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BOA Agendas & Minutes 1987
City of Cape Canaveral _.•.. _ti' 105 KLX AVENUE . P.O. BOX 325 CAPE CANAVEML4 FLONOA 32820 TELEPHONE 005 7824100 Of `-. UJ[own UL �r BOARD OF ADJUSTMENT DECEMBER 14, 1987. 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION RE: MINUTES OF mEETING OF OCTOBER 26, 1987 NEW BUSINESS 'ITEM 1. REDUEST NO. 87-11 SPECIAL EXCEPTION TO ALLOW ON-PRE4ISE CONSUMPTION OF AL CHOLIC BEVERAGES (SEC. 641.01). RICH'S RESTAURANT, 8200 ASTRONAUT BLVD., SECTION 23,TOWNSHIP 24 SOUTH, RANGE 37 EAST, PARCEL 286. PETITIONER IS JOSEPH! W. SCOTT FOR RDMH, INC.' ADJOURN AVorbatlm Ftocordin0 Is Being Made Of GubjecicTo Public inspection lAs Pcrd F.S. 280.0105. 2 City of Cape Canaveral 106 POLK AVENUE . P.O. BOX 026 CAPE CANAVERAL, FLORIDA 02820 TELEPHONE 205 780.1100 I r,, BOARD OF ADJUSTMENT OCTOBER 26, 1987. 7230 P.M. AGENDA CALL TO ORDER ROLL CALL MOTION Ret MINUTES OF REGULAR METING OF SEPTTEA)BEER 28, 1987 NW BUSINESS ITEM 1. REQUEST N0. 87-9 - VARIANCE TO SIDE YARD SE19AC& TD CONSTRUCT AN ADDITION TO ASTRUCTURE IN ORDER TO CONVERT TO ADUPLEX.SEC. 23,TWP 26S,-RGE 37E, LOT 1, BLK 24, AVON -BY -THE -SEA (LOCATED AT 7920 RIDGBAOOD AVENUE). PETITIONER IS Gee, ERNEST ABNEY. ADJOURN A Verbatim Recording is Being Made 01 All Action TVken At itis itaating And bub)ect To Fublm Incpuctlon As For F.S. 2118.0105. City of Cape Canaveral 105 POLK AVENUE . P.O. BOX 325 CAPE CANAVERAL. FLORIDA 32920 TELEPHONE 305 7931100 BOARD OF AWOSMENT SEPTE4BER 28, 1987 7230 P.M. AGENDA CALL 70 ORDER ROLL CALL MOTION RE: MINUTES OF, RE;UEAR MEETING OF AUGUST 24, 1987 NEW BUSINESS ITEM 1. REQUEST NO. 87-6 — SPECIAL EXCEPTION TO CONSTRUCT PERSONAL STORAGEM NI—WIIRHiWSES IN A C-1 ZONE, SEC. 15, TWP 24S, AGE 37E, PARCEL 756 (LWATID AT 8900 ASTRONAUT BLVD). PETITIONER IS MICHAEL G. GUSH FOR OHM, CEVESOO, INC. ITEM 2. REQUEST N0. 87-7 — AM4IMGMTIVE APPEAL ON BUILD'M OFFICIAL'S SID DECISION TOB01,REQUIRE �(R 8• (6L�5TED 211 LONGPOINT ROAD). RGE 37E, SUB O1,LOT 3, PETITIONER IS GLEN R. BOOKER, O HER. ITE4 3. REQUEST NO. 87-8 — SPECIAL EXCEPTION TO ALLOW PERMANENT AT IMPERIAL BUSINESS CENTER, SEC. 15, TWP SECURITY QUARTERS 24S, AGE 37E, PARCEL 812 (LOCATED AT 357. IMPERIAL BLVD). PETITIONER IS JON D. STILIEY, OWNER. ADJOURN A Verbatim Recording Is Being Made 01 All Action Talion At 1Ills Meeting And Subject To Public Inspection As Per F.S. 288.0105. U City of Cape Canaveral 105 POLK AVENUE . P.O. BOK 326 CAPE CANAVERAL. FLORIDA 32820 IELEPNONE 305 7831100 BOARD OF AWUS'DOM Austin 24, 1987 7330 P.M. 1T AGENDA CALL TO ORDER ROLL CALL M7TION RE: MINUM OF MEETING OF MAY 4, 1987 NEW BUSINESS ITEM 1. RD: Mr No. 87-4, SPECIAL E(CEPTION TO CONBa'd= PUBLIC LIBRARY IN AN R-2 ZOO AS ALLOWED IN Skx. 637.2108), SEC. 23, TWP 245, RaE 37E, BLK 47, LOTS 1-2-3, 9-10-11 (LOCATED AT 7400 POINSLTrA AVENUE). PETITIONER IS THE CRAY OF, CAPE CANAVERAL AWOURN A Verbatim Recording Is Being Mede Of _ All Action Tokun At'itits Mooing And Sub)ect To Public Inspection As Per F.S. 280.0105. '1�a� s� ryj City of Cape Canaveral 105 FOLK AVENUE • V.O. BOX 326 CAVE CANAVERAL. FLORIDA 32820 TELEMONE 306 7831100 [I1T of urt wurcEu BOARD OF AWUSIMENP MAY 4' 1987 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL WrION RE: MINUTES OF MEETING OF MATCH 16' 1987 UNFINISHED BUSINESS ITEM 1. RMUFST NO. 87-2 ADMINISTMTIVE APPEAL ON BOILDOFFICIAL'S &W DECISION RMARDIM CMVEf rM A SINGLE FAMILYILY Y RESIDEtdCE INN A WPLEX. sWrION 23' TOWNSHIP 24, RANGE 37' WT 10, BIACR 32, AVON-BY-THE-SEA (IACATED AT 208 HARRISON AVENOE). PETITIDNER IS JOSEPH W. SO= FOR NPH CYIA HUGHES' OWNER• (pOSTPONEa MARCH 16) NEW BUSINESS N0. 87-3 SPECIAL ©(CEPTION TO ALUMON-pREMISE OCNSU4PrI0N OF ITEM 1. BEER� WINE, SECTION 23, TOMSHIP 24S' RUM 37E' BUJC7C 65, IM 9. 