HomeMy WebLinkAboutMinutes 10-21-1991CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENT
OCTOBER 21. 1991
A Meeting of the City of Cape Canaveral Zonina Board of Adjustment
was held on October 21. 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 Riaerman Vice Chairman
Robert Laws
Ronnie Farmer
John Rutte Alternate
MEMBERS ABSENT:
Robert Hooa Alternate
Patrick Lee
OTHERS PRESENT:
James Morgan Building Official
Thomas Klevina Building Inspector
James Woodman City Attorney
Susan Nelson Secretary
Chairman Lloyd amended the minutes on Paae three, Paraaraph two,
to read as follows: The structure encroached approximately four
feet into the east setback line and approximately 23 feet into the
west setback line. Ms. Riaerman moved to approve the minutes of
Auaust 5, 1991 as amended. Mr. Laws seconded the motion. Motion
carried unanimously.
UNFINISHED BUSINESS
1. Discussion Re: History of Zella, Inc.
Mr. Woodman, City Attorney, summarized the history of Zella, Inc.
He explained that the Board of Adjustments had denied the special
exception request based on a particular clause contained in the
Statement of Justification of the Puerto Del Sol lawsuit. Mr.
Woodman reported that Judge Lober had ruled that the special
exception should not have been denied based on that particular
clause; and that the Judge had indicated that townhouses were not
considered multi - family residential. Discussion followed.
Ms. Riaerman stated for the record. that the motion for denial,
made by her, was based solely on a sentence included in the Puerto
Del Sol Statement of Justification which read: "The 3.85 acres
presently zoned C -1 will be developed for commercial uses only."
NEW BUSINESS
1. Special Ex Request No. 89 -9 to Construct_ Single Fam ily
Dwelli in a C -1 Zon e, Se ction 14 , T 24 South _ Range
37 East, Parcel 255, (North West Corner of Harbor Drive and
Sea Shell Lane) - Petitioner was Ernest F. Szapor. Owner
Zoning Board of Adjustment
October 21. 1991
Paae 1 of 2
Mr. Szapor, Owner, explained that he was requesting a special
exception to construct three detached single family homes; on three
subdivided lots; in a subdivision that was mainly detached single
family homes. Discussion followed.
Mr. Rutte moved to approve Special Exception Request No. 89 -9 to
construct single family dwellings in a C -1 Zone. Mr. Farmer
seconded the motion. Motion carried unanimously.
2. Special Exception Request No. 89 -7 to Construct Townhouses in
a C -1 Zone Section 14, Township 24 South, Range 37 Eas
Parcel 547.1, (Located West of Ocean Woods) - Petitioner was
James Murphy, Agent for Zella, Inc.
Chairman Lloyd cautioned that four members must vote in favor of
the special exception in order for it to be granted. He advised
that he was an owner at Ocean Woods and would abstain from voting
if the applicant so desired. Mr. Murphy answered that it made no
difference to him.
The Board members reviewed the special exception request. Mr.
Murphy stated that the special exception application specifically
noted that seven townhomes would be constructed; however, it was
legal and possible that twelve units could be developed.
Discussion followed.
Mr. Murphy submitted a recorded easement for ingress and egress for
Zella, Inc. from Southern Lakes, Inc. The Board members reviewed
the recorded easement. Discussion followed.
Mr. Laws moved to approve Special Exception Request No. 89 -7 to
construct townhomes in a C -1 Zone. Ms. Rigerman seconded the
motion. Vote on the motion was unanimous with Mr. Lloyd
abstaining. Request No. 89 -7 was approved.
There being no further business the meeting was adjourned at 8:10
P.M.
Approved this IP, day of 1991.
Chairman U ,
Secretary
Zoning Board of Adjustment
October 21, 1991
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