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HomeMy WebLinkAboutMinutes 02-13-2006City of Cape Canaveral Board of Adjustment Meeting Minutes February 13, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 13, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. Susan Chapman, Board Secretary called the roll. MEMBERS PRESENT Earl McMillin Constance McKone Paula Collins Catherine Barnes Chairperson Vice Chairperson MEMBERS ABSENT Robert Laws OTHERS PRESENT Susan Chapman Todd Peetz Kate Latorre Bea McNeely Lamar Russell Board Secretary City Planner Assistant City Attorney Ex- Officio Member P & Z Vice Chairperson All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Motion to Approve the Meeting Minutes of January 23, 2006. Motion by Catherine Barnes, seconded by Constance McKone, to approve the meeting minutes of January 23, 2006. Vote on the motion carried unanimously. 2. Special Exception Request No. 05 -15 to Allow Residential Use in the C -1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Earl McMillin, Chairperson, advised that he and Catherine Barnes both attended the last Planning & Zoning Board meeting to hear the discussion regarding the City rezoning the property to R -1. He verified that none of the Board members attended the meeting when the Planning & Zoning Board made its recommendation regarding this request. John Johanson, Petitioner, testified that he was requesting a special exception to construct three single family residential homes; six units are allowed by City code; only 23% lot coverage is proposed; there will be lots of open space, trees, and landscaping; there have been other special exceptions granted for R -2 use adjacent to R -1; he believed that residential is compatible; his attorney believes that the request is correct; he understands the community's concern, but it is not his intention to negatively impact the neighborhood. He verified that there is a single family home to the east and south, Villages of Seaport to the north, a vacant lot to the west, and the corner lot to the south has a granted special exception for R -2 use. He stated that he is not part of the Sea She!! Cay project. Board of Adjustment Meeting Minutes February 13, 2006 Page 2 Connie McKone, Vice Chairperson, advised that it was her understanding that the property is zoned commercial with an expired Special Exception for residential use. Todd Peetz advised that it was for R -2 use, granted in 2002. The property was subsequently divided into three single family residential lots. He clarified that after 12 months, a special exception expires unless a certificate of occupancy has been issued, however, a one -time extension of time may be granted. He explained that any conditions placed on a special exception remain in effect regardless of who the property owner may be. Todd Peetz, City Planner, advised that the Petitioner has provided elevations. He noted that townhomes are required to have three parking spaces per unit. The City has some concern that if someone parks on the main driveway enterance, then access will be blocked to all the units. Judith Lau, 211 Coral Drive, advised that she has lived there since 1994; she is concerned that there is a proposed multi - family at the corner because they were told that the City would get in trouble if the special exception request was not granted; in the year 2000, there were three single family lots; lot 2 was purchased and a single family residence built, lot 3 is this request for R -2 use which is between two single family residences; this is the only single family residential neighborhood in the City; there are only three vacant lots remaining in Harbor Heights, which have been vacant since the 1960s; it is a low density, single family residential neighborhood; to build a four -story office building with 40 parking spaces on this property is also not compatible with the neighborhood; Harbor Heights is the only public access for the residents to get to the beach because it is the only subdivision that is not gated. Ms. Lau noted that there was a sales flyer, dated 1999, from Trafford Realty, selling the property as single family lots. Hans Saurenmann, 349 Coral Drive, reiterated the points made by Ms. Lau. He entered into the record a drawing, dated 1989, showing the lots replatted as three single family lots; a sales flyer, dated 1999, from Trafford Realty, listing the units for sale as single family lots; and a plan of a proposed commercial building provided by the Petitioner (Exhibits A, B & C). Mr. Saurenmann pointed -out that the drawing of the commercial building did not show the 25 ft. setback requirements. Todd Peetz, City Planner, advised that the Petitioner met with City staff last week for a pre - application site plan meeting to review the plans of the proposed commercial project. Mr. Saurenmann advised that he owns commercial property behind his house next to Ocean Woods, if he uses his 20 ft. he can build townhomes. Marie Savickas, 232 Coral Drive, advised that the neighbors look out for each other in this single family residential neighborhood; the two -story townhouses will look down into two one -story single family homes; and this request takes away from the integrity of the neighborhood. Board of Adjustment Meeting Minutes February 13, 2006 Page 3 Donald Foley, 224 Coral Drive, commented that if the Petitioner wants to minimize the effect then he should build a single family; he agreed that multi - family is better than commercial. He advised that this is the City's opportunity to right a wrong and questioned how the community should ask the City to consider rezoning the lot. Earl McMillin, Chairperson, responded that the residents should make their request to the City Council. Karen Johnson, 346 Coral Drive, commented that it is her understanding that the City owned the property many years ago, and questioned why the City couldn't buy it back. She suggested that the property be used for a park or nature preserve. She advised that there are so many vacant commercial buildings already existing between Cape Canaveral and Cocoa Beach that she didn't understand why someone would want to build another one. She further suggested that with all the recent growth, the City should take a look at what's going on in the City. Keith McCoy, 204 Coral Drive, advised that he lives next door to this property; he would not be opposed to a single family residence being built there, but a 2 -story townhouse would be looking into his bathroom. He voiced his concerns regarding stormwater