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HomeMy WebLinkAboutMinutes 09-16-1996CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MEETING MINUTES SEPTEMBER 16, 1996 A Meeting of the City of Cape Canaveral Board of Adjustment was held on September 16, 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 Robert Laws Ex- Officio Member Connie McKone City Attorney Earl McMillin Building Official Marilyn Rigerman 1 st Alternate Paula Collins 2nd Alternate OTHERS PRESENT: Burt Bruns Council Member Leo Nicholas Council Member Beatrice McNeely Ex- Officio Member Kohn Bennett City Attorney G. J. Moran Building Official Susan Chapman Secretary Motion by Ms. McKone, seconded by Mr. McMillin to approve the meeting minutes of August 19, 1996 as submitted. Motion carried unanimously. NEW BUSINESS 1. Special Exception Request No. 96 -12 to Allow a Restaurant iri the M -1 Zoning District and to Allow the Restaurant to Serve Beer and Wine Parcels 757 & 782. Section 15, Township 24 South Range 37 East (8660 Astronaut Boulevard) - Petitioner was Arthur W Berger Property Owner. Mr. Moran, Building Official, Mrs. Daniels and Mr. Berger, citizens, were sworn in by Attorney Bennett. Mr. Berger testified that Mrs. Daniels had a great deal of experience in the restaurant business and the City was very fortunate that she selected Cape Canaveral to operate her new business. BOARD OF ADJUSTMENT MEETING MINUTES SEPTEMBER 16, 1996 PAGE 2 - - Chairperson Thurm read a letter from the applicant, dated September 10, 1996 which pointed out that since the request was made, City Council had reduced the seating requirement from a minimum of 50 seats to 25 seats. The owners of the restaurant had chosen to place 25 seats due to limited floor space, economical reasons, and wanted to create an open atmosphere. Attorney Bennett clarified that this request should be considered as two special exceptions. The first being the special exception approval for the restaurant; the second, was to allow the restaurant to serve beer and wine. He advised that two separate motions would be appropriate. Building Official Moran advised that Mr. Berger had paid the fee for two special exceptions, sewer impact fees would be assessed for 25 seats and payment would be due at the time the building permit was issued for the restaurant construction. He explained that the request related to a use that required a special exception, the use would be located in a section of an existing structure that was presently in compliance with applicable zoning requirements and that issues related to construction (interior), signs, accessibility, etc. would be addressed at the time of permitting and would be required to comply with all city requirements. Mr. McMillin questioned the possible necessity for a traffic light since this property was located adjacent to the new post office. Mr. Berger responded that he had met with Jack West, FDOT regarding an additional traffic light. Mr. West had informed Mr. Berger that FDOT had no intentions to install an additional light. Ms. McKone asked for clarification regarding the floor plan which showed a counter and stools. She questioned if it was considered a bar area. Mr. Moran responded that he had made a code interpretation that it was considered a counter with six seats. If a cooler was placed behind it or under it then it would be considered a bar. Chairperson Thurm advised that the Planning & Zoning Board had recommended approval of this request. Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request No. 96 -12 (A) to allow a restaurant in the M -1 zoning district as follows: Findings of Fact: Arthur W. Berger was the owner of the real property described in the Petition. The property was located in the M -1 zoning classification and was subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not BOARD OF ADJUSTMENT MEETING MINUTES SEPTEMBER 16, 1996 PAGE 3 adversely affect the public interest. This special exception request was consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the M -1 zoning district; this request does 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 M -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 under special conditions and circumstances as set forth in Section 110-354 of the Cape Canaveral Code of Ordinances. The petitioner had met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which would not adversely affect the public interest. Order: Arthur W. Berger was granted the special exception subject to all applicable limitations, restrictions and conditions. Vote on the motion carried unanimously. Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request No. 96 -12 (B) to allow a restaurant to serve beer & wine as follows: Findings of Fact: Arthur W. Berger was the owner of the real property described in the Petition. The property was located in the M -1 zoning classification and was subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception request was consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the M -1 zoning district; this request does 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 M -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. BOARD OF ADJUSTMENT MEETING MINUTES SEPT EMBER 16, 1996 PAGE 4 Conclusion of Law: That the Board of Adjustment had lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110 -171, Paragraph (a)(2)(c) of the Cape Canaveral Code of Ordinances. The petitioner had met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which would not adversely affect the public interest. Order: Arthur W. Berger was granted the special exception subject to all applicable limitations, restrictions and conditions. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 7:57 P.M. Approved this � `t _ day of _ ()C- '�,- , 1996. �r Ann Thurm, Chairperson Susan Chapman, Secre' Lary