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HomeMy WebLinkAboutMinutes 04-26-1999City of Cape Canaveral Board of Adjustment Meeting Minutes April 26, 1999 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 26, 1999 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 Ronnie Farmer Vice Chairperson Robert Laws Connie McKone Marilyn Rigerman 1st Alternate Paula Collins 2nd Alternate MEMBERS ABSENT Earl McMillin OTHER PRESENT Beatrice McNeely Ex- Officio Member Kohn Bennett City Attorney Steve Bapp P & Z Technician Susan Chapman Board Secretary Steve Bapp, P & Z Technician; Bennett Boucher, City Manager; and John Schmidt, citizen were sworn in by Kohn Bennett, City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: November 9,1998 Motion by Mrs. Rigerman, seconded by Mr. Laws to approve the meeting minutes of November 9, 1998 as submitted. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes April 26,1999 Page 2 2. Special Exception Request No. 99 -04, to Allow a Public Park in the R -3 Zoning District, (Banana River Park, a Portion a Parcel 750, Section 15, Township 24 South, Range 37 East - Petitioner is Bennett Boucher, City Manager. Mr. Bapp, Planning & Zoning Technician testified that the City was proposing to construct a public park permissible in the R -3 zoning district with a granted special exception. He advised that the use would be in compliance with the city's comprehensive plan and permissible within the intent of the zoning district. The property was located directly North of the Angel's Isle Subdivision and surrounded by the R -3 zoning district. All advertising requirements had been met. All property owners within a 500 ft. radius of this property were duly notified of the request. Mr. Boucher added that the park would be funded by grants awarded to the City by the State. The park would consist of a soccer play field, picnic area, 50 ft. access, parking area, and fencing would be installed around the entire park. He advised that there would be no restroom facilities or any other utilities other than reuse water. Mr. Boucher showed a schematic on the overhead projector of the park layout. An ensuing discussion was held regarding concerns that there would be no restroom facilities, insufficient parking, and insufficient buffering. Mr. John Schmidt, resident of Angel's Isle Subdivision stated that he was in support of the park. He voiced concerns regarding continuous and existing problems with trespassing and noise. He recommended that the sheriffs department patrol the area more frequently and the City should post signs warning people about the alligators. Mr. Edward Mariani, resident of Angel's Isle Subdivision voiced his concern that the buffering was not adequate. He also informed the City Manager that he owned and paid for the water line that the city proposed to tap into. Mr. Boucher responded that he would look into all of the concerns. Brief discussion followed. Motion by Chairperson Thurm, seconded by Mrs. Rigerman to approve Special Exception Request No. 99 -04 as follows: Findings of Fact: The City of Cape Canaveral is the owner of the real property described in the Petition. The property is located in the R -3 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. Board of Adjustment Meeting Minutes April 26,1999 Page 3 Conclusion of Law: The Board of Adjustment has lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 110 -314, Paragraph (5) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. Order: The City of Cape Canaveral is granted the special exception with the following noted limitations, restrictions and conditions: The Board encourages increased law enforcement around the proposed park location and the Angel's Isle Subdivision. Said Special Exception will run concurrently with the property as identified within the petition. Should there be a violation to any part of this Order, the Special Exception is subject to revocation according to the City Code. Vote on the motion carried unanimously. 3. Special Exception Request No. 99 -05, to Allow a Public Park in the R -3 Zoning District, (Manatee Sanctuary Park), a Portion of Parcel 750, Section 15 Township 24 South, Range 37 East - Petitioner is Bennett Boucher, City Manager. Mr. Bapp, Planning & Zoning Technician testified that the City was proposing to construct another public park in the R -3 zoning district permissible with a granted special exception. He advised that the use would be in compliance with the city's comprehensive plan and permissible within the intent of the zoning district. The property was located directly South of the Angel's Isle Subdivision and surrounded by the R -3 zoning district. All advertising requirements had been met. All property owners within a 500 ft. radius of this property were duly notified of the request. Mr. Boucher added that the park would be funded by grants awarded to the City by the State. The park would consist of a parking area, restroom facilities, boardwalk for manatee observatory, native vegetation, picnic area, and a informational kiosk. The Board members reviewed a schematic of the proposed park Mr. John Schmidt, resident of Angel's Isle Subdivision explained that his property abutted the boardwalk and requested that the City consider shifting it further South away from his property. Mr. Boucher responded that he would consider the request. Brief discussion followed. Board of Adjustment Meeting Minutes April 26,1999 Page 4 Motion by Ms. McKone, seconded by Mr. Farmer to approve Special Exception Request No. 99 -05 as follows: Findings of Fact: The City of Cape Canaveral is the owner of the real property described in the Petition. The property is located in the R -3 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. Conclusion of Law: The Board of Adjustment has lawful power and authority to grant Special Exceptions under special conditions and circumstances as set forth in Section 110 -314, Paragraph (5) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. Order: The City of Cape Canaveral is granted the special exception with the following noted limitations, restrictions and conditions: The Board encourages increased law enforcement around the proposed park location and the Angel's Isle Subdivision. Said Special Exception will run concurrently with the property as identified within the petition. Should there be a violation to any part of this Order, the Special Exception is subject to revocation according to the City Code. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 8:23 P.M. Approved this 24th day of May, 1999. Susan L. Chapman Susan L. Chapman, Secretary Ann Thurm Ann Thurm, Chairperson