Loading...
Minutes 04-25-77MINUTES OF THE BOARD OF ADJUSTmeNT ~ETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 25, 19779 AT 7:00 P. M. ~SENT Derie B. Bailey, Chairman Vernon Thompson, Jr., Vice Chairman David W. Healy, Secretary Mrs. Liilian Bond Foy Ward Vo Paul Scoggins, Alternate Carl Zimmerman, Alternate ABSENT Walter B. Rutter t ~ S an!ey Weaver ( xcusea) Bert Keehr, Asst. Bldg. Official Chairman Bailey called the meeting to order at 7:00 P. M. He introduced Mr. Keehr, the members of the Board, Recording Secretary, and ~. E. E. Howell, Building Official, present in the audience. Minutes of April 11 ~ 1977 I~s. Bond made a motion to accept the minutes of the last meeting, seconded by Mr. Thompson. Motion c~ried 7-0. PUBLiG HEARING Parcel #1 - W. 62 ft. of Lots 95 and 96, Laurel Hills, 3rd Addn. Recorded in Plat Book 23, Page 126 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 6,200 sq. ft. Address - 809 N. W. 8th Avenue Applicant - Viola Batta Mr. Healy read the above application. Chairman Bailey asked if anyone was present representing Viola Batta. Mr. Howard Mallory stated his name and his ad- dress as 1045 S. W. 25th Avenue, and advised that Mrs. Batta was present, but requested him to represent her. He explained that the request was actually to change two lots which are 50 x 139 ft. to one lot of 7,700 sq. ft. and one lot of 6,200 sq. ft. To build on the two lots as they sa'e presently, you would have to build very narrow houses. One lot is on the corner and under the regulations, a house can be built within 10 ft. of the side lot line on the corner with the other houses being set back 25 ft. By changing to two lots, one 77 x ~00 ft. and one 62 x 100 ft., they can observe all the setba6~, front, side and rear. The corner lot will be tegsl with 7,700 sq. ft. Most important, it will allow a setback of 25 ft. on both sides of the corner. MIh~TES B~OARD OF ADJUST!~NT PAGE ~[0 APRIL 25, 1977 Mr. Ward asked if both lots would front on the same street and Mr. Mallory replied that both would be facing south and there are already two houses on the street. He added that to build on the lots 50 x 139 ft., the corner house would have a 10 ft. setback being adjacent to homes with a 25 ft. setback. With making this change, they can observe all the setbacks. Mr. Ward clarified that they would b.e lined up on both streets and ~. Mallory agreed. Chairman Bailey referred to the application noting the property is presently zoned R-tA and clarified that only a 10 ft. side setback was required on the corner. M~. Mallory informed him that by changing the property as requested, they could set ba~k 25 ft. on both sides. He then drew a diagram and ex- plained. Chairman Bailey stated that by changing the lots, one lot will not be conforming and Mr. Ms21ory agreed and stated that it would also allow them to build a larger house. Mr. Thompson questioned the dimension of the lot directly adja- cent and Mr. Mallory replied that he was sure it was the same size. Mr. Ward asked how long Mrs. Batta had owned this pro- perty and M~s. Batta replied about six years. Chairman Bailey asked if there were any further questions for Mr. Mallory. M~. Mallory added that Mr. Werger is present, who is the head of the homeowners' association, and he has said that most of the people were not aware the code had been changed, so they could build on 50 ft. lots and he understands there will be some opposition. However, you can build on a 50 ft. lot and he feels it is better to change this and build larger houses. Chairman Bailey clarified that the way the parcel is now, two narrow houses could be built no matter if the variance is grouted or not. Chairman Bailey asked if anyone else desired to speak in favor of this variance and received no response. He then asked the Secretary if any communications had been received in favor and Mr. Healy replied: no. Chairman Bailey then asked if anyone in the audience desired to speak in opposition. ~r. Ray Titman stated his name a~d his address as 1115 8th Avenue. He advised that he was not speaking for or against, but would like clarification of the so-called new rule regarding it isilegal to build on a 50 ft. lot. M~. Howell informed him that it actually was not legal to forbid the building on platted' lots and when he found out about it, he brought it to the Council's attention and the ordinance was amended. The ordinance now states if you own property previously platted prior to the new zoning ordinance in June, 1975, you can build on it whether it is 50 ft. or even 45 ft., MINUTES BOARD OF ADJUSTmeNT PAGE THREE APRIL 25, 1977 as long as the house conforms to the new setbacks, i~. Titman stated this meant there really was no reason to have this Board, the Zoning Board, or the City Planner, except for the areas lying west of Congress Ave. I~~. Howell re- plied this was not necessarily true as this applicant is asking to turn the lots to another street, so he can build a nicer house and this must go before the Board of Adjust- ment. M~. Titman stated the entire area of Laurel Hills is platted with 50 ft. lots and the zoning does not mean a thing. Mr. Howell informed him that if the lots were platted with 50 ft. lots previously to the new zoning, they can build on it. This is a State law. Zoning can not be put on pro- perty so you are hur2ing the property owner. Mr. Titman re- plied that this may not hurt the property owner, but it will hurt those who built previously on larger lots. ~. Howell clarified that it would hurt those property owners who would not be allowed to build. Mr. Titman requested a copy of this and ~. Howell informed him it was available at the Building Department. ?