Minutes 06-24-08
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD ON TUESDAY, JUNE 24, 2008, AT 6:30 P.M.
IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Shirley Jaskiewicz, Chair
Roger Saberson, Vice Chair
Matthew Barnes
Sharon Grcevic (arrived at 646: p.rn.)
Candace Killian
Steve Myott
William Poznak, Alternate
Mike Rumpf, Planning Director
James Cherof, City Attorney
ABSENT:
Jeff Lis
Amber Barritt, Alternate
Chair Jaskiewicz called the meeting to order at 6:30 p.m. She welcomed Mayor and
Mrs. Taylor, who were seated in the audience.
1. Pledge of Allegiance.
The members recited the Pledge of Allegiance to the Flag, led by Vice Chair Saberson.
Chair Jaskiewicz invited Mr. Poznak, board alternate, to sit at the dais, as Mr. Lis was
not able to attend.
2. Introduction of the Board.
Chair Jaskiewicz introduced the members of the board.
3. Agenda Approval.
· Remove Gulfstream Gardens, which was postponed until the next meeting.
· Chair Jaskiewicz requested Item F, Annual Capital Improvements Update, be
moved up to the beginning of the agenda, as the City staff member providing
the report would be leaving shortly.
· Chair Jaskiewicz requested language be added under Old Business indicating a
Utilities staff member would be present at the next meeting.
Motion
Mr. Poznak moved to accept the agenda as amended. Mr. Barnes seconded the motion
that passed unanimously.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
4. Approval of Minutes.
Motion
Mr. Saberson moved approval of the minutes as presented. Mr. Poznak seconded the
motion that passed unanimously.
s. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the April 22, 2008 Planning and Development
Board meeting agenda items.
Mike Rumpf, Planning and Zoning Director, noted the following items were heard at
the June 17, 2008 City Commission meeting:
. City Towing request to amend the Comprehensive Plan Future Land Use Map and
abandonment of the alley with respect thereto were approved.
. Comprehensive Plan text amendments involving a Water Supply Facility Work
Plan were approved for forwarding to the Department of Community Affairs
(DCA) for review.
. Land Development Regulations Rewrite, Group 5 of the in-house project, was
approved.
Mr. Rumpf noted he was contacted by Mr. Lis, indicating he had a work-related conflict
and could not attend the meeting. Mr. Lis requested this be relayed to the board.
6. Old Business
Chair Jaskiewicz noted questions had arisen regarding the potential for an additional
water supply for the City of Boynton Beach. She inquired whether the board members
would be interested in having an expert from the Utilities Department appear at the
next meeting to provide insight and answer questions. The board indicated their
interest, and Chair Jaskiewicz advised she would extend an invitation to the staff
member.
7. New Business
Palm Bach Memorial Park (ANEX 08-001)
Palm Bach Memorial Park (LUAR 08-002)
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
These two items have been withdrawn per the applicant's request.
F. Annual CaDitallmDrovements UDdate (taken out of order)
1.
PROJECT:
AGENT:
DESCRIPTION:
Annual Capital Improvements Update
City Initiated
Request to transmit the 2008 update of the
Capital Improvement Element of the
Comprehensive Plan (Large Scale
Amendments, second round of 2008).
Hanna Matras, Senior Planner, noted this item was presented to the board for
recommendation to the City Commission, even though the board had not participated in
the process. In the past, the capital improvements schedule was not a part of the
capital improvements element, but was included as a support document. Pursuant to
new requirements set forth in F.S., Chapter 163, it was now required to be included in
the Comprehensive Plan and updated annually. The City's Code required the board to
participate in the Comprehensive Plan Text Amendments review and recommendation
process to the City Commission. Since the 2007 update was adopted in 2008, the DCA
requested the City's 2008 update be transmitted in the second round of the 2008
Comprehensive Plan Amendments. The City's capital improvement schedule was in
preliminary form and would probably be submitted to the City Commission in October.
