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HomeMy WebLinkAboutMinutes 03-25-1996CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT IVIEC 1 IImu IVII YU I ES MARCH 25, 1996 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 25, 1996, 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 Ronnie Farmer Robert Laws Connie McKone Earl McMillin Marilyn Rigerman Paula Collins Chairperson Vice Chairperson 1 st Alternate 2nd Alternate OTHERS PRESENT: Leo Nicholas Buzz Petsos Nancy Hanson Kohn Bennett Greg Mullins Susan Chapman Council Member Council Member Recreation Director City Attorney Code Enforcement Officer Secretary Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of October 30, 1995 as submitted. Motion carried with Mr. McMillin abstaining since he had been absent. NEW BUSINESS 1. Special Exception Request No. 96 -02 to Allow New and Used Auto Sales at (7510 North Atlantic Avenue) - Petitioner is David Kabboord Kabboord Properties, Inc. Mr. Kabboord advised that he was requesting a special exception to be allowed to display and sell new and used automobiles until he leased the property. He noted that this request would be an addition to the existing special exception to allow auto leasing. Mr. Kabboord advised that he would only display one or two vehicles and would display a small for sale sign on the vehicle windows. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 25, 1996 PAGE 2 The Board members reviewed the recommendations from the Planning and Zoning Board. Discussion was held regarding the previous auto leasing operation. Discussion continued. Motion by Mr. Laws, seconded by Mr. Farmer to approve Special Exception Request No. 96 -02 as follows: FINDINGS OF FACT David Kabboord was the owner 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 That the Board of Adjustment had lawful power and authority to grant special exceptions as set forth in Section 110 -334, Paragraphs (A -E) 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 David Kabboord was granted the special exception subject to the following limitations, restrictions and conditions: A maximum of four (4) vehicles shall be displayed for sale when there did not exist a leasing operation. Said special exception shall expire 18 months after discontinuation of use. Motion carried, by majority vote, with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, for; Mr. McMillin, against; Mrs. Thurm, for. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 25, 1996 PAGE 3 2. Variance Request No. 96 -04 to Allow Existing Sign to Remain "as is" at the Radisson Resort at the Port, (8701 Astronaut Boulevard) - Petitioner was James W. Peeples Ill. Mr. Jack Kirschenbaum, representing the petitioner, advised that special and unique circumstances existed. He advised that the sign was originally constructed, to code, in 1967. When the sign code was changed, the sign became non - conforming, in that it was too high and too big. Mr. Kirschenbaum outlined unique circumstances. He explained that the Radisson was a large hotel, not on the ocean, with a convention center, on a high -speed highway, with limited frontage (400'), on a huge parcel of property, the sign could not be cut down or replaced without tremendous expense, in excess of $25,000. He advised that if the variance was denied, the City would be denying the owner to display what the resort needed to display. Mr. Kirschenbaum gave his opinion that a hardship existed, that was not self- imposed, because the sign had been constructed to code, the sign had existed for decades, the City had changed the sign code causing the sign to become non - conforming, the sign had been refurbished at a great expense in 1992. Mr. Kirschenbaum noted that the sign had been changed several times with different property ownerships. He reiterated that the sign could not be cut down to size or replaced without tremendous expense. Mr. Kirschenbaum explained that a variance was a plea for mercy, based on hardship, which depended on special facts. He stated that the property owner was seeking mercy. City Attorney, Mr. Bennett provided a copy of the building permit, issued by the Building Department, on May 12, 1992, to repair the sign. Mr. Bennett read the conditions of that permit. He advised that over 100 signs had existed in violation of the Cape Canaveral Sign Code, approximately 50 of the non - conforming signs had been brought into compliance, and approximately 50 signs remained in violation. The Board members reviewed a portion of the Planning & Zoning Board minutes regarding this request. It was noted in those minutes that the applicant admitted the he knowingly knew, when the permit was issued in 1992, that the sign would need to comply with the sign code by December 31, 1993. Mrs. Thurm pointed -out that the Planning & Zoning Board had recommended denial of the request because the applicant did not prove a hardship that was not self - imposed. Discussion followed. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 25, 1996 PAGE 4 Motion by Mr. McMillin, seconded by Ms. McKone, that in accordance with Code Section 110 -62, that the City grant the Variance because of the special conditions and circumstances. In that, a huge sign existed which was in compliance with the then sign code. That this was an unusual piece of property, unique in the City, that had a small frontage, on a busy highway, but it was a very large piece of property, with a resort hotel and a convention center. A hardship would be created on the land owner by literal interpretation of the City code. And to require the landlord to demolish the sign, which could not be brought into compliance with modifications, to demolish the sign would not further the purpose of the sign code. Discussion followed. Mrs. Thurm advised that four members must vote in favor of the request in order for it to be granted. Vote on the motion was as follows: Mr. Farmer, for; Mr. Laws, against; Ms. McKone, for; Mr. McMillin, for; Mrs. Thurm, against. Motion failed. Variance Request No. 96 -04 was denied. Mrs. Thurm called for a ten minute recess at 8:50 P.M. The meeting reconvened at 9:00 P.M. 3. Special Exception Request No. 96 -05 to Allow a Manufactured Building to be Located at the Canaveral City Park (355 Monroe Avenue) - Petitioner was Nancy Hanson, Recreation Director. The Recreation Director, Mrs. Hanson advised that the City had an opportunity to obtain a 24 X 58 manufactured building from McDonnell Douglas Corp. at no cost to the City. She noted that this request would expand the existing granted special exception. She explained that the building would be utilized as a youth center, which would increase existing youth services, staff would be provided, target ages would be 11-15, hours of operation would be 3:30 P.M. - 6:30 P.M. and open on Saturdays, expanded hours would be provided during summer vacation, school vacations and holidays. Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request No. 96 -05 as follows: FINDINGS OF FACT The City of Cape Canaveral was the owner of the real property described in the Petition. The property was located in the R -2 zoning classification and was subject to the Land Development Regulations pertaining to said district. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 25, 1996 PAGE 5 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 R -2 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 R -2 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 -294, Paragraph (5) 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 The City of Cape Canaveral was granted the special exception subject to applicable limitations, restrictions and conditions. Said Special Exception would run concurrently with the property identified in (Exhibit A) as shown within the Petition. Motion carried, by unanimous vote. There being no further business the meeting was adjourned at 9:10 P.M. 6 Approved this 29t! day of 1990. Ann Thurm, Chairman Susan Chapman, Secretary