HomeMy WebLinkAboutMinutes 01-29-2001City of Cape Canaveral
Board of Adjustment
Meeting Minutes
January 29, 2001
A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 29,
2001 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
OTHERS PRESENT
Rocky Randels
Bea McNeely
Mark McQuagge
Morris Reid
Susan Chapman
Mayor
Ex- Officio Member
Assistant City Attorney
Building Official
Secretary
Motion by Mr. Laws, seconded by Mr. McMillin to approve the meeting minutes of
December 11, 2000 as submitted. Vote on the motion carried unanimously.
Attorney McQuagge swore in all persons giving testimony.
NEW BUSINESS
1. Variance Request No. 00 -07 to Extend an Elevator Shaft 3 ft. into the Required
Side Setback in the C -1 Zoning District, (7980 N. Atlantic Avenue), Lots 1 -4
Block 19, Avon by the Sea Subdivision Section 23 Township 24 South, Range 37
East - Petitioner was Tames C. Lewis, Jr.
Mr. Lewis, Petitioner, testified that Rick Stottler owned 50% of the property and he
owned 50 %. He advised that a potential tenant was interested in leasing 3,600 sq. ft. on
the 2nd floor and needed a freight elevator. Mr. Lewis presented a slide presentation of
his request. He explained that the proposed handicap lift would protrude
approximately 50" from outside of the building, similar to B.J.s Wholesale Club in
Merritt Island, if the Board members wished to see one. The cost of the lift would cost
approximately $40,000 in the proposed location. He advised that other alternatives for
placement of the elevator were not feasible because the same elevator would cost
$65,000- $75,000 to place it in a different location to meet the required setbacks. He
clarified that the proposed elevator would be utilized for both freight and handicap
persons. He advised that the proposed placement of the elevator would be most feasible
and accessible to all tenants and would not block emergency access, and he would
relocate the existing handicap spaces.
Board of Adjustments
Meeting Minutes
January 29, 2001
Page 2
The Board members complimented Mr. Lewis on his slide show presentation. Mr. Lewis
advised that all the offices on the 2nd floor met handicap accessibility requirements
however, the bathrooms would need to be renovated. He pointed -out that the City
Engineer had surveyed the building and recommended the accessibility should be
fronting A1A instead of dual accessibility from the rear of the building; the vacant lot to
the east was also in the C -1 zoning district; and the cost would be prohibited if the
elevator was placed in any other location.
Mr. Reid, Building Official, testified that The American Disabilities Act (ADA) did not
require handicap accessibility due to the age of the building. He clarified that if the
elevator was placed inside the building, it would need to be handicap accessible; and if
the existing building was substantially modified over 50 %, it would need to be brought
up to code. He suggested that as an option, a freight lift be could installed. Discussion
followed regarding various location options.
Chairperson Rigerman explained that the Board could only grant a Variance to an
applicant that did not have a self - imposed hardship. Mr. Laws added that the Board
was not responsible to address costs. Vice Chairperson Farmer commented that the
Public Works Director had voiced a concern in his staff report that there could be a
problem with the sewer line.
Mr. McMillin made the motion that the Variance be granted because the building was
constructed before Mr. Lewis purchased the property and that these unusual
circumstances were a result of others. Motion failed for lack of a second.
Motion by Mr. Laws, seconded by Mr. Farmer to deny Variance Request No. 00 -07 due
to the fact that the Petitioner did not demonstrate entitlement to the Variance. Vote on
the motion was as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, for; Mr.
McMillin, against; Mrs. Rigerman, for. Motion carried by a (4 -1) vote for the motion.
DISCUSSION
Chairperson Rigerman inquired as to the status of Mr. Mays property that was in
violation of his existing special exception. Mr. Reid, Building Official, advised that he
would need to bring Mr. Mays to the Code Enforcement Board for violation of his
granted special exception.
There being no further business, the meeting was adjourned at 8:05 P.M.
Approved this day of
2001.
Marilyn Rige an, Chairperson(
Susan L. Chapman, Board Secretary