~. Harold Werger stated his name and his address as 719 N.W. 7th Court. He advised that he was not speaking against or for the request and actually favors the way ~. M~llory and i~s. Batta want to place the houses because in relation to the other houses, it will be more uniform. However, he would like to ask a few questions. He asked if the total lot size for a 50 ft. lot was still held at 7,500 sq. ft. and ~. Howell in- formed him that if it is platted, it is whatever it was when it was approved forDplatting. Mr. Werger stated that the owners of these lots could build or the lots could be sold to a builder and M~. Howell agreed. ~. Werger asked if the size of the houses had to be 1,200 sq. ft. and M~. Howell re- plied they' had to be 1,250 sq. ft. for the R-lA zone and be according to whatever the zoning is. The setbacks mud house size must be conformed with. Mr. Werger stated that the rest of the zoning for R-lA does not apply to 50 ft. lots and M~. Howell clarified that theonly thing which does not apply is lot area and width. ~. Werger referred to the zoning re- quiring 25% of the depth of the lot which would bring the set- back to 37½ ft. on a long lot and asked if they could come to 25 ft. and Mr. Howell replied: yes. ~. Werger referred to ~ny people not ~unowing about this and ~. Howell informed him that the City Council held a, public hearing on it. ~. Werger stated the ordinance was passed in July, 1975, and was amended after that and ~. Howell replied that it was amended after he came here after December, 1975.~ Chairman Bailey ascertained that nobody else desired to speak. Mr. Healy then read the attached letter dated April 8, 1977, from Mary and John A. Denho!m~ Jr., stating their objection to this request. MINUTES BOARD OF~ADjUSTI~NT PAGE FOUR APRIL 25, 1977 Chairman Bailey then opened the discussion to the Board mem- bers. ~. Zimmerman stated he would be in favor of this due to the better placement of the house upon each lot. Healy and Mrs. Bond stated they had no objectio~. M~. Thompson stated he had no objections based on the reason that the houses can still be built regardless and this will improve them. Chairman Bailey stated he would be in favor since two houses could be built without a variance and since this would be a hardship on the existing neighborhood~with building two skinny houses. ~. Thompson moved to grant the request based on the fact that the houses can be built and with turning the houses to the south, it will improve the neighborhood. Mrs. Bond seconded the motion. No discussion. As requested, M~s. Eruse took a roll call vote on the motion as follows: ~s. Bond - Yes Mr. Thompson - Yes Mr. ~ard - Yes ~. Zimmerman - Yes M~. Scoggins - Yes M~. Healy - Aye Mr. Bailey - Aye Motion carried 7-0. Parcel #2 - Lot 42, Crest View Recorded in Plat Book 23, Page 154 Palm Beach County Records Request - Relief from requirement to construct 225 ft. of 6 ft. high masonry wall to separate commercial facility from residential property. Proposes to provide suitable plantings in lieu thereof. Address - 219 S. E. 23rd Avenue Applicant - Robert B. Atkins M~. Healy read the above application. Chairman Bailey added that the Community Appear~uce Board reviewed this plan at their meeting On April 18 and the Chairman, Col. Carn R. Reid, requested that the minutes be forwarded to the Board of Adjustment. He then read the following from the minutes regarding the Co~uunity ~ppear~uce Board's review of this application: ~'The members studied the plans. Mr. Robert B. Atkins, Sr. and Dr. Robert B. AtY~ns, Jr., appeared before the Board. M~. Atkins, Sr. explained their plans to remodel a residen~ into a doctor's office. He added that there was an existing sprinkler system with a 60 ft. well and pointed out the loca- tion on the Dian. Chairman Reid asked if they~intended to sod MINUTES BOARD OF AD,STUdeNT ?AGE FiVE APRIL 25, 1977 out to the street and Mr. Atkins, Sr. replied: yes. Chair- man Reid remarked that the landscaping seemed adequate and comprises fairly well with the ordinance. ~. Atkins, Sr. then showed photographs of the existing plans smd building. He advised the Board that the Planning & Zoning Board ap- proved the plan subject to a wall going in on the rear, but they have applied to the Board of Adjustment for a variance. Chairman Reid questioned the