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HomeMy WebLinkAboutMinutes 03-07-1994CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENTS MARCH +•. A Meeting of the City of Cape Canaveral Zoning Board of Adjustments was held on March 7, 1994, 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 Ronnie Farmer Robert Laws Ann Thurm MEMBERS ABSENT: Patrick Lee OTHERS PRESENT: Rocky Randels Gregory Popp James Morgan Susan Chapman Chairman Vice Chairman 2nd Alternate City Councilman Assistant City Attorney Building Official Secretary Motion by Mr. Laws, seconded by Ms. Rigerman to approve the minutes of November 8, 1993 as submitted. Motion carried unanimously. NEW BUSINESS 1. Special Exception Request No. 93 -06 to Allow a Second Earth Station Antenna Section 15, Township 24 South, Range 37 East, Radisson Resort, (8701 Astronaut Boulevard) - Petitioner was Morric C. Nelson Jr., Designated Agent for Robert A. Baugher, President Mr. Nelson explained that the Radisson Resort was in need of a second antenna to receive NASA select channels to accommodate the needs of clientele from various aerospace industries who utilized the resort as guests, banquets, meetings, and presentations. ' The Board members reviewed and discussed Section 641.61, Paragraph (1), Earth Station Antenna Regulations. Chairman Lloyd questioned why the request was being considered a special exception rather than a variance. ZONING BOARD OF ADJUSTMENT MEETING MINUTES MARCH 7, 1994 PAGE 2 Attorney Popp pointed out that it was in the Boards' purview to grant special exceptions for radio and television studios, broadcasting towers and antennas as per Section 637.51, Paragraph (D), C -1 Special Exceptions Permissible by Board of Adjustment. Vice Chairman Rigerman questioned why Section 637.51, (D) was not specified as part of the request. She advised that the code Section that was part of the request (Section 641.61) did not read to allow the Board of Adjustment to grant a special exception. Mr. Morris stated that he was not aware of another City code that would apply to his special exception request. Chairman Lloyd stated that it was his belief that the Board was not authorized to grant a special exception that deviated from a specific ordinance provision. Mr. Laws voiced his opinion that the ordinance should be changed to allow more than one earth station antenna on any one parcel in specific zoning classification with a special exception. Discussion continued. Mr. Morris advised that the antenna would be located on the roof of the same building as the existing antenna for aesthetic reasons. Discussion was held regarding whether or not a second earth station antenna could be allowed on a separate parcel at the Radisson even though the property owner was the same. Attorney Popp suggested to Mr. Morris that he ask the Board to grant tabling his request to allow him time to reconsider the request or consider withdrawing the request due to the comments made by the Board members which did not support his request. Discussion followed. The Board concluded to suggest that Mr. Randels ask the City Council to consider amending the existing ordinance to allow more than one earth station antenna on a parcel of property with a special exception in C -1 and M -1 zones. Motion by Ms. Thurm, seconded by Mr. Laws to table Special Exception Request No. 93 -06 indefinitely. Motion carried with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Mr. Lloyd, for, Ms. Rigerman, for; Ms. Thurm, for. DISCUSSION 1. Drafts of Application for Variance. Special Exception and Worksheet for Special Exception Attorney Popp conveyed to the Board that Mr. Markey had suggested this discussion item be deferred until Mr. Markey is present. The Board members concurred. There being no further business the meeting was adjourned at 8:05 P.M. ZONING BOARD OF ADJUSTMENT MEETING MINUTES MARCH 7, 1994 PAGE 3 Approved this /3 day of A L , 1994. Chairman - i��LCLaVQW) Secretary