HomeMy WebLinkAboutMinutes 02-25-1991CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENT
FEBRUARY 25, 1991
A Meet of the City of Cane Canaveral 7 nninrr RnAr of AHin-,i - ment
was held on February 25. 1991. at the City Hall Annex, 111 Polk
Avenue, Cape Canaveral, Florida. Chairman Lloyd called the meeting
to order at 7 :30 P.M.
The Secretary called the roll.
MEMBERS PRESENT:
Russell Lloyd Chairman
Marilyn Riqerman Vice Chairman
Robert Laws
Patrick Lee
John Rutte Alternate
MEMBERS ABSENT:
Ronnie Farmer
Robert Hooa Alternate
OTHERS PRESENT:
Kohn Bennett Deputy City Attorney
Thomas Klevina Building Inspector
Susan Nelson Secretary
Ms. Riqerman moved to approve the minutes of November 12, 1990 as
submitted. Mr. Laws seconded the motion. Motion carried
unanimously.
NEW BUSI
1. Variance . _ Request No. 91,- 1toConstruct C anop�r O ver Existing
Dispensin_a Islands (Hlahway Oil_,___ Inc_._,_80 Blvd.
Parcel 25 Sec, ..23,__Twp.24S. R ----- S. _ - -
Plat s Press dEnt
Mr. Tate, representative for Highway Oil, Inc., explained that the
canopy and islands were removed in order to remove and replace the
underaround tanks because the tanks did not comply with EPA State
codes. He pointed out that other stations in the General area had
canopies that did not meet the current setback requirements and
that the closest portion of the new canopy would be approximately
13 feet into the setback. He voiced his concern that if the
variance request was not aranted, it would impose a hardship to the
business because of inconvenience to customers due to undesirable
lighting and bad weather.
Mr. Lee moved to approve Variance Request No. 91-1, for Highway
Oil, Inc., since a canopy had previously existed and that the
canopy was removed because the underaround tanks did not comply
with EPA State codes. Mr. Laws seconded the motion for the purpose
of discussion. Discussion was held reaardina the setback
requirements and the dimensions of the new canopy. The Board
members reviewed photos and a drawing of the new canopy.
Discussion continued.
Chairman Lloyd requested a legal opinion from the City Attorney
reaardina arantina a variance to expand a non - conforming structure.
Attorney Bennett explained that no existina structures were beina
increased. Chairman Lloyd noted that the pumps were a non -
conforming use.
Zoning Board of Adjustment
February 25, 1991
Page 1 of 2
Attorney Bennett voiced his concern that one previously non -
conforming pumping island had been removed and replaced with two
that were permitted by the City this in his opinion, increased the
non- conformina use. He cautioned that when a variance of any kind
was granted, a non- c_onformina use would be increased. He further
,t ed that i f thi st nted the B wo uld be
�.. -.,. .. ., ... .., .. �ti. ,.. _. ... ..� reque was �.. a,cu, ��,c it ter. wi, u.iu c
aalowina the placement of a structure to encroach into the
sftbacks. He stated that once someone had abandoned a non-
conforming use it was aone; however. in this case a permit had been
issued. Mr. Moraan reiterated that Hiahway Oil, Inc_., continued
paying utility bills and taxes even when it was closed down by the
State. It was Attorney Bennett's opinion that it would still_ be
considered abandoned. Discussion was held redardina the issuance
of a permit by the City to allow the installation of two pumpina
islands rather than the one that had previously existed. Mr. Tate
explained that the same number of pumps existed and that the two
pumpina islands did not take up any additional space than the one
before. Discussion continued.
Mr. Laws voiced his opinion that the business would suffer because
there would be no shelter from undesirable weather which would
impose a hardship on the business.
Ms. Riaerman pointed out that the new canopy was enlarged in
north /south directions and would not encroach into the setback any
further than the original canopy. It was her opinion that the
structures that previously existed should be allowed to be put back
because of the circumstances. Mr. Lloyd noted that he agreed with
Ms. Riaerman's opinion. Motion carried unanimously.
There beina no further business the meeting was adjourned at 8:10
P.M.
Approved day of 1991.
_
C hairman _^ --
Secretary
Zoning Board of Adjustment
February 25, 1991
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