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Minutes 02-13-84MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 13, 1984 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Joseph Moore Paul Slavin Harold Weinberg (entered meeting at 7:05 P. M.) Leo Grossbard, Alternate (entered meeting at 7:05 P. Mo) Bert Keehr, Deputy Building Official ABSENT Lillian Artis, Alternate (Excused) Chairman Thompson called the meeting to order at 7:05 P. Mo He introduced the Deputy Building Official, Board Members, and Recording Secretary. Chairman Thompson recognized the presence in the audience of Vice Mayor Carl Zimmerman, Councilman Nick Cassandra, and Councilman Joe deLong. MINUTES OF JANUARY 9, 1984 Mr. Ampol moved to accept the minutes as receivedt seconded by Mr. Gordon. Motion carried 6-0. ANNOUNCEMENTS Both Mr. Weinberg and Mr. Grossbard joined the meeting at 7:05 P. M. Chairman Thompson announced that they now had a full Board of seven Members. Due to complications causing Mr. Weinberg to limit his speaking, Mr. Weinberg requested that Mr. Grossbard take his place on the Board for this meeting but agreed to sit in and perhaps offer some sugges- tions. PUBLIC HEARING Chairman Thompson read the six criteria on which the Board Members base their decision. He stated that in their voting, it will take five Members to approve a request, and any three will deny a request. Case ~51 - Lot 6, less the West 94.00 feet for right-of-way of State Road No. 5, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.5 feet of the North 70.00 feet of the West 245.39 feet of Lot 5, less the West 94.00 feet for right- of-way of State Road No. 5 of S~4 BROWN JR.'S HYPOLUXO SUBDIVISION as recorded in Plat Book 1, Page 81, Palm Beach County Records - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Request - Relief from 30 ft. side yard setback requirement to be reduced to 12 inches for a CBS storeroom, 18 feet for a steel freezer and 17.3 feet for the fixed awning Address - 2280 North Federal Highway Applicant - Mr. Peter Gondolfo The LaNotte Restaurant Secretary Gordon read the application. He also read the letter dated January 9, 1984, addressed to the Board, from David D. Centola, Attorney at Law, 125 Hypoluxo Road, Lantana, Florida 33462. Chairman Thompson requested that anyone representing the applicant come forward. Attorney Centola appeared on behalf of The LaNotte Restaurant° He referred to the survey of the property and said the Members could tell the property exists between the Intracoastal and North Federal Highway. Anyone who has visited the property knows that there is a parking lot from North Federal Highway approximately back to the building, which is close to the finger canal on the right, from north of the property line. The restaurant then has an outdoor lounge which goes back to the water line on the east coast. Attorney Centola said the first variance (the variance for the freezer) is on the north side of the restaurant and is adjacent to the location of the restaurant. Attorney Centola stated he was informed this was the only place in which the freezer could be located. The freezer is too large to have been enclosed within the restaurant proper. It would have diminished the size of the kitchen and would not be fully utilized. Attorney Centola referred to the location of the freezer and the refrigerator, saying that is approximately 18 feet from the property line. The freezer is approximately adjacent to the finger canal, which means that although it is 18 feet from the property line, a lot of the property involved between this and Fisherman's Landing (which is the next land there) is water. The freezer is enclosed so that it is protected from the elements and also to keep any odors or anything from the kitchen from getting into the surrounding neighborhood. Therefore, it is to an advantage to the property owners. Around the property line, Attorney Centola said there is a six foot wall. The storeroom, listed on the application as - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 being only 12 inches from the border line, is not a separate structure. What was done was a roof was placed from the wall back towards the restaurant. This roof is below the height of the wall and cannot be seen from surrounding areas. The fixture is a storeroom and is also used to store the garbage in. Attorney Centola stated once again this is a benefit to the surrounding area because it also prevents any odors from getting into the neighborhood. Attorney Centola said the last structure is an awning, which covers the outside lounge area. The posts of the awning are 17-1/2 feet away from the property line. It is an open structure but Attorney Centola understands the post marks are what mark it from the property line. This supports the awning which, as stated in the application, is a covering for the bar and lounge area. Attorney Centola could not see how this could create a nuisance to the neighborhood. Therefore, Attorney Centola felt the