HomeMy WebLinkAboutMinutes 06-12-2000City of Cape Canaveral
Board of Adjustment
Meeting Minutes
June 12, 2000
A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 12, 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
Robert Laws
Connie McKone
Earl McMillin
Paula Collins
Chairperson
1st Alternate
MEMBERS ABSENT:
Ronnie Farmer
OTHER PRESENT
Beatrice McNeely
Kohn Bennett
Morris Reid
Susan Chapman
Vice Chairperson
Ex- Officio Member
City Attorney
Acting Building Official
Secretary
Motion by Ms. McKone, seconded by Mr. Laws to approve the meeting minutes of
May 8, 2000 as submitted. Vote on the motion carried unanimously.
Kohn Bennett, City Attorney sworn in all persons giving testimony.
NEW BUSINESS
1. Special Exception Request No. 00 -04 to Allow Kelsey's Restaurant to Serve Beer
& Wine, Parcel 778, Section 15, Township 24 South, Range 37 East, (8699
Astronaut Boulevard) - Charlie Lagges, Petitioner.
Mr. Lagges testified that he believed his request met the requirements of a special
exception to allow him to serve beer & wine at his restaurant. He further testified that
the hours of operation would be 11:00 A.M. -10:00 P.M. Monday - Saturday and 4:00 P.M.-
10:00 P.M. on Sundays; the restaurant would have (85) seats; and (45) parking spaces.
The Board members reviewed and held discussion regarding Section 110 -171,
Establishments Serving Alcoholic Beverages of the city code.
Board of Adjustment
Meeting Minutes
June 12, 2000
Page 2
Motion by Mr. McMillin, seconded by Ms. McKone to approve Special Exception
Request No. 00 -04 as follows:
Findings of Fact: Kyriacos Lagges 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
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 -171, Paragraph (c)(1 -4) 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: Kyriacos Lagges is granted the special exception with no noted
limitations, restrictions and conditions. 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.
DISCUSSION:
1. Discussion Re: Worksheet Criteria for Special Exceptions.
Attorney Bennett explained that the Criteria Worksheet was created by the Board
Secretary at the request of the Board as a guide to assist the members when considering
special exceptions. He advised that the worksheet was an overview of the minimum
requirements of the applicable city codes. He added that the Planning & Zoning Board
would also utilize the worksheet. Mr. Bennett clarified that if the Board prefers to utilize
the criteria worksheet during testimony and fact finding of the requests, the motion
form could be omitted. Brief discussion followed.
Motion carried unanimously.
Board of Adjustment
Meeting Minutes
June 12, 2000
Page 3
Motion by Mr. Laws, seconded by Mr. McMillin to adopt the Criteria Worksheet and
omit the motion form. Vote on the motion carried unanimously.
There being no further business, the meeting was adjourned at 8:00 P.M.
Approved this 10th day of July, 2000.
Susan L. Chapman
Susan L. Chapman, Board Secretary
Marilyn ? Rigerman
Marilyn Rigerman, Chairperson