Any changes directed by the City Commission would be made at that time.
Chair Jaskiewicz expressed concern with regard to the Boundless Park project, which
did not appear to be included in the capital improvement schedule. Ms. Matras replied
the Boundless Park project would be financed from grants and fundraising. Per Chapter
163, the DCA required that for the first three years of the capital improvement
schedule, revenues were assured for any anticipated expenditures. Ms. Matras would
clarify Chair Jaskiewicz's concern with the appropriate department.
James Cherof, City Attorney, administered the oath to all who would be testifying.
A. Gulfstream Gardens
Master Plan Modification (Postponed to next meeting)
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard.
Request for Master Plan modification to update
the proposed unit type from townhouse units
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Planning and Development Board
Boynton Beach, Florida
June 24, 2008
to rental units; to eliminate one (1) access
driveway; and to revise layout, project
circulation, and associated parking areas.
Gulfstream Gardens
Maior Site Plan Modification (Postponed to next meeting)
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B. Boynton Lofts
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard.
Request for Major Site Plan modification to
revise the type of housing approved from
308 townhouse units to 308 multi-family
rental units; to eliminate one (1) access
driveway; to unify and expand recreational
amenities; and to modify layout and design
of buildings and associated parking areas.
Boynton Lofts (SPTE 08-004)
Bradley Miller, Miller Planning Consultants, Inc.
James A. Seifert, Addison Properties of South
Florida, Inc.
623 South Federal Highway
Request for a third one-year site plan time
extension (NWSP 05-008 and HTEX 05-001)
for a mixed-use project consisting of 48
condominium units and 3,096 square feet of
retail space on 1.21 acres approved on
April 19, 2005, thereby further extending the
second site plan and height exception
approvals from April 19, 2008 to April 19,
2009.
Ed Breese, Principal Planner, reviewed the request. The site plan time extension and
height exception for the project were approved by the City Commission in April 2005
and modified in a minor site plan modification in 2007. The original site plan staff
report indicated the project was approved with 48 condominium units, office and retail
space. The modification to the plan reduced the site by one floor, reduced the retail
space, and eliminated the office space. The 40 condominium uses were retained. Mr.
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Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Miller noted in his request that the downturn in the residential market had slowed the
project. He was exploring other avenues which might make the project feasible,
including reducing the square footage of the units, seeking incentive funding from the
CRA and considering a workforce housing component to the project.
Criterion for reviewing site plan time extensions required compliance with concurrency
regulations. The applicant would need to submit a new traffic concurrency letter, as
the current letter indicated the project build-out date was at the end of 2008, and that
could not be accomplished. The utility reservation fee on the project was due, and
without this fee the City could not guarantee the capacity would be available at the time
the project was ready to move forward.
Major alterations in the City's zoning regulations had occurred since the site plan was
originally approved, and was originally adopted concurrent with a rezoning to Mixed
Use-Low (MU-L). MU-L has now become MU-Ll, MU-L2 and MU-L3. The area in which
this project would be built was designated for MU-L2 and as such, would comply with
height requirements. The density, however, would not be in compliance with the MU-
L2 and would have 12 more units than allowed. The project would have been subject
to the sky exposure plane regulations which were adopted shortly after the project was
approved. While the building did not meet this objective totally, it did have some step-
ins and pop-outs in the building, and staff believed the design would be in close
compliance with the sky exposure plane.
Staff acknowledged inconsistencies with the project with the new MU-L2 zoning, but
recommended approval for the site plan time extension, the new site plan as modified
by the minor site plan in 2007, and the height exception.
Bradley Miller, Miller Planning Consultants, Inc., explained the initial revisions of the
minor modification previously approved were an attempt by the developer to obtain
funding, which was based on percentages of sales. The owner had researched various
ways of marketing the project. Mr. Miller had no objection to the three conditions of
approval.
