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HomeMy WebLinkAboutMinutes 05-13-2002City of Cape Canaveral Board of Adjustment Meeting Minutes May 13, 2002 A Meeting of the City of Cape Canaveral Board of Adjustment was held on May 13, 2002 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 Earl McMillin Ronnie Farmer Robert Laws Connie McKone Chairperson Vice Chairperson MEMBERS ABSENT: Paula Collins 1st Alternate OTHERS PRESENT Bea McNeely Mark McQuagge Tom Bubb Susan Chapman Ex- Officio Member Assistant City Attorney Acting Building Official Secretary Attorney McQuagge swore in all persons giving testimony. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of August 13 2001 Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of August 13, 2001 as submitted. Vote on the motion carried majority, with Mr. McMillin abstaining since he was not present at that meeting. 2. Special Exception Request No. 02 -01 to Allow Residential Use in the C -1 Zoning District, (113 & 115 Buchanan Avenue), Block 65, Lots 7 & 7A Avon by the Sea Subdivision - Martin Greene, Designated Agent for John Pierce Property Owner. 3. Special exception Request No. 02 -02 to Allow Residential Use in the C -1 Zoning District, (Madison Avenue), Block 13, Lot 13 Avon by the Sea Subdivision - Richard Biery and Richard Castillo, Property Owners Board of Adjustment Meeting Minutes May 13, 2002 Page 2 City Attorney, Mark McQuagge announced that these special exception requests need to be renoticed due to the Florida Today newspaper misprinting the legal notice. Therefore, at no fault by the City, the owners within 500 ft. radius of these requests would be renoticed and a corrected legal advertisement would be published. The Secretary polled the Board members to inquire if they would be available to consider these requests on June 10th. All Board members concurred with that meeting date. Chairperson Rigerman advised the audience that these two requests are removed from this Board meeting Agenda and are rescheduled for June 10th and that property owners within a 500 ft. radius would be renotifed. 4. Special Exception Request No. 02 -03 to Allow Outside Storage of Aggregates, Parcel 8, Section 15, Township 24 South Range 37 East - Randy May, Designated Agent for Civil and Marine, Inc. Property Owners The Board merVbers thanked the Building department for providing a color -coded map depicting the properties affected by these special exception requests. Chairperson Rigerman noted that these requests may affect properties that had an existing special exception. Mr. Mays testified that this request was to allow aggregates of granite, lime rock and pumice, depicted in the yellow highlighted areas on Exhibit A. He pointed out that this property had an existing Special Exception granted (Special Exception 98 -03). Mr. Mays agreed to provide a landscape berm around the piles of aggregate and landscaping around the perimeter of the property; the piles would not exceed 38 ft. in height; and he agreed to install sprinklers to prevent the aggregate from blowing. Mr. Mays noted that well water would be used to run the sprinklers. Chairperson Rigerman asked for comments from the audience. There being none, the Chairperson explained that the requests would be presented by the petitioner at this time, then the Board would go back and vote on each of the requests. 5. Special Exception Request No. 02 -04 to Allow Outside Storage of Aggregates a Portion of Parcels 2, 3 & 6, Section 15, Township 24 South Range 37 East - Randy May, Designated Agent for Canaveral Bulk Terminal Inc Property Owners Mr. Mays testified that he agreed to all the recommended conditions of approval placed by the Planning & Zoning Board. He advised that the hours of operation would be 7:00 a.m. - 6:00 p.m., closed Sundays and Holidays; the products (aggregate) would be transported into the Port on ships, unloaded onto a conveyor system to its on -site location, and then the products would be distributed by trucks. He advised that the conveyor was encased to reduce noise and to keep the product on the conveyor. Mr. May testified that the Port Authority had approved the conveyor system. A lengthy discussion followed. Mr. Nicholas, member of the Planning & Zoning Board (P & Z ), advised that the information regarding the conveyor was not provided to the P & Z Board, which he believed may have had an impact on their consideration and conditions forwarded to this Board for recommended approval. Board of Adjustment Meeting Minutes May 13, 2002 Page 3 6. Special Exception Request No. 02 -05 to Allow Outside Storage of Vehicles Containers, Military Cargo and Stevedoring Gear, on a Portion of Parcel 3, Section 15, Township 24 South Range 37 East - Randy May, Designated Agent for Ambassador Services Inc Property Owners Motion by Mr. Laws, seconded by Mr. Farmer to return all three special exception requests (02 -03, 02 -04 & 02 -05) back to the Planning & Zoning Board for reconsideration due to the fact that the Planning & Zoning Board was not informed of the conveyor system which may have an impact on their recommendation. Vote on the motion carried by majority with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, for; Mr. McMillin, against; and Ms. Rigerman, for. Chairperson Rigerman advised the applicant that he needed to provide additional information pertaining to the noise level of the conveyor, hours of operation, and a copy of the Port Authority minutes approving the conveyor system. There being no further business, the meeting was adjourned at 8:15 p.m. - Approved this 1L-� day of 2002. Marilyn Ri rman, Chairpers Susan L. Chapman, Boar Secretary