three structures were benefits to the neighborhood, not detrimental, and do not cause a nuisance. He believed the variances should be granted. Mr. Keehr, Deputy Building Official, thought the Board Members should loOk at the survey which Mrs. Ramseyer had in the applicant's file. Mr. Grossbard asked if they were given a c/o for the awning that is up there now on the lounge. Mr. Keehr answered, "The main awning, yes. The six foot extension was not given a c/o." Mr. Grossbard asked about the CBS storeroom. Mr. Keehr replied that the CBS storeroom was derived by looking over an approved six foot wall~ It is no higher than what the wall is, as Attorney Centola stated. Mr. Slavin thought it was below the level of the wall. A woman in the audience shouted that is above the level of the wall. Chairman Thompson determined it was below the level of the wall but asked if it was in violation. Mr. Keehr answered, "Yes." He explained that when they roofed over that area, they made a structure out of it. Mr. Keehr told Mr. Slavin that just the roof was constructed without a permit° Other- wise it met all other specifications. Mr. Ampol told of inspecting the property on the 29th of January. He asked an immediate neighbor if she had any objec- tion to the restaurant, and she answered, "Absolutely not. We would not want a better neighbor than those people." Mr. Ampol said the sanitation is better than what the City uses and is completely enclosed. Also, the neighbor said not one bit of odor like garlic comes from the restaurant. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Chairman Thompson referred to the patio area and bar where they have a canopy over it. He asked if that was also in violation. Mr. Keehr replied that portion of the awning that extends over the deck on the north side is that portion that is in violation because it has columns. Chairman Thompson asked if that was a part of the completed building. Mr. Keehr answered, "No. It was done right after." Chairman Thompson questioned whether the Building Department was aware of this at the time. Mr. Keehr said the main awning was properly permitted and approved. Only that small six foot section of extension is in violation. Mr. Slavin was under the impression that the awning was going to be extended to the end of the walk. He asked if that was more than six feet of the deck. Mr. Keehr explained that it has been extended to cover that portion of the deck that was uncovered before. The Building Department issued a permit for them to extend their deck out, which was properly per- mitted. At a later date, the applicant put the canvas on it, unaware of the fact that would result in a violation. If he could have attached the awning back to the main structure without dropping down extensions, Mr. Keehr said there would not be a violation. He advised Mr. Slavin that the Building Department could not issue a permit if the applicant's plan showed those extensions coming down to the wood deck and encroaching a setback. As Mr. Keehr pointed out, Attorney Centola told the Members, the Building Department did give the applicant a permit to extend the deck out further from where the main canopy ended. What was done was a small six foot extension of the main canopy, and the variance they are looking for is for this small addition to correspond to the granting of the decking. Chairman Thompson assured Mr. Ampol that notices had been sent to people within 400 feet of the area. Chairman Thompson asked if anyone else wished to speak in favor of the granting of the variance. There was no response. Chairman Thompson asked if anyone would like to speak against the granting of the variance. Julia A. Szymkowski, 655 Las Palmas, did not live adjacent to the restaurant but directly across the street from it. Mrs. Szymkowski was very surprised to get the letter and did not think it was the City's because the property had already been built. She disagreed very much with the statement that there are no odors from the restaurant. Tonight, as she came out, Mrs. Szymkowski said the cooking odors of garlic and grease were very prevalent, and it is a continual thing° - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Mrs. Szymkowski also disagreed with the statement that whatever has been done has been to cut down on the noise for the neighbors. She further wished that the Board Member who had discussed this with neighbors had also gotten other opinions from some other people that are involved because at an informal survey of the neighborhood, most of those that live at the far end of the street do not find The LaNotte a very good neighbor. Mr. Gordon asked how far Mrs. Szymkowski is from the restaurant. Mrs. Szymkowski said there is the road, her next door neighbor, and then the restaurant. Mr. Grossbard questioned whether any water separates the restaurant from Las Palmas. In this area, Mrs. Szymkowski said there is a very small finger canal but it does not separate it, it just extends maybe forty