HomeMy WebLinkAboutMinutes 05-10-2007City of Cape Canaveral
Board of Adjustment
Meeting Minutes
May 10, 2007
A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 10, 2007
at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Earl
McMillin, Chairperson, called the meeting to order at 7:00 P.M. The Secretary called
the roll.
MEMBERS PRESENT
Earl McMillin Chairperson
Constance McKone Vice Chairperson
Robert Laws
Paula Collins
Jack Childs
OTHERS PRESENT
Bennett Boucher
Todd Morley
Bea McNeely
Lamar Russell
Robert Hoog
Shannon Roberts
Todd Peetz
Anthony Garganese
Susan Chapman
City Manager
Building Official
Ex- Officio Member
Vice Chair, P & Z Board
Mayor Pro Tern
Council Member
City Planner
City Attorney
Secretary
NEW BUSINESS
Motion to Approve the Meeting Minutes of February 12 2007
Motion by Connie McKone, seconded by Jack Childs, to approve the meeting minutes of
February 12, 2007. Vote on the motion carried unanimously.
2. Request No. 07 -05, Administrative Appea of the Buildinq Official's Final
Administrative Decision pursuant to Section 110 -40 of the City Code Regarding
Coastal Terminals L.L.C.'s Request for a Special Exception (8954 N Atlantic
Avenue), Parcel ID Nos. 24- 37- 14- 00- 00271.0 - 0000.00 24-37-14-00-00015.0-
0000.00, Cape Canaveral FL 32920 -3449 Richard E Torpy, Esq., on Behalf of
Coastal Terminals, L.L.C.
Earl McMillin, Chairperson, read the agenda item for the record. He informed the Board
that a recent development had come to his attention through the city's legal counsel. He
asked the city attorney to explain the current situation. Anthony Garganese, City
Attorney, stated that he was contacted by attorney Torpy, who indicated that due to
health problems, he was temporarily incapacitated; therefore, unable to attend this
evening's hearing. Mr. Garganese advised that attorney Torpy respectfully requested a
continuance of the hearing to the month of June. Mr. Garganese explained that due to
privacy concerns, he did not want to divulge what Mr. Torpy had indicated to him
regarding his health condition, but he believed that they were significant enough to
convince him to grant the request for a continuance.
Board of Adjustment
Meeting Minutes
May 10, 2007
Page 2
Anthony Garganese, City Attorney, recommended that the Board postpone the hearing
to a date certain in June, in order to preserve advertising. He noted that the city sent out
an advertisement to the surrounding property owners at a cost of approximately
$5,000.00.
Chairperson McMillin announced that because the Board has this situation with legal
counsel for Coastal Terminals, he moved that this matter, Request #07 -05,
Administrative Appeal of the building official's final administrative decision, be continued,
until June 14, 2007, at 7:00 p.m., in the Cape Canaveral Public Library meeting room.
Citizens in the audience attempted to make comments; however, Chairperson McMillin
announced that the Board was not hearing any comments; therefore, the Board would
act on the motion. Connie McKone, Vice Chairperson, seconded the motion. Robert
Laws, Board member, questioned why this matter could not have been handled earlier.
Chairperson McMillin answered that the situation came up at the last moment.
Chairperson McMillin noted, for the record, that Paula Collins, Board member, entered
the meeting at this time. Mr. McMillin informed Mrs. Collins of the Board's actions on this
item.
There being no further discussion on the motion, Chairperson McMillin called for the
vote. Vote on the motion carried unanimously.
Chairperson McMillin announced that the Board was not hearing any comments, and
advised that the matter has been continued.
Motion by Robert Laws, seconded by Connie McKone, to adjourn the meeting. Vote on
the motion carried unanimously.
The meeting was adjourned at 7:06 p.m.
Approved this �29+V' day of tor, rf 200��'
Ear Willin,
Susan