Loading...
Minutes 03-19-98 (2) MINUTES OF THE BUILDING BOARD OF ADJUSTMENT & APPEALS MEETING HELD IN WEST WING CONFERENCE ROOM “C”, BOYNTON BEACH, FLORIDA ON THURSDAY, MARCH 26, 1998 AT 6:30 P.M. PRESENT Richard Kurtz, Vice Chairman Don Johnson, Deputy Building Melvin Sternbach Official Milton Russell Mike Pawelczyk, Asst. City Attorney Michael Bessell Robert Mulroy, Alternate ABSENT Barry Goldman, Chairman A. Malek Abdallah Robert Zimmerman A. CALL TO ORDER – Richard Kurtz, Vice Chairman In the absence of Chairman Goldman, Vice Chairman Kurtz called the meeting to order at 6:40 p.m. B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Vice Chairman Kurtz acknowledged the members who were present, Don Johnson, Deputy Building Official, Attorney Pawelczyk and the recording secretary. He also acknowledged the presence of the applicant. C. APPROVAL OF AGENDA & MINUTES (Minutes of 2/19/98 Meeting) Mr. Sternback moved to approve the minutes of the March 19, 1998 meeting. Mr. Mulroy seconded the motion that carried 6-0. Mr. Sternback questioned whether there was a requirement for these meetings to be held at 6:30 p.m. or whether they could begin at 7:00 p.m. Mr. Johnson explained that there is no requirement related to the time of the meeting. However, the members selected the 6:30 p.m. time slot. There was a time in the past when the meetings began at 6:00 p.m.; however, to his knowledge, the meetings have never commenced at 7:00 p.m. Mr. Mulroy moved to approve the agenda as presented. Mr. Russell seconded the motion that carried unanimously. D. OLD BUSINESS: None 1 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT & APPEALS BOYNTON BEACH, FLORIDA MARCH 26, 1998 E. NEW BUSINESS: Attorney Pawleczyk administered the oath to Messrs. Don Johnson and Steve Snyder. Applicant: Steve Snyder PBC Department of Environmental Resources Management Reference: 3400 South Seacrest Boulevard Explanation: Relief from Section 401.2.2 and Table 407,, Standard Plumbing Code, 1994 Edition, which requires one water closet & lavatory for men and one water closet & lavatory for women and one drinking fountain at the location Mr. Johnson read his letter dated March 18, 1998 explaining the applicant’s request and the Code requirements with respect to this application for relief. He reminded the members that Footnote #6 does not apply for this building since it is a building of Public Use. Steve Snyder, representing the Palm Beach County Department of Environmental Resources Management, displayed an aerial map depicting the area involved (Seacrest Scrub). This is a 50-acre site of environmentally sensitive lands with very limited Public Use facilities. There are similar sites throughout the County and no restroom facilities are planned for construction. Most of the site will be visited along a planned nature trail. There is a concrete path approximately 900' long. The only structure on the site will be an information kiosk containing a billboard that provides information about the plants and animals on the site. Since surrounding neigborhood people would visit the site, it is believed these people will take care of their needs before visiting the site. For those who are visiting from a distance, the Aquacrest Pool facility is located ¼ mile from the site. This site has historically been a haven for vagrants. Permanent public facilities would encourage vagrants to continue that practice that could present a potentially dangerous situation since this site will not be patrolled on a regular basis. Another reason for not providing a restroom is cost. A public restroom facility would cost approximately $75,000 in addition to custodial and replacement costs (approximately $3,500 per year). The County intends to submit an application for the Rosemary Scrub that is located just west of Miner Road and Seacrest Boulevard. This is a small site of not more than 12 acres. The County will be treating that site in the same manner. However, that site will only be visited upon “special request”. Mr. Snyder pointed out that most of the other parks in the City have restroom facilities. However, some of the sites do not. He referred to Boynton Lakes Park located at 300 Boynton Lakes Boulevard. That facility has a playground and a structure and is a site approximately 20 acres in size. In addition, Palmetto Greens Park, located on the south side of the C-16 Canal, has structures and no restroom facilities. Mr. Snyder feels these two parks are similar applications to his request. He requested that the board members consider the County’s constraint with money and the fact that there will be low public use of this facility. 