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Minutes 04-11-77MINUTES OF THE BOARD OF ADJUSTmeNT ~ETING ~LD AT CITY HALL, BOYNTON BEACH , FLORIDA, MONDAY , APRIL 11 , 1977 AT 7:00 P. M. PRESENT De~e B. Bailey, Chairman Vernon Thompson, Jr., Vice Chairman Mrs. LillianBond Walter B. Rutter Foy Ward V. Paul Scoggins~, Alternate Carl Zimmerman, Alternate Bert Keehr, Building Dept. Rep. ABSENT David W.. Healy, Secretary ~ (Excused) Stanley Weaver (Excused) Chairman Bailey and introduced Mrs. Eruse. the meeting to order at 7:00 P. M. of the Board, Mr. Keehr, and Communications Chairman Bailey ~ead a letter dated March 29, 1977, from Mr. Edward F. Harmening submitting his resignation on the Board of' Adjustment. Chairman Bailey read a memo from the City Clerk's office advising that ~. Stanley Weaver called advising that he would be unable to attend the Board meeting due to a prior committment. He added that Mr. Healy, the Secretary of the Board, had called him and was unable to attend due to ill- ness. Chairman Bailey ascertained the members had received their latest amendments to the Zoning Regulations. Chairman Bailey announced that a memo from the Recreation Department had been received in reference to the annual Summer Golf League and he passed this to the members. M~nutes of March 28, 1 977 Mr. Rutter made a motion to accept the minutes as written, seconded by Mr. Thompson. Motion carried 7-0. Mr. Ward then made a motion to accept Mr. Harmening's resig- nation, seconded by Mr. Rutter. Motion carried 7-0. ~hlic Hearing Parcel #1 - Lot 21, Less the West 14 ft. thereof and North Half of the 10 ft. abandoned alley R/W lying South of and adjacent to Lot 21, Less the West 14 ft. thereof, Arden Park MINUTES BOARD OF ADJUSTMENT APRIL 11, 1977 PAGE TWO Parcel #1 (Cont.) - Recorded in Plat Book 2, Page 96 Palm Beach County Records Address - 415 Railroad Avenue Request - Relief from 10,000 sq. ft. minimum lot area requirement to 6, 150 sq. feet Proposed Improvement- To construc'~t warehouses and offices Applicant - Jim Shanley representing Rose C. Shanley, Owner Mr. Rutter read the above application and advised it wasrre- quested because the site cannot be used under the pz~sent zoning requirements; it is land locked. Chairman Bailey asked if anyone was present representing the Shanleys and Mr. Jim Shanley appeared before the Board and stated his name and his address as 1313 S. W. 22nd Street. Chairman Bailey showed the members the site plan and then asked if they had any questions for ~. Shanley. ~. Thomp- son asked if the property was recently acquired and Mr. Shanley replied: yes and Mr. Scoggins added that it was deeded in January. Mr. Thompson asked if he had this purpose in mind when he purchased the property and Mr. Shanley replied: yes, he purchased the property with the intent to build as shown on the site plan. Mr. Ward asked if he knew this lot would not accommodate this building when he purchased it and Mr. Shanley replied that he was under the impression that the lot was sufficient.~ His architect looked at the property and drew a plan and they were under the impression that it would meet the requirements. Chairman Bailey asked if there was any other reason than the 10,000 square feet requirement for this to be before the Board and Mr. Eeehr replied: no. Chairman Bailey clarified that if the building was built as shown, it would.conform to all re- quirements and a variance is only needed for 10,000 sq. feet to 6,150 sq. feet and Mr. Eeehr agreed. ¥~. Ward asked if this had been approved by the other Boards and Mr. Keehr re- plied: no. Mr. Ward asked if there was enough area for park- ing, etc. and Mr. Keehr replied they did not know this fact as it is not tabulated unless a variance is granted. If addi- tional parking is needed, it must be given and could be done by reducing the building size. Mr. Ward clarified that the variance would not be granted for any parking and M~. Keehr agreed this was correct. Mr. Ward pointed out that five parking spaces were shown and Mr. Keehr replied that he could tabulate this now to see if it was correct. MINUTES BOARD OF ADJUSTMENT APRIL 11, 1977 PAGE THREE Mr. Thompson asked if he was told by the Building Department that he would have adequate space to build the building or if this information was given by some other source in City Hall and Mr. Shanley explained that his architect spoke to some- one in the Building Department and presented a site plan and was given assurance it was nicely laid out and would compli- ment the area and he was more or less given the go ahead. However, he was not there and this is the information which was given to him. ~. Keehr informed the Board that after studying the plan, there appe~s to be 2,400 sq. feet of area and under the pre- sent parking requirements, he would be required to have one parking space for 400 sq. feet of non-storage area which would require six spaces. He i~ sure some portion would be classified as storage and believes five p~rking spaces would be sufficient. H~. Ward clarified that this Board would not be granting any variance as far as parking. Mr. Keehr agreed and stated the variance would cover minimum lot area only. Mr. Ward asked who the architect was and ~o Shanley informed him it was Art K~sko of West Palm Beach. ~. Ward stated he was surprised he did not find out about the lot area and ~. Shanley informed him that ~. Ki~ko laid it out according to the setbacks and it was taken to the Building Department and the site shows the lot is 120 x 50 ft. He was given a verbal okay on the project. The building is 2,100 sq. feet and there was only a question regarding parking. The question was never raised about the size of the property not conform- ing. He was not told by the realtor and they knew their purposes. This came to him out of the sky. He was not aware of this fact and purchased the lot and cannot use it. Mr. Rutter clarified that the question was that the size of the building make adequate room for parking and the Board does not have anything to do with that. Chairman Bailey asked if anyone in the audience desired to spe~k in favor of this variance and received no response. He then asked if anyone desired to sp~ak in opposition and received no response. He added that no correspondence had been received. Mr. Rutter made a motion to grant the variance for the reason that the lot isllandlocked and he is willing to adjust for parking and the building is adequate. Mr. Thompson seconded the motion. Under discussion, M~s. Bend asked if the build- ing would be adjusted to accommodate for the lack of parking space and Chairman Bailey clarified that the variance~was for the ~ize of the lot. If thisDpasses, it will grant him permission to build on a non-conforming lot. Anything built must conformto the building code. This will only grant the right to build on the lot. Mr. $coggins added that they were MINUTES BO~D OF ADJUSTMENT APRIL 11', 1977 P~GE FOg~ not sure parking was a problem and Mr. Keehr agreed and added that this would be ironed out before a permit is su~d.~ Chairman Bailey added that if parking is a problem, he will have to apply before this Board again and request relief. As requested, Mrs. Kruse then took a roll call vote on the motion as ~ollows: Mr. Rutter - Aye Mrs. Bond - Aye Mr. Thompson - Aye ~. Ward - No Mr. Zimmerman - Aye .Mr. Scoggins - Aye Mr. Bailey - Aye Motion carried 6-1 o ~$~urnment Mr. Ward moved to adjourn, seconded by Mr. Rutter. Motion carried 7-0 and the meeting was properly adjourned at 7:20 P. M. Respectfully submitted, Suzanne Kruse Recording Secretary (One Tape)