City of
Board of
Adjustment
Meeting
Minutes
May 10,
2007
A Meeting of the City of
Cape Canaveral Board of Adjustment was held on May 10, 2007 at the Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Earl
McMillin, Chairperson, called the meeting to order at 7:00 P.M. The Secretary called the roll.
MEMBERS
PRESENT:
Earl
McMillin Chairperson
Constance
McKone Vice Chairperson
Robert
Laws
Paula
Collins
Jack Childs
OTHERS
PRESENT:
Bennett
Boucher City Manager
Todd
Morley Building
Official
Bea
McNeely Ex-Officio
Member
Lamar
Russell Vice
Chair, P & Z Board
Robert
Hoog Mayor Pro
Tem
Shannon
Roberts Council Member
Todd
Peetz City
Planner
Anthony
Garganese City Attorney
Susan
Chapman Secretary
NEW BUSINESS
1. Motion
to Approve the Meeting Minutes of February 12, 2007.
Motion by Connie McKone, seconded
by Jack Childs, to approve the meeting minutes of February 12, 2007. Vote on the motion carried unanimously.
2. Request No. 07-05, Administrative
Appeal of the Building Official's Final Administrative Decision pursuant to
Section 110-40 of the City Code, Regarding Coastal Terminals L.L.C.'s Request
for a Special Exception (8954 N. Atlantic Avenue), Parcel ID Nos. 24-37-14-00-00271.0-0000.00,
24-37-14-00-00015.0-0000.00, Cape Canaveral, FL
32920-3449, Richard E. Torpy, Esq., on Behalf of Coastal Terminals,
L.L.C.
Earl
McMillin, Chairperson, read the agenda item for the record. He informed the Board that a recent development
had come to his attention through the city's legal counsel. He asked the city attorney to explain the
current situation. Anthony Garganese,
City Attorney, stated that he was contacted by attorney Torpy, who indicated that
due to health problems, he was temporarily incapacitated; therefore, unable to
attend this evening's hearing. Mr.
Garganese advised that attorney Torpy respectfully requested a continuance of
the hearing to the month of June. Mr.
Garganese explained that due to privacy concerns, he did not want to divulge
what Mr. Torpy had indicated to him regarding his health condition, but he
believed that they were significant enough to convince him to grant the request
for a continuance.
Board of
Adjustment
Meeting
Minutes
May 10,
2007
Page 2
Anthony
Garganese, City Attorney, recommended that the Board postpone the hearing to a
date certain in June, in order to preserve advertising. He noted that the city sent out an
advertisement to the surrounding property owners at a cost of approximately
$5,000.00.
Chairperson
McMillin announced that because the Board has this situation with legal counsel
for Coastal Terminals, he moved that this matter, Request #07-05,
Administrative Appeal of the building official's final administrative decision,
be continued, until June 14, 2007, at 7:00 p.m., in the Cape Canaveral Public
Library meeting room. Citizens in the
audience attempted to make comments; however, Chairperson McMillin announced
that the Board was not hearing any comments; therefore, the Board would act on
the motion. Connie McKone, Vice
Chairperson, seconded the motion. Robert
Laws, Board member, questioned why this matter could not have been handled
earlier. Chairperson McMillin answered that
the situation came up at the last moment.
Chairperson
McMillin noted, for the record, that Paula Collins, Board member, entered the
meeting at this time. Mr. McMillin
informed Mrs. Collins of the Board's actions on this item.
There being
no further discussion on the motion, Chairperson McMillin called for the vote. Vote on the motion carried unanimously.
Chairperson
McMillin announced that the Board was not hearing any comments, and advised
that the matter has been continued.
Motion by
Robert Laws, seconded by Connie McKone, to adjourn the meeting. Vote on the motion carried unanimously.
The meeting was adjourned at 7:06
p.m.
Approved this _____ day of
___________________________________, 2007.
_______________________________________
Earl McMillin, Chairperson
_______________________________________
Susan L. Chapman, Secretary