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Minutes 08-23-77MINUTES OF THE REGULAR ~TING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOI~NTON BEAGH, FLORIDA TUESDAY, AUGUST 23, 1977 AT 7:30 P. M. PRESENT Simon Ryder, Chairmam Col. Walter M. TraUger, Vice Chairmam Ronald Arena Richard Lambert F~s. Ma~ilyn Huckle Garry Winter Carmen Annumziato, City Pla~er ABSENT Mrs. M~Schorr (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. and introduc, ed the members of the Board, City Planner and Recording Secretary Mim~tes of Jul~ 26 ~e~ular Meeting Col. Trauger moved that the Minutes of the Regular Meeting of the Planning & Zoning Board of Tuesday, July 26, 1977, be approved as presented, seconded by Mr. Lambert. Motion car- ried 5-0 with Mrs. Huckle abstaining because she was not present at this meeting.. Mimutes of August 3 Workshop MeetinEi Me. Lambert moved that the Miautes of the Workshop Meeting of August 3 be approved as printed, seconded by Mr. Winter. Motion carried 3-0 with Col. Trauger, Mrs, Huckle, and Mr. Arena abstaining because they were not present at this meet- ing. NEW BUSINESS Public Abandonment Request Applicamt: Norman Michael and Bruce Costanzo Location: Portions of S. W. 28th Avenue per survey submitte~ Chairman Ryder referred to the Board being made aware of ~this before when an application was made for the homes ~eing built and it was understood this wo~l~ follow. Mr. Annunziato informed the Board that this fellows the site plan approval for Tract 1, Gol~view Harbour Tow~houses. He referred to the map submitted and explained how this would clear up the situatio~ of two items being left which were mot abandoned previously. Col. Trauger asked if this would leave the cul-de-sac intact and Mr. Annunziato replied: yes. Mrs. Huckle asked if it would deadend 28th Avenue and MINUTES PLANNING & ZONING BOARD PAGE TWO AUGUST 23, 1977 Mr. Ann~aziato replied: yes and explained the effect of the proposed abandonment. Chairman Ryder asked if anyone in the audience wished to come forward and address the Board en behalf of this application. ~. Bruce Costanze, 1460 $. W. 28th Avenue, appeared before She Board and stated that as Mr. Annunziate explained, this will clear up the mess there. He came before the Board pre- viously and asked for a waiver of the fee. He really felt it was messed up before. In order to get it legally cleared, they have paid the $250, but he would not mind a recommenda- tion from this Board to the Co~cil to waive these fees. He feels this should not have had to be applied for, b~ut should have been straightened out before. Chairman Ryder asked if anyone wished to speak in opposition and received no response. Mr. Lambert referred to this being a dedicated stmeet and City owned and questioned the reason for abandoning it and Mr. A~unziato informed him that the only thing which remains at the right-of-way is the south 12 ft. Resolution No. 75-LLL abandone~ the west 50 ft. less the south 12 ft. He explaine~ how this left an island south of the centerline. The recom- mendation from the staff is to approve with the south 12 ft. being dedicated as an utility easement.. Mr. Lambert asked why the City ~ust di~ not retain the right-of-way and 5~. Annunziato replied that half was effectively abandoned with the replat. Mr. Lambert commented that it left it ~irtually useless and asked if the north portion of 28th AveRue would be part of the development and Mr. Annunziato replied: yes. Mr. Lambert referred to the south half and Mr. Ana~ziato i~- formed him it woul~ be attached to the properties. Mr. Lambert asked if ~. Costanzo would pick up this small parcel of land and Mr. Amn~mziato replied: yes. Mrs. Hmckle asked if he was implying that this was primarily an oversight and Mr. Annunziato replied: no and he thinks what happened is that the legal description was ~ot ha~dle~ By the technical staff. The City received a letter from Florida Power & Light Co. reguesting the south 12 ft. to be saved for utility purposes. The abandonment request was altered to leave the mouth 12 ft. as a right-of-way. It serves n~ purpose for a right-of-way. It was ~ot an error on the part of the City. Mr. Lambert made a motion that the Planning & Zoning Board recommend to the City Council that they grant the abandonment request for Norman Michael and Bruce Costanzo with the City re{aining a 12 ft. easement on the south portion thereof~, seconde~ h~y Col. Trauger. No discussion. Motion carried 6-0. MINUTES PLANNING & ZONING BOARD PAGE THREE AUGUST 23, 1977 Conditional Use Applicant: Scobee-Combs Fuaeral Home, P.A. Owner of Property: C. Don Combs Address: 1622 N. E. 4th Street Request: Crematory unit to be installed within exist- ing building Chairman Ryder announced that this application has been made in connection with substantiating data seeking approval as a conditional use. Mr. Annmmziato added that just for proce- dural purposes, this is the first time the Board has had a conditional use request under the new ordinance. The ordi- nance requires a record to be made in the mimutes including the reasons for denial or approval. Chairman Ryder asked if a representative of Scobe. e-Combs Funderal Home was present and Mr. Don Combs, 1201S. W. 2nd Street, appeared before the