HomeMy WebLinkAboutMinutes 10-09-1995CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
OCTOBER 9, 1995
A Meeting of the City of Cape Canaveral Board of Adjustment was held on October
9, 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.
MEMBERS PRESENT:
Ann Thurm
Chairperson
Ronnie Farmer
Vice Chairperson
Robert Laws
Building Official
Connie McKone
Secretary
Earl McMillin
Marilyn Rigerman
1 st Alternate
Paula Collins
2nd Alternate
OTHERS PRESENT:
Leo Nicholas
Council Member
Kohn Bennett
City Attorney
James Morgan
Building Official
Susan Chapman
Secretary
Mrs. Thurm welcomed Connie McKone and Paula Collins to the Board.
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
August 28, 1995 as corrected. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 95 -10 to Allow Retail Sales of Arts and Crafts
at (106 B Pierce Avenue) - Petitioner was Jennie Jennings Business Owner.
Mr. David Jennings explained that his wife was requesting a special exception to
allow retail sales in the front portion of the building of arts and crafts his wife created
in the rear of the building. The Board members reviewed photographs of the crafts.
Discussion was held regarding parking requirements. The Board members reviewed
Section 110 -491, Off - Street Parking of the Cape Canaveral Code of Ordinances.
BOARD OF ADJUSTMENT
MEETING MINUTES
OCTOBER 9, 1995
PAGE 2
After discussion, the Building Official determined that there was adequate parking.
Discussion was held regarding power tool noise. Mr. Jennings advised that there
would be no outside advertising other than a sign in the window.
Motion by Mr. McMillin, seconded by Mr. Farmer to approve Special Exception
Request No. 95 -10 as follows:
Findings of Fact Jennie Jennings 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 (4) 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 Jennie Jennings was granted the special exception subject to all
applicable limitations, restrictions and conditions including the following special
condition(s): If the business terminates or is inactive for a period of six (6)
months the special exception shall expire.
Said Special Exception is granted to the business 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; Ms.
McKone, for; Mr. McMillin, for; Ms. Thurm, for.
BOARD OF ADJUSTMENT
MEETING MINUTES
OCTOBER 9, 1995
PAGE 3
There being no further business the meeting was adjourned at 7:48 P.M.
Approved this day of (�)C,-4 - C-1 �0t r , 1995.
Ann Thurm, Chairman
Susan Chapman, Secretary