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Minutes 03-23-99 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSIONoN CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 23, 1999 AT 7:00 P.M. ' t PRESENT James Reed, Vice Chairman J. Stanley Dub~ Pat Frazier Mike Friedland Steve Myotl Maudce Rosenstock (arrived late) Frances Cleary, Voting Alternate Michael Rumpf, Director of Planning Mike Ciru rio, Acting Assistant City At Nancy Byme, Acting Director of Dev, ABSENT Lee Wische, Chairman 1. pLEDGE OF ALLEGIANCF In the absence of the Chairman, Vice Chair Reed presided at the meeting. Reed called the meeting to order at 7:05 p.m. and led the Pledge of Allegian Flag. Zoning 3rney lopment ce Chair :e to the 2. .INTRODUCTION OF COMMISSIONERS AND BOARD MEMBER;: Vice Chair Reed introduced the Board Memoers, Acting Assistant City Atto qey Mike Cirullo, Mike Rumpf, Director of Planning and Zoning and the Recording Secretlry' Mr. Rumpf introduced Hanna Matras of the Planning Department and Nancy Byrne, the Acting Director of Development. 3. AGENDA APPROVAl Vice Chair Reed called for a motion to approve the Agenda, Motion Mr. Friediand moved to approve the agenda. Ms. Cleary seconded the motion. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23, ~1999 Vice Chair Reed noted that a letter had been received on the Unisite apl required if the agenda needs to be amended to deal with the letter. Att( suggested the item be dealt with in the order that it appears on the agenda. Motion carried 6-0. Motion Mr. Dub~ moved that Item 7. A. 1 under New Business (Unisite at Quantu removed from the Agenda. Mr. Rumpf said this item could be removed from the Agenda. The applicant re-advertise since they cannot defer [o a certain date and time. Motion seconded by Mr. Myott. For clarification, Attorney Cirullo stated this is not a withdrawal of the appl merely the applicant is requesting a deferral. Motion carried 6-0. 4. APPROVAL OF MINUTER Motion Mr. Dub~ moved to approve the minutes of the March 8, 1999 meetinc seconded by Mr. Myott. ication and · ney Cirullo Park) be viii have to ;ation, but Motion Mr. Dub8 noted that he and Ms. Cleary showed up for the regular meeting ~ich was originally scheduled for Tuesday, March 9, 1999 and were not aware that the meeting had been moved to Monday, March 8th. Motion carried 6-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of the March 16, 1999 Development Board meeting agenda items. 2 PJanm~ g and MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23, 1999 Mr. Rumpf stated that the City Commission approved the anne ation and rezoning requests for the Wal Mart Superstore. Ms. Frazier inquired if staff would be recefwng information on traffic impact, k stated a very detailed traffic Study has been compiled and will be submitted w plan. None 7. OLD BUSINESS NEW BUSINESS A. PUBLIC HEARING Conditional Use 1. Project: Agent: Location: Description: (SEE ABOVE) Parkinq Lot Variance 2. Project: Agent: Owner: Location: Description: Rumpf the site Unisite at Quantum Park Andy Zitman, Zitman and Associate~ Inc. Optimist Park at Quantum Park, Se tion 17- 45-43 '~I Request for approval to construcl a 140- foot communication tower with htennas, equipment and access road. Stor-AII Lindsey Walter, Kiiday and Associa ~s, Inc. Knuth Road Associates Knuth Road and Old Boynton Road Request approval for a parking lot .~ariance to allow a 77-foot, 3-inch reduction from the required minimum driveway distance from an intersection of 180 feet to 102 feet, 9 inches. Vice Chair Reed requested that Acting Assistant City Attorney Cirullo admin oath to all persons who would be testifying this evening. 3 Ier the MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23, 1999 The Agent presented an architectural plan for the Board to review. Vice noted that there were no staff comments and asked the agent if he would lik~ brief statement. Mr. Lindsay Walter of Kilday and Associates, Inc, took the podium an( represented the applicant. Mr. Walter said that the site is located at the corner of Old Boynton Road and Knuth Road and is just west of the Boyn Mall. Mr. Walter stated that last year the Board approved the Comprehensiv Amendments and Zoning Code Amendment to allow this particular use, limited access storage facility in the Office/Commercial Land Use and Zoni Mr. Walter said they received approval from the City Commission last Decemi the State Department of Community Affairs with regard to the Text Amendmer Mr. Walter stated they engaged the services of a traffic engineer and were uired to obtain approval with the countywide tra~c performance standards through Pa m Beach County. Mr. Walter stated they received a written