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Home My WebLink AboutBOA Minutes & Agendas 1988zodiNe'- T3o * R a ar' *4 DTOi'rOf dr./7 City of Cape Canaveral 105 POLX AVENUE . P.O. BOX 726 CAPE CANAVERAL, FLORIDA 32820 11LEPHONE 305 2831100 407 AREA CODE CHANGE EFFECTIVE //18168 BOARD OF ADJISTMENr JULY 18, 1988 7.30 P.M. AGENDA Call to Order Roll Call Approval of Minutes. Regular Meeting of April 18, 1988 NEW BUSIDffSS ITEM 1. Request No88-2 Special Exception to Construct i w Tonhouses n a C-1 Zone, Lots 5 thru 8 inclusive and 13 thru 16 inclusive, Block 7, Section 23, Township 24S,Range 37E,.Avon-By-The-Sea. Petitioner is Thomas N. Quinn for Owner, Bonnie V. Rogers ADJOURN _ If any person appaats any decision made with respect to any matter considered at this meeting, he may need to ensure that a verbatim record of the proceedingg Is made. (FS 286.0105) ,.. City of Cape Canaveral 1 CAPE CANAVEM4 EEe OPIDA 32920 TELEPHONE 00S 7971100 BOARD OF AOJUSTMENI! APRIL 18, 1988 7:30 P.M. AGQIDA CALL TO ORDER ROLL CALL MOTION RE: MUMES OF MEETING OF MARDI 28, 1988 NEW BUSINESS ITEM 1. TE BOOKSTORE IN AB COMMERCIAL —1 SPECIAL EXCEPTION AS ALLOWEDTO IN TOWNSHIP. 24S, RANGE 37E, SECTION 637.51(0), SECTION 23, AVON—BY—THE—SEA, BLOCK 13, LOTS 1, 2, 3 AND 1/2 OF 4. PETITIONER IS MARY LOU DORSEY FOR HENRY J- PEARSON, OWNER. ADJOURN A Verbatim Recording Is Being Made Of All Action Taken At This Meet ng And Subject To Public Inspection As Per F.S. 280.0105. it any person appeals any decision made with respect to any molter considered at this meeting, he may need to ensure that a verbatim record of the proceedings is made. (FS 298.0105) of Cape Canaveral 105 FOLK AVENUE . P.O. 60X 379 CAPE CANAVERAL. FLO91M WHO TELEPHONE 3057931100 BOARD OF ADJUSTMENT MARCH 28, 1988 7730 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF MEETING OF JANUARY 11, 1988 NEW BUSINESS ITEM 1. REVIEW OF SPECIAL EXCEPTION NO. 87-11 FOR COMPLIANCE ADJOURN A Verbatim Recording Is Being Made 01 All Action Taken A11his Meeting And Subject To Public Inspection As PK F.S. 288.0105. „rny p tear. .: .,.s Ln; Gao.:..n r:L wlih rosyecl to�cny mcl!er con. Wet CO. a this misting, he may need to ensure trial a Verbatim record of the proceedingq Is made. (IS 200.01051 ✓ ;�,,,;;,�,,, City of Cape Canaveral jir pi:OSz- 105 FOLK AVENUt • P.0. 60R 326 CAPE CANAVERAL. FLORIDA 32620 F TELEPHONE 305 283.1100 ' EII201 CARE fm BOARD OF ADJUSTMENT JANUARY 11, 1988 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINVPFS OF REGULAR MEEPING OF DECEMBER 14, 1987 NEW BUSINESS ITE4 1. REQUEST NO. 87-12 — VARIANCE TO PLACE AIR CONDITIONING UNYT AND POOL EQUIPMENT IN SIDE YARD SETBACK (SEC. 639.21N), SEC. 14, TWP 24S, RGE 37E, LOT 102, HARBOR HEIGHTS 3RD ADDITION (LOCATED AT 392 HARBOR DRIVE). PETITIONERS ARE RICHARD T. AND PAMELA G. LEFFLER, OWNERS. ADJOURN A Verbatim Recording Is Being 10nda Of All Action Tallon At 11113 Mooring And Subject To Public inspection As Per F.S. 260.0105. CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT JULY 18, 1988 A Meetingof the City of Cape Canaveral Zoning Board of Adjust- ment was held on July 18, 1988, at City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairman Lloyd .called the meeting to order at 7:31 P.M. The Secretary' called the, roll. MEMBERS PRESENT: Russell Lloyd Chairman Marilyn Rigerman Vice Chairman Nellie Cardinale Ann Thurm Robert Laws 'Alternate Ronnie Farmer OTHERS PRESENT: Bob Hoog Mayor Pro Tem James Morgan Building Official Patti Bell Secretary Mrs. Thurm moved to approve the minutes of the April 18, 1988 meeting. Ms. Cardinale seconded .motion.. Motion carried unanimously. NEW BUSINESS Item 1. Request No. 88-2^�^iel Exeeotion to Construct