HomeMy WebLinkAboutMinutes 07-31-2006City of Cape Canaveral
Board of Adjustment
Meeting Minutes
July 31, 2006
A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 31, 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. The Secretary called the roll.
MEMBERS PRESENT
Earl McMillin
Constance McKone
Paula Collins
Catherine Barnes
Robert Laws
Chairperson
Vice Chairperson
OTHERS PRESENT
Susan Chapman
Todd Peetz
Kate Latorre
Bea McNeely
Todd Morley
Robert Hoog
Secretary
City Planner
Assistant City Attorney
Ex- Officio Member
Building Official
Mayor Pro Tern
NEW BUSINESS
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
Motion to Approve the Meeting Minutes of May 22, 2006.
Motion by Catherine Barnes, seconded by Robert Laws, to approve the meeting minutes
of May 22, 2006. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 06 -04 to Allow Outside Storage of
Recreational Vehicles, Trailers and Trailerable Items in the C -2 Zoning District
Section 15, Township 24 South, Range 37 East, West Portion of Parcel 760
(200 W. Central Boulevard) - Ahmad and Abuighasem Nasaipour, Petitioners.
Ahmad Nasajpour, Petitioner, testified that Mr. Botts, owner of East Coast Marine, asked
if he could lease part of his property to store boats and RVs. Mr. Nasajpour recited the
recommended conditions placed by the Planning & Zoning Board. He advised that there
is a need for boat and RV storage in the City. He explained that if the boats needed to
be moved for a hurricane, Mr. Botts could store them temporarily on his property located
on Clearlake Road in Cocoa.
The Board members reviewed the submitted site plan. Mr. Nasajpour pointed -out the
location of the gates. He noted that the outside storage area was 1.17 acres.
Discussion followed regarding fence height. Todd Peetz, City Planner, explained that
the portion of fence located within the setback along W. Central Boulevard could only be
4 ft. high to comply with the City code. Mr. Nasajpour commented that he preferred to
install a 6 ft. fence for security. John Botts, East Coast Marine, testified that the storage
tenants will have 24 hour access; there will be no office on site; his office will remain at
its current location on Dave Nisbet Drive in the Port; there will be no maintenance or
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Board of Adjustment
Meeting Minutes
July 31, 2006
Page 2
Catherine Barnes noted that this property was very visible. She advised that the
property owner was cited by City code enforcement in the past for maintenance issues.
Robert Laws read the recommended conditions of the Planning & Zoning Board. Mr.
Nasajpour stated that he agreed to comply with the conditions. Brief discussion
followed.
Motion by Connie McKone, seconded by Robert Laws, to grant Special Exception
Request No. 06 -04 with the following conditions:
• Security fence on all sides.
• Screening on all sides composed of greenery on the outside of the fence.
• All vehicles shall have affixed thereto a currently valid license tag
registered to the vehicle.
• All boats shall be on licensed movable trailers.
• Lighting shall meet all code requirements.
• All parking places shall be designated with lasting markers.
• The number of parking spaces is limited to 54 and must meet all code
requirements.
• Maintenance and repair is prohibited.
Discussion followed. Motion by Catherine Barnes, seconded by Connie McKone to
amend the motion to add the condition that irrigation is provided along the entire fenced
area. Discussion followed. Mr. Nasajpour advised that he would need to ask the City to
tap into their well water along W. Central Boulevard because it is the only water source
available to the fenced area, and therefore, the irrigation could only be available to the
fenced area along W. Central Boulevard. Brief discussion followed. Vote on the
amendment failed by a (2) to (3) vote against the amendment, with members voting as
follows: Catherine Barnes, for; Paula Collins, against; Robert Laws, for; Connie
McKone, against; Earl McMillin, against. Vote on the main motion carried by a (4) to (1)
vote, with members voting as follows: Catherine Barnes, for; Paula Collins, against;
Robert Laws, for; Connie McKone, for; Earl McMillin, for.
OPEN DISCUSSION
Chairperson McMillin asked the Assistant City Attorney for an update on the Triple J
lawsuit. Kate Latorre, Assistant City Attorney, advised that the City filed a motion to
dismiss the complaint. The motion was granted. However, it was granted with leave to
amend. Triple J has just recently submitted their amended complaint. Now the City
Attorney's office will respond to the amended complaint.
Board of Adjustment
Meeting Minutes
July 31, 2006
Page 3
There being no further business the meeting was adjourned at 8:25 p.m.
Approved this - S - tL-day of ti - , 2006.
Earl McMillin, Chairperson
Susan L. Chapman, Secretary