necessity for such a wall and M~. Atkins, Sr. informed him it was required between commer- cia! and residential property. Dr. Atk~ns, Jr. added that the wall would shorten the ability to turn around and will also cover a utility easement. Mr. Atkins, Sr. added that the wall was required on the north and west sides. Dr. Atkins, Jr. continued that a wall would be detrimental to the appearance. The wall was not required by other buildings because this is a recent enactment~.of an ordinance and M~s. Coco read the ordinance section applicable and noted a wall 6 ft. high was~required. Chairman Reid remarked that a wall would have to be landscaped and ~¥~s. Coco referred to the sight the people on the other side of the wall had to look at. ~. Atkins, Sr. stated he could understand where this would be necessary in the case of a restaurant, but ex- plained how he didn't think it was proper for a doctor's office. Chairman Reid informed him that this Board was never consulted about this requirement and explained how a hedge would be more of a sound barrier and give more privacy than a wall. There was further discussion about the requirement of a wall s~d Chairman Reid then stated that from the aesthe- tic standpoint and proper landscaping, the existing hedge and Areca Palms will give a better screen and more sound barrier and meet requirements and it also must be considered that there is a utility easement where the wall should be. He sees no advantage in a wail which would eliminate the aesthe- tic value of the existing trees and is contrary to any envir- onmental landscaping program. Chairman Reid then referred to the north side having an existing hedge partway and asked if they intended to add to i~ and also asked what was located on the abutting property and ~. Atkins, Sr. informed him there was a chain link fence on the abutting property ~ud showed a photograph of this side. Chairman Reid questioned why a wall wOuld be necessary when there is a fence? Chairman Reid then suggested that the hedge be supple- mented with some small trees to break the line of the other property planted at 20 ft. intervals. ?~. Case then read comments from the Planning & Zoning Board minutes in the review of this plan. MINUTES BOARD OF ADJUST~NT PAGE SIX APRIL 25, 1977 Chairman Reid requested that a copy of the minutes be forwarded to the Board of Adjustment. He stated that the use of hedges and screening on the north and west sides are ade- quate, with the exception of the recommendation to plant trees at 20 to 25 ft. intervals to break up and give more screening to the separation of the house and this property. M~s. Coco referred to screening by trees and hedges being more of a noise barrier ~than a wall and Chairman Reid agreed and stated this was a kuown factor that hedges and trees are a better screen and noise barrier than a fence or wall. Dr. Atkins, Jr. clarified that they preferred the landscaping to a wall and Chairman Reid replied: yes, if a wall wasc~ put up, they would require it to be landscaped. Mrs. Coco asked if they were going to have a dumpster, etc. Chairman Reid noted the recommendations of the Board on the plan. to plant 6 to 8 ft. trees at 20 to 25 ft. intervals along the north side and also the installation of an adequate sprinkler system. Mr. Atkins~ Sr. approved the recommenda- tions mud asked if the height of the trees must be 6 to 8 ft. and Chairman Reid requested the trees to be at least 6 ft. tall. Mr. Case made a motion to approve the plans as'presentedd with the modifications noted, seconded by Mrs. Deneen. Motion carried 7-0." Mr. Ward stated he thought if the zoning is wrong, it should be up to the Planning &Zoning Board to straighten it out. He thinks the Planning & Zoning Board should rectify the ordinsmce requiring the separation between commercial and residential. Chairman Bailey asked if ~. Atkins was present and ~. Robert B. Atkins, Sr., stated his name and his address as 2tl Venetian Drive~ Delray Beach. He showed the photographs he showed to the Co~unity Appearance Board to the Board of Adjustment showing the existing house and landscaping. He then stated that one of the points noted in the application is that this is a doctor's office. He is representing his son, Dr. Robert B. Atkins, Jr., who is an ophthalmologist. There is also a 5 ft. utility easement along the west pro- perty line. The construction of a wall would reduce the parking and turning lan~ from 25 ft. to 21 ft. The hedges should be better for aesthetics than a wall. The members then reviewed the photographs and plans. ~. Heaiy questioned the height of the trees being contem- plai~dY and Mr. Atkins informed him that the Community Ap- pearance Board required a minimum of 6 ft. at 20 ft. on ~a~NUTES BOARD OF ADJUSTmeNT PAGE SE~fEN APRIL 25, 1977 centers and in between would be the hedge. He added that half of the lot has high Hibiscus and beautiful Sea Grape Trees. On the west side, there are Areca Palms. He knows these privacy walls are newly required. He could