HomeMy WebLinkAboutMinutes 02-09-1998City of Cape Canaveral
Board of Adjustment
Meeting Minutes
February 9, 1998
A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 9,
1998 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Thurm called the meeting to order at 7:30 P.M. The Board Secretary called the roll.
MEMBERS PRESENT
Ann Thurm
Ronnie Farmer
Robert Laws
Connie McKone
Earl McMillin
Marilyn Rigerman
Paula Collins
Chairperson
Vice Chairperson
1st Alternate
2nd Alternate
OTHER PRESENT
Beatrice McNeely
Kohn Bennett
G. J. Moran
Susan Chapman
Ex- Officio Member
City Attorney
Building Official
Board Secretary
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
October 13, 1997 as submitted. Vote on the motion carried unanimously.
G. J. Moran, Building Official and Arthur Berger, Petitioner were sworn in by Susan
Chapman, Board Secretary.
NEW BUSINESS
1. Special Exception Request No. 97 -06 to Allow Outside Storage on Vacant Parcel
785, Directly Behind 8660 Astronaut Boulevard), Section 15 Township 24 South
Range 37 East - Petitioner is Arthur W. Berger, Property Owner.
Mr. Moran advised that the Planning & Zoning Board recommended approval of this
special exception request with the following conditions: cloth screening be installed and
fastened to the fence along A1A and Commerce Street. Mr. Moran further advised that
staff had no objections to the granting of this request. The Board members reviewed the
Planning & Zoning Board meeting minutes. Discussion followed.
Board of Adjustment
Meeting Minutes
February 9, 1998
Page 2
Mr. Berger clarified that no heavy equipment would be stored. He explained that the
area would be fenced for security purposes. He agreed to provide screening and
plantings along A1A and Commerce Street. Brief discussion continued.
Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request
No. 97 -06 as follows:
Findings of Fact Arthur 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 would not adversely affect the public
interest. This special exception was consistent with the goals, objectives and
policies of the Comprehensive Plan; was consistent with.the intent of the M -1
zoning district; this request would not create any adverse impacts to adjacent
I 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 this special exception.
Conclusion of Law That the Board of Adjustment has lawful power and
authority to grant Special Exceptions under special conditions and circumstances
as set forth in Section 110 -354, Paragraph (C)(1) of the Cape Canaveral Code of
Ordinances. 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 Arthur Berger was granted the requested special exception with the
following limitations, restrictions and conditions:
The fenced area along A1A and Commerce Street shall be screened.
2. Landscaping shall be installed and maintained along the fenced area
facing A1A and Commerce Street in compliance with Section 110 -566,
Landscaping and screening for commercial and industrial zoning
districts Paragraph (b), Sub - paragraphs (2)(3)(4) and (6) of the Cape
Canaveral Code of Ordinances.
3. If the use or property ownership changes, this granted special exception
shall expire.
Board of Adjustment
Meeting Minutes
February 9, 1998
Page 3
The Board Secretary read back the motion for clarification. Mr. Berger stated that he
agreed with the stipulations of approval.
Vote on the motion carried unanimously, as amended.
There being no further business, the meeting was adjourned at 7:57 P.M.
Approved this 12th day of May, 1998.
Susan L. Chapman
Susan L. Chapman, Board Secretary
Ann Thurm
Ann Thurm, Chairperson