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HomeMy WebLinkAboutMinutes 07-01-1991CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT JULY 1, 1991 A Meetina of the City of Cape Canaveral Zonina Board of Adjustment was held on July 1, 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 Marilyn Riaerman Robert Laws Ronnie Farmer Robert Hoog John Rutte Chairman Vice Chairman Alternate Alternate MEMBERS ABSENT: Patrick Lee OTHERS PRESENT: Edward Spenik James Morgan Thomas Klevina Evelyn Hutcherson James Woodman Susan Nelson City Manaaer Buildina Official Buildina Inspector Code Enforcement Officer City Attorney Secretary Mr. Laws moved to approve the minutes of June 10, 1991 as written. Ms. Riaerman seconded the motion. Motion carried unanimously. UNFINISHED BUS INES_S 1. Administrative__ Appeal Re_guest No____91 -4 o_nBuilding Decision Regardina Denial of Building Permit ... Application .. __to RepairF ire _ Damage,,. Sec____23,Twp. 24S_Rge. 3 7 E,__ . Lot 1, Block 72, A_v_on B_ he T_ S _ea,.._(6_920RidaewoodAvenue)_ _- Nationwide Mutual _Fire _Insurance Co pan_for _John and Ivy Bolanoas_k_i_ Chairman I,lovd summarized that this case had been tabled at the previous meetina. Mr. Marks, representative for Nationwide Mutual Fire Insurance Company. introduced Mr. John Fannin, Attorney. representina Nationwide Mutual Fire Insurance Company. Attorney Fannin noted that there were actually three attorneys present to represent Nationwide. He introduced Attorney Marks and Attorney Hamilton. He also introduced Mr. Barry who was a representative for Nationwide Mutual Fire Insurance Company. Attorney Fannin asked Chairman Lloyd if the absent Board members would have an opportunity to vote at a later date. Chairman Lloyd explained that four members must vote in favor of a request in order for it to be aranted. He advised that absent members would not have the opportunity to vote at a later date and that the Board was constituted to five reaular members and two alternate members. Attorney Fannin stated for the record that he objected to that procedure. Zonina Board of Adjustment July 1, 1991 Paae 1 of 3 Attorney Fannin summarized that the case had been brought before the Board because of a decision denyina an application of a building permit by Mr. Morgan, Building Official, and explained that Nationwide Mutual Fire Insurance Company was pursuing the Appeal because they were aggrieved by the issuance of that order. Attorney Fannin stated for the record that Mr. and Mrs. Bolanowski were insured by Nationwide Mutual Fire Insurance Company. He advised that to the best of his knowledge, the Bolanowskis would be happy to repair the structure alona the Guidelines of the appraisals by their appraiser and Nationwide's appraiser if that was possible, or do whatever the Board decided. Attorney Fannin submitted a Brief (Exhibit 1) from the Law Office of Fannin & Tyler, P.A.. Attorneys for Nationwide Mutual Fire Insurance Company. Attorney Fannin also submitted John Bolanowski's Sworn Statement Under Oath (Exhibit 2); Ivy Bolanowski's Sworn Statement Under Oath (Exhibit 3); and James Moraan's Sworn Statement Under Oath (Exhibit 4). City Attorney Woodman advised that the Bolanowskis were in attendance should the Board members have any questions for them. He requested that the Board members be furnished copies of the sworn depositions to allow them the opportunity to read them. City Attorney Woodman noted that if the decision was unfavorable to Nationwide Mutual Fire Insurance Company, that they were prepared to proceed to the Circuit Court. Attorney Woodman advised the Board members to read the sworn depositions that Attorney Fannin had submitted before rendering any decisions. Chairman Lloyd advised Attorney Fannin that if he had intended to use the information included in the sworn depositions it would behoove the Board members to review them. Attorney Fannin reiterated that he would make arranaements to have a full set of the exhibits made for each Board member. Attorney Fannin advised that City Attorney Woodman had been representina Mr. and Mrs. Bolanowski individually as their council and that he had been present durina their sworn testimonies and knew what was included in the transcripts. City Attorney Woodman stated that he had informed the Mayor and City Manager regarding this and had inquired if it was a conflict. The Mayor and City Manaaer had decided that if the Bolanowski's took no active role in the Board's determination of the request. it would not be a conflict even though he represented them both individually. It was Mr. Laws opinion that a conflict did exist. Ms. Riaerman voiced her opinion that a conflict did exist and also that the Board was at a disadvantaae since the Board did not have an opportunity to review the exhibits. City Attorney Woodman apologized to the Board members and stepped down from representing the City on this request. Discussion followed. Chairman Lloyd suggested that the sworn depositions be withdrawn as official exhibits since the Board had not reviewed them and that any evidence or statements needed from the Bolanowskis be presented by them personally. Discussion followed. Attorney Fannin inquired if the Board would be relyinq on the City Attorney's recommendations, suggestions, interpretations, and /or advise. City Attorney reiterated that he would not represent the City in this case. Attorney Fannin respectively requested that the Board render a motion to stay the demolition of the subject structure until the Board had an opportunity to consider the evidence of the request. Zoning Board of Adjustment July 1, 1991 Page 2 of 3 Ms. Hutcherson, Code Enforcement Officer, respectfully requested that if the Board rendered a decision to allow Nationwide Mutual Fire Insurance Company time to continue their request at a later date, that the Board instruct them to secure the property so that it was not accessible. Attorney Fannin reiterated that Nationwide would secure the property first thing in the morning and report to the Code Enforcement Officer after the work was completed. Discussion followed. Mr. and Mrs. Bolanowski noted numerous complaints made by adjacent neighbors reaardina people and children breaking in and occupyina the unsafe structure. Mr. Spenik, City Manager, advised that the City would need time to seek another law firm to represent the City on this request. Susan Nelson, Secretary, advised that the earliest possible date for this case to be continued would be on Auaust 5, 1991. Chairman Lloyd advised that this case could be tentatively continued on Auaust 5. 1991 based on the Board members receiving the exhibits in a timely fashion and the City acquirina legal council. Ms. Riaerman moved to continue Request No. 91 -4 on Auaust 5, 1991. Mr. Laws seconded the motion. Motion carried unanimously. There beina no further business the meetina was adjourned at 8:05 P.M. Approved this day of t c S � __— 1991. Secretary i Chairman Zoning Board of Adjustment July 1, 1991 Page 3 of 3