10 AND FAST 1/2 OF LOr 11 (LXATED AT 7008 N. ATLWrIC PEMICHERS ARE JIM WILSON AND BARBARA MORTIER a*MIS AVE). AWOURN AGENDA CALL TD OROER ROLL CALL MOTION RE: MINUTES OF MEETING OF FEBRUARY 9, 1987 UNFINISHED BUSINESS ITEM 1. LOT 4, RD 23 AVON -BY- AVON -BY -THE -SFA LOCATED AT 515FROPMW AS Two MADISON AVENUE)UNI75. IAP 4. B[OCiC 23, PETITIONER IS JOSEPH J. HARTNETT, OR= NEW BUSINESS ITf24 1. RsatDErISIW SI UNG CONVERTING A SINGLE FAMILY RESIDENCE INTO A DUPLEX SECTION 23, TQaWIP 24, RANGE 37, LOI 10, BLOCK 32, AVON -BY -THE -SEA (LOCATED AT 208 HARM= AVENUE).. PETITIONER IS JOSEPH W. SCUIT FOR CYNTHIA HUR[ES, OWNER. ADJOURN A Verbatim Recording to Being Made 0( All Action Takcn Al I file A9eol n0 And Subject To Public inspection As Per F.S. 268.0105. of Cape Canaveral /City 1051POLIt AVENUE • P.0.50%375 FLORIDA 32920 -.:. CAPE CANAVERAL. TELEMONE 3051531100 rar uunEu BOW OF AOJUSUOU MARCH 16, 1987 7730 P.M. AGENDA CALL TD OROER ROLL CALL MOTION RE: MINUTES OF MEETING OF FEBRUARY 9, 1987 UNFINISHED BUSINESS ITEM 1. LOT 4, RD 23 AVON -BY- AVON -BY -THE -SFA LOCATED AT 515FROPMW AS Two MADISON AVENUE)UNI75. IAP 4. B[OCiC 23, PETITIONER IS JOSEPH J. HARTNETT, OR= NEW BUSINESS ITf24 1. RsatDErISIW SI UNG CONVERTING A SINGLE FAMILY RESIDENCE INTO A DUPLEX SECTION 23, TQaWIP 24, RANGE 37, LOI 10, BLOCK 32, AVON -BY -THE -SEA (LOCATED AT 208 HARM= AVENUE).. PETITIONER IS JOSEPH W. SCUIT FOR CYNTHIA HUR[ES, OWNER. ADJOURN A Verbatim Recording to Being Made 0( All Action Takcn Al I file A9eol n0 And Subject To Public inspection As Per F.S. 268.0105. City of Cape Canaveral 105 POLR AVENUE • P.O. BO% 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 7831100 BOARD OF A[17uSID1ENT FFHRUARY 97 7:30 P.M. AGENDA CALL. TO ORDER ROLL CALL MOTION REI MIW= OF MEETING OF JANUARY 12, 1987 NEN BUSI[SSS ITEM 1. RMuESf N3. 87-1 SPL•1CIAL 00=TION To ALU1' TRUCK AND TRAIfER RENTAL; ENGIVE, Wjr017TIVE AND TRUCK REPAIR MID ASSOCIATED RETAIL SALES. SECTION 23, TolMIP 24ST RANGE 37E/ AVON -BY -THE -SEA, LOTS 9, 10 AND CK 11, BLA69 (LOCATED AT 6910 N. AT!JZIC AVENUE - CAPE 0MVERAL. CHEVVRON). PETITIDIM IS OEICI'ER COWAN IVR VI=ff E. L=WI, ON=' ADJOURN A'.erboam iw1:.,ua1y ;S Bang tAaae OI All Action 1anm1 At1Ills MOCl1ng And Subject To Public Inspection As Por F.S. 286.0106. City of Cape Canaveral 105 MLK AVENUE . P.O. BOK 328 CAPE CANAVERAL. FLORIDA 32820 TELEPNONE 305 383.1100 BOARD OF ADJUSLMENT .JANUARY 12, 1987 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL _ MOTION RE: MINUTES OF MEETING OF NOMWR 3, 1986 NEW BUSINESS ITEM 1. RDQUEST N0. 86-12 VARIANCE TO ESTABLISH PROPERTY AS TAD UNITS. LOT 4, BLOCK 23, AVON -BY -741E -SFA, SECTION 23, 'MgNSHIP 24, RANGE 37 (LOCATED AT 515 MADISON AVENUE). PETITIONER IS OWNER, JOSEPH J. HARTNETT. IT94 2, REQUEST N0. 86-13 SPECIAL EXCEPTION M OPERATE BOOR STORE IN A C-1 ZONE, LOTS 9 AND 10, BLOCK 19, AVCN-BY-THE-SFA, SECTION 23, TOWNSHIP 24, RANGE 37 (LOCATED AT 8010 N. ATLANTIC AVENUE, UNIT i6). PETITIONER IS MARY LOU DORSEY (MARY-DEES HOOKS). ITEM 3. MOTION RE: TIME EXTENSION FOR SPECIAL EXCEPTION REQUEST NO. 85-9 TO ODNSTRULT SHOPPING CENTER IN AN M-1 ZONE, SECTION 15, TCMSHIP 24S, RANGE 37E, PORTION OF TRACT 750 (LOCATED EAST OF ROCWML INTERNATIONAL). PETITIONER IS GEORGE H. FIRKINS FOR .CEVESCO, INC. UNFINISHM BUSn SS ITEM 1. MOTION WE APPROVAL OF RULES OF PR0=URE ADJOURN . ZONING BOARD OF ADJUSTMENT DECEMBER 14, 1987 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON DECEMBER 14, 1987, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7s40 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: RUSSELL LLOYD CHAIRMAN ROBERT LAWS NELLIE CARDINALE ANN THURM RONNIE FARMER ALTERNATE MEMBERS ABSENTa MARILYN RIGERMAN VICE CHAIRMAN OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY JAMES MORGAN BUILDING OFFICIAL JOSEPHINE HUGHES SECRETARY MR. LAWS MOVED TO APPROVE THE .MINUTES. OF THE, OCTOBER 26, 