not find any in Boynton Beach, but found some in Delray Beach a~.d he showed some pictures of them. ~. Ward asked if the setbacks on the existing house would meet the requirements when it is changed to commercial ~ud Mr. Kee~ replied: yes. ~. Keehr added that in reference to the property to the west, it is residental, but it is zoned commercial and possibly at a later date, this could be changed to a commercial use. Mr. Thompson asked if it was commercial to the south and Mr. Eeehr replied: yes. Mr. Thompson referred to there being other doctors' offices in this area and M~. Atkins agreed and stated there were a number of them. Chairman Bailey asked if anyone else desired to spe~ in favor of this application. Dr. Robert B. Atkins, Jr., stated his name and his address as 2520 S. W. 14th Street. He stated that there is a utility easement and it would be difficult to build a wall. If a wall must be built, it would cut down on turning area. He is an ophthalmologist and many of his patients have cataracts or impaired vision and it would be difficult for them to turn their car around in a smaller area. The Chairman of the Community Appearance Board concurs with this request and also his architect agrees. He thinks a doctor's office should pro- bably be in a separate category than commercial property like a 7-1t store. It would look better to have a nice hedge than a wall. He think~ it would also be more functional. ?~. Ward asked if they could pave on an easement and Mr. Eeehr replied they could pave on it, but could not abridge it with a wall. Mrs. Helen Domsky stated her name and her address as 207 S.E. 23rd Avenue, directly west of this property. She is all for this variance and would much rather see shrubbery than a wall. Whatever Dr. Atk~us does, it will enhance the property. This area is zoned C-1 and she is not contemplating selling her house right now, but may in the near future and it would be more beneficial to have shrubbery than a wall. She would like to ask why a high shrub would have to be put in there amd Chairman Bailey replied that this was not,the Board that determines that. The Board of Adjustment hears the evidence involved both for s~d against and make judgement only for the variance requested and not for the type nor structure. The Board tries to adjust zoning to accommodate or not accommo- date. MINUTES BOARD OF ADJUST~NT PAGE EIGHT APRIL 25, 1 977 Mrs. Domsky continued with advising that she talked to Dr. Atkins in reference to his parking lot being used by cus- tomers of The Cellar Restaurant. She does not want these people to park next door to her bedroom window. She be- lieves ~. Atkins talked to [~. Thomas and he said they would not park there, but Dr. Atk~ns has agreed to put a chain across the drive which will be very good. She also talked to Dr. Atk~ins about spot lights for his facility and he said they might have them connected to a time clock so they will shut off around 11:00 P. M., so it will not shine in her eyes. She then asked if there would be a dumpster outside ~nd ~. Atkins replied: no. Mrs. Domsky stated that everything was fine with her. Dr. Roge!io Carrera stated his name and his address as 323 S. E. 23rd Avenue. He advised that his office 'was located vertical to Dr. Atkins' proposed office. He referred to having a large amount of senior citizen, s in the population of the City and sitated it was easier for them to park in open space than in a space surrounded by a fence. It is difficult to park or turn when facing a ws~l than in open space. This point should be considered in favor of our senior citizens. Chairman Bailey ascertained there was nobody else wishing to speak in favor. He then asked if a_ny communications had been received. ~. Healy then read the attached letter dated March 28, 1977, from ~s. Doris Shores in favor of this ap- plication. He then read the attached letter dated April 19, 1977, from Mr. George Alotrico in favor of this application. Chairman Bailey asked if anyone else desired to speak in opposition to this variance or comment further. Mr. Simon Ryder stated his name and his address as 2379 S.W. ~3th Avenue. He advised that he was not speaking for the Planning & Zoning Board or in reference to the application, but possibly could give some explanation why this ordinance was changed to require the wall. He explained how this came about last year when a bowling alley was built next to apart- ments. The people wanted a wall as they felt it was more effective from the standpoint of security and being blinded from the lights. The ordinance was established and at that time, the Planning & Zoning Board did not feel it was neces- sary to set down a line of permissive uses. The Board of Adjustment has the latitude to decide. They must consider whether it base, objectionable features, but he does not think the Dlanning & Zoning Board would consider doing away with it. ~. Atkins, Sr., appeared before the Board again and stated he would like to clarify his discussion with M~. Domsky with regard to putting a sign and chain. The chain was given as MINUTES BOARD OF ADJUST~NT PAGE NINE APRIL 25, 1977 a possibility, but they are also considering posting a sign stating parking is restricted and violators will be towed away. However, he doesn't know if such a thing would be per- missable. He thinks a sign would be more desirable than a chain as there is the possibility someone may run into a chain. He would prefer a sign rather than a chain. M~s. Helen Domsky appeared before the Board again and stated a sign would be fine, but who would be there to call to!