feet down. When the band plays, Mrs. Szymkowski told Mr. Ampol it sounds like they are in her front lawn. Chairman Thompson advised Mr. Ampol all of Las Palmas is within 400 feet. David Teitsma, 656 Las Palmas, told the Members his is the closest house to the restaurant. He is adjacent, on the other side of the walk, and gets all of the noise and all of the odors. Mr. Teitsma guessed he is the one most affected by it. ' Mr. Teitsma expressed that the freezer is an eye sore. They discussed this with the owner, the noise, and the awnings that would cut off the noise from the patio (but have not). Mr. Teitsma was not objecting to the awning outside but wanted a better enclosure so he would not hear the noise from the band. Mr. Teitsma told the Members the CBS store room is higher than the wall. On his side of the wall, it is six feet but the applicant raised the level of the land on the other side. Mr. Teitsma went over and measured it, and on the applicant's side of the lot, it is only 4-1/2 feet. People can look right over into Mr. Teitsma's back yard at his swimming pool. Mr. Teitsma hears all kinds of noise from the people there and objected. At night, Mr. Teitsma told Mr. Gordon he hears people that have had too much to drink who get loud, car doors slamming, tires screeching, and horns blowing. He guessed he objected most'to the noise from the patio. If they would enclose the patio better, maybe he would not hear the noise. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTONBEACH, FLORIDA FEBRUARY 13, 1984 A woman in the audience mentioned the fumes, and Mr. Teitsma said he gets odors also during the day and sometimes in the evening. The applicant was to install the filter system, but Mr. Teitsma commented that they are still getting food odors, Mr. Slavin questioned whether they get any garbage odors. Mr. Teitsma answered that the dumpster is right on the other side of the wall. He assumed it was food odors and that he was not getting any from the dumpster. When they throw empty beer bottles and empty whiskey bottles into the dumpster, Mr. Teitsma exclaimed that he gets a lot of noise. Clark Jokl, 649 Las Palmas Park, asked why this variance was a question now as opposed to being a question prior to the building of the structure. Chairman Thompson answered that the Board answers only after the Building Department finds there has been a violation. One of the primary objections Mr. Jokl had to the structure was that it houses a large dumpster. Although the dumpster itself may not be a permanent structure, Mr. Jokl said it had been in that same spot for as long as he has been there. In his opinion, the dumpster detracts from the overall appearance of the neighborhood. Not only that~ but at 3:00 or 4:00 A. M., the maintenance crew comes out and makes an awful big racket when the trash cans bang against the dumpster. Mr. Jokl does not hear the disco but he does hear the 3:00 to 4:00 A. M. noise coming from the dumpster. Mr. Jokl also thought if the height of the wall was increaed or some type of acoustical barrier was put there or the dumpster was moved to the other side of the building, the neighborhood would not be as offended by its presence. The dumpster also poses a rather visual nuisance to the neighbor- hood. Most of the neighbors Mr. Jokl talked to did not have anything positive to say about that structure. He told Mr. Ampol he is within 400 feet of the restaurant. There is an arm of the Intracoastal adjoining that wall. Mr. Slavin wondered which house was Mr. Jokl's in relation to the Intracoastal. Mr. Jokl informed the Members that he lives on the other side of no body of water, next to that storeroom or dumpster. He said he lives immediately next door to Mrs. Szymkowski. Mr. Gordon advised that the only movable part on the door of the dumpster is about a 2 foot square door opening, and he - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 asked what kind of noise Mr. Jokl hears. Mr. Jokl replied that he hears portable little trash cans banging against the dumpster itself. Mrs. R. H. Wykoff, 31121 Puritan, Livonia, MI 48154 (Lot 14) has a lot directly behind the restaurant. She opposed the dumpster and refrigeration very much. It is an eye sore to the neighborhood and to her lot. Mrs. Wykoff would like to sell the lot but does not know who would buy it now. Chairman Thompson asked if anyone else wished to speak against the granting of the variance. There was no response. Mr. Keehr thought the Members were drifting away from their purpose. He advised that the dumpster location was approved by the City Council. It was determined that was the best spot for it. It is in a recessed position, so the location of the dumpster is not an issue. Secretary Gordon advised there was only one communication, dated January 30, 1984. As a resident within 400 feet, James R. Warnke, 617 Lakeside Harbour, Boynton Beach, had no objection whatsoever. Chairman Thompson advised Attorney Centola he would recognize him if he had