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City of Cape Canaveral
• Board of Adjustment
Meeting Minutes
July 25, 2005
A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 25, 2005
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 Chairperson
Connie McKone
Paula Collins
MEMBERS ABSENT:
Earl McMillin Vice Chairperson
Robert Laws
OTHERS PRESENT:
Susan Chapman Board Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Robert Hoog Mayor Pro Tern
Bea McNeely Ex-Officio Member
Leo Nicholas . Planning &Zoning Board Member
All persons giving testimony were sworn in by Anthony Garganese, City Attorney.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of June 27, 2005.
Motion by Connie McKone, seconded by Paula Collins to approve the meeting minutes
of June 27, 2005. Vote on the motion carried unanimously.
2. Special Exception Request No. 05-03 to Allow a Communication Tower in the
M-1 Zoning District, (350 Imperial Blvd.) - Section 15, Township 24 South, Range
37 East; Part of Gov't Lot 2 &All of Parcel 816.0-Sheryl Denan, Representative
for Verizon Wireless, Designated Agent.
Laura Bellflower, Land Planner and Attorney, representing the Petitioner, testified that
Verizon,Wireless was requesting a Special Exception to allow a 160 ft. tall Monopole
communication tower in the M-1 zoning district. She explained that there is a need in
this area to enhance wireless communications; the leased property is surrounded by M-1
zoning and is located a considerable distance from any residential; the tower base will
be surrounded by chain link fencing with privacy slats; the tower is designed to
accommodate three additional antennas; and the pole will be equipped with a lightning
rod protector.
Board of Adjustment O O
Meeting Minutes
July 25, 2005
Page 2
Discussion was held regarding landscaping. Ms. Bellflower testified that the compound
is not visible from any residential or roadways; the leased area is limited,and
landscaping would only hide the chain link fence; the leased property is located next to
an industrial building, therefore, if landscaping is required they are asking the Board for a
waiver of the requirement. Discussion followed.
The Board members reviewed the submitted site plan. City Attorney, Anthony
Garganese, explained that the ground locations for supplemental carriers would not
need an additional special exception within the leased area, as shown on the submitted
site plan. However, if State law requires expansion of the compound, and supplemental
leased area is needed, then an additional special exception will be required.
Sharon Roberts, citizen, advised that reception is very bad just South of Jetty Park and
she encouraged the Board to approve this request.
Motion by Connie McKone, seconded by Paula Collins, to approve Special Exception
Request No. 05-03, with the following conditions:
O City code landscaping requirements are waived.
o The project shall comply with all setback requirements.
o The Special Exception is limited to the leased portion of the property, as
shown on the submitted site plan.
3. Reconsideration of a Condition: Special Exception No. 05-02 (Sea Shell Cay
Town homes) -All Shores Construction & Development, Inc./James E. Morgan,
Petitioner.
_ Todd Peetz, City Planner, explained the nature of the request, because the applicant
was not present at the meeting. Chairperson Rigerman voiced her concern and the
Public Works Director's concern with access on N. Atlantic Avenue. Todd Peetz advised
that having all the access on Sea Shell Lane would not work with the configuration of the
lot and the building. Anthony Garganese, City Attorney, advised that the burden is on
the applicant to make his case. He explained that it was not staffs position to advocate
the request for the applicant. Chairperson Rigerman noted that Mr. Morgan's son had
testified that access on Sea Shell Lane would be workable.
Motion by Marilyn Rigerman, seconded by Paula Collins, to postpone this item until City
staff reschedules the request. Vote on the motion carried unanimously.
There being no further business the meeting was adjourned at 8:50 p.m.
Approved this 02-9 day of `'`� ,�.� , 2005.
Ma lyn Rige n, C airperson ( .
`�► � _� •
Susan -•- an a o.rd Secretary