2 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT & APPEALS BOYNTON BEACH, FLORIDA MARCH 26, 1998 Mr. Sternbach pointed out that we would be in a very serious situation if we believed that everywhere a restroom is constructed, we would have to deal with vagrants. He explained that children will be visiting this facility and will have to use the facilities. When Mr. Snyder recommended that they use the Palm Beach County facilities at Aquacrest Pool, he pointed out that it would be extremely difficult given the distance from this site. Mr. Bessell added that the public facilities at Aquacrest Pool are ½ mile away from this site. Mr. Snyder said the County’s management plan has no provision for public facilities. It would take a great deal of time to modify the master plan to incorporate those facilities. He explained that the County would be sensitive and act if there is a need for public facilities at a future date. Mr. Bessell pointed out that Boynton Lakes Park and Palmetto Greens Park are neighborhood parks. The site in question is not a neighborhood park. Children will be bused in to visit this facility. Mr. Johnson reminded the members that the application for Boynton Lakes Park came before this board. The City of Boynton Beach was the applicant. The City representative explained that the City was working in conjunction with the Boynton Lakes Homeowners’ Association. In that location, there is a clubhouse directly across from the entrance to this park. The board granted relief because the park was a dawn to dusk facility with restroom facilities available at the clubhouse. With regard to Palmetto Greens Park, bathrooms are currently under construction. In Vice Chairman Kurtz’ opinion, this is not a park. He noted that there are only 10 parking spaces at this site. Mr. Snyder indicated visitors would be bused into the site. He does not feel the public will spend very much time at this facility. Attorney Pawelczyk reminded the members that this application should be considered on its own merit. He requested that the members not base their decision on any other situation because there is no relevance between this case and any other in the past. In response to Mr. Mulroy, Mr. Snyder advised that if the County is required to construct the public facilities there is area available on both sides of the parking area. He again reminded the members that walking this trail would not take more than approximately five minutes. Mr. Snyder said the entire facility is fenced with chain-link fence around three sides and post and rail fencing along the front. Motion Mr. Mulroy moved to grant relief to the applicant from the Plumbing Code. THE MOTION DIED FOR LACK OF A SECOND. Motion Mr. Bessell moved to grant the applicant relief to build only one unisex bathroom. Mr. Sternbach seconded the motion. 3 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT & APPEALS BOYNTON BEACH, FLORIDA MARCH 26, 1998 Mr. Johnson questioned whether or not the board intended to eliminate the requirement for the drinking fountain. Mr. Bessell responded negatively and requested that the construction of a drinking fountain be included as part of his motion. Mr. Sternbach agreed to the inclusion of this item in the motion. Attorney Pawelczyk confirmed with Mr. Johnson that instead of two bathrooms, the board is granting relief for the applicant to construct one unisex bathroom. Therefore, there is no relief from Section 401.2.2. Mr. Sternbach questioned whether the board could attach a proviso that if the second bathroom is needed, the County will be required to construct it. Attorney Pawelczyk responded affirmatively, but explained that it would be very difficult to determine who would interpret when it would be needed. When Vice Chairman Kurtz questioned whether the maker of the motion wished to amend the motion to include Mr. Sternbach’s suggestion for a proviso, Mr. Bessell responded negatively because he does not feel the City would be able to enforce that proviso. The motion carried 3-2. (Vice Chairman Kurtz and Mr. Mulroy dissented.) F. ANNOUNCEMENTS: None G. ADJOURNMENT There being no further business to come before the board, Mr. Sternbach moved to adjourn the meeting. Mr. Russell seconded the motion that carried unanimously. The meeting properly adjourned at 7:10 p.m. Janet M. Prainito Deputy City Clerk (One Tape) jmp 10/3/08 4:44 PM j:\shrdata\cc\wp\minutes\bbaa\032698.doc 4