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HomeMy WebLinkAboutMinutes 06-23-1997CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT MEETING MINUTES JUNE 23, 1997 A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 23, 1997, at the City Hall Annex,,,--I 11 Polk Avenue, Cape Canaveral, Florida. Chairperson Thurm called the meeting to order at 7:30 P.M. The Secretary called the roll. Ann Thurm Robert Laws Connie McKone Earl McMillin Chairperson 1 st Alternate 2nd Alternate W121 "-I=- I Vice Chairperson Beatrice McNeely Leo Nicholas Kohn Bennett G. J. Moran Kim McIntire Ex-Officio Member P&Z Board Member City Attorney Building Official Motion by Mr. McMillin, seconded by Mrs. McKone to approve the meeting minutes of March 24, 1997 as submitted. Motion carried unanimously. G. J. Moran, Building Official; Bobby Lawrence; and Arthur Berger, petitioners , were sworn in by City Attorney Bennett. NEW BUSINESS: 1 Request No. 97-03, Special Exception to Allow U-Haul Rentals on a Portion of Parcel 520 (on the paved lot just South of True Value hardware) - Petitioner -- was Bobby Lawrence, Desig,nated, Agent -for, Frank- Hardaway, Trustee, BOARD OF ADJUSTMENT - MEETING MINUTES JUNE 23, 1997 PAGE 2 Mr. Lawrence, owner of True Value Hardware, testified that he leased the property where True Value Hardware was located and a paved lot directly south of the hardware store which he was requesting a special exception to lease U-Haul rental equipment. He explained that the U-Haul leasing operation would be held at the True Value Hardware store; no repairs or maintenance would be performed; no excessive amount of equipment would be stored on the site; and any signage would be located at the hardware store. Discussion was held regarding a previous agreement with Rich's Restaurant to utilize the paved lot for parking. Mr. Lawrence clarified for the Board that Rich's had relinquished all rights to the property in November, 1994. Discussion was held regarding the special exception granted to Rich's Restaurant (87-11). Mr. Bennett, City Attorney clarified that Rich's Restaurant discontinued the use of the granted special exception in November, 1994; and therefore, the special exception automatically expired. The Board members reviewed Section 110-334 (c)(9) of the city code. Brief discussion followed regarding the intent of the code section. Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request No. 97-03 as follows: Findings of Fact: Bobby Lawrence was the designated agent of the real property described in the Petition. The property was located in the C-1 zoning district 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; based on the applicant's testimony, 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 or additional 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 Adjustments had lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-334, Paragraph (c)(9) of the Cape Canaveral Code of Ordinances. BOARD OF ADJUSTMENT MEETING MINUTES JUNE 23 1997 PAGE 3 Based on the applicaqt's testimony, 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: The applicant was granted the special exception with no noted limitations, restrictions and conditions. Said special exception shall run concurrently with the property as identified within the petition. Vote on the motion carried unanimously. 2. Request No. 97-04, Administrative Appeal to the Building Official's Decision to Not Allow Manufacturing in a Non-Enclosed Structure on Unimproved Property in the M-1 Zoning District, Parcel 785 - Petitioner was Arthur W. Berger, Property Owner. Mr. Berger advised that he had met with Mr. Moran, Building Official, prior to the letter dated March 19, 1997 from Mr. Moran explaining the reasons why city codes did not allow manufacturing in a non-enclosed structure on unimproved property in the M-1 zoning district. Mr. Berger reviewed Mr. Moran's letter. He agreed that the property was located in the M-1 zoning district; the principal use of his business was a construction company with an office, superintendents, vehicles and equipment; the principal use of the structure was not manufacturing however, in the business as a general contractor, the construction company requires manufacturing of widgets, walls, saw horses, railings and other miscellaneous items. He advised that other businesses located in the M-1 zoning district were manufacturing outside. Mr. Berger voiced his opinion that the manufacturing of panels were subordinate and insignificant in the normal scope of his construction business and considered an accessory use as previously discussed with the building official, who had disagreed. Mr. Berger submitted photographs of the tilt walls