Please accept the attached application for the subject project located at 927 Cape Coral Parkwqy, Cape Coral, Florida

Similar documents
STAFF REPORT. Lee County School Board APPLICANT/PROPERTY OWNER DOCKET/CASE/APPLICATION NUMBER

Planning Division Case Report VP

Stokes Marine, Inc College Parkway Fort Myers, FL License # CBC

Cape Coral Planning & Zoning Commission/Local Planning. Agency AGENDA. Wednesday, October 5, :00 AM Council Chambers

AGENDA FOR THE HEARING EXAMINER

AGENDA FOR THE HEARING EXAMINER

Unit 28 Block 1910, Lots 79 & 80, LLC

AGENDA FOR THE HEARING EXAMINER

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 07/05/2012

A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

Planning Division Case Report VP

Planning Commission Report

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date: July 17, 2018 Planning Board Case No. 1670I

CITY OF BUENA PARK MINUTES OF ZONING ADMINISTRATOR HEARING January 28, 2016

Janurary 19, Dear City of Cape Coral,

Coding For Places People Love Main Street Corridor District

HISTORIC PRESERVATION BOARD BOARD AGENDA

PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

VILLAGE OF ORLAND PARK

A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

NOTICE OF PUBLIC HEARINGS CITY OF LIVE OAK, CALIFORNIA

RESOLUTION NO. ZR

NOTICE OF MEETING AND AGENDA FOR THE PLANNING COMMISSION OF SPRINGVILLE, UTAH... JANUARY 23, 2018

Exit 25 Sam Furr Road

Section 1. Appendix A, "Zoning" of the Code of the City of Charlotte is hereby amended as follows:

Zoning Most Frequently Asked Questions

City of Coral Gables Planning and Zoning Staff Report

DEPARTMENT OF COMMUNITY DEVELOPMENT Case # APPLICATION & CHECKLIST FOR CUL-DE-SAC VARIANCE Questions:

No principal structure shall be located any closer to any. street or property line than the required minimum setback as

City of Coral Gables Planning and Zoning Staff Report

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

TOWN OF PALM BEACH TENTATIVE AGENDA: SUBJECT TO REVISION TOWN COUNCIL MEETING COUNCIL CHAMBERS SECOND FLOOR, TOWN HALL

O-I (Office-Institutional) and AG-1(Agricultural)

PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

CITY OF BELLE GLADE. 110 Dr. Martin Luther King Jr. Blvd., West Belle Glade, FL Telephone (561) Fax (561)

AMENDMENT TO REGULATING PLAN & SUBDIVISION STAFF REPORT Date: December 15, 2016

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose.

CHAPTER 2 GENERAL PROVISIONS

AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

CPS-2 Transit Hubs LDR Amendments ORDINANCE NO.

ACCESSORY DWELLING UNITS IN THE SOUTHEAST SECTOR

CITY OF LABELLE ORDINANCE BROWARD AVE LLC PLANNED UNIT DEVELOPMENT REZONE

ARTICLE 10 SPECIAL PURPOSE DISTRICTS

It is recommended that the Development Committee take the following actions:

COMMISSION ACTION FORM SUBJECT: ZONING TEXT AMENDMENT FOR LINCOLN WAY CORRIDOR PLAN DOWNTOWN GATEWAY COMMERCIAL ZONING DISTRICT STANDARDS

BYLAW NO. 15/026 A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO AMEND THE LAND USE BYLAW NO. 99/059

An ordinance amending Section of the Los Angeles Municipal Code by amending the Zoning map.

CITY OF BELLEVIEW PLANNING & ZONING BOARD AGENDA

739 Channing Way PRELIMINARY DESIGN REVIEW

LEMOORE PLANNING COMMISSION Regular Meeting AGENDA Lemoore Council Chamber 429 C Street. May 14, :00 p.m.

