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HomeMy WebLinkAbout06-27-2005 AgendaCall to Order Roll Call City of Cape Canaveral BOARD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE JUNE 27, 2005 7:30 P.M. NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of March 14, 2005. 2. Special Exception Request No. 05 -02 to Allow Residential Use in the C -1 Zoning District - (Sea Shell Cay Townhomes aka Shady Villas) - Section 14, Township 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A- 16 (Corner of Seashell Lane and N. Atlantic Avenue) - All Shores Construction & Development, Inc. /James E. Morgan, Petitioner. 3. Request for a twelve month time extension - Special Exception Request No. 03 -07 - (Six Residential Units on Holman Road) - Vinod Kalida, VK and MK Development, Inc., Petitioners. 4. Hearing Re: Alleged Violation of Conditions of Special Exception No. 04 -03 - Beachside Scooters and Rentals, 6103 N. Atlantic Avenue, Unit F - Todd Morley, Building Official. 5. Request for a twelve month time extension - Special Exception Request No. 03- 06 - (Allow a Single Family Residence in the C -1 Zoning District on Oak Lane) - Craig & Mary Stewart, Property Owners. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868 -1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and /or Quasi - Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1220 • SUNCOM: 982 -1220 • FAX: (321) 868 -1248 www.myflorida.com/cape • e -mail: ccapecanaveral@cfl.rr.com y 4 pate: t---44- CI— 9 '3 Cityof Cape Canaveral .r • ^0,\,?, .0 1/4 BOARD OF ADJUSTMENT MEETING '� J A\\2 v 1 AGENDA v' i 111 POLK AVENUE1�\�1 JUNE 27, 2005 4 t >1, � / �, ,_ 7:30 P.M. \�` V/ 0 . qtiv A' t f ti ' Call co Order 1 410, b d c/ ,�.p Roll Call o'" _ 1 � �"\E"- BUSINESS: ,e0 ,� 1. Motion to Approve the Meeting Minutes of March 14, 2005. 2. Special Exception Request No. 05-02 to Allow Residential Use in the C-1 Zoning �, _ n ?le District - (Sea Shell Cay Townhomes aka Shady Villas) - Section 14, Townshipl3'' '` . 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A- Ttc\CC/11 i\ c '16 (Corner of Seashell Lane and N. Atlantic Avenue) - All Shores Construction & �)- ',rii� evelopment, Inc./James E. Morgan, Petitioner. troy:- kijiwAt . SY r quest for a ime �r�--- ex�ensiSpecial Exception Request 900 ' j No. 03-07 - (Six Residential Units on Holman Road) - Vinod Kalida, VK and MK SZDevelopment, Inc., Petitioners. v. 4-.. - C Hearing Re.-AtlegedVi a ion oTCon i s o pecial Exception No. 04-03 - (nod-\N )0v cV��� c, Beachside Scooters and Rentals, 6103 N. Atlanti i venue, Unit F -Todd Marie k k�� o4 . bop eta."+ed t t •.., - kv 0, f\�t`a ciP 'Ca ��v..vtot +^Building Offs ial:C .aQ�c,K w`m r - `��,drvap ri ,�a crt '5 bR^�.Vie , kb -t __.__ . ,.�( Request for a twelve month time extensio - pec - -• on -equesf No. v .ilk./p/fiat 0 06 - (Allow a Single Family Residence in the C-1 Zoning District on Oak Lane) 4 .00v7 b cl` iJ o Craig & Mary Stewart, Property Owners. 1� J ew(CA% ,fir\,, (� (,�'� ADJOURN f Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a ®� person decides to appeal any decision made by the Board of Adjustment with respect to any ©Q matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This qj I notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. Post Office Box 326 • Cape Canaveral, FL 32920-0326re5c).71. 105 Polk Avenue • p Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 , www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 1 . City of Cape Canaveral Board of Adjustment Meeting Minutes March 14, 2005 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 14, 2005 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerman Chairperson Earl McMillin Vice Chairperson Connie McKone Paula Collins MEMBERS ABSENT: Robert Laws OTHERS PRESENT: Susan Chapman Board Secretary Todd Peetz City Planner Jeff Buak Assistant City Attorney Bea McNeely Ex-Officio Member Leo Nicholas Planning & Zoning Board Member All persons giving testimony were sworn in by Jeff Buak, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of November 8, 2004. Motion by Ms. McKone, seconded by Mr. McMillin to approve the meeting minutes of November 8, 2004. Vote on the motion carried unanimously. 2. Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. Mr. Ron Abeles, Petitioner, testified that he was trying to improve the property and make it look better. He advised that the property currently had a special exception for outside storage of construction materials. The Board members reviewed photographs of the current outside storage area. Mr. Abeles further testified that the area is hidden on all sides. He explained that the use would be a service to the citizens, especially for property owners living in condominium complexes that do not allow storage of boats and RVs. He advised that the area was .73 acres; and he was proposing 55 parking spaces. Discussion followed regarding buffering requirements. Mr. Peetz, City Planner, verified that the fire department was satisfied with the ingress & egress. He confirmed that he completed the special exception worksheet. Board of Adjustment Meeting Minutes March 14, 2005 Page 2 Motion by Mr. McMillin, seconded by Mrs. Collins, to approve Special Exception Request No. 04-04, to allow outside storage of Recreational Vehicles, Trailers, and Trailerable Items, with the condition that parking be limited to 55 parking spaces. Vote on the motion carried unanimously. 3. Special Exception Request No. 05-01 to Allow Residential Use in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Block 1, Lots 1, 2 & 3, Avon by the Sea - Nancy Murray, Petitioner. Mr. Ron Wollum, Representative for Nancy Murray, Petitioner, testified that they were requesting a special exception to construct four townhouse units. The Board members reviewed the submitted exhibits. Mr. Wollum pointed-out that a commercial use on the property would impact the traffic on N. Atlantic Avenue more than a residential use. He further testified that vegetation would be installed down the west end of the property along N. Atlantic Avenue, along the back of the property, and along the east property line. He advised that Oak Trees would be replaced if they need to be removed. Mr. Peetz, City Planner, verified that he completed the special exception worksheet. Motion by Ms. McKone, seconded by Mr. McMillin to approve Special Exception Request No. 05-01, to allow four residential townhouse units. Vote on the motion carried unanimously. 4. Election of Chairperson and Vice Chairperson. Mr. McMillin nominated Mrs. Rigerman for Chairperson. Ms. McKone nominated Mr. McMillin for Vice Chairperson. Vote to close nominations. Vote to elect Mrs. Rigerman for Chairperson and Mr. McMillin for Vice Chairperson carried unanimously. OPEN DISCUSSION Mr. Peetz, City Planner, advised that the City Council would be holding workshop meetings to update Chapter 110 and the Board would be invited to the workshops. Mr. Peetz also advised that the special exception application was being updated to require additional exhibits. There being no further business the meeting was adjourned at 8:00 p.m. Approved this day of , 2005. Marilyn Rigerman, Chairperson Susan Chapman, Board Secretary City of Cape CanaveralC t( �X � 05 OZ Building Department ) (Please Print Legibly or Type) .�SCroLo DATE FILED 3 -aa-05 FEE PAIDa50. OD DEPOSITt 3,.406 .48 (For Cert •ed `I i63) RECV'D BY` P.IC ($250.00 Filing Fee is non-refundable) l5.hdHunhome3 an NATURE OF REQUEST <j CL KiiaS Special Exception is for what purpose (Brief Description) 0 f RD a1 & I -Zo/J t 4 ( Tei R- /7-4 Le t ii ( ��>Gil it) d41 ES Address of request (if applicable)Co1f1fr OF Se c Shot] Lat,ne (V A' ct,nhc Ave. co)06 Lo{-1,Harbor 1•keicHs Wes+5vb3tvi'st6n `cn4 Legal Description: Lot titock Parcel A-I(o Subdv .Sr c t+/ r�-C/f L"D Section 14 Township -2-1S Range 37 C STATEMENT OF FACT: State of Florida, County of Brevard; I J.-9-71/ES /l1 c11i49✓D ,being duly sworn,depose and say that: I am the property owner. .( I am the owner(s) designated agent. (notarized authorization required) /}-ll Shores Cons-Fru tton evelopm•c +� nC. . a. /'!PPti('iti/ Vis) Name(s): ot.E'S A7 v�fr� A toe/tfr (Aice--F-rne_ of Fr ltnq ) Address: `I I 3 4 roil Co I. ) f)0 F CATs(24W/IV e-EnL 17-X 3,%2,e7 Home Phone !L7 170,AWork Phone 03' ISM E-Mail OA). Applicant(s) Naes(s): � m Address: Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest and trdie to the best of my knowledge and belief. / � c� � 7 / rs_ S((xrature of Applicant _Sworn • and subscribe •,efore me on this. ay of march ry ,,5 usan L. Chapman ,... . s'0":17%.1. mmission#CC 998628 _ ^__�- ^, 1�.=o`.`Expires March?3,2Of?S Notary Public, State of Florida 14:S imanti'Bond.,Thru iea,i The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting Request for Telecommunications Towers, require a minimum of sixty(60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) A9endck -L-ern'''2-0 2 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at(321) 868-127?. DATE: s. - ? - (2 �--- j� - SHo1 e c Cc S r- 7)Z--1/ .; dC„ 1. NAME OF APPLICANTS) ,J ,a���F S �_. �'�-► t% i i� ADDRESS cif assigned) 411 n PHO aZ# g T-1 O ?'( FAX # J4i/le- E-MAIL ✓L) 1-9 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: c cifr LOT: BLOCK: SUBDIVISION: PARCEL: -3`7`- /7 — S /5?— i4d�'P V-5'7- 5/-et? -cod ETC", j to SIZE OF SUBJECT PROPERTY IN ACRES: *,w gC,'C=S SECTION: TOWNSHIP • RANGE DESCRIPTION: S C 77;i7-ch/A:---D 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIR LEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 '� (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APy1ICATION: /Paid receipt from Finance Department for$250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. ake checks payable to the "City of Cape Canaveral") yd A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: v' A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The special exception is for four (4) residential units. The requirements found in the land development code should be able to minimize any impacts created for adjacent property owners. Traffic would generate three to five additional peak hour trips. If developed as a commercial use, more than likely it would generate more peak hour trips. 2) Will the Special Exception create any unusual police, fire or emergency services? There should be no unusual needs or requirements for police, fire or emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The lot should be able to accommodate all of the above requirements. This will be determined during site plan review. 4) Is there adequate ingress and egress,with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? There should be appropriate ingress and egress from this site. The access being proposed will be to Sea Shell Lane and North Atlantic Avenue. Access should be more closely evaluated at the site plan stage. There have been concerns with the number and proximity of driveway access points along North Atlantic. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? It would appear that adequate off street parking could be accommodated on site. This will be determined during site plan review. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? It would appear additional Landscaping may be required being commercially zoned property fronting on public streets. A landscape plan was not included with the application. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Being a request for residential use the property should be compatible with the surrounding uses. This would be further evaluated as part of the site plan review. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The project appears to be able to meet setbacks and open space requirements. Landscaping may need to be enhanced to be determined at the site plan review. 11)Is the proposed use compatible with surrounding uses in its function, its ours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed use should be compatible with the surrounding uses, provided limited traffic impact and can meet setback requirements. 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 2 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 16)Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the use of the property. If the property converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal Cl C1 R1 C1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE°SECT:AP?LICABLE: , - '. Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) 110-536 X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: � 1›, W1/- Signature: P 4 1 co i o i ui 13 I II _ri W i } w' t of ilof j 111111 _4• ,,-sg z 111111 1 W' 111111 r › lillli_ 111!!1 , g. 10111 { t ! ■11111 ` - t Ori z €.- Fe L...'_.— `'4 ass �' a - z I V _z t,a - 6 mz , m V 111111' i b 111111 a i __ 1!11!1 _ 1 Z � 111111 I o 111111 • 1 o� ., ; ' 1 1 Zr I CI n z ' 1 n¢iN I 1 I I! ii ilii ,,� m iR ..� .. '` z f r n ! mAil; v -r` 1 m - t i 1 { (= '. = i .� . . - _ I1W i IliI ML 4114 II I 1 , i RADIUS MAP i/ / i rr. I ----„7 C / m ORR100P OR 9RORE1000 OR I yda�" r '` aurwar DIM 4 6N. a —Z „ . 2 2 2 111 re /a ,,n� \ CORAL os $ J m a s zs m 426 1 I S I31I� D,0,( . ,(39 OAK W # 1 ,-- , --' 40 ; /1 le ZarI 4�5 64 67 51 62 50 !8. — _I _ 60 61® 53 .. I �I l ing i 45 �" v& 1E1• '4n1Y I 1117 ..cfig` D- JP- .. • ", alb; 1---r—,..1.1'Mill '' iaLQ i _ 1 g an ETai""EuP19'fi911.11.1 ni-ricr E 31 m ryE,.1PE .. 1 r*iolk os• , `_ suer n 111111111171 .1'. _ MI a . / 14111440, O „„.,R - • te 1 111111 61n►►►►r�°mn►� ���w Brevard County Property Appraiser.Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAMES)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS L6000 (one inch r 500 feet) JIM MORGAN, ALL SHORE CONSTRUCTION & DVLPMTri4/4 LEG) NII P 0 BOX 540577, MERRITT ISLAND FL 32954-0577 This map was compiled from recorded documents and does not reflect an actual survey.The Brevard County Property Appraiser does nai in Notification buffer OWNER NAMES)/ADDRESS: assume responsibility far errors or ommissions contained hereon �� Parcel/lot boundaries GATCHELL, FREDERICK E and GATCHELL, CAROL M II/i9 703 SOLANA SHORES DRIVE L'iO4, CAPE CANAVERAL FL 32920 Produced by: Brevard County Property Appraisers Office—GIS,March IB,2005 Numbers on map correspond to mailing Iist r,q.J1102-timm500 i sooa.cmp ____ a »m `I 1 to . r . — -12.3- Rz rl CON R2 ��O Ml t-__ ya RI Ixi a9�°�`8 n ic lu C ru IJ Cr,CZ 14 9J R2��/ -V -� — sz --- --- ---C: RAL-BLVD-WRAL-BLVD- xl --- - -- r a _fl . 4 WIMPV � ii---:1 n U a o R3 �MLA Wit IR3 _ PUD Y R3 n� a a lid, 14M CON r Ni PUeI Ct\ n Ej—R2 I RZ aI=�R3• CON C3 C CC�C�L 7L ------== R.. 0511E PU9 R3 CI a111111 Rs O C•a RI L__ 1 ATLANTIC OCEAN BANANA RIVER BR9.5 ., oC lan ear Aa xz s2 m ER9Ip=rR FirsDMZ It, _ • BR90 ,,\ S m I a . 5 a R2fgai LEL �, - lliggi a o00 BIIC6 II vii a PROPOSED R3 CI 7= FUTURE LAND USE , IEDE-7 CI COMMERCIAL C2 COMMERCIAL/MANUFACTURINGa Ml INDUSTRIAL n 't� RI RESIDENTIAL 11R2 RESIDENTIAL R3 RESIDENTIAL ss a �rr PUB PUBLIC/RECREATION CON CONSERVATION AREA �I , L ARCHAELOGICAL SITE s3 I r!/ la itil"''' .41 . 511:k! l Li 301-7= SCALE: • - r 0 50100 1000 In- CITY OF CAPE CANAVERAL Ivey, Harris Walls,PLANNERS•Harris s•v+mzuoE I c Inc.. LOCAL COMPREHENSIVE PLAN . IT ,,, „. ., ,_,,,.;I ,,, FUTURE LAND USE MAP Figure 7-3 gas No. 0ss.01 ws 0:-03-91 -- -- -- - - �I Jun 15 00 01 : 3Gp p. 1 JW-14-2005 1.3:15 Fidelittj National Title 321 454 4566 P. Prepared By and Return To: Loenne M. Shufelt Fidelity National Title insurance Company 1 355 N. Courtenay Parkway, Suite D Merritt Island, EL 32953 if€le No. 05.005-1802030 Property Appraiser's Parcel I.D.