HomeMy WebLinkAbout09-25-2006 Agenda ' \ 4 n / '
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City of Cape Canaveral
CITY OF
CAPECANAVERAL
BOARD OF ADJUSTMENT MEETING
AGENDA
111 POLK AVENUE
SEPTEMBER 25, 2006
7:30 P.M.
fr Call to Order
Roll Call
NEW BUSINESS:
1. Motion to Approve the Meeting Minutes of July 31, 2006.
2. Motion Re: Time Extension Request for Special Exception Request No.
05 -10 to Allow a Vehicle Rental Facility in the G1 Zoning District,
Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 -
(Property is Located Just North of Residence Inn and South of Country
Inn) - Messer Construction Corp., James Messer, President.
OPEN DISCUSSION:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a
person decides to appeal any decision made by the Board of Adjustment with respect to any
matter considered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise allowed by law. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's office at 868 -1221
(48) hours in advance of the meeting. This meeting may include the attendance of one or
more members of the Cape Canaveral City Council and /or Quasi- Judicial Board members
who may or may not participate in Board discussions held at this public meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326
Telephone: (321) 868 -1220 • SUNCOM: 982 -1220 • FAX: (321) 868 -1248
www myflorida.com /cape • e -mail: ccapecanaveral@cfl.rr.com
Meeting Type: Board of
Adjustment
Meeting Date: 9/25/06
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Extension of Special
Exception 05-10
Item
No.
SUBJECT: Extension Request of Special Exception 05-10 to allow a vehicle rental facility.
DEPT./DIVISION: Building Department
Requested Action:
Consider a requested for extension of special exception 05-10 to allow a vehicle rental facility. Per City
Code 110-48, an extension of 12 months may be granted to an applicant if they can show good cause for the
delay.
Summary Explanation & Background:
The applicant is Hertz Rental Car, they received a special exception on October 27th 2005, without conditions and are requesting an
extension pursuant to the City Code 110-48. An application for site plan approve is currently under review with the City and
appears to be nearing completion. This request is for another 12 months.
Exhibits Attached: #1 Letter of request for extension, #2 P&Z Minutes, #3 BOA Minutes, #4 BOA Legal Order, #5 Proposed Site
Plan, #6 Property Appraiser Information, #7 Legal Description, #8 Sketch Survey, #9 Code Section 110-48, #11 Legal Notice.
City Planner's Office
Department
City of Cape Canaveral
Board of Adjustment
105 Polk Avenue
Cape Canaveral, F132920
Messer Construction Corp.
P.O. BOX 425 SHARPES, FL 32959
PHONE: (321) 632-0074 FAX: (321) 639-8783
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Re: Special Exception for allowing the Hertz rental car facility to be constructed
on the north out parcel in front of the Residence Inn
Ladies and Gentlemen,
We appeared before the Board of Adjustment in October and were granted special
exception, valid for 12 calendar months, for the rental car center. The property has
conditions that are an integral part of a St. Johns River Water Management District
permit that require an agreement, suitable to the District, between the buyer and
seller and it is taking an unusual amount of time to get through the process.
We have prepared the building plans and the site plan and submitted them, along
with the appropriate fees, to the City staff. There is some possibility, due to the
advance scheduling of the various Board agendas, that our site will not be
permitted for construction within the 12 months time period.
Therefore we are respectfully requesting an extension for a six months time period
to allow us to get all the approvals needed from governmental agencies.
Pease feel free to contact me should you need additional information if I can
answer questions.
Sincerely yours,
Planning & Zoning Board
Meeting Minutes
September 28, 2005
Page 3
5. Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle
Rental Facility in the C-1 Zoning District, (Property is Located Just North of
Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rqe. 37E, Part of
Parcel 25.0 - William Stephenson, Petitioner.
Todd Peetz, City Planner, advised that the property was located on an out -parcel from
the Residence Inn, and gave an overview of the request. He testified that the project
would have shared access with Residence Inn; and reviewed the required criteria for this
type of special exception.
Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a
car wash, and if so, it would be located within the 600 square foot prep area as shown
on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified
that the use is compatible with the surrounding areas, and designed to meet all code
requirements. He noted that the property will be owned and leased Tong -term.
Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special
Exception Request No. 05-10 to the Board of Adjustment. Vote on the motion carried
unanimously.
OPEN DISCUSSION
Todd Peetz, City Planner, gave an update on the City Council meeting's discussion
regarding short-term rentals. He advised that City Council is not taking any action until
the County makes its final decision. He noted that 36 properties are licensed for rentals
in the City. Bennett Boucher, City Manager, advised that he was having a difficult time
with the State trying to identify vacation rentals. He noted that Tess than 10 are identified
throughout the County.
