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Minutes 12-18-08 MINUTES OF THE BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL ON DECEMBER 18, 2008, AT 6:30 P.M., BOYNTON BEACH, FLORIDA Present: Michael Bessell, Chair Wayne Bergman, Building Official David Buist James Cherof, City Attorney Sanford Guritzky Richard Kurtz Timothy Rurey Absent: Beverly Agee Robert Bonagura Brita Peterson A. Call to Order Chair Bessell called the meeting to order at 6:28 p.m. The Recording Secretary called the roll and determined a quorum was present. B. Acknowledgement of Members and Visitors Chair Bessell acknowledged the presence of the Board members, and welcomed all who were present. C. Approval of Agenda and Minutes (July 5, 2007) Motion Mr. Kurtz moved to approve the minutes of the last meeting. Mr. Buist seconded the motion that unanimously passed. D. Old Business None E. New Business Applicant: C1 Construction, Inc./ William David Poist, Sr. Reference: Renaissance Commons–Phase VI 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida December 18, 2008 Explanation: Applicant is appealing Section 105.3.2 (time limitation of application) of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code, and is requesting a 12- month extension to the permit applications. Attorney Cherof administered the oath to all who would be testifying. Wayne Bergman, Building Official, noted the current City Administrative Amendments allowed him to extend building permits indefinitely, but he could only extend permit applications three times. There were three individual permit applications, 05-6776, 05-6778 and 05-6780, made by the applicant in 2005 that were currently in plan check and active. They would expire on January 9, 2009. All three permit applications had been extended the maximum three times, as allowed by the Administrative Amendments Section 105.3.2. Section 105.3.2 required that after the third extension, an appeal could be made to the Building Board of Adjustments and Appeal for any additional extensions. The extension was to be requested in writing prior to the abandonment date, and justifiable cause was to be demonstrated. In addition to the extension, the applicant requested the preservation of his right to protect the plan-check fees of approximately $250,000 paid to the City in 2005, and to preserve his ability to construct the buildings in the near future under the 2004 Florida Building Code. William David Poist, applicant and certified general contractor, explained his requests were predicated upon changes in the market, which included increased costs on new construction, labor and materials, and declining real estate values. While construction had not yet commenced, the infrastructure was currently in place for the three buildings. It was questioned whether the three buildings had been designed as set forth in the original permit. Mr. Poist explained the intent was the same but the use differed. The buildings would consist of apartments and mixed-use retail. He was attempting to provide residences as affordable and as "green" as possible. A great deal of money had been paid to the County in impact fees. 2 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida December 18, 2008 The applicant was requesting an extension of 12 months, as the plans would have to be completely redrawn, and he would have to proceed through the submission process. His request to construct under the 2004 Florida Building Code rather than the 2007 Building Code was based on the fact that the permits were previously obtained under the 2004 Building Code. It was questioned whether the applicant would be seriously impacted if he were to redesign under the 2007 Building Code. Mr. Poist explained the chief impact would be the "unknown," as he would be submitting plans no one was familiar with or had previously reviewed. Mr. Bergman noted the Development, Building, and Planning and Zoning Departments supported the position of the applicant. Additionally, Mr. Poist had not been the only applicant to appear before the Building and Planning and Zoning Departments to slightly reconfigure an original concept into a different project. This was quite common. Mr. Bergman emphasized if he had the ability under the Administrative Amendments to extend the permit applications, this matter would not have been brought before the Board. Motion Mr. Kurtz moved to approve the application for extension of the permit, since the City was in agreement. Mr. Buist seconded the motion. Chair Bessell inquired whether there would be a cost to the City or taxpayers to store the plans. The applicant was requesting an extension with no additional fees and to redesign under the 2004 Building Code. Mr. Bergman explained the applicant would be required to