HomeMy WebLinkAboutMinutes 06-08-1998City of Cape Canaveral
Board of Adjustment
Meeting Minutes
June 8, 1998
A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 8, 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 Chairperson
Robert Laws
Connie McKone
Earl McMillin
Marilyn Rigerman 1st Alternate
Paula Collins 2nd Alternate
MEMBERS ABSENT
Ronnie Farmer Vice Chairperson
OTHER PRESENT
Beatrice McNeely
Ex- Officio Member
Kohn Bennett
City Attorney
Whitey Moran
Building Official
Susan Chapman
Board Secretary
Motion by Ms. McKone, seconded by Ms. Rigerman to approve the meeting minutes of
May 11, 1998 as submitted. Vote on the motion carried unanimously.
Whitey Moran, Building Official, T. A. Vani, Petitioner, John Morrison and Calvin
Doherty, residents of Cape Shores were sworn in by Kohn Bennett, City Attorney.
NEW BUSINESS
1. Special Exception Request No. 98 -02 to Allow Vehicle Rentals, Leasing & Sales in
the C -1 Zoning District (6799 N. Atlantic Avenue), Section 23, Township 24
South, Range 37 East - T.A. Vani, President, S & S Real Estate Development, Inc.,
Petitioner for Albert & Elizabeth Francis, Property Owners.
Board of Adjustment
Meeting Minutes
June 8, 1998
Page 2
Mr. Vani, Petitioner, testified that he was under contract to purchase the property, his
existing business had been located in Cocoa Beach for approx. 23 years, the business was
open seven days per week, hours of operation were 8:00 A.M. - 7:00 P.M., vehicles
would be washed with a bio- degradable solvent and rinsed with a typical garden hose,
the parking lot would be lit with subdued lighting, and he had agreed to install a 6 ft.
high wood fence along the western property boundary as per the Planning & Zoning
Board recommendation.
The Board members reviewed the contents of their agenda packet. Brief discussion was
held regarding ingress /egress and conditions placed by the Planning & Zoning Board.
Mr. John Morrison, President, Cape Shores Condominium Association, advised that
some residents had concerns regarding lighting and the area behind the garages. He
noted that the easement was in its natural state and used as a buffer from the noise of
A1A traffic. Mr. Vani responded that a 6 ft. high wood privacy fence would be installed
along the entire western property line and the easement would remain in its natural
state. Chairperson Thurm thanked Mr. Morrison for voicing his concerns.
Mr. Calvin Doherty, resident of Cape Shores Condominiums, voiced his personal
opinion that Cape Canaveral would gain no betterment except lights and a fence and the
City should not be involved in private sales and purchase agreements. Chairperson
Thurm thanked Mr..Doherty for his comments.
Motion by Mr. McMillin, seconded by Ms. Rigerman to approve Special Exception
Request No. 98 -02 as follows:
Findings of Fact Albert and Elizabeth Francis were the owners of the real
property described in the Petition and T. A. Vani, President of S & S Real Estate
Development, Inc., was the designated agent. 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 was consistent
with the goals, objectives and policies of the Comprehensive Plan; was consistent
with the intent of the C -1 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 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.
Board of Adjustment
Meeting Minutes
June 8, 1998
Page 3
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 -334 (c)(9) 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 T. A. Vani, Petitioner, was granted the requested special exception with
the following limitations, restrictions and conditions:
Operating hours shall be limited to 7:00 A.M. - 8:00 P.M.
2. All trucks and trailers shall be stored at the rear of the property.
3. The special exception was granted to S & S Express Car Rental only.
4. A 6 ft. high wood privacy fence shall be installed along the entire western
boundary.
5. - Mechanical and vehicle maintenance/ repair is prohibited.
6. Washing, rinsing and vacuuming only. (No solvents, degreasers, auto car
wash, or steam cleaning.)
7. Detailing vehicles is prohibited.
8. Public address system is prohibited.
Vote on the motion carried unanimously, as amended.
There being no further business, the meeting was adjourned at 8:02 P.M.
Approved this 12th day of October, 1998.
Susan L. Chapman
Susan L. Chapman, Secretary
Ann Thurm
Ann Thurm, Chairperson