HomeMy WebLinkAboutMinutes 02-10-1992CITY OF CAPE CANAVERAL
ZONING BOARD OF ADJUSTMENT
FEBRUARY 10, 1992
A Meeting of the City of Cape Canaveral Zoning Board of Adjustment
was held on February 10, 1992 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
Robert Hooa
MEMBERS ABSENT:
John Rutte
OTHERS PRESENT:
Chairman
Vice Chairman
Alternate
Alternate
James Morgan
James Woodman
Susan Nelson
Building Official
City Attorney
Secretary
Ms. Rigerman moved to approve the minutes of December 9. 1991 as
written. Mr. Lee seconded the motion. Motion carried unanimously.
NEW B
1. Variance_ No. 91 =5 _to Allow a Swimming Pool . and_ Screen
Enclosure to E ncroa ch into the Requir_ed_Setbacks in aR -3_
Z_o Lo t 2 , Blo 30. Sectio 23, Towns 24 South, 37
Eas Monic I Subdiv (Located at 6 Monroe A venue)
- O. Scott McC Owner
Mr. Morgan, Building Official, advised that the required setback on
Ridgewood Avenue was 25 feet. Mr. Morgan outlined the sequence of
events that lead to the necessity for a variance to allow the
screen enclosure and swimming pool'to encroach into the setbacks.
Mr. Morgan noted that it was not normal practice for the Building
Inspector to measure setbacks during an inspection. He advised
that the swimmina pool encroached into Ridgewood Avenue and that
the screen enclosure encroached into both Ridgewood Avenue and the
rear setback.
The Board members reviewed and discussed the contents of their
packets. Mr. Hoog pointed -out that the permit for the screen
enclosure clearly stated that the structure shall not encroach into
the required 25 ft. setback. The Board members reviewed and
discussed the survey which had been submitted with the screen
enclosure permit application. Ms. Rigerman advised that the
placement of the swimming pool and screen enclosure were clearly
indicated on the submitted survey which showed that the screen
enclosure was flush with the building. Discussion continued.
Mr. McCauley, property owner, showed the original construction
plans to the Board members. The Board members also reviewed
photographs of the structures that were submitted by Mr. McCauley
at a Plannina & Zoning Board meeting entered as Exhibit 1.
Zoning Board of Adjustment
February 10, 1992
Paae 1 of 2
Mr. McCauley stated that he was not aware that the structures had
encroached into the required setbacks until after they were
completed. He voiced the opinion that the swimming pool encroached
approximately six inches and the screen enclosure encroached
approximately four feet into the required setback on Ridgewood
Avenue. He advised that his original hired pool contractor had
been fired because he went out of business.
Mr. Laws voiced the opinion that if a hardship did exist, it was
created by the owner since it was the owner's responsibility to
comply with City regulations. Chairman Lloyd and Mr. Hoog agreed.
Discussion followed.
City Attorney Woodman read portions of Section 645.25, Variances:
Conditions Governing Applications; Procedures. Discussion
followed.
Chairman Lloyd requested that the applicant provide the Board with
a final survey prior to the next meeting; prepare to make
suggestions to modify the structures at the next meeting; and to
comply with Section 645.25.(A)(1 -4) of the Cape Canaveral Zoning
Regulations.
Mr. Laws moved to table Request No. 91 -5 until more information was
provided by the applicant as requested by Chairman Lloyd. Ms.
Rigerman seconded the motion. Vote on the motion was as follows:
in favor, Mr. Farmer, Mr. Laws, Mr. Lloyd and Ms. Rigerman;
opposed, Mr. Lee. Motion carried. Discussion followed.
There being no further business the meeting was adjourned at 9:00
P.M.
Approved this _ 50 1 -1 1 — day of //lAl2 -- ' ___ 1992.
Chairman
Secretary
Zoning Board of Adjustment
February 10, 1992
Pace 2 of 2