FORT MYERS CITY COUNCIL

Conduct a hearing on the appeal, consider all evidence and testimony, and take one of the following actions:

AAR SUBMITTAL CHECKLIST

CITY OF BUENA PARK MINUTES OF ZONING ADMINISTRATOR HEARING March 2, 2016

CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CC

Chapter 17-2 Residential Districts

AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA May 2, 2013

RESOLUTION NO. WHEREAS, the Signal Hill Gateway Center has been developed in phases. overtime; and

Open Air Dining Permit Planning Review Application

Letter of Determination

RESOLUTION NO

Community Advisory Committee (CAC) Meeting #7 West Anaheim Youth Center May 26, 2016

Lee County Board Of County Commissioners Agenda Item Summary Blue Sheet No

THE REDEVELOPMENT PLAN

Chapter DOWNTOWN ZONING DISTRICTS

MINNETONKA PLANNING COMMISSION November 19, Brief Description Variances for a blade sign at State Highway 7

RESOLUTION NO. ZR

Rezoning Petition Pre-Hearing Staff Analysis April 17, 2017

CITY OF MOUNTLAKE TERRACE ORDINANCE NO. 2683

SALT LAKE CITY ORDINANCE No. of 2016

ARTICLE 887. PD 887. Valley View - Galleria Area Special Purpose District

THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER 2065, A Bylaw to Amend Zoning Bylaw Number 1375, 1996

TOWN OF HEMPSTEAD BUILDING ZONE ORDINANCE Proposed Zoning Amendments to Create an Hempstead Turnpike Elmont Zoning District

ORDINANCE NO (As Amended)

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT CRESCENT ANIMAL HOSPITAL (ICE HOUSE BUILDING)

ORDINANCE NO

Community Development Department Council Chambers, 7:30 PM, June 7, 2018

1. Cuyler-Brownsville planned neighborhood conservation (P-N-C) districtphase I (section ). (2) Single-family semiattached dwellings;

SUBDIVISION, PLANNED UNIT DEVELOPMENT, ZONING AMENDMENT, & SIDEWALK WAIVER STAFF REPORT Date: July 19, 2018

Composition of traditional residential corridors.

AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS

Land Use and Zoning Changes for Land Development Code Update

LEE COUNTY, FLORIDA DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING DIVISION STAFF REPORT. A. Applicant: Ronald Principato/ Principato Accessory Apartment

NEW BUSINESS. Aerial Map. Case #11-1. Neighborhood Context

Cover Letter with Narrative Statement

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

Berry/University Form Based Code and Urban Residential Development

May 23, 2017 Staff Report to the Board of Zoning Ad justment. C AS E # VAR I t e m #1. Location Map. Subject

serving retail on the ground floor street frontage with offices and housing above and behind. Purpose and Intent: To create a vibrant pedestrian

PLAN COMMISSION Wednesday, August 30, 2017

TOWN OF SOUTH PALM BEACH 3577 South Ocean Boulevard, South Palm Beach, FL (561)

PLANNING DIVISION STAFF REPORT LU APPLICANTS/PROPERTY OWNERS Harold and Pamela Arkin, Trustees Marlin Properties, LLC Esta Rubinstein Trust

CITY COUNCIL AND BURA AGENDA MEMORANDUM

CHAPTER 29 ARTICLE 8. 20,000 sf 30,000 sf 100,000 sf (with approval by Special Use Permit according to Sec

DISCUSSION DRAFT 1 INTRODUCTORY PROVISIONS

RESOLUTION OF MEMORIALIZATION OF THE LAND USE BOARD OF THE BOROUGH OF HARVEY CEDARS, COUNTY OF OCEAN AND STATE OF NEW JERSEY DOCKET NO.

FOR SALE > MULTIFAMILY/COMMERCIAL REDEVELOPMENT OPPORTUNITY

Transcription:

PASQUALE ROMANO LLC PARK 0, ORIDA 0 -- July, 0 Mr. Vince Cautero, Director Department of Community Development City of Cape Coral Cultural Park Blvd. Cape Coral, Fl 0 Subject: Neverminds Elite Structured Roof Dear Mr. Cautero: Please accept the attached application for the subject project located at Cape Coral Parkwqy, Cape Coral, Florida. In response to the request for Information required from the Applicant, Items &, please see the following: The intended use of the elite structured roof is to provide shade for the patio area already permitted. The elite structure is in line with the overall intent of the CRA as it will encourage a place for individuals to "live, work, shop and be entertained." We respectfully request approval of this application. We also request your consideration to process the application as quickly as possible and in parallel to the Community Redevelopment Agency's approval process, Your assistance in moving this forward is appreciated. Please contact me with any questions or additional infor ation at --0. Attachments C: Ed Ramos, South Cape Advisory Board Chair Pat Romano, Owner Terri Hall, Senior Ass't to the City Manager

