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HomeMy WebLinkAboutMinutes 01-23-2006City of Cape Canaveral Board of Adjustment Meeting Minutes January 23, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 26, 2006 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 Earl McMillin Catherine Barnes OTHERS PRESENT - -- - - Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tern Leo Nicholas Council Member Bea McNeely Ex- Officio Member Connie McKone, Chairperson, welcomed Catherine Barnes as a new Board member; and welcomed Earl McMillin back to the Board. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. Connie McKone, Chairperson, asked the Assistant City Attorney if the Chairperson was allowed to make motion. Kate Latorre, Assistant City Attorney, replied that the Chairperson can make motions. NEW BUSINESS Motion to Approve the Meeting Minutes of November 14, 2005. Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of November 14, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05 -14 to Allow Residential Use in the Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B also known as 24- 37- 14- 28- 00000.00OOA.10 A.25 A.26 and A.27 - Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners. Craig Stewart, Petitioner, testified that he was requesting a special exception to build residential in the commercial zoning district; the property is basically surrounded by residential; he wanted to build duplexes similar to the Ocean Gardens Subdivision; he was requesting less density than what is required by code; he would save as many existing trees as possible; and explained 4ckanges in his family plans to develop the property since the previous special exception was granted to construct only one unit. Board of Adjustment Meeting Minutes January 23, 2006 Page 2 Chairperson McKone questioned if the road was built to City standards. Todd Peetz, City Planner, explained that the road would need to be brought up to City standards. He noted that the Public Works Director had no comments or concerns regarding the road. He advised that the road will be reviewed during the site plan review. Craig Stewart advised that public works has installed substandard type material already. He further advised that there is existing sewer, electrical, and cable; and the water lines should be installed before the road is paved. He advised that he intended to build only 10 units, and planned to sell the lots and let someone else build. Earl McMillan advised legal counsel that that Board can not limit the number of units than what the code allows. Kate Latorre, Assistant City Attorney, responded that the Board would be remiss to allow fewer units than what the code requires. However, the Board may impose reasonable conditions. Earl McMillin rebutted that according to the City Attorney, limiting the number of units is not reasonable. Todd Peetz, cltyPlanner, advised that there are special exceptions that have been granted for a limited number of units. Craig Stewart, Petitioner, reiterated that he was only asking for 10 residential units to be approved. Kate Latorre read a portion of the City Attorney's letter, dated April, 2004, regarding establishing reasonable conditions of approval. She noted that if limiting the number of units will reduce a substantial impact, then the Board could grant a request limiting the number of units. Ray Osborne, citizen, questioned if the Board could grant approval for a single family residence in the commercial zone. Earl McMillin responded yes, the Board could and they have in the past. Ray Osborne advised that he was opposed to this special exception because this development was not good for the area. Craig Stewart rebutted that the proposed project will be similar to Ocean Gardens and Lindsey Court, which are beautiful. He stated that he does not want to build 15 units, which is allowed by code, he was only asking approval for 10 units. Ray Osborne read a letter into the record. He voiced his opinion that this request did not comply with Comprehensive Plan Section H- 9.3, and LU -5. He commented that the project is not in the best interest of the City and would not be affordable. Earl McMillin read a portion of a letter from the City Planner stating that the City should promote single family. Todd Peetz responded that the City has zoning available for single family. He noted that there was a City workshop meeting scheduled for January 31, 2006 regarding residential use in the commercial zone, and invited all Board members and the audience to attend. Robert Laws stated for the record that he loves Cape Canaveral. Bea McNeely, ex- officio member, pointed out that this request is to change the use of the land; the zoning will stay the same. Discussion followed. Motion by Robert Laws, seconded by Catherine Barnes, to grant Special Exception Request No. 05 -14. Discussion followed. Chairperson McKone advised that the Board acts and adheres to the codes that are given to the Board. The Board applies the rules that are allowed by the Code. Voicing personal opinions is not their job. Ray Osborne commented that there are community values that the Board can act on. Earl McMillin advised that he had attended the December Planning & Zoning Board meeting, where he learned that the City has 8.8 acres of commercial per thousand people; it should have 12.5 acres of commercial. Todd Peetz responded that the information was based on 1999 statistics, and the city has added commercial acreage since then. Board of Adjustment Meeting Minutes January 23, 2006 Page 3 Catherine Barnes moved to amend the main motion to limit the Special Exception to 10 units, as requested by the petitioner. The amendment was seconded by Earl McMillin. Discussion followed. Vote on the amendment carried by majority vote with members voting as follows: Catherine Barnes, for; Paul Collins, for; Robert Laws, for; Connie McKone, for; Earl McMillin, against. Vote on the main motion carried by majority vote with members voting as follows: Catherine Barnes, for; Paula Collins, for; Robert Laws, for; Connie McKone, against; Earl McMillin, against. 3. Election of Chairperson and Vice Chairperson. Ro bert Laws no minated E arl McMillin as Chairperson. Earl M cMillin nominated Connie - - Mc one as Chairperson. Connie N46 one seconded the nomination for Earl - McMillin as - Chairperson. Robert Laws moved to close nominations. Earl McMillin nominated Connie McKone as Vice Chairperson. Robert Laws moved to close nominations. Earl McMillin was elected as Chairperson, and Connie McKone was elected as Vice Chairperson. OPEN DISCUSSION Ray Osborne asked the Assistant City Attorney what the procedures were for filing an appeal to the appellate court. Kate Latorre directed him to City Ordinance No. 11 -2005, amending Chapter 110. She advised that appeal procedures were provided in Section 110 -33. There being no further business the meeting was adjourned at 8:35 p.m. Approved this i +h day of , 2006. Connie McKone, Chairperson usan apman, Board Secretary