1987, MEETING.' MS. CARDINALE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO. 87-11— SPECIAL EXCEPTION TO ALLOW ON—PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (SEC 641 UtkA'CH'S RESTAURANT, 8200 ASTRONAUT BOULEVARD SECTION 23 TOWNSHIP 24 SOUTH, RANGE 37 EAST PARCEL 286. PETITIONER IS JOSEPH W. SCOTT FOR RDMH, INC. MR. SCOTT, PETITIONER' FOR RDMH, INC. EXPLAINED HIS REQUEST. DISCUSSION FOLLOWED ON SOME OF THE. REQUIRED PARKING SPACES BEING OFF—SITE, AT AMERICAN BOOM AND BARRIER. MR. LAWS' MOVED TO APPROVE, REQUEST. NO. 87711, WITH A CONTINGENCY THAT THE, SPECIAL EXCEPTION WOULD BECOME, INVALID IF THE REQUIRED 67 PARKING SPACES BECAME UNAVAILABLE. MR. FARMER SECONDED THE MOTION., MOTION:CARRIED, UNANIMOUSLY. ZONING BOARD OF ADJUSTMENT DECEMBER 14, 1987 PAGE I of.2 PAGES RI: 1'I:I NG NO I'1112'1'IIER BUSINESS, '1116: ME'E'PING 4JAS ADJOURNED APPROVED TIIIS _�DAY OFJd n:n ar> 1988 - CHAIRMAN ATTEST: Q- L'C RE'1'Al2RY J ZONING BOARD OF ADJUSTMENT DECEMBER 14, 1987 PAGE 2 OF 2 PAGES a ZONING BOARD 01' ADJUSTMENT OCTOBER 26, 1987 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON OCTOBER 26, 1987, AT CITY HALL ANNEX, Ill POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLEDTHE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: RUSSELL LLOYD CHAIRMAN MARILYN RIGERAIAN VICE CHAIRMAN ROBERT LAW'S BONNIE FARMER ALTERNATE MEMBERS ABSENT: NELLIE CARDINALS ANN THURAI OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY JAMES MORGAN BUILDING OFFICIAL LEO NICHOLAS CITY MANAGER JOSEPHINE HUGHES SECRETARY AIS. RIGERMAN MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 28, 1987, MEETING. MR. LAWS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST 87-9 VARIANCE TO SIDE YARD SETBACK TO CONSTRUCT AN ADDITION TO A NON -CONFORMING STRUCTURE IN ORDER TO CONVERT TO A DUPLEX. SEC. 23T %'P 24S ROE 37E, LOT 1, BLOCK 24 AVON-BY-TIIF.-SEA LOCATED AT 792U RIDGf•.WOOD AVENUE . PETITIONER: ERNEST ABNEY, OWNER CHAIRMAN LLOYD GAVE THE PETITIONER, MR. ABNEY, THE OPTION OF POSTPONING THE ITEM SINCE ONLY FOUR BOARD MEMBERS WERE PRESENT AND FOUR AFFIRMATIVE 'VOTES WERE REQUIRED FOR APPROVAL. MR. ABNEY ASKED TO CONTINUE AND PROCEEDED TO PRESENT HIS CASE. DISCUSSION FOLLOWED.' THE FLOOR WAS OPENED FOR DISCUSSION. MR. ABNEY'S NEIGHBORS SPOKE IN FAVOR OF HIS REQUEST, CITING THAT IT WOULD BE. AN IMPROVEMENT FOR THE NEIGHBORHOOD. MR. ABNEY ALSO SUBMITTED EIGHT LETTERS FROM OTHER NEIGHBORS IN SUPPORT OF HIS PROJECT. ZONING BOARD OF ADJUSTMENT OCTOBER 26, 1987 PACE 1 OF 2 PAGES AIR. LLOYD EXPLAINED THE MEANING OF "HARDSHIP" WHICH MUST BE PROVEN IN ORDER FOR THE BOARD TO APPROVE A VARIANCE. SINCE MR. ABNEY COULD NOT PROVE "HARDSHIP," AIR. LLOYD SUGGESTED THAT HE REQUEST THE CITY COUNCIL TO CIIANGE THE ORDINANCE. MS. RIGERNIAN MOVED THAT REQUEST NO. 87-9 BE DENIED. MR. LAWS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THEREBEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:38 P.M. ik APPROVED THIS _DAY OF yl , 1987. 1 IRAIAN ;-R T: ETARY ZONING BOARD OF ADJUSTMENT OCTOBER 28, 1987 PACE 2 OF 2 PAGES ZONING BOARD OF ADJUSTMENT SEPTEMBER 2B, 1987 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON SEPTEMBER 28, 1987, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:38 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN VICE CHAIRMAN NELLIE CARDINALE ROBERT LAWS ANN THURM RONNIE FARMER ALTERNATE OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY JAMES MORGAN BUILDING OFFICIAL JEFFREY ECKLEY BUILDING INSPECTOR LEO NICHOLAS CITY MANAGER ROBERT 11000 MAYOR PRO TEM JOHN MURPHY COUNCIL ME51BER LA51AR RUSSELL PLANNING h ZONING BOARD CHAIRMAN JOSEPHINE HUGHES SECRETARY MR. LAWS NOTED THAT UNDER NEW BUSINESS, ITEM 1, NEXT TO THE LAST PARAGRAPH, OF THE MINUTES OF AUGUST 24, 1987, THE SENTENCE SHOULD READ "MR. FARMER SECONDED THE NOTION" INSTEAD OF MR. LAWS. MS. RIGERMAN MOVED