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HomeMy WebLinkAboutMinutes 06-13-1994CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENTS 11 IIIG 9'2 1 GOA V VL 1V, ./VT A Meeting of the City of Cape Canaveral Zoning Board of Adjustments was held on June 13, 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 Ronnie Farmer Robert Laws Ann Thurm Chairman Alternate Marilyn Rigerman Patrick Lee Vice Chairman OTHERS PRESENT: Kevin Markey James Morgan Susan Chapman Assistant City Attorney Building Official Secretary Motion by Mrs. Thurm, seconded by Mr. Laws to approve the minutes of March 7, 1994 as submitted. Motion carried unanimously. Mr. Lloyd proposed to deviate from the agenda to discuss the new Code of Ordinances and new forms of procedures prepared by Mr. Markey. Motion by Mr. Laws, seconded by Mrs. Thurm to add a discussion item onto the agenda. Motion carried unanimously. Chairman Russell inquired if there were any changes to the code since the date the requests before them were submitted other than the section numbers being changed. Mr. Markey advised that since the applications before them were processed with the old code section references, prior to adoption of the new code, he suggested that the old code books be used for these requests. Mr. Markey updated the Board members on the new forms to be used by the Board when granting or denying requests which included Findings of fact, Conclusion of Law and Board Order. ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 13, 1994 PAGE 2 Chairman Lloyd advised that four members must vote in favor of a special exception request in order for it to be granted. Discussion followed. Mr. Lloyd poled the petitioners. All the petitioners agreed to have their cases heard at this meeting. NEW BUSINESS 1. Special Exception Request No. 94 -04 to Add Storage and Display Area for Re- Sale of Beverages, Parcel 254, Section 23 Township 24 South Range 37 East, (Spike's Liquors, Church Street Center, 8177 N Atlantic Avenue) - Petitioner is Lawrence W. Schryer for William C. Pritchett Owner. Mr. Schryer explained that the additional space was needed for storage and expanded display area. Discussion followed. It was the consensus of the Board to enter into the record, the following Order, Findings of Fact and Conclusion of Law on Special Exception Request No. 94 -04 as follows: Findings of Fact Mr. Lawrence W. Schryer is the designated agent for the owner of the real property described in the Petition. The property is located in the C -1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception is consistent with the goals, objectives and policies of the Comprehensive plan; is consistent with the intent of the C -1 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed for a principal use permitted in the C -1 zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. Conclusion of Law That the Zoning Board of Adjustment has lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 637.51, Paragraph H of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 13, 1994 PAGE 3 Order Mr. Lawrence W. Schryer is granted the special exception subject to all applicable limitations, restrictions and conditions including the following special condition(s): None. Said special exception shall run concurrently with the property identified in (Exhibit A) as shown within the Petition. Should there be a violation to any part of this Order, the Special Exception may be revoked in accordance with applicable laws and the City Code. Motion by Mr. Laws, seconded by Mrs. Thurm to approve Special Exception Request No. 94 -04 as stated. Motion carried with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Mr. Lloyd, for; Mrs. Thurm, for. 2. Special Exception Request No. 94 -05 to Allow a Residential Structure in a C -1 Zone, Lot 14, Block 41, Avon by the Sea Subdivision Section 23 TownshiD 24 South, Range 37 East. (160 Polk Avenue) - Petitioners were Mark and Laurie Nelson, Owners. Mrs. Nelson explained that she was requesting residential use in a C -1 zone to construct a single family or duplex. Discussion was held regarding the easement on the east side of the property. It was the consensus of the Board to enter into the record, the following Order, Findings of Fact and Conclusion of Law on Special Exception Request No. 94 -05 as follows: Findings of Fact Mark and Laurie Nelson are the owners of the real property described in the Petitioner. The property is located in the C -1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception is consistent with the goals, objectives and policies of the Comprehensive plan; is consistent with the intent of the C -1 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed for a principal use permitted in the C -1 zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. Conclusion of Law That the Zoning Board of Adjustment has lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 637.51, Paragraph L of the Cape Canaveral Code of Ordinances. The petitioners have met the minimum ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 13, 1994 PAGE 4 requirements for the requested special exception and have demonstrated entitlement to the special exception which will not adversely affect the public interest. Order Mark and Laurie Nelson are granted the special exception subject to all applicable limitations, restrictions and conditions including the following special condition(s): None. Said special exception shall run concurrently with the property identified in (Exhibit A) as shown within the Petition. Should there be a violation to any part of this Order, the Special Exception may be revoked in accordance with applicable laws and the City Code. Motion by Mrs. Thurm, seconded by Mr. Laws to approve Special Exception Request No. 94 -05 as stated. Motion carried with members voting as follows: Mr. Farmer, Mr. Laws, Mr. Lloyd, for, Mrs. Thurm, for. 3. Special Exception Request No. 94 -06 to Allow a Two -Unit Townhouse in a C -1 Zone, Lot 15, Park Villas Subdivision, Sections 14 & 23, Township 24 South Range 37 East, (Corner of N. Atlantic and Washington Avenues) - Petitioner is Thomas H. Quinn for Q & W Construction Inc. Owner. Mr. Quinn explained that this request was to construct a two -unit townhouse which would be a continuation of the existing 14 unit townhouse project fronting Washington Avenue (Park Villas).. Mr. Quinn agreed to forego the existing granted special exception for storage garages if this special exception was granted. He advised that the site plan for the storage garages did not work out. It was the consensus of the Board to enter into the record, the following Order, Findings of Fact and Conclusion of Law on Special Exception Request No. 94 -06 as follows: Findings of Fact Mr. Thomas H. Quinn is the owner of the real property described in the Petition. The property is located in the C -1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception is consistent with the goals, objectives and policies of the Comprehensive plan; is consistent with the intent of the C -1 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the ZONING BOARD OF ADJUSTMENT MEETING MINUTES JUNE 13, 1994 PAGE 5 property been developed for a principal use permitted in the C -1 zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. Conclusion of Law That the Zoning Board of Adjustments has lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 637.51, Paragraph L of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. Order Mr. Thomas H. Quinn is granted the special exception subject to all applicable limitations, restrictions and conditions including the following special condition(s): None. Said special exception shall run concurrently with the property identified in (Exhibit A) as shown within the Petition. Should there be a violation to any part of this Order, the Special Exception may be revoked in accordance with applicable laws and the City Code. Motion by Mrs. Thurm, seconded by Mr. Farmed to grant Special Exception Request No. 94 -06 as stated. Motion carried with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Mr. Lloyd, for; Mrs. Thurm, for. DISCUSSION Discussion was held regarding special exceptions being consistent with the Comprehensive Plan. There being no further business the meeting was adjourned at 8:20 P.M. Approved this Z 5"OO ' day of -L- L-1 1994. Chairman Secretary