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HomeMy WebLinkAboutMinutes 04-12-2004City of Cape Canaveral Board of Adjustment Meeting Minutes April 12, 2004 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 12, 2004 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 Paula Collins Chairperson Vice Chairperson 1 st Alternate MEMBERS ABSENT: Connie McKone OTHERS PRESENT Susan Chapman Bea McNeely Deborah Nutcher Todd Peetz Leo Nicholas Todd Morley Board Secretary Ex- Officio Member Assistant to the City Attorney City Planner Planning & Zoning Board Member Building Official All persons giving testimony were sworn in by Deborah Nutcher, Assistant to the City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of February 23, 2004. Motion by Mr. Farmer, seconded by Mr. Laws to approve the meeting minutes of February 23, 2004. Vote on the motion carried unanimously. 2. Special Exception Request No. 03 -07 to Allow Multi - Family Residential Use in the C -1 Zoning District, (Holman Road), Section 26, Township 24 South Range 37 East Lots 26 & 27 - James M. Jr. and Elizabeth C Venable Petitioners Mr. McMillin, stated for the record that he was handed a note from legal counsel informing him of voting conflict provisions of Florida Statutes with which he was familiar. He advised that he attended all of the Planning & Zoning Board meetings concerning Mr. Venable's application, he lives on Holman Road, he does not have a financial conflict, the reason he attended all of the meetings was to make sure that the City did not make an error because they did not know and still did not know where the boundary is between C -1 and R -1 zoning districts South of Holman Road. He was satisfied with the research performed by Mr. Peetz revealing that Mr. Venable's property was in the C -1 zone. He stated that he did not have a voting conflict. Board of Adjustment Meeting Minutes April 12, 2004 Page 2 Mr. Venable, Petitioner, testified that the property was located on Holman Road and is located in the back part of the C -1 property where the Tea Room and Hertz Rent -a -Car was located; the property was unique because it was located between C -1 and R -1 zoning; the purpose of the petition was to allow a gradual transition between the zoning districts by constructing multi - family; the proposed density was less than allowed by city code; he may decide to construct a lesser amount of units than the eight units depicted on the submitted conceptual site plan; he believed the special exception would be advantageous to everyone; it would prevent any commercial building up to 45 ft. in height from being constructed; the units will be an asset to the neighborhood. He advised that he would use curb -side trash service and verified whatever he does would meet the requirements of the city code, including adequate buffering. Mr. Peetz, City Planner, testified that the applicant has applied to construct eight units on property that allows ten units at maximum density. The City would be going through some administrative comprehensive plan amendments and rezonings to ensure the depth of the C -1 zoning district is met, per the City Council direction. Mr. Peetz verified the identified property in which the special exception was being sought. Mr. Peetz advised that the comment by the fire department regarding turning radius would be addressed during the site plan review process. Mr. McMillin voiced his concern that Fantasia Fantasy Golf has overflow lighting. Chairperson Rigerman responded that the city code has provisions to address overspill lighting through code enforcement. Mr. Peetz advised that landscaping, parking and buffering would be addressed during site plan review process. Mr. Venable advised that the City Manager informed him that the recommendation by the Planning & Zoning Board was to allow multi - family use, not limited to a certain number of units, not townhomes or condominiums, but recommended multi - family residential per the R -2 code. Mr. McMillin advised that city staff and the Planning & Zoning Board had reviewed, held discussion and based their recommendation on the information that had been submitted for eight condominium units. Mr. McMillin advised that at the third P & Z meeting, Mr. Venable said he would like the alternative of constructing six townhouses rather than eight condominiums and the P & Z minutes indicated that his request was lawful. Mr. McMillin disagreed with the City Attorney because city staff reviewed a certain submittal. Mr. Venable verified that the City Manager contacted him after the last P & Z meeting and told him that the approval was conceptual, approval is for multi - family, they were not approving the numbers, and he could construct what was allowed in the R -2 zoning code. The Board members disagreed with the City Manager and questioned why the City does