TO APPROVE THE MINUTES OF THE AUGUST 24, 1987, MEETING, AS CORRECTED. MS. CARDINALE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST 87-8 SPECIAL EXCEPTION TO CONSTRUCT PERSONAL STORAGE MINI -WAREHOUSE IN A C-1 ZONE BEC. 15, TWP 24S RGE 372. PARCEL 756 LOCATED AT 8998 ASTRONAUT BOULEVARD . PETITIONERS MICHAEL G. OAISH FOR OWNER, CEVESCO, INC. MR. GAISH SUBMITTED HANDOUTS TO THE BOARD FOR REFERENCE, WHILE HE PRESENTED HIS CASE. HE PROVIDED AN OVERVIEW OF ,THE ZONING, THE PROPOSED PROJECT AND THE DEVELOPMENT IN THE AREA. AIR. GAISH NOTED THAT THE PROPOSED DEVELOPMENT WOULD HAVE MINIMUM IMPACT ON THE AREA, NIGHT USAGE WOULD BE PRACTICALLY NIL, AND A MANAGER WOULD BE ON THE PREMISES AT ALL TINES. MR. FIRKINS, REPRESENTING CEVESCO, SPOKE IN FAVOR OF THE REQUEST. DISCUSSION FOLLOWED.. ZONING BOARD OF ADJUSTMENT SEPTEMBER 28, 1987 PAGE 1 OF 3 PAGES • 0 CHAIRMAN LLOYD EXPLAINED THAT THE REQUESTED USE, PERSONAL. STORAGE MINI -WAREHOUSES, WAS NOT A PERMITTED USE IN A C-1 ZONE. HE ALSO STATED THAT THE REQUEST, AS PRESENTED, WOULD BE CONSIDERED "SPOT ZONING" AND NOT APPROPRIATE TO ACT ON AS A SPECIAL EXCEPTION. HE RECOMMENDED THAT THE BOARD DENY THIS REQUEST. MR. LAWS MOVED THAT SPECIAL EXCEPTION NO. 87-6 BE DENIED. MS. CARDINALE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CHAIRMAN LLOYD NOTED ALTERNATIVES MR. GAISH COULD PURSUE: PETITION THE CITY FOR REZONING OR LOOK FOR OTHER PROPERTY. ITEM 2. RE UEST N 1 87-7 ADMINISTRATIVE APPEAL ON BUILDING OFFICIAL'S R CI3 ENSTD 0 R LOT 3EBLOCK BSIDE LLOCATE•D AT 211 Lu-- WN ONG POINTIROAD . PETITIONER• GLEN R. 800KER. IYNE•R MR. BOOKER EXPLAINED THAT THIS WAS A UNIQUE SITUATION, REQUIRING A SIDEWALK TO BE BUILT IN A WELL-DEVELOPED AREA, WOULD NECESSITATE THE REMOVAL OF LARGE TREES, TO ACCOMODATE A SIDEWALK, WHICH GOES NOWHERE. DISCUSSION FOLLOWED. IT WAS RECOMMENDED THAT MR. BOOKER APPEAL TO THE CITY COUNCIL FOR A CHANCE IN THE ORDINANCE. MS. RIGRMAN MOVED THAT REQUEST NO. 87-7 BE DENIED, UPHOLDING THE INTERPRETAION OF THE BUILDING OFFICIAL. MRS. TIIUR51 SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RE UEST NO. 87-8 SPECIAL EXCEPTION TO ALLOW PERMANENT SECURITY UARTERS AT IA1PE•RIAL BUSINESS CENTER, SECTION 15 PETITION RtOJOHN DPSTILLEY80 YNER MATED AT 357 IMPERIAL BLVD. MR. STILLEY MADE HIS PRESENTATION. DISCUSSION FOLLOWED. MRS. THURI NOTED THAT PER51ANENT LIVING QUARTERS IN A M-1 ZONE WAS NOT ALLOWED, ALTHOUGH A TEMPORARY SECURITY FACILITY (TRAILER) WOULD BE ALLOWED. DISCUSSION FOLLOWED. CHAIRMAN LLOYD NOTED THAT THE BOARD COULD NOT APPROVE THIS SPECIAL EXCEPTION BECAUSE IT WAS NOT AN ALLOWED USE. MS. RIGERMAN MOVED THAT REQUEST NO. 87-8 FOR SPECIAL EXCEPTION BE DENIED. MRS. THURt SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MR. LLOYD MOVED TO ADJOURN. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THE MEETING WAS ADJOURNED AT 9:39 P.M. ZONING BOARD OF ADJUSTMENT SEPTEMBER 28, 1987 PAGE 2 OF 3 PAGES • • /,f. / APPROYRD TIIIS 41 DAY OF Or 7wiJNr , 1987. vYJ.t,LP � CHAIRMAN ZONING BOARD OF ADJUSTMENT AUGUST 24, 1987 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON AUGUST 24, 1987, AT CITY HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. VICE CHAIRMAN RIGERMAN CALLED THE MEETING TO ORDER AT 7130 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: NELLIE CARDINALE RONNIE FARMER ALTERNATE ROBERT LAWS MARILYN RIGERMAN VICE CHAIRMAN MEMBERS ABSENT: RUSSELL LLOYD .CHAIRMAN ANN THURM OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY JEFFREY ECKLEY. BUILDING INSPECTOR LEO NICHOLAS CITY MANAGER ROBERT HOOG MAYOR PRO TEM JOHN MURPHY COUNCIL MEMBER JOSEPHINE HUGHES SECRETARY MR. LAWS NOTED THAT UNDER UNFINISHED BUSINESS, ITEM 1, OF THE MINUTES OF MAY 4, 1987, CHAIRMAN LAWS SHOULD BE CHANGED TO CHAIRMAN LLOYD. MR LAWS MOVED TO APPROVE THE MINUTES, AS CORRECTED. MS. CARDINALE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST N0. 