HomeMy WebLinkAboutMinutes 01-29-2007City of Cape Canaveral
Board of Adjustment
Meeting Minutes
January 29, 2007
A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 29,
2007 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
Robert Laws
Jack Childs
Chairperson
Vice Chairperson
OTHERS PRESENT
Susan Chapman
Todd Peetz
Nate Latorre
Bea McNeely
Robert Hoog
Secretary
City Planner
Assistant City Attorney
Ex- Officio Member
Mayor Pro Tern
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
Motion to Approve the Meeting Minutes of October 23 2006
Motion by Paula Collins, seconded by Jack Childs, to approve the meeting minutes of
September 25, 2006. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 07 -01 to Allow Package Sales of
Alcoholic Beverages in the C -1 Zoning District (6850 N. Atlantic Avenue)
Section 23, Township 24 South, Range 37 East Lots 1 -3 and 10 -12 Block 73
Avon by the Sea, (Yogi's Food and Beverage Inc.) - Yogi Patel Petitioner.
Todd Peetz, City Planner, advised that the proper address for this request was (6870 N.
Atlantic Avenue), as assigned by the Brevard County Address Assignment department.
Mr. Peetz verified that all proper notifications were mailed.
Walter Bowman, Representative for the Petitioner, explained that Yogi's Food &
Beverage is located at 6850 N. Atlantic Avenue; this special exception location would be
located at 6870 N. Atlantic Avenue; and Tip -a -Few Tavern is located at 6890 N. Atlantic
Avenue. Andrew Menhart, Attorney for the Property Owner, advised that the special
exception request is not for the entire site, 6870 N. Atlantic Avenue is the legal address
for this special exception location only. Mr. Bowman noted that the state license has
been applied for; the hours of operation will be 8:00 a.m. - 10:00 p.m.; Yogi Patel is the
property owner and will lease the space. Brief discussion followed.
Board of Adjustment
Meeting Minutes
January 29, 2007
Page 2
Motion by Robert Laws, seconded by Paula Collins, to grant Special Exception Request
No. 07 -01. Vote on the motion carried unanimously.
3. Motion Re: Request No. 07 -02 to Allow a Change of Use (Used in Coniunction
with a Non - conforming Structure and Premises) in the C -1 Zoning District
(8200 N. Atlantic Avenue), Section 23 Township 24 South Range 37 East Avon
by the Sea, South 25 Feet of Lots 1, 2, 3 and 9 -11 Block 1 Avon by the Sea
(Beach Auto Repair, LLC) - Vincent Keenan Petitioner.
The Board members reviewed photographs of the existing site. Vincent Keenan,
Petitioner, testified that he was requesting to enclose the building in the area that was
permitted to be enclosed in 1972, but was never completed. He advised that the area is
currently used as an outside work area. He noted that the hours of operation would
remain the same. Board member Connie McKone, read a portion of a staff report from
City Planner Todd Peetz, dated November 6, 2006, which stated "The proposed
enclosure of the bay would create a more compatible use with the existing residential
development adjacent to and north of the subject site. These improvements have the
potential to reduce the negative visual impact, as well as, noise due to auto repair
practices on site." Ms. McKone referenced Section 110 -195 of the city code, and voiced
her opinion that the request met the intent of the code section.
Bill Murphy, resident, advised that he is a satisfied customer and commented that the
business is an asset to the area.
Chairperson McMillin read a letter into the record from Doris Prescott, resident, who was
a satisfied customer, and in favor of the request. Brief discussion followed.
Motion by Jack Childs, seconded by Robert Laws, to grant Change of Use Request No.
07 -02. Vote on the motion carried unanimously.
4. Motion Re: Special Exception Request No. 0 -04 to Allow Sales of Convenience
Goods (Ice/Water) at an Existing Automotive Service Station in the C -1 Zoning
District, (8101 Astronaut Boulevard) Section 23 Township 24 South Range 37
East, Parcel 255.0, (Citgo Gas Station) - Jav Jasperson, Petitioner.
Jay Jasperson, Petitioner, testified that he was requesting a special exception to install a
State approved water and ice building. He noted that he already received approval from
the Community Appearance Board. Mr. Jasperson explained that the building is self
contained and fully automated; it is no louder than an a/c air handler at a residential
home; the building is insulated to reduce noise; and the building runs on electricity. Brief
discussion followed.
Motion by Earl McMillin, seconded by Paula Collins, to grant Special Exception Request
No. 07 -04. Vote on the motion carried unanimously.
Board of Adjustment
Meeting Minutes
January 29, 2007
Page 3
5. Election of Chairperson and Vice Chairperson.
Earl McMillin nominated Connie McKone for Chairperson. Robert Laws nominated Earl
McMillin as Chairperson. By unanimous consensus, Earl McMillin was re-elected as
Chairperson.
Jack Childs nominated Connie McKone for Vice Chairperson. Being no other
nominations, Connie McKone was elected Vice Chairperson.
OPEN DISCUSSION
Susan Chapman, Board Secretary, polled the Board members to schedule the next
meeting on February 12th. Earl McMillin advised that he would be out of town. All the
other Board members were available to attend the meeting.
There being no further business the meeting was adjourned at 8:00 p.m.
Approved this 2:}h day of F 6ructr y , 2007.
Earl McMillin, Chairperson
111110100
Susan L. Chapman, Se retary