Planning Division Staff Report NCSE -000 Review Date: August, 0; Revised August, 0 Property Owner: Authorized Representative/ Applicant: Request: Location: Prepared By: Reviewed By: Recommendation: Urban Service Area: Murielene J. Swadner for Murielene J. Swadner Trust Dave Hall The applicant is requesting a non-conforming structure exception (NCSE) per the City s Land Use and Development Regulations (LUDRs), Section.. to allow a nonconforming building to be expanded within the South Cape (SC) Downtown District. Cape Coral Parkway East Unit, Block A, Lots - Strap no: ---C-0.A0 Chad Boyko, AICP, Planner IV Derek C.S. Burr, AICP, Planning Manager Approval with Conditions Infill Table. Zoning, Future Land Use, and Existing Uses of Properties Adjacent to the subject property. Subject Parcel Zoning Future Land Use (U) Existing Use South Cape (SC) Downtown Mixed (DM) Multi-Tenant Building Surrounding Zoning Surrounding U Surrounding Existing Uses North: SC DM City-owned parking lot South: Cape Coral Parkway/SC Cape Coral Parkway/DM Bank East: SE th Place/SC SE th Place/DM Auto repair shop West: SC DM Fast-food restaurant Right-of-Way Access: The subject property has frontage along two streets, Cape Coral Parkway to the south and SE th Place to the east. In addition, a 0-foot wide improved alley is located immediately north of the subject property. According to street hierarchy found in LUDR, Section.., Cape Coral Parkway is designated as a Parkway street and SE th Place is designated as a Primary street.

NCSE-000 August, 0 Page Property Description and Current Use: The subject property consists of one parcel with an area of, sq. ft. This property is improved with a, sq. ft. building that was constructed around, prior to the incorporation of the City of Cape Coral. Parking for the building is located in the front and the rear of the building. Several uses are associated with the subject property such as a restaurant, a computer repair shop, a beauty parlor and a barber shop. This Non-Conforming Structure Expansion (NSCE) is requested by the lessee of the restaurant located in the western two units of the building. This particular establishment called Nevermind Awesome Bar and Eatery received a certificate of use on November, 0. Standard Restaurants are allowed as permitted uses along all street designations (Parkway, Primary, Secondary and Tertiary) within the SC. The subject property is located on the boundaries of two subdistricts, Club Square and Parkway, identified in the South Cape Vision Plan. Proposed Renovation: The applicant proposes to construct an aluminum roof on a portion of the rear of the building in order to cover an area of outdoor seating that serves the restaurant. The aluminum roof will extend north from the rear of the restaurant about feet. The proposed roof will be feet wide. The total square footage of the roof will be approximately sq. ft. Analysis of Existing Legal Nonconformities Associated with the proposed NCSE Staff has analyzed this case in accordance with LUDR, Section.. that addresses nonconforming structures located within the SC District, and Section.. that provides regulations for the SC District. In regards to use, the subject establishment is classified by the City as a standard restaurant. This use is a permitted use and allowed on properties along all four street designation categories within the SC. The existing multi-tenant building is considered a legal nonconforming structure. It is not uncommon for buildings to become nonconforming when a structure that was previously designed and constructed under one zoning district is later rezoned to a different zoning district that features different requirements compared to the former district. The existing building was developed when this property was located in unincorporated Lee County. Following the incorporation of this property into the City of Cape Coral, the property was rezoned to Pedestrian-Commercial (C-) District. Subsequently, the property was rezoned to the Downtown Core (DC) District in 00 (Ordinance -0) and more recently to the SC District in 0 (Ordinance -), which followed the Zyscovich Vision Plan adoption. The property originally developed under a conventional Euclidean zoning district with minimum setback regulations when located in unincorporated Lee County. The SC District has a form-based emphasis. South Cape Vision Plan did not determine exact boundaries for sub-districts. Restaurant, Group III per LUDR, Section.. Form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. Form-based code is a regulation and not a guideline.