Todd Peetz, City Planner, advised that City Council passed the 1st reading of a
moratorium ordinance. He advised that the moratorium would delay new applications.
He explained that the proposed moratorium would be for 90 days, with a 60 day
extension if needed. He advised that over 300 parcels have granted special exceptions
for residential use in the commercial zoning district, and identified some of them from a
City zoning map. Bennett Boucher, City Manager, added that City Council was looking
at preserving commercial areas on A1A, and properties along A1A would be the only
properties affected.
There being no further business for the Board to consider the meeting was adjourned at
8:35 p.m.
��epC`sX Illl1Il.•'w�a
Susan L. rnarr,-Secr-tary
Bea McNeely, Chairpersork
Board of Adjustment
Meeting Minutes
October 27, 2005
Page 2
3. Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer &
Wine at (7802 N. Atlantic Avenue - LaFiesta Restaurant), Section 23, Township
24 South, Ranqe 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea
Subdivision - Alice Fusillo, Petitioner.
Alice Fusillo, Petitioner, testified that the restaurant opened on September 1, 2005; this
was a family restaurant; and she was requesting a special exception to serve beer and
wine to her patrons to enhance her business. Paula Collins, stated that the previous
restaurant had a beer and wine license, which set precedent for the location. Todd
Peetz, City Planner, advised that the previous special exception had expired. He
verified that the request meets all applicable City requirements.
Motion by Paula Collins, seconded by Connie McKone, to grant Special Exception
Request No. 05-09. Vote on the motion carried unanimously.
4. Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1
Zoning District, (Property is Located Just North of Residence Inn and South of
Country Inn), Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0
- William Stephenson, Petitioner.
William Stephenson, Petitioner, testified that this request was for a vehicle rental facility;
the property would share access with the Residence Inn and the parcel immediately to
the South; the property was slightly over one acre; and the use would be an asset to the
community.
Todd Peetz, City Planner, verified that all applicable City codes have been met with this
request.
Motion by Connie McKone, seconded by Paula Collins to grant Special Exception
Request No. 05-10. Vote on the motion carried unanimously.
5. Election of Chairperson and Vice Chairperson.
Robert Laws announced that he would not accept any nomination for Chairperson.
Paula Collins nominated Connie McKone for Chairperson. Connie McKone accepted
the nomination. Vote on the nomination carried unanimously.
Robert Laws nominated Paula Collins for Vice Chairperson. Paula Collins accepted the
nomination. Vote on the nomination carried unanimously.
There being no further business the meeting was adjourned at 6:57 p.m.
Approved this ficday of ----ds-ta, , 2005.
Constance B. McKone, Chairperson
Susan L. apman, Boar• Secretary
William H. Stephenson, P.E.
2540 Fairfield Drive
Cocoa, FL 32926
RE:
City of Cape Canaveral
November 7, 2005
Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1
Zoning District, (Property is Located Just North of Residence Inn and South of
Country Inn), Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0
- William Stephenson, Petitioner.
Dear Petitioner(s):
The Board of Adjustment of the City of Cape Canaveral has heard information and
testimony pertaining to your request at the meeting held on the 27th day of October,
2005.
Based on the testimony and information provided, the Board of Adjustment has granted
your request to allow a vehicle rental facility in the C-1 zoning district at the above
referenced location.
As per City Code Section 110-48, Any special exception granted under this chapter shall
expire if the applicant has not obtained a certificate of occupancy or occupational license
as appropriate and utilized the special exception within 12 months of the date of its
issuance; provided, however, the Board of Adjustment may extend this time period by an
additional 12-month period if the applicant can show good cause for the delay. If the
applicant desires an extension, the applicant shall submit its request directly to the
Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a
special exception shall expire and become null and void if the use granted thereunder is
abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used
herein, abandoned shall mean that the applicant has gone out of business, let all
business licenses lapse or has otherwise changed the use of the property in
conformance with the Code of Ordinances. Once a special exception has lapsed due to
abandonment, the applicant must resubmit its special exception request pursuant to
Section 110-46. Should there be a violation to any part of this approval the special
exception is subject to revocation according to the City Code.
Sincerely,
Connie McKone ( i rr Cz>
Chairperson
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
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site plan
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1 A ST(Z 0 rJ,c U t 81.•\JD
Special Exception Work Sheet
For Vehicle Rental Facility in C-1 zoning district.
