HomeMy WebLinkAboutMinutes 04-24-2006City of Cape Canaveral
Board of Adjustment
Meeting Minutes
April 24, 2006
A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 24,
2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance
McKone, Vice Chairperson, called the meeting to order at 7:30 P.M. Duree Alexander,
Recording Secretary called the roll.
MEMBERS PRESENT:
Constance McKone
Paula Collins
Catherine Barnes
Robert Laws
Vice Chairperson
MEMBERS ABSENT
Earl McMillin
Chairperson
OTHERS PRESENT
Duree Alexander
Todd Peetz
Kate Latorre
Bea McNeely
Leo Nicholas
Recording Secretary
City Planner
Assistant City Attorney
Ex- Officio Member
Council Member
NEW BUSINESS
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
1. Motion to Approve the Meeting Minutes of March 13, 2006.
Motion by Paula Collins, seconded by Robert Laws, to approve the minutes with the
attachment of the suggested changes to clarify the minutes submitted by Earl McMillin.
Vote on the motion � carried unanimously.
2. Motion Re: Special Exception Request No. 06 -02 to Allow Residential Use in the
C -1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 4 -8,
Block 1, Avon by the Sea Subdivision - (Washington Avenue) - Ken Wilson,
Designated Agent for L. Joyce Carlton, Petitioner.
Ken Wilson, Designated Agent for the Petitioner, stated his name and address for the
record.
Constance McKone, Vice Chairperson, asked Mr. Wilson if the special exception request
was for 110 -334, and if a copy of the deed showing ownership had been provided. Mr.
Wilson confirmed that the special exception request was for 110 -334 and a copy of the
deed was provided to the City.
Board of Adjustment
Meeting Minutes
April 24, 2006
Page 2
Mr. Wilson testified that he is asking for the special exception from C -1 zoning to multi-
family zoning for townhomes on Washington Avenue. The subject is completely
surrounded by residential homes, mainly townhomes, with no adjacent commercially
developed uses. The original drawings submitted reflected eight townhomes; however,
the number was reduced to seven in order to comply with the City Code which allows a
185- ft.maximum length of structure. He stated that the townhomes will be individually
owned; each unit will have a yard; and that a home owners association will be
established.
Catherine Barnes, Board Member, mentioned a letter from a citizen at 8401 N Atlantic
Avenue, Atlantic Gardens, however the board members agreed that this area would not
be greatly impacted by this development.
There was a brief discussion regarding traffic impact. Mr. Peetz, City Planner, stated the
traffic study will be required as part of the site plan. However, these units will generate
between four and five peak hour trips. There are still over 200 peak hour trips available
on North Atlantic Ave. after the construction of these townhomes.
Motion by Robert Laws to approve Special Exception 06 -02, seconded by Paula Collins.
Constance Mckone, Vice Chairperson, questioned whether the motion should state the
number of units approved.
Kate Latorre, Assistant City Attorney, informed the board that the ordinance
automatically limits the development to 15 units per acre. However, if the board wants to
limit the number of units it must support that it is a reasonable condition to impose on the
applicant in order to protect and benefit the community. If the Board feels the applicant
has met all the requirements of the Ordinance then the Board must show why limiting
the density at this point is necessary.
Mr. Laws, Board Member, stated that the applicant volunteered to limit the number of
units to seven.
Kate Latorre, Assistant City Attorney, advised that the applicant's voluntary limit may be
included in the motion.
Mr. Laws amended his motion to read, that based on the applicant volunteering to limit
the number of units to seven that it be made part of the requirement. Paula Collins
seconded the motion.
Mr. Wilson, applicant, addressed the board regarding being restricted to only seven
units. He indicated that, based on the size of the site, ten units could be constructed. He
requested the Board not limit the construction to seven units.
Board of Adjustment
Meeting Minutes
April 24, 2006
Page 3
Mr. Laws stated that he wanted the motion to stand as stated.
Kate Latorre, Assistant City Attorney, advised that when an applicant comes before the
Board, he has the burden of meeting the ordinance requirements for a special exception.
If the Board is in agreement that the applicant has met all the conditions of the
Ordinance, the burden then shifts to the Board to show why the special exception should
be granted with conditions.
There is Florida Case Law, which authorizes reasonable terms and conditions to be
placed on the approval of a special exception, but such terms and conditions must be
based on competent and substantial evidence.
Mr. Wilson asked the Board to please consider allowing eight units.
Mr. Laws stated that the applicant had volunteered the number of units to be constructed
to seven and his motion stands as stated.
Mrs. Mckone stated that the board is concerned about the impact that ten units would
have on the area Additionally, she stated that the special exception would run with the
land; if the property was sold the special exception would continue to be limited to seven
units.
Vote on the motion carried unanimously.
OPEN DISCUSSION
Todd Peetz, City Planner, provided a brief overview of the Coastal High Hazard Study.
There being no further business the meeting was adjourned at 8:40 p.m.
Approved this Z - `� -' l day of ly'le�u 2006.
Constance McKone, Vice Chairperson
ree Alexe[nder for
n L. Chapman, Secretary