NCSE-000 August, 0 Page Form-based provisions are intended to emphasize the physical character of development, with particular regard in how new development relates to the public realm, like sidewalks and streets. Outside the SC District, nonconforming structures may not be enlarged or replaced except in conformance with the City s LUDRs and the Cape Coral Comprehensive Plan. To foster economic growth within the SC district and implement the Downtown Redevelopment Plan, nonconforming structures may be enlarged or replaced. A NCSE application is reviewed by the City s Board of Zoning Adjustment and Appeals during a quasi-judicial public hearing. The NCSE may be approved providing the approval of a NCSE would not be contrary to the public interest and would have the effect of reducing the number of non-conforming features of the structure or site. No NCSE shall be approved that would result in the increase of the area occupied by a non-conforming use. No NCSE approval shall produce a violation of Article VI, Flood Damage Prevention, of the LUDR, or any technical code such as the Florida Building Code or fire prevention codes adopted by the City. Planning staff and the applicant held a meeting on August, 0 where the applicant agreed to eliminate several parking spaces that are located in the front of the building. The applicant also indicated that bicycle and motorcycle racks will be installed in the rear of the building just beyond the proposed roof expansion. The applicant has also indicated that attempts will be made to eliminate the remainder of the off-street parking area in the future, however, the applicant does not have authority over these spaces because they are leased to other units of the building. Final determination on the removal of the spaces will be made by the building owner. As part of this NCSE review, staff identifies all non-conformities that are found for the building or the subject property located at Cape Coral Parkway. The following section of this report identifies existing nonconformities and briefly discusses the effect the proposed project would have on each one.. Minimum Off-Street Parking Area and Setbacks (LUDR, Table SC-). The existing off-street parking area located in the front of the building is not compliant with the minimum front setback requirement of feet for off-street parking areas. Based on scaled drawing provided by the applicant, the off-street parking area is built flush to Cape Coral Parkway and does not have a minimum setback. Planning staff finds that the reduction of the parking spaces in the front of the building will reduce the non-conformity regarding off-street parking area setbacks, therefore, this nonconformity will be reduced in magnitude.. Awnings, Canopies, and Similar Architectural Features (LUDR, Section..D..b). A first story façade facing a street is required to provide shade with awnings, canopies, colonnades, arcades, balconies, or any combination thereof, for at least 0% of its length. This requirement applies to the east and south sides of the building which face SE th Street and Cape Coral Parkway, respectively. The north side of the building is exempt from this requirement as this building side faces an alley. Staff notes that the applicant has not provided any façade elevations of the subject property, however, a site visit to the property on August, 0 found that neither the south nor the east sides of the building have any awnings, canopies, colonnades, arcades or As agreed to in the meeting held on August, 0

NCSE-000 August, 0 Page balconies. The applicant has not proposed to add any additional awnings, canopies, colonnades, arcades or balconies, therefore, this non-conformity will not be reduced in magnitude.. Required Improvements to Off-Street Parking Area Setbacks [LUDR, Section..C..d()(c)]. For off-street parking areas visible from the street, excluding alleys, the minimum off-street parking area front setback must be improved to include a continuous hedge, consisting of shrubs, and either an opaque fence or wall with a height between and inches. To determine whether an off-street parking area is visible from a street, such off-street parking areas shall be viewed along a line perpendicular or radial to the lot line, and any portion of the off-street parking area, excluding driveways, which is not behind a building or wall, shall be deemed to be visible from the aforementioned street. The applicant has not indicated that any additional landscaping or screening will be constructed, therefore, this non-conformity will not be reduced in magnitude. Analysis of Proposed Improvements to the Building and Site The applicant has proposed construction of an aluminum roof in order to cover an outdoor seating area for a restaurant. The applicant has also proposed to eliminate parking spaces in front of the building that are encroaching into the minimum front setback for off-street parking areas. The applicant has not proposed any changes to the building except for the proposed roof expansion. Planning staff finds that because the improvement is located in the rear of the building, the facades facing Cape Coral Parkway and SE th Street will not be enhanced. Furthermore, given the relatively small size of the expansion, staff does not find that the overall appearance of the building will be affected by the proposed roof extension. The reduction in the parking spaces in front of the building along Cape Coral Parkway will enhance the aesthetics of the building and will reduce the number of vehicles entering the site from Cape Coral Parkway. The removal of the parking spaces and addition of bicycle and motorcycle parking is compatible with the South Cape Vision Plan that seeks to increase pedestrian walkability and bicycle mobility throughout the SC district by removal or reduction of off-street parking areas. Consistency with the Comprehensive Plan This proposed amendment is consistent with the following policy contained within the Future Land Use Element of the City s Comprehensive Plan: Policy.: The City will, as part of its CRA planning process, investigate innovative market opportunities to property owners in blighted areas to remodel, rebuild and replat their buildings and properties. In recognition of the large number of legal nonconforming buildings in the CRA and to provide incentives for redevelopment in this area, the NCSE process is only available to owners of property located in the SC District. This process allows for the expansion of legal nonconforming buildings where the redevelopments of those buildings are performed in conformance with the City s LUDRs and Comprehensive Plan.

