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Minutes 01-16-78MINUTES OF THE BOARD OF ~.D~U~T~.~ENT M~ETING HELD AT CiTY H~LL, BOYNTON ~ FLORIDA MONDAY J~NUARY 16, ~n, , , 1978 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Da¥id W. Heaty, Vice Chairman Carl Zimmerman, Secretary Ben Adelman Lillian Bond Joe Maiorana Foy Ward Bill CWynar, Alternate Cha~Ies Rodriguez, Alternate Bert Keehr, Asst. Bldg. Official ~Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the Assistant Building Official, members of the Board and Recording Secretary. MINUTES OF JANUARY 9~ 1978 M~. Maiorana advised that his phone number is 737-1089 and Mrs. Padgett has made the correction. Mrs. Bond moved to approve the minutes, seconded by Mr. Ward. Motion carried 7-0. C ~R~ES PONDE.NCm Chairman Thompson distributed identification tags to the members and advised that the City Council requested these to be worn when visiting sites. Mr. Ward commended Chairman Thompson on the agenda distri- buted and stated he thought it would be quite helpful. Chairman Thompson replied that he hoped it would eliminate some time. OLD BUS I~SS Chairman Thompson stated he did not think anything had been tabled from the ~977 meetings and M~. Healy agreed there was not and added that under the rules, he doesn't think we will have any tabling but will have continuances. UNFINiSH~D BUS I~'ESS Mr. Adelman asked about the forms for the Building Department and ~. Zimmerman showed that they were presented for the applications tonight. Chairman Thompson referred to there ~eing a space for the Secretary to sign which was not in- cluded and Mr. Keehr replied that he would take care of this. He added that he had asked Mr. Howell about the stamp for denial or approval and it is felt this could be written in. PUBLIC HEARINGS MINUTES BOARD OF ADJUSTMENT PAGE T~O JANUARY 16, 1978 Parcel #1 - South 51.15 ft. of Lot 1, Crestview Recorded in Plat Book 23, Page 154 Palm Beach County Records Request - Relief from 75 ft. lot ~rontage require- ment to 51.15 ft. lot frontage. Relief from 15,000 sq. ft. lot area re- quirement to 14,693.8 sq. ft. lot area to construct slat shade house for Nursery Sales. Address - 2311 South Federal Highway Applicant - Joseph P. Bartak ~. Zimmerman read the above application and read the re,son requested is that the property is land-locked by virtue of apartments to the north and stores to the south. The pro- posed improvement will contain 600 sq. ft. Chairm~n Thompson asked if anyone was present representing Mr. Bar tak. ~. Robert Alan Black, .Architect, 466 N. E. 5th Avenue, Delray Beach, appeared before the Board representing }~. Bartak. The members reviewed the plan. Mr. Healy questioned the size of the building and Mr. Black informed him it would be 15 x 40 ft. ~s. Bond asked if it would be completely enclosed and Mm. Black explained how the slat house would be an open structure. ~s. Bond referred to when Mr. Bartak purchased the property and asked if he didn't realize there was a shortage on the existing frontage and Mr. Black replied that he did not think he was aware it was short because it ~.as rezoned. Mr. Healy referred to it being rezoned in 1975 and Mr. Black explained how the rezoning was done by area and not lot by lot. He referred to the various commercial zones and explained how this proposed business met the zoning, but because of the boundaries and physical condition of the lot, it could not be met. He explained how the location met the C-3 c!assi- fication, but cannot be used for that. He told about this problem being along U. S. ~ from Boca Raton to Lake Worth where there are small pockets with cottages and the land has been rezoned. Mr. Rodriguez clarified that Mr. Bartak pur- chased this property in ~977 and it was rezoned in 1975, so it would be incumbent upon the owner to understand the re- straints on the property and }~. Black agreed, but stated this did not always happen. Mr. Rodriguez stated that a hardship would have been worked against the original owner and ~. Black replied that the original owner lived there, but the subsequent owner becomes the owner by right of choice by making the purchase, thus buying into the situation. How- ever, ~ matter what is done with the property unless an appeai is granted, the property can never be what it is zoned. The square footage is just under and the width is a problem. MINUTES BOARD OF ADJUSTMENT PAGE 'l'~ JAN-~ARY 16, 1 978 Mr. Black continued that parking could be provided in the length of the lot, but the dimensional factor is