HomeMy WebLinkAboutMinutes 06-10-1996CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 10, 1996
A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 10,
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.
MEMBERS PRESENT:
Ann Thurm
Robert Laws
Connie McKone
Earl McMillin
Paula Collins
MEMBERS ABSENT:
Ronnie Farmer
Marilyn Rigerman
OTHERS-PRESENT:
Burt Bruns
Mitch Goldman
G. J. Moran
Susan Chapman
Chairperson
2nd Alternate
Vice Chairperson
1 st Alternate
Council Member
Assistant City Attorney
Building Official
Secretary
Motion by Mr. Laws, seconded by Ms. McKone to approve the meeting minutes of
May 13, 1996 as submitted. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Request No. 96 -08 to Allow a Sports Pub with a 4COP
License at (6799 North Atlantic Avenue) - Petitioner was Steven Ellis
Designated Agent.
Mr. Ellis explained that he was requesting a special exception for a sports pub to be
located at 6799 North Atlantic Avenue. The Board members reviewed and
discussed the staff report submitted by the Building Official. Discussion was held
regarding existing establishments located within 2,000 ft. of this property with
similar type liquor licenses issued by the State of Florida. Discussion followed
regarding the various types of liquor licenses.
BOARD OF ADJUSTMENT
MEETING MINUTES
JUNE 10, 1996
PAGE 2
Mr. Ellis admitted that he was aware of the 2,000 ft. distance requirement and knew
that Teasers and Azteca II were located within 2,000 ft. of the property however, he
wished to go forward with his request. Discussion followed.
Motion by Ms. McKone, seconded by Mr. Laws to deny Special Exception Request
No. 96 -08 as follows:
FINDINGS OF FACT Steven Ellis 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 adversely
affect the public interest. This special exception request was not consistent
with the goals, objectives and policies of the Comprehensive Plan; was not
consistent with the intent of the C -1 zoning district; unusual police, fire or
emergency service would be required; all the requirements of the zoning
district were not met with the special exception.
CONCLUSION OF LAW The Zoning Board of Adjustment had lawful power
and authority to grant and deny Special Exceptions under special conditions
and circumstances as set forth in Section 110 -171 of the Cape Canaveral
Code of Ordinances. The petitioner did not meet the minimum requirements
for the requested special exception and had not demonstrated entitlement to
the special exception.
ORDER Steven Ellis was hereby denied the special exception.
Motion carried unanimously, as amended.
There being no further business the meeting was adjourned at 7:55 P.M.
Approved this Iq + day of AU!RtIs 1996.
Ann Thurm, Chairperson
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Susan Chapman, Secretary