0.92 Out Parcel at
8959 Astronaut Blvd., Cape Canaveral, FL
http : //www. brevardpropertyapprai ser. com/scripts/esrimap. dl l?nam e=B revard 1 &i d=2005080... 8/4/2005
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION: OUT PARCEL 1
A portion of those lands described in Official Records Book 5288, Poge 2198, of the Public Records of
Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida,
being more particularly described as follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the
Westerly right of way line of State Road A-1-A (a 100.00 foot wide right of way); thence S37'21 ' 10 "E,
along said Westerly right of way line, a distance of 506.75 feet, to the Northeast corner of said lands and
the POINT OF BEGINNING of the herein described parcel; thence continue, S37'21'10 E, along said Westerly
right of way line, a distance of 109.02 feet; thence S52'39'00 W, a distance of 164.62 feet; thence
S79'42'1514', a distance of 54.35 feet; thence N3721'00W, a distance of 249.97 feet, to the North line of
said land; thence S89'28'37"E, along said North line, a distance of 269.86 feet, to the POINT OF
BEGINNING; Containing 0.92 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon
are based on a bearing of S3771'10'E, along Westerly right of way line.
3. • = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
EXHIBIT "A"
SHEET 2 OF 2
LLE.Nngneering, Inc.
SURVEYORS - ENGINEERS
108 DIXIE LANE
COCOA BEACH, FLORIDA 32931
TELEPHONE: (321)783-7443 - FAX: (321)783-5902
NEBSITE: www.alleneng.net - EMAIL: info®alleneng.net
3.
2.
1.
JOB NO. 030025
SURVEYOR'S CERTIFICATION:
l hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
the "Minimum Technical Standards,'" for land surveying in the State of
Florida, described in Chapter 61G17-6, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALL
Not valid without the
signature and the original "' : ER ALMON
raised seal of a Florida Professio al Surveyor & Mapper
licensed surveyor and mapper. Florida Registration No. 4262
DATE: 1-31-05
PREPARED AND CERTIFIED FOR:
A 1A ACQUISITION GROUP. Ltd., L.L.P.
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
OUT PARCEL 1
POINT OF COMMENCEMENT
INTERSECTION OF NORTH LINE OF SOUTH 3316.80 FEET OF SECTION 15
& WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A
N. LINE OF S. 3316.80' OF SECTION- 15
S.89'28'37"1• 269.86'
N. LINE OF OFFICIAL RECORDS BOOK 5288. PAGE 2198
EXHIBIT "A"
SHEET 1 OF 2
LLE
ngineering, Inc.
(--- N.E. CORNER OF OFFICIAL RECORDS BOOK 5288,
PAGE 2198
POINT OF BEGINNING
f)
9-
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SUBJECT PARCEL ,7�y
CONTAINING 0.92 ACRES, MORE OR LESS
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH, FLORIDA 32931
TELEPHONE: (321)783-7443 - FAX: (321)783-5902
WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net
3.
2.
0 15 30 6o
GRAPHIC SCALE
SEE SHEET 2 FOR DESCRIPTION,
SURVEYOR'S CERTIFICATION &t NOTES
1.
DATE: 1-31-05
DRAWN BY: DJG
JOB NO. 030025
SCALE: 1 "=60'
PREPARED AND CERTIFIED FOR:
A 1 A ACQUISITION GROUP. Ltd., L.L.P.
§ 110-47
CAPE CANAVERAL CODE
Adequate and properly located utilities
are available or may be reasonably pro-
vided to serve the proposed development.
Adequate screening and/or buffering will
be provided to protect and provide com-
patibility with adjoining properties.
Signs, if any, and proposed exterior light-
ing will be so designed and arranged so as
to promote traffic safety and to eliminate
or minimize any undue glare, incompati-
bility or disharmony with adjoining prop-
erties.
Refuse and service areas, with particular
reference to the items in subsections (a)(1)
and (a)(2) of this section.
Required setback and other open space.
Height.
Landscaping.
Renewal and/or termination dates.
That the use will be reasonably compati-
ble with surrounding uses in its function,
its hours of operation, the type and amount
of traffic to be generated, the building size
and setbacks, its relationship to land val-
ues and other facts that may be used to
measure compatibility.
(b) In granting any special exception, the board
of adjustment may prescribe appropriate condi-
tions and safeguards in conforming with this
chapter. Violation of such conditions and safe-
guards, when made a part of the terms under
which the special exception is granted, shall be
deemed to be a violation of this chapter and
punishable as provided by this chapter.