go back through Planning and Zoning and possibly the City Commission for approval of any changes to the site plan. He believed there would be cross-traffic easements which would likely require City Commission approval. The final plans would be submitted to the Building Department as a major revision to the existing plans and a fee would be imposed. Additionally, as the $250,000 or $260,000 paid in plan-check fees represented only 30% of the permit fee, approximately $1 million would be required to be paid on the project. The City would be in a position to collect the fees and move forward. Chair Bessell inquired whether the City Commission or appropriate Boards would approve rental properties in the area. Jim Comparato, Compson Associates, opined no distinction existed between rental properties or condominiums. 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida December 18, 2008 Mr. Kurtz believed the use of the project did not fall under the jurisdiction of the Building Board of Adjustment and Appeals. The appeal pertained to the authority of the Building Official, who supported the extension. Mr. Kurtz called the question. Vote On roll call vote, the motion unanimously passed. F. Announcements None Adjournment Motion Mr. Kurtz moved to adjourn. Mr. Guritzky seconded the motion that unanimously passed. The meeting adjourned at 6:47 p.m. ~}!&~~-'L S)~ Stephanie D. Kahn Recording Secretary 010509 4 BUILDING BOARD OF ADJUSTMENT AND APPEALS CITY OF BOYNTON BEACH IN RE: APPEAL OF CHIEF BUILDING OFFICIAL DECISION Renaissance Commons - Phase VI Applicant: Cl Construction, Inc./William David Poist, Sr. ORDER REVERSING DECISION OF THE CHIEF BUILDING OFFICIAL AND GRANTING APPEAL The Appeal of the decision of the City of Boynton Beach ("City") Chief Building Official filed by William David Poist, Sr., the "Applicant", was submitted to the City's Building Board of Adjustment and Appeals on December 4, 2008. The Applicant was appealing the decision of the City's Chief Building Official to apply Section 105.3.2 ("Time Limitations of Application") of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code limiting the applicant to three extensions on his permit application. The City's Building Board of Adjustment and Appeals reviewed the testimony and evidence provided to the Chief Building Official, and the arguments of Applicant, and orders as follows: FINDINGS OF FACT 1. Section 108.4 of the Florida Building Code, as adopted by the City, provides for the procedure relating to appeals of decisions made by the Chief Building Official to the Building Board of Adjustment and Appeals ("Board"). 2. The Board makes the following preliminary findings: The Applicant has applied for three permits (05-6776, 05-6778 and 05-6780), which would all expire on January 9, 2009. All three permit applications had been extended the maximum three times as allowed by the Administrative Amendments Section 105.3.2. The Applicant is now requesting a fourth extension which would be a twelve (12) month extension. In accordance with the Code, the Building Official denied the fourth request and advised the applicant he could appeal the decision. The Applicant has appealed the Chief Building Official's decision to apply Section 105.3.2 ("Time Limitation of application") of the Boynton Beach Administrative Amendments to the 2004 Florida Building Code to his permit applications. CONCLUSION AND ORDER 1. After review of the record before the Chief Building Official, the recommendations and comments of the Chief Building Official, Applicant's testimony and evidence, the Board hereby determines that the Chief Building Official correctly applied the applicable Code section that allows the Building Official to offer an applicant three (3) extensions only on their permit application. 2. Pursuant to the authority of the Boynton Beach Amendments to the 2004 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby grants the appeal. The request for a fourth extension (twelve (12) months) of his three permit applications (#05-6776, 05-6778 and 05-6780) pursuant to Section 105.3.2 ("Time Limitation of applications") of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code is granted. 3. The public record, including, but not limited to, the Chief Building Official's reports, memoranda, comments, and recommendations on the appeal, agenda back-up before the Building Board of Adjustment, along with the record established before the Building Board of Adjustment on December 18, 2008, are hereby incorporated by reference. DONE AND ORDERED this ~ ~ day of ~u.o...r,/, 2009 in the City of Boynton Beach, Florida. 7J1af:~~ MICHAEL BESSELL, CHAIRMAN CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS ATTEST: ~ 'nJ. p~ ,~li, JA ET M. PRAINITO, CMC CITY C