87-4 SPECIAL EXCEPTION TO CONSTRUCT PUBLIC LIBRARY IN AN R-2 ZONE AS ALLOWED IN SEC. 637.2 (B) SEC. 23 TWP 24S RGE 37E BLOCK 47 LOTS 1-2-3 9- 0- 1 (LOCATED AT 7400 POINSETTA AVENUE) PETITIONER IS THE CITY OF CAPE CANAVERAL VICE CHAIRMAN RIGERMAN CALLED ON MR. NICHOLAS, CITY MANAGER, TO MAKE HIS PRESENTATION. MR. LAWS EXPLAINED THAT THE BOARD CONSISTED OF, FOUR MEMBERS THIS EVENING, AND THAT FOUR (4) AFFIRMATIVE VOTES WERE REQUIRED FOR APPROVAL. MS. RIGERMAN ASKED MR. NICHOLAS IF HE WOULD LIKE TO POSTPONE THIS ITEM TO A LATER DATE. HE STATED THAT HE WOULD PRESENT THE ITEM. ZONING BOARD OF ADJUSTMENT AUGUST 24, 1987 PAGE 1 OF 2 PAGES • • MR. NICHOLAS SUBMITTED COPIES OF THE LIBRARY'S PRELIMINARY PLANS AND DESCRIBED THE IMPORTANT FACTORS OF THE PROJECT; SQUARE FOOTAGE, TREES, PARKING SPACES, EXTERIOR CONSTRUCTION, ETC. HE MENTIONED THAT THE ASSEMBLY ROOM, WITH A SEPARATE ENTRANCE, COULD BE USED WITHOUT INTERFERENCE TO THE COMMON AREA OF THE LIBRARY AND THE LIBRARY IS AFFORDED THE SAME FROM THE ASSEMBLY ROOM. DISCUSSION FOLLOWED. ATTORNEY BENNETT NOTED, FOR THE RECORD, THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED APPROVAL OF REQUEST NO. 87-4 ON JULY 22, 1987. MS.ARDINALE .MOVED TO APPROVE REQUEST Fne�,ea. F�� NO. 87-4. MR. -hAWS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7150 P.M. APPROVED THIS 29 DAY OF ��-=.+,:�«" , 1987 CHAIRMAN e SECRETARY ZONING BOARD OF ADJUSTMENT AUGUST 24, 1987. PAGE 2 OF 2 PAGES • ZONING BOARD OF ADJUSTMENT MAY 4, 1987 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON MAY 4, 1987, AT CITY HALL, 105 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 ANN THURM ALTERNATE RONNIE FARMER MEMBERS ABSENT: NELLIE CARDINALE OTHERS PRESENTS KOHN BENNETT DEPUTY CITY ATTORNEY JEFFREY ECKLEY BUILDING INSPECTOR LEO NICHOLAS CITY MANAGER ROBERT HOOD MAYOR PRO TEM EVELYN HUTCHERSON. ,SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE MARCH 18, 1987, MEETING. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. RE UEST NO 87-2 ADMINISTRATIVE APPEAL ON THE BUILDING OFFICIAL'S DECISION REGARDING CONVERTING A SINGLE FAMILY RESIDENCE INTO A DUPLEX. SECTION 23 TOWNSHIP 245 RANGL' 37E LOT ]0 BLOCK 32 AVON-BY-TIIE-SEA LOCATED AT 208 HARRISON AVENUE. PETITIONER: JOSEPH W. SCOTT FOR CYNTHIA HUGHES OWNER POSTPONED --MARCH CHAIRMAN LLOYD NOTED THAT THIS CASE HAD BEEN POSTPONED AT THE MARCH 18TH MEETING AND INQUIRED IF ATTORNEY SCOTT DESIRED TO PRESENT ADDITIONAL EVIDENCE. MR. SCOTT NOTED THAT AIR. AND MRS. HUGHES AND MR. HARRY KELLER, BUILDING OFFICIAL AT THE TIME THE CONVERSION WAS MADE, WERE IN ATTENDANCE TO ANSWER QUESTIONS FROM THE BOARD. MR. SCOTT CONTENDED THAT MR. KELLER HAD APPROVED THE APARTMENT SUBJECT TO THE CONDITIONS OUTLINED IN HIS LETTER OF APRIL 20, 1981, AND THAT MR. AND MRS. HUGHES SHOULD NOT BE REQUIRED TO MEET THE REQUIREMENTS OUTLINED IN MR. GUNN'S LETTER. ZONING BOARD OF ADJUSTMENT MAY 4, 1987 PAGE 1 OF 2 PAGES DISCUSSION FOLLOWED ON THE REQUIREMENTS OUTLINED IN MR. GUNN'S LETTER. CITY MANAGER NICHOLAS SUGGESTED THAT THE REQUEST BE EVALUATED BY THE PRESENT BUILDING OFFICIAL. AT THIS TIME, ATTORNEY SCOTT REQUESTED THAT THIS REQUEST BE WITHDRAWN. CHAIRMAN LLOYD NOTED FOR THE RECORD THAT REQUEST NO. 87-2 HAD BEEN WITHDRAWN BY THE APPLICANT. MR. LLOYD REQUESTED THAT IN THE FUTURE ALL PERTINENT INFORMATION IN THE BUILDING DEPARTMENT FILES BE PROVIDED TO THE BOARD IN THE AGENDA PACKETS. NEW BUSINESS ITEM 1. REQUEST 87-9 SPECIAL EXCEPTION TO ALLOW ON -PREMISE CONSUMPTION OF BEER AND WINE SECTION 29 TOWNSHIP 24S, RANGE 978 BLOCK GS LOTS 9 10 AND EAST 1 2 OF LOT ll LOCATED Al 7808 N. ATLANTIC AVENUE. PETITIONERS ARE JIM WILSON AND BARBARA MORTIER, OWNERS. MR. JOHN BEASLEY STATED THAT HE WAS REPRESENTING THE PETITIONERS. CHAIRMAN LLOYD NOTED THAT THE REQUEST DID NOT COMPLY WITH THE REQUIREMENTS FOR