Townhouses in a C-1Zone Lots 5 thur 8 inclusive_ and 13 thru 16 inclusive Block' 7,_ Section 23. Township 24S Range 37E Avon -BY -The Sea. Petitioner is Thomas H. Quinnfor Owner, Bonnie V. Rogers Mr. Quinn introduced himself as builder of the projectand petitioner for the Special Exception. He presented a sketch depicting the location and position of the. proposed townhouses. He explained that he planned to build a total Of 16 units, with four being constructed initially. Mr. Quinn aasked he explained thathe had 'three aspaces spper e unitwprovide he wld in his plans, which is in excess of the requirements. Chairman Lloyd asked Mr. Quinn if ch onditionofwothree uld eagreeable parkingspaceshperpeci Exceptional unit. Mr. Quinn answered in the affirmative. Discussion followed. Ms. Rigerman moved to. approve. Special. Exception Request No. 88-2 with the condition that three parking spaces per unit be provided. Mrs. Thurm seconded motion. Motion carried un- animously. ZONING BOARD OF ADJUSTMENT JULY 18, 1988. PAGE 1 OF 2 PAGES There being no further business the meeting was adjourned at 7:45 P.M. /G [ 9 Approved this l�. day of 198 �.,¢]N.<AiL �. -,. 0. Secretary ZONING BOARD OF ADJUSTMENT JULY 18, 1988 PAGE 2 OF 2 PAGES CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT APRIL 18, 1988 A MEETING, OF THE CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT WAS HELD ON APRIL 18,, 1988, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. VICE CHAIRMAN RIGERMAN CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: MARILYN RIGERMAN v- " NELLIE CARDINALE ANN THURH ALTERNATE RONNIE FARMER MEMBERS ABSENT: RUSSELL LLOYD CHAIRMAN' ROBERT LAWS OTHERS PRESENT;. JOSEPHINE HUGHES SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE MARCH 28, 1988, MEETING. MR. FARMER SECONDED 'MOTION. '.MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITER I. HE UE§T NO 88-1 SPECIAL EXCEPTION TO OPERATE BOOKSTORE IN A COMMERCIAL ZONE AS ALLOWED IN SECTIO 637.51 0 TOWNSHIP 245 RANGE 37E SECTION 23 AVON -BY -THE -SEA. BLOCK 13. LOTS 1. 2i AND 1 20 4 PETITIONER IS MARY LOU DORSEY FOR ,ENRY J PEARSON, ONNER MRS. RIGERMAN,. EXPLAINED THAT IT REQUIRED FOUR VOTES TO AFFIRM ANY MOTION PUT BEFORE THE BOARD. SINCE THERE WERE ONLY FOUR MEMBERS' PRESENT, SHE ASKED MS. DORSEY IF' SHE WOULD, LIRE TO POSTPONE. MS. DORSEY SAID SHE WOULD LIKE TO PROCEED.. MS. DORSEY EXPLAINED THAT A LARGER SHOP WAS NEEDED AS SHE PLANNED TO CARRY A LINE OF GREETING CARDS AND A LARGER SELECTION OF BOORS. DISCUSSION FOLLOWED. MRS. THURH MOVED THAT REQUEST NO. 88-1 BE APPROVED. MRS. CARDINALE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ZONING BOARD OF ADJUSTMENT APRIL 18, 1988 PAGE 1 OF 2 PAGES • THERE BEING NO FURTHER BUSINESS, THE MEETING HAS ADJOURNED AT 7:40 P.M. APPROVED THIS DAY OF �µl , 1988. CHAIRMAN -SECRETARY ZONING BOARD OF ADJUSTMENT APRIL 18, 1988 PAGE 2 OF 2 PAGES A ZONING BOARD OF ADJUSTMENT MARCH 28, 1988 7,30 P.M. A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON MARCH 28, 1988, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL,, FLORIDA. CHAIRMAN LLOYD CALLED THE. MEETING TO ORDER AT 700 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT} RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN VICE CHAIRMAN. ANN THURM ALTERNATE RONNIE FARMER MEMBERS ABSENT, NELLIE CARDINALE ROBERT LAWS - OTHERS PRESENT, JAMES THERIAC CITY ATTORNEY LEO NICHOLAS CITY MANAGER ROBERT HOOG - MAYOR PRO TEM JOSEPHINE HUGHES SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE JANUARY 11, 1988, MEETING. MS. RIGERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REVIEW OF SPECIALEXCEPTION NO. 87-11 FOR COMPLIANCE CHAIRMAN LLOYD EXPLAINED TO MR. JOE SCOTT, JEFF RICH'S