HomeMy WebLinkAboutMinutes 07-31-1995CITY OF GAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 31, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 31,
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.
It _ U a
Ann Thurm
Ronnie Farmer
Robert Laws
Earl McMillin
Marilyn Rigerman
OTHERS PRESENT:
Kohn Bennett
James Morgan
Susan Chapman
Chairperson
Vice Chairperson
1 st Alternate
City Attorney
Building Official
Secretary
Motion by Mrs. Rigerman, seconded by Mr. McMillin to approve the meeting minutes
of July 10, 1995 as corrected. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 95 -08 to Allow Display of Vehicles for Sale at
Ocean Carpets, (8555 Astronaut Boulevard) - Petitioner is Walter Peavler,
Brevard Wholesaler's Inc., Agent for Doug Cochran, Owner of Ocean Carpets.
Mr. Galloway, agent of Brevard Wholesaler's, Inc., stated that he was requesting a
special exception to display vehicles. He advised that Brevard Wholesaler's would be
renting parking space from Ocean Carpets for the display of vehicles. Mr. Galloway
explained that there would be no banners or balloons displayed for advertising, the
vehicles would be offered at wholesale by appointment only, no repair or cleaning of
vehicles would be performed, there would be no sales personnel on site, only pickup
trucks and sedans would be displayed (no heavy equipment). Mr. Galloway advised
that he did not want the parking of his vehicles to interfere with Mr. Cochran's
business.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 31, 1995
PAGE 2
Mr. Morgan, Building Official explained that there existed nine marked parking spaces,
and since the building was 3,810 sq. ft., thirteen parking spaces were required as per
Section 110 -491, Numbers of Space Required of the Cape Canaveral Code of
Ordinances. Mr. Morgan added that there was room for ten additional parking spaces
to the North and four additional spaces to the South.
Mrs. Thurm read two letters from James W. Peeples, P.A., representative for
Discovery Bay Subdivision and Cocoa Beach Motel, Inc., which advised that the
property owners objected to the request. Mrs. Thurm referred to a memorandum from
the City Manager requesting that the applicant demonstrate that there was adequate
parking and loading areas for the display of automobiles and the carpet store; and
requested addressing the issue of curb cuts if currently non- conforming.
City Attorney Bennett advised that the request must meet the minimum requirements
of the zoning regulations referring to parking.
Mr. Rocky Randels, 308 E. Central Boulevard, advised that he has been a resident of
Cape Canaveral since 1981. He referenced Section 110-335, Prohibited Uses of the
Cape Canaveral Code of Ordinances and asked that the Board consider opposing this
requested use. He voiced his concern regarding semi - tractor trailers maneuvering
around the parking lot within the limited paved area. As Mayor Pro -Tern for the City
of Cape Canaveral, he was opposed to this request and voiced his concern that this
request was not consistent with the intent of the Al A Beautification Plan adopted by
the City.
Mrs. Rigerman voiced her concern that the application was not complete in that the
applicant did not provide a scaled drawing showing ingress /egress, parking spaces,
and the loading areas of the existing carpet store, and parking spaces for the proposed
display of automobiles. City Attorney Bennett noted that a site plan was not a
requirement of this request. Mrs. Rigerman responded that a drawing showing the
existing parking area would be very helpful to the' Board members in determining
whether or not there would be adequate parking for the additional use. The other
Board members agreed.
Discussion followed regarding the applicant meeting the requirements set forth in
Section 110 -334, Special Exceptions Permissible by Board of Adjustment, Paragraph
(9) and the lack of information provided to determine adequate parking requirements.
Mr. McMillin announced that he would abstain from voting due to past legal litigation
with the property owner.
BOARD OF ADJUSTMENT
MEETING MINUTES
JULY 31, 1995
PAGE 3
Motion by Mrs. Rigerman, seconded by Mr. Farmer to table Special Exception Request
No. 95 -08 tentatively until August 21, 1995 or until the applicant provided additional
information as requested regarding parking. Motion carried with members voting as
follows: Mr. Farmer, for; Mr. Laws, for; Mr. McMillin, abstain; Mrs. Rigerman, for;
and Mrs. Thurm, for.
There being no further business the meeting was adjourned at 8:28 P.M.
Approved this day of t`f t- 1995.
Ann Thurm, Chairman
Susan Chapman, Secretary