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HomeMy WebLinkAboutMinutes 03-24-2008City of Cape Canaveral Board of Adjustment Meeting Minutes March 24, 2008 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 24, 2008 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Earl McMillin Chairperson Constance McKone Vice Chairperson Paula Collins MEMBERS ABSENT: Jack Childs OTHERS PRESENT: Bea McNeely Robert Hoog Shannon Roberts Kate Latorre Chris Keller Susan Chapman NEW BUSINESS Ex -officio Member Mayor Pro Tem Council Member Assistant City Attorney Assistant City Planner Secretary 1. Motion to Approve the Meeting Minutes of Ma 10 2007. Motion by Connie McKone, seconded by Paula Collins, to approve the meeting minutes of May 10, 2007. Vote on the motion carried unanimously. 2. Motion Re: Reconsideration of Special Exception Reauest No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3. Section 14, Township 24 South, Range 37 East - John Johanson for Tri le J Investments LLC Petitioner. This request is being reconsidered by the Board given the decision of the Brevard County Circuit Court quashing the previous decision of the Board of Adjustment. Chairperson McMillin read the agenda item for the record. He explained that the Board previously denied the Special Exception request. The Brevard County Circuit Court overturned that decision. Now, the Special Exception request was bUi1 lg r eL;LJI isider UU by t(le Board giVef l L U UfCL;IbIUF 1 of LI- e Brevard UUUrity Circuit Court overturning the previous decision of the Board. Code Enforcement Board Meeting Minutes March 24, 2008 Page 2 Judith Lau, citizen, read the circuit Court's ruling and other documents contained in the agenda packet. Ms. Lau advised that the city code stated that three parking spaces were required for each townhouse unit. She questioned if this request met the city's code requirements for ingress, egress, and off-street parking. She noted that the City would not require a site plan, because the request was for only three townhouse units. She noted that there is no sidewalk or off-street parking. She advised that the two townhouses on Lot 1, have pavers for parking on the driveways and there is, at any one time, six and seven vehicles parked on the driveway, on the grass, and on the street. Also, there are sometimes seven and eight people living in each unit. She questioned how the residents of Harbor Heights could be assured of no more ingress, egress, and parking problems if a site plan was not required. Assistant City Attorney, Kate Latorre, responded that even though the Special Exception request was remanded back to the Board, the Board could still impose reasonable safeguards and requirements. She added that the City's Building official is charged with ensuring and enforcing compliance. Richard Morris, property owner of Lot 2, submitted photographs of the Lot 1 property, which showed 27 weeks of newspapers, and garbage overflowing. He testified that 25 people were living in the units; and the units were being rented by the bedroom. He stated that at one time, before the lots were all sold, they were single family lots, and now his single-family home is between commercial property, all the townhouses are rental units, and he's stuck with a residential single family home adjacent to commercial. Connie McKone questioned if all three lots had special exceptions for residential use. Kate Latorre verified that Lot 3 was one of a series of lots that received a Special Exception for residential use. Chairperson McMillin noted that Special Exception Request #89-9 was granted a Special Exception for three single family homes on three residential lots. Resident, 224 Coral Drive, complained about the renters dogs. Sheldon Stevens, Esq., representing Tripple J, advised that his clients were not renting the units; his clients did not own the units previously constructed on Lot 1; this Special Exception request complies with R-2 zoning, and met all the required criteria, obvious by the Court's ruling. He suggested that the Board move on and write the Board Order. • Board of Adjustment Meeting Minutes March 24, 2008 Page 3 Connie McKone stated that she still stood on the way she had originally voted. However, based on the Court's decision, she moved to grant Special Exception Request No. 05 -15, with the following conditions and safeguards: • Petitioner shall construct no more than three (3) residential townhouses. • Pursuant to City Code Section 110 -334 (c) (10), the requirements of the R -2 Medium Density Residential District shall apply to the residential construction on the subject property. The motion was seconded by Earl McMillin. Vote on the motion carried unanimously, as amended. 3. Election of Chairperson and Vice Chairperson. Chairperson McMillin asked the attending Board members to consider tabling this agenda item because all the Board members were not present. By a voice vote, they unanimously agreed to table this agenda item. 4. Discussion & Motion Re: Changing the Board Meeting Time. Connie McKone stated that it seemed reasonable to change the meeting time to 7 p.m. Brief discussion followed. Motion by Connie McKone, seconded by Earl McMillin, to change the meeting time to 7 p.m. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 8:06 p.m. Approved this I #'' day of Hi�U , 2008. Earl McMillin, Chairperson p Susan L. Chapman, Secretary