~have the vehicles towed away? She would be the one to do this and would be awaken from her sleep. She is sure some fluorescent paint could be put on the chain. She has gotten dis%urbed enough from The Cellar and wants more than a2sign put there. Mr. ~ard referred to the height of the hedge and stated he did not remember the Community Appearance Board requiring a certain height and Mr. Atkins informed him the sizes were shown on the plan. Chairman Bailey reread the exc~ots from the minutes of the Community Appearance Board meeting and added that he read these minutes because they were sent to him as requested by the Community Appearance Board. ~. Heaty stated he thought the Board's action as far as the height was only to substitute!i~the trees for the wail. He thinks the Planning & Zoning Board has estab!ish~~' the height, which this Board cannot interfere with. A 6 ft. height has been established, whether it is a wall, trees, or fence. Mr. Atkins, Sr., informed him that the 6 to 8 ft. height was only required for the trees being added. The remaining is existing or what is called for in the landscape plan approved. The 6 ft. height only applies to the six additional trees. Along the north line, there are ~8~ Hibiscus and on the west side, there are existing Areca Palms. The Areca Palms are on the property line. M~. Zimmerman stated he hated to complicate this issue, but asked if it would be possible to consider giving a variance on one side and request the conformance to the wall on the other side and Chairman Bailey replied there was this possi- bi!ity and it is subject to the wording of the motion. ~. Zimmerman pointed out that on the west side, there is an easement and the property adjacent to it is co~aerciat; but on the north side, it is abutting residential. There is a different situation occurring on the north property line in comparison to the west property line. They ms~ want to con- sider this. Dr. Atkins, Sr., referred to the neighbor on the north sending a letter requesting landscaping. Chairman Bailey clarifie~ for Mrs. Domsky that in reference to the chain and sign, regardless of what this Board decides, a parking lot will be there, ~aswe have no power to require any applicant to put up a chain or sign. MINUTES BOAR]) OF ADJUSTM~ENT RAGE TEN APRIL 25, 1977 Mr. Heaty asked if there was any reason why the i~=nutes of the Community Appearance Board were read and Chairman Bailey informed him they were sent to him with the Chairman of the Community Appearance Board requesting that it be read. Mr. Hea!y asked if they were supposed to be considered to be in favor or not in favor and Chairman Bailey replied that from the minutes, he believes the Community Appearance Board is in favor of landscaping rather than a wall. Mr. Healy ~sLed~ ~ if this was to be used as influence on this Board and Chair- man Bailey replied that it definitely influenced him because this was a public meeting of the Comm~itY Appearance Board. He thinks each individual should decide. He does not think he would have done this Board justice by disregarding these minutes and not reading them. Mr. Healy stated that if they have a bearing on the case, he believes every member should receive a copy. Chairman Bailey informed him that the Chair- man of the Community Appes~smce Board just requested that a copy be forwarded to the Board of Adjustment. Mr. Healy re- marked that he di.d not like any other Board having any influ- ence on this Board and M~. Ward agreed. Mr. Scoggins made a motion to adopt this variance as read, seconded by Mrs. Bond. Mrs. Bond added that she seconded it because she thinks there is~ enough concrete in the City and it would be nice to see trees growing to beautify the place. ~. Scoggins added that his reason for the motion was because it is a low key daytime operation and he agrees with ~s. Bond that there are enough concrete walls in the area and he ~ ~ ' ' ~ ~ oem=eves a well landsca~.em buffer will adequately serve the purpose. Under discussion, Mr. Hea!y stated again that he did not believe the Board should in any way differ from the Pimnning & Zoning Board in regards to the height. No matter i~ it is trees or any other substitution, the height should be 6 ft. ~. Ward agreed with Mr. Heaiy and stated if they are going to use a hedge instead of a block wall, the height should be pertinent. Chairman Bailey asked if anyone desired to make an amendment tot~his