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Minutes 05-22-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSIONER CHAMBERS, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 22, 2001 AT 7:00 P.M. PRESENT ALSO PRESENT Lee Wische, Chairman William Cwynar Robert Ensler Mike. Fitzpatrick Woodrow Hay Maurice Rosenstock Ed Curder, Alternate Mike Friedland, Alternate (left dais when Mr. Rosenstock arrived at 7:07 p.m.) Mike Cirullo, Assistant City Attorney Mike Rumpf, Planning & Zoning Director ABSENT Steve Myott I. PLEDGE OF ALLEGIANCE TO THE FLAG/ Chairman' Wische called the meeting to order att7j' :02 p.m. and led the Board in the Pledge of Allegiance to the Flag. A quorum was present. II. INTRODUCTION OFTHEBOARD Chairman Wische introduced the Board members, Assistant City Attorney Mike Cirullo, and Mike Rumpf, Planning & Zoning Director. III. AGENDAAPPROVAL Motion Mr. Fdedland moved to approve the agenda, which was seconded by Mr. Hays and carried 7-0. IV. APPROVAL OF MINUTES Motion Mr. Hays moved to approve the minutes of the Apdl 24, 2001 and May 9, 2001 meetings. Mr. Cwynar seconded the motion that carded 7-0. Meeting Minutes ...... Planning & Development Board Boynton Beach, Florida May 22, 2001 V. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report Mr. Rumpf reported on the disposition of the following items by the City Commission at their MaY 15, 2001 meeting: 1. The Boynton Beach Masonic Lodge Day Care Center in Quantum Park PID was approved. Rezonings for the two Scrub sites, the Rosemary Scrub and the SeaCrest Scrub, Were approved at first reading and will moVe forward to second reading. VI. NEW BUSINESS A. Public Hearing Assistant City Attorney Mike Cirullo administered the Oath to all who would be testifying at the meeting. Zoning Code Variance 1. Project Name: Boyce Variance, 937 S.W. 34~ Court Agent: Owner: Location: N/A Janet Boyce 937 S.W. 34"~ Court (Lots #4 & 5, Block 2, Lake Eden Subdivision) Description: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a, to allow a 19 foot variance from the twenty-five (25) foot rear yard setback required in the R-1-AAB zoning district resulting in a 6 foot rear yard setback. Janet Boyce, 937 S.W. 34~' Court, Boynton Beach, came to the podium and identified herself. Chairman Wische noted that, for the record, Staff had recommended denial of this request. He offered Ms. Boyce an opportunity to give reasons in favor of granting the vadance. Ms. Boyce stated she hoped to get a variance saying that it was not an eyesore, the neighbors had approved it, and it was in the best possible location on the lot. She stated that their contractor had not been involved in their decision to build the structure, Meeting Minutes Planning & Development Board Boynton Beach, Florida May 22, 2001 a tennis court cabana to be used for sitting in the shade and having drinks after tennis. She said they were unaware that they needed a permit to erect the structure when her son helped her husband build it. Forrthe record, Mr. CirullO clarified that the applicants had to first obtain.a variance to allow th placed where it was on their lot. If that were approved, they h the City's permitting process, which would include as,built drawings and plans.; comments from Engineering, inspections, and final approvals. They could not go through this process without first obtaining this variance. Chairman istributed some photos staff had taken of the tennis court cabana. Mr. Ensler co ~ the building in question was the structure open on ali four sides at the end of the ddveway and asked Ms. Boyce why they had chosen to place the cabana at the end of the driveway and not beside the tennis court itself?. Ms. Boyce replied that they believed that the area next to the tennis court had telephone cables buded in it. They had cut some of them when they had erected the garage. When they permit they came in to the Planning and Zoning were advised to request a variance, which have FPL check: the status of the utility ea said there were no cables in the area of the tt the utility lines probably extended through the Mr. RUmpf who stated that utility upied or used for purposes of by FPL that identified the location of a specific utility and six feet of it runs along the north side of this property, mi, the tennis cabana. It appeared to Mr. Rumpf that the tennis cabana f easement. Messrs. Hay and Rosenstock, though sympathetic to the fact that the building had already been erectedi did not perceive any hardship in this case. Hurricane season was cited and the need to have buildings comply to the Code for purposes of safety to self and others. Mr. Ensler asked Mr. Rumpf if any distinction was made in the granting of a variance based on the nature of the structure? Mr. Rumpf replied that the City's Code was not performance based but structure/element based. There was ~a section in the Code that was entitled "Other Structures" with a detailed list of several examples. If one had a storage shed, or other ancillary structure, it had to be less than 5 or 6 feet high and 100 square feet or less. Mr. Cirullo said that anything above the ground would probably require some sort of setback. The Board asked Mr. Rumpf if other variances had been granted in this area previously? Mr. Rumpf stated that of all the variances that had been granted, and there had been several in the area, none were for ancillary structures. The Board asked about the feeling of the neighbors about the structure? Mr. Rumpf replied that staff had received a letter of support signed by five nearby residents, including the adjacent owner (to the north) and the property owner residing across the street. Meeting Minutes Planning & Development Board Boynton Beach, Florida May 22, 2001 There being no further comments, Chairman Wische closed the public hearing. Motion Mr. Cwynar moved that the Boyce variance from the City of Boynton Deve Chapte~ minimum of twenty-five yard Mr. Ensler dissenting. BeachLand foot Chairman Wische reiterated for recommendation to the City Commi but that the City CommiSsion would make the final determination: Viii. COMMENTS BY MEMBERS Mr. member. The was more of a zone and how:many limit SO it ninl intrusiOn. IX. ADJOURNMENT There being no further business to come before the Board, the meeting was duly adjourned at 7:30 p.m. Respectfully submitted, Recording Secretary (one tape) 4