Minutes 02-19-98
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MINUTES OF THE BUILDING BOARD OF ADJUSTMENT & APPEALS MEETING
HELD IN COMMISSION CHAMBERS CITY HALL, BOYNTON BEACH, FLORIDA
ON THURSDAY, FEBRUARY 19, 1998 AT 6:30 P.M.
PRESENT
Barry Goldman, Chairman Michael Bessell
Abdallah Malek Robert Zimmerman
Richard Kurtz Robert Mulroy
Melvin Sternbach Don Johnson/Deputy Building Official
Milton Russell Michael Pawelczyk/Asst. City Attorney
A. CALL TO ORDER - Barry Goldman, Chairman
Chairman Goldman called the meeting to order at 6:30.
B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
The roll was called. All members were present.
C. APPROVAL OF AGENDA & MINUTES OF NOVEMBER 6, 1997
The motion was made and seconded to approve the agenda and the
minutes of the November 6, 1997 meeting. The motion carried
unanimously.
D. OLD BUSINESS
ELECTION OF VICE CHAIRPERSON
A motion was made, seconded and carried unanimously to elect
Richard Kurtz as Vice Chairperson.
E. NEW BUSINESS
Applicant: Dean E. Draluck. D.C.
Reference: 1602-2 South Federal Highway
Explanation: Relief from Table 407 of the Standard Plumbing
Code, 1994 Edition, which determines minimum
plumbing fixtures required for a building or
occupancy.
Mr. Johnson referred to his letter addressed to Chairman Goldman
wherein he read the Code for Relief from Table 407 of the Standard
Plumbing Code to the members.
Dr. Draluck, the applicant is proposing to construct a
chiropractic office with a square footage of 1,457 square feet at
the Riverwalk Shopping Center. This will be run by a CA and
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himself. In it will be a adjusting rooms, one rehabilitation room
and a nutritional analysis room. Presently there is one restroom.
Dr. Draluck said the reasons for his appealing the code was that
it's not a symmetrical space, and was looking at space utilization
in accomplishing his goal. He said the technique that he uses in
chiropractic is individualized and different than others. That
with his scheduling procedure, there would be probably be five
patients in the office within a one hour's time; enough that a
unisex bathroom would be able to handle.
Dr. Draluck passed around an additional sketch produced by his
architect, consisting of a one-hallway design. He stated with the
space and symmetry of the office he has to work with, along with
his style of practice, and scheduling procedure, that it's not
going to cause a lot of traffic. He stated he's seen many
offices with over 1,400 square feet that have had no problem with
unisex restrooms. He stated that creating a second restroom would
change everything as far as what he'll need to accommodate
different things in the office.
Mr. Sternbach mentioned that he might have four or five patients
come in with spouses, kinds or even aides, which would double
amount of people in office at one given time.
Mr. Kurtz questioned the City's position. Mr. Johnson again
recited the code and stated that the City's position was to stay
with the Building Code.
Mr. Zimmerman questioned the estimated cost for installation of
complete restroom. Dr. Draluck stated an estimated $10,000.
Mr. Bessell questioned if there were public facilities for use in
the shopping center. Mr. Johnson explained there are no common
facilities. That each store is to have their own required
bathrooms.
MOTION
Mr. Bessell made motion that they grant a waiver for one year and
in that one-year period, Dr. Draluck put in a second restroom.
Mr. Johnson and Mr. Pawelczyk didn't feel that could be monitored,
and that they'd have enforcement problems once Dr. Draluck gets
his space ready with the CO.
There was no second and Mr. Bessell withdrew his motion.
MOTION
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Mr. Kurtz makes motion to grant this relief from Table 407. Mr.
Russell seconded the motion. Mr. Goldman requested a vote be made
and that they take an individual vote.
Those in favor were Mr. Kurtz, Mr. Zimmerman and Mr. Russell.
Those opposed were Mr. Bessell, Mr. Sternbach, Mr. Abdallah and
Mr. Goldman. The motion failed.
Mr. Bessell said he'd like to see the Doctor move in, but that he
feels his figures may be off for the installation of a second
restroom.
Mr. Kurtz said he's yet to see a doctor's office with a locked
door that they're not using that's unisex and that they're being
kind of tough on Dr. Draluck.
Mr. Russell explained that they're talking about 257 square feet
and based on Dr. Draluck's scheduling, the unisex restroom would
work. Mr. Goldman agreed with Mr. Russell and Mr. Kurtz on the
issue that, most physicians' offices he's seen have one restroom,
and that if Dr. Draluck is the only physician, it would not be too
much of a burden.
Dr. Draluck stated with his schedule, he couldn't see more
patients than what he stated per hour. He explained that he was
in the area to stay.
Mr. Bessell questioned if it was possible to work out something
with other tenants. Dr. Draluck said he planned on being very
friendly with everyone around.
MOTION
Mr. Bessell made a motion to approve Dr. Draluck's request.
Mr. Russell seconded the motion. The motion was carried
unanimously.
F. ANNOUNCEMENTS
None
G. ADJOURNMENT
There being no further business to come before the Board, Mr.
Goldman moved to adjourn the meeting. Mr. Sternbach seconded the
motion. The meeting properly adjourned at 6:59 p.m.