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.
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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.
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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