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Minutes 09-12-77MINUTES OF THE. BOARD OF ADJUSTME_~T ~ETING HELD AT CITY HALL, BOYNTON BEACH~ ~FLORIDA~ MO~Y, SEPTE~ER ~2~ 1 977 AT 7:00 P~M. PRESENT Derle B. Bailey~ Chairman Vernon Thompson, Jr.~ Vice Chairman M~s. Lillian Bond Walter Bo Rutter Foy Ward Edgar E. Howel!~ Building Official Bob Donovan~ City Plan Checker ABSENT David W. Healy~ Secretary (Excused) Carl Zimmerman (Excused) Ben Adelman~ Alternate (ExcuSed) Chairman Bailey Called the meeti~ to order at 7:20 P. M. and introduced the members of the Board, Building 0f~mcma_, City Pia~u Checker, and Recording Secretary. He announced in view of the Secretary not being present~ he would act as Secretary as well as Chairman° inut of August aa, ~. Rutter made a motion to accept the minutes as read, seconded by ~s. Bond. Motion carried 5~0. ~0rrespondenc_~e Chairman Bailey read a note from the City Attorney dated August 25 advising that he concurs, with the Board's action of August 22 with regard to the Quinette application for a setback vs~iance based upon the fact that the error in de- scription contained in the notice of hearing did not consti- tute amaterial ~ variation and the fact that no objectors appeared at the hearing. Chairman Ba~ley then distributed zoning ordinance changes to the members. Chairman Bailey announced that Mr. Adelman had requested to be excused from this meeting. Chairman Bailey read a letter dated August 30~ ~977, from Mr. V. Paul Scoggins submitting his resignation. ~. Thompson moved to accept the resignation, seconded by ~s. Bond. ~Mso Bond added that she was sorry to see M~. Scoggins leave. Motion carried 5-0. Chairman Bailey added that he talked to the City Manager and was advised that he feels sure the City Council will appoint an alternate to replace M~. Scoggins by our next meeting on September 26. Also, Mr. Adelman and ~. Healy will be back by then and possibly Mr. Zimmerman too. M!~TES BOARD OF ADJUSTmeNT PAGE TWO SEPTEMBER 12~ 1977 ~blic Heari~ng Chairman Bailey announced that in order for a variance to be granted, thoro must bo five votes in favor~ This is normally a seven member Board, but only five members are present which constitutes a quorum° Parcel #1 ~ Lots 13~ I4, ~5, ~6~ ~7 & ~8, Block 2, Palm Beach Country Elub Estates Recorded in Plat Book ~1, Page 43 Palm Beach County Records Request - Relief from 43,560 Sq. ft. lot area requirement to 35,08~ sq. ft. lot area to build Church. Address ~ ~41N~ E. 7th ~venue Applicant~ Rev. ~a~haniel Robinson Church of God Chairman Bailey read the application submitted with the above and noted two typographical errors. He read the reason re~ quested was that the property adjacent to the church property is not for sale. He added that he had a plan for the ~embers to review~ Rev° Nathaniel Robinson, 227 N~ Eo l~th Avenue, appeared be~ fore the Eoard~ ~ Rutter referred to when tho property was purchased in ~974 and asked if the rozoning had an effect on what they desired to do now and Rev~ Robinson replied that it did have an effect° ~k~. Thompson questioned the setback on the north side of tho building and ~. Howell informed him it was 25 ~ ~ according to the R-2 setbacks~ Chairman Bailey asked if Rev. Robinson had~anything further to tell the Board and Rev. Robinson stated they were hoping to bo able to build this~hurch as their former church is very old and they would 'like ~ better church to preach the word of God~ ~. Howell questioned the location of the old church and Rev~ Robinson informed him it was on N~ E~ l~th ~venue~ Mr. Rutter asked if there would be ~my problems with parking on these plans and ~. Howell replied that they would be quired to meet the seating capacity in the church. Rev. Robinson informed thom that this had been met. M~. Thompson clarified that the only problem was the changing of the zon- ing from C~ to R~2 which made the difference and ~. Howell agreed and added that it was an entirely new zoning with different setbacks, lot coverage~ required acreage, etc. Mr~ Ward referred to the nearness of homes and Rev. Robinson informed him that on the south side, there are no homes~ just vacant land on the other side of the street. R~o Ward clari~ fled that he was referring to each side and Rev. Robinson informed him it was built in the rear~ Mr. Rutter asked if there