something different to say that he felt the Board needed to know. By the same token, he would also recognize someone on the opposite side if they had something different to say, but he would not recognize the whole group. Attorney Centola just wanted to point out to the Board that there were five people here and outside of the freezer~ which is the most essential part of a restaurant, no one objected to any of the variances. They all had objections to other things (car noise and odors). Attorney Centola further pointed out that across Federal Highway, there is an Italian Restaurant and a barbeque place which could possibly contribute to odors. Everything else they objected to was not properly before this Board. Chairman Thompson referred to 94 on the application, which said the applicant is requesting the side setback be reduced to approximately 12 inches for the CBS storeroom, 18 feet for the steel freezer, and 17.3 feet for the fixed awning. He guessed the Board had separated the fixed awning from the dumpster and said those are the three things the Members should concern themselves with. In other words, Chairman Thompson said all three things are in violation because according to Code, they should be at least 30 feet back and neither one is. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Mr. Ampol thought the awning beautified the place, dressed it up, and made a wonderful appearance. Mr. Slavin visited the property and double-checked the storeroom. What impressed him most of all was something Mr. Gondolfo said. Mr. Gondolfo wanted to put up the awning so the neighbors could not see anything going on there. It would be as a sort of buffer and probably reduce the noise level. The ice box and freezer are there, adjacent to the kitchen, (which is the heart of the restaurant), and there is nowhere else to put them. Mr. Slavin conjectured that perhaps Mr. Gondolfo, in his zeal to put up the building, overlooked the fact that per- mits are necessary. Something that Mr. Slavin saw that surprised him was a hose alongside of the dumpster which was marked that it was a chemical to diffuse the odor. As was already pointed out, Mr. Slavin thought they could eliminate the dumpster. He thought the setbacks were a problem. Mr. Slavin called attention to the fact that the property has water around it, and there is no land to purchase. He had the impression that Mr. Gondolfo was very anxious to do what is proper and perhaps even go a step further. Chairman Thompson acknowledged that Mr. Slavin's point was well taken but felt it was inconceivable to sit there and have so many violations which were not a part of the original plan but which were necessary. He emphasized that the freezers and dumpster (which the Board Members had eliminated) were necessary and should have been a part of the original structure. Chairman Thompson stated they were in violation of 29 feet and were asking that they be granted 29 feet. He admitted a restaurant cannot exist without a freezer. Mr. Slavin felt that perhaps the architect was not aware that the freezer had to be accommodated within the Code. He was saying it was a hypothetical case. He agreed the amount of footage being asked for a variance was large. Chairman Thompson read the applicant's answer 95c from the application, "The granting of the variances will not confer on the applicant any special privileges that are denied others in the same zoning classification." He felt it would confer on the applicant special privileges. Mr. Slavin dis- agreed because the applicant is all alone where he is. Chairman ThomPson agreed he was all alone there but pointed out that he is not alone in the City. Mr. Slavin reminded Chairman Thompson that every case is handled individually. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 If something comes up in the lower part of the city, it would have no effect on this because a future applicant can not use this as a case in point. By the same token, Chairman Thompson did not feel they could justify that it was not a self-imposed hardship. Mr. Moore asked where the original freezer was. Mr. Slavin asked if there was any area where a freezer and kitchen equipment were supposed to go on all of the plans submitted to the Building Department. Mr. Keehr answered that there was a breakdown, but it did not include this type of freezer situation. He would say it was an oversight by the initial architect because it appeared a restaurant of this size requires large freezing facilities. Mr. Ampol spoke to Mr. Gondolfo, and Mr. Gondolfo said if any of the neighbors came to him and had objections, he would do everything in his power to correct it. Mr. Ampol did not know whether these people went to him or not. Mr. Weinberg advised that the steel freezers are enclosed with a roof between the freezer and the kitchen itself. No odors can escape from the kitchen to the area. The stainless steel freezers are not an eyesore from the opposite side. They cannot be seen except in