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Minutes 10-24-96 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN CONFERENCE ROOM A, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, OCTOBER 24, 1996, AT 6:30 P.M. PRESENT A. Malek Abdallah, Chairman Al Newbold, Deputy Building Official Richard Kurtz Michael Pawelczyk, Assistant City Milton Russell Attorney Melvin Sternbach Robert Zimmerman Michael Bessell, Alternate Robert Mulroy, Alternate ABSENT Barry Goldman, Vice Chairman Oris Walker A. CALL TO ORDER Chairman Abdallah called the meeting to order at 6:30 p.m. B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS The Recording Secretary called the roll. Mr. Newbold advised that Vice Chairman Goldman telephoned to advise that he had a medial emergency. Both alternate members sat as voting members. Also present were James Walker, Pastor Dan Foster, and Donna Nelson. C. APPROVAL OF AGENDA AND MINUTES OF 11/9/95 AND 8/15/96 MEETINGS No additions, deletions, or corrections were made to the agenda or the minutes of the November 9, 1995 and August 15, 1996 meetings. Motion Mr. Russell moved to approve the minutes of the November 9, 1995 and August 15, 1996 meetings. Mr. Sternbach seconded the motion, which carried unanimously, except Messrs. Kurtz, Mulroy, Sternbach, and Zimmerman abstained from voting on the August 15, 1996 minutes since they was absent from that meeting. D. OLD BUSINESS None. E. NEW BUSINESS Greater Grace Christian Fellowship Applicant: James M. Walker, Agent Reference: 1550 N. Federal Highway Explanation: Relief from Table 922.2 of the Standard Plumbing Code which requires three water closets for males and three for females. All those who intended to testify on this matter were sworn in by Attorney Pawelczyk. Mr. Newbold provided a large floor plan for the board members to review. He advised that the building in question was constructed in compliance with the Code for the use that it was constructed for, which was retail sales and which required only one bathroom. The applicant is changing the use from retail sales to a church, which is an assembly occupancy and requires more bathrooms, based on the 88 seats in the building. Chairman Abdallah asked what the hardship is in this case. James Walker stated that when the church rented the building, they did not realize they were going to have a hard time getting the occupational license. They were only recently notified about this because previous notifications went to the wrong address. Mr. Walker pointed out that we are talking about a difference between two toilets and six toilets. Chairman Abdallah asked why he does not put in the additional toilets. Mr. Walker stated that the owner does not want to put that many toilets in because it is not feasible for anything else, and it is a major expense. The church only plans to be there for a year or two. Mr. Sternbach asked if the landlord was aware of the requirements when he rented the church this space. Mr. Walker did not think the landlord knew the church code. He said he is a plumber himself and did not even realize that the listing under a church is a specialty item. Mr. Newbold advised that when an occupancy changes, it must meet the requirements for the intended occupancy. Mr. Russell asked if this would require a handicap facility plus the other units. Mr. Walker advised that both the existing bathrooms are handicap bathrooms. Chairman Abdallah asked if there is space to put in the other bathrooms. Pastor Foster advised that everything would have to be restructured and the floors would have to be drilled through. He said it is an enormous expense for the church, and the landlord has no MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA OCTOBER 24, 1996 use for three toilets in each unit. Once the church leaves, the landlord is going to rent it back out as retail space, and he does not need three toilets in this retail space. Walls would have to be moved and the units would have to be rearranged if the additional toilets are required. Pastor Foster plans to rent this space for a year or two at most and then buy a building. Mr. Sternbach asked what kind of lease he has. Pastor Foster advised that he has a one year lease, with an option for the next year. Chairman Abdallah asked if the lease can be renewed each year. Pastor Foster believed it is renewable each year; however, he has no desire to stay there. He wants his own place. Mr. Zimmerman asked if he has plans to purchase land. Pastor Foster advised that the church has a building fund and is raising funds. When they get a certain amount, they can start looking for their own place. Mr. Zimmerman asked if the 88 people are new members. Pastor Foster advised that there are 88 seats. About 50 people attend service on Sunday mornings, and 25 to 30 attend the evening services. Mr. Walker pointed out that the church already invested a lot of money in new carpet and upgrading the building. Chairman Abdallah asked if they checked with the City before they rented this space. Pastor Foster said he did not. When they rented the space, they were told it was zoned for churches. Mr. Walker added that at that time, they did not know they would have difficulty getting an occupational license. Mr. Mulroy asked how many bathrooms currently exist. Mr. Walker advised him that there are two handicap bathrooms, one for females and one for males. Mr. Kurtz noticed that on the plan in the storage area, there is a note that states, "cap off existing plumbing". He pointed out that they can use that plumbing; therefore, not much construction or digging would be required. Mr. Walker advised him that that has all been pumped full of concrete and is unusable. Mr. Sternbach asked if this is the church's first endeavor. Pastor Foster advised that they used to rent the cafeteria in a school. 3 MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA OCTOBER 24, 1996 Mr. Bessell pointed out that regardless of the number of chairs, based on the square footage, they still need more bathrooms. Mr. Mulroy asked Attorney Pawelczyk about separation between church and a governmental entity and asked if the church could get an exception to the rule. Attorney Pawelczyk was not aware of any exception to this rule. Mr. Mulroy pointed out that this was done in Delray Beach. Mr. Bessell asked if the City can approve a church in a retail space. Mr. Newbold advised that a church is a permitted use in almost all of our zoning classifications, but it does not exempt them from compliance with the Code. If they want to move into a space that once was retail sales, that is a change of occupancy and they have to meet all of the requirements of the Building Code for that type of occupancy. Mr. Walker said if we are going to have to put the toilets in, we are going to have to move. Chairman Abdallah felt this can be done, but the owner and church do not want to spend the money to do it. Pastor Foster stated that the church does not have the money to do it. Motion Mr. Kurtz moved that the request in this situation be denied. Mr. Zimmerman seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 6-1. Mr. Mulroy cast the dissenting vote. Mr. Mulroy asked how long the church has been occupying this building. Pastor Foster advised that they have been occupying this space since the beginning of the lease, which was seven months ago. Mr. Mulroy pointed out that they are only going to be there about a year and a half longer. F. ANNOUNCEMENTS None. H. ADJOURNMENT 4 MINUTES BUILDING BOARD OF ADJUSTMENT AND APPEALS BOYNTON BEACH, FLORIDA OCTOBER 24, 1996 There being no further business to come before this board, Mr. Kurtz moved to adjourn the meeting at 7:08 p.m. Mr. Mulroy seconded the motion, which carried unanimously. Eve Eubanks Recording Secretary (One Tape) 5