the hard- ship. They can meet the intention of the code, but are stUck with the dimension. That land would have to sit un- used being labelled strictly C-3. This is a rare case. Mss. Bond referred to there being a business formerly on this property and Mr. Black replied that if all the regula- tion~ were enforced upon that business, it would have to be closed. M~. Healy adde~ that it would be under the grand- father clause. M~. Black pointed out that they were propos- ing a business which will meet all the new standards, paving, landscaping, fire regulations, etc., but cannot meet the di- mension. They are being refused the right to use the property as it is zoned by a freak of dimension. ~, Healy asked if he meant this was caused by the Planning & Zoning Board and Mr. Black clarified that he was not asking to change zoning. Mr. Hea!y informed him that this Board could not change the zoning. Mr. Black c~arified that this is a unique situation and he does~not want spot zoning and is not asking for it. It is zoned C-3, but he cannot use it for C-3 because of the stipulation of the dimension. This meets all the requirements of the erdinance except that one. ~. Ward clarified that the only thing which keeps them from building is that the lot has smaller than 75 ft. frontage and all the other requirements are met and Mr. Black agreed. Mr, Ward added that if he had the 75 ft., he would have the re- quired area and Mr. Black agreed because the lot is deep. Chairman Thompson stated if this zoning change in 1975 made it ~ x but the mmmensmon~ of the property are not C-3 pro- perty, why was it not grandfathered in and M~. Keehr replied that it would have been grandfathered in, but you cannot add to the non-conformity. The present business could thrive as it is. ~. Rodriguez referred to the point being made that there are several properties along U. S. 1 with this problem and ques- tioned the number and Mr. Healy replied that the Board must consider each individual case and not be concerned how many others there are. ~. Ward referred to the Planning & Zoning Board changing the regulations for the non-conforming residential lots and questioned whyy this was not done in the business district and Chairman Thompson referred to this being discussed last year, but advised there was nothing we could do about it. Chairman Thompson asked if anyone else desired to speak in favor of this application. MI~¥~TES BOARD OF ADJUSTmeNT PAGE FOUR JANUARY 16, 1978 ~. Joseph Bartak appeared before the Board and referred to the question asked why he purchased the property and advised there was a business on it for about 25 years which met the zoning requirements. He is in the real estate business here in Boynton Beach and listed the property for sale for Mr. & Mrs. Baker. After a few months, he felt he could probably put the property to some gainful use and made an offer to purchase the property so Mr. & M~s. Baker could move north to be with their family in Mr. Baker's ill health. His wife has been in the nursery business and thought this would be an ideal location. A shade type structure is needed in this area for this type of business. They propose a building which will be aesthetic and improve the area. The existing oremises are not in as good co.~dmtmon as they should be. He wants to put it in good condition. He has gone through the zoning codes and compiled a list of things which could be used under that zoning, but could not find anything which would not require a small addition to the existing structure. He would like to do it in a manner which will be attractive and be an improvement. Mr. Zimmerman asked if any of the present buildings on the property would be used in the business or as a residence and Mr. Bartak replied that there is a residence on it and a small portion of the existing building which is 15 x 22 ft. This is not adequate for an indoor store type business and additional room is needed to keep the p!a~ and wares they will be selling. A small portion of the existing building will be used. The remainder is a residence and it is rented. M~s. Bond clarified that he would have a residence to rent and a business to run and ~. Bartak agreed and added that it has been used in this dual use for 25 years. Also, there is a swimming pool which is only used by the residence. Chairman Thompson asked if anyone else wanted to speak in favor of this variance and received no response. He asked if anyone wanted to speak against this variance and received no response. He then requested that the correspondence re- ceived be read. k~. Zimmerman read a letter from Louis and Eleanor Preiditsch approving of giving relief for this variance. It was ascer- tained that ~. & ~s. Preiditsch owned property within the 400 ft. area. Chairman Thompson then declared discussion open to the Bos~d members. Mr. Ade!man stated he thought anything to do with this property would be a great improvement. He would be in favor of granting the variance to improve that neighborhood. M~. Adelman made a motion to grant this variance, seconded by ~.