back, and the back of the freezers face the water. As far as the storeroom is concerned, Mr. Weinberg said it is below the wall but if you look out into the distance, you can see the roof of the storeroom. Mr. Weinberg stated that you cannot actually see the storeroom because it is below the deck. He could not see what kind of a hardship the installation of the freezers or storeroom imposes on the neighborhood. Chairman Thompson told the Members it is not a questiOn of the neighbors within 400 feet. To him, it is a question of a violation of the City Ordinance. By the neighbors being present, it does not and should not constitute being voted in favor or against, one way or the other. Chairman Thompson reiterated that it is in violation, (29 feet), and they could not get around that. Mr. Slavin reminded the Chairman that every action the Board takes is because of a violation. From what he heard, Mr. Slavin was not the only one who looked at the property. He asked how they would overcome the violation. If they try to overcome it, it presents another hardship. Mr. Slavin could not say it was a self-imposed hardship because, - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 as Mr. Keehr said, this was.done after the fact. Mr. Slavin wondered what they could do because there were three things in question. Mr. Mearns questioned whether they could vote on the three things separately. Chairman Thompson answered, "No sir." He advised they would vote on them collectively and asked if there were any more questions. Mr. Slavin moved to grant the variance for all of the requests for the reasons that he stated previously, namely: Ail of this may have been done after the architect submitted his original drawings. There is nowhere else that the freezers and storeroom can be put. Mr. Slavin told the Members not to forget that the freezers are up against the water line. AS far as the extension of the awning is concerned, Mr. Slavin thought Mr. Gondolfo would follow all require- ments. Mr. kmpoi seconded the motion. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion: Mr. Mearns Mr. Grossbard Mr. Ampol Chairman Thompson Secre~tary Gordon Mr. Slavin Mr. Moore Nay Aye Aye No No Aye No The vote was 4-3 against the motion. variances were DENIED. The requests for Case ~52 - Recreation Area designated in REPLAT OF GOLFVIEW HARBOUR ESTATES as recorded in Plat Book 46, Pages 142, 143 & 144, Palm Beach County Records Request - Relief from zoning regulations, Section ll-H, requiring 22 off-street parking spaces for the recreational area to be reduced to 8 parking spaces Address - 1477 S. W· 25th Place - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Applicant - Norman J. Michael, President Milnor Corporation Secretary Gordon read the application. He then read the Facts contained in the Staff Site Analysis dated February 2, 1984 from the City of Boynton Beach Staff to the Board of Adjustment Members. Secretary Gordon also read the letter, dated November 3, 1983, from Norman J. Michael, President, Milnor Corporation, 1400 S. W. 27th Avenue, P. O. Box 1480, Boynton Beach, Florida 33435, which was in response to the six questions asked in paragraph 5 of the application. Mr. Michael came forward. Mr. Keehr requested Mrs. Ramseyer to give the Members the-layout of the new de'sign from the applicant's file and asked the Members to recall that at the first meeting, the applicant had no parking. Mr~ Slavin referred to the Staff'S Analysis and read para- graphs 1 and 2, which stated: "2 o The existing ordinance relative to parking requirements went into effect March, 1982." The replat of the Townhouses of Golfview Harbour Estates was recorded in September, 1983." Mr. Slavin noted that was almost 18 months after the Ordinance went into effect. He then read "b)" from the applicant's letter, which said .in September, 1983, they submitted, a request for replatting certain areas in Golfview Harbour Estates and were not notified at that time of any parking requirements ~r the recreational area as submitted herein. Mr. Slavin asked if the plans were drawn up by an architect. Mr. Michael answered, "Yes." Mr. Slavin inquired if it would be the architect's job to know whether parking spaces are required. Mr. Michael thought it was incumbent upon Planning and Zoning, after a review of the plan, to notify that parking would be required for the recreational area. Those plans were submitted to the Planning and Zoning Board. Mr. Michael emphasized that the Planning and Zoning Board did not tell them at all that parking was a requirement. He told the Members the plan they were looking at was originally approved and adopted in January of 1981. All they did was modify a certain portion of that for replatti-ng in September of 1983o The majority of that was approved in January, 1981, prior to the new Ordinance. Once the applicant modified it, Mr. Slavin asked if it did not alter the entire plan. He added that you cannot approve - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984' "a" and