A question arose as to the City's rationale for locating the property in a non-conforming
zoning district. Mr. Breese explained the MU-L zonings had not been revoked and the
project could still be built as approved. Additionally, the MU-2L would decrease the
height from 75 feet to 65 feet. The density was a bit less than what it would have been
in MU-L3; however, staff believed this was compatible with MU-2 zoning projects.
If only minor modifications were made to the project, Mr. Breese believed the applicant
could retain the 12 units; however, the property would be rezoned to MU-L2 and all
regulations would be enforced.
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Planning and Development Board
Boynton Beach, Florida
June 24, 2008
It was suggested the board be provided with another opportunity to view the
elevations, and if there was any activity on the project, staff could encourage the
applicant to provide the project with greater style to counter its current "boxy"
appearance. Added glass or contemporary design features could also be considered to
trigger a loft look.
It was suggested "minor" modifications be removed from condition #1. Mr. Rumpf
indicated staff might tweak this condition in its recommendation to the City
Commission.
Motion
Mr. Myott moved to extend the site plan approval, subject to all staff comments and to
add an additional comment that the exterior design elements would be improved prior
to submitting for building permits. Mr. Barnes seconded the motion that passed
unanimously.
c. Holiday Inn Express
Maior Site Plan Modification
Mr. Breese requested both items be consolidated for the presentation, with individual
motions to be made for each item. The board had no objection.
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Holiday Inn Express
HeiGht ExceDtion
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Holiday Inn Express (MSPM 08-003)
John Garra, Square One Architecture, Inc.
Victoria Richman, University Holdings
480 West Boynton Beach Boulevard
Request for major site plan modification
approval to alter the facade of the existing
hotel with exterior enhancements of the
existing structure with a decorative parapet
and roof features.
Holiday Inn Express (HTEX 08-001)
John Garra, Square One Architecture, Inc.
Victoria Richman, University Holdings
480 West Boynton Beach Boulevard
Request for height exception to allow
screening of roof-top equipment (designed
as a decorative tower) with a mean roof
height of 52 feet, a distance of 7 feet above
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Planning and Development Board
Boynton Beach, Florida
June 24, 2008
the 45 foot maximum height allowed in the
C-3 zoning district.
Mr. Breese explained University Holdings proposed to alter the exterior facade of the
Holiday Inn Express at 1-95 and Boynton Beach Boulevard by removing the mansard
roof and replacing it with a parapet and decorative cornice, placing gable roofs over
every other column of windows and putting a decorative tower on the roof to screen
the mechanical equipment at the east end of the building. The alterations were defined
as major as a result of the height of the tower structure, and would require a 7 foot
height exception. The building would remain four stories tall. The parapet would be 38
feet, 3 inches. The gable roofs would be 40 feet, 7 inches.
The proposed decorative tower would not appear to cause any difficulty with the
existing land uses or proposed land uses in the area. Additionally, the hotel was
surrounded on three sides by a right-of-way and did not have immediate adjoining
properties. The tower itself constituted 2% of the hotel roof and would not be a
detriment to light or air to any adjoining properties.
The applicant had indicated the building colors and stone veneer would remain the
same. The changes were outlined earlier with the roof line. The gable roof and hip
roof over the top of the decorative tower were proposed as a standing seam metal roof,
with a galvalume (natural aluminum) finish. Staff had concerns regarding the finish on
the roofs, as the porte cochere roof and tower on the east building currently were
currently blue. The applicant indicated the owner was not in a financial position to
change all the roofs to the galvalume finish and requested they be given a few years to
accomplish this. Staff placed a condition of approval that the roofs all match at the
conclusion of the project.
The applicant also proposed to utilize a new signage concept, placing the signs on the
north and west building elevations on the new parapet. They also proposed to replace
the Holiday Inn sign on the easternmost wall along the porte cochere with a cabinet
sign. In the conditions of approval, staff also recommended the cabinet sign be
changed to individual channel letters to produce the appearance of a smaller sign. Staff
recommended approval of the height exception, as well as the major site plan
modification, with the conditions as noted in Exhibit C, Conditions of Approval.