panels (Exhibit A). Mr. Berger explained how the tilt wall panels are manufactured. He advised that the city had issued Aedile Contractors an occupational license for the past two years for general contracting and related activities, and manufacturing at this location. Chairperson Thurm questioned if the manufacturing of the =tilt walls was an accessory to the principle construction business and if the panels were components that would go into a structure that Aedile Contractors was constructing. Mr. Berger responded that Mrs. Thurm was correct. Mr. Berger explained that the city had originally issued Al an occupational license for manufacturing, at this same location in 1995 and was BOARD OF ADJUSTMENT - MEETING MINUTES JUNE 23, 1997 PAGE 4 never questioned what or whpre he was manufacturing and the city had renewed the occupational license for 1997. He clarified that manufacturing of tilt wall panels was considered an item of retail sale of a product manufactured upon the premise for their own use and were manufactured solely for one specific construction job. Mr. Berger further explained that Aedile wanted to pour a concrete slab and manufacture the tilt walls for the jobs that they were contracted for and when the projects were completed, Aedile would eventually construct a building on the slab. The property parcel was located in the rear of the building. Mrs. Thurm voiced her opinion that if manufacturing was considered a principal use, then according to the city code, it needed to be done in an enclosed building. However, if manufacturing was considered an accessory use to the principal use, then the code did not require the manufacturing to be performed in an enclosed building. Mrs. Thurm questioned why Aedile Contractors were suddenly stopped by the Building Official from manufacturing if the city had issued a license to allow manufacturing in 1996. She questioned if there had been complaints. Mr. Berger responded that Mr. Moran did not stop him from manufacturing tilt walls. He explained that he never began manufacturing the tilt walls. He pointed out that he had manufactured handrails, scaffolding, sawhorses, wall panels, trailers and other miscellaneous items. He had applied for a permit to construct a concrete slab on the parcel behind his main building which was going to be utilized for the manufacturing of the tilt walls which the code did not allow for because Mr. Moran's interpretation of the code was that the manufacturing of the tilt walls would be considered a principal use, therefore, requiring the manufacturing to be performed in an enclosed building. Mr. Moran commented that none of the Board members had ever seen a tilt wall panel. He explained that a tilt wall panels were normally manufactured on a very large construction site (i.e. shopping center such as Walmart); the manufacturing of the walls required an on-site concrete batch plant or concrete trucks continually coming to the site creating constant noise, dust and traffic. He had previously explained to Mr. Berger that his business location was an office building, not a construction site. The original building = permit was issued to construct an office building. He stated that manufacturing at the location where the office building was located was not considered an accessory to the office use. BOARD OF ADJUSTMENT - MEETING MINUTES JUNE 23, 1997 PAGE 5 Mr. Moran had advised Mr. Berger that he could manufacture at the site inside the building. However, Mr. BergV leased all the spaces in the building and has no more room to manUfRCtUre. He advised that the city code specifically stated that you must manufacture only in an enclosed structure. Further, the tilt walls were considered a commercial use because he would be shipping them elsewhere and making money from them. He quoted Section 11 0-481 which stated: "a building is required for commercial uses.. Mr. Moran admitted that businesses were located Within the city limits that were allowed to manufacture outside. He explained that those businesses were originally zoned in an M-2 zoning district and were now considered an existing non-conforming use and may remain as such until the use changes. Discussion followed. The Board reviewed Section 110-353, Accessory Uses of the Cape Canaveral Code of Ordinances. Discussion continued. Motion by Mr. McMillin, seconded by Mr. Laws to deny Mr. Berger's appeal. Motion carried by majority with members voting as follows: Mrs. Rigerman - for Mrs. McKone - for Mr. Laws - for Mrs. Thurm - against Mr. McMillin - for There being no further business the meeting was adjourned at 8:20 P.M. Approved this k - �!Y+ �D day of 00_ , 1997. Ann Thurm, Chairperson Susan Chapman, Secretary