would be any flood lights at night which would annoy MI~T~S BOARD OF AD~STMENT PAGE TREE SEPTEmbER 12, I977 the residents and ~. Howell replied that in all fairness, for the Board's information~ i~is an allowed use in the zone. The only problem is that the property is short by 8,47~<isq. feet of what the zoning calls for to build a church. i~. Ward asked how long it would take to build this and Rev. Robinson replied that he did not know~ but hopes to have it built in a year. ~. Ward referred to the possibility of a stipulation being granted with a variance and Rev. Robinson replied that he thins it is a possibility to have it built in cios~ to one year. ~. Rutter referred to funds being a factor and Rev. Robinson agreed. Mro Rutter then questioned Mr~ Ward's reasoning and M~. Ward replied that he just wanted to bring out that there was a possibility of including a stipulation with a time limit for starting and finishing~ Mr. Rutter stated that a project of this type is not the same as closing in a porch or putting on a bedroom, but he thin~ this is a community factor and does not think a time factor should be involved.. He does not think there should be a time restriction° M~s. Bond state~ she realized they were only beginning to build a church~ but asked if there was room for expansion if the number of parishioners warrant it and Rev. Robinson replied that if this happened, they could relocate, but this will take care of what they have now. ~. Thompson referred to this being non-conforming if the variance is granted and it would be impossible to come back before the Board for another variance. Mr~ Howell questioned the seating capacity and Rev~ Robinson informed him there were approximately 24 pews with ~2 on each side~ Mr. Howell added that he believes he looked at this plan and it would he impossible to add more parking for future use~ which might be something the people want to think about before building in this area~ However~ 288 people is a good sized church and if they would want to build on later without the parking, there would have to be another appli- cation made to the Board of AdJustment~ Mr. Rutter sug- gested just having more services to accommodate the people. Chair~zu Bailey asked if anyone else in the audience wished to speak in favor of this variance and received no response. He asked if anyone wished to speak in opposition and received no response. He added that no correspondence had been re- ceived:~ ~Aro Ward made a motion that this variance be gra~%ted~ He added that he w~uted it understood that the reference to property being available was to ascertain whether it was part~i~of a hardship. ~. Rutter seconded the motion. Under discussion, Mr. Thompson explained how it may be advisable to screen the parking so lights at night won't bother the MINUTES BOARD OF ADJUSTmeNT PAGE FOUR SEPTEmbER 12, t 977 neighbors and ~m. Howell replied that a buffer is not required for a church, but only between cor~mercial and residential pro~ perty~ Mm, Thompson clarified that he did not say it was a requirement~ but thought it may be advisable and ~,~, W~d agreed it was a good thought a~ad possibly could be worked out, Mr. Thompson referred to something being noted on the print~ but stated that he was not sure what it was and Mr. Howell ~uformed him that hedge was shown all the way around. As requested~ M~rs. Kruse then took a roll call vote on the motion as follows: Mzr. Rutter - ~je Mrs. Bond - Aye' Mm. Thompson ~ Aye Mr, Ward ~ Aye M~, Bailey - Aye Motion carried 5~0, Chairman Bailey then gave the plans to Mrs. Kruse to be re= turned to M~so Padgett, Other Business M~. Howell referred to the possibility of having a form for the Board to be signed by the members of the Board and Chair- man when a variance is granted which could accompany the ap~ plicationo He explained how the Building Department~did not have the in£ormation to know whether a variance had been granted and if the Board could give the people an affidavit that it has been granted to turn in with the plans, it would be beneficial to the Building Department. They would be much less apt to make an error, It would just be a notification that the variance has been granted, He explained how it was necessary now for them to research the minutes to know the action taken by the Board. He also explained