not "b" or the other way around. Mr. Michael informed the Members that only a small portion was replatted. Mr. Grossbard recalled when this was previously before the Board, they asked about the other clubhouse. He saw the other clubhouse and it was not a clubhouse. It was just a pool area and a place for people to get dressed and undressed. Mr. Michael agreed that was more or less right. In the new area, Mr. Grossbard asked if he expects to put up a clubhouse. Mr. Michael replied, "Not really. It's the same building." Mr. Grossbard recalled he claimed to have some kind of meeting room there. Mr. Michael said they are just going to enclose a portion of it so they can have a meeting if they want to. ~. Mr. Keehr informed Mr. Ampo! that the applicant laid out the plan to meet the City's parking design requirements. Mr. Mearns recalled the last time, it was Mr. Michael's contention that the majority of the people in that area would prefer not to have a parking area for security purposes. Since that time, Mr. Mearns wondered if Mr. Michaels had any data from the people that live in that area to support that position. Had Mr. Michaels known the information was to be given he would have gotten a letter from the President and Board of Directors of the townhouses of Golfview Harbour and they would tell the Board Members about what is happening on 27th. He thought the Police records would show that they have had numerous calls in the evening where people are gathering around that pool. They are not invited but they come and scale the fence, and children gather there. Mr. Michael expressed that he was glad that the ingress and egress into this is on a private road. Mr. Mearns thought that was emphasized the last time Mr. Michael was here. Mr. Michael reiterated that it is not public; it is private. Something disturbed Chairman Thompson every time he heard it. They say how homeowners feel about it. Chairman Thompson called attention to the fact that this has not been developed so they would know who the homeowners are. The second 'thing they should keep in mind is that homeowners change, and they change frequently, especially in that neighborhood. Chairman Thompson referred to the original approval and the number of units. Now they were asked that the pool area have 22 spaces based on the number of owners that would be using that pool. Chairman Thompson guessed he would be - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 putting a negative on it, especially when he could see how it is placed in there where it did not have to be crowded out and they could have 40 spaces if they want to. He understood from Mr. Michael's point of view, Mr. Michael would lose money the more spaces he would put in because he would have to cut back on the number of units. Mr. Slavin referred to Mr. Michael's statement that the Planning and Zoning Board approved the original plat and asked if the replatting and the eight parking spaces had to be approved by the Planning and Zoning Board before any- thing could be done. Mr. Keehr replied, "Yes. That particu- lar site plan will go before the Planning and Zoning Board. In all fairness, Mr. Keehr told the Members Mr. Michael was not-aware of the parking requirements of the new Ordinance because of when it was originally platted. The replat put Mr. Michael under the present Parking Ordinance, and the replat constituted minor changes of an already approved site plan. Mr. Ampol questioned whether the Board of Adjustment could approve a variance before the Planning and Zoning Board approves the site plan. Mr. Keehr advised that is the proper procedure. Mr. Gordon showed on the Plan where the unit owners live and which pool they have to use. He inquired if that was only 400 feet. Mr. Michael answered that it is about 800 feet. 400 yards was a mistake. Mr. Michael said they scaled it precisely. It is not unusual. They have an almost similar situation across the way. Mr. Michael referred to the townhouses~-where he thought one of the furtherest units is about 550 feet. After 3 or_4 years, Mr. Michael said the Association of the Townhouses of Golfview Harbour experienced that nobody is using the pool except the guests that come down in the winter time. Now they are complaining about the expense of the upkeep of the pool. Mr. Slavin asked if he heard correctly when Mr. Keehr said a variance is to be approved first by this Board before it goes to the Planning and Zoning Board. Mr. Keehr told Mr. Slavin he heard correct because the Planning and Zoning Board cannot look at it if it is in violation-of a number of parking places. The Planning and Zoning Board hears varian- ces on design and could look at it if it was in violation for a design. The Board of Adjustment has to hear variances on numbers. If this Board would grant the variance, Mr. