Cape Coral Regular Planning & Zoning Commission/Local Planning
Agency Board of Zoning Adjustment & Appeals
1015 Cultural Park Boulevard
Cape Coral, FL 33990
www.capecoral.net
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Members Chairman Wolfe Vice Chairman Triscari Commissioner Cristaldi Commissioner Fluegel Commissioner Martin Commissioner Ranfranz Commissioner Read Alternate Commissioner Carlson Alternate Commissioner McCord |
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Interim City Manager Carl Schwing City Attorney Dolores Menendez Assistant City Attorney Brian Bartos City Clerk Bonnie Potter
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FINAL ACTION AGENDA
Wednesday, December 02, 2009
9:00 AM
Council Chambers
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PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA |
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ROLL CALL: Cristaldi, Fluegel, Martin, Ranfranz, Read, Triscari and Wolfe Alternates: Carlson and McCord |
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APPROVAL OF MINUTES – November 4, 2009 - APPROVED |
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PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING |
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ORDINANCE 65 – 09* - RECOMMENDED APPROVAL ZA 09-00500002*- City Of Cape Coral Legal: Parcels in Section 17, Township 44 South, Range 23 East, and Lots 1-68, Block 3916 and Lots 1-32, Block 3917, Unit 54 Request: Rezone Property from Corridor (CORR) to Commerce Park Overlay (CPO) Within the Corridor (CORR) Zone
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL OFFICIAL ZONING DISTRICT MAP OF ALL PROPERTY WITHIN THE LIMITS OF THE CITY OF CAPE CORAL BY REZONING PROPERTY DESCRIBED AS PARCELS IN SECTION 17, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, AND LOTS 1-68, BLOCK 3916 AND LOTS 1-32, BLOCK 3917, UNIT 54, ALL AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CORRIDOR (CORR) TO COMMERCE PARK OVERLAY (CPO) WITHIN THE CORRIDOR (CORR) ZONE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
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PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY ADJOURNS AND RECONVENES AS THE BOARD OF ZONING ADJUSTMENT AND APPEALS PUBLIC HEARING |
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RESOLUTION VA 13 – 2009* - APPROVED VA 09-0002* - Vahl Legal: Lots 39-40, Block 1734, Unit 44 Address: 417 SW 46th Terrace Request: 8’ variance to the minimum 25’ front setback requirement in order to permit a single family residence with a 17’ front setback from the property line in a single-family residential (R-1B) zone
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION 8.10, VARIANCES, GRANTING A DIMENSIONAL VARIANCE OF EIGHT (8) FEET FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF TWENTY-FIVE (25) FEET IN ORDER TO PERMIT THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE SEVENTEEN (17) FEET FROM THE FRONT PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 39 AND 40, BLOCK 1734, UNIT 44, CAPE CORAL SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY IS LOCATED AT 417 SW 46TH TERRACE; PROVIDING AN EFFECTIVE DATE. |
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DATE AND TIME OF NEXT MEETING – The next regular meeting is scheduled for Wednesday, January 6, 2010, in Council Chambers at 9:00 a.m. |
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Members of the audience who address the Board/Commission/Committee shall step up to the speaker’s lectern and give his/her full name, address and whom he/she represents. Proper decorum shall be maintained at all time. Any audience member who is boisterous or disruptive in any manner to the conduct of this meeting shall be asked to leave or be escorted from the meeting room.
In accordance with the Americans with Disabilities Act and § 2.86.26, Florida Statutes, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-941-574-0530 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8700 (v) for assistance.
If a person decides to appeal any decision made by the Board/Commission/Committee with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.
This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries.
*PUBLIC HEARINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT CASES
In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application:
- The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth. Officers of the Court are exempt.
- The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant’s representative; witnesses called by the applicant, and then members of the public.
- Members of the Planning & Zoning Commission/Local Planning Agency Board of Adjustment & Appeals may question any witness on relevant issues, by the applicant and/or the applicant’s representative, City staff, or by any member of the public.
- The Chair may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Chair may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Chair may also call witnesses and introduce evidence on behalf of the Planning & Zoning Commission/Local Planning Agency if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject.
After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement.
Generated 11/23/2009 8:23 AM