NCSE-000 August, 0 Page Summary and Recommendation The applicant proposes to construct an aluminum roof on the rear of the building in order to cover an outdoor seating area for a building located Cape Coral Parkway. LUDR, Section...b states NCSEs may be approved by the Board of Zoning Adjustment and Appeals (BZA) provided that the BZA finds that such NCSE will not be contrary to the public interest, would have the effect of reducing the number of non-conforming features of the structure or site or of reducing the degree of non-conformity of one or more non-conforming feature(s) of the structure or site, and that the repair, alteration, or enlargement of the non-conforming structure (beyond that allowed in...a. above) would enhance or further the purpose and intent of the South Cape Vision Plan and the redevelopment of the Downtown CRA. Planning staff finds that the expansion not contrary to the public interest and the NCSE will have the effect of reducing one of the three existing nonconformities for the building located at Cape Coral Parkway. Staff also finds that the NCSE is enhancing and furthering the South Cape Vision Plan by increasing the walkability of the SC district. The NCSE meets the requirements for approval found in LUDR, Section...b, therefore, Planning staff recommends approval of the requested NCSE with the following conditions: ) The applicant shall remove parking spaces leased to the Nevermind Awesome Bar and Eatery establishment. The spaces shall be painted over and a sign shall be installed indicating that no parking is allowed. ) The applicant shall install a rack of bicycle and motorcycle parking along the rear of the building. Staff Contact Information Chad Boyko, AICP, Planner IV PH: -- Email: cboyko@capecoral.net

NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt RESOLUTION NCSE -0, A RESOLUTION PURSUANT TO THE CITY OF LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION., NON-CONFORMITIES, AND ARTICLE VIII, ADMINISTRATION, SECTION., PUBLIC HEARINGS, GRANTING A NON-CONFORMING STRUCTURE EXCEPTION IN THE SOUTH CAPE DOWNTOWN (SC) ZONING DISTRICT ON PROPERTY DESCRIBED AS LOTS AND, BLOCK A, UNIT, PART, SUBDIVISION, AS FULLY DESCRIBED HEREIN; PROPERTY LOCATED AT E. PARKWAY. FURTHER that an application has been received from Shannon Yates. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency sitting as the Board of Zoning Adjustment and Appeals on September th, 0 at :00 A.M. in the Nicholas Annex, Conference Room A00, Nicholas Parkway, Cape Coral, 0. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City Clerk s office which is located at Cape Coral City Hall, Cultural Park Boulevard, Cape Coral, Florida; telephone ---0 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, -00-- (TDD) or -00-- 0 (v) for assistance. In accordance with Section., Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk at least hours prior to the meeting. FURTHER you are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box 00, Cape Coral, - 00; or email comdev@capecoral. net. For further information, please call Chad Boyko at -- or email at cboyko@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # NCSE-000 September, 0

