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HomeMy WebLinkAboutMinutes 03-24-1997CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 24, 1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Member, Marilyn Rigerman called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Ronnie Farmer Vice Chairperson Connie McKone Earl McMillin Marilyn Rigerman 1 st Alternate Paula Collins 2nd Alternate MEMBERS ABSENT: Ann Thurm Chairperson Robert Laws OTHERS PRESENT: Beatrice McNeely Ex- Officio Member Nancy Hanson Recreation Director Leo Nicholas P &Z Board Member 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 October 14, 1996 as submitted. Motion carried unanimously. Nancy Hanson, Recreation Director; G. J. Moran, Building Official; Patrick Rooney, Agent for American Boom & Barrier; M. R. Simpers, Agent for Canaveral Port Authority; and various residents of Long Point Road, were sworn in by City Attorney Bennett. NEW BUSINESS - - 1. Special Exception Request No. 97 -01, to Allow a City Park in the R -3 Zoning District, Lot 1, Long Point Road - Petitioner was Nancy Hanson, Recreation Director for the Citv of Cape Canaveral. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 PAGE 2 Mrs. Hanson, Recreation Director explained that the City was attempting to accommodate children west of Al A because presently, the kids needed to cross Al A to utilize a city park. She further explained that the city presently had a five year lease on Lot 1, Long Point Road to be used as a walk -to park and the city owned a 40 ft. easement east of the lot. She advised that the park would be fenced, and would include playground and climbing equipment; park benches; refuse containers; and a bike rack. Mrs. Hanson advised that the park would be unsupervised by city personnel; it would only be open during daylight hours; the park would accommodate approximately 40 children; and would be maintained by the city's public works department. Mrs. Hanson pointed -out that the city had no intentions of causing a problem in the neighborhood and added that anything the city put on the lot could be removed. Mr. Moran, Building Official advised that as per Section 110 -314 (5) of the Cape Canaveral Code of Ordinances, a city park was a permissible use, by special exception, in the R -3 zoning district; the use was consistent with the comprehensive plan; City Council had authorized the use of this property that was leased by the City to be used as a park; all fees relating to this request had been received; at the Planning & Zoning Board meeting held on February 12, 1997, the Board unanimously recommended approval of this request. Several residents of Long Point Road, voiced their concerns regarding the park becoming an attractive nuisance. In their opinions, the park would create various problems to the immediate area such as crime; drugs; safety concerns; theft; hang- out for teenagers; trash; noise; vandalism; increase traffic; and decrease property values. Board member Rigerman explained that it was the duty of the Board to hear and consider requests brought before them and the Board was obligated to vote on this request based on adopted codes and any other substantial evidence. City Attorney Bennett reiterated that the Board must make its' decision based on facts and competent substantial evidence. Mr. Bennett expl t ha t the burden to deny the request was on the residents to prove that the request did not meet the code. Mr. Bennett advised that the submitted application packet was the best he had ever seen and commended Mrs. Hanson and her staff. Motion by Mr. McMillin, seconded by Mr. Farmer to approve Special Exception Request No. 97 -01 to Allow a City Park on Lot 1, Long Point Road as follows: BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 PAGE 3 Findings of Fact: The City of Cape Canaveral was the lessee of the real property described in the Petition. The property was located in the R -3 zoning district 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 in that, the request complied with the City Code of Ordinances. This special exception 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 this special exception request. Conclusion of Law: That the Board of Adjustments had lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 110 -314 of the Cape Canaveral Code of Ordinances. The petitioner 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: The City of Cape Canaveral was granted the special exception with no noted limitations, restrictions and conditions. Vote on the motion carried unanimously. 2. Special Exception Reauest No. 97 -02 to Expand the Existing Fenced -in Storage Area at American Boom and Barrier, (Located at 7077 North Atlantic Avenue) - Petitioner was Patrick Rooney, Designated Agent for Randy O'Brien, Property Owner. (Previous Special Exception Request (No. 95 -09) was Granted by the Board of Adiustment on October 30, 1995.) Mr. Rooney explained that American Boom & Barrier's (ABBCO) business expanded faster than they had anticipated. He advised that the city's Code Enforcement Board had found ABBCO in violation of the previous granted special exception because they had storage outside the designated fenced area. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 PAGE 4 Mr. Rooney admitted that the violation was created by a lack of responsibility of ABBCO to keep the property clean and clear of debris. Mr. Rooney added that he had not been aware that the trailers, boom and chain were not allowed to be stored outside the designated fenced area. Mr. Rooney advised that ABBCO was requesting an additional special exception to increase the existing fenced -area to accommodate existing outside storage. He added that the additional fencing would aid in the security of company vehicles which had been subjected to vandalism. Mr. Rooney advised that if the special exception was granted, ABBCO would replace the existing green PVC fabric with a black fabric that was more durable, permeable, breathable, and see - through. The Board members examined a sample of the black fabric. Mr. Moran advised that this request would not need to go before the Community Appearance Board because this request was to expand an existing fence that was only visible from one street side and the ordinance excluded fences, roof and insignificant construction from having to be brought before the Community Appearance Board for approval. Motion by Mr. McMillin, seconded by Mrs. McKone to Approve Special Exception Request No. 97 -02 as follows: Findings of Fact: American Boom & Barrier was the owner of the real property described in the Petition. The property was located in the M -1 zoning district 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 in that, the request complies with the City Code of Ordinances. This special exception is consistent with the goals, objectives and policies of the Comprehensive Plan; was consistent with the intent of the M -1 zoning district; this request did 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 will be required; all the requirements of the zoning district were met with this special exception. Conclusion of Law: The Board of Adjustments 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. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 PAGE 5 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: American Boom & Barrier was granted the special exception with the following limitations, restrictions and conditions: 1. The special exception shall run with the occupational license. 2. Black filtered PVC fabric shall be mounted on the fence as a visual screen. 3. The fence shall be maintained in good repair. 4. Outside storage shall be limited to the fenced area. 5. The front greenery area abutting Al A shall be properly maintained. Vote on the motion, as amended, carried unanimously. 3. Time Extension Request Re: Granted Special Exception No. 96 -06 for the Southern Expansion of Jetty Park - Requester was M. R. Simpers, P.E., Project Engineer for BRPH Architects /Engineers, Inc., Designated Agent. (Special Exception was Granted by the Board of Adjustment on April 29, 1996.) Mr. M. R. Simpers testified that the Canaveral Port Authority had obtained a special exception for the southern expansion of Jetty Park into properties within the City of Cape Canaveral and that this special exception would expire on April 29, 1997. He advised that because of the environmental sensitivity of their conceptual planning efforts, they were respectfully requesting an extension of this special exception until at least April 29, 1998. This extension would allow the Canaveral Port Authority additional time to finalize their development plans and begin the construction of the redevelopment of Jetty Park. Mr. Moran advised that based on the submitted information, city staff had no objection to the granting of this time extension request. BOARD OF ADJUSTMENT MEETING MINUTES MARCH 24, 1997 PAGE 6 Motion by Mr. McMillin, seconded by Mrs. McKone to grant the requested time extension for Special Exception Request No. 96 -06 based on the information provided by Mr. Simpers. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 8:57 P.M. Approved this ? S day of 1997. nn Thurm, Chairperson Susan Chapman, Secretary