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HomeMy WebLinkAboutMinutes 07-29-2002City of Cape Canaveral Board of Adjustment Meeting Minutes July 29, 2002 A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 29, 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 Robert Laws Ronnie Farmer Connie McKone Paula Collins Chairperson Vice Chairperson 1 st Alternate OTHERS PRESENT Bea McNeely Leo Nicholas Charlie Crawford Thomas Bubb Susan Chapman Ex- Officio Member Planning & Zoning Board Member City Attorney Assistant Building Official Board Secretary All persons giving testimony were sworn in by Charlie Crawford, City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of June 24 2002 Motion by Mr. McMillin, seconded by Mr. Laws to approve the meeting minutes of June 24, 2002 as submitted. Vote on the motion carried unanimously. 2. Variance Request No. 02 -09 to Allow Two Roof Overhangs to Protrude 2 ft 10 in. into the Required Side Setback at 127 & 129 Ocean Garden Lane Patrick and Jennifer Wigglesworth David and Kathy Reed Property Owners Patrick and Jennifer Wigglesworth, David and Kathy Reed testified that the plans were submitted to the Building department in December and approved by the City when the building permit was issued; the overhangs were constructed and a truss inspection revealed that the overhangs were too large, the Building Official had advised that the details for the overhang were not initially provided on the plans; the overhangs did not protrude on neighboring properties; the overhangs were located on the side entrances; and it would cost approximately $800 per overhang to bring them into compliance; they had paid the city $500 for the construction plan review; they should have been informed by the city plans reviewer that additional information was requested prior to the permit being issued. Tom Bubb, Assistant Building Official testified that an outside plans reviewer hired by the city had reviewed the plans; he had discovered the problem with the overhang during the inspection; the prints were ambiguous; the submitted truss drawings did not match what was constructed. The Board members reviewed the submitted construction plans. Mr. Bubb depicted the overhangs from the submitted construction plans. Mrs. Wigglesworth further testified that she did not know that the plans reviewer was looking for dimensions of the overhangs during the plan review and noted that the drawings were to scale. Mr. Wigglesworth reiterated that the building permit was issued based on the plans reviewer approving the submitted construction plans. Board of Adjustment Meeting Minutes July 29, 2002 Page 2 Charlie Crawford, City Attorney advised that the city code suggests that the Board not grant any special privilege that is denied to other lands, structures or dwellings in the same district. Mr. Crawford directed the Board through the Variance process as depicted in the city code. Chairperson Rigerman read a letter into the record, from Mr. William Bennix, an adjacent property owner, (Exhibit A), stating his opposition to the variance as it would lower the value of his property. City Attorney Crawford advised that no one could cross - examine the contents of Mr. Bennix's letter as he was not present at the meeting. Mr. Harold Hunter responded that the letter authorized him to act on Mr. Bennix's behalf. Carl Maag, 130 Ocean Garden Lane, testified that his property was the closest to this townhouse. He was a member of the associations construction development committee, he and three other committee members had reviewed the plans, they were aware of the city setbacks, questioned the overhangs with the property owners, and had approved the drawings knowing that the overhangs were encroaching. Ronald Schaffer, 128 Ocean Garden Lane, testified that he lives directly across the street from this new townhome and personally had no objection to the overhangs. He responded to the letter from Mr. Bennix and advised that the property was a perpetual easement, a retention pond for the community, and approved by the St. Johns River Water Management District, and it was the Associations responsibility for the maintenance of the property. Mr. Schaffer advised that the Association was under the impression that the property would eventually be turned over to the Association by the developer (Mr. Bennix). The Board members held discussion and voiced their various opinions. Mr. Nicholas, Planning & Zoning Board member responded to Mr. Farmer's inquiry regarding why he was the only Board member that had recommended that the Variance be denied. Mr. Nicholas responded that the overhangs were a code violation and he heard no testimony at this meeting that would have swayed his decision. Mr. Laws voiced his opinion that $800 to correct the violation was not a hardship and the request did not meet the requirements for a Variance because the petitioners built the overhangs. Mr. McMillin stated that he did not care about personal opinions; before construction began the Association and petitioners knew there was an encroachment and this was verified by sworn testimony at this meeting; and read the first paragraph of Section 110 -538, Encroachments of the city code. Mrs. Rigerman explained that this Board could not grant a Variance for a self- imposed hardship because granting this Variance could set a precedence for someone else at a later date with similar circumstances. Mr. Farmer added that the Planning & Zoning Board recommended approval of this request. He voiced his opinion that they should be able to do what they want on their own property. Ms. McKone questioned the petitioners as to what information they had received in writing from the building department during plan review about how and what issues needed to be addressed. Mrs. Wigglesworth responded no information was requested for the overhangs. Ms. McKone voiced her opinion that a Variance was not the solution. Attorney Crawford verified that the request went through the correct process. Motion by Mr. McMillin, seconded by Mr. Laws to deny Variance Request No. 02 -09 due to the fact that the Request did not meet the requirements of Section 110 -92, (a) & (b) of the Cape Canaveral Code. Vote on the motion was as follows: Mr. Farmer, against; Mr. Laws, for; Ms. McKone, for; Mr. McMillin, for; and Ms. Rigerman, for. Motion carried by majority. Board of Adjustment Meeting Minutes July 29, 2002 Page 3 There being no further business, the meeting was adjourned at 8:25 p.m. Approved this y pp 3 — da of , 2002. Marilyn Riger an, hairperson Susan L. C n, Boa 'M Secretary