HomeMy WebLinkAboutResolution No. 1993-50•
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RESOLUTION NO. 93 -50
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; APPROVING AN
EXTENSION TO THE EXPIRATION DATE OF THE SITE
PLAN FOR TOBIN TOWNHOMES, MAKING FINDINGS OF
JUSTIFIABLE CAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Code of Ordinances, City of Cape Canaveral,
provides for a mechanism to grant an extension to the expiration
date of previously approved site plans upon certain conditions; and
WHEREAS, the owner of record and applicant for site plan for
Tobin Townhomes is seeking an extension for a site plan due to
expire January 13, 1994; and
WHEREAS, the Planning and Zoning Board has made certain
findings and a recommendation to the City Council with respect to
said request for site plan extension.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Florida, as follows:
SECTION 1.
A. Section 645.05(D), Code of Ordinances,
provides that upon filing of a written
request, an applicant may receive an extension
of a site plan expiration date of up to six
(6) months upon demonstration of justifiable
cause and if there has been no change in
applicable regulations in the interim.
B. Olga E. Tobin received approval of a site plan
for Tobin Townhomes on January 13, 1993.
C. Ms. Tobin demonstrated justifiable cause for
an extension of six (6) months to the
satisfaction of the Planning and Zoning Board
in that her son is afflicted with neuro-
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City of Cape Canaveral, Florida
Resolution No. 93 -50
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fibromatosis, necessitating numerous surgical
procedures and around the clock attention.
D. The Planning and Zoning Board further
considered a change in application
regulations, i.e., Section 639.03, regarding
the width of townhouse lots. After
considering the subject site plan, the change
ordinance, and following consultation with the
Building Official, the Board found that the
change would not be applicable to the original
site plan because of its effective date.
Therefore, the Board found that the ordinance
as amended should not be grounds for denying
the applicant's request for extension.
E. The Council finds that the foregoing
recommendations and findings of the Planning
and Zoning Board are sufficient to grant a six
(6) month extension of the Tobin Townhomes
site plan, which extension shall expire on
July 13, 1994. However, this finding should
not be construed as abrogating, now or in the
future, the requirement of Code Section
645.05(D) that site plan extensions be viewed
in context with changes to all applicable
regulations.
SECTION 2. This Resolution shall take effect immediately upon
its adoption.
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City of Cape Canaveral, Florida
Resolution No. 93 -50
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ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 17th day of December , 1993 ,,
iOlise'
John K. Porter, MAYOR PRO TEM