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HomeMy WebLinkAboutMinutes 03-24-2003City of Cape Canaveral Board of Adjustment Meeting Minutes March 24, 2003 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 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 Chairperson Vice Chairperson Paula Collins 1 st Alternate (Excused) OTHERS PRESENT Bea McNeely Leo Nicholas Jeffrey Buak Tom Myers Susan Chapman Ex- Officio Member Planning & Zoning Board Member Assistant City Attorney Assistant City Planner Board Secretary All persons giving testimony were sworn in by Jeffrey Buak, Assistant City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of February 24 2003 Motion by Mr. McMillin, seconded by Mr. Laws to approve the meeting minutes of February 24, 2003, as corrected. 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. (Postponed for Additional Information at Previous Meeting The Board members reviewed the submitted site plan depicting the existing businesses. Discussion followed regarding the various types of businesses and hours of operation. Ms. McKone voiced her concern that parking for the existing businesses should take priority of a new proposed business that would impact the existing parking concern; and that granting this request would set a precedence for other similar requests in the future. Mr. Farmer pointed -out that the only issue was that there is not enough parking for this business. Assistant City Attorney, Jeffrey Buak, advised that the Board should look at the site and existing conditions. He pointed out that Section 110 -492 of the City code allowed for off -site parking, and explained that it was up to the applicant to find parking off -site if its available. Board of Adjustment Meeting Minutes March 24, 2003 Page 2 Mr. McLaughlin, Petitioner, submitted photographs that he had taken during his proposed hours of operation of the site. (Exhibit A). He advised that his businesses would be located between Canaveral Meats and DiLorenzo's. He clarified that the primary business was going to be a coffee shop with 25 seats. He would also sell collectible outdated beer, along with beer for on- premise consumption. His hours of operation would be 9 a.m. - 5 p.m., Monday- Friday. He noted that he was presently running his business from his garage at his home on Ridgewood Avenue. Mr. McLaughlin clarified that the State required that he have a license to re -sell the beer. Chairperson Rigerman pointed -out that the restaurant license required that 51 % of sales be from food and not alcoholic beverages. Bea McNeely, Ex- Officio member advised that the Planning & Zoning Board recommended an Ordinance be adopted to require new businesses serving beer and /or wine to sign an affidavit that the agree and will verify the sales of food will be at least 51 % of total sales. Mr. McLaughlin noted that the collectible beer prices would sell between $1.00 and $1,500. Mr. McLaughlin advised that the city code required 25 seats for a restaurant serving beer, and he has complied with all code requirements except for parking. He noted that the property owner gave him a letter stating that there was ample parking for this business. Discussion followed regarding existing parking. Ms. McKone noted that the photographs entered as an Exhibit were photos taken after 5 p.m. The District Commander of American Legion, Post 348, voiced his objections to this new business. He was concerned with parking spaces and the business serving on- premise consumption which would take away business from the Post. Mr. Laws pointed -out that the American Legion was a private club, not open to the public, and therefore, this proposed business should not have any effect on them. Mr. Farmer advised that he has never seen a parking problem. Chairperson Rigerman clarified the parking requirements per the City code. Mr. McMillin questioned that if the existing uses were not drawing a parking problem, then why should this applicant be penalized. Mr. Myers advised that if a parking problem is determined, then this request may create a negative impact to surrounding uses. The Board member reviewed the criteria worksheet. Motion by Mr. McMillin, seconded by Mr. Laws to approve the Special Exception. Motion by Chairperson Rigerman, seconded by Mr. McMillin to amend the motion to limit the business hours to 9 a.m. -5 p.m., Monday- Friday. Brief discussion followed. Assistant City Attorney Buak clarified that a majority vote of four members in favor of the request would need to be made for the request to be granted. Vote on the amendment passed unanimously. Vote on the main motion, as amended, failed. Vote on the main motion, as amended, was as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, against; Mr. McMillin, for; Mrs. Rigerman, against. Discussion followed. Motion by Ms. McKone, seconded by Mrs. Rigerman to deny the Special Exception due to the fact the applicant did not demonstrate that the parking requirements per City code had been met with this request. Motion failed. Vote was a follows: Mr. Farmer, against; Mr. Laws, against; Ms. McKone, for; Mr. McMillin, against; Mrs. Rigerman, for. Discussion followed. Board of Adjustment Meeting Minutes March 24, 2003 Page 3 Following discussion, Chairperson Rigerman advised the applicant that he needed to determine whether or not parking met the requirements of the code. He would need to hire a professional to perform a parking count and request a rehearing before this Board, if he wished to pursue his request for Special Exception any further. Mr. McLaughlin asked for clarification. Assistant City Attorney Buak clarified for the applicant that he would need to have a detailed parking study performed, based on the number and types of existing businesses to determine if there is a parking problem. 