response from th~ County recommending where the driveway location shou d be Mr. Walter said that ~.hen they initially met w th Mr. Rumpf and st~ff with the site plan, the driveway was located to the extreme east property ne and would be p aced on the east side of the bu ding. However, the ~ounty is recommending that the driveway ocaton be more centrally, located on the property in order for the entrance to be equa~ly distant from Knlth Road and the Boynton Beach Boulevard right-of-way. Mr. Myott asked if the primary access was not off Knuth Road due to the residential use and Mr. Walter said that was correct. Mr. Lindsay stated that the access road ~of Knuth Road would be for egress only. hair Reed Co make a stated he southeast )n Beach Plan Text hich is a Districts. =~r and by Vice Chair Reed asked if any other Board members had any comments. There were ROBe. Vice Chair Reed stated this was a public hearing and asked if anyone in the had any comments. Hearing none, closed the public hearing. Mr. Dub~ stated that the Board's consideration for approval is that the applicant the hardship criteria and Mr. Dub~ agreed with the recommendations of staf the hardship has been met. 4 Jdience las met vherein MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA Motion MARCH 23, 1999 Mr. Dub~ moved that this Board approve the request for a parking lot variance to allow a 77-foot, 3-inch reduction from the required minimum driveway distance from an intersection of 180 feet to 102-feet 9-inches for Stor-AII, subject to all staff ~:omments. Motion seconded by Mr. Friedland. Ms. Frazier inquired as to the type of storage and Mr. Wa ter said that it i,, a limited access storage facility as opposed to mini-warehouse storage facilities and w I be used for businesses to store records. The building is totally air-conditioned. Motion carried 8-0. Zoninq Code Variance. 3. Project Name: Agent/Owner: Location: Description: Lake Eden Place Deanna Patrick South Lake Drive (Lot 14, Block 1) Request approval for a zoni code variance for relief from the maxim height restriction of 25 feet to allow construction of a single family home at a heigh of 32Y= feet. Vice Chair Reed requested the agent take the podium. Vice Chair Reed st ted that staff recommends disapproval of the request for zoning code variance. Ms. Deanna Patrick, 3125 Oakland Shores Drive, Ft. Lauderdale, Florida ook the podium. Ms. Patrick stated that since the previous Board hearing, nothing has ~.hanged and is requesting the same height due to the marketability of today's homes. / rso, Ms. Patrick noted that surrounding cities have a higher height requirement. Ms. Pal ick said her application is basically the same as the previous application. Mr. Friedland said that being involved in the Visions 20/20 since ts inception, I- like to see staff change the Code to higher, larger and more expensive properti~ would in the City. Mr. Friedland felt that the City is selling itself short compared to its neig bors in other communities that have gone higher, bigger and more expensive. Mr. Myott felt this is a different scenario and this is a new home coming nto an established community. Mr. Myott s also in favor of a change in the height nit. but thinks it would be more appropriate when the commun ty is a new commur ~./. ' Mr Myott was under the impression that the ~spplicant was go ng to talk to the neighbors MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23, 1999 and work things out. Mr. Myott said he was disappointed that the applicant didn't even suggest changing the roof pitch to lower the height of the house. Mr. Dub~ said he agreed with the comments that have already been made a went down to look at this particular piece of property. Mr. Dubb said that the least four houses in the neighborhood that are at least 25 feet and thinks ~ maybe even higher. Mr. Dub6 said that all the homes were upscale homes realized the quality of homes that were in this neighborhood. Mr. Dub originally thought the applicant's house would out price the other hou., neighborhood, but noted it would not be the most expensive house. However said the only problem isthe height of the roof. My Dub6 said he would be approving the roof if it were under 31 ', which has been discussed previously, want to see the ~oof any higher than that. Mr. Dubb noted that the applicant did absolutely nothing to change the de.' house. The applicant said the architect did reconfigure the house at 25' whic a fiat roof, which is not acceptable to the nsurance companies and that the storm rates were going to rise and flat roofs would be penalized. Mr. My, agree with this assessment of a fiat roof. Vice Chair Reed stated that for this Board to