(foiiol Number(si 24-37-14-3O-1 SSI: CORRECTIVE WARRANTY DEED THIS WARRANTY DEED dated June 1, 2005, by Frederick E. Ciatchell and Carol M. Gatchell, husband and wife herernefter called the grantor, to All Shores Construction & Development, Inc., a Florida Corporation whale post office rktl'Aress ss?.O. Flex 540577. Merritt laland,Florida 32954-0577, hereinafter called the grantee: 't^Jhe'ever used herein the terms "grantor" and "grantee" include a;l the pArties to this instrument and the heirs. legal representatives and uas cgns of individuals, and the successors and assigns of corporations) WIMESSEThi: That the granter, for and In consideration of the surn of $10.00 and other valuable consideration. receipt whereof is hereby acknowwirdged, nereby grar:ts, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all the cv•tain land situated in Brevard County, Florida, viz: SEE EXH'RIT ONE ATTACHED HERETO AND MADE A PART HEREOF Subject to e.asement4, restrictions, reservations, and limitations of record, if any. TOG5THER with all the tanernents, hereditaments and appurtenances thereto belonging or In any wise appertaining. TO HAVE AND TO HOLD true same in lee simple forever. AND the grantor Hereby covenants w!th said grantee that the grantor is lawfully seized of said land in fee simple; that the granter has good right and lawful authority to sell and convey said lend; that tl".e grantor hereby fully warrants the tide to said land anti will defend the same against the iawft,l claims of ail persons whomsoever; and that said !arid is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. Crantors covenant that they have been continuousmarried to each other without interruption from the date they first acguirad title up to end including the date of this conveyance. TI-CS WARRANTY DEED IS BEING RECORDED TO CORRECT THE LEGAL DESCRIPTION RECORDED IN WARRANTY DEED OA BOOK 5447, PAGE 8429 OF THE PUBLIC RECORDS OF SRE'VARO COUNTY, FLORIDA W:.,+an,v bred:!M:r.G,N lf•tna,:owdil Nov t? mYPL.dm`x.701 Pope 1 of 2 Jun 15 06 O1 : '_lCp p. 2 i_IJ--i4--7 S 13:16 Fidelity National Title X21 454 4566 F'.02 ti llel WITNESS WHEREOF, the said granter has signed and sealed these presents the day and y f rst r_.. written. Signed, sealed and delivered in the presence of: • ii Li c r�-�i✓ J�Ii _ — • (Witness; Sig •tore) -�' ✓r re ej rr _Zs Cnell (Frint Nerve of Witness) Carol M. Gatchell (witness •nature► (Print Name of Witness) (Address and Phone Number) STATE of pioridrr COUNTY of Bravazd Y_ o I HEREBY CERTIFY that ch this clay, before me, an Officer duly autloriized in the Stateaaforesaid and the County aforesaid to take a cQlrlowledgements,. personally appeared Carol ----- M. Catc rete to rue known to be the rrerson(S) described in or who ht4thave produced as identification end wht executed the forgoing instrument end he/she/00y acknowledged before me that he/she/they arP.rlated the same, WITNESS hand and oth;iei seal it the Coulty and Strvte last aforesaid this— f.}' day of Live KENNETH 2.1,V A311011 4 f, r NotC yPub),c•sic teorFiartdo Notary Signature (r� +. :m C�ryt .on r:r .k r�Q �YCnm65+GnrJnr4bAd! c�[xc-`rC 4 '` Sh...4.;;',..•" bonfr>a ev Nohow!Notary Port Printed Notary Name My CAr emission expires: '' wr.+ntr:1 rnd tirnh+iot.W to duel Pev I12,aronWv..wpaa Papa 2 a.2 Jun lb UU U1. : Jtip p. 3 .TJ',-;.4-2J5 1316 Fidelity iJattoria1 Title 321 '454 4566 P.03 Fitt Na. C5-0O6-18O2O3O Tide Order Na.O130Zr3O EXHIBIT ONE That porttan of the lards described in Demi Book 261. Page 453, of the Public Records of Brevard County, Florida, lying East o1 Old State Road No, 401, being more particularly described es follows: Begin at the intersection of the East Right-wt-Way line of Old State Rd. No. 401 and the North Ri3ht-of-Way line of Harbor Drive, as shown an the Mat of Harbor a-le;ghls as recorded in Plat Book 13. Page 99, of said Public Records; thence run South 89°59'17" East, along said North Flight-of-Way Ione 98.31 feet to the East line of the Southwest 1/4 of the Northwest 1/4 of Section 14, -Township 24 South, Range 37 East. thence run along said Last line, North 01a28'07"West, 14P.50 feet;thence run North 9' '17"West,76.b2 feet to the aforementioned East Right-of-Way lite: thence run South 08°54'1 West, :+long stikl East Right-of-Way line ?4s4.52 feet to the Paint of Beginning. AND Lint 1, Harbor Fieigt-.rs Wast, according to the plat thereof as recorded in Pant Book 48, Page 31 of the Public Records of 3*eyerd County, Florida. TOTAL P.03 11 FRaM ;V. FAX NO. :3217992388 Jan. 25 2005 04:20RM P2 MGAL UTECEPnair. .a 24-37-14-28. Pew Po-3A ,n'need Hook 251. -- 453. of the public That ,.,,. i,Q. 4.x the ed 1y t of CQ State lb. iW.r X09 • •, Bossard County, • more .. xy described as No. 401 the Fast rim-of-way Line of Old State Hd• Begirt, the r gh -of-w of Harbor Drive, as s? on the Plat of HARBOR HEIdud the as r a ded in10piny ting 99. of said public ids: tt�enoa HEIGHTS, as rdcorded pmat Boa, 13, ec• Ems, along said North right-of-weY l h 84 tea. 59 minutes, 17 seconds rest Lint of the Bout 1/4 of the Northwest 114 of line 98:31 feet to thesaid East liter Rance 37 Bast; thence nm along run Noline, th 89 Nort 0 14, Township 78P 24 South, seconds West, 148.50 feet; nceirund ortt o' doe , ea minutes, 07 �� 59 minutes. 17 9ecorda Ydest. 76.52 feet to tete atw.� run South 06 degrees, 54 minutes, 15 secondsWest, along • F,�t r:ic,ht-yr�Y linoidght lin tz 149.52-feet to tete point of beginning. � AND Parcel TO tan.: 24-37-14-00-00255.1-0000.00 • to the plat as not 1, WPM MOM WEST, according Whale Records r County, Heade. Mat :�., 4�. Page 31 of the • • • TO 3JGd ti O A3�1I?JVI+ OI2i3Wtf 808gB96TZE Lt:6T 500Z/6t/ie FROM :V.KEENAN FAX NO. :3217992980 Jan. 25 2005 04:20AM P1 a,r..:. - , / G fr-S'd -- i ti."°`"' -"---- . 6416.11 •'v+• •LA.) ♦o!Mr or OO,C,Nir.,O r•,.r■mare 4r,a,N . ( ,� NNO'56•S6 E MILT' .. y e y 0 J 7 W f� 1�D�' .10?-1107k7 ®:4 „ARdOR HEI + F '1 i FIRST ADM + yAT,w. \� �� t` LOT3 N.N. gf::::: / \ ...1:,:‘ rr3 l � 6 ` '\ .� • � . *tom l + . © ` ` \\ �, : I-f 114 V. . ' ^ ,,,,c. 764 AfirAt\, I 1,,,,t.at, AN>/: y �� ,.... 1 ....., ..,....,... --.. , it „I* <43 : L 4:11n t:` yV�� .),IIS' /?o aI I ) t °�""m St it � Vx1 L S jlL?+` 1 � '` 01�- SGI i� •`r f la cm a yARgOR+-tE 11. 11 ltd Lie. (747.0 '/.1444 ! i1 .,fir .....____r______ _ . ...040 . 04 ) ( .. E0 3911d TIHOVA3NIMPENV0163WV 8000099 TLE 1.T:6T S06Z/6I/Te V+ -._._.___ R N --_tANE i AT • i C AV NUE rkx ..I.:9:::2 ✓ . Cit!!9 tF]fi.C.. S... 94'4xgTp -... IQ w f ( Z........„ , 1 i S8•--SET-BACK o : .t. iFs /1::-.'.—/- --- _- ! — as N stn COURT 20.67' (n IX L a co i 1 20. 6 7 r''.I I. _ _ i �- ,I..- o • 'e IL t f "-jr) Z..I 1s t I i s 20. 67° i t'lC OUR T Ai I i fr YARD <17 04 1 i I COURT til- 1 I I Yaiii �� .0 I i �` > A: 1 i 1 N n P 1 , , 25. sEre m iiiimilLe pC, I / i Ill 1 6c). 78 4 •J m I 8 I S,_._._. ._._._ EA SHFLL r City of Cape Canaveral Shady Villas Special Exception Applicant: Applicant James Morgan Location: Range: 37 Township: 24 Section: 14 Parcel A-16 &Lot 1 Harbor Heights Acreage: .60 +I- or an Acre Proposed Number of Units: 4 residential units Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to build 4 town home units. The subject parcel is currently vacant located on the northeastern corner of North Atlantic and Harbor Heights Drive. North South East West Zoning Cl Commercial Cl Commercial R1 Residential Cl Commercial Comp Plan Cl Commercial Cl Commercial R1 Residential Cl Commercial Existing Vacant& Residential Residential Restaurant and Conditions Residential Circle K Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This development could generate 3-5 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. This project could generate approximately 1,200 gallons daily. There is adequate wastewater treatment capacity available. C The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. This project could require approximately 1,400 gallons daily. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is vacant Palm Beach Pb soil type. Palm Beach soils are excessively drained sandy soils that consist of nearly level and gently sloping. There are no known wetlands, Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The potential addition of 4 new town home units would equate to at 2.37 persons per household to 9-10 new persons to the City. Page 1 of 1 itikm, F-0“.1,1 , Briticavb ' ! !.: 1 ' o + t Abp -4 Rapt t /:/D o 136 135 134 133 k.24 < A 1103 \ 0 A.03 A.05 .06/ 1 "V` 70 71 72 A.07 1 . (13 DAK. LA c 69 68 67 66 HARBOR D R tn 4.25 A.17 A.09 B � 1 213 5 1 1.. / IR ELIZA L 256 1 2 3 I � 6 5 4 3 2 1 7 _1 :, 524 8 9 t` A — 1157 )' 1J243 ,4A5464748 7 0 Lt. ` 6 r 414 ao http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1&id=2005050317... 5/3/2005 Page 1 of 1 4414M FGC, Q G' ° r kF141%WAXAif Pita iltek % '°1¢ % ZD 0 25x.1I 4fr 1[\, 130 135 134 133 b32 3 L,,,,,,,,,,,.,\ 747-'---...,Y0 71 72 73 3 A.05 A.0 A.07 A.16 ij , k 1 / I 69 68 67 66 65 HARBOR. Did 7A.09 B � 1�234 5 ( � t 256 1 2 3 4 L + R ELIZA ETH. L 1 5 4 3 2 1 I A 524 8 9 10 1157 - 14456474.87 01 I ) nLFAA. . I 6 A g http://www.brevardpropertyapprai ser.com/scripts/esrimap.dll?name=Brevard 1&id=2005050317... 5/3/2005 Page 1 of 1 i jill' vti#1 / a .. 4,' Ni, 1141 11111, Iliii, / '''',,, ..:.‘ , .4, �' �� �, ��`,- �� � �r yap i �. --- ' '''''#��e...� � � iiiii. ii, R ! . 11 � r A ;5 i .�.�.,� \8 „ 3 i . �a z,p' �y -SIA eel i 4 ..«, �a s 1 I ir u ?ilk .' s iii , , ,;....F' w 14 �� +� . F fi i.., • , 1 .,.., ,.., R �.0 a fix. € F r .9, - , '' 1111 dd' http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=2005050317... 5/3/2005 Special Exception Review To: Todd Peetz, City Planner From: Tim Reaves, Fire Inspector Re: Shady Villa's Townhomes Date: March 30, 2005 The Fire Department has no objection to the special exception, residential in commercial for Shady Villa's Townhomes located on the corner of Harbor Drive and North Atlantic Ave. a3 ` MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: March 28, 2005 RE: Special Exception Request No 05-02 Residential in Commercial The Public Works Department has reviewed the special exception request and does not have any comments or concerns with the zoning usage. A consideration note for the future site plan review; it would be desirable for access to be from Sea Shell Lane. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: May 3, 2005 RE: Special Exception 05-02 Residential in Commercial, a.k.a. Shady Villas I have reviewed the submittal of the special exception for the above referenced project. I do not have any further comments at this time other than what are found in the Special exception worksheet. Additional comments may occur during the site plan review of said project. View Legal Ad# 577259 Page 1 of 1 Print Window Close V1indiiw AD#577259-6/10/2005 Notice of Public Hearing The Board of Adjustments, City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of considering a Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida on Monday, June 27, 2005 at 7:30 P.M. Special Exception Request No. 05-02 to Allow Residential Use in the C-1 Zoning District - (Shady Villas)-Section 14,Township 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A-16 (Corner of Seashell Lane and N. Atlantic Avenue) All Shores Construction & Development, Inc./James E.Morgan, Petitioner. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L.Chapman Secretary to the Board of Adjustments If you should have any questions regarding the above ad, please contact the Building Department at(321)868-1222. AD#: 577259 Publication: Florida Today First Published: 06-10-2005 http://www.fl atoday.net/legals/di splay.htm?CMD=DISPLAY&Id=17424 6/10/2005 FROM :V.KEE14aN FAX NO. :3217992980 Jan. 25 2005 04:20AM P2 4-........- Parcel Y so.: 24-37-14-28, Parcel- �' of the Public That . ton 1 lye�8t ko gge �R�apnrd W. 401, being right-of-way Line of Old Rd, No. 401 Begin a the intersection Of the East an d State Plat of HARBOR and tba,North right-Of-wny lira of Harbor Drive. as Shown in plat Book 13, Pg. 99, of said Public Records: thence HEIGHTS; es get, along said NOrth right-of-way h 89 degrees, 59 minutes. 17 seconds run 8 9 East Line of the Southwest 1j4 of the Northwest 114 of line98:14 feet to p 24 South. Range 37 East; thence run along said Fast line, 8ertionl4, Unship West, 148.50 feet; theme run North 89 rl4�rtl� Oi. ��. �R mi,rruties. 07 76.52 feet to the aforementioned Bast 59 minutes. 17 secon4e West, 54 Minutes, 15 seconds fit, right .wsy line; thence run South 06 degrees, point e1 beginning. V eloX g e' id East right-vt- y lino 149.52 feet to the AND Pewoel ID NO.: 24_37-14-00-00255.1"0004.00 AC,#' the W Record& of T, aocording to the fwd County, Florian. thereOf as recorded in T.nt �-. .. 48. I,� 31 of Met = • • i8 39tid t11 iA3JI2ltiWhroaI2i3 V808089810 Li:6T S88Z/6t/T0 ar 4pCEAN ` �a 1v -lor�: { t Cityof Cape Canaveral ,, ��„� March 30, 2005 „s d ,< NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that All Shores Construction and Development, Inc./James Morgan, 413 Lincoln Ave., Cape Canaveral, FL 32920 has requested a Special Exception to Allow Residential Use in a Commercial Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334 (C)(10) for the property described as follows: Legal Description: Section 14, Township 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision and Parcel A-16 (Corner of N. Atlantic Avenue and Seashell Lane, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, May 11, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property you are cordially invited to attend this meeting and provide comment on the proposed request. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk IQ 1s,APoRrsiLvo I / 0 N.ATLANTIC AVE. I N. I i .,T. \ j I ,. tai 134 1Si 1i} 1:1 1 S t:t A]l ( I q S �I a CORAL Illi y�vr' ._. H I oar I ,,,,..,4;;;---,..- ++J/Tv 1 71 1 TI ITS I Tl C Ti i Ta AOT ���1 1 +1.1 10A 1(LA �� Si ti O ti II if I it H I is I HARBii i°Ro, I _ i°1\,1° 4 4. ,tLAIk4 EL I?A h - 1 3 s rl i r— ., A 1 IN u 1l1 °° C I 111T S ps 1 � L u ' I I I z cwt.12! I I I I I ° L� �i i ° 9 rs I i u ,\ " 2¢�r i.—"fJ - 6 I 2437-143e-14 -0Op1.� ci2-^n Ta 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com @ PLANNING & ZONING BOARD MEETING MINUTES MAY 11, 2005 A Regular Meeting of the Planning & Zoning Board was held on May 11, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:35 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau Donald Dunn 1st Alternate 4 OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: April 13, 2005. Motion by Leo Nicholas, seconded by Bea McNeely to approve the meeting minutes of April 13, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 05-02 to Allow Residential Use in the C-1 Zoning District - (Shady Villas) - Section 14, Township 24 South, Range 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A-16 (Corner of Seashell Lane and N. Atlantic Avenue) - All Shores Construction & Development, Inc./James E. Morgan, Petitioner. Todd Peetz, City Planner, gave an overview of the request and verified that the request was consistent with the Comprehensive Plan. The Board reviewed the special exception worksheet. Todd Peetz verified that he answered all the questions to the best of his knowledge. Lamar Russell discussed rezoning by special exception. Todd Peetz commented that the City has not rezoned, only allowed a different type of use. Anthony Garganese explained that if the applicant meets the criteria for a special exception, consistent with the Comprehensive Plan, then he is entitled to the special exception. He further explained that the City has historically granted residential use in the C-1 zoning district, which is considered a policy decision. Discussion followed. Anthony Garganese advised that it should be clarified in the Comprehensive Plan to allow residential in the C-1 zoning district. Lamar Russell pointed out that the zoning map and land use maps should be consistent. Planning & Zoning Board Meeting Minutes May 11, 2005 Page 2 James Morgan, Petitioner, testified that he could construct a three story commercial building however, he believed that residential would be a better use for the City and residents of the Harbor Heights subdivision. He advised that a granted special exception has expired on one part of the property. Leo Nicholas commented that one of the previous property owners replatted the property on Seashell Lane and there exists one single family residence located on the middle lot. He explained that now it is possible that commercial could be built adjacent to the single family home. He voiced his opinion that residential would be more compatible. The applicant noted that he has not received a road cut permit and would work with the City to obtain the best access. A resident at 211 Coral Drive made comments regarding: Properties on Seashell Lane that were being sold as three individual lots; tax increases; traffic congestion on N. Atlantic Avenue from all the new residential construction; concerned with the residences accessing on Harbor Drive rather than N. Atlantic Avenue; and questioned what the existing zone was on the three lots. Todd Peetz responded that the property is zoned C- 1, and the granted special exception for residential use has expired. Chairperson McNeely responded that the City, as well as the residents, is concerned with the traffic congestion. James Morgan advised that the code allows them to construct up to nine units instead of the four units, as proposed, and agreed to a condition that only up to four units would be developed. Motion by Lamar Russell, seconded by Leo Nicholas, to recommend approval of the Special Exception to the Board of Adjustments with the condition that not more than four units would be developed on the property. Vote on the motion carried unanimously. • - -•ard of Adjustment Re: Special Exception Request No. 03-07 - (Six Residential Units on Holman Road) - Request for a twelve month time extension - Vinod Kalida, VK and MK Development, Inc., Petitioners. Todd Peetz, City Planner, explained that this was the special exception granted to Mr. Venable. He advised that the special exception was approved for six units, and the new property owners only want to build five units. He noted that in two weeks the developer on the north side of this property was requesting developing 100 residential units, and commented that this is a much smaller request. He advised that a site plan will need to be submitted. Discussion followed regarding Mr. Venable's request and the number of units that were proposed. Ms. Kalidas testified that they only want to build five condominium units on the property. Leo Nicholas commented that it appeared to be a reasonable request and the lower density is an asset to the City. Lamar Russell agreed. Motion by Leo Nicholas, seconded by Lamar Russell to recommend approval of the time extension request based on the new owners and new development design, with the understanding to build five units. Vote on the motion carried unanimously. VK & M1(Development Inc. 7575YCingspalnte. Parkway.Sulre 23 Orlando.JG 328,79 407370.6884 td 407370-6651 fix April $, 05 pl• E& On git Vet Lta65+- 05—arl To: The Board of Adjustment Cape Canaveral, Florida VK and MK Development Inc. purchased 621.1 North Atlantic Avenue, Cape Canaveral, FL 32920 from James M. Venable, Jr. on April 6,2005. VK and MK Development is requesting a 12-month extension of the special exception for zoning of the purchased property for multi-family residential use. The land will be used to build 5 adjoining condominium units. Sincerely, Vinod Kalidas Principal VK and MK Development Inc. § 11047 CAPE CANAVERAL CODE (3) Adequate and properly located utilities sion, the applicant shall submit its request di- are available or may be reasonably pro- rectly to the board of adjustment prior to the vided to serve the proposed development. expiration of the first 12-month period.Addition- 1,'F ally, a special exception shall expire and become 11 (4) Adequate screening and/or buffering will null and void. if the use granted thereunder is II. be provided to protect and provide cora- abandoned or otherwise ceases to exist or a period ' patibility with adjoining properties. of 18 consecutive months. As used herein, aban- (5) Signs,if any, and proposed exterior light- doned shall mean that the applicant has gone out , ing will be so designed and arranged so as of business, let all business licenses lapse or has to promote traffic safety and to eliminate otherwise changed the use of the property in or minimize any undue glare, incompati- conformance with the Code of Ordinances of Cape . bility or disharmony with adjoining prop- Canaveral, Florida. Once a special exception has 1. erties. lapsed due to abandonment, the applicant must I' (6) Refuse and service areas, with particular resubmit its special exception request pursuant to reference to the items in subsections(a)(1) section 110-46 of the Code of Ordinances of Cape I;, and (a)(2) of this section. Canaveral, Florida. I- (Ord. No. 5-96, § 1, 6-4-96) (7) Required setback and other open space. _ f (8) Height. Secs. 110-49— 1=s . 'eserved. (9) Landscaping. (10) Renewal and/or termination dates. DIVISION 3. VARIANCES (11) That the use will be reasonably compati- Sec. 110-61. Variance. ble with surrounding uses in its function, its hours of operation,the type and amount Variance from this chapter shall be obtained of traffic to be generated,the building size only through action of the board of adjustment. and setbacks, its relationship to land val- The specific terms of each variance are binding ues and other facts that may be used to and may not be changed, except by a new vari- measure compatibility ance or by reversion to conformity with this chapter. (b) In granting any special exception,the board (Code 1981, § 643.13) of adjustment may prescribe appropriate condi- tions and safeguards in conforming with this Sec. 110-62. Applications; procedures. chapter. Violation of such conditions and safe- (a) The board of adjustment shall authorize guards, when made a part of the terms under which the special exception is granted, shall be upon appeal in specific cases such variance from deemed to be a violation of this chapter and this chapter as will not be contrary to the public punishable as provided by this chapter. interest, when owing to special conditions a lit- (Code 1981, §645.23; Ord.No. 43-93, § 1, 12-7-93) eral enforcement of this chapter would result in unnecessary hardship.A variance from this chap- Sec. 110-48. Expiration. ter shall not be granted by the board of adjust- ment, except according to the following: Any special exception granted under this chap- (1) A written application for a variance is ter shall expire if the applicant has not obtained a submitted demonstrating that: certificate of occupancy or occupational license as appropriate and utilized the special exception a. Special conditions and circumstances within 12 months of the date of its issuance; exist which are peculiar to the land, provided, however, the board of adjustment may structure or building involved and extend this time period by an additional 12- which are not applicable to other month period if the applicant can show good cause lands, buildings or structures in the for the delay. If the applicant desires an exten- same district. Supp.No. 11 CD110:18 City of Cape Canaveral _ o3'b��,,— Building Department (Please Print Legibly or Type) DATE FILED i; L. ) FEE PAID , }='� t L DEPOSIT ). t ;1.1.). ) RECV'D BY: ) ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) T n b„; i 8 n n d„ unit s and allow multifamil transition between C-1 and R-1 zoning . Address of request (if applicable)_ r: •2 n ;i N t h , r. Avmjune Legal Description; Lot, Block Parcel Subdv Section Township Range SEE ATTACHED STATEMENT OF FACT: State of Florida, County of Brevard; I Jame s M. Venable . Jbeing duly sworn, depose and say that )6 I am the property owner. I am the owner(s) designated agent. (notarized authorization required) James.M.,Venable Jr. Trust dated November 15, 1991 Owner(s) Name(s): ••1 Address: 738 NASSAU ROAD, COCOA BEACH, FL. 32931 Home Phone 781-9879 Work Phone 781—QR7R E-Mail Applicant(s) Names(s): Address; 738 NASSAU ROAD. COCOA BEACH. FT._ 3 931 Home Phone 7.3-987'3 Work Phone 283,98 2 E-Mail All information, sketches and data contained and made part of this request, are honest and tr7 the t of my o ledge and belief. Signature of Applicant Sworn to and subscribed p e on this cl -h day of D P r a m h a r 20 1 �� +,�o� Marlene r,: tr,Commission 044249 %. ,. 1°n#DD 49 2005 Notary Public,State of Florida =�,�` ' ,����uii�Q``` Z7IItt The completed request form and the $250 filing fee must be filed as follows: RequestsBonding-6., Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty(60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) 2 _ 1 7 4 1 1 ' ' City of Cape Canaveral APPLICATION FOR SPncIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. I DATE: I 1. NAME OF APPLICANT(S) •��r7�s /'j / 2./ � ,i--rr,C C ADDRESS (if assigned) �ixd.y��=r � 3 2‘i. / PHONE # 2 'i 78 FAX #3Z!- 7(I MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Sg e 1 :7< LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: A �� (� O. 5 SECTION: TOWNSHIP • 'RANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOL.jGHT (EXAMPLE, ARTICLE X, SECTION 2) ��. d 7 � � 1l�- 3 3 4 4. CuMPLL`fL i i iL: AT l'A':C I Ii,f.) 11'Om(SI II ET IN PULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) _1 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: • (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-st, larking and loading areas arc vided without ,< creating undue noise, glare, odor or detrimental effects upon adjoining cJct G' properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas,with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure confornLity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): .PPsi(11377S7477- 1. 1— e Lir?, //'1 etryilmmfdai cz zoned_fiio,o ,0 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: J/0 *Paid receipt from Finance Department for $250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") {' 67,4 �' A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: IA/. ,4 2. JA_. j''"/ outlining A property map showing properties within the 500 ft. radius, clearly u�,, outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, tvvtvili driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be lyr k attached giving the Notarized consent of the property owner to the applicant • to request the Special Exception. MV 8. Copy of recorded deed to subject prop?rty. jrl✓ 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) JM are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. C.; 6 ITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. This special exception will provide multifamily use which will allow less intrusive use of property , noise , light , vibrating traffic , utilizing requirements , should be more(see attach 2) Will the Special Exception create any unusual police, fire or emergency services? NO 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? All the requirements will be met . See Site Plan . 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? There is adequate access See Site Plan . 5) Is there adequate off-street parking and loading areas available without creating gndue noise, glare, odor or other detrimental effects upon adjoining property owners? There is adequate parking on Site . Loading Access are available on the property. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? YES . 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Screening will be provided on the East and on the West and South if considered desirable . 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Small identification sign may be provided . Lighting will 7 be provided in the Condo Parking Area. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET PAGE 7 CRITERIA 1 ) (attachment) acceptable than the Commercial Zoning . The area to the North and West is Zoned residential . 9) Is there adequate refuse and service areas? YES . 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? Yes. Setbacks, landscaping and open space meet the requirements of the zoning district. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Approval of the Special Exception will allow a logical transition from Commercial via multifamily to single family zoning. It will preventsome of the objectionable commercial usage adjoining single family homes to the West and North. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? Yes, the Special Exception is consistent with the goals, objectives, and policies of the comprehensive plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special exception is consistent with the intent of the zoning district with which the Special Exception is sought. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? YES. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? • c The Special Exception may be granted without exceptions. 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? The Special Exception should run concurrently with the property. 8 LEGAL DESCRIPTION The East 350 feet of Lots 26 and 27, Banana River Estates, according to the map or plat thereof as recorded in Plat Book 10, page 17-Public Records of Brevard County, Florida, LESS that part thereof conveyed to the State of Florida by Deed recorded in O. R. Book 235, page 452, Public Records of Brevard County, Florida. PORTION OF TAX PARCEL NO. 2436280 (We are requesting that the West 156 feet of the 350 feet be granted t Special Exception for Condos) • 0 RADIUS MAP _ �� ���) // \ \ \ I CROAT AV CAP SHORES CR I — L �9 41 ' I //; 7 ///l LLWAY RATES AY 7 / AQ A ,,1Ty.M1 °ARM!)AY yY .�^ _ / r'F SNDRA CR [APD a1oY.F."7" R IARTHUR AY I I YINSLDY CIR ,..�""'illi- a 5 �. �—1 I i r. / �,i + r. CLEVELAND AY_ II ii : 7 7 Q A:URE LA K p 19u es le n la 'I I 1 2 21 a 17 �p t1 WC[MET AY 7 I i I/I HOW KC KIRLEY AV ) §.!.An a =ioII /illi /1/ s al A- k9 _ MI 1 a I ERIDAR OR •{a 1n. bOIINELT AV 1 I I _/ 49 \ 42 u pg r, \I Si SI r ACURE LAS 1 i 1111/ 62 1 5S MI noon Ar f 1 ' ♦ ///// HARDING AV / 6 ,. -I BA RLOf AY P4iiitI1CU /SO _ YOUNG AV ,..illi JACK DR IIIIIIIIIMMemilill I ,____ // Brevard County Property Appraiser:Jim Ford BUFFER DISTANCE: 500 FEET APPLICANT NAME(SVADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS L6000 (one inch = 500 feel) VENABLE, JAMES M. JR. 738 NASSAU RD, COCOA BEACH FL 32991 Vas map LEGEND: was compiled from recorded documents and does not reflect an actual survey.The Brevard County Property Appraiser does not � , Notification buffer /A/ Parcel/lot boundaries OWNER NAMES)/ADDRESS: assume responsibility for errors or ommissions contained hereon, - Produced by:Brevard County Property Appraisers Office - CIS, November 24, 2003 Numbers on map correspond to mailing list\Q J Pr,,).0102-UCUA9(X) v VIASIX)-1.rnlp PLANNING & ZONING BOARD MEETING MINUTES MARCH 24, 2004 A Regular Meeting of the Planning & Zoning Board was held on March 24, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral,Florida. Board Chairperson Bea " a - .. .. . _..I .er-at2;311.p.at—Ihe-Secretarafraalle441144411. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Andrea Shea King Walter Schoenfeld 1st Alternate MEMBERS ABSENT Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Vice Mayor James Morgan Council Member All persons giving testimony were sworn in by City Attorney Garganese. OLD BUSINESS: 1. Approval of Meeting Minutes: February 25, 2004 Motion by Mr. Russell, seconded by Mr. Fredrickson to approve the meeting minutes of February 25, 2004 as submitted. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-07 to Allow Multi-Family Residential Use in the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range 37 East, Lots 26 & 27 -James M. Jr. and Elizabeth C. Venable, Petitioners. Planning& Zoning Board Meeting Minutes March 24, 2004 Page 2 Mr. Todd Peetz, City Planner gave a recap of the issues that were raised at the previous meetings regarding the official zoning boundary. He explained that the minutes from the July 7, 1980, Board of Adjustment, Yolanda Curtis petitioned the Board of Adjustment to make an interpretation of the commercial zoning boundary; a survey was prepared by John Campbell and recommended by Briley, Wild & Associates (the City Engineers)to be the correct boundary, 361' feet being commercial from the west AlA right of way; The Board of Adjustment recommended to City Council to accept the survey with the depth of 361' feet on July 7, 1980; the City Council discussed the issue during their July 22, 1980 meeting; on August 6, 1980, the City Manager wrote a letter to Yolanda Curtis that "the official zoning map will be corrected to conform to this legal in the near future". Mr. Peetz further explained that the Department of Community Affairs (DCA) is requiring the City to submit a comprehensive plan amendment showing the property depth at 361 ft. as commercial (C-1)property in order to fix the City maps. Mr. Peetz added that DCA told him that as long as they had previously seen a depth 350' ft. of commercial property that they would recognize that depth. He verified that the depth of the 1996 future land use map did show a depth of 350' ft. Discussion followed. Mr. Peetz verified that the special exception request is for 350' ft. and therefore, the Board could move forward with its recommendation to the Board of Adjustments; he verified that the special exception fits within the 350' ft.; the petitioner owns the parcel in which the special exception is sought; and the property is 156' ft. X 183' ft.; he advised that staff reviewed the request and advised that any concerns would be addressed during the site plan review process. Mr. Venable, Petitioner respectfully requested that the Board consider changing the request to allow six townhouse units rather than eight condominiums. He advised that townhomes would look nicer. He advised that he was glad the zoning matter has been straightened out. He noted that the additional 11' ft. of property was owned by Mr. Wilson who would need to seek a special exception to include the property in which he is planning to building a single family home because the property is zoned commercial. He explained that the property abuts commercial and single family residential; he was proposing to construct low-density residential which is more desirable than any commercial use. Mr. Kern, project engineer, showed a concept plan of the property depicting the proposed site plan layout for the eight condominiums. Mr. Venable verified that the units and parking would be facing east. He noted that most of the units will have 2-car garages, a few would have a 1-car garage. The Board members verified that the property was surrounded by C-1 to the south, east and north, and residential to the west. Discussion followed regarding requiring adequate buffering between abutting commercial properties. Discussion continued. City Attorney, Anthony Garganese explained that the issue before the Board is to determine if the City wants to allow residential in the commercial zoning district and if so, does the City want to impose conditions. He advised that the Board could allow the special exception for townhomes or condominiums and limit the number of units. Ms. McNeely commented that she likes the idea of fewer units because it would be to the advantage of the City. Discussion continued. Planning & Zoning Board Meeting Minutes March 24, 2004 Page 3- ----- --- - - — Motion by Mr. Nicholas, seconded by Mr. Russell to recommend approval of Special Exception Request No. 03-07 to the Board of Adjustment, as submitted, with the following condition: adequate buffering is required where the property abuts commercial properties. Vote on the motion carried by a(3) to (2) majority vote with members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr.Nicholas, for; Mr. Russell, for; and Ms. Shea-King, against. 2. Special Exception Request No. 04-01 to Allow Outside Storage of Recreational Vehicles and Boats in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, West 70 ft. of Parcels C & D, Tutens Subdivision- Howard and Betty Gould, Petitioners. Mr. Todd Peetz, City Planner advised that the request for Special Exception appears to meet the land development code requirements. He commented that the request is only for the western 70' ft. of the property; no mobile homes should be stored in the western 70' ft.; the access, especially to Central Boulevard, should be paved to the requirements of the fire department; landscaping should be added to meet the requirements in Sections 110-334, 110-566 and 110-567; consideration should be given to access a city sewer and drainage easement as requested by the public works department. Mr. Peetz verified that the parcel of property belongs to the Gould's,but does not belong to the trailer park; and this is not a request to expand the existing trailer park. Mrs. Gould verified that the trailers are being parked and stored and are unoccupied. Mr. Russell commented that the trailer park can not expand the number of lots or hook-ups and did not believe that parking and storing RV's is an expansion of the trailer park. Mr. Nicholas voiced his concerns regarding appearance. She planned to install Oleander's because they were pretty and would provide good screening when in bloom. Mrs. McNeely advised that she objects the request. She commented that these are vehicles that are not going to move, you can not mow around them; oil, grease, and gasoline leak onto the grass which runs off into the ditch and then into the river; they encourage vermin; and nothing was noted in the request that they planned to pave; Oleanders are the only screening proposed. Mr. and Mrs. Gould handed photographs to the Board members. They testified that they have motor homes, boats on trailers; and a derelict truck they are asking the owner to remove. Mr. Gould advised that he could not install a hedge close to the area because the rigs need to have room to move; some rigs are 13 ft. tall and 40 ft. long. Mrs. Gould testified that most people are their own tenants that live in the parks and the storage area alleviates safety concerns within the park; there are no repairs of the vehicles allowed and they are not allowed to wash the vehicles; they have no intensions to use the field or expand the use; and they have been providing this service to the residents of the City for 30 years. Mrs. Gould advised that she has a mowing company mow and weed whack • around the vehicles. Discussion was held regarding providing adequate screening along Central Boulevard. Ms. McNeely voiced her concern that the Gould's may sell the property, and maybe the new owner will not maintain the area. Mr. Russell commented CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. At this time it does not appear that the special exception would create an adverse impact to the above requirements. Being eight residential units should have minimal impacts on traffic and drainage should be able to be handled on site. 2) Will the Special Exception create any unusual police, fire or emergency services? The Special exception at this time does not appear to create any unusual service requirements. However, the conceptual site plan that was submitted did have some access concerns for how fire trucks would turn around on site. This can be addressed during the site plan review. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? The site is approximately just .66 of an acre and should be able to accommodate the requirements of the land development code. If approved, a special exception for residential requires the applicant to follow the provisions of the R-2 residential zoning code section. From the conceptual plan submitted there are some concerns with landscaping, parking and buffering. These issues can be addressed during the site plan review. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? It would appear that there is sufficient; ingress and egress to the site;for pedestrian safety and travel. As mentioned, emergency vehicle access still needs some correcting but there should be adequate space to provide a turnaround for emergency vehicles. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? As a residential use off-street parking could be accommodated on the subject property and we would want to adequate landscaping and buffering to minimize any perceived detrimental affects on adjoining properties. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There is a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Landscaping is required between commercial and residential zonings and in the parking areas. We will encourage appropriate screening to establish compatibility between uses. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Being residential there should be no disharmonies between the adjoining properties. As mentioned, landscaping will be encouraged. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The project appears to have adequate land to meet setbacks, landscaping and open space requirements. 11)Is the proposed use compatible with surrounding uses in its function, its ours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Residential use would be compatible with the surrounding uses. 2 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 16)Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the property. 1� 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal Cl C1 Cl R1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE SECT. APPLICABLE Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES X STRUCTURES 110-334 X LAND USES 110-292 per X 110-334 NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments yDate Reviewed by Bui •'• ; sffici r D signee: r` OPM Signature: 16 4 City of Cape Canaveral Stewart Special Exception 03-06 Applicant: James M. Venable Jr. Location: Range: 37 Township: 24 Section: 26 Lots: 26 and 27 Acreage: .66 of an acre Permitted Number of Units: 10 Dwelling Units Proposed Number of Units: 8 Multi-Family Units Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to use the property for residential use in a commercial C-1 zone. The subject property itself is vacant and located on the south side of Holman Road. North South East West Zoning Cl Commercial Cl Commercial Cl Commercial RI Residential Comp Plan Cl Commercial Cl Commercial Cl Commercial R1 Residential Existing Conditions Residential Residential Commercial Vacant-Residential Public Services and Facilities in Amendment Area: The impact on public services for one (8) residential units is, the Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2002 was 9,161. This is still adequate park space available. AlA is operating at Level of Service "A" with 202 available peak hour trips between Center Street and McKinley Street. AlA from Center Street to North Atlantic is operating at a level of service "A" with 586 available peak hour trips. The maximum peak-hour volume acceptable is 2060 trips or a LOS of"E". The proposed change with development could generate 4 peak hour trips per day and this would not create a traffic deficiency. iQ The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel has Pb — Palm Beach soil associated with sandy well drained soils. This area has been previously cleared. There are no known wetlands, floodplains or endangered species currently identified on site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archeological resources on site. Population Projections and Trends: With development of 8 dwelling units could represent 19 new residents. This should not have a significant affect on the population projections. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: January 20, 2004 Subject: Venable Special Exception 03-07 (Residential in C-1) It appears that the Venable Special Exception could meet the land development code requirements. This review does not relieve the applicant from other local, state and federal agencies having jurisdiction over the project site. If you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 12, 2003 RE: Special Exception Request No 03-07 Residential use in C-1 Zoning District. Lot 26 & 27 Banana River Estates 6211 North Atlantic Avenue The Public Works Department has reviewed the special exception request and does not have any comments or concerns. I I I I I ! 1 t 'k, Y r 1 , 5 i M a� CAPE CANAVERAL,VOLUNTEER FIRE DEPARTMENT, INC..'. � r � r, • • t.. Serving the city of Cape Canaveral&Canaveral PortAuthority Special Exception To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Holman Rd Special Exception Residential use in Commercial Zone Date: 12/16/03 I have reviewed the plans"and the fire department has no comment on the commercially zoned property to be used for residential;construction �, . § _., :::,., W b kX :. ,. ,,,1,;,:-e of, ` ', _ ,r,41. g). L �� u .., X L. `z 0 i ,�, H t §:. '�ttG.�''CS�. • .,,,,-4 VII....: d 4{,..,I'' '�a: "AWf' ,-T. -mry 4y c+.j OWE, k, 4 } ...i. s r ft° Station#1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777 • FAX: (407) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 City of Cape Canaveral Board of Adjustment Meeting Minutes April 12, 2004 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 12, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerman Chairperson Earl McMillin Vice Chairperson Ronnie Farmer Robert Laws Paula Collins 1st Alternate MEMBERS ABSENT: Connie McKone OTHERS PRESENT: Susan Chapman Board Secretary Bea McNeely Ex-Officio Member Deborah Nutcher Assistant to the City Attorney Todd Peetz City Planner Leo Nicholas Planning & Zoning Board Member Todd Morley Building Official All persons giving testimony were sworn in by Deborah Nutcher, Assistant to the City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of February 23, 2004. Motion by Mr. Farmer, seconded by Mr. Laws to approve the meeting minutes of February 23, 2004. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-07 to Allow Multi-Family Residential Use in the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range 37 East, Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Petitioners. Mr. McMillin, stated for the record that he was handed a note from legal counsel informing him of voting conflict provisions of Florida Statutes with which he was familiar. He advised that he attended all of the Planning & Zoning Board meetings concerning Mr. Venable's application, he lives on Holman Road, he does not have a financial conflict, the reason he attended all of the meetings was to make sure that the City did not make an error because they did not know and still did not know where the boundary is between C-1 and R-1 zoning districts South of Holman Road. He was satisfied with the research performed by Mr. Peetz revealing that Mr. Venable's property was in the C-1 zone. He stated that he did not have a voting conflict. Board of Adjustment Meeting Minutes April 12, 2004 Page 2 Mr. Venable, Petitioner, testified that the property was located on Holman Road and is located in the back part of the C-1 property where the Tea Room and Hertz Rent-a-Car was located; the property was unique because it was located between C-1 and R-1 zoning; the purpose of the petition was to allow a gradual transition between the zoning districts by constructing multi-family; the proposed density was less than allowed by city code; he may decide to construct a lesser amount of units than the eight units depicted on the submitted conceptual site plan; he believed the special exception would be advantageous to everyone; it would prevent any commercial building up to 45 ft. in height from being constructed; the units will be an asset to the neighborhood. He advised that he would use curb-side trash service and verified whatever he does would meet the requirements of the city code, including adequate buffering. Mr. Peetz, City Planner, testified that the applicant has applied to construct eight units on property that allows ten units at maximum density. The City would be going through some administrative comprehensive plan amendments and rezonings to ensure the depth of the C-1 zoning district is met, per the City Council direction. Mr. Peetz verified the identified property in which the special exception was being sought. Mr. Peetz advised that the comment by the fire department regarding turning radius would be addressed during the site plan review process. Mr. McMillin voiced his concern that Fantasia Fantasy Golf has overflow lighting. Chairperson Rigerman responded that the city code has provisions to address overspill lighting through code enforcement. Mr. Peetz advised that landscaping, parking and buffering would be addressed during site plan review process. Mr. Venable advised that the City Manager informed him that the recommendation by the Planning & Zoning Board was to allow multi-family use, not limited to a certain number of units, not townhomes or condominiums, but recommended multi-family residential per the R-2 code. Mr. McMillin advised that city staff and the Planning & Zoning Board had reviewed, held discussion and based their recommendation on the information that had been submitted for eight condominium units. Mr. McMillin advised that at the third P & Z meeting, Mr. Venable said he would like the alternative of constructing six townhouses rather than eight condominiums and the P & Z minutes indicated that his request was lawful. Mr. McMillin disagreed with the City Attorney because city staff reviewed a certain submittal. Mr. Venable verified that the City Manager contacted him after the last P & Z meeting and told him that the approval was conceptual, approval is for multi-family, they were not approving the numbers, and he could construct what was allowed in the R-2 zoning code. The Board members disagreed with the City Manager and questioned why the City does not rezone the property. Mr. Morley, Building Official, gave examples of differences between townhomes and condominiums. Ms. Nutcher, Assistant to the City Attorney, responded that she knew that the City Attorney and Assistant City Attorney advised her that at this point, the project is at its conceptual stage and more detail can be involved at the site • plan stage. At this point, the issue is whether to allow multi-family residential use in the C-1 district and not the specifics of how many units or what kind. She reiterated that the specifics would be during the site plan process. Mr. McMillin responded that this means after all the residents that were notified of this request go away, according to the City Manager and City Attorney, Mr. Venable can construct what is allowed in the R-2 code and not what was presented at the meetings. Mr. Venable responded that the neighbors should be happy to have eight or less units rather than more. Mr. McMillin questioned why the Board for the past ten years that he has served has been doing this wrong and why were they looking at all this paperwork for a certain type of plan and now they find nut that it is lust rnnranti ial rlisr.i issinn nnntini sari Board of Adjustments Meeting Minutes April 12, 2004 Page 3 Ms. McNeely, Chairperson of the Planning & Zoning Board, advised that it was the understanding of the P & Z Board that this request was for no more than eight units. Mr. McMillin clarified that Mr. Nicholas had made a motion that the request be granted as stipulated in the request and that is what was recommended to the Board of Adjustments. Mr. Venable commented that the City Manager apprised him of the fact that it was an inappropriate approval and that it was a conceptual approval and not just the numbers and the Attorney was telling them the same thing. Discussion continued. Motion by Mr. McMillin, to grant the special exception for eight condominiums, as recommended by the Planning &Zoning Board. Discussion followed regarding the special exception process. Motion died for lack of a second. Motion by Mr. McMillin, seconded by Mr. Laws, that he be granted to do whatever is permitted in R-2 zoning on C-1 property. Discussion followed. Mr. Venable advised that the property is zoned C-1 and directly next to it is residential and a special exception will • allow more desirable construction next to the residential. Motion carried by a (4) to (1) vote with members voting as follows: Ms. Collins, for; Mr. Farmer, for; Mr. Laws, for; Mr. McMillin, for; and Ms. Rigerman, against. 3. Special Exception Request No. 04-01 to Allow Outside Storage of Recreational Vehicles and Boats in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, West 70 ft. of Parcels C & D, Tutens Subdivision - Howard and Betty Gould, Petitioners. Mr. and Mrs. Gould, Petitioners, testified that they wanted to continue storing recreational vehicle and boats on the western 70 ft. of their property which is what they have been doing for approximately 20 years; they had gone through some process 20 years ago and thought they were granted a special exception for the use but no one can find the paperwork. Mrs. Gould advised that the storage area started for their tenants in the trailer park for safety reasons and now the city has a lot of condominium complexes that do not allow for parking or storage, so they are providing a service to the citizens of the city, as well as their own tenants. Discussion followed regarding comments by city staff. Mrs. Gould noted that the Planning & Zoning Board asked them to provide a buffer to block the outside storage from the street. Mrs. Gould offered to install Oleanders as a buffer as highlighted on the submitted site plan. Mr. Gould advised that the Oleanders would be planted outside the 70 ft. area to allow the RVs sufficient turning radius. Discussion followed. Mrs. Gould verified that their was fire department access provided off of Central Boulevard and through the park from N. Atlantic Avenue; they maintain the roadway and weedwack around the recreational vehicles. The Board members reviewed photographs of the property. Mr. Gould verified that there were no vertical obstructions. Mrs. Gould verified that all the vehicles were properly tagged with the exception of one that was being worked on; they would not pave the road or the area where the vehicles are being parked; the Oleanders would be planted to create a dense buffer to block the view from the street. Mr. Gould noted that he would contact the city regarding providing reclaimed water to where the Oleanders would be planted. April 14, 2004 James M. Jr. and Elizabeth C. Venable, Trustees 738 Nassau Road Cocoa Beach, FL 32931 RE: Special Exception Request No. 03-07 to Allow Multi-Family Residential Use in the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range 37 East, Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Trustees. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 12th day of April, 2004. Based on the testimony and information provided, the Board of Adjustment has approved your request. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, Marilyn Rigerman Chairperson 0XCEA Ap.6 If IP City of Cape Canaveralt %- a:Fr April 14, 2004 James M. Jr. and Elizabeth C. Venable, Trustees 738 Nassau Road Cocoa Beach, FL 32931 RE: Special Exception Request No. 03-07 to Allow Multi-Family Residential Use in the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range 37 East, Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Trustees. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 12th day of April, 2004. Based on the testimony and information provided, the Board of Adjustment has approved your request. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, il^^ >9! Marilyn Rigerm(✓ Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com s4pCEAA►d ; 'nLM i .4 _ , ,, :vi,,,,, ''�� City of Cape Canaveral ; . , 4.4zIzir,__,E,.,..., F J.W.L.,L.L.C. May 20, 2005 ',.-/' P.O. Box 187 Cocoa,FL 32923 Re: Violation of Special Exception#04-03 at Beachside Scooters and Rentals 6103 N.Atlantic Ave. Unit F Cape Canaveral,FL 32920 To Whom It May Concern: A violation appears to exist at the above referenced location regarding the Special Exception#04-03 granted for scooter sales and outside display,with conditions. Two conditions have been violated: 1. The Board Of Adjustment Ordered an affidavit to be given to the City of Cape Canaveral granting the applicant Power-of Attorney via notarized consent from the property owner to the applicant to request the Special Exception. The City has not received this affidavit. 2. The Special Exception was granted with the condition that the outside display of scooters be limited to one of his existing parking spaces. Code Enforcement investigation has revealed that the applicant consistently displays the scooters in the Public Right-Of-Way on the weekends. This correspondence is provided to notify you that on June 27, 2005 at 7:30 pm,the Board Of Adjustment will consider City Code section 110-34, Violation of Conditions of Special Exception at the above referenced property. You are hereby requested to appear at the appointed time to demonstrate that the alleged violations do not exist. If you have any questions,please contact the City of Cape Canaveral Building Department at(321)868-1222. Sincerely, odd Morley Building Official C: J.W.L.,L.L.C.844 Bel eM�dIsland ..' FL 33138 Norman W.Weaver 4033 Estancia "ay Melbourne,Fl 32934 File Arkk-Dern)" 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email:ccapecanaveral@cfl.rr.com City of Cape Canaveral 2 C CLI Excep1vn Building Department }� 7 (Please Print Legibly or Type) i, t `�����5 T '�� DATE FILED V" Ai FEE PAID4 '2k1)" DEPOSIT j L'II�,I`1 RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Re_ l Q. 1 CIS 5 'te6-s. is 0Ll-tS)dQ- bIrtaq Bf' cCA kFS -Nr- Q [e / Address of request (if applicable) ( ) ID 0 i !(LA�le_ /Pi SN ti IL I 0 NYE(I, lgvigeite Legal Description: Lot 'BlockParcel 223 26 Subdv l nr xrTi'Euer Fa6k5 rL 2 7),,0 Section Ql, Township 02'15 Range 5`)E S]ATEM$iT OF FACT: State of Florida, County of Brevard; I yei-L�j c ui eft— ,being duly sworn, depose and say that /I am the property owner. VI am the owner(s) designated agent.,(nojaTized authorization required) ' I Ltc gc' cck//- c(5i� Owner(s) Name(s): ) Co, Address: 7C -.?-,'26- -77 a'CCc L EC- '3Z52- Home Phone Work Phone -71CC E-Mail Applicant(s) Names(s): NO?/4/9-A) id, Aent./E/e `l Address: 1/63 ES,,I�;/ &Ill Lay 1'YJ�t&ou I FL 1�,q_7 / Home Phone Y7I"7�7 7 Work Phone '7 Q lif E-Mail (�U e 6 lSt&rt ) (146`• c°� All information, sketches and�d`aa contained and made part of this request, are honest and tru o the best of y yojwledge and belief. 'J pc...„...,_ /...........-,,...‘„,. .....„...... Signa re of Applicant Sworn to and subscribed before me on .. I day of . L "f d1 /� /(!�� �I� ��� :z ""yV.- BETH ANN MALLOW j 1 =.0. i•� :._ MY COMMISSION#DD 008768 / r 1.2'..--„;,..-.....k: EXPIRES:May 12,2005 Notary Public, State of Florida -40f# Pondoa Thru Nary PudXe underwriters The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty(60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) 0 2 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 6 y 1. NAME OF APPLICANT(S) 1SEAC1}-sr.D E sC' 'r RS/,wN AI f Ig (k' _ oni4- ADDRESS (if assigned) 610 N $ 1 [ /JTQ A „on pi' 4,&'11_ Ave/W I'3.07-5" oc- PHONE # 74"7i ` 4/ FAX # 3 i-g8c- xJ E-MAIL S I T 1 Azi ,co 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: — SUBDIVISION:1 lfUfla Tl►1 ( PARCEL:22 A 2 3 SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: 267 TOWNSHIP 2_z15-'''RANGE 39E- DESCRIPTION: )EDESCRIPTION: g LdCk V- 141 ii-SO gy 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2)� d –SS 'd- 1 I 0-3 V 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) C– /6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: /(a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-i :et parking and loading areas a provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach dditional sheet if necessary): o be ab l e 0.0 di s (dt_ ? 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for$250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from" �".5 g5SO/e 0 F Fi A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. t -71 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. WI ()Natal r C.f(1I ICat1 I- J8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. � i • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The intent of the special exception is not for the entire property, but for rental unit F and or Beachside Scooters. The special exception is for outside display and rental. At this time it does not appear that the special exception would create an adverse impact to the above requirements. Impacts on traffic should be minimal but are unknown since the number and duration of scooters to be rented was not provided. Noise may also be an issue for adjacent retail users if the scooters idle in one place for an extended period of time. 2) Will the Special Exception create any unusual police, fire or emergency services? It is not anticipated that the display of scooters will create an unusual need for emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The special exception for outside display will not impact lot, height and setback requirements. The primary issue is outside storage/sales. The vehicles need to be currently registered (as appropriate)and in a movable condition to be in keeping with the City Code. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? There is adequate ingress and egress from the existing driveway access. Pedestrians should be able to freely walk between retail units. The sidewalk should not be blocked in such a manner that other customers can not walk around the scooters on the side walk. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? There is parking assigned to the entire shopping center. The parking spaces are limited the scooters should not occupy more than one parking space. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development(if applicable)? This is not applicable to for the type of outside sales. A full complement of utilities are provided to this shopping center. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? As mentioned pedestrian access between businesses should not be compromised. Scooters should only be stored directly in front of the business requesting the special exception. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility,and disharmony with adjoining properties? Disharmonies could occur if the scooters generate a significant noise decibel. 9) Is there adequate refuse and service areas? Not applicable to the request, but yes refuse service is available. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? Not applicable to the request. 2 11)Is the proposed use compatible with surrounding uses in its function, its ours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Compatibility may be questionable with the request. It may depend on the number of scooters, pedestrian access and noise being generated. 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 16)Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the use of the tenant of the property. If the property or tenant converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. 3 • BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C1 C1 Cl R3 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE SECT. APPLICABLE Code Sect. Applicability Yes No PARKING 110491 X LOADING ZONE NA X SETBACKS(A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning &Zoning Board should also review Section 11047(1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: R ! Cc / • rt��rl ted' Signature: 4 •' -1.-. .," ' .. .........:,,,....... ........ 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I I ¢ E G 0 f ' .. _v_ .—. —.. — i v R 4 4 4 , D I i • AS Pr :1 6 �` OfrirTIM_ sipais as rum "."44 A sese+o +1%, +► &TZ U.SSE .. 1r: -� rt,nwrrtc,Nre, aY:_;i/ •�. -- mem Ira R at•p -�-•..•• if ACCEE6 ROAD / ------r---— _ ----• - ----__r __ 7 1 I , 10 u --1-- . z I ---- r 1 ' I -- -- m —— . -- 4 • 2:7 X ill 0 i . 5 > I 1 1 r_ `• ! 6 t 1> I 12 I;37 1 I I g Z 0 ..,. .. --- i i1 I • . Li ; , 1 (P IT.IVtil I ; t tri I _-CI t 44.70 0 I , - 1 1 1 NM i m ' A - <4, ra \ u 0 if Z , II m , Ig , -- iz 14 . :_.. N _[,i ,, ., , .., >, 1 . . _ I . , ,..„. ..-- I I I i i. . ilP 1 , . 1 .200. ON' 5T2rRY STak—• E ITS •• ... .. I 1kg I • I I iwia* l 1e* I 'D _1212 w 2 -- i trii? c\ rn _ vto ) it 1 2 i 11 6 ;STE TLAN scmc AS TiDTED 1 A LEASING PLAN PM 1. RETAIL •saTE allims". t. s.STINCUISHED P l'x'" I, '''. li 00") Ml 1=--r- —r-i "I'RE CORAL SHOPIPET memo a inyEAlerma cogr. i I11103-6113 w ATIAtinc AvE. ,..._ P.O.POI Ulan coca*WI,it 321133 leFiv •.i ...•• •,...‘z,• •'1.,•,1••=,..% CAPE CANAVERAL FL 32420 , omee 4320 .. ..=• •• , I met with Keith Bennett regarding the parking issue at Coral Shoppes. You all need to remain aware of how tight the parking situation is there. When someone comes in for a permit to "build-out" one or more of these spaces we need to caluculate the require and available parking based on this information: • There are 36 spaces p16-3 handicap spaces on site. (Requirement is for two accessible spaces on accessible rouTes) - I am not certain that the rear handicap space is on an accessible route. • (The handicap spaces can not be counted in formulating the required number of spaces') • Office/commercial (retail) use requires one space 300 sf. [110-491(9)] • Rent-A-Center(retail) is 3,735 sf. (12 spaces)/- • Tips and Toes (retail) is 1,198 sf. (4 spac9s) • Scooters (retail) is 657 sf. (2 spaces) V • Six more spaces remain at 657 sf. each. Totalling 3, 942 sf(13 spaces) • This totals 31 spaces. 7' Todd Morley C Sly Building Official Z City of Cape Canaveral -� l 105 Polk Ave Cape Canaveral, FL 32920 C Phone 321-868-1222 www.myflorida.com/cape E-mail: morley-cape@cfl.rr.com Fax 321-868-1247 �5 4 P.83 NGV-0?-20633 88:48 WI:JEW SOILERJ CELEO • r llNu����l�lllllil 111111rlI1J1l iIF1 Prepared by and record and return los CFN:2003356143 11-12-2003 08:20 am WATSON, SOXLEAU, DELEO, BURGETr & PICb3.ES. P.A. OR Book/Page: 5115 / 2935 3490 North U.B. 1 Highway Post Office Box 236007 Cocoa, FL 32923-6007 (321) 631-1550 Scott Ellis Jo@I L. SOILSAII Clerk Of Courts,Brevard County 03-4035 #Pgs: 1 #Names:2 MEC: 6.00 DOC6055.00 ' Trust: 1.00 Rec: 5.00 Serv:0.00 , 6,055.00 'Excise:0.00 Mtg: 0.00 Int Tax:0.00 pRANroR: CND Mar&DIvistenefeT. L.L.C., a Florida limited liab41Lty cougemy GRANTEE; JM., L.L.C., a Florida limited liability carper ' GRANTEE'S MAILING ADDRESS: 644 Sella lead Leland Miami, Florid* 33131 DATE: October _, 2003 LEGAL DESCRIPTION OF PROPERTY LOCATED IN ERS/ARD COUWPY, FLORIDA: fa*CiL X: The net 200 feet of Lot 23 and the last 200 feat of tea North 90 feet of Lot 22, )3303 a arca lSTATZB, according to the plat thereof, as recorded in Plat look 10, Page 1, of the Public Records of irevard County, Florida. PARC= IT, A peryetnal emergent for egress and ingress to and fret Parcel z ever and scrooge the Louth 10 feet of the last 200 feet of Lot 22, DA2ama IZVNR =TAM, according to the plat thereof, as recorded in Flat nook 10, Pegs 1, of the Public Records of lrs.rrd County, Florida. The grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to the grantor in hand paid by the grantee, the receipt of which is acknowledged, has granted, bargained and sold to the grantee, and the grantee's heirs and assigns forever the land described above. The Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. This conveyance is subject to restrictions and matters appearing on the plat or otherwise common to the subdivision: public utility easements of record and taxes for the year 2003 which are not yet due and payable. KOwitnessed seed by: GRANTOR; �/ HWB RETAIL DEVffiAPMETT, L.L.C., a Florida limited liability ooa:pany I Z Prjzt Name` xICRASL HILL • 'e Peer-Wenteger Aal/meee+ • Print xnme: ACrZaoP5,,EDOEIragr The foregoing ins sworn before me this 1 b day of Got: er. IV4AoQv..Jf2.24' 2003, by MICHAEL. HILL, of HWB RETAIL DEVELOPMENT, L.L.C., • Florida 1 ited iability company, who is personally kmowo to me or who has produced VAC'S aft:: as identification and who did take an oath. No axy lic: Name: ri la> KIJGS�,L H .�S`RRb► `(�+_�_rt'sE,- { T"'�" eq CoamiaeloaBwP4ase. .S \ c-6 w.o� a-� 1 �1Z • •.. • ,• r: 213726CR22.0l • DAVID HOWARD-NOTARY PUBLIC HAWKINS RUSSELL JONES 7/8 PORTMILL LANE HITCHIN,HERTFORDSHIRE SG5 AS 7 • Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: September 15, 2004 Subject: Beachside Scooters Special Exceptions 04-03 It would appear the request is consistent with the land development code. I would suggest that the sales be limited to one parking space due to the limited parking availability at the shopping center. If you have any questions, please do not hesitate to contact me, 407-629-8880. f'i MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 18, 2004 RE: Special Exception Request No 04-03 Scooter Sales Outside Rentals 6103 Atlantic Ave unit "F" The Public Works Department has reviewed the special exception request and does not have any comments or concerns. Planning & Zoning Board Meeting Minutes September 22, 2004 Page 3 Chairperson McNeely called for a five minutes recess at 8:45 p.m. The meeting reconvened at 8:50 p.m. NEW BUSINESS - CONTINUED: 1. Special Exception Request No. 04-03 to Allow Rental, Sales, and Outside Display of Scooters, (6103 N. Atlantic Avenue, Suite F) - Section 26, Township 24 South, Range 37 East, Parcels 22 & 23, Banana River Estates Subdivision - Norman Weaver, Designated Agent. The Board members reviewed the application packet. Mr. Peetz, City Planner, gave an overview of the request. He noted that the outside display should be limited to only one space, located in front of Unit F, because parking was limited at the Coral Shoppes. Mr. Weaver, applicant, explained that he moved his business from across the street to the Coral Shoppes because the previous location was too far back to be noticeable. Mr. Weaver gave an overview of the various models of scooters. He advised that the City issued him an occupational license for rentals and sales, and later informed him that he was required to obtain a special exception. He explained that the rental scooters are fueled and stored in the garage facility, located behind the main building. He verified that there would be no noise that would impact neighboring businesses. Mr. Peetz clarified that the scooters are classified as motor vehicles. Discussion was held regarding distance requirements for motor vehicles. Motion by Mr. Fredrickson, seconded by Mr. Russell to recommend approval of Special Exception Request No. 04-03 with the condition that the outside display of scooters be limited to one automotive parking space; and the hours of operation be limited from 8:00 a.m. to 6:00 p.m. Vote on the motion carried unanimously, as amended. 2. otion Re: Site Plan Approval for Villas at the Port (aka Sea Spray Townhomes), Lot A29, Tuten's Subdivision, Section 14, Township 24 South, Range 37 East - Martin Greene, Applicant. Mr. Peetz, City Planner, read his report of the overall project and advised that this property has a granted special exception for residential use. He noted that the landscape plan was revised to meet the 3" dbh requirements of the code. The Board members voiced opinions that the units are small and the architecture is the same throughout. Mr. Gibson, representative for the developer responded that the windows have various shapes and sizes; an easement was vacated to the City in good faith; he designed the plan and it has been copied five times in other places; all staff comments have been satisfactorily addressed. Motion by Mr. Russell, seconded by Mr. Schoenfeld to approve the Site Plan of Villas at the Port aka Sea Spray Townhomes as submitted. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes November 8, 2004 Page 4 • Circumstances did not result from actions of the property owner. • The applicants petition addresses a grievance caused by miscommunications between the contractor and Building department. Other property owners were not faced with this set of circumstances and, therefore, no special privilege is conferred upon the applicant of the Variance. The property owner had no knowledge of the code violation. • Reasons set forth justify the variance is the minimum possible encroachment, which leaves the structure useable. • Leaving the structure unaltered would better serve the neighborhood if left unaltered and thus presents a more compatible appearance. Vote on the motion carried unanimously. 4. Special Exception Request No. 04-03 to Allow Rental, Sales, and Outside Display of Scooters, (6103 N. Atlantic Avenue, Suite F) - Section 26, Township 24 South, Range 37 East, parcels 22 & 23, Banana River Estates Subdivision - Norman Weaver, Designated Agent. Norman Weaver, owner of Beachside Scooters testified that his business was located next to the new ReMax real estate office at the Coral Shoppes. He explained that the scooters are moped type, and run on gasoline; he was requesting a special exception to display the scooters outside on only one parking space and to rent scooters. Todd Peetz, City Planner clarified that the code requires a special exception for both uses. The Board members reviewed the exhibits. Discussion followed regarding the number of parking spaces. Mr. Peetz, City Planner advised that the Planning & Zoning Board would be entertaining an ordinance at the next meeting regarding Section 110-566 to accurately reflect small motor vehicles. Chairperson Rigerman advised that the applicant will need a notarized consent from the property owner to the applicant to request the Special Exception. Assistant City Attorney, Jeff Buak suggested that the Board consider tabling the portion of the request regarding scooter rentals until after the adoption of the ordinance. The Board members reviewed the criteria worksheet and noted that the special exception would run with the use. Motion by Ms. Rigerman, seconded by Mr. Laws to approve Special Exception Request 04-03 f r scooter sales and outside display, with the condition that the City receive a Power of Attorney giving the notarized consent"from the property owner to the applicant fo request the SpeciarExcepton. The request for the rental of the scooters is postponed un i i y •u ci amends ec ion S-566 of the City Code of Ordinances. Vote on the motion carried unanimously. (I2eIall Site MARKETING FJ DEVELOPMENT LLC 1325 N ATLANTIC AVB 320577 COCOA„BEAEHF 2932-0577 321 . 8687100 321.. 868 . 7101 FAX KEITH BENNETT . BROKER / DEVELOPER 21 September 2004 C 0 Coca FL 3Zg1Z 3 -0661. (235- G1v( phori- City of Cape Canaveral C Cape Canaveral FL 32920 6 35-(1100 Guy ra .Z55� 0LZ i To Whom it May Concern: tern'- aell This letter serves as authority for Norman Weaver, as tenant, to act on behalf of JWL, LLC and Retail Site Co, fcr the application for special exception use at the Coral Shoppes, 5103 N. Atlantic Ave, Cape Canaveral for the rental, sales and outside display of motor scooters at Beachside Scooters, unit #F. Sincere RET L E MKTG & DEV, LLC. . --"--r ---- ----.- lC lVe. K .th Bennett I I Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 Jim Ford, C.F.A. tsrst. .' FraProperty A , . ...,.' Pro er�t; p y ppraiser � P- Brevard Q1,4nty, Fl � fiL ;a�, ResearchaFRT A•ppf • [Home][Meet JimFord][Appraiser's Job][FAQ][General Info](Save Our Homes][Exemptions][Tangible Property] [Contact Us](Locations][Forms][Appeals][P perty Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][fax Facts][Economic Indicators][Office Audit][What's New][Links](Press Releases][Tax Estimator] General Parcel Information for 24-37-26-CH-00000.0-0022.01 Parcel Id: 24-37-26-CH-00000.0 Man Millage 26G0 Exemption: Use Code: 1210 0022.01 Code: * Site Tax Address: 6103 N ATLANTIC AV, CAPE CANAVERAL, FL 32920 Account: 2436274 *site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner Name: JWL LLC PART OF Second Name: Plat BANANA LOTS 22 & Book/Page: RIVER 23 AS DES Third Name: 0010/0001 ESTATES IN ORB 541 Mailing Address: 844 BELLE MEAD PG 912 ISLAND View Plat(requires Adobe Acrobat Reader- City, State, MIAMI, FL 33139 file size may be 1arg Zipcode: Value Summary for 2004 Land Information ** Market Value: $650,000 Acres: 0.87 Agricultural Assessment: $0 Site Code: 340 Assessed Value: $650,000 Land Value: $190,000 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $650,000 ••This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8).Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5115/2935 11/2003 $865,000 WD I 4437/1834 10/2001 $675,000 WD 3886/3404 4/1997 $100 QC I 3033/1610 12/1989 $100 WD http://www.brevardpropertyappraiser.com/asp/Show parcel.asp?acct=2436274&gen=T&... 11/10/2004 CD Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 11274/0890 / $41,500 1 *5*Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff.They have no bearing on the prior or potential marketability of the property. Building Information Building Photos PDC Use Year Story Exterior Interior Roof Roof Floors Ceiling # Code Built Height Code Code Type Mater. Code Code 1 1110 1963 10 7 MU 9 4 MU MU 2 4810 1981 12 8 7 9 3 3 4 3 4810 1983 12 7 7 9 3 3 4 Building Area Information PDC Base Garage Open Car Screened Utility Enclosed Total # Area Area Porches Port Porches Rooms Porch Basements Attics Base Area 1 8764 0 1104 0 0 0 0 0 0 8764 2 2100 0 0 0 0 0 0 0 0 2100 3 3019 0 0 0 0 0 0 0 0 3019 Extra Feature Information Pool Fireplace Fence Driveway Lawn Irrigation Shed Dock Seawall No No No No No No No No Tax information is also available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Data Last Updated:Tuesday,November 09,2004-Printed On:Wednesday,November 10,2004. New Search 1 Help I • • (HomeJ[Meet JimFord][Appraisers Job][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] (Contact Us][Locations][Forms][Appeals][Property Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][Office Audit][What's New][Links][Press Releases](Tax Estimator] Copyright(J 1997 Brevard County Property Appraiser. Al] rights reserved. Disclaimer Applies to Results http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2436274&gen=T&... 11/10/2004 6) iIlt,„ F hINr,14) .., ,11 %lis•• s /s�iii zoi 4. » / 4. / :',1•''44) 'i .. / ii (li, /''., cb 4 OM 1 1` • 1 R, l _ •>::. J : 'f h r'''' _.... . ",* '"' f, l _ i za 41 !' tJ •I • 1(11_4, j 4# • •f n11 r 1 ii! '.i'' od a .,,. 71111 i ' 1 111 If , _ • ,,,a_ Ni ,III. X41# ` . ....... �� _t `� .i v s I 1 ..\ i , s,, ,, A%, 1 i,...—......-----. ., ` 1 ., t el'1 �$ I -.0) fit s'► / Wim. i m t t ' ? # V 94# .. • e z'til • :*. i rr , . Is ti --:,r! i �, ' 3 5,- t t e'.'."'�h - "arxec.�+m .awaara Y +',. 4 ti.. .n: r'kx+'y 'xt. ..1.,.. .t . 1„,,,,,,__ .-..„ ....! __.: 1„,t,„1,..„,,,,4,..?„,,,,,,:,:t„-14..„._st.„...„1.iw,,,....„,4z _ ! , __..„. - .,, _r_-„,......,...�r „ r 4 ms`s z ty� .- i ' ..,..,1 1:,.,, _.„.....,s„.‘ ,f„,,,,,,, ,„;...,,....„,,,...±..„.....,,,.,.......,,4,„„. i s a a * r a 45 .,,sf,i�-_. _ :.:_:-..„,-.,-„,-.---:,,,-„,.;,,„4,,,.,.„,„:,,, ,,-!._.„: 45-1., ,- ,.. r ,. r m ... ,r,, _ , ..„.„...„,..„, „......,„,..„..„..„,..„ d _1 z —' .. ..., :,, r, A • . .__, 'tea s £ . _ ,. .. .. • ., .. ....._ ...„:•,.. .„,.. ...„„„,,,,,,,,„_,,,,Fl.;.-,:6'..------%•7.-,,,,--::.‘,-,.-4 :6 �1£y CY 3 L ,..-...:,-,-..,--,•,-.,,,,,,,..i.,-....4,„., -r `- n.P h ALT_ 4.-t- 3 C .. f t 5 - x Svc *+ - { t I -„,.,344,----,-4,--.., kz SF T -J jt : i di �. �' 1� a ." ter i INN 0"li �.gg y' '/r -� ^fie S i M3 1°1 ' _: 191, -moi f 1 I yI 0 Board of Adjustment Meeting Minutes November 8, 2004 Page 4 • Circumstances did not result from actions of the property owner. • The applicants petition addresses a grievance caused by miscommunications between the contractor and Building department. Other property owners were not faced with this set of circumstances and, therefore, no special privilege is conferred upon the applicant of the Variance. The property owner had no knowledge of the code violation. • Reasons set forth justify the variance is the minimum possible encroachment, which leaves the structure useable. • Leaving the structure unaltered would better_serve the neighborhood weft unaltered and thus presents a more compatible appearance. Vote on the motion carried unanimously. 4. Special Exception Request No. 04-03 to Allow Rental, Sales, and Outside Display of Scooters, (6103 N. Atlantic Avenue, Suite F) - Section 26, Township 24 South, Range 37 East, parcels 22 & 23, Banana River Estates Subdivision - Norman Weaver, Designated Agent. Norman Weaver, owner of Beachside Scooters testified that his business was located next to the new ReMax real estate office at the Coral Shoppes. He explained that the scooters are moped type, and run on gasoline; he was requesting a special exception to display the scooters outside on only one parking space, and to rent scooters. Todd Peetz, City Planner clarified that the code requires a special exception for both uses. The Board members reviewed the exhibits. Discussion followed regarding the number of parking spaces. Mr. Peetz, City Planner advised that the Planning & Zoning Board would be entertaining an ordinance at the next meeting regarding Section 110-566 to accurately reflect small motor vehicles. Chairperson Rigerman advised that the applicant will need a notarized consent from the property owner to the applicant to request the Special Exception. Assistant City Attorney, Jeff Buak suggested that the Board consider tabling the portion of the request regarding scooter rentals until after the adoption of the ordinance. The Board members reviewed the criteria worksheet and noted that the special exception would run with the use. Motion by Ms. Rigerman, seconded by Mr. Laws to approve Special Exception Request No. 04-03 for scooter sales and outside display, with the condition that the City receive a Power of Attorney giving the notarized consent from the property owner to the applicant to request the Special Exception. The request for the rental of the scooters is postponed until City Council amends Section 110-566 of the City Code of Ordinances. Vote on the motion carried unanimously. , 4 , I if, r ' ..• -'1,, e ) n I i IIII: I, 1 i.:11._, ::1 r . ,.. , f, „. , ,, .. i,..., 1 - --- 1 114 11 i, ,.. , . ._ .. .. , --,.;11,1 , xi..:, ,,,.,, 1,, • , - • 1 i S , , 1 ' ,, " to . i ..../. . , IPA I i - - .... 1 f 1 . I --. 0 • ---- .1. , ".;:, I.•t "life rall.11.11. . . t 1- - •i . . ..... • . rt, iiiii,. :_ p 1 wi ., ---- . . .. . I. .. i -,. ' I 11) 1 ilit Ift Ht 2 i i r el %if 26 el 0 1g . I °I* 4 amommill. , . I ' , . , 1 e CITY OF CAPE CANAVERAL "7` " COUi'ICILMEMBER/CITY MANAGER REQUEST/COMPLAINT FORM REQIJES'17 -# DATE RECEIVED: i 1"4..•we---- �S RECEIVED FROM: \N\OQ X REQUEST/ + F `‘(---'Q- ' GOO re-,eper, k-1 Q-S• ,f-t 00\‘Q.-a .y.t„,c...,...)ck,v...c_. -t-i).,..30 .k.A.___ ./ ......A-V-4:1*er ---Viz..--4.) tv, , -1-9"471-1 N.N9-, 4 17%na9.024p€r- 144210"1— IFK„4„ „ i , Keen ",; I Realt ig z non rV, I It N..'' _ „ ' . J„�"i q�{�[ ', MMININ •ilt , .. .. ' ' : y� y } �` pn,µ.t orill'r /71-4/7 \O. V' ' :., ' , '. MI-IkL-',1 ' ' -q' 1.:-' . _ _ a. ,. 3 LI' 41;Y ti-: '''. . '. ...f is1 .. li ph. ' �� T. • y,� /� ^= jOhno '.'' 1. • .1 • Ali .,, • 1_ - ,.,,. \ j5,Mgr I - ,1- (0S - Pn\-Cco.- i,, - -- — \ . 1-- \C Q •04 i + Li I � , .,_ • J N - 3\050, • ,,-- P. ,,-- -- - — _ = * M , � .. - 4, \\*N R xXP'jY 2' N Y E— -,v6 9 Cityof Cape Canaveral 0 MR ,, ,i El i 4 CITY OF CAPE CANAVERAL 1g:. -, ' CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA .- THE CITY OF CAPE CANAVERAL, Case No: 2004-00059 ti: A Florida municipal corporation, Complainant, v. Owner of the property JWL, LLC NOTICE OF VIOLATION C/O John L. Soileau, R. A. Property location at: 6103 N Atlantic Avenue, Cape Canaveral Respondent(s): Norman W. Weaver, Business Owner Beachside Scooters PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 6103 N Atlantic Avenue, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): JWL, LLC C/O John L. Soileau, Esquire, R. A. 3490 N HWY US I Cocoa, Fl 32926 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 3. Description of violation(s) at Property: Chapter 110, Section 334, "Special exceptions permissible by Board of Adjustment": (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (15)Vehicle rental facility, as provided in § 110-556 of this code. Chapter 110, Section 556; Definition of vehicle rental facility shall be defined as commercial establishments where motor vehicles are kept and, maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. 4. Recommendations to correct violation(s) described above: You must obtain a Special Exception for the use of vehicle rentals in a C-1 zoning district. You may obtain an application from the Building Department, located at 105 Polk Avenue. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape a averal. (7c. a ' G v _ Duree Alexander Code Enforcement Officer Date: 7/10/2004 C: JWL, LLC, C/O John Soileau, R.A 3490 N HWY US 1, Cocoa, Fl Code Enforcement Board Meeting Minutes June 17, 2004 Page 3 Andrea Bowers, City Treasurer testified that in order for the business to provide food, other than a personal chef that prepares the food at the clients' location, they have to have a health department license. Ms. Bowers further stated that she is unable to issue an occupational license without the health department license. Officer Alexander respectfully requests that the Board find Bernard & Connie Kerns in violation of Section 110-523 Home Occupational License required, 70-71 Engaging in business without paying tax, & 70-72 Evidence of engaging in business. However, staff is requesting that they be given until July 22, 2004 to obtain the occupational license. Assistant City Attorney, Buak recommended that they not be found in violation of Section 70-72 evidence of engaging in business, as this provision is just giving information to determine whether there is a violation. The true violation is Section 70-71 engaging in business without paying tax. Motion by Mr. Holfve, seconded by Mr. Godfrey to postpone until July 22, 2004 Code Enforcement Board meeting to allow respondent to obtain the occupational license. Discussion followed. Vote on the motion carried unanimously. 5. Case No. 04-059 — Violation of Section 110-334 Special Exceptions, of the Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.), JWL, LLC, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented Exhibits for the Board's review. Officer Alexander testified that on several occasions, Norman Weaver, business owner of Beachside Scooters, has displayed the scooters on the City right-of-way. Officer Alexander respectfully requests the Board find JWL, LLC, property owner and Norman Weaver, business owner in violation of Section 110-334 Special Exceptions, 8 (a, b) & 15. Ms. Alexander further requests that if the scooters are displayed without the Special Exception, Beachside Scooters be fined $100.00 per day for every day the scooters are displayed, and be given until July 22, 2004 to apply for the Special Exception to the Planning & Zoning Board to come into compliance. Norman Weaver testified that the notice of violation stated he had 15 days to comply and he feels he has done that. He further testified that he is working on the application for the Special Exception, however he has concerns whether the minimum requirements of item 4, Section 110-556 (regarding 15 feet of green belt) can be met. The following Motion by Mr. Holfve seconded by Chairperson Russell is verbatim: Mr. Holfve, "I make a motion that no violation be found since the scooters have been removed, and I would hope that Mr. Weaver will not display them while this process of getting the exception, I hope you get it, and we will deal with this depending on the outcome of that hearing from the Planning & Zoning Board. 32 Code Enforcement Board Meeting Minutes June 17, 2004 Page 4 Attorney Buak, "I think the motion was to not find a violation and to find them in 310Yio,-t compliance, which would be the end of this code case. And he would have to be resisted recited for any future violations, that's as I understood your motion." Chairperson Russell: "Did he also imply in his motion that he is expected to apply for the Special Exception?" Attorney Buak: "If you find him in compliance, how can you make any requirement?, the Co.;e . ' case is over. So but you could find him, if the Board so desires, to be in violation of the cib4/c5,-t dates and times that were presented by the staff and indicate that he can come into compliance by obtaining a special exception permits for outdoor display or to continue not to outdoor display or not allow outdoor display. Mr. Holfve: Alright, I will amend my motion along those lines. Attorney Buak: "We need to see if there is a second to the amendment then we'll get the secretary to read it back. Mr. Hale: "I'll second it for discussion." Attorney Buak: "Well actually the original second has to second it because it was an amendment." Chairperson Russell: I will withdraw my second for the purpose of discussion and make it a straight second to the amendment. Attorney Buak: Talking to the secretary; "Can you tell us what the motion was?" Secretary: "To find in violation on the dates that she (Duree) stated and to come into compliance by applying for a special exception." Attorney Buak: "or not permitted outdoor display, future outdoor display" "Is the Board clear on the motion?" Chairperson Russell: "I think we were all clear, I just wasn't sure how we were going to get it on paper. Is there any further discussion? Call the vote." Vote on the motion carried unanimously. •URNMENT: There being no further business th meeting adjourned at 8:18 P.M. l4 J Approved on this d—day of , 2004 Mary Ru ell, Chairperson - � J•y D.ine, Board Secretary / ,_-*,..---./ ' ACE4A, 'lEll 1 71 I , 4,,, City of Cape Canaveral 'I'll - J CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case# 04-0059 A Florida municipal corporation, Complainant, v. JWL, LLC, Owner(s) of the Property located at: 6103 N. Atlantic Avenue Norman Weaver, Business Owner Beachside Scooters Respondent(s). / ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 17, 2004, to determine whether any violation(s) of the City of Cape Canaveral Code of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent(s) was/were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section(s) 110-334 Special Exceptions, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation(s); 2. Respondent(s) has/have violated the City of Cape Canaveral Code of Ordinances, to wit: a Special Exception is required for retail stores using outside display areas for merchandise pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 3ti 3. That said violation(s) existed, within the City of Cape Canaveral and that such constitute(s) a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. The Respondent(s) stop the outside display of merchandise; OR obtain a Special Exception for outside display, to correct any violation(s) of the City Code on the Property; 2. Any and all future recurrence(s) of any violation(s) addressed herein after same has been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist 3. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this. day o _ , 20(4 CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7� /1.r Mary Fussell Chairperson Copies furnished to: Respondent(s): JWL, LLC, Property Owner _ Norman Weaver, Business Owner City of Cape Canaveral, Case File ;F ,0 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 22nd day of June, 2004. Joy ErKaine, Board Secretary _LC/W.IZ72'(--- ,Of* Duree Alexander, Code Enforcement Officer 03/01/05 From: Craig & Mary Stewart 300 Columbia Drive #3301 Cape Canaveral, FL 32920 To: City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 Ref. Special Exception No. 03-06Lot A-10, Teutons Subdivision, Section 14, Township 24 South, Range 37 East - Oak Lane To whom it may concern, The city has granted a Special Exception for the land which we own on Oak Lane in Cape Canaveral. Due to a number of circum- stances, not the least of which were the 2004 hurricanes, we have been unable to move forward as expected. We hereby request an extension of the Special Exception for another 12 months. Thank you for your help with this matter, Alkor raigtart Maryr tewart City of Cape CanaveralCial Eopho" 0 Building Department (Please Print Legibly or Type) Req(A +if 0 3-06-1 DATE FILED161910:) FEE PAID-K¢� ).(X) DEPOSIT ,5,17 RECV'D BY:N.. ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) /3 l 11 4;,< /l 'AAA 4AAJA11 h 01u 0 Address of request (if applicable) n%`k /_!2",, Legal Description: Lot ���Block Parcel Subdv /P4..)+C K S o Section Pi Township 2'1.1 Range 37 STATEMENT OF FACT: State of Florida, County of Brevard; I ,being duly sworn, depose and say that iI am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): Cvs S A 2 S' f�)(14 s1 I r� C S�e.P11r Address: ?�, C(u kb A t' -a C Jaz ,64L 3. -9.-14, Home Phoneb.L2ELEAWork Phone 26S• cSy41 E-Mail Grocd ne�g k doii_®lcskistatil t eirk'( Applicant(s) Names(s): Cv-n.4.1 S-4ewa4 Address: S .-( Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest and i ue tp thelest .f my .owledge and belief. /0 - / Signature .ipplicant Sworn s and subs' -d before me on this (2 day of ZoftroLac,20 r3 . Notary Public, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty(60) days prior to the Planning &Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) 2 - i1 4 31 r, * - 7 - City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 1. NAME OF APPLICANT(S) C ,F ��c ADDRESS (if assigned) PHONE #3a( ea-SS-VI FAX # $6&• 09/ E-MAIL (;:0J21 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: ' LOT: .)tY BLOCK: SUBDIVISION: T vfeM.4 2* PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: 1. 0 SECTION: 14 TOWNSHIP RANGE 37 DESCRIPTION: P44( 4 Lgrts AA As hes I,, S l ae 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) /10 — y 00) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. Y (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. yes.. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. }des (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. YeS (g) Required setbacks and other open space. yes (h) Height. v (i) Landscaping. yes (j) Renewal and/or termination dates relating to a lease, if applicable. NM' (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. A PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): / 7k il_f_tc;249 LX Cr{Low cd h.ea2,41 s� 44/2t Ii4V4 4h( a s-, �P l--(' . 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: ✓*Paid receipt from Finance Department for$250.00 Application Fee. v *Paid receipt from Finance Department for Deposit, if applicable. ( ake checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: r; , ..../.<<.1 w, 'A,,;`,,L AL i i, J 17A property map showing properties within the 500 ft. radius, clearly outlining the subject property. /The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 ( ) • • • 111111111 II II II 1111111111111111 CFN:2003333705 10-22-2003 09:09 am OR Book/Page: 5095 / 2898 scoff Ellis WARRANTY DEED Clerk Of Courts,Brevard County #Pgs:2 #Names:4 Trust: 1.50 Rec: 9.00 Serv:0.00 Made this ' day of September,2003, by: Deed: 735.00 Excise:0.00 Mtg: 0.00 Int Tax:0.00 GEORGE E. MACVEIGH and ELLEN G. MACVEIGH, his wife " hereinafter called the Grantor,to: - CRAIG STANLEY STEWART and MARY CAJACOB STEWART,his wife hereinafter called the Grantee, @ address > 300 Columbia Drive, #3301, Cape Canaveral Florida 32920 (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporation) Witnesseth,that the grantor,for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Brevard County,Florida,viz: LEGAL DESCRIPTION ON ADDITIONAL PAGE,ATTACHED HERETO. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to Hold,the same in fee simple forever. And,the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will • defend the same against claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2002. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. i Signed,sealed and delivered in our presence: £ v • %1.52c- �L L,k ' ' with 17 George E. MacVeigh 7040 Upland Ridge Drive Adamstown,Maryland 21710-9615 fflulicbclelt witness: Ellen G. MacVeigh 7040 Upland Ridge Drive Adamstown,Maryland 21710-9615 State of> Maryland County of> f2 ei n.1 t2 r c cr(t The foregoing instrument was acknowledged before me this „260 day of September,2003 by GEORGE E. MACVEIGH and ELLEN G. MACVEIGH,his wife,who produced Drivers Licenses as identification. ( v ( � Prepared by and Return to: Not y� u ic,State o a�rid JOHN MINOT,Attorney ,, �,,,, 319 Riveredge Blvd.,#214 (n.p.seal) ,.ss,ss.ly,C• 9 ,,, •• ) Cocoa,Florida 32922 ;.4. '' .. \ / File No.03-10226 =Cr; NOTA 1? .. Eos 9,04.�uN.r"..00 .APS,, iV/Li/LVVJ iV•VJ Jii.,.,.,.+.+.+v .. \\\l\\l\\l\\ll\\\1l \\\ll\\\ll\\\il\\\\\\l1\\1l\1\l\\\l\\1l\\l\\l'l • R2 0 333 0 5095 2899 • ,COMMENCE ATA POINT.ON THE EAST LINE OF LOT B,ACCORDING TO.THE PkLAT OE;7UTEN'S SUBDIVISION. RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC R CORDS OF BREVARD COUNTY, FLORIDA, WHICH IS 66 FEET SOUTH OF THE NORTHEAST CORNER OF LOT B OF SAID SUBDIVISION; THENCE WEST •.PARALLEL•TO THE NORTH LINE OF SAID LOT B AND 66 FEET DISTANT SOUTH • ':THEREFROM 880.3 FEET TO THE POINT OF BEGINNING.THENCE FOR A FIRST C ,4JRSE RUN NORTH PARALLEL TO THE WEST LINE OF SAID LOT B, A :D STANCE:OF 112 FEET, THENdE FOR A SECOND COURSE iRUN EAST, 1&�4141 LEL WITH THE NORTH LINE OF SAID LOT B A DISTANCE OF 94 FEET; TH . ENCE FOR A THIRD COURSE RUN NORTH, PARALLEL WITH THE WEST LINE :•:••••:••• 'OI=kSAID LOT B,A DISTANCE OF 16.5 FEET; THENCE FORA FOURTH COURSE ::'' ;. 'RUN,EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT B,A DISTANCE OF $OO..,FEET, THENCE FOR A FIFTH COURSE RUN SOUTH PARALLEL WITH THE WET LINE OF SAID LOT B,A DISTANCE OF 128.5 FEET; THENCE FOR A SIXTH '"'` COlfR5E I2UN WEST PARALLEL WITH THE NORTH LINE OF SAID LOT B, A - DISTANCE OF 394 FEE TO A POINT OF BEGINNING. • • • • • • • • • • • • • • • • • • • • • • . 1 f December 16, 2003 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that Craig Stanley Stewart and Mary C. Stewart, 300 Columbia Drive; #3301 ; Cape Canaveral; FL, has requested a Special Exception to Construct a Single Family Home on Oak Lane, Lot A.10, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110- 334 (10) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 14, Lot A.10 In accordance with the City Code of Ordinances, No. 18-2002, may this letter serve notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted ahnve. The meeting vyill he held on January 714, 7nn4, at 7:30 P.M. in the City Hall Annex 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustments with respect to the above-named property. The final riminictrativ4= apprn;, l nr rrianial %Aril) rnma hafnre the Rnarri of Anil Ictment at a c,Ihcanl1Pntly scheduled meeting. Since your property may be located within 500-feet of this property you are cordially invited to attend this meeting and provide comment on the proposed requested land use change. If a person decides to appeal any decision made by the Planning and Toning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. Susan Stills, CMC City Clerk J ;1 1411 f r UFj 1 12r�EE • AAA" /°.il Ai% { A_24A •5 :e+ All Ani iRBA Nor • i9►-,z- E L Aa, A.,QAK LA t--- • — I HARBOR A 1;A7. 8 :ter Aax CL,RA EEL12AE t i i t ' ''\t•`:c 6 iia 1; `r I. t A; I („xtitifp2 GM §10;I i e 1114441'Ii f El efr-46(41,4 leen I c { {• ! 6.7( ' :. f RADIUS MAP e 1 1 r: -- --\"\ a / SHOREWOOD DR 9CAlOr BLVD a a 1 # e' { a 4 r -- - '\ / d 7J /JCORAL DR v L5 11 13 2/II la ,.(.1a .'��/ 17la;- OAK o (((lll _ � lV a 4314 II 4 J6 3,s ,.4 JDn 2♦Zi r zs 1tD_EnflwJ ' e6 5t 1 o.' is mm alas mai , m k sells, si I r�.,..„.. _,,,„....,:: allk—riit mil [ C • a2—M �7 Fa g ,,,ToNqE,A,_,9t4 iire 74 rrRt..,It yrs. COMA.Raw ale 1 111.11111.11, 111 s ......„ gimp :,,, '''i Ill P 41 > 1 3 X1111111111111111►���� ��� ) I 111110.1 Brevard County Property Appraiser.Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1:6000(one inch= 500 feet) Craig Stewart 300 Columbia Dr43301, Cape Canaveral FL 32920LEGEND:This map was compiled from recorded documents and does not reflect an actual survey.The Brevard County Property Appraiser does not j Y Notification buffer OWNER NAMES)/ADDRESS: assume responsibility for errors or ommissions contained hereon. STEWART, CRAIG STANLEY and STEWART, MARY C H/W /\/ Parcel/lot boundaries 300 COLUMBIA DR 3301, CAPE CANAVERAL FL 32920 Produced by: Brevard County Property Appraisers Office—CIS,December 11,2003 Numbers on map correspond to mailing list Pmj.0102-,r.,5(0 aw500-1 cmp g) .:" 3tt�5cs,_$.'