~. Ward. Under discussion, Chairman Thompson stated in MINUTES BOARD OF ADJUST~NT PAGE FIVE JA~YJARY 16, 1978 looking at the property, he truly feels it would be an im- provement. The one thing he would disagree on is possibly the two uses of the property as a residence and business; however, the residence was grandfathered in and the property is zoned C-3. As requested, Mss. Kruse took a roll call vote on the motion as follows: ~. Maiorana - Yes Mrs. Bond - Yes M~. Healy - ~e Mr. Ward - Yes Mr. Adelman - Yes Mr. Zimmerman - Yes Mr. Thompson - Yes Motion carried 7-0. (The plan was then given to ?~s. Kruse to return to Mrs. Padgett.) Parcel #2 - All that part of the South half of the SE ¼ of the SE ~ of Section 28, Township 45 Bouth, Range 43 East, lying West of the Dixie Highway and East of the Florida East Coast Railway Right-of-way, in the City of Boynton Beach, Florida, described in Parcels A, B, and C. Request - To enlarge non-conforming use of land by constructing a storage building and relocating an existing storage build- ing. Address - 1415 South Federal Highway Applicant - Gulfstream Lumber Company Mr. Zimmerman read the above application and read that it was requested because of the increased flow of business consti- tutes the need for more storage and work area. Chairman Thompson asked if anyone was present representing Gulfstream Lumber Company. M~. Jim Turhors2, Executive Vice President and General Manager of Gulfstream Lumber Company, appeared before the Board. He explained that they would like to relocate their present steel fabricated facility,which is presently located on the northeast section of their property fairly clos~ to some residential homes, to the back end of their property in close proximity to the railroad and spread out the parking for better u2i~ization. The second part of their request is to build a small fabricated building on the south side of their property adjoining Woolbright Road. He showed a plot plani>and pointed out the approximate location of both buildings. They do not intend to do anything differ- ently than they have in the 25 to 27 years they have owned the property. As far as the application for the use, it would be identical to what they are doing. They are not changing the scope of work whatsoever. MINUTES BOARD OF ADjUST[~NT PAGE S iX JANUARY 16, 1978 ~. Ward clarified that relocation of the steel operation would move it further from the residences and reduce the noise and ~. Turhorst agreed. Mr. Healy asked how long Gulfstream had owned this property and Mr. Turhorst informed him they purchased it in t953 and at that time, there were several tracts of land involved to make the 11 acres. He added that they do have a letter on file stating the zoning would be changed so a wholesale and retail lumber business could be conducted. Mr. Ward stated he believes they moved into this area at the request of the City and Mr. Turhorst agreed and stated it was approved by the City Fathers and favorable zoning was given. The City was looking for a light clean industry. Today, they employ 125 people, their sales for 1977 were in excess of' $1,000,000, they do business with approximately 33 companies in the area, and the total payroll is in excess of $2,000~000. Mrs. Bond referred to these improvements permitting additional employees and ~. Turhorst agreed. Chairman Thompson questioned the dimension of the new build- ing and Mr. Tmrhorst explained how it would not be an enclosed building. Chairman Thompson questioned the distance from the fence line and Mr. Turhorst informed him it would be approxi- mately ~0 ft. Mr. Ward referred to this meeting the require- ment and ~. Keehr agreed that it would. Chairman Thompson referred to the noise factor and Mr. Turhorst replied that it would not be noisy and [~. Ward added that it might be an improvement. ~'. Turhorst further explained about no heavy equipment being in that building and there would be no recog- nizable noise from the street. Mr. Healy asked what would be manufactured in the building and Mr. Turhorst replied~that they would assemble roof trusses. ?