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Minutes 03-10-11 MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING HELD ON THURSDAY, MARCH 10, 2011 AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, CITY HALL, 100, E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Michael Bessell, Chair Andrew Mack, Interim Chief Building Beverly Agee Official Boyd S. Boggess Shana Bridgeman, Assistant City Sanford Guritzky Attorney Tim Rurey Richard Shores, Alternate ABSENT: Richard Darby Richard Kurtz A.Call to Order The meeting was called to order at 6:30 p.m. Chair Bessell commented Mr. Kurtz might have resigned. He thanked the members for their presence. B.Acknowledgement of Members and Visitors The Recording Secretary called the roll. A quorum was present. The applicant was present. C.Approval of Agenda & Minutes (Minutes of 02/03/11 Meeting) Motion Mr. Guritzky moved to approve. Mr. Rurey seconded the motion. The Recording Secretary called the roll. The vote was unanimous. D.Old Business None E. New Business Applicant: William David Poist C 1 Construction, Inc. Reference: Renaissance Commons Explanation: Applicant is appealing Section 105.3.2 (Time limitation of application) of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code, and is requesting another 12 month extension of permit applicant numbers 05-6776, 05-6778 and 05-6780, with all of the same preservations previously granted and approved and extended to March 11, 2011. Also, additionally, they would like to extend the following permits. Permits 06-6196, 07-3189, 07-3190, 07-3256, 09-3364 and 10-782. 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL March 10, 2011 Andrew Mack, Interim Building Official, explained the application and the fact that a time extension was granted to the applicant in the past. The City is in favor of this request for a time extension of one year. The Recording Secretary administered the oath to all those intending to testify. William David Poist, Sr., President of C 1 Construction and Director of Development for Compson, said this was the second request for a time extension. He appreciated the Board’s cooperation since this is a very difficult economy. He is hopeful they will be able to move forward with Compson Place Apartments within the next 90 days when the firm letter from HUD is received. With regard to the parcels on the opposite side of the canal, Sembler sold their portion and one parcel will probably move forward within the year. There is no market for the other parcel at this time. In response to Ms. Agee, Mr. Poist explained a “firm letter”. HUD goes through site planning, site analysis and a recommendation based on appraisal and income flow. The numbers are then agreed upon and the application goes forward from Jacksonville to Miami and onto Washington, D.C. for the issuance of a “firm letter” which is a commitment to develop and fund. This will be an affordable housing project including some retail on the ground floor with space for ADA and handicapped. It is a different type of use. Mr. Rurey referred to the permit numbers and inquired if the permits were six years old. Mr. Mack responded affirmatively. Motion Ms. Agee moved to approve. The motion was seconded. The Recording Secretary called the roll. The vote was 4-1. (Mr. Rurey dissented.) F.Announcements Chair Bessell announced there would be a meeting in the month of April and established a consensus the th Board would meet on April 14. Motion There being no further business to discuss, Mr. Rurey moved to adjourn. Mr. Guritzky seconded the motion that unanimously passed. The meeting adjourned at 6:37 p.m. Janet M. Prainito, MMC City Clerk Transcribed from one recording 3/15/11 – 30 minutes 2 CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL FOR ADDITIONAL EXTENSION Renaissance Commons Applicant: William David Poist ORDER GRANTING EXTENSION The Appeal filed by William David Poist ( hereinafter referred to as "Applicant") was submitted to the City's Building Board of Adjustment and Appeals. The Applicant was appealing Section 105.3.2 ("Time Limitations of Application") of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code limiting the applicant to three extensions on his permit application. The City's Building Board of Adjustment and Appeals (hereinafter referred to as the "Board") reviewed the testimony and evidence provided to the Chief Building Official, and the arguments of Applicant, and orders as follows: FINDINGS OF FACT 1. The Board makes the following preliminary findings: The Applicant has applied for three (3) permits (05-6776,05-6778 and 05- 6780), which expire on March 11,2011. All three permit applications had been extended previously totaling a twelve month extension under Section 105.3.2 of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code. The Applicant is now requesting another twelve (12) month extension. The Applicant is also requesting to extend the following permits: 06-6196, 07-3189, 07-3190, 07-3256, 09-3364 and 10-872. The Applicant is requesting a further extension of his permit applications pursuant to Section 105.3.2 ("Time Limitation of application") of the Boynton Beach Administrative Amendments to the 2007 Florida Building Code. 1. After review of the record before the City's Interim Chief Building Official, the recommendations and comments of the City's Interim Chief Building Official, the Applicant's testimony and evidence, the Board hereby determines that the City correctly applied the applicable Code sections. 2. Pursuant to the authority of the Boynton Beach Amendments to the 2007 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby grants the Applicant's request for a twelve (12) month extension of permit applications (#05-6776, 05- 6778, 05-6780 and Permits 06-6196, 07-3189, 07-3190, 07-3256, 09-3364 and 10-782) pursuant to Section 105.3.2 ("Time Limitation of applications") of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code. 3. The public record, including, but not limited to, the Interim Chief Building Official's reports, memoranda, comments, and recommendations on the appeal, agenda back-up before the Building Board of Adjustment and Appeals, along with the record established before the Building Board of Adjustment and Appeals on February 3, 2011, are hereby incorporated by reference. DONE AND ORDERED this day of 2011 in the City of Boynton Beach, Florida. AEL BE SELL, CHAIRMAN ITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT A ~T M. PRAINITO, MMC Y CLERK ATTEST: