HomeMy WebLinkAboutMinutes 04-16-1990CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENT
APRIL 16, 1990
A Meetina of the Citv of Cape Canaveral Zoning Board of
Adjustment was held on April 16, 1990 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
Nellie Cardinale
Ronnie Farmer
Chairman
Vice Chairman
MEMBERS ABSENT:
Pat Lee
1st Alternate
OTHERS PRESENT:
Leo Nicholas
Ann Thurm
Rocky Randels
Kohn Bennett
Jim Morgan
Susan Nelson
City Manager
Council Member
Council Member
Deputy City Attorney
Building Official
Secretary
Mrs. Riaerman moved to approve the minutes of March 26, 1990 as
submitted. Mr. Laws seconded the motion. Motion carried
unanimously.
NEW BUSINESS
Reauest No 89 -7 Special Exception - - - to - Cons truct_ Town homes in
a C -1 Zone Parcel 547.1, Section 14, Township 24S, Range
37E,_(West of Ocean Woods)_. Petitioner was James _
Zella Inc. (Tabled October 30, 1989)_
--
Chairman Lloyd summarized that this special exception request was
brought before the Board on October 30, 1989 at which time the
City Attorney advised the Board of a stipulation in the Statement
of Justification for the property of Puerto Del Sol (name
formerly used by Ocean Woods). City Attorney Bennett advised
that several events had taken place since October 30, 1989, but
the legal stance had not changed.
Mr. Scott, representative for the petitioner, requested that the
Board take action on the request. Mr. Scott contended that the
special exception was appropriate and noted that the property
�oca�n?� lately adTa�en�t - o��is proper y " oras zone Cr1 anc�
received special exception to build residential. Mr. Scott
-- voiced the opinion that the Board should not -take the Statement - - - of Justification into consideration on the request because it was
. B en t s - fated — t hat th
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record. Discussion followed.
Chairman Lloyd opened the floor for discussion. Mr. Ernest
Araujo, Mr. Ronald Ostgroff, Mr. John Thomas and Mr. Jeff Allen,
owners of adjacent and neighboring property, expressed that the
property was not suitable for commercial development due to the
property location and spoke in favor of granting the Special
Exception.
Zoning Board of Ad;
April 16, 1990
Page 1 of 2
Mr. Hahn, President of Ocean Woods Condominium Association, and
Board member Mr. George te Hutchinson, voiced concern of traffic
impact through Ocean Woods if the property was developed
commercially and spoke in favor of a residential establishment.
Mrs. Mary Winchester, resident of Ocean Woods, spoke against
granting the Special Exception.
Discussion was held on the density calculations. Attorney
Bennett advised that this case was challenged in court and that
the developers were successful in obtaining a RPUD. He further
noted that the court or stated that the developers must
develop according to the Statement of Justification. Attorney
Bennett advised that the court remanded the case back to the City
on two issues and density was not one of them. Discussion
followed.
At this time, Chairman Lloyd announced that he was an owner at
Ocean Woods and therefore, would abstain from voting. He
advised that four members must vote in favor of a special
exception in order for it to be aranted.
Mrs. Rigerman moved that Special Exception Request No. 89-7 be
denied due to the fact that the Statement of Justification of
Puerto Del Sol states that the property is zoned C-1 and will be
developed for commercial use only and not multiple family
residential. Mrs. Cardinale seconded the motion.
Vote on the motion was unanirious with Mr. Lloyd abstaining.
Request No. 89-7 was denied.
There being no further business the meeting was recessed at 8:15
P.M.
Approved this day of 1 4
14-- r , 1990.
Chairman
Secretary
Zonina Board of Adjustment
April 16, 1990
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