~. Heaiy clarified that they would only be handling lumber and Mr. Turhorst agreed. Chairman Thompson asked if anyone else desired to speak in favor e~ this variance. ~s, Hitdegard Crawford appeared before the Board and stated that she has a duplex just north of Gulfstream and the metal cutting business is very noisy. She definitely approves of relocating it. She is very much in favor of moving the steel construction. She has lived there since 1974 and has dealt with Gulfstream and has been treated satisfactory. She is in favor of them making these improvements. ~s. Ju!ie Wilmono appeared before the Board and stated she lives adjacent to this noisy shed and is very much in favor of it being moved.1 Now her husband will have to move down from the north as he is always complaining about the noise. Chairman Thompson asked if anyone wished to speak against thisvvariance and received no response. He added that no communications had been received. He then opened discus- sion for the Board. MI[~TES BOARD OF ADJUST~NT PAGE SE~N JANUAR~ 16, 1978 ~. Ward made a motion that this variance be granted due to the unique and unusual hardship situation. He added that these people have been there for 25 years and seem to be try- ing to improve the situation. ~s. Bond seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mr. Maiorana - Aye ~s. Bond - Yes M~. Healy - Aye M~. Ward - Yes Mr. Adelman - Yes M_r. Zimmerman - Yes Mr. Thompson - Yes Motion carried 7-0. Chairman Thompson complimented Gulfstream on the appearance of the south section of their property where the Palm Trees have been planted along 15th Avenue. M_~. Turhorst replied that as soon as the road widening is completed, they plan to do further planting. OPEN BUS I~SS Chairman Thompson referred to agreeing at the last meeting to meet twice a month and stated after talking to the City Attor- ney, there did not seem to be any importance to do so as far as the Building Department is concerned. The applications are final when the motion is made and voted on by the Board. M~. Ward agreed it didn't seem necessary based on Mr. Moore's explanation. His reason was that the general public could not obtain the minutes until approved by this Board, but ac- cording to Mr. Moore, they are available. The applicants ~an obtain a building permit once the Board has voted in favor. Mr. Hea!y added that we are a quasi-jUdicial branch ~ud our decision is final, but there isaa 30 daya period in which an appeal can be made to the court, but the minutes have no bearing on it. Mrs. Bond asked if the minutes would have to be approved in the case of a denial so an appeal could be filed and ~. Ward replied they were not needed according to ~. Moore's statement and ~. Healy added that the minutes are only used later as proof and not needed to file the ap- peal. Chairman Thompson referred to the possibility of hav- ing five applications and not finishing and stated instead of delaying the applicant, it may be advisable to have a meeting on the fourth Monde. Mr. Ward stated he would be in favor of meeting if there is only one application, so the people do not have to wait. ~&r. Adetman made a motion to have the second meeting in the month if necessary, seconded by Mr. Zimmerman. Chairman Thompson clarified they would have the second meeting only MI_h~JTES BOARD OF ADJUSTk.~NT PAGE EIGHT JANUARY 16, 1 978 if deemed necessary which would include an overload of work. or if there was one application filed. Under discussion, Mr. Ward referred to it saving time for the applicant and stated if an applicant must wait a month and then apply to three more Boards, about three months would!~be required be- fore construction could be started and the costs rise. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mm. Maiorana - Aye Mrs. Bond - Aye Mr. Hea!y - Aye Mr. Ward - Aye Mr. Adetman - Aye M~. Zimmerman - ~¥e Mr. Thompson - Aye Motion carried 7-0. ~. Maiorana asked if there were going to be two meetings a month, would the members be notified and Chairman Thompson replied that a public notice would be sent and they would receive a call from City Hall. Mr. Adeiman requested a copy of the zoning map and Mr. Keehr replied that he would bring a copy for him to the next meeting. ADJOURNMENT ~. Ade!man moved to adjourn, seconded by Mr. Healy. Motion carried 7-0 and the meeting was properly adjourned at 8:00 P.M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape) I NOTICE NOTICE IS HEREBY GIVEN that the following applications have been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA for variances as indicated, under and pursuant to the provisions of the zoning code of said City: Parcel $1 - South 51.15 ft. of Lot 1, CRESTVIEW Recorded in Plat Book 23, Page 154 Palm Beach County Records Request - Relief from 75 fro lot frontage requirement to 51.15 ft. lot frontage Relief from 15,000 sq. ft. lot area require~Lent to 14,693.8 sq. ft. lot area to constr~ct slat shade house for Nursery Sales. Address - 2311 South Federal Highway Applicant - JosePh P. Bartak Parcel 92 - All that part of the South half of the SE 1/4 of the SE 1/4 of Section 28~ Township 45 South, Range 43 EasH~ lying West of the Dixie Highway and East of the Florida East Coast Railway Right-of-way, in the City of Boynton Beach, Florida, described as follows: Parcel A: Beginning at a point in the South line of Section 28 (being on Woolbright Road) said point being 229.50 feet Westerly from measured along the south line of said Section 28, the Westerly line of U.S. Highway No. 1~ thence northerly at an angle with the precedin~ course of 89 degrees 43 minutes 30 seconds, measured from east to North a distance of 1~65.0 feet; thence Easterly parallel to the South line of said Section 28, a distance of 41.03 feet; thence Northerly at an angle with the preceding course of 90 degrees 90 degrees 16 minutes 50 seconds, measured from West to North a distance of 221.13 feet; thence Westerly parallel to the South line of Central Park~ a s~division in Boynton Beach, plat of which is recorded in Plat Book 12, page 12, Palm Beach County Records, a distance of 100 feet; thence Northerly at an angle with the preceding course of 89 degrees 55 minutes 30 seconds measured from East to North a distance of 264.0 feet, more or less, to the South line of said Central Park, thence Westerly along the South line of said Central' Park~ a distance of 490°26 feet~ more or less, to the Easterly right-of-way line of the Florida East Coast Railway; thence Southerly along the Easterly right-. of-way line of the Florida East Coast Railway, a distance of 660.80 feet, more or less, to the South line of said Section 28; thence Easterly along the .Sou-th line of said Section 28~ a distance of 643..40 feet, more or less~ to the point of beginning. Parcel B: The West 100 feet of the South 68 feeH Of that certain tract of land described as follows: Beginning at the center of the County Rock Road (now Federal Highway) on the North line of the Sou~h half of SE 1/4 of the SE 1/4 of Section 28, Township 45 South, Range 43 East; run thence West 331.5 feet to a stake; thence South 264 to a stake; thence EaSt 328°5 feet to the center of the County Ro~k Road, (now Dixie Highway) thence North alon~ the center' of the County Rock Road to place of beginning. Parcel C: Beginning at the intersection of the South line of Section 28, Township 45 South, Range 43 East, and the Westerly right-of-way of U.S. Highway No. t, as laid out and now inuse; thence Northerly along said West right-of-way line a distance of 165.05 feet to a concrete monument marking the Southeast corner o~ Parcel C; thence continuing along the said West right- of-way line a distance of 289.81'feet, more or less, to a point which is 196 feet South of, measured at right angles to the South line of Central Park, a subdivision recorded in Plat Book 12, at page-12, Palm Beach County Records; thence Westerly and parallel with the said South line of Central Park, a distance of 196.74 feet;-thence Southerly at an angle of 90 degrees of 04 minutes and 30 seconds measured from East to South, a distance of 289.13 feet, more or less, to a point which, is 165 feet North of the South line of said Section 28; thence Easterly and parallel with said South line of Section 28, a distance of 191%47 feet, more or less, to the point of beginning° Request - To enlarge non-conforming use of land by constructing a storage building and relocating an existing storage building. Address - 1415 S. Federal Highway Applicant - Gulfstream Lumber Company A PUBLIC HEARING will be held relative the above applications by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday, January 16, 1978, at 7:00 P. Mo All interested parties are notified to appear at said hearing in person or by Attorney and be heard° BOARD OF ADJUSTMENT CITY OF BOYNTON BEAC~ PUBLISH: PALM BEACH POST-TIMES 'December 31, 1977 & January 7, 1978 CC: City Manager City Attorney City Council Building Official Board Members Mrs. Kruse