HomeMy WebLinkAboutMinutes 05-08-2000City of Cape Canaveral
Board of Adjustment
Meeting Minutes
May 8, 2000
A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 8, 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
Ronnie Farmer
Robert Laws
Connie McKone
Earl McMillin
Paula Collins
Chairperson
Vice Chairperson
1st Alternate
OTHER PRESENT
Beatrice McNeely
Kohn Bennett
Greg Mullins
Susan Chapman
Ex- Officio Member
City Attorney
CE Officer /Bldg. Inspector
Acting Secretary
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
April 24, 2000 as submitted. Vote on the motion carried unanimously, with Connie
McKone abstaining due to the fact that she was not present at the meeting.
Kohn Bennett, City Attorney sworn in all persons giving testimony.
NEW BUSINESS
1. Special Exception Request No. 00 -03 to Construct a 2 -Unit Townhouse in the C -1
Zoning District, Lots 1 -3, Block 1, Avon by the Sea Subdivision, Section 23,
Township 24 South, Range 37 East, (Corner of N. Atlantic and Washington
Avenues) - Petitioner was A.L. Baureis, Authorized Agent.
Mr. Baureis testified that he was requesting a special exception to construct a townhouse
in the C -1 zoning district. He noted that his customer had a difficult time finding
reasonable size property for around $60,000. He further testified that the townhouse
would be constructed on lots 2 & 3 only. He advised that Lot 1 would only be
landscaped because of the required 50 ft. setback along N. Atlantic Avenue. The Board
reviewed the minutes from the Planning & Zoning Board meeting regarding vegetative
buffering. Brief discussion followed.
Board of Adjustment
Meeting Minutes
May 8, 2000
Page 2
Ms. Rigerman asked if there was anyone in the audience that wished to speak regarding
this request. Ms. Claudia Molloy, 110 Adams Avenue, commented that little by little,
the properties zoned commercial seemed to be being developed as residential.
Her commercial business was surrounded by residential. She was not opposed to this
special exception request. Mr. Dennis Warren, 108 Washington advised that he lived in
a townhouse across the street from this request. He advised that the owner of this
property was a locksmith and questioned about mixed -use occupancy. City Attorney
Bennett verified that the property owner would need to obtain a home occupation
license in order to run a business from his home. He noted that any property owner had
the same opportunity. Brief discussion followed.
Motion by Mr. McMillin, seconded by Mr. Farmer to approve Special Exception Request
No. 00 -03 as follows:
Findings of Fact: A.L. Baureis is the authorized agent of the real property
described in the Petition. The property is located in the C -1 zoning district
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, in that, the request complies with the City Code of
Ordinances. This special exception is consistent with the goals, objectives and
policies of the Comprehensive Plan; is consistent with the intent of the C -1
zoning district; this request does 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 C -1 zoning district;
no unusual police, fire or emergency services will be required; all the
w requirements of the zoning district are 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 -334, Paragraph (10) 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: A. L. Baureis is granted the special exception with the following noted
limitations, restrictions and conditions: Landscaping and Screening shall
comply with Section 110 -566 of the Cape Canaveral Code of Ordinances.
Motion carried unanimously.
Board of Adjustment
Meeting Minutes
May 8, 2000
Page 3
DISCUSSION:
Discussion was held regarding motions for special exceptions. Attorney Bennett
explained that the Board needs to determine that sufficient competent evidence has been
presented for the petitioner to be granted a special exception, therefore, certain verbiage
needed to be read into the record to verify same. He explained that the verbiage could
be considered during the petitioners testimony or the motion. Discussion followed.
City staff agreed to present the Board members with a check -list of criteria to be verified
by the Board and the petitioner for consideration at the next meeting.
There being no further business, the meeting was adjourned at 8:05 P.M.
Approved this 12th day of June, 2000.
Marilynn ?. Rigerman
Marilyn Rigerman, Chairperson
Susan L. Chapman
Susan L. Chapman, Board Secretary