John Garra, Square One Architecture, agreed with the recommendations except for
the roof color. He would prefer the galvalume or metal roof in order to remove the
corporate branding colors from the building. Additionally, the long-term plan was to
apply the metal color to all the roofs in approximately four years as a result of
budgetary constraints.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Chair Jaskiewicz noted she was pleased with the features added. The changes to the
facade softened the view from 1-95, and the tower affect provided identity and
refi nement.
Board discussion ensued. Suggestions included:
. Correcting the roofs, ensuring coordination of the colors.
. The project contained too much yellow. While design elements were added,
other considerations could include accent paint colors, decorative metal work in
the openings in the tower, and the addition of outriggers under the soffit.
. The building, situated at a major roadway, had been in disrepair for a number of
years, and the project would be worthwhile if sufficient changes were made.
. The applicant's enhancement of the design and bringing it back to the board
next month.
. Placing a condition on the approval requiring 24 months to update the existing
porte coochere cover to match the new cover on the western building.
Mr. Garra noted the owner's budget had reached almost $250,000 and would be
subject to the Art in Public Places requirement. As such, he believed the artwork could
be integrated into the tower panels.
In reviewing the conditions of approval for the major site plan modification, Mr. Garra
objected to condition #3, noting this would have to be addressed by the owner. Mr.
Garra was working with a landscape architect regarding condition #1, which would be a
requirement of the permitting process.
Discussion ensued as to the impact of the Art in Public Places requirement and the
manner in which improvements could be incorporated into the project. A suggestion
was to enhance the tower, which would be preferable to the placement of a metal
sculpture in the yard. Another suggestion was to design a more decorative fence.
Motion
Mr. Poznak moved that all of the recommendations made by this board be part of the
approval. The board's recommendations include the addition of decorative metal work
in the tower, architectural details and/or color accents to improve the overall
appearance of the project, as well as the eight conditions of approval, and any
conditions required by the City Commission. Ms. Grcevik seconded the motion that
passed unanimously.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Mr. Garra noted the changes would be implemented prior to the next City Commission
meeting.
Attorney Cherof asserted once the City Commission acted on the matter, and unless the
City Commission sent it back before the board, the board would be unable to take
further action. Chair Jaskiewicz suggested a board member attend the City Commission
meeting in order to address this item.
Motion
Mr. Myott moved to approve the request for height exception to allow screening of roof-
top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a
distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district.
Mr. Poznak seconded the motion that passed unanimously.
D. M-1 Corridor Uses
Code Review
1.
PROJECT:
M-1lndustrial Zoning District - Corridor
Uses (CDRV 08-003)
City initiated
Request for amendments to the Land
Development Regulations, Chapter 2. Zoning
Section 8-A. M-l Industrial District, to add
provisions and regulations for selected
industrial and non-industrial uses of properties
that front an arterial or collector roadway.
AGENT:
DESCRIPTION:
Attorney Cherof administered the oath to all who would be testifying.
Chair Jaskiewicz, Ms. Grcevik, Mr. Barnes and Mr. Myott disclosed that they met with
Mr. Weiner. Mr. Saberson disclosed that he spoke to Mr. Weiner on the telephone.
Mr. Rumpf explained the proposed amendment would:
. Allow selected commercial and retail uses on properties zoned M-1 and located
along major corridors;
. Allow selected industrial and other uses with retail or commercial components
along such corridors; and
. Exclude heavy industrial and commercial uses from these corridors.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
The principal area affected by the proposed amendment would be South Congress
Avenue, which was the only arterial roadway flanked by the M-1 zoning district, and
stretched between the L-28 and L-30 canal, approximately one mile, excluding the
rezoned property to the south end.