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 Keehr advised that the Planning and Zoning Board, naturally, would accept it. Mr. Slavin determined that a mistake had been made or some- thing wrong had been done and they were looking to correct it. Mr. Keehr informed him that in this case, nothing wrong has been done except on paper. In other words, Mr. Slavin said the Planning and Zoning Board could not have approved it without any parking spaces. Mr. Keehr said, "No." Mr. Slavin said the Planning and Zoning Board disapproved it; it came before this Board; this Board disapproved it; now there is a correction and the correction is to put in. eight rather than none. Now they are talking of numbers. Chairman Thompson asked if anyone would like to speak in favor of granting the variance. There was no response. He asked if anyone would like to speak against the granting of. the variance. There was no response. ~ecretary Gordon advised that there were no communications. Mr. kmpol commented that Mr. Michael has been here a couple of times and if they deny the variance now, he Will have to come back again. He said if Chairman Thompson was ready for a motion, he would make a motion. Chairman Thompson requested comments from the Board. Chairman Thompson asked if there is a City Ordinance that the size of a pool requires so many parking spaces. Mr. Keehr answered, "Yes. It requires 'X' number of spaces for a square foot/6f water surface." He advised it is one park- ing space for 30 square feet of water area. Mr. Michael said the dimensions of the pool are 20x40, which is 800 square feet. Divided by 30, Mr. Keehr came up with a total of 27. However, he read there shall not be more than so many per square foot. When you are taking into account both condominium housing development's recreational buildings, Mr. Keehr said you must only provide half of the parking spaces that this Ordinance requires. An entire pool and clubhouse is only 22 cars. In 2, 3, or 4 years from now, Mr. Gordon was of the opinion that some of the unit owners will think it is a lengthy walk. --~ Mr. Ampol moved to grant the request. the motion to get it off the floor. Mr. Grossbard seconded - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 A roll call vote on the motion was taken by Mrs. Ramseyer: Mr. Grossbard Mr. Ampol Chairman Thompson Secretary Gordon Mr. Slavin Mr. Moore Mr. Mearns Nay Aye Nay No No No No The vote was 6-1 against the variance. the request for variance was DENIED. The motion to grant Case 953 - Lot 22, Block 18, FIRST ADDITION TO ROLLING- GREEN, as recorded in Plat Book 24, Page 86, Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to be reduced to 6,582 sq. ft. lot area to construct a single family residence Address - 360 N. E. 14th Avenue Applicant - Thomas A. Rihn Secretary Gordon read the application. Thomas A. Rihn, 400 N. E. 15th Court, thought the application explained everything. Mr. Grossbard asked Mr. Rihn if he expected to build a home on the proper~y. Mr. Rihn replied that he does, and Mr. William DiBe!!o is the person he owns the property with. Mr. Ampo! asked, "Mr. Rihn, you are going to live in there yourself. Right?" Mr. Rihn replied, "No." Chairman Thompson asked Mr. Keehr if this lot would go back to the grandfather law and if they did not have something like this before. Mr. Keehr answered, "Yes." Mr. Slavin asked Mr. Rihn if he was aware of the Zoning Code when he purchased the property in 1983. Mr. Rihn replied, "Yes." Mr. Slavin questioned whether Mr. Rihn filed for a permit to build. Mr. Rihn answered, "No." tn other words, Mr. Slavin said Mr. Rihn wanted the ~ariance before he would go to the architect. Mr. Rihn said, "Yes." Chairman Thompson commented that Mr. Rihn has in mind that the variance on the property not be on the property. In - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 13, 1984 other words, Chairman Thompson clarified that the property will receive a variance, not the owner. He pointed out that the land is landlocked in there. When it was platted, it was platted at 50 feet, which means there is no additional land to purchase. Mr. Ampol was informed that Mr. Rihn is closed in at the present time and it is just the one lot. Mr. Grossbard explained that there is a home on each side. chairman Thompson asked if.anyone else wished to speak in favor of granting the variance. There'was no response-' ge asked if anyone would like to speak against granting the variance and there was no response. chairman Thompson stated it was another one of'those cases where the City of Boynton has placed a hardship on the property itself. Mr. Grossbardmoved to grant.the variance, seconded by Mr. Moore. Mrs. Ramseyer took a roll call vote on the motiOn, as follows: Mr. Ampol Chairman Thompson Secretary Gordon Mr. Slavin Mr. Moore Mr. Mearns Mr. Grossbard Motion carried~ 7-0. The request was GRANTED. Aye Aye Aye Aye Aye Aye Aye ADJOURNMENT There being no further business to come before the Board, Mr. Ampol moved, seconded by Mr. Gordon to adjourn. The meeting properly adjourned at 8:30 P. M. Patr~cla Ramseye~- ~'~------~ Recording Secretary (Two Tapes) - 16 -