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Minutes 02-19-98 1 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 2 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 3 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.