HomeMy WebLinkAboutMinutes 06-17-2004 Special CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
June 17, 2004
5:00 P.M.
MINUTES
CALL TO pRDER:
ROLL CALL;
Council Members Present
Council Member Steve Miller
Mayor Rocky Randels
Council Member Richard Treverton
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Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Attorney for the Applicant Timothy Pickles
Attorney for the City Staff William Reichman
The Council members in attendance are those same members who discussed and made
final decision at the first Vested Rights Hearing.
PUBLIC HEARING:
1. Motion to Approve: An Order on the Vested Rights Application Submitted by
Smith Construction and Development, Inc., Property Owner for Madison Cay
Townhomes Project.
Mayor Randels inquired if the Council's task were to read the Order, review it and find it
representative of the final action. Mayor Randels stated that the Special Meeting was duly
noticed. Attorney Garganese replied that a Vested Rights Hearing was conducted on
June 1, 2004, after which time the Council had 14 days to reply. The order was based on
the decision of the Council. He pointed out that on Page 3, Paragraph 10 and Line 5: the
applicant tested" should be included. He made a correction to the spelling of Ms.
Gumphers last name throughout as well. Applicant's Attorney, Timothy Pickles, stated that
the Order calls for a 10 -foot setback. Properties that have not been construction would be
pushed back farther. Also, the engineer raised a question on driveway widths that were
changed from 20 -feet in the 1980's to 24-feet as in the existing Code. Mr. Morley replied
City of Cape Canaveral, Florida
City Council Special Meeting — Vested Rights
June 17, 2004
Page 2 of 2
that the 24 -foot setback is an emergency management measure. Mr. Boucher included
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that the minimum the fire department expects is 20feet and on- street parking would not
be possible. Mayor Randels stated for the record that the 20 foot standard would apply to
the vested right.
Mr. Treverton expressed that he was in agreement with the Order and Paragraph 20
allows for the 20 -foot driveway requirement. Mr. Miller stated that the Applicant is being
granted the minimum 10 -foot requirement for the garages. Flexibility is being allowed
without jeopardizing the vested right. Mr. Morley said that the City is not granting them the
right to expand into the rear of the property and this would allow for a less congested
{ development. Mr. Roger Smith said that he would move construction back as far as
possible.
A motion was made by Mr. Miller and seconded by Mr. Treverton to Approve the
Vested Rights Application by Smith Development and Construction, Inc. with the
minor changes so noted by City Attorney Garganese. The vote on the motion
carried 3-0 with voting as follows: Mn Miller, For, Mayor Randels, For and Mn
Treverton, For
There being no further business, the Chair adjourned the meeting at 5:17 P.M.
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Rocky Randels, MAYOR •
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STATE OF FLORIDA
# COUNTY OF BREVARD
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Before the undersigned authority personally appeared MAUREEN FARR who on ,
oath says that she is LEGAL ADVERTISING CLERK 1
Cily cahnd of Ih of Cape
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continuation of of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; Hearing In the OW Hall Amex,
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that the attached copy of advertising being a LEG NOTICE 011180111 y, June to the vested
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sidered at this meeting, that pr-
is a newspaper in said Brevard County, Florida, and that the said newspaper has owl will reed � rdam pur-
Pose that Darien fl t reed to heretofore been continuously published in said Brevard County, Florida, regularly as 'rore"'"'r,,ade'a0"d, h of
mood includes the teslimay
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stated above, and has been entered as periodicals matter at the post office in
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M ELBOURNE i n said Brevard County, Florida, for a period of one year next preceding r-
the first publication of the attached copy of advertisement; and affiant further says that evidmae, nor does it Whorl:. challenges °eappee6 not Whor-
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she has neither paid nor promised any person, firm or corporation any discount, rebate, once to parlapate In any d
commission or refund for the purpose of securing this advertisement for publication in
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(Signature o
Sworn to and subscribed before this this 11TH day of JUNE, 2004 .
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(Name of Notary Typed, Printed or Stamped)
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