ATTORNEY, THAT IT REQUIRED FOUR VOTES TO AFFIRM .ANY MOTION PUT BEFORE THE BOARD. SINCE THERE WERE ONLY FOUR MEMBERS PRESENT, HE ASKED MR. SCOTT IF HE WOULD LIKE TO POSTPONE. MR. SCOTT SAID HE HAD NO OBJECTION, TO PROCEED. DISCUSSION FOLLOWED.' CHAIRMAN LLOYD PROCEEDED TO QUESTION THE REASONS FOR THIS HEARING. MR. NICHOLAS STATED THAT THE SPECIAL EXCEPTION FOR A LIQUOR ,LICENSE MAY BE CANCELLED IF THE ESTABLISHMENT DOES NOT COMPLY WITH ALL APPLICABLE LAWS. AT THIS TIME, THE APPLICANT DOES NOT HAVE A CERTIFICATE OF OCCUPANCY, THE BUILDING, HAS NOT HAD A FINAL INSPECTION AND .THE SEWER IMPACT FEE HAS NOT BEEN PAID. ZONING BOARD OF ADJUSTMENT MARCH 28, 1988 PAGE I OF 2 PAGES MR. SCOTT OBJECTED TO THIS HEARING BEING HELD. HE STATED THAT HIS CLIENT DID REQUEST A FINAL INSPECTION AND THE CITY REFUSED UNTIL THE SEWER IMPACT FEE WAS PAID. HE ALSO EXPLAINED THAT HIS CLIENT'S RESTAURANT WAS AN ASSET TO THE CITY AND THERE WERE NO GROUNDS ESTABLISHED THAT THE RESTAURANT WAS DETRIMENTAL TO THE SAFETY, WELFARE AND MORALS OF THE CITY. MR. NICHOLAS NOTED THAT THEY COULD PAY THE SEWER IMPACT FEE TO THE COURT AND HAVE THEM DECIDE HOW TO DISPOSE OF IT. ATTORNEY THERIAC POINTED BOUT THAT THE CITY WAS IN LITIGATION ON THIS MATTER WHICH WAS DISMISSED, BUT MR. SCOTT HAS 20 DAYS TO AMEND HIS SUIT AND REFERENCE WHATEVER THE BOARD DOES TONIGHT, THEY HAVE A 30 DAY TIME TO APPEAL TO THE CIRCUIT COURT. HE AGREED .WITH MR. NICHOLAS' SUGGESTION TO PAY THE MONIES TO THE COURT AND IT CAN BE DISPUTED IF THE CITY IS ENTITITLED TO IT OR NOT. HE ALSO STATED THAT ALL ISSUES BROUGHT UP TONIGHT WILL BE LITIGATED. HE ALSO ADVISED THAT THE BOARD NOT TAKE ANY ACTION, AT THIS TIME, AND TABLE THE MATTER. DISCUSSION FOLLOWED. MR. FARMER MOVED TO TABLE THIS ITEM. MR. LLOYD SECONDED. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8t20 P.M. APPROVED THIS _DAY OF, 1988 0., " - HAIRMAN EC TARY 44, ZONING BOARD OF ADJUSTMENT 4MARCH 28,.'.1988 `' PAGE 2 OF 2:PAGES ZONING BOARD OF ADJUSTMENT JANUARY 11, 1988 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ONJANUARY '11, 1988, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: RUSSELL. LLOYD CHAIRMAN MARILYN RIGERMAN VICE CHAIRMAN ROBERT LAWS NELLIE CARDINALE ANN THURM RONNIE FARMER ALTERNATE OTHERS PRESENT: KOHN BENNETT ,DEPUTY CITY ATTORNEY JAMES MORGAN BUILDING OFFICIAL LEO NICHOLAS CITY MANAGER JOSEPHINE HUGHES SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE DECEMBER 14, 1987, MEETING. MS. CARDINALE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST N0. 87-12 - VARIANCE TO PLACE AIR CONDITIONING UNIT ANDPOOL EQUIPMENT IN SIDE YARD SETBACK SEC. 639.21 N1.SEC. 4 TWP 24S RGE 7E LOT LUZ, HARBOR HEIGHTS 3RD ADDITION LOCATED AT 392. HARBOR DRIVE)- PETITIONERS ARE RICHARD T AND PAMELA G. LEFFLER, OWNERS. MR. LEFFLER EXPLAINED HIS REQUEST AND ELABORATED ON THE HARDSHIP THAT HE WAS EXPERIENCING. DISCUSSION FOLLOWED. CHAIRMAN LLOYD NOTED THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL OF THIS REQUEST. HE FURTHER ADVISED THAT THE LEFFLERS HAD PROVED A HARDSHIP TO WHICH THE CITY CONTRIBUTED, AND THIS REQUEST BE APPROVED. MRS. THURM .MOVED TO APPROVE REQUEST NO. 87-12 BASED ON: (1 ) THE HARDSHIP AS CITED BY THE LEFFLERS ( 2 ) THE PLANNING AND ZONING BOARD HAVE APPROVED THIS REQUEST (3) NO OBJECTIONS BY THE NEIGHBORS. MS. CARDINALE SECONDED THE MOTION. ZONING BOARD OF ADJUSTMENT JANUARY 11, 1988 PAGE 1 OF 2 PAGES VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR: MS. CARDINALE, MR. LAWS, MRS. THURM AND MR. LLOYD; OPPOSED, MS. RIGERMAN. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:55 P.M. APPROVED THIS a g It, 1988 DAY OF-�/1nCH' A� CfiIRMAN. CR ARY. ZONING BOARD OF ADJUSTMENT '.:JANUARY 11,:1988 PAGE 2 OF 2PAGES