HomeMy WebLinkAboutMinutes 08-19-1996CITY OF CAPE CANAVERAL
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 19, 1996
A Meeting of the City of Cape Canaveral Board of Adjustment was held on August,
19, 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
Chairperson
Ronnie Farmer
Vice Chairperson
Connie McKone
Ex- Officio Member
Earl McMillin
City Manager
Marilyn Rigerman
1 st Alternate
Paula Collins
2nd Alternate
MEMBERS ABSENT:
Robert Laws (Excused)
OTHERS PRESENT:
Rocky Randels
Mayor Pro -Tem
Leo Nicholas
Council Member
Beatrice McNeely
Ex- Officio Member
Bennett Boucher
City Manager
Kohn Bennett
City Attorney
G. J. Moran
Building Official
Susan Chapman
Secretary
Motion by Mr. McMillin, seconded by Mr. Farmer to approve the meeting minutes of
June 10, 1996 as submitted. Motion carried unanimously.
NEW BUSINESS
1. Special Exception Reguest No. 96-11 to Allow an A utomotive Service Station
in a C -1 Zoning District, (RaceTrac Petroleum), Section 15, Township 24
South, Range 37 East, Part of Parcel 750. Located on Astronaut Boulevard
(immediately North of Jungle Village) - Petitioner was Max E. McBrayer, Jr for
RaceTrac Petroleum. Inc.
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 19, 1996
PAGE 2
Ms. Leslie Shoemaker, representative for RaceTrac Petroleum explained that
RaceTrac Petroleum was requesting a special exception to construct service station
on the vacant property just north of Jungle Village. The site would include a 3,000
sq. ft. building utilized as a convenient store and twelve gas dispensing islands. Ms.
Shoemaker advised that there would be no car wash or automotive repair, the facility
would be open 24 hours per day. Ms. Shoemaker informed the Board that the parcel
abutted R -3 zoning to the west. However, the limits of the development (approx. 2
acres) would not abut the R -3 zoning district and anticipated that RaceTrac Petroleum
would sell the remainder of the property.
Mr. Moran, Building Official, informed the Board that RaceTrac would be working
with the City staff to correct a deficiency in design in regards to the North entrance
which may become a traffic hazard because the turn lane in the center of Astronaut
Blvd. stopped directly north of the proposed entry -way and a left turn would create a
traffic hazard. This and other concerns would be addressed during the site plan
review process. Mr. Moran advised that the application for special exception was
complete, the request was an allowable special exception in the C -1 zoning district,
and the applicable City zoning requirements had been addressed and were in
compliance for the request and city staff along with the fire department
recommended approval of the special exception request.
Motion by Mr. McMillin, seconded by Mr. Farmer to grant Special Exception Request
No. 96-11 as follows:
FINDINGS OF FACT RaceTrac Petroleum 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; no unusual police,
fire or emergency service 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 and deny Special Exceptions under special conditions
and circumstances as set forth in Section 110 -334 (C)(3) of the Cape
Canaveral Code of Ordinances. The petitioner had met the minimum
BOARD OF ADJUSTMENT
MEETING MINUTES
AUGUST 19, 1996
PAGE 3
requirements for the requested special exception and had demonstrated
entitlement to the special exception.
ORDER RaceTrac Petroleum was granted the special exception with the
following limitations, restrictions, and conditions: The special exception was
granted for that portion of the property shown on the engineered drawing
attached to the application which the applicant has intended to be used for a
service station.
Motion carried unanimously.
There being no further business the meeting was adjourned at 7:55 P.M.
Approved this ktn, day of 1996.
Ann Thurm, Chairperson
Susan Chapman, Secretary