.i,_ ... '�,r-�i:2s5 ...if3u'.'-._ +.:--<z_>. .2-, .•- _ - ,._ _ in .OTA-1 o NORTH(D) FD 1/2"IR Noo 54 29 V)/(M) 112.q9'(D)(M) - v 3 l " � CI t'`i ., CO mss.00' 1 mi — '-,-1.50, - co D -n R3 F° O.)...—•• TO NI 0 NORTH(D) 0 E N01°54'29" M) 16 O'(D)(vl) --'s - :.% ) 0 r m co � � A . 0 W Nom 0 o 0 ' 0cw p 0 41) M w 0 c 7 P › -CIO7 r' r W 0 ' �� 0 O Z w m Cri 2 70 o OD m X 70 °7 > c cz 73 w ^Trn < 01 -P N N O N z N K l * M o O.) - Z a o m a IV O CD......... 713 O _..l O1.11.1 i73 0.90' Co N' D IN II k-n D y a 0 0 = o rn N m N N m o o SOUTH(D) o 70 l ^o S01°35'27"E(M) 128.50'(D)(M) o LOT A-17 R Gtr rn IV m -.' -0 Ail—ANTI ���FD 2"IP N OT, oC PB 1,PG 22, 66' NE CORNER OF LOT 6 THE ABOVE BEARING STRUCTURE IS BASED UPON PLAT OF RECORD(ASSUMED) NOT VALID WITHOUT THE SIGNATURE THE SURVEYOR HAS NOT ABSTRACTED THE EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD OF THIS AND THE ORIGINAL RAIF/ED SEAL OF PROPERTY. THIS SURVEY DOES NOT WARRANT TITLE. AT TIME OF SURVEY,BUILDING FOUNDATION FOOTERS, FLORIDA LICENSED SURVEYOR AND UNDERGROUND IMPROVEMENTS,ENCROACHMENTS,AND/OR PUBLIC UTILITIES WERE NOT LOCATED. AT THE MAPPER. REQUEST OF THE CLIENT,APPROXIMATE WELL AND SEPTIC TANK LOCATIONS,IF ANY,ARE SHOWN. APPROXIMATE SHORELINE LOCATIONS,IF ANY,ARE NOT INTENDED TO REPRESENT A PRECISE MEAN HIGH !- WATER LINE LOCATION IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA COASTAL MAPPING ACT l/ ` -� OF 1974.THIS SURVEY IS ONLY VALID WITHIN 30 DAYS OF THE SURVEY FIELD DATE. NO PORTION OR PART OFf' i� --2 ' THIS SURVEY SHALL BE REPRODUCED,TRANSMITTED OR THE LIKEWISE,THE EXCEPTION BEING ELECTRONIC _ PHUP R.KING,P.L.S. OR FAX TRANSMISSIONS ORIGINATING FROM ACCURATE LAND SURVEYING,ITS SUCCESSORS AND/OR ITS FLORIDA UCENSE HO 4222 ASSIGNS. _ - _rte _-, — CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. At this time it does not appear that the special exception would create an adverse impact to the above requirements. Being one residential unit should have minimal impacts on traffic and drainage should be able to be handled on site. 2) Will the Special Exception create any unusual police, fire or emergency services? The Special exception at this time does not appear to create any unusual service requirements. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The site is approximately just over 1 acre and should be able to accommodate the requirements of the land development code. If approved, a special exception for residential requires the applicant to follow the provisions of the R-2 residential zoning code section. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? It would appear that there is sufficient; ingress and egress to the site;for pedestrian safety and travel and for emergency vehicles access. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? As a single family residence all off-street parking could be accommodated on the site and we would not anticipate the creation of detrimental affects on adjoining properties. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There is a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Landscaping is the responsibility of the homeowner, we will encourage appropriate screening to maintain compatibility between uses. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Being residential there should be no disharmonies between the adjoining properties. As mentioned, landscaping will be encouraged between the residential and non- residential uses. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be normal pick up service. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject property should be able to accommodate setbacks, landscaping and open space requirements. 11)Is the proposed use compatible with surrounding uses in its function, its ours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? A single-family residential would be compatible with the surrounding uses. I 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 16)Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the property. 1=� BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C1 C1 Cl C1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE SECT. APPLICABLE Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES X STRUCTURES 110-334 X LAND USES 110-292 per X 110-334 NOTE: The Planning& Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Buildin; : ici. • R esi um- /6/ (11 Signature: r r ?tzt f`l� City of Cape Canaveral Stewart Special Exception 03-06 Applicant: Craig Stanley Stewart & Mary C. Stewart Location: Range: 37 Township: 24 Section: 14 Acreage: 1.058 acres Permitted Number of Units: 15 Dwelling Units Proposed Number of Units: 1 Single Family Unit Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to use the property for residential use in a commercial C-1 zone. The subject property itself is vacant and is located on Oak Lane. North South East West Zoning Cl Commercial Cl Commercial Cl Commercial Cl Commercial Comp Plan Cl Commercial Cl Commercial Cl Commercial Cl Commercial Existing Conditions Vacant Residential Commercial Vacant-Residential Public Services and Facilities in Amendment Area: The impact on public services for one (1) residential unit is, the Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2002 was 9,161. This is still adequate park space available. North Atlantic is operating at Level of Service "D" with 179 available peak hour trips between North Atlantic and Central Blvd. North Atlantic south of Central Blvd is operating at a level of service "D" with 224 Available peak hour trips from Central Blvd to Al A. The maximum peak- hour volume acceptable is 810 representing a LOS of "E". The proposed change with the proposed development could generate 1 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel has Ca — Canaveral soil associated with urban land and Pk — Parkwood, moderate fine subsoil variant, associated with a high water table. This area may have been previously cleared at another time. There are no known wetlands, floodplain or endangered species currently identified on site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archeological resources on site. Population Projections and Trends: The average single family dwelling unit may contain 2.37 persons per unit or 2-3 persons per unit. This should not have a significant affect on the population projections. , . Ml R3 M1 I R2 .- . ---_..--- T - / mi L 1 "-.. MS Cl R2 R3 CON ti_ \ - --�---- n ra R.3! I' �— - In- -_�.. ,,n -17.7_era___ - or __j--- Rt ("_ Ri li 1 \c2 ., um !ill waorQ-�--,�xi c:2 mi 031 o .., =Iiii/Lccivini._-____,---.----',Oopon Wows we-=--,"==- - a cen�1 BNd E i - L�e_m�are __ . , Ri a J I _� Cl n� —ffi--- _ C2 n �^ R2 CON R3 %. a gr±+1-R2 '11-4L---- R3`------ R9 n ♦ li:- ---uoncs � - 7 �... PUB Pl7e R3 \"i l -. n ( n I Rz ( :- - 1 �z — II i.-,. IA.—Il._ ----------. _.._ R3 t E� �Dn.�tr-I CI it-- -1�Ad ..` ._F� �� - L CON--I— RI _-. a- ° R2 JCR . - 4 Ri= I 1Z - R2 Rz CON � . n jr-La i--- �.n°R2 A+cR. R2--iiI3TI3 R3 I Ci I_ i.-._.._IMA --.._. C R2 R3: i jr �N. a-- LJ 1i .217 lif R3 �j n - -yyyy Sobyc„� _d 1r R2 R2 II -R2 R9 BANANA RIVER BR92 _II.. __I ,v __ - --== ATLANTIC OCEAN ii BR95-.!A 15. -611-iii- R2 R2 I i Rz.V-- r � BR90 �"�r.� -PB-- .Aur-[, 1-R27 R9 tY -. I-/� i BR94 �_ C2 °'1 P”RiL_"�J -/�JrL- I. I -//-,3 ,_ ra"j�-� II Rz ._ I- -caa=- 1.-._.,__jam_ L,=-r_ R3 At r43 a. Rz R2 R3 BR96 - C--- rCT--- `R2 -II R2 • Ra- n -'Ich.rA.._- --f FUTURE LAND USE Eir- 7L C1 COMMERCIAL -ea' I. L____�L.__JC C2 COMMERCIAL/MANUFACTURING n [_ J M1 INDUSTRIAL �_J R1 RESIDENTIAL I--__-,-_-_,-_=,=lr___7 R2 RESIDENTIAL � J R3 RESIDENTIAL L___ J -- 1 PUB PUBLIC/RECREATION RI Rin n I CON CONSERVATION AREA _ L--.-JE_JL' A ARCHAELOGICAL SITE -TT7 R2 I_ -IL LJ 0 Vik- E ]IJ .i- j `xIy r ?.x _ ° t : SCALE: s-" - ;-_ 0 500 1000 PE TY OF oaAVERAL CITY OF CAPE CANAVERAL M1W LOCAL COMPREHENSIVE PLAN 63>1So�a;o�ndoAvenue,Suite 200 , FUTURE LAND USE MAP Winter Park,Florida 32789 (t)407.629.8880(f)407.629.7883 Figure 7-3 JOB N0. 908.0{ DATE: 03-07-OZ r\nn07;..0.\ruvsvw_02,-;-02. n - _ _.___ -_._.._.__.__._._. _.___.______-___ -._ ._ __ _—_._._- 1 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: January 20, 2004 Subject: Stewart Special Exception 03-06 (Residential in C-1) It appears that the Stewart Special Exception meets the land development code requirements. This review does not relieve the applicant from other local, state and federal agencies having jurisdiction over the project site. If you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 12, 2003 RE: Special Exception Request No 03-06 Residential use in C-1 Zoning District. Lot A10 14-24-37 Oak Lane The Public Works Department has reviewed the special exception request and does not have any comments or concerns. CAPE CANAVERAL VOLUNTEER FIRE DEPARTME\TI; INC. ` sa Serving the city of Cape Canaveral&Canaveral Port Authority: Special Exception • To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Special Exception— Oak Lane Residential in C-1 Zone Date: 12/16/03 I have reviewed the plans and the fire::department has.nu-.comment that commercially zoned property be used for residential construction WI p I§ pi. ry y � -,,3„ ter• , '_ : S ,7-&..,,,,,,z ,;. y , .ffqY � *5 X'�;lix4a yK � :3` a" Station#1 190 JACKSON AVENUE • CAPE CANAVERAL,FLORIDA 32920 • (407) 783-4777 • FAX: (407) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 0, T 0 ACE AN, VZt• .tA „ ;ln ;�::. City of Cape Canaveral . y Fit t” COpy ,,... , ,for March 8, 2004 Craig and Mary Stewart 300 Columbia Drive, #3301 Cape Canaveral, FL 32920 RE: Special Exception Request No. 03-06 to Allow Construction of a Single Family Residence in the C-1 Zoning District, Lot A-10, Teutons Subdivision, Section 14, Township 24 South, Range 37 East - Oak Lane. Dear Mr. and Mrs. Stewart: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 23rd day of February, 2004. Based on the testimony and information provided, the Board of Adjustment has approved your request. Please note that should there be a violation to any part of this approval, the special exception is subject to revocation according to the City Code. If you have any questions, please contact the City of Cape Canaveral, Building Department. Sincerely, • e g Marilyn Ri erinan Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes February 23, 2004 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 23, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerman Chairperson Ronnie Farmer Robert Laws Connie McKone Paula Collins 1st Alternate MEMBERS ABSENT: Earl McMillin Vice Chairperson OTHERS PRESENT: Susan Chapman Board Secretary Bea McNeely Ex-Officio Member Jeffrey Buak Assistant City Attorney Todd Peetz City Planner Leo Nicholas Planning & Zoning Board Member All persons giving testimony were sworn in by Assistant City Attorney Jeffrey Buak. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of February 9, 2004. Discussion was held regarding the date of the letter to be attached to the minutes as requested by the Board members. Ms. McKone clarified the date of the letter. The Board Secretary advised that the minutes would be changed to correct the date and verified that the correct letter would be attached to the minutes. Motion by Ms. McKone, seconded by Mr. Farmer to approve the meeting minutes of February 9, 2004, as corrected. Vote on the motion carried unanimously. 2. Special Exception Request No. 03-06 to Allow Construction of a Single Family Residence in the C-1 Zoning District, Lot A-10, Tueton's Subdivision, Section 14, Township 24 South, Range 37 East - Craig and Mary Stewart, Petitioners. Board of Adjustment Meeting Minutes February 23, 2004 Page 2 The Board members reviewed the submittal packet. Mr. Craig Stewart, Applicant, testified that the property was slightly over 1 acre; in the future he might construct single family residences for his three sons on the additional property; the property was located behind the Circle K and across the street from Harbor Heights on Oak Lane; he planned to start construction within the next few weeks. Mr. Todd Peetz, City Planner advised that if the Stewart's wished to construct additional single family residences they would need to replat the property into individual lots at that time. Mr. Peetz noted that the Planning & Zoning Board unanimously recommended approval of this request. Motion by Mr. Laws, seconded by Mr. Farmer to approve Request No. 03-06. Vote on the motion carried unanimously. 3. Election of Chairperson and Vice Chairperson. Mr. Farmer nominated Ms. Rigerman to remain as Chairperson. Mr. Laws seconded the nomination. Motion by Mr. Laws, seconded by Mr. Farmer to close nominations. Mr. Laws nominated Mr. McMillin to remain as Vice Chairperson. Ms. McKone seconded the nomination. Motion by Mr. Laws, seconded by Ms. Rigerman to close nominations. Vote carried unanimously. There being no further business the meeting was adjourned at 7:50 p.m. Approved this day of , 2004. Marilyn Rigerman, Chairperson Susan Chapman, Board Secretary lg% :;:-/ Ilq alta 'r �� /` : 9,,, City of Cape Canaveral 4 • . . 4„, CIT/OF CAPE CANAVERAL July 1, 2005 Beachside Scooters Norman Weaver 6103 N. Atlantic Avenue, Unit F Cape Canaveral, FL 32920 RE: Violation of Conditions of Special Exception Request No. 04-03 to Allow Sales and Outside Display of Scooters in the C-1 Zoning District - Section 26, Township 24 South, Range 37 East, Parcels 22 & 23, Banana River Estates Subdivision, Norman Weaver, Designated Agent. Dear Mr. Weaver: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to alleged violations of your granted special exception at the meeting held on the 27th day of June, 2005. Based on the testimony and information provided, the Board of Adjustment found you in violation of the conditions of your granted special exception. As you are aware, this matter will be forwarded to the Code Enforcement Board for further appropriate action. Sincerely, e,____€.2, 4, C42..... Marilyn Rigrman Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com E_Aka _ �i •n14, 1 . 9 - -A- City of Cape Canaveral r _, -�: July 1, 2005 "'A II Shores Construction & Development, Inc. James E. Morgan, Petitioner 413 Lincoln Avenue Cape Canaveral, FL 32920 t4'¢ RE: Special Exception Request No. 05-02 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, All of Lot 1, Harbor Heights West Subdivision, and Parcel A-16 - James E. Morgan, Petitioner. Dear Petitioner(s): The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 27th day of June, 2005. Based on the testimony and information provided, the Board of Adjustment has approved your request for residential use in the C-1 zoning district with the following conditions: 1. The special exception is limited to (4) townhouse units. 2. All units shall be accessed on Seashell Lane. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, i. . )4/1-6--1A-) i C2r---6--- 9 Marilyn ReYman Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 1. ry1 E qdv. _ ,: ____ S k__, /` �- 9 City of Cape Canaverale4;1„ 1m il,_ July 1 , 2005 CITY OF CAPE CANAVERAL L E' VK & MK Development, Inc. Kinod Kalidas, Principal 7575 Kingspointe Parkway, Suite 23 Orlando, FL 32819 RE: Special Exception No. 03-07 - Request for Time Extension Dear Mr. Kalidas: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 27th day of June, 2005. As you know, the special exception expired on March 24, 2005. Based on the testimony and information provided, the Board of Adjustment has granted your request for a one time, twelve month extension for the above project, permissible as per Section 110-48 of the Cape Canaveral Code of Ordinances. Please note that should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, . Marilyn Ri tierman Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 4* • /` T ,. City of Cape Canaveral Aiii 1/4 ___ u7t...7.7.N _� _ _ Jrlry 1, 2005 CITY OF CAPE CANAVERAL i, iwl Craig & Mary Stewart 300 Columbia Drive, #3301 Cape Canaveral, FL 32920 I RE: Special Exception No. 03-06 - Request for Time Extension Dear Mr. & Mrs. Stewart: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 27th day of June, 2005. As you know, the special exception expired on February 23, 2005. Based on the testimony and information provided, the Board of Adjustment has granted your request for a one time, twelve month extension for the above project, permissible as per Section 110-48 of the Cape Canaveral Code of Ordinances. Please note that should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. SSiincerely, l- Marilyn Ri rman Chairperson 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com