HomeMy WebLinkAboutMinutes 05-22-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 22, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 22,
1995, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Thurm called the meeting to order at 7:30 P.M. The City Clerk called the
roll.
MEMBERS PRESENT:
Ann Thurm Chairperson
Ronnie Farmer
Robert Laws
Earl McMillin
Marilyn Rigerman 1 st Alternate
MEMBERS ABSENT:
Joan Calvert Vice Chairperson
OTHERS PRESENT:
Kohn Bennett
City Attorney
James Morgan
Building Official
Thomas Kleving
Building Inspector
Sandra Sims
City Clerk
Motion by Mrs. Rigerman, seconded by Mr. Laws to approve the meeting minutes of
January 23, 1995 as corrected. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 95 -03 to Construct a Public Library Expansion
in an R -2 Zone, Lots 4, 5 & part of 6, 12, 13 & 14, Block 47, Avon by the Sea,
Section 23, Township 24 South, Range 37 East (7400 Poinsetta Avenue) -
Petitioner was John K. Porter, Mayor, City of Cape Canaveral.
The Board members reviewed and discussed the contents of the special exception
application. It was noted that the previous special exception to allow the public
library had been granted for the use on specific lots not the entire parcel of property.
Discussion followed.
Motion by Mr. McMillin, seconded by Mr. Farmer to approve Special Exception
Request No. 95 -03 as follows:
BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 22, 1995
PAGE 2
Findings of Fact The City of Cape Canaveral was the owner of the real
property described in the Petition. The property was located in the R -2 zoning
classification and was subject to the Land Development Regulations pertaining
to said district. The granting of this special exception would not adversely
affect the public interest. This special exception was consistent with the goals,
objectives and policies of the Comprehensive Plan; was consistent with the
intent of the R -2 zoning district; this request would not create 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 R -2 zoning district;
no unusual police, fire or emergency services would be required; all the
requirements of the zoning district were met with the special exception request.
Conclusion of Law That the Board of Adjustment had lawful power and
authority to grant or deny the special exception request under special
conditions and circumstances as set forth in Section 110 -294, Paragraph (2)
of the Cape Canaveral Code of Ordinances. The petitioner had met the
minimum requirements for the requested special exception and had
demonstrated entitlement to the special exception which would not adversely
affect the public interest.
Order The City of Cape Canaveral was granted the special exception subject
to all applicable limitations, restrictions and conditions. 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
Codes.
Motion carried unanimously with members voting as follows: Mr. Laws, for; Mrs.
Rigerman, for; Mrs. Thurm, for; Mr. Farmer, for; Mr. McMillin, for.
2. Discussion and Recommendation to City Council Regarding Boardmember
Selection Process.
Mrs. Thurm reviewed a memorandum from the former City Clerk regarding the
boardmember selection process. The Board members voiced their opinions regarding
the selection process. After discussion, the Board consensus was to keep the process
as it was due to the facts that this Board did not meet on a regular basis; ability to
interview a prospective Board member in a proper manner; interviews should be
BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 22, 1995
PAGE 3
performed by the City Attorney; Board accepts new members as appointed by City
Council.
There being no further business the meeting was adjourned at 7:50 P.M.
Approved this _ ' Z day of - L 1995.
Ann Thurm, Chairman
Susan Chapman, Secretary