not rezone the property. Mr. Morley, Building Official, gave examples of differences between townhomes and condominiums. Ms. Nutcher, Assistant to the City Attorney, responded that she knew that the City Attorney and Assistant City Attorney advised her that at this point, the project is at its conceptual stage and more detail can be involved at the site plan stage. At this point, the issue is whether to allow multi - family residential use in the C -1 district and not the specifics of how many units or what kind. She reiterated that the specifics would be during the site plan process. Mr. McMillin responded that this means after all the residents that were notified of this request go away, according to the City Manager and City Attorney, Mr. Venable can construct what is allowed in the R -2 code and not what was presented at the meetings. Mr. Venable responded that the neighbors should be happy to have eight or less units rather than more. Mr. McMillin questioned why the Board for the past ten years that he has served has been doing this wrong and why were they looking at all this paperwork for a certain type of plan and now they f ind out that it is just conceptual. Discussion continued. Board of Adjustments Meeting Minutes April 12, 2004 Page 3 Ms. McNeely, Chairperson of the Planning & Zoning Board, advised that it was the understanding of the P & Z Board that this request was for no more than eight units. Mr. McMillin clarified that Mr. Nicholas had made a motion that the request be granted as stipulated in the request and that is what was recommended to the Board of Adjustments. Mr. Venable commented that the City Manager apprised him of the fact that it was an inappropriate approval and that it was a conceptual approval and not just the numbers and the Attorney was telling them the same thing. Discussion continued. Motion by Mr. McMillin, to grant the special exception for eight condominiums, as recommended by the Planning & Zoning Board. Discussion followed regarding the special exception process. Motion died for lack of a second. Motion by Mr. McMillin, seconded by Mr. Laws, that he be granted to do whatever is permitted in R -2 zoning on C -1 property. Discussion followed. Mr. Venable advised that the property is zoned C -1 and directly next to it is residential and a special exception will allow more desirable construction next to the residential. Motion carried by a (4) to (1) vote with members voting as follows: Ms. Collins, for; Mr. Farmer, for; Mr. Laws, for; Mr. McMillin, for; and Ms. Rigerman, against. 3. Special Exception Reguest No. 04 -01 to Allow Outside Storage of Recreational Vehicles and Boats in the C -1 Zoning District Section 14 Township 24 South Range 37 East, West 70 ft. of Parcels C & D Tutens Subdivision - Howard and Betty Gould, Petitioners. Mr. and Mrs. Gould, Petitioners, testified that they wanted to continue storing recreational vehicle and boats on the western 70 ft. of their property which is what they have been doing for approximately 20 years; they had gone through some process 20 years ago and thought they were granted a special exception for the use but no one can find the paperwork. Mrs. Gould advised that the storage area started for their tenants in the trailer park for safety reasons and now the city has a lot of condominium complexes that do not allow for parking or storage, so they are providing a service to the citizens of the city, as well as their own tenants. Discussion followed regarding comments by city staff. Mrs. Gould noted that the Planning & Zoning Board asked them to provide a buffer to block the outside storage from the street. Mrs. Gould offered to install Oleanders as a buffer as highlighted on the submitted site plan. Mr. Gould advised that the Oleanders would be planted outside the 70 ft. area to allow the RVs sufficient turning radius. Discussion followed. Mrs. Gould verified that their was fire department access provided off of Central Boulevard and through the park from N. Atlantic Avenue; they maintain the roadway and weedwack around the recreational_ vehicles. The Board members -- reviewed photographs of the property. Mr. Gould verified that there were no vertical obstructions. Mrs. Gould verified that all the vehicles were properly tagged with the exception of one that was being worked on; they would not pave the road or the area where the vehicles are being parked; the Oleanders would be planted to create a dense buffer to block the view from the street. Mr. Gould noted that he would contact the city regarding providing reclaimed water to where the Oleanders would be planted. Board of Adjustment Meeting Minutes April 12, 2004 Page 4 Motion by Mr. McMillin, seconded by Mr. Laws to approve Special Exception Request No. 04 -01 with the following conditions: A hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed North of the dumpster. Chairperson Rigerman moved to amend the main motion to include that the storage of vehicles be prohibited outside the 70 ft. area. Motion was seconded by Mr. Laws. Vote on the amendment carried unanimously. Vote on the main motion, as amended, carried unanimously. 