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HomeMy WebLinkAboutMinutes 11-14-2005 O. City of Cape Canaveral • ? f. Board of Adjustment Meeting Minutes November 14, 2005 A Meeting of the City of Cape Canaveral Board of Adjustment was held on November 14, 2005 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance McKone, Chairperson, called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Constance McKone Chairperson Paula Collins Vice Chairperson Robert Laws OTHERS PRESENT: Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Bea McNeely Ex-Officio Member All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of October 27, 2005. Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of October 27, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Mr. Ronstrom, Petitioner, testified that he has owned the property for approximately 20 years; he was asking for a special exception to allow outside storage and live on premises for security purposes. Mr. Ronstrom advised that he had taken photographs of other neighboring businesses that have outside storage and explained that his property was surrounded by other properties that currently rent space for outside storage. He submitted the photographs of neighboring properties showing the outside storage. Mrs. Collins, Vice Chairperson, voiced her concern that the Planning & Zoning Board was not keen on allowing the use. She voiced her opinion that she did not like to see things stored outside. Mr. Ronstrom responded that the outside storage was not visible from the street. Ms. McKone, Chairperson, questioned what city code allowed for outside storage. Mr. Peetz, City Planner, responded that Sections 110-354 (c) (1) & (C) (12), and 110-551 allowed the use. He advised that the property needed to be maintained, and the vehicles need to remain operable and have current tags. He noted that the Building Official prefers a permanent living structure that would withstand the wind code, rather than a temporary trailer, if the Board grants the request for the 24-hour on-site security. 0 0 Board of Adjustment Meeting Minutes November 14, 2005 Page 2 Bea McNeely, Ex-Officio Member, advised that the Planning &Zoning Board viewed the special exception as two separate requests. She explained that the Planning & Zoning Board agreed that there are other options for the security; all vehicles needed to be tagged, and code enforcement would need to make an extra effort to ensure compliance. Kurt Ronstrom, Petitioner, clarified that his brother had been living at the site in the trailer for five years and utilized the bathroom inside the building. Ms. McNeely explained that the landscaping was not clear, and the Planning & Zoning Board did not know if the site met all requirements of the landscape code. She suggested that conditions be placed on the motion that the fire department has unobstructed access, and stipulate the maximum number of vehicles that can be stored. Discussion followed. Todd Peetz, City Planner, commented that Mr. Ronstrom offered an option to place the 24 hour security living quarters inside an existing building. Kate Latorre, Assistant City Attorney, clarified that the Board could split the two requests into two separate motions. Gary Schmidt, 305 Surf Drive, advised that he owns units in the vicinity of Mr. Ronstrom's property; he has known Mr. Ronstrom to 20 years; he is a good business man; an active and productive citizen in the community; he provides services needed in the community and Port Canaveral; the City has repeatedly granted residential use in commercial areas which created a need for places in the City for storage of RV's, boats, and boat trailers; the use that Mr. Ronstrom is requesting is not intrusive and is not visible from the street; the use is consistent with mini-storage warehouse uses in the County; the use is compatible with the zoning area; the 24 hour security was the Planning & Zoning Board's main concern. He commented that Mr. Ronstrom had received a purchase offer on the property and turned it down because they wanted to use the property for an adult entertainment establishment. The Board members voiced their individual concerns regarding the request for on-site living quarters for security. Discussion followed. Motion by Robert Laws, seconded by Paula Collins, that Special Exception Request No. 05-07 for outside storage of automotive vehicles, camping equipment, boats, trailers, and recreational equipment is granted with the following conditions: 1. Property buffering and landscaping be provided. 2. Parking spaces are limited to 26 as shown on the drawing provided by the Petitioner. 3. Maintain adequate access for the Fire department. The request for 24-hour on-site security is denied. Discussion followed. Vote on the motion, as amended, carried unanimously. 0 0 Board of Adjustment Meeting Minutes November 14, 2005 Page 3 3. Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, explained to the Board why there was a request for a Variance and a request for a Special Exception for the same use. He gave an overview of the special exception request and read the newly adopted ordinance, which allowed the use by special exception. Randy May, Petitioner, showed the Board members a schematic overview of the project, depicting the property lines, and location of the conveyor system. The Board members reviewed the exhibits. Discussion followed. Motion by Robert Laws, seconded by Paul Collins, to approve Special Exception Request 05-12. Vote on the motion carried unanimously. 4. Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Ranqe 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, recommended that the Board make a motion to deny the Variance, or the Petitioner withdraw the request. Randy May, Petitioner, withdrew the request. 5. Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcel 28, D.01, D.03, and C.01, Tueton's Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Kevin Markey, Representative for the Petitioners, testified that the property was approximately 9 acres; currently there are 72 mobile home units, and outside storage of boats and RV's. He noted that the property is outside the moratorium area; the intentions of the property owners are to construct approximately 100 residential units; all landscape buffering requirements will be met. 0 0 Board of Adjustment Meeting Minutes November 14, 2005 Page 4 Bea McNeely, Ex-Officio Member, advised that the Planning &Zoning Board had voiced concerns regarding the site plan and visual impact on Commerce Street. Mr. Markey had advised the Planning & Zoning Board that he would work with City staff regarding those issues. The Board members reviewed a preliminary site plan of the proposed project. Mr. Markey responded to the Board members questions. He testified that the owners want to replace the trailer park with residential condominiums; some buildings are one story and some are two story; each unit will have an enclosed garage; the owners currently do not have an overall property survey; and they do not have an existing special exception for the trailer park because the use was existing prior to zoning being established by the City; he could not verify the total number of proposed units because the proposed project was in preliminary stages of design. Mr. Markey advised that the applicants would like to surrender the special exception if not utilized within 12 months. Todd Peetz responded that the special exception will automatically expire in 12 months if not utilized. Ms. McKone, Chairperson, questioned the impact on schools, traffic, and green areas. Todd Peetz, City Planner, responded that adding 50 units would not impact the current level of service standard for traffic; Cape View Elementary School is under capacity; and the project may help traffic on N. Atlantic Avenue by having a road cut on Central Boulevard. Motion by Robert Laws, seconded by Paula Collins, to approve Special Exception Request No. 05-13. Vote on the motion carried unanimously. 6. Discussion and Motion Regarding: Establishing New Meeting Time. Robert Laws suggested that the meeting time remain at 7:30. Following brief discussion, the Board members agreed to keep the meeting time at 7:30 in case the former members were reappointed to the Board by City Council. 7. Interview and Recommendation to City Council Re: Prospective Board Member- Catherine Barnes. Catherine Barnes, Prospective Board member, advised that she had served on the Planning & Zoning Board with Bea McNeely, and served as the Chairperson for a short- time. Now that her kids were grown, she was ready to serve on a City Board. She advised that with her experience from the Planning & Zoning Board she would be an asset to the Board of Adjustment. Motion by Robert Laws, seconded by Paula Collins, to recommend that Catherine Barnes be appointed to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION: Ms. McKone, Chairperson, questioned if a Chairperson was allowed to make motions. Kate Latorre, Assistant City Attorney, advised that she will research the question and report her findings at the next meeting. 0 0 Board of Adjustment Meeting Minutes November 14, 2005 Page 5 There being no further business the meeting was adjourned at 8:57 p.m. Approved this , 3'-d day of ut_QrY , 200, 42041-Let-- Constance B. McKone, Chairperson Lt. • ) Susan L. Chapman, Boa Secretary