AN ESTABLISHMENT SERVING ALCOHOLIC BEVERAGES. FOLLOWING A DISCUSSION, MR. LAWS MOVED THAT REQUEST NO 87-9 BE POSTPONED UNTIL THE APPLICANT FURNISHED ALL THE REQUIRED INFORMATION. MS. RIGERMAN SECONDED MONTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:95 P.M. APPROVED THIS a 4/ DAY OF , 1987. �IAIMA' ATTEST: - SECR ARY ZONING BOARD OF ADJUSTMENT MAY 4, 1987 PAGE 2 OF 2 PAGES • ZONING BOARD OF ADJUSTMENT MARCH 16, 1997 A MEETING OF THE ZONING BOARD OF ADJUSTMENT WAS HELD ON MARCII 1G, 1987, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:30 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENTS RUSSELL LLOYD CHAIRMAN MARILYN RIGERMAN VICE CHAIRMAN NELLY CARDINALE ROBERT LAWS ANN THURM MEMBERS ABSENTt RONNIE FARMER ALTERNATE. OTHERS PRESENTS KOHN BENNETT DEPUTY CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL EVELYN HUTCHERSON SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 9, 1987, MEETING. MRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. AMENDED REQUEST NO 86-12 VARIANCE TO ESTABLISH PROPERTY AS TIVO UNITS. LOT 4 BLOCK 23 AVON-BY-TIIE-SEA LOCATCD AT 515 51AD19ON AVENurr PETITIONER WAS JOSEPH J. HARTNETT, OWNER MR. HARTNETT EXPLAINED THAT HE HAD AMENDED HIS REQUEST, AT THE RECOMMENDATION OF MR. GUNN, TO CONVERT THE SINGLE-FAMILY RESIDENCE INTO A DUPLEX. MR. GUNN STATED, FOR THE RECORD, THAT IT WAS NOT A RECOMMENDATION AT THE INITIAL HEARING. THE REQUEST WAS REVISED PRIOR TO THE INITIAL HEARING TO ELIMINATE THE USE OF THE ACCESSORY BUILDING WHICH WOULD HAVE BEEN MORE OF A VIOLATION THAN THE CONVERSION OF THE SINGLE-FAMILY RESIDENCE. MR. GUNN FURTHER EXPLAINED THAT THIS REQUEST WAS A RESULT OF ACTION TAKEN BY THE CODE ENFORCEMENT BOARD WHICH GAVE HIM A COMPLIANCE DATE OF MARCH 1987 TO RETURN THE USAGE TO A SINGLE-FAMILY RESIDENCE OR MAKE THE NECESSARY IMPROVEMENTS TO THE PROPERTY TO ALLOW A DUPLEX. HE STATED THAT MR. HARTNETT HAD SUBMITTED AN APPLICATION FOR A PERMIT FOR SUCH WORK. ZONING BOARD OF ADJUSTMENT MARCH 16, 1987 PAGE I OF 3 PAGES • MR. LAWS INQUIRED IF MR. IIARTNETT WOULD HE BE IN VIOLATION IF HE COMPLIED WITH THE CODE ENFORCEMENT BOARD ORDER. MR. GUNN RESPONDED THAT THE WORK WOULD BE EXTENSIVE BECAUSE THE INITIAL CONSTRUCTION WAS NOT COMPATIBLE TO PROVIDE ADEQUATE TENANT SEPARATION AND UTILITIES. HE ALSO NOTED THAT MR. IIARTNETT DID NOT MEET THE SQUARE FOOTAGE REQUIREMENT. FOLLOWING A DISCUSSION, IT WAS THE CONSENSUS OF THE BOARD THAT THIS WAS A SELF-INDUCED HARDSHIP. MRS. CARDINALE MOVED THAT REQUEST NO. 86-12 BE DENIED. MRS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM I. RE UEST NO 87-2 ADMINISTRATIVE APPEAL ON TIIE BUILDING OFFICIAL'S DECISION REGARDING CONVERTING A SINGLC FAMILY RESIDENCE INTO A DUPLEX. SECTION 23 TOWNSHIP 245, RANGE RrLOT 10 BLOCK 32 A ON- Y -THC -SEA LOCATED AT 208 HARRISON AVENUE. PETITIONER: JOSEPH V. SCOTT POR CYNTIIIA HUGHMS, OWNER MR. GUNN STATED THAT BUILDING PERMIT NO. 3250, ISSUED FEBRUARY, 1981, WAS TO CONVERT THE CARPORT INTO A FAMILY ROOM. SUBSQUENTLY, IN RESPONSE TO AN INQUIRY TO RENT THE APARTMENT, MR. HARRY KELLER, BUILDING OFFICIAL, ADVISED MR. HUGHES IN A LETTER, DATED APRIL 20, 1981, THAT ADEQUATE OFF-STREET PARKING AND TRASH AND GARBAGE SERVICE MUST BE PROVIDED AND A FINAL INSPECTION WOULD HAVE TO BE MADE PRIOR TO UTILIZING THE CONVERTED AREA. MR. GUNN COMMENTED THAT CODE ENFORCEMENT ACTION WAS TAKEN IN JULY 1986, AND THE APARTMENT WAS VACATED UNTIL THE MATTER OF SEWER IMPACT, TENANT SEPARATION, AND FLOOR PLAN HAD BEEN RESOLVED. HE ALSO NOTED THAT THE MINIMUM REQUIREMENTS OUTLINED IN MR. KELLER'S LETTER WERE NEVER ADHERED TO. COUNCILMAN HOGG OUTLINED HIS CONVERSATIONS WITH MRS. HUGHES AND NOTED THAT THE CITY COUNCIL HAD WAIVED THE APPLICATION FEE FOR AN ADMINISTRATIVE HEARING. ATTORNEY SCOTT CITED FLORIDA STATUTE FOR EQUITABLE ESTOPPEL, WHICH ALLOWS A PERSON APPEALING TO A .GOVERNING