(Code 1981, § 645.23; Ord. No. 43-93, § 1, 12-7-93)
Sec. 110-48. Expiration.
Any special exception granted under this chap-
ter shall expire if the applicant has not obtained a
certificate of occupancy or occupational license as
appropriate and utilized the special exception
within 12 months of the date of its issuance;
provided, however, the board of adjustment may
extend this time period by an additional 12-
month period if the applicant can show good cause
for the delay. If the applicant desires an exten-
sion, the applicant shall submit its request di-
rectly to the board of adjustment prior to the
expiration of the first 12-month period. Addition-
ally, a special exception shall expire and become
null and void if the use granted thereunder is
abandoned or otherwise ceases to exist or a period
of 18 consecutive months. As used herein, aban-
doned shall mean that the applicant has gone out
of business, let all business licenses lapse or has
otherwise changed the use of the property in
conformance with the Code of Ordinances of Cape
Canaveral, Florida. Once a special exception has
lapsed due to abandonment, the applicant must
resubmit its special exception request pursuant to
section 110-46 of the Code of Ordinances of Cape
Canaveral, Florida.
(Ord. No. 5-96, § 1, 6-4-96)
Secs. 110-49-110-60. Reserved.
DIVISION 3. VARIANCES
Sec. 110-61. Variance.
Variance from this chapter shall be obtained
only through action of the board of adjustment.
The specific terms of each variance are binding
and may not be changed, except by a new vari-
ance or by reversion to conformity with this
chapter.
(Code 1981, § 643.13)
Sec. 110-62. Applications; procedures.
(a) The board of adjustment shall authorize
upon appeal in specific cases such variance from
this chapter as will not be contrary to the public
interest, when owing to special conditions a lit-
eral enforcement of this chapter would result in
unnecessary hardship. A variance from this chap-
ter shall not be granted by the board of adjust-
ment, except according to the following:
(1) A written application for a variance is
submitted demonstrating that:
a. Special conditions and circumstances
exist which are peculiar to the land,
structure or building involved and
which are not applicable to other
lands, buildings or structures in the
same district.
Supp. No. 11 CD110:18
View Legal Ad# 774380
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Page 1 of 1
AD#: 774380
Publication: Florida Today
First Published: 09-15-2006
AD#774380 15,2 6
Notice of Pub Hearing
The Board of Adjustment, City of Cape
Canaveral, Florida, will hold a Public Hearing
for the purpose of considering a Time Extension
Request for a Granted Special Exception at the
City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida, on Monday, September 25,
2006 at 7:30 P.M.
Time Extension Request for Special Exception
Request No. 05-10 to Allow a Vehicle Rental
Facility in the C-1 Zoning District, Section 15,
Township 24 South, Range 37 East, Part of
Parcel 25.0 - (Property is Located Just North of
Residence Inn and South of Country Inn) -
Messer Construction Corp., James Messer,
President.
Interested parties are invited to attend this
meeting and be heard. If any person decides to
appeal any decision made by the Board of
Adjustment with respect to any matter
considered at this meeting, he/she will need a
record of the proceedings, and for such
purpose he/she may need to ensure that a
verbatim record of the proceedings is made.
Susan L. Chapman
Secretary to the Board of Adjustment
If you should have any questions regarding the
above ad, please contact the Building
Department at (321) 868-1222.
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http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=23733 9/18/2006
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SUITE 200
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' McClosky JOHNATHAN.FERGUSON@RUDEN.COM
September 15, 2006
U.S. Mail - Certified Return Receipt
Earl McMillin, Chairperson
Board of Adjustment
City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, FL 32920
Re: Special Exception Request No. 05 -13
Dear Chairperson McMillin:
On November 17, 2005 the City of Cape Canaveral Board of Adjustment ( "Board of
Adjustment ") approved Special Exception Request No. 05 -13 to allow residential use in the
commercial zoning district at 8705 N. Atlantic Avenue ( "Special Exception ")(Section 14,
Township 24 South, Range 37 East, Parcels 28, D.01, D.03 and C.01, Teutons Subdivision). A
copy of the Board of Adjustment's notice approving the request is attached for your information.
The Special Exception request was submitted by Seaboard Constructors, LLC ( "Seaboard ") who,
at the time, had a contract to purchase the property from the owners Mr. and Mrs. Howard
Gould. Seaboard did not close on the property and no longer has the property under contract.
