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HomeMy WebLinkAboutMinutes 05-24-1999City of Cape Canaveral Board of Adjustment Meeting Minutes May 24, 1999 A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 24, 1999 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Thu= 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 Connie McKone Earl McMillin Paula Collins 2nd Alternate MEMBERS ABSENT Robert Laws Marilyn Rigerman 1st Alternate OTHER PRESENT: Beatrice McNeely Ex- Officio Member Kohn Bennett City Attorney Dennis Franklin Building Official Susan Chapman Board Secretary Motion by Mr. Farmer, seconded by Ms. McKone to approve the meeting minutes of April 24, 1999 as submitted. Vote on the motion carried unanimously. Dennis Franklin, Building Official; David Sargeant, Fire Chief; James Watson, Fire Marshall; James Bell, Representative for the Petitioner; Wayne Washburn, Dora Anne Thompson and Katherine Shelton, citizens were sworn in by Kohn Bennett, City Attorney. NEW BUSINESS 1. Special Exception Request No. 99 -03 to Allow Storage of Liquified Petroleum Products and Recycline: Activities at Cape Canaveral Marine Services, (350 Imperial Boulevard) - William A. Carter, Petitioner. Board of Adjustment Meeting Minutes May 24, 1999 Page 2 Mr. Bell, representative for the Petitioner explained that the request was to allow storage of bilge water, emulsions and waste from ships, not liquefied petroleum products. He advised that the product would be stored in (6) 20,000 gallon and (2) 12,000 gallon above ground tanks with a total of 164,000 gallon capacity, the product would be transported in vacuum tanker trucks, the business was licensed by the Department of Environmental Protection, Cape Canaveral Marine Services had never been cited for environmental deficiencies, the company was in business for 27 years, the facility needed to be relocated from the Port to Cape Canaveral because the present location was being demolished for the construction of a new road, the facility did not store hazardous waste, and Cape Canaveral Marine Services was in the business to preserve the environment from hazards. Mr. Bell added that the tanks would be placed in the least visible location of the property and the tanks would be painted white to match the existing facility, maintaining a clean appearance. Dora Anne Thompson advised that she owned and was selling 11 acres immediately north of this property. Ms. Thompson voiced her concerns regarding: penetration of odor, contamination and seepage into the ground water and sewer, availability of wells for testing, location of tanks and the surfaces of which they would be located. Mr. Bell responded to her concerns. Katherine Shelton, a resident of Rockledge, voiced her concern regarding the appearance of the tanks. The City Attorney explained that if the special exception was approved, the applicant would need to apply to the Community Appearance Board and Planning & Zoning Board for additional approvals. He explained the sunset provision placed on special exceptions per city ordinance. Fire Chief Sargeant added that the tanks would need to be permitted by the County and the City. Motion by Vice Chairperson Farmer, seconded by Chairperson Thurm to approve Special Exception Request No. 99 -03 as follows: Findings of Fact: Kathleen Carter and Camille Bell were the property owners of the real property described in the Petition. The property was located in the M -1 zoning classification and subject to the Land Development Regulations pertaining to said district. The granting of this special exception 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 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 May 24,1999 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 110-354, Paragraphs (6) & (7) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement tot he special exception which will not adversely affect the public interest. Order: Kathleen Carter and Camille Bell was granted the special exception with the following noted limitations, restrictions and conditions: The only type of material that will be stored is industrial water, oily water, waste fuel oil, waste oil bilge water and at no time gasoline will be allowed. MSDS sheets shall be kept on site at all times for the type of materials stored. • State Emergency Response Commission (S.E.R.C.) Tier Two registration form shall be submitted. 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 of Ordinances. Vote on the motion carried unanimously. 2. Variance Request No. 99 -08 to Increase the Number of Spaces by One Space at Cape Canaveral Trailer Village, (8515 N. Atlantic Avenue) - Plutarco A. and Alice B. Scabarozi, Petitioners. Chairperson Thurm stated for the record that she owned a mobile home park in the City and was Mayor when the City accepted the property from the Scabarozi's. She questioned the City Attorney if she would be considered having a conflict of interest. City Attorney Bennett explained that a conflict of interest would only apply if Mrs. Thurm could benefit from a financial gain if this variance was granted. Mrs. Thurm responded that she would not benefit from a monetary gain by the granting of this request. Board of Adjustment Meeting Minutes May 24,1999 Page 4 The Board members reviewed staff reports and the recommendation for approval from the Planning & Zoning Board which outlined special conditions and circumstances. Brief discussion followed. Mr. Gould, adjacent property owner stated that he had no objection to the granting of the request. Motion by Mr. McMillin, seconded by Mrs. McKone, to approve Variance Request No. 99 -08 as follows: Findings of Fact: Plutarco A. and Alice B. Scabarozi were the owners of the real property described in the Petition. The property was located in the R -2 zoning classification and was subject to the Land Development Regulations pertaining to said district. The granting of this variance request would not adversely affect the public interest. This variance was consistent with the goals, objectives and policies of the Comprehensive plan; was consistent with the intent of the R -2 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; no unusual police, fire or emergency services will be required; all the requirements of the zoning district are met with the variance. The property owners were entitled to this variance based on the following Findings of Fact: a) Special Conditions: • Applicant donated property to City in 1966. • City did not construct the proposed road. • Applicant received the property back in 1978. • Section 110 -192 established mobile home park conditions effective October 28, 1975. • Applicant did not have a chance to use her property the same as others because City had control of said property. b) Literal Interpretation: • Applicant did not have a chance to use her property the same as other because City had control of said property. Board of Adjustment Meeting Minutes May 24, 1999 Page 5 C) Special Conditions and Circumstances: The special conditions and circumstances did not result from actions of the applicant. City had control of property at the deadline (October 28, 1975). Applicant acted in good faith; donated property; and City failed to construct a road. The City gave the property back to the applicant after the deadline imposed by the City. d) Granting the Variance Does Not Confer any Special Privilege ... that Others . • Granting this Variance gives relief to the applicant to use her property as other were allowed. • Applicant could have built the mobile home before October 28, 1975 if she had had possession of her property. • Does not conflict with surrounding existing uses. • Adds only one additional space. • This is a unique circumstance because of actions by the City. CONCLUSION OF LAW The Board of Adjustment has lawful power and authority to grant variances under special conditions and circumstances as set forth in Section 110 -61 of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested variance and has demonstrated entitlement to the variance which will not adversely affect the public interest. ORDER Plutarco A. and Alice B. Scabarozi were granted the variance with no specific limitations, restrictions and conditions. Said variance will run concurrently with the property as identified within the petition. Should there be a violation to any part of this Order, the variance is subject to revocation according to the City Code. Vote on the motion carried unanimously, as amended. Board of Adjustment Meeting Minutes May 24, 1999 Page 6 There being no further business, the meeting was adjourned at 8:26 P.M. Approved this 23rd day of August , 1999. Susan L. Chapman Susan L. Chapman, Board Secretary Ann H. Thurm Ann Thurm, Chairperson