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HomeMy WebLinkAboutMinutes 11-18-1991CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT NOVEMBER 18, 1991 A Meeting of the City of Cape Canaveral Zoning Board of Adjustment was held on November 18, 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 Rigerman Robert Laws Ronnie Farmer Patrick Lee John Rutte MEMBERS ABSENT: Robert Hoog OTHERS PRESENT: Edward Spenik James Moraan Thomas Kleving Evelyn Hutcherson Dwight Severs Susan Nelson Chairman Vice Chairman Alternate Alternate City Manager Buildina Official Building Inspector Code Enforcement Officer Attorney Representing the City Secretary Ms. Rigerman moved to approve the minutes of October 21, 1991 as submitted. Mr. Laws seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Administrativ Appeal Request No. 91 -4 o Bu ilding Official's Decision Regarding Denial of Building Permit Application to Re pair Fire Damacte, Sec. 23, Twp. 245, Rae. 37E, Lot 1, B lock 72, Avon -by- the -Sea, (6920 Ridgewood Ave - Nat Mutual Fire Insurance Company for John and Ivy Bolanowski Chairman Lloyd advised that this meeting was a continuation of this request from the meeting held on August 5. 1991. Since Mr. Lee had been absent from the previous meetings that this request had been considered, Attorney Severs asked Mr. Lee if he had an opportunity to review the entire case file. Mr. Lee answered that he had read some of the case file. Attorney Severs inquired if the Board members, the City, or the Applicant had an objection to Mr. Lee voting on this case. There was no objection. Chairman Lloyd reviewed the status of the request to the Board. He advised that no request had been made to the City for the Board to consider a Variance as previously discussed at a prior meeting. He advised that the Board would only be considering the request for an Administrative Appeal. Zoning Board of Adiustment November 18, 1991 Page 1 of 3 Attorney Fannin, representing Nationwide Mutual Fire Insurance Company, stated that Nationwide had tried to negotiate and mediate a settlement. He stated that Nationwide had no further exhibits or testimony and respectively requested that since no settlement had been reached, that the Board rule on this request. Walter Bowman. P.E. and the Bolanowski's Engineer, stated that a settlement had not been reached because Nationwide was not willing to pay the appraised assessment amount estimated to take care of the situation. Attorney Fannin responded and explained that the Bolanowski's had refused to settle throuah mediation. He testified that if a new house was required, then Nationwide was prepared to rebuild the Bolanowski's a new house. Evelyn Hutcherson, Code Enforcement Officer and representative for the City, advised that the prime concern of the City was to have this matter resolved so that the City could decide whether or not the structure should be removed and the problem eliminated. Chairman Lloyd read a memorandum from Lamar Russell, Chairman of the Planning & Zoning Board, dated July 25, 1991, which explained that it was the Planning & Zoning Board's intent of Section 643.05(b) of the Cape Canaveral Zoning Regulations, that if a structure was destroyed more than 50% percent of its fair market value, at the time of destruction, then it shall not be rebuilt except according to present codes. Mr. Lee advised that the verbiage of that Section had been placed so that undesirable non- conformina structures such as mobile homes in residential areas could be removed in the future. Discussion followed. Attorney Severs respectively requested that the Board members allow him to assist them in regards to the Findings Of Facts that would embody their ultimate decision on this request. He referred the Board members to a letter he had written to them which had addressed Sections 635.01 and 641.05 of the Cape Canaveral Zoning Regulations. Discussion was held regarding motion procedures. Attorney Severs read to the Board members a list of the Findings Of Facts that he had prepared which in his opinion, were appropriate for withholding the Board's decision should the Board deny the Administrative Appeal Request. Mr. Severs advised that he also had prepared a list of Findings Of Facts should the Board decide to grant the Administrative Appeal Request. Discussion followed. He further advised that one of the criteria's that the Board should consider when making_ their final decision, was that the Board should construe the City Ordinances and Regulations to carry -out their intent and purpose in which they were enacted. Discussion followed. Ms. Rigerman concurred with Mr. Severs Findings Of Facts which were previously read. Ms. Rigerman moved that Request for Administrative Appeal No. 91 -4 be denied. Mr. Lee seconded the motion. Discussion followed. Vote on the Motion was as follows: in favor, Mr. Farmer, Mr. Lloyd, Mr. Lee and Ms. Rigerman; opposed, Mr. Laws. Motion carried. Attorney Severs advised that he would prepare the Findings Of Facts of the Board's final decision for the Board to review and comment at the next scheduled meeting. Zoning Board of Adjustment November 18, 1991 Page 2 of 3 NEW BUSINESS 1. Election of Officers Mr. Laws nominated Mr. Lloyd as Chairman. Mr. Farmer seconded the nominatlon. ''notion carried unanimously. Mr. Laws nominated Ms. Rigerman as Vice Chairman. Mr. Lee seconded the motion. Motion carried unanimously. There being no further business the meeting was adjourned at 8:30 P.M. Approved this day of 1991. Chairman Secretary Zoning Board of Adjustment November 18, 1991 Page 3 of 3