HomeMy WebLinkAboutMinutes 04-29-1996CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
Y",E1— 111M%a v"i"vUTES
APRIL 29, 1996
A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 29,
1996, at the City Hall Annex, 1 1 1 Polk Avenue, Cape Canaveral, Florida. Chairperson
Thurm called the meeting to order at 7:30 P.M. The Secretary called the roll.
Ann Thurm
Chairperson
Ronnie Farmer
Vice Chairperson
Robert Laws
Connie McKone
Earl McMillin
Marilyn Rigerman
1 st Alternate
Paula Collins
2nd Alternate
OTHERS PRESENT:
Leo Nicholas Council Member
Kohn Bennett City Attorney
Susan Chapman Secretary
Chairperson Thurm explained to the Board members that they must not render
decisions based on their personal opinions, but rather what is permissible by the City's
adopted ordinances. Mrs. Thurm advised that the City Council had scheduled a
special workshop meeting, to be held on May 16, 1996, to discuss the Board's
authority and decision making procedures. She encouraged all members to attend the
workshop meeting.
Motion by Mr. Laws, seconded by Mrs. Thurm to approve the meeting minutes of
March 25, 1996 as submitted. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No . 9.6 -06 to Allow Jettv Park to Augment Facilities
in the R -3 Zoning District as per Section 110-314 of the Cape Canaveral Code
of Ordinances, Parcel 47 & North half of Gov't Lot 1, Section 14, Township 24
South, Range 37 East - Petitioner was Canaveral Port Authority - Larry Shaw
BRPH, Representative.
BOARD OF ADJUSTMENT
MEETING MINUTES
APRIL 29, 1996
PAGE 2
Mr. Larry Shaw, BRPH, advised that the 9.76 acre parcel had been purchased by
Brevard County and leased to the Canaveral Port Authority. He explained that the
existing Jetty Park would be refurbished and the 9.76 acre parcel would be utilized
as a buffer, roadway, grounds maintenance area, additional stormwater retention, a
limited amount of campsites and public parking spaces. Discussion followed regarding
the proposed concept as presented.
Motion by Mr. Farmer, seconded by Mr. Laws to approve Special Exception Request
NO. 96 -06 as follows:
FINDINGS OF FACT M. R. Simper's, BRPH was the designated agent of the
real property described in the Petition. The property was located in the R -3
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 R -3 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 -3 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 -314,
Paragraphs (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 M. R. Simper's, BRPH was granted the special exception subject to
the following limitations, restrictions and conditions:
1. No commercial ventures or other uses other than campsites and parking
in connection with the park shall be allowed.
2. Heavy buffering where property abuts another area within the City, as
presented.
Motion carried unanimously.
BOARD OF AD JUSTMENT
MEETING MINUTES
APRIL 29, '••
PA GE 3
There being no further business the meeting was adjourned at 8:22 P.M.
Approved this 1 day of 1'Y�ay 1996.
Ann Thurm, Chairman
Susan Chapman, Secretary