HomeMy WebLinkAboutMinutes 07-10-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 10, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 10,
1995, at the City Hall Annex, 111 Palk Avenue, Cape Canaveral, Florida. Chairperson
Thurm called the meeting to order at 7:30 P.M. The Secretary called the roll.
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Ann Thurm Chairperson
Ronnie Farmer
Robert Laws
Earl McMillin
Marilyn Rigerman 1 st Alternate
OTHERS PRESENT:
Kohn Bennett City Attorney
James Morgan Building Official
Susan Chapman Secretary
Mrs. Thurm advised that due to health reasons, Mrs. Calvert had regretfully submitted
her resignation.
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
June 19, 1995 as corrected. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 95 -05 to Allow a McDonald's Restaurant in the
M -1 Zoning District, Section 15, Township 24 South Range 37 East Part of
Parcel 750, (South East Corner of Astronaut and Central Boulevards) -
Petitioner was George H. Firkins, Vice President of Cevesco Inc Owners
Attorney Robert Riggio, representative for McDonald's Corporation, advised that his
client was seeking a special exception to construct a McDonald's restaurant in the
M -1 zoning district. Mr. Riggio explained how the request was consistent with the
goals, objectives and policies of the comprehensive plan. He further explained how
a McDonald's restaurant was consistent with the intent of the M -1 zoning district and
pointed out that Section 110 -354, paragraph (a) of the Cape Canaveral Code of
Ordinances provided for compatible uses within the M -1 zoning district. He advised
that there would be no adverse impacts to adjacent properties and that all current
zoning requirements would be met. Mr. Riggio submitted an overview of the general
location of the proposed use which highlighted surrounding uses.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 10, 1995
PAGE 2
Mr. Joseph Smiley, representative for McDonald's Corporation, advised that the
building would be 2,600 sq. ft. with a 1,400 sq. ft. enclosed and air conditioned play
area. Mr. Smiley further advised that the McDonald's Corporation was currently under
contract for the land and the proposed building. Discussion followed.
Mr. Laws advised that the current code did not allow a restaurant as a permitted use
in the M -1 zoning district. The Board members reviewed an ordinance draft which
would amend Section 110 -354 (c) of the Cape Canaveral Code of Ordinances to allow
restaurants and public buildings by special exception. City Attorney Kohn Bennett
advised that restaurants were permissible by special exception in the previous code
but was somehow omitted. He advised that City Council desired to place it back in
the code and would be considering the ordinance amendment at forthcoming
meetings. Discussion followed.
Mr. Laws moved to table this special exception request until the ordinance was
approved by City Council. Motion died for lack of a second.
Mr. Riggio reiterated that the proposed use was compatible with Section 110 -354 (a)
f of the Cape Canaveral Code of Ordinances. Mrs. Rigerman noted that a restaurant
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existed across the street from this proposed site.
Motion by Mr. Farmer, seconded by Mr. McMillin to grant Special Exception Request
No. 95 -05 as follows:
Finding of Fact Cevesco, Inc. was the owner of the real property described in
the Petition. The property was located in the M -1 zoning classification and was
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 request was consistent with the goals,
objectives and policies of the Comprehensive Plan; was consistent with the
intent of the M -1 zoning district; this request would 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
M -1 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 in that a restaurant was compatible in the M -1 zoning classification.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 10, 1995
PAGE 3
Conclusion of Law The Board of Adjustment had lawful power and authority
to grant special exceptions under special conditions and circumstances as set
forth in Section 110 -354, Paragraph (a) 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 McDonald's restaurant was granted the special exception subject to all
applicable limitations, restrictions and conditions.
Said special exception would expire if construction was not commenced within
one year from the date that this special exception was granted or the Petitioner
may request an extension.
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 carried as amended by a majority vote as follows: Mr. Farmer, for; Mr. Laws,
against; Mr. McMillin, for; Mrs. Rigerman, for; Mrs. Thurm, for.
2. Special Exception Request No. 95 -06 to Allow a Plastic Recycling Company in
the M -1 Zoning District, Section 23 Township 24 South Range 37 East Parcel
E -3, (7191 North Atlantic Avenue) - Petitioner was Harold Sanchez Agent for
Canaveral Industries Inc. Owners
Mr. Harold Sanchez explained that his company purchases non -toxic scrap plastic and
processes the plastic in a special machine that melts and then cools and cuts the
plastic making the final product into small pellets which are then sold to plastic
companies both in the U.S. and exported outside the U.S. to be used to make other
plastic products. Mr. Sanchez provided the members with the sample product. He
explained that the machine used approximately 10 -15 gallons of recirculated cooling
water which was changed every 6 -8 months, there was no waste, no smoke, no
exhaust, the noise level was 60 decibels 10 ft. from the machine, the machine would
self- contain any odor through a filter, the products would be stored on -site in semi-
trailers, and the hours of operation would be (2) eight hour shifts per day. Various
Board members expressed their concerns regarding odor and noise. Discussion
followed.
Chief Sargeant, CCVFD advised that the applicant would need to meet and adhere to
all fire and building code requirements.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 10, 1995
PAGE 4
Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request
No. 95 -06 as follows:
Findings of Fact Canaveral Industries, Inc. was the owner of the real property
described in the Petition. The property was located in the M -1 zoning
classification and was 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 request was
consistent with the goals, objectives and policies of the Comprehensive Plan;
was consistent with the intent of the M -1 zoning district; based on the
applicant's testimony, this request would 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 M -1 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.
Conclusion of Law The Board of Adjustment had lawful power and authority
to grant special exceptions under special conditions and circumstances as set
forth in Section 110 -354, Paragraph (c)(6) & (7) of the Cape Canaveral Code
of Ordinances. Based on the applicant's testimony, 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.
The applicant was hereby granted the special exception subject to all applicable
limitations, restrictions and conditions as follows: There shall be no violation
of applicable rules and regulations due to noise, vibration, emission, or
excessive and offensive odor.
Should there be a violation to any part of this Order, the special exception may
be revoked in accordance with applicable law and the City Code.
Motion carried with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Mr.
McMillin, for; Mrs. Rigerman, for; Mrs. Thurm, for.
ELECTION OF OFFICER
1. Election of Vice Chairman.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 10, 1995
PAGE 5
Nomination by Mr. Laws, seconded by Mr. McMillin to nominate Mr. Farmer as Vice
Chairman. Mr. McMillin closed the nominations. Vote carried unanimously.
There being no further business the meeting was adjourned at 9:20 P.M.
Approved this - 91 SY day of 1995.
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Ann Thurm, Chairman
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Susan Chapman, Secretary