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HomeMy WebLinkAboutMinutes 10-11-1999City of Cape Canaveral Board of Adjustment Meeting Minutes October 11, 1999 A Meeting of the City of Cape Canaveral Board of Adjustment was held on October 11, 1999 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Farmer called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT Ronnie Farmer Vice Chairperson Robert Laws Connie McKone Marilyn Rigerman Paula Collins 1st Alternate MEMBERS ABSENT Earl McMillin OTHER PRESENT Beatrice McNeely Ex- Officio Member Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Secretary Vice Chairperson Farmer announced that Mrs. Thu=had resigned from the Board. He thanked Mrs. Thurm for her many years serving on the Board and added that she would be greatly missed. NEW BUSINESS: 1. Election of Chairperson and Vice Chairperson. Connie McKone nominated Earl McMillin for Chairperson. Robert Laws nominated Marilyn Rigerman for Chairperson. Motion by Robert Laws to close nominations. The motion was seconded by Marilyn Rigerman. Vote to close nominations was unanimous. The Secretary polled the Board members. By a (4) to (1 ) vote, Marilyn Rigerman was elected as Chairperson. Board of Adjustment Meeting Minutes October 11, 1999 Page 2 Robert Laws nominated Ronnie Farmer for Vice Chairperson. Motion by Marilyn Rigerman to close nominations. The motion was seconded by Robert Laws. Vote on the motion carried unanimously. Ronnie Farmer was re- elected as Vice Chairperson. Vice Chairperson Farmer turned the meeting over to Chairperson Rigerman. Both Board members were congratulated. Mrs. Rigerman acknowledged Mrs. Thurm and thanked the Board for their confidence in allowing her to serve as Chairperson. 2 Motion to Approve the Meeting Minutes of August 23, 1999. Motion by Connie McKone, seconded by Robert Laws to approve the meeting minutes of August 23, 1999 as submitted. Vote on the motion carried unanimously. Variance Request No. 99 -13 to Allow Structure to Protrude 3 ft. into the Required 8 ft. Side Setback on Lots 12 & 1/2 of 13, Block 16, Avon by the Sea Subdivision, Section 23, Township 24 South, Range 37 East, (418 Madison Avenue) - Petitioner is Walter C. Bowman, Designated Agent for Frank and Betty Lee, Property Owners. Dennis Franklin, Building Official and Walter Bowman, Petitioner, were sworn in by Kohn Bennett, City Attorney. Chairperson Rigerman confirmed that proper notifications had been mailed to property owners and the request was duly advertised. Walter Bowman, designated agent, testified that the request for variance was to preserve (3) oak trees that existed upon the property located approximately 8 ft. apart from each other in front of the proposed garage entrance. He explained that the request was for a (3) ft. variance to the required side setback requirement for accessory buildings. The conditions for the request required that a hardship needed to be established which Mr. Bowman explained that the hardship was the oak trees on a lot full of oak trees and the owners desire to design a home that would preserve as many trees as possible. Mr. Bowman submitted photographs of the lot (Exhibit A). Brief discussion followed regarding the size and location of the trees. Mr. Bowman advised that if the variance was not granted, there would be approximately (12) oak trees remaining. Discussion continued. Mr. Bowman added that he designed the home to comply with the required setbacks, however, the variance was necessary to preserve the trees in front of the garage area. Board of Adjustment Meeting Minutes October 11, 1999 Page 3 Dennis Franklin, Building Official, reported that staff had thoroughly reviewed the submitted site plan and it appeared to meet the city ordinance other than the setback as Mr. Bowman had described. He advised that it would be entirely up to the Board to grant or deny the location encroaching the setback. Chairperson Rigerman asked if any person in the audience wished to speak at this time. There being no response, the Board Secretary verified that no correspondences had been received. Mrs. Rigerman reviewed the established conditions for the granting of a variance. Mr. Laws read into the record the P & Z Board's Findings of Fact which stated "Mature trees are not special conditions or circumstances to this land - granting variance would confer special privileges not endowed to others." Mr. Laws pointed out a similar request from an owner in the Ocean Woods subdivision many years ago. The Board of Adjustment had denied that request. Brief discussion followed. Motion by Ms. McKone, seconded by Mr. Farmer to deny Variance Request No. 99 -13 as follows: Findings of Fact Frank and Betty Lee were the owners of the real property described in the Petition. The property was located in the R -2 zoning classification and was subject to the Land Development Regulations pertaining to said district. The granting of the variance request would adversely affect the public interest. This variance was not consistent with the goals, objectives and policies of the Comprehensive plan; was not consistent with the intent of the R -2 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; no unusual police, fire or emergency services would be required; all the requirements of the zoning district would not have been met with the variance. The property owners were not entitled to this variance due to the facts that the trees were not special conditions or circumstances unique to the land or proposed structure; and the granting of this variance would confer special privileges not endowed by others. Conclusion of Law That the Zoning Board of Adjustment had lawful power and authority to grant or deny the variance request under special conditions and circumstances as set forth in Section 110 -297, Paragraph (A)(2) of the Cape Canaveral Code of Ordinance. The petitioner had not met the minimum requirements for the requested variance and had not demonstrated entitlement to the variance which would adversely affect the public interest. Order: Frank and Betty Lee were denied the requested variance. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes October 11, 1999 Page 4 There being no further business, the meeting was adjourned at 8:07 P.M. Approved this 28th day of February, 2000. Susan L. Chapman Susan L. Chapman, Secretary Marilyn ? Rigerman Marilyn Rigerrman, Chairperson