how the records did not show a variance was granted if questioned in the future. ~. Thompson suggested possibly just using a stamp and Mr. Rutter replied that this may not be adequate as in certain cases certain special conditions are included. M~, Ward suggested that the minutes be checked for stipulations and Mr.'Howell explained the inconvenience with this method and stated he would like to have a form which could be used for a record in the Building Department mad a space could be in- cluded for special comments. Mr. Ward suggested stamping the plan ~d M~. Howell explained how this may hamper the applicant as it is not always neces~ sa~for a plan to be submitted. Mro Howell then stated that all he thought was necess~my was a small sheet of paper to be made part of his record with the Chairman signing it~ a list of the members and the vote, MINUTES BOARD OF ADJUST~NT PAGE FIA~E SEPTEmbER t2, 1 977 Mr. Thompson questioned the present procedure regarding stipu- lations and ~. Howell explained how the minutes must be re- Searched. He added that copies of the minutes must be made and it would be simpler just to have one sheet noting the variance~ M~. Ward agreed this would be convenient but stated they should still be on alert to check the minutes regarding stipulations, ~. Howell stated he would likepermission to submit a form to the Board and if it is feasible~ he would like to use it as part of his record. M~ Ward asked if there would be more expense to the City with reference to printing and Mr. Howell replied there wouldn't be as much as now with ma_king copies of the minutes~ He clarified that he was interested whether there was a variance, what is was for and if there was a time limit~ M~o Ward asked if he wasn't concerned with the stipu- lations and M~. Howell replied that they would not ~tter for the record and explained how it would be submitted with the' plan and when the job is completed~ it will be part of his record. Chairman Bailey suggested that the form just state denied or granted with a check list for time limit~ special conditions and date of meeting and if there was any special resesa~ch~ it would be easy enough to check the minutes. Chairman Bailey then asked if it would require special per- mission for the secretary to handle this and ~. Howell re~ plied that he would have to obtain the City ~nager's appro~ val~ Mr. Ward stated that if this policy were going to be followed, he believes the Chairman should fill it out with signatures of the Board members with no additional burdens made on ~@s~ Kruse~ Mr. Howell clarified that he just wanted to know if a variance was granted or special consid= erations and this would be filed as part of tha record. After discussion~ it was agreed tna~ the members would review such a form submitted by ~'~. Howell at the next meeting. ~rnment ~. Rutter made a motion to~ad~our~ seconded by Mr. Thompson~ Motion carried 5~O and the meeting was properly adjourned at 8:00 P~ M~ Respectfully submitted Suzanne M. Kruse Recording Secretsm~y (One Tape) SPEED MESSAGE This form available from Grayarc Co. Inc. A Subsidiary of Dictaphone CorPo~'ation,$82 Third Ave., Brooklyn, N. Y. 11232 Mr. ]Derle Bailey Chairman Board of Adjustments ToC ity Hall Boynton Beach GENE MOORE Lawyer 640 EAST OCEAN AVENUE, SUITE 18 P. O. BOX 910 BOYNTON BEACH, FLORIDA 33435 Phone: (305) 734-2424 DATE August 25, 1977 ---~SUBIECT: - De ar Mr. Bailey: I concur with the Board's action of August 22 with regard to Q'uinette application for set back variance based upon the fact that the error in description contained in the notice of hearing did not constitute a material variation and the fact that no object,rs appeared at the hearing. GM/jg GENE MOORE CITY ATTORNEY PRINTED BY GRAYARC CO.. INC. BROOKLYI%, N. Y. 1 1232 SIGNED August 30, 1977 Mr. Derle Bail~, Chairman Board df Adjus~ents Ci~ of Boynton Beach Boynton Beach, Florida 33435 Dear Mr. Bail~: Due to business commitments on the west coast, I must regretfully resign from the Boynton Beach Board of Adjus~ents. I have enjoyed the opportunity afforded me while working with the members of the Board. Si ncerel y, V. Paul Scoggins VPS/sr West Winds Golf& Racquet Club 192.5 Charter D Hve North -- P.O. Box 368 m Boynton Beach, Florida 33435 Telephone Golf Pro 734-0224 Tennis Pro 734-0222 Business Office 734-0220