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