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HomeMy WebLinkAboutMinutes 09-23-2002City of Cape Canaveral Board of Adjustment Meeting Minutes September 23, 2002 A Meeting of the City of Cape Canaveral Board of Adjustment was held on September 23, 2002 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT Marilyn Rigerman Earl McMillin Robert Laws Ronnie Farmer Connie McKone Paula Collins Chairperson Vice Chairperson 1 st Alternate OTHERS PRESENT Bea McNeely Leo Nicholas John Fredrickson Jeffrey Buak Morris Reid Susan Chapman Ex- Officio Member Planning & Zoning Board Member Planning & Zoning Board Member Assistant City Attorney Building Official Board Secretary All persons giving testimony were sworn in by Jeffrey Buak, Assistant City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of September 23 2002. Chairperson Rigerman requested to amend the motion to reflect that Mr. Laws voted "for" the motion. Mr. Farmer requested that his statement in the minutes be amended for clarification to read as follows: Mr. Farmer voiced his opinion that the findings of fact was that city staff should have caught the error in a timely manner so that the protrusion would not have had a negative impact to adjacent properties and the city is as guilty of this error as the builder. Motion by Mr. McMillin, seconded by Mr. Farmer to approve the meeting minutes of September 23, 2002 as amended. Vote on the motion carried unanimously. 2. Special Exception Request No. 02 -08 to Allow Residential Use in the C -1 Zoning District, Parcel A.08 and 500, Section 14, Township 24 South Range 37 East - Holly Myers, Applicant. Board of Adjustment Meeting Minutes September 23, 2002 Page 2 Holly Myers, Applicant, testified that the property was immediately West of Ocean Woods and N. Atlantic Avenue; she depicted the property location from an aerial photograph; this property had been granted a previous special exception on July 10, 1995 for (17) units; at the time she submitted this request for special exception she was unaware that the property was granted the previous special exception; she believed the request would not create any adverse impacts to adjacent properties; residential was less of an impact than a commercial use; she read the conditions of the previous granted special exception and advised that the owner was currently performing a title search of Ocean Woods Blvd.; this special exception request was for (19) units however, she wanted to modify that to a R -2 special exception. Mr. McMillin commented that the Department of Transportation may not allow direct access from A1A and inquired if the applicant could meet the road -cut requirements. He noted that Ocean Woods Boulevard was a private street, the questions was who owned it. Ms. Rigerman noted the property owner has had since 1995 to obtain a title search as to who actually owned the road and believed that the roadway was owned by Ocean Woods. Ms. McKone questioned why the applicant now wanted to change the request for (19) units to R -2. Ms. Myers responded that the code allows C -1 zones to request special exceptions for R -2 and the property is valuable enough to add additional units to meet the density requirement of R -2 zoning. Mr. Reid clarified that the Board had previously granted a special exception to this property for (16) units with conditions. If the property owner wanted to now modify that special exception, they would need to reapply. Brief discussion was held regarding the property at 8720 Seashell Lane that was granted a 25 ft. easement for access. Ms. Myers clarified that this property was completely separate from the Ocean Woods development. Mr. Reid advised that the city public works director requested 20 ft. of the 50 ft. easement on the west side of the property for landscaping along A1A. Ms. Myers advised that the Florida Dept. of Transportation would issue a road cut permit for access directly on Al A. Various residents of Ocean Woods responded to the request. They noted that the access gate to Ocean Woods was 100 ft. from N. Atlantic Avenue; the site plan presented by the applicant would create a road hazard to the residents because the large trucks (rubbish, fire, moving, etc.) would have to back out of the proposed development and turn - around on Ocean Woods Blvd; they requested the developer to access on N. Atlantic Avenue; Ocean Woods Blvd. was already cracked, substandard and 10 yrs. overdue for maintenance and additional traffic would only make it worse; Ocean Woods Blvd. was only 40 ft. wide; the city previously turned down taking over Ocean Woods Blvd.; they welcomed a residential development but requested access from N. Atlantic Avenue; and the city's code enforcement office should be responsible to enforce the maintenance of the roadway; unless this owner proves that they own the roadway, they should not be approved by the city to develop it; the fire department and U.S.A. Waste should review the site plan; the property owner should consider can service because placing a dumpster, as provided on the site plan, would create sanitation problems; the Ocean