motion and received no response. As requested, Mrs. Eruse took a roll call vote as follows: Bond Thompson Mr. Ward Mr. Zimmerman ~ . Scoggins Mr. HeaIy - Yes - Yes, but not for shrubbery vs. a wall, nor for provisions of senior citizens, but beaause it is in a commercial zone, he sees no reason to vote against it. - Yes, but disregarding the C.A.B. reconmendation - No - Yes - Yes, with the understanding the trees will be at a height of 6 ft. He sees MINUTES BOARD OF ADJUST~NT PAGE ELEVEN APRIL 25, 1977 Mr. Healy's Vote Cont. - no reason for an amend- ment because the Plan~ ning & Zoning Board is very clear and no matter whether it is a wail, £ence or trees, it must be 6 £t. high. Mr. Bailey - Yes Motion carried 6-1. ~'@s. Domsky then asked how a tree could be trimmed to 6 ft. amd Mr. Healy replied that a 6 ft. minimum was required. At this time, Chairr~m Bailey declared a five minute recess. The meeting was called back to order at 8:12 P. M. Parcel #3 - A parcel of land in the Northwest Quarter (I~2¥$) of Section 29, Township 45 South, Range 43 East, described as follows: Commencing at the Northwest Corner of said Section 29 and run south 0°57'2~' East, along the West line of Section 29, a distance of 322.06 ft. to a point in the South right of way line of State Road S-804 as shown on Road Plat Book 2, pages 217 to 220; the North 87°54'06'~ East, along said right of way line 588.5t ft. to the point of beginning; then continue along last de- scribed course 75.0 ft. to a point; the South 0°57'29~ East, a distance of 127.0 ft. to a point; th South 87o54'06" West, a distance of 75..0 ft. to a point; th North 0o57'29" West, a distance of 127 ft. to the point of beginning. Palm Beach County Records, Plat Book 7, Page 20 Address - 1392 N. W. 2nd Avenue Applicant -Farm Stores, Inc. Request - Relief from 15,000 sq. ft. lot area requirement to 9,525 sq. ft. Mr. Healy read the above application. Chairman Bailey asked if anyone was present representing Farm Stores, Inc. ~. Dick King stated his name and advised he is the Director for Farm Stores, Inc. and their address is 5800 N.W. 74th Ave., ~a.mi. He stated that they have been working with Fairlanes, who owns the property to the east and north which they propose to buy. Boynton Beach has been good to them and they feel this area is definitely commercial and they feel they would be an asset to the area, Fairlanes, and to the community. Fairlanes have plans for the balance of the property and only desire to sell this one portion. To operate their business, they need no more than they propose to purchase.. MIh~T TES BOARD OF ADJUST~_~T PL~E T~E±~VE APRIL 25, I977 The members then reviewed the site plan. Mr. Ward asked if this piece of property was presented by Fairlanes as part of their original plan included in the landscape and M~. Kee~zr replied that he didn't believe it was. Mr, Howell informed them on the site plan approved, the area in mention is listed as grass area with a swale for drainage, He then showed them and explained the original site plan approved for Fairlanes. ~. Healy asked if it would be a drive-thru stare and ?~. King replied: yes and explained how it would be like the store on 15th Avenue. Chairman Bailey also showed the floor plan to the members. He then gave these plans to Mrs. Eruse to be returned to ~s. Padgett. At this time, it was noted that Mr. Atkins had left with all the plans smd none were left to be returned to ~s. Padgett. M~s. Bond then asked if this property was ever intended by Fairlanes to be used for anything in connection with the bowling alley and Mr. Keehr replied there was none that he knew of. ~. Ward asked if Fairlanes would still have the required amount of footage for their lot area and Mr. Keehr replied: yes. ~, Ward asked if this was under contract to buy and ?~. Eeehr replied: yes. Mr. Healy asked if the entire 200 ft. was,exempt from the qualifications for the bowling alley and Mr, Howell explained how the code required every commercial building to have at least 75 ft. fron2age on the public street. Fairlanes could not sell the whole 200 ft. He thinks there would be at leaat 125 ft. the bowling alley could legally sell. Mr. Thompson pointed out that they could legally sell 50 ft. more. ~. King clarified they would be taking 75 ft, plus a 25 ft, drive and it leaves the bowling alley ~00 ft. Chairman Bailey asked if anyone else ~ w~ed to speak in favor of this application and received no response. He then asked if anyone in the audience wished to speak oppos- ing this. Mr. George Thomas stated his name and advised he was the President of Unit F Condominium at Leisureville, which is directly adjacent to the proposed area to the east of the Fairlanes Bowling Alley. He appeared before the Board of Adjustment when the variance was requested by the bowling alley and at that time, they registered their protest. As he remembers, the area which is now being contemplated to be sold to the Farm Stores was kept quite secret. They had no idea the'Fairtanes people