NCSE -000 RESOLUTION NCSE -0 A RESOLUTION PURSUANT TO THE CITY OF LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION., NON-CONFORMITIES, AND ARTICLE VIII, ADMINISTRATION, SECTION., PUBLIC HEARINGS, GRANTING A NON-CONFORMING STRUCTURE EXCEPTION IN THE SOUTH CAPE DOWNTOWN (SC) ZONING DISTRICT ON PROPERTY DESCRIBED AS LOTS AND, BLOCK A, UNIT, PART, SUBDIVISION, AS FULLY DESCRIBED HEREIN; PROPERTY LOCATED AT E. PARI<WAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application by SHANNON YATES, has been submitted for a Nonconforming Structure Exception and reviewed by the Community Redevelopment Agency, the Executive Director of the Community Redevelopment Agency, and the Planning Division of the City of Cape Coral, and has been presented to the City of Cape Coral Board of Zoning Adjustment and Appeals at a Public Hearing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF, ORIDA: Section. That the City of Cape Coral Board of Zoning Adjustment and Appeals has considered the recommendations of the Community Redevelopment Agency, the Planning Division of the City of Cape Coral, and the presentation made by the Applicant before this Board at a public meeting on the request for A NON-CONFORMING STRUCTURE EXCEPTION IN THE SOUTH CAPE DOWNTOWN (SC) ZONING DISTRICT on the below described property: LEGAL DESCRIPTION: PROPERTY ADDRESS: LOTS AND, BLOCK A, UNIT, PART, SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK, PAGES THROUGH, OF THE PUBLIC RECORDS OF LEE COUNTY, ORIDA. P ARI<WA YEAST Section. The following non-conformities will continue to exist, be reduced but not eliminated, or be created upon the expansion and renovation of the existing building based upon the plans and elevations attached hereto as Exhibit A, as follows: ) The off-street parking is non-conforming as it does not have a minimum setback of seven feet from the face of curb abutting the vehicular use area. With the proposed construction, four off-street parking spaces are being removed; therefore the non-conformity will be reduced. ) The structure is non-conforming as there are no awnings, canopies, colonnades, arcades, balconies, or any combination thereof to provide shade on facades facing the street. This nonconformity will continue to exist. ) The existing site is not compliant with the requirement that for off-street parking areas visible from the street, excluding alleys, the minimum off-street parking area front setback must be improved to include a continuous hedge, consisting of shrubs, and either an opaque fence or wall with a height between and inches. The proposed construction will have no effect on this non-conformity. Therefore, this non-conformity will continue to exist. Section. Applicant shall comply with the following terms and conditions: ) The Developer shall remove four of the off-street parking spaces in front of the building. The spaces shall be painted and a sign posted stating that parking is prohibited in that area. The Developer shall, prior to installation of the structured roof over the patio area, provide to the City a notarized statement from the owner of the property reflecting the owner's approval of removing four parking spaces. ) The Developer shall install a bicycle rack and motorcycle parking along the rear of the building.

Section. Pursuant to City of Cape Coral Land Use and Development Regulations, Article II, District Regulations, Section., Non-conformities, and Article VIII, Administration, Section., Public Hearings, finds as follows: A. The granting of the requested Non-conforming Structure Exception will not be contrary to the public interest. B. The granting of the requested Non-conforming Structure Exception will have the effect of reducing the number of non-conforming features of the structure or site or of reducing the degree of non-conformity of one or more non-conforming feature(s) of the structure or site. C. The repair, alteration, or enlargement of the non-conforming structure granted by this Nonconforming Structure Exception will enhance or further the purpose and intent of the Downtown CRA Master Plan and the redevelopment of the Downtown CRA. Section. Pursuant to City of Cape Coral Land Use and Development Regulations, Article II, District Regulations, Section., Non-conformities, and Article VIII, Administration, Section., Public Hearings, the Applicant's request for Non-conforming Structure Exception is hereby granted. Section. Applicant shall submit to the City an application for a building permit within 0 days of the date of approval of this Resolution. If an application for a building permit is not submitted within this 0 day time frame, the NCSE shall terminate unless an extension is granted by the Department of Community Development Director, or the Director's designee, for good cause shown. Section. This Non-conforming Structure Exception shall be valid for two years from the date of approval by the Board of Zoning Adjustment and Appeals, unless an extension is granted by the Board of Zoning Adjustment and Appeals for good cause shown. Section. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF AT ITS REGULAR SESSION THIS DAY OF-----~ 0. DANIEL READ, CHAIRMAN BOARD OF ZONING ADJUSTMENT AND APPEALS ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF 0. REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: ~ ASSISTANT CITY ATTORNEY NCSE -000 0/ /