BODY THE CONTINUED USE OF THEIR PROPERTY. HE ADDED THAT ANY CORRECTIVE ACTIONS REQUIRED BY THE CITY WOULD BE THE RESPONSIBILITY OF THE CITY. ZONING BOARD OF ADJUSTMENT MARCH 16, 1987 PAGE 2 OF 3 PAGES • 0 MR. GUNN POINTED OUT THAT THE USE OF THE APARTMENT HAD NEVER BEEN APPROVED BY THE CITY, AND THAT THERE WAS NO EVIDENCE THAT THE OWNER HAD ATTEMPTED TO COMPLY WITH THE REQUIREMENTS OUTLINED IN AIR. KELLER'S LETTER. MR. LAWS COMMENTED THAT THE CASE PRESENTED WAS CLEAR AND THAT THE BOARD SHOULD NOT OVERRIDE THE BUILDING OFFICIAL. ATTORNEY SCOTT REQUESTED THAT THE CASE BE POSTPONED UNTIL THE OWNERS WHO WERE OUT OF TOWN BECAUSE OF A DEATH IN THE FA51ILY COULD BE PRESENT. MS. RIGERMAN MOVED TO POSTPONE CASE NO. 87-02. MRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:35 P.M. It, APPROVED TIIIS,!L_DAY OF %i�a�: , 1987. 1AAIR 9AN ATTEST: SECRE RY ZONING BOARD OF ADJUSTMENT MARCH 16, 1987 PACE 3 OF 3 PAGES ZONING HOARD OF ADJUSTMENT FE13RUARY 9, 1987 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON FEBRUARY 9, 1987, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. CHAIRMAN LLOYD CALLED THE MEETING TO ORDER AT 7:45 P.M. THE SECRETARY CALLED THE ROLL. MEMBERS PRESENT: RUSSELL LLOYD CHAIRMAN NELLY CARDINALE ANN THURM RONNIE FARMER ALTERNATE MEMBERS ABSENT MARILYN RIGERMAN VICE CHAIRMAN ROBERT LAWS OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY JEFFREY ECKLEY BUILDING INSPECTOR EVELYN HUTCHERSON SECRETARY MRS. THURM MOVED TO APPROVE THE MINUTES OF THE JANUARY 12, 1987, MEETING. MRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. REQUEST NO 87-1 SPECIAL EXCEPTION TO ALLOW TRUCK AND TRAILER RENTAL: ENGINE AUTOMOTIVE AND TRUCK REPAIR AND ASSOCIATED RETAIL SALES. SECTION 23 TOIVN THIP 245RANGC 37 C, AVON -BY -THE -SEA LOTS 9 10 AND 11 HLOCK 88 LOCATED AT 8910 N. ATLANTIC AVENUE -CAPE CANAVERAL CHEVRONT. PETITIONER: DEXTER COWAN FOR VINCENT E. KEENAN, -SER CHAIRMAN LLOYD EXPLAINED THAT THE BOARD'S RULES DO NOT OPERATE BY A SIMPLE MAJORITY; THEY REQUIRE AN AFFIRMATIVE VOTE BY FOUR MEMBERS OF THE BOARD TO ADOPT ANY ACTION. SINCE THERE WERE ONLY FOUR VOTING MEMBERS IN ATTENDANCE, MR. COWAN WAS GIVEN THE OPPORTUNITY TO REQUEST THAT THE CASE BE POSTPONED. MR. COWAN ELECTED TO BE HEARD SINCE A DECISION TO CONTINUE HIS LEASE NEEDED TO BE MADE. HE OFFERED THE FOLLOWING REASONS FOR DISCONTINUING GASOLINE SALES: (1) THE ENVIRONMENTAL PROTECTION AGENCY HAD RULED TO DISCONTINUE FUEL STORAGE IN STEEL TANKS; AND (2) THE CONVENIENCE STORES, 7-11, CIRCLE K, AND, TENNECO, CAN SELL THEIR GAS AT THREE CENTS (32) A GALLON LESS THAN HE CAN PURCHASE IT AND THEY ARE NOT REQUIRED TO OPERATE AS A SERVICE STATION. HE ADDED THAT HE FELT ZONING BOARD OF ADJUSTMENT FEBRUARY 9, 1987 PAGE 1 OF 2 PAGES HE WAS BEING DISCRIMINATED AGAINST AND THAT HE BELIEVED HE PROVIDED A MUCH NEEDED SERVICE FOR THE CITIZENS OF CAPE CANAVERAL. MR. COWAN EXPLAINED THAT HE HAD EXPLORED THE POSSIBILITY OF RELOCATING IN AN M-1 ZONE AND NOTHING WAS AVAILABLE. CHAIRMAN LLOYD REPORTED THAT THE PLANNING AND ZONING BOARD, AT THEIR JANUARY 14, 1987, MEETING, HAD RECOMMENDED DISAPPROVAL OF THIS REQUEST. HE NOTED THAT THE ZONING ORDINANCE WAS ESTABLISHED TO CONTROL THE ORDERLY TRANSACTION OF, BUSINESS. WITHIN THE CITY AND THIS TYPE OF BUSINESS SHOULD BE LIMITED TO THE M-1 ZONE. MRS. THURAI MOVED TO DENY REQUEST NO. 87-1 BECAUSE THE ZONING ORDINANCE DOES NOT PROVIDE FOR THIS TYPE OF BUSINESS IN A C-1 ZONE. MRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:99 P.M. APPROVED THIS /G DAY OFO.iF' .1987. CHAIRMAN ATTEST: SEC •TARY ZONING BOARD OF ADJUSTMENT FEBRUARY 9, 1987 PAGE 2 OF 2 PAGES BOARD OF ADJUSTMENT JANUARY 12, 1987 A MEETING OF THE BOARD OF ADJUSTMENT WAS HELD ON JANUARY 12, 1987, AT CITY HALL, 105 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 CIIAIR51AN NELLY CARDINALE ROBERT LAWS ANN THURM RONNIE