HomeMy WebLinkAboutMinutes 06-19-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
JU NE 19, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 19,
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 Secretary called the
roll.
Ann Thurm
Joan Calvert
Ronnie Farmer
Robert Laws
Earl McMillin
Marilyn Rigerman
OTHERS PRESENT:
John Porter
Kohn Bennett
James Morgan
Susan Chapman
Chairperson
Vice Chairperson
1 st Alternate
Mayor
City Attorney
Building Official
Secretary
Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of May
22, 1995 as submitted. Motion carried unanimously.
[Inky'JlI- Im ( �
1. Special Exception Request No. 95 -04 to Construct Sixteen Townhomes in a
C-1 Zone, Parcels 500 and A8, Section 14, Township 24 South, Range 37 East
(Northeast Corner of N. Atlantic Avenue and Ocean Woods Boulevard) -
Petitioner was Albert E. Price, P.E., Agent for B.C. Development Corporation.
Mr. Richard Biery, B.C. Development Corporation, advised that he was seeking a
special exception to construct (16) townhomes in the C -1 zoning district. Discussion
was held regarding ingress and egress on Ocean Woods Boulevard. Mr. Biery advised
that he owned the entrance on Ocean Woods Boulevard. Mr. Al Price, Project
Engineer, advised that the existing median would be cut back to allow accessibility
immediately west of the Ocean Woods development. City Attorney Bennett reviewed
a survey of the property provided by the applicant. After review of the document, Mr.
Bennett concluded that the legal description did not match the deed. Discussion
followed.
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 19, 1995
PAGE 2
After an ensuing discussion, the Board agreed that the applicant must prove
ownership right for ingress /egress of Ocean Woods Boulevards or acquire an
agreement with the Ocean Woods Homeowners Association. Discussion was held
regarding the Puerto Del Sol Statement of Justification. Attorney Bennett advised
that the circuit court had determined that this property was part of the 3.85 acres
noted in the statement of justification, however it was not used in the density
calculations of the Ocean Woods RPUD. He further advised that townhomes were
considered single family residences not multi - family.
Mr. Morgan noted that sidewalks would be installed pursuant to the City code.
Ella Conners
Citizen AhDgXQQffM questioned the placement of the proposed development and
viewed the proposed preliminary site plan.
Citizen Dan Petro inquired if the 25 ft. dedicated easement east of this proposed
development was planned to be used as a form of ingress /egress. Mr. Biery advised
that he had no plans to utilize the 25 ft. easement.
The Board members reviewed the recommendations of the Planning & Zoning Board.
Mr. Morgan noted that the Chief Sargeant, CCVFD, had advised that he had no
problems or concerns with the ingress and egress of emergency vehicles as shown
on the submitted site plan. The Board members reviewed Section 110 -334 (c)(10)
of the Cape Canaveral Code of Ordinances.
Motion by Mrs. Calvert, seconded by Mr. Laws to Approve Special Exception Request
No. 95 -04 as follows:
Findings of Fact Albert E. Price, P.E. was the designated agent of the real
property described in the Petition. The property was 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 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 C -1 zoning district; this request did 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 were met with this special
exception.
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 19, 1995
PAGE 3
Conclusion of Law That the Zoning Board of Adjustments had lawful power
and authority to grant the Special Exception under special conditions and
circumstances as set forth in Section 110 -334, Paragraph (c) (10) 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 That Request No. 95 -04 was granted the special exception with the
following noted limitations, restrictions and conditions:
1. The applicant must acquire an agreement with the Ocean Woods
Homeowners Association for the utilization of ingress and egress on
Ocean Woods Boulevard. (Note: or provide proof of ownership).
2. The applicant must obtain approval from the Cape Canaveral Volunteer
Fire Department for ingress and egress of emergency vehicles.
3. The applicant must obtain approval from Western Waste for ingress and
egress of garbage collection vehicles.
Said special exception shall run concurrently with the property as identified in
Exhibit A as shown within the Petition.
Should there be a violation to any part of this Order, the Special Exception was
subject to revocation according to the City Code.
Motion carried with members voting as follows: Mrs. Calvert, for; Mr. Farmer, for;
Mr. Laws, for; Mr. McMillin, Against; Mrs. Thurm, for.
There being no further business the meeting was adjourned at 8:00 P.M.
Approved this (0 +h day of _--1 U I V , 1995.
Ann Thurm, Chairman
Susan Chapman, Secretary