approve a variance, it is require applicant meet six conditions and one of those conditions is that the variance ~d said he 'e were at )ne or two ~nd never ; said he ,~s in the Mr. Dub~ favor of ,ut did not gn of the ~ included wind and tt did not that the ]ranted is the minimum building possible for reasonable use of the land and the applicar does not meet this condition. Vice Chair Reed said he wou d like to see ta er buildinjs, but he cannot tell the City commission in his judgment that the land could only be u~ed if this variance is granted. / / Ms. Cleary does not feel that building a bigger home brings in somethingl better to Boynton Beach. Ms. Cleary said this is an established neighborhood and pebple have been living there and this Board should not approve something that would im ose upon them Mr. Dub~ requested that the petition addressed to Mr. Rumpf be made irt of the record. Mr. Friedland asked the applicant if she would be willing to consider 31' and we stated she wished to remain with the original height request. Vice Chair Reed announced the public hearing and asked if anyone in the audience wished to speak. 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23, 1999 Mr. Donald Brian of 916 SW 38th Court took the podium and stated that he lives at the end of the cul-de-sac to the north of the intersection of 38~h and South Lake/Drive and stated he is an architect. Mr. Brian said he recognized that the design of the house was very nice, but he was here tonight because it is a matter of abiding by thelrules and reg[~lations of the City. If the rules and regulations are good and reasonable, they should be enfomed without arbitrary exceptions. If the rules and regulatJonslare out of date or unreasonable, then they should be changed Mr. Brian state~ that th~ appl cant has not presented any conditio~ for hardship or the condition of reasonable c(~mpliance. Mr. Brian requested that the Board not vote to set an unhappy PrecedeJ~t for the granting of variances in the future. Mr. Richard Nichols, of 3822 South Lake Drive, whose lot is immediately nqrth of and adjacent to the applicant's lot, took the podium. Mr. Nichols presented tothe Board photographs of the houses in the area. Mr. Nichols stated that all 15 houses fronting Lake Drive are all large single family homes and there are no two-story hou es in the neighborhOOd. Mr. Nichols said that everyone pumhased their homes with the expectation that any future construction would ce in conformance with thc Boynton Beach Code and feels the applicant should build their home within the cun .~nt code. Mr. Nichols requested that the photographs and his comments be entered in tt ~ record. Dr. and Mrs. Ansuya Kaira took the podium and were administered the oath )y Acting Assistant City Attorney Cirullo. Dr. Kaita said that they have been liwng in he same home for the last 15 years and their home is adjoining to the Patrick's pre ~erty and stated he previously opposed the application. Dr. Kalra said 'his house is mo: ly glass, including the bathroom and bedroom, which have sliding doors and windows and said they would lose their privacy. Dr. Kalra stated that there is a ~[wo-story house ion Diane Drive that was built within th~ limits, but all other houses are single story. ~ Mr. Al Till, 3845 South Lake Drive took the podium and was administered ihb! oath by Acting Assistant City Attorney Cirullo. Mr. Till said he lives on Lot 5, which is diagonally across the street from the petitioner's property. Mr. Till said he before the Board at the previous hearing and said he would welcome another home in their area, but respectfully requested that the petitioner conform to th, regulations. Vice Chair Reed asked if anyone else wished to speak and hearing none, c public hearing. ppeared beautifu existing )sed the Motion Mr. Friedland moved to deny the request for approval for a zoning code var SOuth Lake Drive (LOt 14, BoCk 1) for relief from the maximum height restrictl 7 ~nce for ~n of 25 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 23 999 feetto allow construction of a singlefamily home at a height of 32 % ~ seconded by Mr. Dub6. Motion carried 7-0. 8. OTHER Acting Assistant City Attorney Cirullo reminded the Board that in accordan( City Code, this Board will be electing its Chair and Vice Chair at the first April. Mr. Du b6 requested that the Planning Department include this as an az on the next agenda. None 10, COMMENTS BY MEMBERS ADJOURNMENT Motion Mr. Dub6 moved that the meeting adjourn. Motion seconded by Mr. Frie, meeting properly adjourned at 7:35 p.m. Respectfully submitted, Barbara M; Madden RecOrding Secretary (one tape) 8 Motion with the ~=eting in =~nda item and. The