would be contemplating the sale of this property for other commercial developments and cer- tainly were not a~vised very clearly that night, in the immediate area, there is Winn-Dixie, Publix and several MINUTES BOARD OF ADJ~S~T PAGE ~IR~EE~I, ,APRIL 25, 1977 other stores selling the same merchandise. Their experience with the bowling alley at this point, even with the barrier erected for their protection, has been less than satisfactory with the going and coming of vehicles at all hours of the ~b night. In this type of operation, ~_e noise and disturbance in the evening hours will be greatly increased. He sees no benefit to their condominium. ~11 they can look forward to is an increase in the amount of annoyance they will get and it will be of no benefit to his people who do their shopping during the normal hours of the day. The people in his build- ing voted in opposition to this and he is representing them and he strongly requests this Board to deny this application. Chairman Bailey ascertained that nobody else desired to speak in opposition or make other comments He then ope~em the discussion to the Board members. Mr. Ward requested, the Secretary to read Page 39, SeCtion 10, Paragraph 3-C regarding the Board of Adjustment. M~. Hea!y read this section as requested and clarified that it was from the official Zoning Regulations of the City of Boynton Beach. M~. Ward explained how they must consider whether a hardship is involved. Chairman Bailey added that when buying a piece of non-conforming property, it is inviting a hardship on your- self. Mr. Thompson agreed, but stated they must also consider if the property is a hardship on the present owner, but if it is tra%sferred, it still could be a hardship such as the property being landlocked. Mr. Ward stated if he was looking at this property and went ahead and bought it, he thinks he would be inviting a hardship. The application for variance should be made by the owner. Mr. Healy then read the section of the application stating the reasons for the request. It stated that the proposed store would be a drive-in, drive-out with no customers al- lowed in the store and there was no need for extra lot size for parking. The lot as shown is under contract. Additional land is not needed and. wouid make the cost prohibitive. They have the same operation in the City oH 15th Avenue and the lot size is less than 15,000 sq. ft. Mr. Howell brought to the Board's attention that there is 200 ft. frontage on the public road. The bowling alley is legal with 75 ft. There is 125 x 127 ft. which could legally be sold for a business which would give 16,000 sq. ft. However, this parcel is non-conforming. ~fter some discussion about this, Chairman Bailey explained that by selling this 75 ft., the bowling alley could still have an extra 50 ft. lot. Mr. Howell explained further that the bowling alley could sell a lot big enough to meet the zoning ordinance of 15,OO0 sq. ft. minimum, if it goes the way it is going now, there would be a non-conforming lot created. MINUTES BOARD OF ADJUST~ENT PAGE FOURTEEN APRIL 85, 1977 Mr. Zimmerman asked if this variance was gr~ted, could there be the possibility of another business requesting a Yariance for a 50 ft. lot and Chairman Bailey replied that there was this possibility. ~. Ward stated that this property is not l~nd locked and he thinks it can be brought up to the proper size. ~. Zimmerman moved to deny this variance because from discus, sion, it is easy to see there can be a conforming lot sold by the bowling lanes if they so wish. Mr. Healy seconded the motion and stated that to grant this variance, it would make two lots non-conforming. As long as the l~ud is there at t~ present time, he does not see any reason for a variance. He does not believe any hardship has been established in this case. As long as land is there, he doesn't believe a vari- ance should be granted. No further discussion. As requested, ~s. Kruse took a roll call vote on the motion as follows: Mrs. Bond - Yes I~. Thompson - Yes 1¥~. Ward - Yes ~. Zimmer~n - Yes Mr. Scoggins - Yes }~. Healy - Yes Mr. Bailey - Aye Motion carried 7-0. Board Discussion Chairman Bailey referred to discussion started during the recess regarding the minutes received from the Co~muunity Appearance Board and requested Mr. Ward to re-state his statements. M~. Ward stated he didn't think it was fitting and proper for one Board to send ~nutes to another Board as it could be misconstrued to influence the Board one way or the other. He thinks they should keep their business in t~eir department and we will keep our business in ours. }~. Heaiy agreed and stated he didn't believe we should have any minutes of any other Committee forwarded to this Board unless all members receive a copy. Mr. Thompson stated he agreed and does not think any type of communication s~ch as minutes should be forwarded. We had this problem in the past ~ud he believes it was the consensus of the Board not to receive any minutes. If there are po~ts