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HomeMy WebLinkAboutMinutes 02-24-2003City of Cape Canaveral Board of Adjustment Meeting Minutes February 24, 2003 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 24, 2003 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 Jeffrey Buak Todd Peetz Susan Chapman Ex- Officio Member Assistant City Attorney City Planner Secretary Attorney Buak swore in all persons giving testimony. NEW BUSINESS Motion to Approve the Meeting Minutes of September 23 2002 Motion by Mr. McMillin, seconded by Mr. Laws to approve the meeting minutes of September 23, 2002 as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 02 -10 to Allow a Restaurant to Serve Beer in the C -1 Zoning District (Canaveral Plaza, 8147 Canaveral Blvd) - John McLaughlin Petitioner. Chairperson Rigerman advised that the application appeared to be incomplete. She voiced her concern regarding the application not meeting the requirements of the code. She questioned if staff had determined if the existing uses had adequate parking and if so, if there would be adequate parking for this request. Chairperson Rigerman advised that the submitted floor plan did not meet the required scale and the site plan did not depict where this proposed business would be located in relation to the other businesses. Mr. Todd Peetz, City Planner, responded that the property owner verified that parking was available however, staff did not verify this; based on the number of seats, nine parking spaces would be required for this requested special exception. He advised that staff would need to verify the existing uses to verify adequate parking. Mr. McLaughlin, Petitioner, testified that he provided exactly what the Building Official requested that he provide. Board of Adjustment Meeting Minutes February 24, 2003 Page 2 Assistant City Attorney Buak questioned the Board members if they could make a determination based on the information provided. The Board members reviewed and discussed the requirements for requests of special exceptions for restaurants serving beer and wine. Mr. McLaughlin explained that if he submitted a floor plan scaled to the code's requirement, the plan would take up the entire meeting room. Assistant City Attorney Buak advised that staff would review the code to see if the dimensions for a scaled drawing is in error. Vice Chairperson McMillin responded that he did not think another sketch would give the Board any additional information. Chairperson Rigerman pointed -out that there were no walls depicted on the drawing that showed the location of this proposed business. Based on the information provided, she could not determine the existing uses or if there was sufficient parking for the existing uses. She noted that according to the applicant's testimony at the Planning & Zoning Board meeting, the hours of this proposed business would be approximately the same as most of the other businesses. Mr. McLaughlin advised that the only time the parking lot was full was during AA meetings. Mr. Schildhaer, American Legion Post 348, advised that the Post was against this request. He had submitted a petition that was signed by other businesses located at 8147 Canaveral Boulevard opposing this request. He advised that parking was a problem at certain times. Discussion followed. Following discussion, the Board concluded that the staff needed to define parking for the existing uses; a site plan map needed to be submitted identifying each existing use in the building; and the applicant needed to meet with staff or the City Attorney to review the code requirements for proper submittal of this type of special exception request. Motion by Mr. Laws, seconded by Ms. McKone to postpone action on this special exception request until all noted deficiencies within the submittal are corrected. Vote on the motion carried by a (4) to (1) majority vote as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, for; Mr. McMillin, for; and Ms. Rigerman, for. 3. Special Exception Request No. 02 -11 to Allow Residential Use in the C -1 Zoning District, Block 19. Lots 5 -8 and 12 -16. (Corner of Madison and Monroe Avenues) - Norm Boucher, Petitioner. Chairperson Rigerman verified that the request was to construct (7) one -story townhomes. Mrs. Rigerman advised that a site plan was not included with the submittal. Mr. Boucher, Petitioner, responded that a site plan is not required and would be very costly at this stage to be required to provide one. Mr. Peetz, City Planner, advised that a landscape plan would need to be provided during the site plan review process, which would include buffering between this property and the commercial uses to the west. Mr. Boucher advised that he was actively working on a tentative floor plan. He submitted photographs of a similar project he had developed. Mr. McMillin noted that this property was previously granted a special exception to construct residential. Ex- Officio member, Ms. McNeely, advised that the