HomeMy WebLinkAboutMinutes 11-09-1998City of Cape Canaveral
Board of Adjustment
Meeting Minutes
November 9, 1998
A Meeting of the City of Cape Canaveral Board of Adjustment was held on November 9,
1998 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Thurm called the meeting to order at 7:30 P.M. The Board Secretary called the roll.
MEMBERS PRESENT:
Ann Thurm
Robert Laws
Connie McKone
Earl McMillin
Marilyn Rigerman
Paula Collins
Chairperson
1St Alternate
2nd Alternate
MEMBERS ABSENT:
Ronnie Farmer
Vice Chairperson
OTHER PRESENT
Beatrice McNeely
Kohn Bennett
Steve Bapp
Susan Chapman
Ex- Officio Member
City Attorney
Staff Representative
Board Secretary
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
October 12, 1998 as submitted. Vote on the motion carried unanimously.
Steve Bapp, staff representative; Scott Nickle, project engineer; Kurt Tezel, property
owner; and Barry Frank, representative for Budget Rent a Car & Truck Co., were sworn
in by Kohn Bennett, City Attorney.
NEW BUSINESS
1. Special Exception Request No. 98 -04 to Allow Vehicle & Truck Rentals and Car
Wash in the C -1 Zoning District, Parcel 753, Section 15, Township 24 South,
Range 37 East - Petitioner was Barry Frank, Agent for Budget Rent a Car and
Truck Co. and Designated Agent for Discovery Bay Development, Inc., Property
Owner.
Board of Adjustment
Meeting Minutes
November 9,1998
Page 2
Mr. Scott Nickle, project engineer, presented a schematic of the proposed building for
the Boards review. He clarified that the proposed car wash was in conjunction with the
vehicle rental business and would not be available to the public. Mr. Nickle advised that
there would be no vehicle maintenance, no public address system, adequate buffering
would be provided, and the petitioner would comply with all city staff comments
and /or concerns during the site plan process. Chairperson Thurm briefly reviewed the
city staff reports. Mr. Kurt Tezel, property owner, advised that he was also the owner of
the residential land adjacent to this property.
The Board members reviewed and discussed conditions of approval placed on a
previous special exception request for the same type of business.
Motion by Mr. McMillin, seconded by Mrs. Rigerman to approve Special Exception
Request No. 98 -04 as follows:
Findings of Fact Discovery Bay Development, Inc. was the owner of the real
property described in the Petition. The property was located in the C -1 zoning
classification and was subject to the Land Development Regulations pertaining
to said district. The granting of this special exception request would not
adversely affect the public interest. This special exception was consistent with
the goals, objectives and policies of the Comprehensive Plan; was consistent with
the intent of the C -1 zoning district; this request would not create any adverse
impacts to adjacent property through the creation of noise, light, vibration,
traffic, utility requirements, or stormwater runoff that would not have been
created had the property been developed for a principal use permitted in the C -1
zoning district; no unusual police, fire or emergency services would be required;
all the requirements of the zoning district were met with this special exception.
Conclusion of Law That the Board of Adjustment has lawful power and
authority to grant Special Exceptions under special conditions and circumstances
as set forth in Section 110 -334 (c)(9) & (14)of the Cape Canaveral Code of
Ordinances. The petitioner had met the minimum requirements for the
requested special exception and had demonstrated entitlement to the special
exception which would not adversely affect the public interest.
Board of Adjustment
Meeting Minutes
November 9,1998
Page 3
Order Discovery Bay Development, Inc. was granted the requested special
exception with the following limitations, restrictions and conditions:
1. Mechanical and vehicle maintenance/ repair was prohibited.
2. The car wash was limited to Budget Rent a Car and Truck Co.
business use only and their successors. Not open for public use.
Vote on the motion carried unanimously, as amended.
There being no further business, the meeting was adjourned at 8:00 P.M.
Approved this .26 day of April 1999
Susan L. Chapman
Susan L. Chapman, Secretary
Ann Thurm
Ann Thurm, Chairperson