3. Special Exception Request No. 02 -15 to Allow Residential Use in the C -1 Zoning District, Parcel 266, Section 23 Township 24 South Range 37 East - Dan Green, Property Management, Inc. Petitioner. Mr. Dan Green, Petitioner, presented his request to the Board. He testified that the request was to construct 16 townhouse units on 1.89 acres. Up scaled townhomes with two -car garages, three bedrooms, and three bathrooms. He did not believe that this request would create any negative impact. The Board viewed photographs of other properties he developed. This project was located just South of the Wachovia Bank and Northern of a trailer park. He advised that the properties to the North and West were zoned multi - family. Each unit would have curb -side can service for rubbish pick -up. Mr. Myers advised that the city will look at the whole site during the site plan review process, as one parcel, to verify the project meets all the requirements. Ms. Dorman, resident of the Harbor Oaks Condominiums advised that this project has a direct impact on her because her unit was located between 10 -12 ft. from the proposed road. Mr. Green depicted her property on the site plan and verified that her property was 20 ft. 2 in. from the property line. He advised that he wanted to install a 2 ft. landscaping buffer and /or fencing buffering the two properties. Brief discussion followed. Motion by Mr. McMillin, seconded by Ms. McKone to approve Special Exception Request No. 02 -15 with the following conditions: The density shall be the same as presented by the Petitioner with 16 townhouse units; and 2. Provide a landscape buffer that is consistent with the code as if this property was abutting commercial. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 24, 2003 Page 4 4. Special Exception Request No. 02 -16 to Allow Residential Use in the C -1 Zoninq District, Parcel 510, Section 14 Township 24 South Range 37 East - John Allen Allen Engineering, Petitioner. Mr. John Allen, Petitioner, testified that this was a Special Exception request to construct (40) 2 -story condominiums on 5.57 acres; two entrances were proposed, one on N. Atlantic Avenue, the other on Canaveral Beach Blvd.; the property was adjacent to condominiums on the East and North of this property; the units would consist of 4 bedrooms, 3 bathrooms, with a 2 -car garage, and curbside can service for trash pick -up. Mr. Allen advised that a traffic study would be submitted during the site plan process. Discussion followed regarding traffic concerns on N. Atlantic Avenue. Mr. McMillin voiced his concern that there is no left turning. Mr. Allen responded that the main access for this project is on Canaveral Beach Blvd.; and the property would be hooked - up to the city sewer system, not a pump station. Mr. Henry Cross, resident of Canaveral Breakers Annex, advised that the property had been filled with old shells. Mr. Allen advised that a soils test would determine if any earth needed to be removed prior to developing the property. He also voiced his concern regarding traffic cutting through his property. He requested a buffer area be installed between the two properties. Mr. Allen responded that three parking spaces would be provided for each unit, four extra spaces would be provided by the recreation building to accommodate any overflow parking; and a wall will be installed on the along the north, east and south property boundaries; and the roadway access points will be landscaped. Mr. Clifford Whitney, resident of Canaveral Breakers Annex, voiced his concern regarding stormwater runoff. Mr. Allen verified that some of Canaveral Breakers Annex rainwater was running onto this property and he was making provisions to accommodate their water. Assistant City Attorney Buak advised that the Board needed to determine if the information provided is competant substantial evidence, and this request would need to have four affirmative votes in favor of this request to be granted. Motion by Mr. McMillin, seconded by Mr. Farmer to grant Special Exception Request No. 02 -16. Motion to Amend by Chairperson Rigerman, seconded by Ms. McKone to approve this request with the following condition: A wall and landscaping shall be provided around the perimeter boundaries, as per the testimony of the Petitioner. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. Board of Adjustment Meeting Minutes March 24, 2003 Page 5 There being no further business, the meeting was adjourned at 9:28 p.m. Approved this da of Y , 2003. Marilyn Riger n, airperson Susan Chapman, Board Secretary