FARMER ALTERNATE MEMBERS ABSENT MARILYN RIGERMAN VICE CHAIRMAN OTHERS PRESENT: KOHN BENNETT DEPUTY CITY ATTORNEY ARTIS GUNN BUILDING OFFICIAL EVELYN HUTCHERSON SECRETARY MR. LAWS MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 3, 1986, MEETING. AIRS..THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. CHAIRMAN LLOYD CONFIRMED THAT THE MEMBERS HAD RECEIVED THE UPDATED PAGES OF THE ZONING ORDINANCE. NEW BUSINESS ITEM 1. REQUEST NO 86-12 VARIANCE TO ESTABLISH PROPERTY AS TWO UNITS. LOT 4 BLOCK 23 AVON-BY-TIIE-SEA SECTION 23. TON NSIIIP 24 RANGE 37 LOCATED AT 515 MADISON AVENUE. PETITIONER IS OWNER, JOSEPH J. RARTNETT MR. HARTNETT EXPLAINED THAT THE INITIAL ACTION, TO CONVERT THE PROPERTY BACK TO A SINGLE FAMILY RESIDENCE OR TO MODIFY THE PROPERTY FOR A DUPLEX, HAD BEEN TAKEN BY THE CODE ENFORCEMENT BOARD AGAINST AIR. HENRY WILLIAMS. AIR. HARTNETT STATED THAT OWNERSHIP OF THE PROPERTY HAD REVERTED BACK TO HIM, AND THAT HE HAD AGREED TO ASSUME THE RESPONSIBILITY OF THE ORDER OF THE CODE ENFORCEMENT BOARD. HE NOTED, FOR THE RECORD, THAT HE HAD TAKEN SAFETY PRECAUTIONS FOR THE TENANTS, BY INSTALLING SMOKE DETECTORS, WHICH WOULD POSTPONE FURTHER ACTION UNTIL ONE OF THE LEASES EXPIRES IN MARCH, 1987. MR. HARTNETT EXPLAINED THAT HE HAD ORIGINALLY THOUGHT THE USE OF TWO STRUCTURES WOULD BE MORE ACCEPTABLE; HOWEVER, HE NOW BELIEVES BOARD OF ADJUSTMENT JANUARY 12, 1987 PAGE 1 OF 3 PAGES A MODIFICATION TO THE MAIN BUILDING WOULD BRING IT MORE IN CONFORMANCE. HE PRESENTED AN AMENDED VARIANCE REQUEST TO MODIFY THE MAIN STRUCTURE FOR A DUPLEX. HE NOTED THAT THE UTILITIES WOULD BE SEPARATED AND A ONE-HOUR FIRE WALL WOULD BE PROVIDED. ATTORNEY BENNETT ADVISED THAT THE AMENDED VARIANCE. WOULD REQUIRE REVIEW BY THE PLANNING AND ZONING BOARD AND A FOURTEEN -DAY NOTICE. MRS. THURM MOVED TO POSTPONE REQUEST NO. 86-12 UNTIL IT HAD BEEN READVERTISED AND SENT TO THE PLANNING AND ZONING BOARD FOR THEIR REVIEW. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. RE VEST NO. 86-13 SPECIAL EXCEPTION TO OPERATE BOOK STORE INA C-1 ZONE LOTS 9 AND 16 BLOCK 19 AVON-BY-TIIE-SEA. SECTION 23, UNIT A6NSPETITIONER ISE5IARYOLOUTDOR EY MARY DESS BIOONSENUE MR. GUNN REPORTED THAT MARY-DEES BOOKS HAD BEGUN OPERATING TWO YEARS AGO AND HAD NOT BEEN ABLE TO OBTAIN AN OCCUPATIONAL LICENSE UNTIL THE ORDINANCE WAS AMENDED TO ALLOW A BOOK STORE. HE NOTED THAT THIS HAD BEEN ACCOMPLISHED. MR. FARMER MOVED TO APPROVE REQUEST No. 86-13. SIRS. CARDINALE SECONDED MOTION. MOTION PASSED UNANIMOUSLY. FOR SPECIAL EXC- ITE•Af 3. NOT85N RE: TIME 8 TO CONSTRUCT SNSION ,IIOPPINO CCNTER IN AN M-1 ZIONE SECTION 15 TO{YNSIIIP 24S RANGC 37E PORTION OF TRACT 750 LOCATED EAST OF ROCKWELL INTERNATIONAL . PETITIONER IS GEORGE• II. FIRKINS AOR CEVESCO ILC. MR. GEORGE FIRKINS REQUESTED AN EXTENSION OF AN ADDITIONAL EIGHTEEN (18) MONTHS ON THIS REQUEST. HE STATED THAT HE HAD SPENT A CONSIDERABLE AMOUNT OF TIME PUTTING THIS PROJECT TOGETHER AND HAD OBTAINED A SUBSTANTIAL, NON-REFUNDABLE DEPOSIT ON THE PROJECT. HE NOTED THAT A LOT OF CIRCUMSTANCES OCCURRING IN 1986 HAD DELAYED THE PROJECT. MR. LLOYD. NOTED THE CONDITION FOR A TRAFFIC LIGHT ON THE ORIGINAL REQUEST. BEST NO. 85-9 FOR AN ADDITIONAL MRS. THURM MOVED TO EXTEND REQ EIGHTEEN (18) MONTHS WITH THE SAME PROVISION ON THE TRAFFIC SIGNAL. MR. LAWS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM1. 5fOT10N RE: APPROVAL OF AULES OF PROCEDURE CHAIRMAN LLOYD STATED THAT ONCE THE RULES OF PROCEDURE WERE APPROVED THEY WOULD BE SENT TO THE CITY COUNCIL FOR RATIFICATION. MR. BOARD OF ADJUSTMENT JANUARY 12, 1987 PAGE 2 OF 3 PAGES LANG MOVED TO APPROVE THE RULES OF PROCEDURE. NRS. THURN SECONDED NOTION. NOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 765 P.M. n jk APPROVED THIS 9 DAY OF Fp 6vu?- , 1987• CHAIRMAN ATTEST: SECft ARY BOARD OF ADJUSTMENT JANUARY 12, 1987 PAGE 3 OF 3 PAGES