~---- \!!!!/ City of Cape Coral Department of Community Development September, 0 ~ Ill RE: RES NCSE-0 CASE # NCSE-000 Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 00 feet of a request for a Non-Conforming Structure Exception (NCSE) submitted by Shannon Yates. The applicant is requesting a NCSE to allow the expansion of an existing legal non-conforming building. The property is located at Cape Coral Pkwy East. The Board of Zoning Adjustment and Appeals will hear Resolution NCSE-0 at a Public Hearing on Wednesday, September, 0 at :00 a.m. in the Nicholas Annex, Nicholas Parkway, Conference Room A00, Cape Coral, 0. Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P. 0. Box 00, Cape Coral, -00. The hearings may be continued from time to time as necessary. If a person decides to appeal any decision made by the Board of Zoning of Adjustment and Appeals with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she 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 to be based. In accordance with the Americans With Disabilities Act, 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, Cultural Park Boulevard, Cape Coral, Florida; telephone ---00 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, -00-- (TDD) or -00--0 (v) for assistance. Department of Community Development Post Office Box 00 Cape Coral, Florida -00 Cultural Park Blvd, Cape Coral. Florida 0 Email comdev@capecoral.net

~----------------------C ity_o_f_c_a_p_e_c_o_r_al Department of Community Development The resolution and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (Click on 'Public hearing information', use the case number referenced above to access the information); or, at the Planning Division counter at City Hall, between the hours of :0 AM and :0 PM. For further information, please contact Chad Boyko at -- or at cboyko@capecoral.net. Sincerely, ~~~,MS,MPA Planning Manager Department of Community Development Post Office Box 00 Cape Coral, Florida -00 Cultural Park Blvd. Cape Coral. Florida 0 Email: comdev@capecoral.net

0 0 0 0 SE TH ST TR B 0 SE TH PL SE TH TER 0 0 TR C 0 0 0 Subject Parcel SE TH PL 0 TR D SE TH PL 0 0 0 0 0 CITY OF Department of Community Development Planning Division ZONING MAP 00 Proximity Boundary Case No. NCSE-000 Lot: - Legend Zoning 00 ft Boundary SubjectParcel Canals/Lakes R SC PKWY E PKWY E 0 LAFAYETTE ST 0 0 0 0 CANDIA ST TR LEONARD ST 0 MILTON ST 00' Proximity Boundary 0A 0 0A 0 µ August, 0 0 0 0 0 0 Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. MIRAMAR ST SRB

00 FT BOUNDARY PROPERTY OWNERS -NCSE-000- Shannon Yates Owner Strap Block/Lot 0C0000 0 Owner Information TERRACE LLC N FEDERAL H Zoning U 0 SE TH TER SC DM FORT LAUDERDALE 0 C000G000 00G PARKWAY LLC PO BOX 00 PKWY E SC DM C00 ALPC HOLDINGS LLC BRYNWOOD PKWY E SC DM FORT MYERS 0C0000 0 AUBUCHON HOLDINGS LLC 0 SE TH PL 0 SE TH PL SC DM 0C00000 0 BAMBOO PROPERTY MANAGEMENT LLC SW TH ST SE TH TER SC DM 0C00000 0 BAMBOO PROPERTY MANAGEMENT LLC SW TH ST SE TH TER SC DM C00A 00A BANK OF AMERICA NA N TRYON ST NC-00-0-0 CHARLOTTE NC PKWY E SC DM C000G000 00G BANK OF AMERICA NA N TRYON ST NC-00-0-0 CHARLOTTE NC PKWY E SC DM C000G00 00G BARNETTE ANDREW A TR DEL PRADO B 0 PKWY E SC DM C00 BFS RETAIL + COMMERCIAL MARRIOT DR 0 PKWY E SC DM NASHVILLE TN C00B00 00B BRNK LLC SANTA MONI STE 0 LOS ANGELES CA 00 0 LEONARD ST SC DM Wednesday, August, 0 Page of

Owner Strap Owner Information Zoning U Block/Lot C00B00 00B BRNK LLC SANTA MONI STE 0 LOS ANGELES CA 00 0 LEONARD ST SC DM 0C00000 0 0 POWER SQUADRON INC SE TH TER SE TH TER SC DM 0C000000 CITY OF PARKING LOT PO BOX 00 C000000 CITY OF PARKING LOT PO BOX 00 C00B0 00B CITY OF PO BOX 00 CANDIA ST SC DM 0C0D000 TR D CITY OF PO BOX 00 0 SE TH TER SC DM 0C0A00C A TR C CITY OF PO BOX 00 0 SE TH TER SC DM 0C000A 0 CITY OF PO BOX 00 SE TH TER SC DM 0C0000 0 COMMERCIAL QUEST LLC SW ST AVE SE TH PL SC DM 0C0000 0 CRANFORD SHELLY M 0 BLACKBURN SE TH TER SC DM C00 SW TH TER PKWY E SC DM C00 SW TH TER PKWY E # SC DM Wednesday, August, 0 Page of