Woods property owners were concerned that the owners of this proposed development would use Ocean Woods as a short -cut to the ocean and would probably want to use their amenities. Ms. Meyers clarified she was not requesting to change what was being asked for. The owner was now requesting the city grant a blanket R -2 use, however, would accept being limited to (19) units. Board of Adjustment Meeting Minutes September 23, 2002 Page 3 Mr. McMillin advised that he had voted against the original special exception request in 1995 because N. Atlantic Avenue needed to be improved to accommodate the traffic flow; and now the new FPL poles just made the problem worse. Mr. Nicholas, Member of the Planning& Zoning Board (P & Z), stated for the record that the P & Z Board did not hear the same testimony as the Board of Adjustments; the P & Z Board recommended approval specifically for (19) units; the applicant was now asking approval of a blanket special exception for R -2; under the R -2 zoning district, with the acreage of this property, could allow for up to (32) units which is a significant change in criteria and density. Ex- Officio Board Member, Bea McNeely, pointed -out that code allowed only one request per year. Ms. Myers advised that the F.D.O.T. permit application could not be submitted until the site plan was approved. Building Official Reid advised that F.D.O.T. could issue a conditional permit. Assistant City Attorney Buak advised that it was up to the Board to decide whether there was adequate access. The Board reviewed the special exception checklist and verified that the special exception would not create any adverse impact to adjacent property through the creation of noise, light, vibrations, traffic, utility requirements, or storm water runoff that would not have been created had the property been developed for a principal use in the C -1 zoning district; the special exception would not create any unusual police, fire or emergency services; it appeared that all the requirements of the zoning district will be met with this request which will be verified during the site plan review process; the site plan will need to meet the requirements for adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency; there will be adequate off - street parking and loading areas without creating undue noise, glare, odor or other detrimental effects upon adjoining properties; there will be adequate and properly located utilities available to serve the proposed development; adequate screening and /or buffering will need to be provided to protect and provide compatibility with adjoining properties; the site plan review will verify that signs and exterior lighting, shall be designed and arranged so as to promote traffic safety and eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties; adequate refuse and service areas shall be provided; the request meets the requirements of the zoning district pertaining to setbacks, landscaping and open space; the proposed use is compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. The Board members agreed that the requested special exception is consistent with the goals, objectives and policies of the Comprehensive Plan; consistent with the intent of the zoning district; the petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. Board of Adjustment Meeting Minutes September 23, 2002 Page 4 Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request No. 02 -08 with the following limitations, restrictions and conditions: 1. If the applicant desires to utilize Ocean Woods Blvd. for ingress and egress, the applicant must provide proof of legal access and otherwise comply with all the requirements for approval during the site plan process. 2. The development shall be limited to the (19) units as requested by the applicant. 3. The current owner shall make reasonable efforts to grant 20 ft. of the 50 ft. easement as requested by the city for landscaping along Al A. 4. The special exception shall run concurrently with the property. Vote on the motion carried unanimously. DISCUSSION Chairperson Rigerman advised that she should have requested a discussion item regarding the conditions of approval for Hertz Rentals granted special exception because the business was fully operational with the conditions of the special exception not being met. Building Official Reid responded that the 10 X 40 slab was not constructed because Hertz contracted with another business in the city to wash the vehicles however, the tenant would install the 10 X 40 slab because it is stipulated in their lease agreement with the property owner. He noted that the buffering between the zoning districts had not occurred as yet; and the landscaping on the road right -of -way was approved by the City Manager. Chairperson Rigerman stated for the record that the business opened on August 1 st without a business license and has not complied with special exception at this time. There being no further business, the meeting was adjourned at 8:50 p.m. Approved this of Y , 2002. Marilyn Rigerma , Chairperson L Susan L. Chapman, Board Secretary