of interest to be passed on, he thinks this would be acceptable. Mr. Zimmerman stated he was neutral on this. He thinks we have the right not ~ be influenced and it can be overlooked. Mrm.Bond stated she agreed and she feels it is the purpose of the Co~unity Appearance Board to see that the City grows MI~TES BOARD OF ADJUSTmeNT PAGE FIFTEEN APR_L 25, 1977 in the proper way and if they give an opinion, it is up to us whether to accept it or deny it. Mr. Scoggins agreed and stated he did not think anybody is influencing us. The C.A.B, deals with aesthetics and he personally feels they were offer- ing us the 'benefit of their experience. He made ~his own deci- sion baaed on what he felt. He did not let their decision influence him. He looked at the minutes with their experience in the field of planning. Mr. Ward stated that the C.A.B. did not influence him and he think~ it is unethical to have one Board send the other Board its minutes, ~s,. Bond agreed that m~be it was done in an improper manner and should have been done another way. Mr. Healy referred to this not being the usual practice and remarked that they probably would not receive a copy again. Mrs. Bond replied that the C.A.B. probably felt this particu- lar problem needed extra attention on their part as well as ours. ~. Healy stated that this would be influencing. ~h~. Zimmermam requested that no action be taken on this unless it occurs too frequently. Chairman Bailey stated that as the Chairman of this Board and as a public official, he is in the position where he has to present anything to the Board which comes to him. If the members desire, they can msJ~e it a policy that if he re- ceives any communications, he will ask whether they want to have it read. If they don't, the secretary can just record it in the minutes. M~~. Ward clarified that nothing derogatory was referred to the Chairman having read these minutes, but the whole infer- fence of sending the minutes to this Board. Chairman Bailey replied it was his obligation to make it public since it was received. ~. Ward clarified that he was not condemning him for receiving or reading them. Chairman Bailey replied that he understood, but he feels anytnmng tn~t any of the members receive as public officials should be brought before the Board. The members agreed. Chairman Bailey added that Shey have no control over what is received. Mr. Healy made a motion that all letters addressed to the Board become public property. Any letters received in favor of a variance or any letters mailed to this Board which are read at the Board meetings shall be attached to the minutes of the meeting. ~.. Thompson seconded the motion. No discussion. Motion carried 7-0. Mr. Healy then gave ~-~S. Eruse three letters am_d requested that they be made public:iinformation and be attached to the minutes of this meeting. MINUTES BOAR OF' ADJUS'±~ T APRIL 25, 1977 ~ ournme nt Mr. Healy moved to adjourn, seconded by Mrs. Bond. Motion carried 7-0 and the meeting was properly adjourned at 8:55 P.M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (~o Tapes) JOHN A. D£NNOLM JR. ~OtO NORTH W£ST SEVENTH COURT BOYNTON BEACH FLORIDA 33435 Building Department City of Boynton BeaCh Florida, 33435 Attention: Mr. Bert Keehr Dept. City Engineer Subject: Proposed New Offices for Dr. Robert Atkins at 219 S.E'~ 28rd Ave. 2315 S.E. 2nd Street Boynton Beach, Fla. 33435 March 28, 1977 Gentlemen: I have been advised, by a representative of Dr. Atkins, that a Site Plan Waiver is being reqflested on the subject remodeling project to allow the instal- lation of suitable shrubbery, in lieu~0f a 6 foot high Masonry Wall. Please be advised that I am the owner and resident of the adjacent property, which abuts the north side of subject property'for 150 feet, and I would like to go on'record that I would very much prefer suitable plant~ ings Copy: Dr. Robert ~Atkins 2800 ~S. Seacrest Blvd. Beach, Fla.-83485 .. Sincerely yours . (Mrs.) '.Doris Shores NOTICE OF PHBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH Robert Bo AtP, fi_ns has requested a variance on the following.- Relief from requirement to construct 225 ft. of 6 ft. highMasonry Wall to separate commercial facility from residential property. Proposes to provide suitable plantings in lie~ thereof. Lot 42~ CREST VIEW Recorded in Plat Book 2D~ Page 154 Palm Beaeh County Records Address: 219 S. E. 25rd Ave. Proposed Improvement - Remodeling of residence into a Doctor's Office HEARING WILL BE HELD IN THE COHNCIL CHAMBERS~ BOYNTON BEACH CITY HALL~ MONDAY: APRIL 25, 1977~ AT 7:00 P. M. Legal advertisements will appear in the April 7th and 14th issues of the BOYNTON BEACH NEWS JOURNAL. Notice of a requested variance is sent to property owners within 400 ft. of the applicant's property to give you a chance to voice your opinion on the subject. Objections may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, please call 752-8i14~ City Clerk's Office% April 6, 1977 CITY OF BOYNTON BEACH TEREESA PADGETT CITY CLERK