HomeMy WebLinkAboutMinutes 08-28-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 28, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on August
28, 1995, at the City Hail Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Thurm called the meeting to order at 7:30 P.M. The Secretary called the
roll.
MEMBERS PRESENT:
Ann Thurm Chairperson
Ronnie Farmer Vice Chairperson
Robert Laws
Marilyn Rigerman 1 st Alternate
Earl McMillin
OTHERS PRESENT:
Leo Nicholas
Council Member
Kohn Bennett
City Attorney
James Morgan
Building Official
Susan Chapman
Secretary
Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of July
31, 1995 as corrected. Motion carried unanimously.
NEW BUSINESS - PREVIOUSLY TABLED
1. Special Exception Request No. 95 -08 to Allow Display of Vehicles for Sale at
Ocean Carpets, (8555 Astronaut Boulevard) - Petitioner was Walter Peavler,
Brevard Wholesaler's Inc Agent for Doug Cochran Owner of Ocean Carpets
The Board members reviewed additional exhibits they had requested at the previous
meeting. Discussion was held regarding the required 50 ft. setback, paved area,
parking requirements, parking spaces and curb cuts.
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 28, 1995
PAGE 2
Chairman Thurm advised that four members must vote in favor of a special exception
request in order for it to be granted. Chairman Thurm poled the petitioner who agreed
to have the case heard even though only four members were present. Discussion
continued.
Motion by Mr. Farmer, seconded by Mrs. Rigerman to approve Special Exception
Request No. 95 -08 as follows:
Findings of Fact Walter Peavler was the designated agent of the real property
described in the Petition. The property was located in the C -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 C -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 C -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 Zoning Board of Adjustment had lawful power and
authority to grant Special Exceptions under special conditions and
circumstances as set forth in Section 110 -334, Paragraph (c)(9) 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 Walter Peavler was granted the special exception subject to all
applicable limitations, restriction and conditions including the following special
conditions:
1. Limited display not to exceed (4) vehicles
2. No repair service or detailing permissible.
3. Wholesale and retail by appointment only. No on -site salesman.
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 28, 1995
PAGE 3
Said special exception was granted to the current property owner as 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 carried with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Mrs.
Rigerman, for; and Mrs. Thurm, for.
PRESENTATION
1. Presentation by Kohn Bennett, City Attorney Re: Voting Conflicts of Interest
Attorney Bennett briefed the Board members regarding Voting Conflicts of Interest
under 112.3143, Florida Statutes. Discussion followed.
There being no further business the.meeting was adjourned at 9:07 P.M.
Approved this day of �--.,, , 1995.
Ann Thurm, Chairman
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Susan Chapman, Se retary