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Minutes 05-28-09 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD ON MAY 28, 2009, AT 6:30 P.M., CONFERENCE ROOM A BOYNTON BEACH CITY LIBRARY, BOYNTON BEACH, FLORIDA PRESENT: Michael Bessell, Chair Wayne Bergman, Building Official David Buist, Vice Chair Jamila Alexander, Assistant City Attorney Beverly Agee Richard Darby Sanford Guritzky Richard Kurtz Timothy Rurey A. Call to Order The meeting was called to order at 6:24 p.m. B. Acknowledgement of members and visitors Michael Bessell sat as Chair. He acknowledged the members and visitors. C. Approval of Agenda & Minutes (Minutes of 12/18/09) Motion Mr. Kurtz moved to approve the minutes of the last meeting. Mr. Buist seconded the motion. A roll call vote was taken. The motion passed 7-0. D. Election of Chairman and Vice Chair Mr. Kurtz nominated Mr. Bessell for a second term as Chair. There were no other nominations. Mr. Bessell was elected Chair. Mr. Kurtz nominated Mr. Buist as Vice Chair. Mr. Bessell inquired if Mr. Kurtz was interested in the position. He was not. There were no other nominations. Mr. Buist was elected Vice Chair. E. Old Business : None. F. New Business : Applicant: Thomas N. Yianilos Reference: The Peninsula Explanation: Applicant is appealing Section 105.3.2 (Time limitation of application) of the 1 Meeting Minutes Building Board of Adjustment and Appeals Boynton Beach, FL May 28, 2009 City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code, and is requesting an extension to permit application numbers 06-1899, 06-1897, 06-1895 & 06-1894 Bill Rudnick , the applicant’s business partner was present. Attorney Alexander administered the oath to all who would testify. Mr. Rudnick explained they received extensions for four building permits for four townhouse buildings and reached the statutory limit defined by the Code regarding time limitations. They were working with a bank to finish the project. He anticipated they would need a one-year extension. The project was next to the Marina, north of Gateway. There were four buildings on- site. One was a 40-unit midrise; two were townhouse buildings of five units each; a recreation center on the Intracoastal, and a structure for trash. Mr. Buist explained a new application was valid for 180 days, and there were three extensions of 90 days each. The request was not for a fourth extension, rather the request was for a longer extension than a new application would provide. Mr. Bergman explained the purpose of the meeting was to hear four permit applications that expired. By administrative amendments, the extension limits were reached and they could no longer administratively approve any further extensions. It was noted the contractor and Workers Compensation information was out of date according to the City’s records. It was recommended that prior to any approval, the contractor conform to the City’s regulations. Since the Building Codes changed, there was a question whether the construction needed to be changed to reflect the new Building Codes. Mr. Bergman advised the City would like to extend the permit administratively but could not and the case was similar to the one heard by the Board in December. The Building Department supports the project and would like to see it come to fruition. He inspected the buildings and the units were substantially complete. It was hoped the developer could work with the bank and complete the project. Mr. Bergman explained the Board needed to review three items. In addition to the permit application extensions for one year for the four permit applications, they would like the Board to consider retaining the 2004 Building Code, which all of the plans came in under, and preserve the plan check fees that were already paid. 2 Meeting Minutes Building Board of Adjustment and Appeals Boynton Beach, FL May 28, 2009 The difference between the 2004 Codes and the 2007 Codes was in 2004 there were items that were omitted. If they changed the plans, substantially they would not be much different than they are today. Motion Mr. Kurtz moved, based on the parameters as outlined by the Building Official, and upon the precedent they set before at the last meeting, that they grant the application for extension. Mr. Buist seconded. Ms. Agree noted the way she read the minutes of the last meeting was that Mr. Kurtz believed the project did not fall under the purview of the Building Board of Adjustment and Appeals for the extension. Mr. Bessell had noted at that meeting the project changed from condominiums to rentals. Mr. Kurtz explained his comments were directed to Mr. Bessell's observation of the project change from condominiums to rentals and that the use belonged to the jurisdiction of another Board. The Building Board of Adjustment and Appeals was supposed to hear appeals from contractors that disagreed with the Building Official, or when the Building Official was no longer empowered to grant the extension according to the South Florida Building Code. Vote A roll call vote was taken. The motion passed 7-0. G. Announcements None. H. Adjournment Motion Mr. Guritzky moved to adjourn. Mr. Kurtz seconded the motion that passed unanimously. QrLWIL'.; ILL ~/'ULl~ Catherine Cherry (f Recording Secretary 060409 3