HomeMy WebLinkAboutMinutes 04-24-2000City of Cape Canaveral
Board of Adjustment
Meeting Minutes
April 24, 2000
A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 24,
2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll.
MEMBERS PRESENT
Marilyn Rigerman
Chairperson
Ronnie Farmer
Vice Chairperson
Robert Laws
Building Official
Earl McMillin
Acting Secretary
Paula Collins
1st Alternate
MEMBERS ABSENT:
Connie McKone
OTHER PRESENT
Beatrice McNeely
Ex- Officio Member
Kohn Bennett
City Attorney
Dennis Franklin
Building Official
Susan Stills
Acting Secretary
Motion by Mr. McMillin, seconded by Mr. Laws to approve the meeting minutes of
February 28, 2000 as submitted. Vote on the motion carried unanimously.
Kohn Bennett, City Attorney sworn in all persons giving testimony.
NEW BUSINESS
1. Special Exception Reauest No. 00 -02 to Allow Churches & Places of Worshiti in
the R -2 Zoning District, Parcel 267, Section 14, Township 24 South, Range 37 East,
(8907 N. Atlantic Avenue), Former U.S. Postal Service Property) - Petitioner is
Space Coast Seafarers Ministry, Authorized Agent for Thomas A. Winner,
Property Owner.
Rev. Dan Bailey, designated agent, advised that he was requesting a special exception to
expand his ministry to seafarers; the former U.S. post office property would be utilized
by the seafarers to provide ministry services, recreation, snacks and hospitality for the
seafarers; telephones and computers would be provided to the seafarers so they can
communicate with their families; hours of operation would be from 9:00 a.m. -11:00
p.m., depending of the seafarers needs; staffing would be volunteer; the establishment
would be supervised at all times; there would be more than one staff person at all times;
Discussion followed.
Board of Adjustment
Meeting Minutes
April 24, 2000
Page 2
Rev. Bailey agreed that outside activity would be prohibited after 11:00 p.m. and there
would be no overnight occupancy. Chairperson Rigerman pointed out that the floor
plan did not show any place for cots or beds. He clarified that the ships provide for the
seafarers lodging. He further explained that the facility would operate at no cost to the
seafarers; affliated with Southern Baptist Convention; Rev. Bailey is an employee of the
Brevard Baptist Association, and a missionary. Mr. McMillin voiced his concern
regarding this establishment being intended primarily for a recreation facility rather
than a ministry . Attorney Bennett read the definition of a "church" and clarified that
there were no restrictions as the how the facility was specifically set -up. Rev. Bailey
clarified that there would be church services. Space Coast Seafarers Ministry has been
operating for approximately three years. Discussion followed. Attorney Bennett
clarified that this establishment would be considered a church or place of worship. Brief
discussion continued. The Building Official confirmed that all advertisement and
notification requirements had been met. Mr. McMillin voiced his opinion that this was a
recreation center not a church.
Motion by Mr. Farmer, seconded by Mr. Laws, to approve Special Exception Request
No. 00 -02 as follows:
Findings of Fact: Space Coast Seafarers Ministry was the authorized agent 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 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 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 were met with this special exception.
Conclusion of Law: That the Board of Adjustments has lawful power and
authority to grant special exceptions under special conditions and circumstances
as set forth in Section 110 -294, Paragraph (3) 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: Space Coast Seafarers Ministry is granted the special exception with no
noted limitations, restrictions and conditions.
Board of Adjustment
Meeting Minutes
April 24, 2000
Page 3
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 by majority with members voting as follows: Mrs. Collins,
for; Mr. Farmer, for; Mr. Laws, for; Mr. McMillin, against; Mrs. Rigerman, for.
DISCUSSION
1. Changing Meeting Time to 7 P.M.:
Discussion was held regarding possibly changing the meeting time to 7:00 P.M. Since
changing the time would create a problem for a few of the members, the Board agreed to
leave the meeting time at 7:30 P.M.
There being no further business, the meeting was adjourned at 8:03 P.M.
Approved this 8th day of May, 2000.
Marilynn ?. Rigerman
Marilyn Rigerman, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary