Loading...
HomeMy WebLinkAboutMinutes 07-13-1992CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENTS JULY 13, 1992 A Meeting of the City of Cape Canaveral Zoning Board of Adjustments was held on July 13, 1992 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Lloyd called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Russell Lloyd Chairman Marilyn Rigerman Vice Chairman Robert Laws Robert Hoog Alternate John Rutte Alternate MEMBERS ABSENT: Ronnie Farmer Patrick Lee OTHERS PRESENT: James Morgan Building Official Kevin Markey Assistant City Attorney Susan Nelson Secretary Mr. Laws moved to approve the minutes of June 15, 1992 as submitted. Ms. Rigerman seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Variance Request No. 91 -5 to Allow Swimming Pool and Screen Enclosure to Encroach into the Required Setbacks in a R -3 Zone Lot 2 Block 30 Section 23 Township 24 South, Range 37 East, Sea Monica I Subdivision (Located at 601 Monroe Avenue) - Petitioner was O. Scott McCauley. Owner Chairman Lloyd reviewed that this request had been tabled at the meeting held on February 10, 1992. The Board had requested that the petitioner provide an as -built survey and complete the Variance Request Application. The Secretary advised that the requested information had not been received. Mr. McCauley, Petitioner, submitted the requested as -built survey (Exhibit 1); the completed Variance Request Application (Exhibit 2); a list of 200 citizen comments regarding the structures (Exhibit 3); and a construction drawing of the swimming pool which he explained had been originally submitted with the pool permit application (Exhibit 4). The Board members reviewed the exhibits. Discussion followed. Mr. Morgan, Building Official, reviewed the as -built survey and voiced his opinion that it appeared to be accurate. He explained that the pool encroached approximately eight feet into the required setback and the screen enclosure encroached approximately ten feet into the required setback on Ridgewood Avenue and five feet into the rear setback. Discussion followed. Zoning Board of Adjustments July 13, 1992 Page 1 of 2 The Board members reviewed the submitted exhibits, photographs of the structures, the original submitted plans and permit applications. Discussion followed. Mr. Hoog voiced the opinion that the owner's contractor was incompetent in observing the required setbacks and that the construction drawing submitted with the swimming pool application mis- represented the placement of the structure. It was determined that the documents associated with the building permit for the screen enclosure clearly set forth the applicable setback requirements, which requirements were ignored. Chairman Lloyd polled the Board members. It was concluded that a justified hardship did not exist. Mr. Morgan explained that two separate inconsistent drawings /sketches had been submitted and that the construction of the pool was undertaken by the owner on the building permit for the pool. Discussion followed. It was the conclusion of the Board members that neither the application nor the applicant were able to demonstrate special circumstances which were peculiar to his land and which were not applicable to other lands in the same district; or that literal interpretation of the provisions of the Ordinance would provide the applicant the rights commonly enjoyed by the other properties in the same district; or that the special conditions and hardship that existed were not self - imposed; or that the applicant would not enjoy any special privilege due to granting of the variance. Ms. Rigerman moved to deny the variance request to allow the screen enclosure and approve the variance request to allow the swimming pool to encroach into the required setbacks. Mr. Laws seconded the motion. Discussion followed. Motion carried unanimously. DISCUSSION Chairman Lloyd distributed a copy of the "Board of Adjustments Rules & Procedures" to each Board member. He asked that the members review them and make suggested changes at the next meeting. He asked the Secretary to mail the procedures to the absent members and list this issue as a discussion item on the next meeting agenda. The Secretary concurred. There being no further business the meeting was adjourned at 9:00 P.M. Approved this 9 day of Tanua.rq 1993. ��. f" °biz S Chairman laom L. Secretary Zoning Board of Adjustments July 13, 1992 Page 2 of 2