City of Cape Canaveral

Board of Adjustment

Meeting Minutes

August 11, 2008

A Meeting of the City of Cape Canaveral Board of Adjustment was held on August 11, 2008 at the City 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

Jack Childs

MEMBERS ABSENT:

Paula Collins

OTHERS PRESENT:

Bea McNeely Ex officio Member

Susan Chapman Secretary

Kate Latorre Assistant City Attorney

Barry Brown Planning & Development Director

Todd Morley Building Official

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

NEW BUSINESS

1. Motion to Approve the Meeting Minutes of March 24, 2008.

Motion by Connie McKone, seconded by Earl McMillin, to approve the meeting minutes of March 24, 2008. Vote on the motion carried unanimously.

2. Motion Re: Special Exception Request No. 08-02, to Allow a Carwash in the C-1 Zoning District, (104 Monroe Avenue) - Victor M. Watson, Esq., Petitioner.

Victor Watson, Esq., Petitioner explained that the property was owned by Heath and Heath Systems, Inc.; he was representing the potential property owners James and Kara Kappernaros; there was a sales contract pending for the Kappernaros to purchase the property depending upon approval of the requested Special Exception.

Board of Adjustment

Meeting Minutes

August 11, 2008

Page 2

Attorney Watson testified that his clients planned to remove the mobile home and add a new roof with trusses; his clients agreed to use recycled water, rather than discharge into the river; his clients agreed to the conditions of recommended approval that were placed by the Planning & Zoning Board, however he noted that green space was limited between the bays on the south side. He further testified that the building would be refurbished to meet current code requirements.

Discussion was held regarding a proposed deli. Connie McKone voiced her concern regarding parking, which appeared to protrude into the City right-of-way. She stated that a deli was not a compatible use to a carwash. Attorney Watson replied that parking would not go onto the City right-of-way; there was sufficient room for parking; per the City code a deli was a principal use in the C-1 zoning district, and therefore did not require a Special Exception; the deli would consist of a small amount of seating, but most of the deli business would be through a drive-up window.

Connie McKone advised that because the property already existed, the City code did not require site plan approval. The Planning & Development Director, replied that a site plan would not be required to be approved by the City Council, however a site plan would be required, reviewed and approved by City staff, prior to any building permits being issued. He noted that part of the site plan review would include demonstration that parking would be provided only on the property. He requested that a condition be added that a site plan shall be submitted, to scale, and reviewed by City staff to verify compliance with applicable codes.

The Planning & Development Director read a letter from Councilman Hoog into the record. Councilman Hoog requested that sidewalks be required for pedestrian safety. The Building Official advised that sidewalks were required for new construction; however if a sidewalk was installed along both sides of the subject property it would not affect access or parking. Joyce Hamilton, citizen, advised that she lived two blocks from the property, and was concerned regarding traffic entering and exiting from the same street, as it was shown on the submitted site plan sketch.

Tom Remke, citizen and adjacent property owner, voiced his concern regarding noise from the automatic carwash bay, which was located only 9 or 10 feet from his townhouse. He commented that if there was a buffering requirement, he would request that it be placed between his property and the subject property. Earl McMillin questioned if the automatic carwash would have air blowers. Attorney Watson responded that the carwash bay was short, so it probably would not have air blowers.

Board of Adjustment

Meeting Minutes

August 11, 2008

Page 3

Discussion was held regarding the location of the vacuums. Joyce Hamilton, citizen, suggested that parking be relocated to where the vacuums were located and along the North side of the property. Attorney Watson apologized for the parking being shown protruding onto the City right-of-way, and would revise the plan to show parking on the property. He noted that the parking would be angled, and would meet applicable code requirements. The Planning & Development Director advised that the site plan would be reviewed by the Fire department for adequate emergency access. Discussion continued regarding the proposed parking shown on the submitted site plan sketch, sidewalks, and safety of pedestrian traffic around the subject property. The Building Official advised that the City could require an easement agreement be recorded for the portion of the sidewalk that is on the subject property. Discussion continued.

The Board members reviewed the recommended conditions of approval from the Planning & Zoning Board. Attorney Watson verified that his clients agreed to the recommended conditions.

Motion by Earl McMillin, seconded by Connie McKone, to approve Special Exception Request No. 08-02, with the recommended conditions of the Planning & Zoning Board as follows:

· A sidewalk shall be constructed along the south side of the property, per City code.

· Green space shall be provided between the sidewalk and roadway, along the south side of the property.

· The chain link fence shall be removed.

· The east buffer shall be painted consistent with the building color(s).

· The building shall be brought into compliance with applicable City codes.

· The building facade shall be consistent with the elevation, as shown on the submitted conceptual plan.

· The pavement shall be repaired or replaced.

· A stormwater permit determination from St. Johns River Water Management District shall be provided, as part of the pavement repair/resurfacing.

· The property shall be brought into compliance with the City's Landscaping code.

Board of Adjustment

Meeting Minutes

August 11, 2008

Page 4

· The pavement shall be repaired or replaced.

· A stormwater permit determination from St. Johns River Water Management District shall be provided, as part of the pavement repair/resurfacing.

· The property shall be brought into compliance with the City's Landscaping code.

· Residential use shall be prohibited.

· The hours of operation for the auto wash and vacuums shall be restricted to 7:30 a.m. - 9:30 p.m.

· The City's Building Official shall determine adequate lighting hoods to mitigate any spillover lighting.

· Trees shall be planted and maintained, along the west side of the east buffer wall. The Director of Planning & Development will work with the property owner(s) in determining adequate tree type(s) and placement.

· The water recycling system plan that was submitted to the City's Assistant Public Works Director or equivalent plan shall be used at the new carwash facility. Note: No wash water from the proposed system shall be discharged to the sanitary sewer.

Earl McMillin added an additional condition of approval that:

· A site plan shall be submitted, to scale, to be reviewed by City staff, to verify compliance with applicable codes.

Discussion followed regarding pedestrian safety.

Motion by Jack Childs, seconded by Connie McKone, to require sidewalks be installed. Motion failed by a (2) to (1) vote, with members voting as follows: Jack Childs, for; Connie McKone, for; and Earl McMillin, against. Discussion followed.

Earl McMillin amended his main motion to add the condition that:

· A paved access shall be constructed on the City right-of-way, along the west side of the property, for the purpose of pedestrian safety.

Connie McKone seconded the amendment to the main motion. Vote on the amendment and the main motion, as amended, carried unanimously.

Board of Adjustment

Meeting Minutes

August 11, 2008

Page 5

Earl McMillin amended his main motion to add the condition that:

· A paved access shall be constructed on the City right-of-way, along the west side of the property, for the purpose of pedestrian safety.

Connie McKone seconded the amendment to the main motion. Vote on the amendment and the main motion, as amended, carried unanimously.

3. Interview and Recommendation to City Council Re: John Bond, Prospective Board Member.

Mr. Bond confirmed that all the information on the application to serve on the Board was correct. He advised that he was an operation and development manager, and a licensed real estate agent, who was tasked in understanding complex contracts; he considered himself a problem solver, and believed he would be a good fit and benefit to the Board as a member to make fair and informed decisions.

Motion by Jack Childs, seconded by Connie McKone, to recommend that the City Council appoint John Bond as a member on the Board of Adjustment. Vote on the motion carried unanimously.

There being no further business the meeting was adjourned at 7:53 p.m.

Approved this _____ day of ___________________________________, 2008.

_____________________________ Earl McMillin, Chairperson

___________________________

Susan L. Chapman, Secretary