Redevelopment was not anticipated, with the exception of a vacant parcel on the
northern end. Mr. Rumpf identified the uses that had occupied buildings in the area,
which included home improvement, self-storage and contracting. Retail stores were
accommodated as a result of warehousing and wholesale components.
The project had been supported by repeated findings, beginning in 1989 when the
Comprehensive Plan identified the corridor and the types of businesses, which included
home improvement products and services. It recommended similar businesses be
accommodated and allow additional commercial or retail components, and supported
aesthetic recommendations.
In 2002, staff conducted the South Congress Avenue Corridor Study which preserved
industrial land and considered an overlay district with design criteria and the types of
uses.
In 2006, the Mellgren Study was conducted which focused on preserving existing
industrial land, the creation of flex space, and LDRs to address aesthetics and
com pati bil ity.
The 2007 draft of the LDR rewrite included the draft LDR zoning matrix and was
reviewed by the board in its entirety. The draft introduced non-industrial uses and
industrial-commercial uses for corridors, while prohibiting incompatible uses.
Recommendations included:
. Adding limited commercial-retail uses to the corridor and providing for
restrictions on commercial-retail uses.
. Limiting industrial uses while allowing additional commercial uses.
. Increasing prohibited uses to protect the corridor appearance, enhancing
commercial attributes and improving compatibility of corridor uses.
. Establishing sign standards to decrease maximum heights to protect the corridor
appearance.
Summary points included:
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
. Minimum parking requirements for built properties could restrict commercial use
of the buildings, based on first-come-first served options. Staff could break down
an individual leasable space to allow for the application of different ratios.
. Staff recommended a minimum space for showrooms.
. Office use had been excluded in order to maintain a balance of complimentary
type uses for immediate convenience and food for employees, residents and
students.
. The recommendation for collector roads would be removed, leaving only the
arterial roadway classification.
. Staff would work with the Legal Department to develop language regarding
grandfathering non-conforming uses, such as car washes and self-storage
businesses.
Mr. Rumpf noted staff would work with the Legal Department in the preparation of the
ordinance. He pointed out the existing prohibited uses would continue; however, any
use not listed in the two groups would be excluded from corridor properties. The uses
would require some type of open showroom area and retail space. The text amendment
would require the initiative of the board, the City Commission and/or staff. The public
could not file without the consent of a majority of property owners affected by the
proposed amendment.
Chair Jaskiewicz invited public comments.
Michael Weiner, 10 SE First Avenue, Delray Beach, appeared on behalf of the owners
of 320 South Congress. He was not in accord with the elimination of professional and
medical offices. He reviewed an article entitled Industry Output and Employment
Projections to 2014, which cited statistics in the professional and business service
sectors. A copy of the article is on file in the City Clerk's office. He contended
professional office space was in keeping with the market environment in the area and
would not be more parking intensive than other uses proposed. He provided a copy of
the yd Edition of the Institute of Transportation Parking Generation, which dealt with
parking demands for medical and dental offices, as well as convenience stores and fast-
food restaurants. A copy is on file in the City Clerk's office.
Mr. Weiner did not believe the amendment assisted with second-floor space. He noted
potential tenants were turned down for occupancy at 320 S. Congress Avenue, while
the building had an occupancy rate of only 30%. He contended the corridor would not
be viable without professional office and medical space included in the overlay, and the
City would be causing a disincentive for investment in the area.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Board discussion ensued. Comments pertained to:
. Preservation of land use distribution.
. Increasing the use list subject to distance separations for residential uses.
. Determining occupancy rates of the building.
. Rezoning of industrial land and concerns relating to excess residential areas.
. The current market would not support many of the proposed industrial uses, but
would utilize professional offices to a greater extent.
. Mixed-uses were appropriate but should also be aesthetically pleasing.
. With regard to use of the second floor of the existing building at 320 South
Congress, it was suggested an exception be made to fill the space with offices,
as long as parking requirements were not exceeded.
Jeffrey Douglas, 2 Barefoot Lane, Lantana, accompanied Mr. Weiner. He reviewed a
list of tenants in the building, as well as those who were not permitted. He noted office
space on the second floor and bottom floor would be helpful. Messrs. Weiner and
Douglas would like the opportunity to fill or exceed their parking spaces and had in
mind strategies if the use were approved. They currently had 59 parking spaces and
could obtain another 25 spaces. They were proposing multi-uses for the complex,
including professional offices.
Discussion ensued regarding:
. Rezoning the property or adding the office component as a conditional use within
the zoning regulation.
. Adding the office component as a second floor use rather than a conditional use.
. Staff identified the types of uses in the various districts, and general office uses
would not be in one zoning district, but rather in a commercial or office district.
. Staff had come up with additional uses, some of which were the very uses
denied in the past, which could now occupy the building.
. The corridor was unique and many people working in the area could benefit from
professional or office services.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
There was discussion with respect to implementation of a specific use condition to
assist Mr. Weiner's client in leasing the building. Attorney Cherof reminded the board
that the agenda item did not call for a site specific discussion and would not be
appropriate in the context of staffs presentation.
Mr. Rumpf noted this project had been expedited in order to assist the property owner.
Messrs. Weiner and Douglas indicated they would be amenable to the use of the first
and second floors.
Motion
Mr. Saberson moved to approve staffs request for amendments to the Land
Development Regulations, Chapter 2. Zoning Section 8-A. M-l Industrial District, to add
provisions and regulations for selected industrial and non-industrial uses of properties
that front an arterial or collector roadway, with the exception that professional offices
be allowed on second floors in buildings along the corridors. Ms. Grcevik seconded the
motion that passed unanimously.
E. Administrative Adjustment Revisions
Code Review
1.
PROJECT:
Administrative Adjustment Revisions
(CDRV 08-004)
City initiated
Request for amendments to the LDR,
Chapter 2. Zoning, Section 5, making all
properties developed for single-family homes
eligible for administrative setback adjustments
regardless of date of platting.
AGENT:
DESCRIPTION:
Mr. Breese advised in 2005, staff brought forward a Code amendment to allow greater
flexibility in staffs ability to process home additions without individuals having to go
through the variance process. At that time, staff utilized the date of the last rewrite of
the LDR for matters that could be handled administratively and matters that required
Commission action.
The requested amendment would further previous Commission action and better
accommodate the needs of residents to expand their living areas without the need for a
variance. All lots within single-family residential zoning districts would be eligible for
administrative adjustments for setbacks, not just those lots platted prior to 1975. Staff
had received several requests from individuals who had lots platted after 1975. Staff
reconsidered the necessity of utilizing this date as opposed to the standard language of
"...the effective date of the adoption of this ordinance." With the removal of the 1975
requirement, there were only 415 additional lots that could currently be handled
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Planning and Development Board
Boynton Beach, Florida
June 24, 2008
through an administrative adjustment at staff level. Therefore, staff was requesting the
1975 provision be removed, with the effective date being the date of the adoption of
the ordinance.
Discussion ensued as to notice requirements. Mr. Breese noted the Code required a
notice be sent to abutting property owners. However, staff allowed individuals to
request the adjustments as long as they provided a signed consent from the abutting
property owners, or proof of notice. If a neighbor objected, a decision would be made
administratively, and the applicant would be required to meet the criteria of the
administrative adjustment.
Motion
Mr. Poznak moved to approve the request. Mr. Myott seconded the motion that passed
unanimously. The meeting adjourned at 9:13 p.m.
8. Other
None
9. Comments by members
None
10. Adjournment
Motion
Mr. Poznak moved to adjourn. Ms. Grcevik seconded the motion that passed
unanimously.
~DI-
Stephanie D. Kahn
Recording Secretary
070108
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