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HomeMy WebLinkAboutMinutes 07-02-2001CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD JULY 2, 2001 MINUTES A meeting of the City of Cape Canaveral Community Appearance Board was held on July 2, 2001 at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Secretary called the roll. MEMBERS PRESENT: Nadena Easler Walter Bowman Randy Camomilli Karen Hayes OTHERS PRESENT: Rocky Randels Morris Reid John Borraggine Mark McQuagge Susan Chapman NEW BUSINESS: Chairperson Vice Chairperson Mayor Building Official Building Inspector Assistant City Attorney Board Secretary Approval of Meeting Minutes: June 18 2001. Mr. Bowman requested that the minutes be amended to include his objection to Request No. 01 -24 in that he objected that the Board's directive by code covered the location of building elements in judging their aesthetic and visual arrangement for public viewing. Motion by Mr. Bowman, seconded by Ms. Hayes to approve the meeting minutes of June 18, 2001 as amended. Vote on the motion carried unanimously. Attorney McQuagge swore in all persons giving testimony. 2. Request No. 01 -24 - Maintenance Storage Building - 8600 Ridgewood Avenue (Royal Mansions), Parcels 751 & 753, Canaveral Beach Gardens Subdivision - Monte Brown. Applicant. ,Tabled at Previous Meeting). Mr. Brown verified that his presentation was the same as presented at the previous meeting. Attorney McQuagge gave his legal opinion that this Board does not have the authority to dictate location of structures by the authority granted to it by the provisions of the code. He recommended that based on the code, that the Board limit the application of their authority to issues of aesthetics /appearance. He clarified that the applications submitted per the code, a site plan is not required to be submitted to this Board. The only items required are elevations so the Board can see the dimensions of the structure and how that aesthetics of the structure would fit into the community from a construction s Community Appearance Board Meeting Minutes July 2, 2001 Page 2 standpoint; photographs of the surrounding area for the Board to conclude that the proposed structure was in harmony with the surrounding area, not the location of it, but the structures design; colors of the structure and roofing to conclusion that it is an appearance based decision, not a location based decision. The location of a structure is determined by the Planning & Zoning Board to ensure that it meets the setback requirements and other applicable code requirements. Mr. Bowman disagreed with Mr. McQuagge's interpretation. The Board reviewed and discussed various code sections of Chapter 22, Community Appearance Review. Mr. Wallace Grace, Ocean Oaks, Unit A210, testified that he lived directly above this proposed location. He submitted photographs of the proposed site and outlined certain code sections that apply to this Board. He voiced his opinion that this structure would have a negative impact upon his property value and was not in harmony with the established character of other buildings or structures to surrounding areas. He suggested that the trash building be converted to an office /maintenance building and a block structure be constructed on the south side of the property to house two dumpsters which would not have a visual impact to any surrounding properties. He stated that the owners of Ocean Oaks were prepared to fight it at the next level, what ever it takes and y' any amount of money. An ensuing discussion followed regarding excessive trash accumulation. The residents of Ocean Oaks were referred to the Building Official for enforcement of same. Mr. Bowman, Mr. Camomilli, and Chairperson Easier stated for the record that they had visited the site. Mr. Gene Silkey, Owner and Manager of Royal Mansions testified that the dumpster building was constructed back in 1988 by the contractor who constructed Ocean Oaks. His garbage is picked up five times per week. The dumpster was not emptied by USA Waste until after 5:00 today because their truck broke down for four hours. Normally, the trash is picked up between 11 A.M. - 2 P.M. He advised that his property was the only one in Cape Canaveral that had a fully enclosed dumpster area. Mr. Brown testified that the proposed building would be attached to the existing building. Mr. Camomilli voiced his opinion that the proposed building which would be next to the existing building violates the Board's collective opinion about whether or not this is harmonious to the rest of the area. He clarified that the Board had to consider the building as presented. Discussion followed. Mr. Reid verified that preliminary plan review indicated that the building meets setback requirements where it is proposed. He advised that the zoning allowed for this building to be 45 ft. tall. He reiterated that the existing trash enclosure building was the only one within the entire City. He advised that they could demolish the building and have 6 ft. fencing around the dumpsters and it would meet code. Community Appearance Board Meeting Minutes July 2, 2001 Page 3 Ms. Hayes pointed out that the Board had to balance the applicants rights and what is allowed in the code. Suzy Carter, resident of Ocean Oaks, showed photographs that were issues for code enforcement. The Board members reviewed the photographs. Ms. Carter explained that the Board was reviewing a submittal that did not depict what the building would actually look like as attached to the existing dumpster building. Discussion followed. Motion by Ms. Hayes, seconded by Ms. Easler to approve the application as shown. Vote on the motion was as follows: Mr. Bowman, against; Mr. Camomilli, against; Ms. Hayes, for; and Mrs. Easler, for. Motion failed. Discussion followed. Mr. Camomilli pointed out that the new building would be larger than the existing dumpster building. He voiced his opinion that this proposed building was not aesthetically pleasing. Mr. Bowman advised that the Board had previously approved a submission from Royal Mansions for a storage building constructed on the south of the property. Mr. Brown responded that the building was not constructed because of the required approval from the State because it would have been placed east of the construction control line, parking would have been eliminated, and it was not cost effective to pursue the project. Ms. Hayes questioned what was the difference between this proposed building and another condominium complex requesting to construct a row of garages. Mr. Bowman agreed that there was no difference, the Board did not have jurisdiction over another persons property within the limits of what they can do with their property. Ms. Easler pointed out that the architecture of the proposed building was consistent with the existing buildings. The Board reviewed photographs and color swatches that were submitted at the previous meeting. Discussion continued regarding the dimensions of the proposed building and the existing dumpster enclosure building. Ms. Hayes pointed out that the plans for the proposed building were in harmony with the established character of other buildings and structures in the Royal Mansions complex. Mr. Brown reiterated that the proposed building will be attached to the existing dumpster enclosure building. Discussion continued. Ms. Hayes, seconded by Ms. Easler to approve this application as shown with the condition that the building will be attached to the existing dumpster enclosure building as indicated in the initial application statement. Discussion followed. Mr. Steve Testa, resident of Ocean Oaks apologized for his outburst conduct at the previous meeting. Mr. Testa voiced his opinions about the Royal Mansions property and his disappointment with the Board. He requested a copy of the meeting minutes. He reiterated that the residents of Ocean Oaks would bring this to the next level. Attorney McQuagge commented regarding this Board representing the interest of the community. Voting was as follows: Mr. Bowman, for; Mr. Camomilli, against; Ms. Easler, for; Ms. Hayes, for. Motion carried by majority. Community Appearance Board Meeting Minutes July 2, 2001 Page 4 There being no further business the meeting was adjourned at 8:05 p.m. - -- adena Easler, Chairperson Susan Chapman, Board Secretary I-