4. Request for Time Extension - Special Exception Request No 02 -11 Marie Ann Villas - Norman Boucher, Applicant. Mr. Peetz, City Planner, testified that this property was located on the corner of Poinsetta, Madison and Monroe Avenues; the Special Exception was approved by the Board on February 24, 2003; and Building Permits have been issued to begin construction. Motion by Mr. Laws, seconded by Mr. McMillin to approve the time extension as requested. Vote on the motion carried unanimously. 5. Request for Time Extension - Special Exception Request No. 02 -14 Villas at the Port - William Gibson, Applicant. Mr. Peetz, City Planner, testified that this property was located on North Atlantic Avenue across from Villages of Seaport; the Board approved the Special Exception on February 24, 2003; and the site plan is currently under review with city staff. Motion by Mr. Laws, seconded by Mr. McMillin to approve the time extension as requested. Vote on the motion carried unanimously. 6. Request for Time Extension - Special Exception Request No. 02 -16 Perlas Del Mar - John Allen, Applicant. Mr. Peetz, City Planner, testified that this property was located on North Atlantic Avenue and Canaveral Boulevard; the Board approved the Special Exception of March 24, 2003; and the site plan was approved in August, 2003 and pre- construction meeting with staff was held in March, 2004. Motion by Mr. Laws, seconded by Mr. Farmer to approve the time extension as requested. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes April 12, 2004 Page 5 7. Request for Time Extension - Special Exception Request No 02 -15 Majestic Bay - Daniel Green, Applicant. Mr. Peetz, City Planner, testified that the property was located on North Atlantic Avenue just South of the Wachovia Bank; the Board approved the Special Exception on March 24, 2003; and the project was currently under construction. Motion by Mr. Laws, seconded by Mr. Farmer to approve the time extension as requested. Vote on the motion carried unanimously. 8. Request for Time Extension - Special Exception Request No 03 -01 Oak Lane Townhomes - Don Haynes, Applicant. Mr. Peetz, City Planner, testified that the property was located on the west end of Oak Lane behind the Circle K on North Atlantic Avenue; the Board approved the Special Exception on April 14, 2003; and the current status of the project was inactive. Mr. Don Haynes, applicant, testified that he decided to construct another project first; the conceptual plan included 10 buildings with two -units in each building; he can not get a site plan approved and build all twenty units within one year. Motion by Mr. McMillin, seconded by Mr. Laws to approve the time extension as requested. Vote on the motion carried unanimously. 9. Request for Time Extension - Special Exception Request No 02 -08 Canaveral Woods aka Ocean Woods West - Jason Schaefer Applicant Mr. Peetz, City Planner, testified that the property was located on North Atlantic Avenue and Ocean Woods Boulevard; the Board approved the Special Exception on September 23, 2002; and the project was currently under construction, nearing completion. Motion by Mr. McMillin, seconded by Mr. Farmer to approve the time extension as requested. Vote on the motion carried unanimously. DISCUSSION A lengthy discussion was held regarding granting of special exceptions and imposing specific conditions of approvals. Assistant to the City Attorney, advised that the Board could not impose a condition to limit the number of units if the city code allows for a maximum number of units beyond what the applicant is requesting. She clarified that the applicant can build up to the maximum number of units allowed by the city code. Discussion was held regarding interpretation of expiration of special exceptions Mr. McMillin read a portion of City Council's March 2, 2004 minutes, where Ms. McKone addressed the Council regarding the Board's concerns. Mr. Todd Morley, Building Official, responded that staff would provide the Board members with the most recent quarterly report outlining the existing traffic analysis. Mr. McMillin advised that the thrust of the letter was to advise City Council of a concern regarding changing the character of the Cih/ from Commercial to residential The B o a r d men r l �AeA 4-h `4- , �+ ivei S wnC�uucu a I L �.ny Council was not concerned. Board of Adjustment Meeting Minutes April 12, 2004 Page 6 There being no further business the meeting was adjourned at 9:10 p.m. Approved this ,t a day of C: 2004. Marilyn Rigermah. Chairperson ry- Susan C oard Secretary