runoff and drainage. He verified that he has lived at this address for four years. James Greever, 358 Coral Drive, advised that every owner in the neighborhood wants a single family residence built on this property; if the City is concerned about this the City needs to change the zoning to R -1. Earl McMillin, Chairperson, explained that the previous owner had a granted special exception to build single family residential and the special exception expired. Todd Peetz, City Planner, explained that the zoning has not changed, the use has changed. Earl McMillin advised that rezonings go through the Planning & Zoning Board with recommendation to the City Council. Joseph Ross, citizen, advised that he had lived in Harbor Heights since 1961, but does not currently reside there. He voiced his opinion that the request is not compatible with the neighboring properties. Lamar Russell, 376 Harbor Drive, advised that he lives in Harbor Heights and has been a member of the Planning & Zoning Board for 22 years. He advised that a long time ago, the property was rezoned commercial by the property owner. He advised that the Planning & Zoning Board recommended that City Council include N. Atlantic Avenue in the current moratorium. The request was not granted because members of the Council have development interests in the area. At last Wednesday night's Planning & Zoning Board meeting, the Board elected to wait until the Board of Adjustment makes a decision on this request. He explained that as a Board member, he can ask for an agenda item for rezoning. He believed that the City should fix this because the community will be better served if the property was zoned R -1. He noted that the constitution allows for a municipality to take property, but the owner needs to be compensated. Board of Adjustment Meeting Minutes February 13, 2006 Page 4 Catherine Barnes asked what the Board's options were. Earl McMillin advised that the Board could grant the request; grant the request with limitations; postpone for further consideration; or deny the request. He pointed -out that the Planning & Zoning Board had unanimously found this request to be incompatible. Lamar Russell, Vice Chairperson of the Planning & Zoning Board, explained that the Board considers factors such as noise, traffic, and compatibility among other things. He voiced his opinion that commercial is not compatible, multi- family is not compatible, a single - family residence is compatible. The audience applauded. John Johanson, Petitioner, commented that Lamar Russell was the only member of the Planning & Zoning Board that did not want residential in the commercial zone along N. Atlantic Avenue; the Building department is very tough on enforcing stormwater retention and drainage requirements; it is not his intent to threaten any one, and he does not want to negatively impact the City; he offered the property to any one who wanted to buy it; by City code definition, a townhouse is a single family attached, not multi - family; he has already made an offer to sell the property to the City, he met with the City Manager last Friday, and will submit a written offer to the City, and will give the City 20 days to reply. He noted that one single family residence is not feasible because he already has over $300,000 dollars invested in the property. Hans Saurenmann, citizen, agreed that the City should consider purchasing the property. Keith McCoy, property owner next door, verified that the Petitioner had offered the property to him for whatever they already had invested in the property, but was not interested in purchasing it. Bennett Boucher, City Manager, advised that an offer was made by the property owner of Sea Shell Cay to sell that property to the City. He advised that the City is concerned regarding the removal of two specimen trees on that property. City Council will discuss the issue at next Tuesday night's Council meeting. He confirmed that Mr. Johanson met with him last week to discuss the possibility of the City purchasing the Sea Shell Cay North property. He noted that the City's Comprehensive Plan encourages the City to acquire property for a park on the Northeast quadrant of the City. Judith Lowe, citizen, commented that it appeared that the City has many options regarding this property: the City can buy it back, condemnation, taking, or rezoning. However, the options would not give the property owner the same level of profit. Motion by Earl McMillin, seconded by Paul Collins, to postpone the Special Exception request for 30 days to see what the City Council is going to do with the offer for the City to- purchase the property. Discussion followed. Kate Latorre, Assistant City Attorney, reviewed the Board's various options. Catherine Barnes asked if there was any public display back when the original special exception was granted. Todd Peetz responded that the Special Exception was granted for three single family residences. He explained that the Special Exception included Lots 1 -3, Harbor Heights West Subdivision. Lot 2 was the only lot built on where a single family residence now exists; and the Special Exception has since expired. Motion by Earl McMillin, seconded by Paul Collins to amend the main motion to postpone the Special Exception request until March 13, 2006, because the Board normally meets on Monday evenings; and to here additional evidence if any is forthcoming. Vote on the amendment to the motion carried unanimously. Vote on the main motion carried unanimously. Board of Adjustment Meeting Minutes February 13, 2006 Page 5 3, Special Exception Request No. 05 -16 to Allow On- Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd LLP Petitioners. Patrick Looney, General Manager of the Residence Inn and representative for the Petitioner, testified that the target date for the hotel to open is March 9th; the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30 -7:30 p.m., Monday- Thursday; the bar is a convenience for mainly guests, however will be open to the public. Discussion followed regarding the other hotel within the City that has the same type of use. Todd Peetz, City Planner, read a letter into the record from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Todd Peetz confirmed that the request met all distance requirements. Motion by Connie McKone, seconded by Catherine Barnes, to grant Special Exception Request No. 05 -16. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:25 p.m. 5 r ESA Appr ve this day of 2006. Earl McMillin, Chairperson Susan — Chapman,– Secretary /A \J�t