City of Cape Canaveral

Board of Adjustment

Meeting Minutes

January 29, 2007

A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 29, 2007 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. The Secretary called the roll.

MEMBERS PRESENT:

Earl McMillin Chairperson

Constance McKone Vice Chairperson

Paula Collins

Robert Laws

Jack Childs Alternate

OTHERS PRESENT:

Susan Chapman Secretary

Todd Peetz City Planner

Kate Latorre Assistant City Attorney

Bea McNeely Ex-Officio Member

Robert Hoog Mayor Pro Tem

All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.

NEW BUSINESS

1. Motion to Approve the Meeting Minutes of October 23, 2006.

Motion by Paula Collins, seconded by Jack Childs, to approve the meeting minutes of September 25, 2006. Vote on the motion carried unanimously.

2. Motion Re: Special Exception Request No. 07-01 to Allow Package Sales of Alcoholic Beverages in the C-1 Zoning District, (6850 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Lots 1-3 and 10-12, Block 73, Avon by the Sea, (Yogi's Food and Beverage, Inc.) - Yogi Patel, Petitioner.

Todd Peetz, City Planner, advised that the proper address for this request was (6870 N. Atlantic Avenue), as assigned by the Brevard County Address Assignment department. Mr. Peetz verified that all proper notifications were mailed.

Walter Bowman, Representative for the Petitioner, explained that Yogi's Food & Beverage is located at 6850 N. Atlantic Avenue; this special exception location would be located at 6870 N. Atlantic Avenue; and Tip-a-Few Tavern is located at 6890 N. Atlantic Avenue. Andrew Menhart, Attorney for the Property Owner, advised that the special exception request is not for the entire site, 6870 N. Atlantic Avenue is the legal address for this special exception location only. Mr. Bowman noted that the state license has been applied for; the hours of operation will be 8:00 a.m. - 10:00 p.m.; Yogi Patel is the property owner and will lease the space. Brief discussion followed.

Board of Adjustment

Meeting Minutes

January 29, 2007

Page 2

Motion by Robert Laws, seconded by Paula Collins, to grant Special Exception Request No. 07-01. Vote on the motion carried unanimously.

3. Motion Re: Request No. 07-02 to Allow a Change of Use (Used in Conjunction with a Non-conforming Structure and Premises) in the C-1 Zoning District,

(8200 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by the Sea, South 25 Feet of Lots 1, 2, 3 and 9-11, Block 1, Avon by the Sea, (Beach Auto Repair, LLC) - Vincent Keenan, Petitioner.

The Board members reviewed photographs of the existing site. Vincent Keenan, Petitioner, testified that he was requesting to enclose the building in the area that was permitted to be enclosed in 1972, but was never completed. He advised that the area is currently used as an outside work area. He noted that the hours of operation would remain the same. Board member Connie McKone, read a portion of a staff report from City Planner Todd Peetz, dated November 6, 2006, which stated "The proposed enclosure of the bay would create a more compatible use with the existing residential development adjacent to and north of the subject site. These improvements have the potential to reduce the negative visual impact, as well as, noise due to auto repair practices on site." Ms. McKone referenced Section 110-195 of the city code, and voiced her opinion that the request met the intent of the code section.

Bill Murphy, resident, advised that he is a satisfied customer and commented that the business is an asset to the area.

Chairperson McMillin read a letter into the record from Doris Prescott, resident, who was a satisfied customer, and in favor of the request. Brief discussion followed.

Motion by Jack Childs, seconded by Robert Laws, to grant Change of Use Request No. 07-02. Vote on the motion carried unanimously.

4. Motion Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (Ice/Water) at an Existing Automotive Service Station in the C-1 Zoning District, (8101 Astronaut Boulevard), Section 23, Township 24 South, Range 37 East, Parcel 255.0, (Citgo Gas Station) - Jay Jasperson, Petitioner.

Jay Jasperson, Petitioner, testified that he was requesting a special exception to install a State approved water and ice building. He noted that he already received approval from the Community Appearance Board. Mr. Jasperson explained that the building is self contained and fully automated; it is no louder than an a/c air handler at a residential home; the building is insulated to reduce noise; and the building runs on electricity. Brief discussion followed.

Motion by Earl McMillin, seconded by Paula Collins, to grant Special Exception Request No. 07-04. Vote on the motion carried unanimously.

Board of Adjustment

Meeting Minutes

January 29, 2007

Page 3

5. Election of Chairperson and Vice Chairperson.

Earl McMillin nominated Connie McKone for Chairperson. Robert Laws nominated Earl McMillin as Chairperson. By unanimous consensus, Earl McMillin was re-elected as Chairperson.

Jack Childs nominated Connie McKone for Vice Chairperson. Being no other nominations, Connie McKone was elected Vice Chairperson.

OPEN DISCUSSION

Susan Chapman, Board Secretary, polled the Board members to schedule the next meeting on February 12th. Earl McMillin advised that he would be out of town. All the other Board members were available to attend the meeting.

There being no further business the meeting was adjourned at 8:00 p.m.

Approved this _____ day of ___________________________________, 2007.

_______________________________________ Earl McMillin, Chairperson

_________________________________

Susan L. Chapman, Secretary