This is a request by the owner of the property, Mrs. Betty T. Gould, for a one year
extension of the Special Exception pursuant to the provisions of City of Cape Canaveral Code of
Ordinances ( "Code ") Section 110 -32, which provides that "[u]pon written request of the property
owner, the board of adjustment may extend the expiration date, without public hearing, by an
additional 12 -month period, provided the property owner demonstrates good cause for the
extension. Such request shall be submitted to the board of adjustment prior to the expiration of
the first 12 -month period." Please accept this letter as Mrs. Gould's written request to the Board
of Adjustment for a one year extension of the Special Exception. In support of this request Mrs.
Gould offers the following information to demonstrate good cause.
As noted above, the original special exception request was submitted by a contract
purchaser, Seaboard. The contract closing was to take place in January or February, 2006.
However, Seaboard did not close on the property, the contract was terminated and Seaboard no
PSL:27084:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
Letter to Earl McMillin, Chairperson
September 15, 2006
Page 2
longer has any interest in the property. Tragically, about the same time the contract with
Seaboard was terminated, Mr. Gould became unexpectedly ill and, after a short illness, passed
away in February 2006. Understandably Mrs. Gould's immediate focus after Mr. Gould's death
was on administering estate matters and managing their business interests, which included
running Oak Manor Mobile Home Park, the property subject to the Special Exception. It is only
recently that she has been able to renew her efforts to find a buyer for the property who would be
able to pursue the residential development of the property.
At the time the Special Exception was approved there was general agreement by all
parties that residential development on this property was appropriate. Nothing has occurred in
the last ten months to change that opinion. Mrs. Gould is entertaining inquiries by potential
developers and it is helpful in the softening real estate market that she be able to represent that
one step in the development review process has been completed which will save prospective
purchasers time and energy. As the Board of Adjustment knows, the Special Exception only
allows residential development on the property it does not permit a specific development plan.
The City will have ample opportunity to review and permit whatever development is proposed
for the property.
Therefore, based on the above demonstration of good cause, Mrs. Betty T. Gould
respectfully requests that the Board of Adjustment grant her written request for a one year
extension of Special Exception No. 05 -13 so that its terms and conditions shall remain in effect
until November 17, 2007. Furthermore, we respectfully request that this request be scheduled
for the Board of Adjustment's consideration at the next scheduled meeting of the Board of
Adjustment. If you have any questions or need any further information, please contact me
immediately. Thank you for your attention to this matter.
Sincerely,
ohnathan A. Ferguson
Attorney and Agent for s. Betty T. Gould
Enc.
cc: Mayor Rocky Randels
Mayor Pro Tem, Robert Hoog
Bennet Boucher, City Manager
Susan Stills, City Clerk
Todd Morley, Building Official
Todd Peetz, City Planner
Mrs. Betty T. Gould
PSL:27084:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS • FT. 1 Al IDFRDAI F • MIAMI • NAPI FS • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
54 ACE A DO
i op City of Cape Canaveral
November 17, 2005
Seaboard Constructors, LLC FILE C oP'
Attn: Ken Welsh
3415 Shady Run Road
Melboume, FL 32934
RE: Special Exception Request No. 05 -13 to Allow Residential Use in the Commercial
Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range
37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey,
Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould,
Petitioners.
Dear Petitioner(s):
The Board of Adjustment of the City of Cape Canaveral has heard information and
testimony pertaining to your request at the meeting held on the 14th day of November,
2005.
Based on the testimony and information provided, the Board of Adjustment has granted
your request to allow residential use in the C-1 zoning district at the above referenced
location.
As per City Code Section 110 -48, Any special exception granted under this chapter shall
expire if the applicant has not obtained a certificate of occupancy or occupational license as
appropriate and utilized the special exception within 12 months of the date of its issuance;
provided, however, the Board of Adjustment may extend this time period by an additional
12 -month period if the applicant can show good cause for the delay. If the applicant desires
an extension, the applicant shall submit its request directly to the Board of Adjustment prior
to the expiration of the first 12 -month period. Additionally, a special exception shall expire
and become null and void if the use granted thereunder is abandoned or otherwise ceases to
exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the
applicant has gone out of business, let all business licenses lapse or has otherwise changed
the use of the property in conformance with the Code of Ordinances. Once a special
exception has lapsed due to abandonment, the applicant must resubmit its special exception
request pursuant to Section 110 -46. Should there be a violation to any part of this approval
the special exception is subject to revocation according to the City Code.
S erely, j
7)7d/ --
Constance B. McKone
Chairperson
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326
Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247
www.myflorida.com /cape • email: ccapecanaveral @cfl.rr.com