Owner Strap Block/Lot C00 Owner Information SW TH TER Zoning U PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C00 SW TH TER PKWY E # SC DM C000000 00A DOWNTOWN VILLAGE SQUARE LLC P PKWY E SC DM 0C00000 0 GRAY ANDREW SW TH AVE SE TH TER SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL C SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL E SC DM Wednesday, August, 0 Page of

Owner Strap Block/Lot 0C000 0 Owner Information HOGREFE CLARENCE F TR SE 0TH PL A Zoning U 0 SE TH PL A SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL B SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL D SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL F SC DM 0C000 0 HOGREFE CLARENCE F TR SE 0TH PL A 0 SE TH PL SC DM C00 KRONENBERGER DALE L TR L/E + ESTERO BLV PKWY E SC DM FORT MYERS BEACH C000 NATIONAL FITNESS CLUBS OF 0 DAYTON AVE PKWY E SC DM FORT MYERS 0 C000A00 000A 0 REGNIER DALE M TR + STONERIDGE CANDIA ST SC DM C000A 000A REGNIER DALE M TR + STONERIDGE CANDIA ST SC DM FORT MYERS 0 C000A0 000A REGNIER DALE M TR + STONERIDGE 0 CANDIA ST SC DM FORT MYERS 0 C000A0 000A REGNIER DALE M TR + STONERIDGE PKWY W SC DM FORT MYERS 0 C000 RNELLS BRIDAL + PARTY CENTER SE RD TER PKWY E B SC DM Wednesday, August, 0 Page of

Owner Strap Block/Lot C000 Owner Information RNELLS BRIDAL + PARTY CENTER SE RD TER Zoning U PKWY E SC DM C000 RNELLS BRIDAL + PARTY CENTER SE RD TER PKWY E A SC DM C000 RNELLS BRIDAL + PARTY CENTER SE RD TER PKWY SC DM C000 RNELLS BRIDAL + PARTY CENTER SE RD TER PKWY E SC DM 0C00000 0 0 SAMBRATO JOAN E TR PO BOX SE TH TER SC DM CA00 A SOUTHERN MANAGEMENT CORP S TH ST PKWY E L/S SC DM BELLE GLADE 0 CA00 A SOUTHERN MANAGEMENT CORP S TH ST PKWY E SC DM BELLE GLADE 0 CA0 A SWADNER MURIELENE J TR PO BOX PKWY E SC DM CA0 A SWADNER MURIELENE J TR PO BOX SE TH PL SC DM CA0 A SWADNER MURIELENE J TR PO BOX - PKWY E SC DM CA0 A SWADNER MURIELENE J TR PO BOX PKWY E SC DM CA0 A SWADNER MURIELENE J TR PO BOX SE TH PL SC DM Wednesday, August, 0 Page of

Owner Strap Block/Lot CA0 A Owner Information SWADNER MURIELENE J TR PO BOX Zoning U PKWY E SC DM CA0 A SWADNER MURIELENE J TR PO BOX PKWY E SC DM 0C0000 0 VINEYARD OF THE ISLANDS SE TH TER SE TH TER SC DM C0000000 00D 0 WFC LLC 0 SAN VICENT 0- PKWY SC DM LOS ANGELES CA 00 C0000000 00D 0 WFC LLC 0 SAN VICENT 0 PKWY E SC DM LOS ANGELES CA 00 C0000000 00D 0 WFC LLC 0 SAN VICENT PKWY E SC DM LOS ANGELES CA 00 0C0A0 A WOODHILL INVESTMENTS LP PO BOX 0 PKWY E SC DM DEERFIELD IL 00 0C0A0 A WOODHILL INVESTMENTS LP PO BOX 0 PKWY E SC DM DEERFIELD IL 00 C000G000 00G YOUNGS RICHARD H TR 0 SE TH AVE PKWY E SC DM Wednesday, August, 0 Page of