HomeMy WebLinkAboutMinutes 05-13-1996M
CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 13, 1996
A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 13,
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
OTHERS PRESENT:
Leo Nicholas
Kohn Bennett
Susan Chapman _
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Council Member
City Attorney
Secretary
Motion by Mr. McMillin, seconded by Mr. Laws to approve the meeting minutes of
April 29, 1996 as submitted. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 96 -07 to Allow a Veterinary Hospital /Clinic as
per Section 110-334 (C) (1) of the Cape Canaveral Code of Ordinances Lots 4
9, 10, 11 & 12. Block 41 Avon by the Sea Subdvision (7510 North Atlantic
Avenue) - Petitioner was David W. Kabboord Owner Kabboord Properties
Inc.
Mr. John Kabboord, representative for Kabboord Properties, advised that a tornado,
on March 6, 1996, resulted in the Atlantic Animal Clinic being destroyed. He stated
that the building at 7510 North Atlantic Avenue was an ideal location for this type of
use, allowable by special exception. Mr. Kabboord advised that the veterinary
facilities would be contained inside the building. Dr. Storts advised that overnight
care would be provided for animals needing special care however, the facility would
not be utilized for boarding animals. Discussion was held regarding noise. Dr. Storts
advised that there had been no complaints from neighbors at her previous location.
BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 13, 1996
PAGE 2
Mr. Kabboord advised that the building was block construction, which would act as a
noise barrier. Chairman Thurm stated that City staff recom mend ed'approval of the
request. Chairman Thurm pointed out that the ordinance had not been adopted
which would automatically revoke special exceptions if the use is abandoned for 18
months therefore, the Board should consider revoking the previously approved special
exceptions if this request is approved. Discussion followed. Mr. Kabboord agreed
with the revocation of the previously approved special exceptions.
Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request
No. 96 -07 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,
Paragraph (C)(1) 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:
1. All previously approved special exceptions were revoked by entry of this
order (Ref. Special Exceptions 92 -08 & 96 -02).
2. Property shall only be utilized solely as a veterinary hospital /clinic. No
kenneling or boarding.
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BOARD OF ADJUSTMENT
MEETING MINUTES
MAY 13, 1996
PAGE 3
3. Said Special Exception shall terminate within 18 months if use is
abandoned.
Motion carried unanimously.
There being no further business the meeting was adjourned at 7:50 P.M.
Approved this day of 1996.
Ann Thurm, Chairman
Susan Chapman, Secretary