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HomeMy WebLinkAboutMinutes 03-16-2009 ''r City p of Cape Canaveral Board of Adjustment Meeting Minutes March 16, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 16, 2009 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Chairperson Paula Collins Vice Chairperson Jack Childs George Sweetman MEMBERS ABSENT: Dennis Jenkins OTHERS PRESENT: Susan Chapman Secretary Kate Latorre Assistant City Attorney Bea McNeely Ex officio Member Robert Hoog Mayor Pro Tem Bennett Boucher City Manager Barry Brown Planning & Development Director Assistant City Attorney, Kate Latorre, advised that since there were no public hearings, no one needed to be sworn in. NEW BUSINESS 1. Motion: Approval of Meeting Minutes - November 10, 2008. Motion by Paula Collins, seconded by John Bond, to approve the meeting minutes of November 10, 2008, as written. Vote on the motion carried unanimously. 2. Motion: Request to Extend the March 24th, 2009 Expiration Date, by an Additional 12 -month Period for Granted Special Exception 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, Managing Member for Tripple J Investments, LLC. The Chairperson read the agenda item for the record. Board of Adjustment Meeting Minutes March 16, 2009 Page 2 Assistant City Attorney, Kate Latorre, gave an overview of the procedure. She advised that this was a special exception that was already granted pursuant to several public hearings giving testimony and evidence. This request was for an extension of time which is allowed under the City code. This was not a Public Hearing. The request needed to be made before the special exception expired, and the applicant needed to show good cause to be granted the time extension. She clarified that the Board would not be taking new evidence, because it was already an approved special exception. John Johanson, Managing Member for Tripple J Investments, LLC, explained that since the market had stopped over the past few years, and in today's market it was not cost feasible. Therefore, they could not build anything right now. He was hoping to build within the next 12- months. Chairperson, John Bond, asked if any changes were planned to be made since the approval. Mr. Johanson responded that the only change discussed was maybe reduce the outside units to single story and leave the center unit a two story to keep the cost down. Board member, George Sweetman, voiced his concern about the salability of what they were trying to do, and how it was going to affect the properties around him. Mr. Sweetman asked that if the extension was granted for the 12 -month period, and the market didn't change, what he planned to do with the property? Mr. Johanson responded that he had no idea. However, if the extension expired then they would start over again. Vice Chairperson, Paula Collins, explained that it was not within the Board's purview to speculate or be concerned with how an applicant's business plan was going to play out. She advised that the Board's job was to deal within the strict confines of what was allowed by code. Mr. Sweetman responded that the code said "may" grant. He believed his questions were appropriate to justify just cause for the requested extension. Chairperson, John Bond read City code Section 110 -32 regarding granting an extension. He commented that some times the Board was tasked to make unpopular decisions. He explained that tonight was not to decide what could or should be built on the lot, because that was already determined and adjudicated in the court. There being no further discussion, a motion was made by John Bond, seconded by Paul Collins, to grant the request to extend Special Exception No. 05 -15 for a period of 12 months. Vote on the motion carried unanimously. NIP Board of Adjustment Meeting Minutes March 16, 2009 Page 3 Chairperson, John Bond asked if anyone in the audience would like to speak. Judith Lau, resident, 211 Coral Drive, Harbor Heights, advised that she lives directly across the street from the lot in question. She stated that the Board made a very presumptuous statement that there was no hearing and they could not discuss whether or not that lot would be built on or not. The residents were not at the meeting to question the fact that the special use exception had been granted a year ago. However, the residents were there to ask that given the nature of the special use exception and the time sensitive nature of a special use exception, that the request for extension be denied, and give the residents an opportunity to be present at the time when the developer planned to go forward again, to bring the plan again and ask for that special use exception. She further stated that the only reason the court remanded it back to the Board of Adjustment was that they did not feel the neighborhood had given factual evidence of the effect of the introduction of the multi - family units into a single family residential neighborhood, because at that time the other units had not yet been completed. The residents now have the factual evidence. They were not asking for any more other than to deny the extension and ask Mr. Johanson to present his request when he was ready to build, so they could take a snap -shot again, because that's what a time sensitive thing is to see what effect having multi - family in a single family residential neighborhood. But, the Board did not give them the opportunity, because they assumed that we wanted to talk about whether it should be built, but that was not what they wanted. Ms. Lau announced that she was very distressed. Chairperson Bond advised that this was not a popular decision, but one they had to make. Ms. Lau did not agree. 3. Interviews for New Board of Adjustment Members & Recommendations to City Council - Prospective Board Members: Linda Brown, Douglas Raymond, and Leo Nicholas. The Chairperson advised that they had three candidates for the Board and would interview them in the order of the date their application was received. He announced that Board member Jack Childs shared with the Board at the last meeting that he would be resigning due to his health, and he was not present at this meeting because he was ill. He advised that the Board currently had one regular member vacancy, and would probably have two; and two alternate positions were open. rid► Board of Adjustment Meeting Minutes March 19, 2009 Page 4 Linda Brown stepped up to the podium. Mr. Bond announced that he wanted everyone to know that she was a neighbor of his, however they did not know each other on a social basis, they just knew of each other. Ms. Brown advised that she's lived in Cape Canaveral for three years, but she has visited the City since 1976; she loved the area; and realized that the decisions that they have to make were difficult, because the decisions effect people's lives, they have to weigh the pros and cons very seriously, and not take the decisions lightly, and you have to make your decisions based on what is best for the community. She understood about special use exceptions, because in the past she helped someone get a special use exception, and was also involved in defeating one, because it adversely affected a community. She advised that it was important for the City to maintain its small town integrity. Mr. Bond gave an overview of the information on Ms. Brown's application. Motion by John Bond, seconded by George Sweetman, to recommend to the City Council that Linda Brown should be appointed to the Board. Barry Brown, Planning & Development Director, advised the Board that they had the ability to make a recommendation to the City Council as to who they would like to fill the full member seat and who they wanted to fill the 1st alternate seat and who they wanted to fill the 2nd alternate seat. He explained that if a full member was out, then the 1st alternate would fill that position, and then if the full member and 1st alternate were both out, then the 2nd alternate would fill that seat. Mr. Brown suggested that the Board interview all the applicants, and then make the motion. Kate Latorre, Assistant City Attorney, questioned if that was traditional for the Board to make a specific recommendation when there are that many applicants? Bennett Boucher, City Manager, responded that the decision is at the pleasure of the City Council. Chairperson Bond announced that the Board would interview all the applicants before making any of the recommendations to City Council. John Bond withdrew the motion, George Sweetman and Paula Collins had no objection. Douglas "Doug" Raymond stepped up to the podium. Mr. Bond gave an overview of the information on Mr. Raymond's application. He advised that Mr. Raymond was new to the City; he desired to be a member of an advisory board or committee; he was new to the community and desired to volunteer his skills and interests for the betterment of the City; he did not have any experience with civic involvement with boards such as this; his specialized skills and training included 35 years with industrial engineering and construction, he coached for several boys sports teams, and he has a degree in business and accounting. • Board of Adjustment Meeting Minutes March 19, 2009 Page 5 Mr. Raymond advised that he, his wife and three sons moved to Cape Canaveral after 27 years living in St. Lois, Missouri; he worked for a company who did major construction jobs around the world and he was involved in several different departments within the company. His family had moved to Cape Canaveral part - time four years ago, they sold there house in St. Louis and now they are full -time residents; he is retired and has the time to devote to an organization like this; he currently does volunteer work at the recreation center by teaching young kids tennis; last year he was the treasurer for his condominium association, this year he is the president. He advised that he would bring open mindedness, because he is new to the area and can be objective to situations. Leo Nicholas stepped up to the podium. Mr. Bond stated that Mr. Nicholas has been involved with the City for a long time. Mr. Nicholas advised that he has lived in the City since 1963; he has been involved with this Board, Planning & Zoning Board, City Council, and just about every board except for the Recreation Board at one time or another; his heart and interest is in the City; having served on the City Council, they have reviewed the zoning code several times, including the sign code. He was aware that the only code the Board is involved in is Chapter 110 of the zoning code, and he has intimate knowledge of that code and how to apply it. He would be a great asset to the Board without having to go through a training session. He was surprised there were so many vacancies available on the various boards. He would like to serve on the Board and do what he can in the best interest of the City. He added that even though he currently was not in an elected position, his heart is in this City and wants to do what ever he can. His work background included being an electrical engineer retired from the Space Center; and he currently has a small business in Merritt Island. Chairperson Bond thanked Mr. Nicholas for all his years of service in the community. Mr. Nicholas stated that he would like to be appointed to this Board to continue that service. The Chairperson announced that there were three excellent candidates. Mr. Bond advised that he was going to make a recommendation in the order of the date that the City received the applications. Assuming that all three applicants are appointed to the Board, unfortunately that left an applicant with many years of experience being appointed as an alternate, unless the City Council changes the Board's recommendation. Motion by John Bond, seconded by Paula Collins, to recommend appointment of all three applicants and that they are seated in the order of their application date. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 16, 2009 Page 6 OPEN DISCUSSION There was no open discussion. There being no further business the meeting was adjourned at 7:40 p.m. / Approved on this � � day of - ✓,iv/� 2009. .41 Lie Jo n Bond, 'Chairperson 1 , wai Susan L. Chapman, Secretary