Planning & Zoning Board could not find a grand- fathering clause in the 1996 city code when this project was originally approved and the City Attorney had advised that this property needed to reapply for a special exception to construct residential. Ms. McNeely noted however, that the P & Z Board was not entirely convinced that the previous special exception had expired. She verified that the Board was very clear as to what was being proposed. Board of Adjustment Meeting Minutes February 24, 2003 Page 3 The Board members reviewed the special exception check -list. Chairperson Rigerman advised that if the applicant had provided a site plan, the items on the check -list would be verified. Mr. McMillin responded that the Petitioner could give sworn testimony that he will comply with the requirements. Mr. McMillin read the items on the criteria worksheet. Mr. Boucher testified that a commercial use would have a more intensive impact; the property is buffered by residential on two- sides; parking and water runoff would be addressed during the site plan review process; each unit would have (2) car garages; the selling price for each unit would be between $150,000 and $160,000; adequate off - street parking; fencing would be installed for buffering; outside lighting would be installed outside the garages; a security system would be installed in each unit; trash can service would be utilized; fee simple titles; the units were single story; lot sizes are larger than the code requires; living areas were between 1,400 and 1,500 sq. ft.; concrete block construct with dimensional roof shingles; amenities would include decorative windows with tinted glass, ceramic address letters and fencing with decorative gates. Mr. Boucher noted that the site plan is required to meet all code requirements which will be verified by the City engineer and staff. Discussion followed. Ms. Cruse, resident at 213/215 Monroe Avenue advised that she was very much in favor of this request. Ms. Hale, resident at 110 Jefferson advised that this will be an improvement to the area and was very much in favor. Motion by Mr. McMillin, seconded by Mr. Farmer to grant Special Exception Request 02 -11. Brief discussion followed. Motion by Chairperson Rigerman, seconded by Mr. Laws to restrict the request to (7) one -story duplexes. Vote on the amendment carried by a majority vote as follows: Mr. Farmer, for; Mr. Law, for; Ms. McKone, for; Mr. McMillin, against; and Mrs. Rigerman, for. Vote on the main motion carried unanimously. 4. Special Exception Request No. 02 -14 to Allow Residential Use in the C -1 Zoning District. Parcel A -24, Section 14 Township 24 South Range 37 East - Kelstar Building Corporation. Martin Greene, Petitioner. Mr. Martin Greene, Petitioner, testified that the site was approximately 832 ft. in length and 150 ft. wide; the property abutted a mobile home park; landscaping and buffering would be planted during the early stages of development to allow time for growth prior to certificates of occupancy being issued; similar townhomes were constructed recently in Cocoa Beach; there would be 20 ft. between each building; 12 units per acre were being proposed; the units would consist of three bedrooms, two bathrooms and a one car garage; the living area was approximately 1,700 sq. ft.; and the units were within FHA guidelines for financing. The Board members reviewed photographs of the similar project that was just constructed in Cocoa Beach. Mr. Greene advised that access would be directly on N. Atlantic Avenue; oak trees would be planted along the 50 ft. setback adjacent to LaCantina Restaurant. Mr. Green verified that the units would be identical with the exception of the pitched roofs and a total of 34 townhouse units were proposed. Board of Adjustment Meeting Minutes February 24, 2003 Page 4 Ms. McNeely, ex -offio Board member and Chairperson of the Planning & Zoning Board advised that the P & Z Board had recommended disapproval because the proposed project was too intense and congested for this long narrow parcel of property; the applicant was reluctant to spread the units out; traffic impact on N. Atlantic Avenue could not be determined; green area was not maximized; the ownership of the road was not verified; the condition of the existing road could not determined; and there was no architectural diversity. Mr. McMillin noted that in 1982, there was a special exception proposed to construct 46 townhouse units on this same property and this applicant is proposing to construct 34 units. Brief discussion followed. Motion by Mr. McMillin, seconded by Mr. Laws to grant Special Exception Request No. 02 -14 as proposed. Vote on the motion carried by majority with members voting as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, for; Mr. McMillin, for; and Mrs. Rigerman, against. There being no further business, the meeting was adjourned at 8:57 p.m. Approved this � a y of �jjitc ,�/ 2003. Marilyn Rigeyan, Chairperson Susan L. Chapman, Secretary