Board. He informed the Board that he proposed to iastall a packaged crematory unit in the warehouse facility connected to the fumeral home. The umit is made in Orla~ndo and meets all pollution control re- quirements. He has commmnicated with Pollution Control in West Palm Beach and submitted an application for a permit and has been advised by phone that a letter is in the pro- cess stating they do not desire to permit it as it is mot within their requirements. They are going to return his fee and application. Chairman Ryder stated that the concern was whether this in- stallation would present a nuisance. He asked if the unit required periodic maintenance and Mr. Combs replied that one of the men were present who designed the umit from the fac- tory to give the technical details. Mr. Doug Fillman of Indmstrial Equipment and Engineering Company, Orlando, Florida, appeared before the Board. He informed the Board that in the State, of Florida, over 50 of these units are installed in funeral homes and most funeral homes are located in fairly congested areas. The machine is completely automatic and has met all pollution standards. It has a large after-burn chamber which is guaranteed not to smoke. It also has a pollution monitor unit on the back and if there is a problem, the machine will automatically recyle and correct the problem within three seconds. It is adjusted to the intensity of smoke from a cigarette. Chair- man Ryder asked if any other periodic maintenance was re- quired and ~. Fillman replied that it is completely auto- matic and gas fired and no maintenance is involved; there is no pollution. Chairman Ryder referred to a stack and Mr. Fitlman informed him that the high temperature gases would be vented out of the building and only a 3 ft. stack was required to go through MINUTES PLANNING & ZONING BOARD PAGE FOUR AUGUST 23, 1977 the roof of the building and he explained how the construction of the buitdimg should hide the stack. Mr. Lambert stated that actually it is more or less a self-contained unit and there will be no structural changes to the building amd Mr. Fillman agreed and he showed a picture of a typical installa- tion. He added that it is a packaged appliance ~d is just r~lled into It is not a permanent piece of equipment. It is not in. ~. Lambert asked about the noise and Mr. Fillman informed him that it does have a blower, but i~ is not objectionable noise. It will be c~ntained within the garage. It has a?½ horsepower motor. It will be evident when it is rumning, but will not be objectionable even in,the garage. Chairman Ryder asked if anyone else in the audience wished to speak on behalf of this application amd received no re- sponse. He then asked if anyone wished to speak in opposi- tion and received no response. Chairman Ryder announced that some letters had been received. Col. Trauger read a letter from Mr. & Mrs. Earl Irving, Sea- crest Park Club, 1620 North Federal Highway, stating their objection to this crematory. He then read a letter from J. F. and Margaret Cro~in, 504 N. E. 16th Avenue, objecting to this application and sta~ing their opposition to any such operation. Chairman Ryder referred to their discussions when setting up the requirements for conditional use and stated their prime consideration was the effect on the neighborhood.. Col. Trauger replied that he failed to see the objections as he read them. Parking is mot a concern as the people using thi~ facility will not be parking. As far as heat, there is no more generated than in,the trailer park. It will be out of sight. Its presence would be no forbearing to am elderly person than the funeral home itself, which is always there. He does not follow the objections. He feels with the design and care in engineering which has been made we are circum. venting all objections except the physical knowledge of a plant being there. Mr. Lambert replied that he agreed and stated that he has gone through the standards of evaluating conditional uses and cannot find one possible objection to this particular application listed in the zoning book. Mrs. Huckle asked if the total height including the stack comply with requirements in C-3 and Chairman R~der replied that it says 13 ft. 8 in. plus 3 ft. for the stack. ChairmamRyder stated that he paid a visit to this location this afternoon and noticed, as shown on the plan, that this is a small building outside the main building. On the east side of the funeral home, there are only a couple of private MINUTES PLANNING & ZONING BOARD PAGE FIVE AUGUST 23, 1977 homes on 4th Street. There is nobody really close to this location. The location to ~he north property line would be I50 ft. He noticed no close neighbors. The letter from the residents in the mobile home park live across Federal Highway and slightly to the north. He referred to having a previous st for similar installation and being concerned about it a nmisance to the neighbors, with the safeguards built into the mit and only occa- sion.al use, his opinion is it will not be harmful to the community. Mr. Lambert stated that in reviewing the procedure, he believes a time limit must be set in which the conditional use may be developed and he read from the code. Mr. Annunziato agreed. Col. Trauger questioned _a perio~ of reasonable time and Mr. Com~ informed him that they could be ready with approval Erom this Hoard and after approval from the City Council, which he believes will come before them on September 6, that it can be installed withim a week. It can be delivered the following day. He must bring in gas line~ and change the electric. Any time frame would be comfortable with them. Mr. Lambert asked if six months would be more than adequate a~d F~. Combs replied that it would~be more tha~ generems. Col. Trauger asked if the conditional use was from the time it is approved or when the conditional use drops off and Mr. Lambert replied that it should ~ot stipulate how long it will be a conditional ~se, but when the u~it must be put in. Mr. An~nnziato clarified that he thought six months was reason- able and ~ more than Mr. Com~s needs. A six month time period Council approval. The ordinance does not require hearings at the Council level, ~ut the City At- torney felt some should be considered for public hearing such asa rezoning and possibly may decide this would require one. However, six months would be fair. Chairman Ryder asked if the gas lines were in the area and Mr. Combs replied that he had been told they were on 4th St. moved that the Planning & Eo~ing Board recommend Council approval of the Scobee-Combs request to install a crematory within the existing Building an~ this conditional use must be developed within six months after approval by the City Council~ Mrs. Huckle seconded the motion. No discussion. Motio~ carried 6-0. Rezoning Applicant: C.A. Ostro~ Owner of Property: Geld Coast Plum~ing, Inc. Employee Profit Sharing Trust Legal Description: Lets 14 and 16, Co W. Copps Addi- tion, Boynto~ Beach Request: Rezone from R-2 to MINUTES PLANNING & ZONING BOARD P~GE SIX AUGUST 23, 1 977 Mr. Anmunziate referred to the request being for rezoning from R-2 ~_to~ C-4 and advised that it is the opiniom of the staff that %his request will interject additional commercial zoning into the residential zone and residentially developed area. Furthermore, C-4 is the least restrictive zone. It is their opinion and recommendatiom of %he staff that this request mot be granted. Chairman Ryder requested the applicant or representative of the applicant to make a statement. Mr. Tmbby Ostrom appeared before the Board and advised that he owns a plumbing service company at 420 Railroad Avenue. He has requested these two lots to be rezoned for many reasons.~ The first reason is a few years back, as a trustee, he bought this property with the idea of building a commercial building for lease and using the back two lots for parking.~ At the time he purchased this property, there were three apartments on it which were left over from a commercial building which had to be destroyed for the new sewer being put in. There was a produce market there and part fell into the sewer excavation. Three aged apartments were left in need of repairs. He went to the City with plans for a commercial building a~d everything was fine and he was told to go ahead and demolish the apartments and a building permit would be issued and parking would be allowed on the two lots. This goes back to 1974.~ There have been personnel changes in Boynton Beach since them. Under the present zonimg laws, he cannot use theSe two lots for parkimg. He showed a sketch to the members and explained the locatiom of tko lots. Under the present zoning laws, if these two lots istay R-2, this corner is virtually worthless. Chairman Ryder referred to there being a depth of 133 ft. and Mr. Ostrom agreed and added it was .75 ft. wide. Chair- man Ryder commented that this was a reasonable depth and Mr. Ostrom replied that if he put im parking for an office build- ing and put ink, the necessary beautification, there would ~ot ~e much left. Chairman Ryder stated it would depend how it was laid out. Mr. Ostrom continued that there are many uses under C-4 which he could put in other than a nice office Building. He could move his plumbing shop there and park his trucks there. Chairman Ryder agreed that if these lots are rezoned to C-4, amything could happen. Mr. Ostr%m stated that it would be up to the Zoning Board and Building Department at the time wka~? would go there. Chairman Ryder asked what he proposed to construct there and ~. Ostrom replied that he proposed to build a commercial building. He has had offers to sell it, but cannot sell it because of the access, size a~d present zoning. MINUTES Pv~J~NNING & ZONING BOARD PAGE SEVEN AUGUST 23, 1977 Mr. OstrOm them informed the Board that he has done work with the Ooumty Traffic Department amd by using these two lots for either parking or a ~riveway, which is all he is asking, there would not be amy ingress or egress elf' of 2nd Avenue. All the traffic could be on the two side streets. Mr. Lambert stated he personally didn't thimk this was unrea- sonable at all. It is only talkimg about extemding the zoning 50 ft. which would b.e used for parking. Ne thimks, congestion would .be kept down on 2nd Awenue. With property that size, it is limited somewhat. He does not thlm~ this request is unreasonable. He does not know why some thought wa~.'t ~applied to this commercial dis~trict along 2nd Avemue like at other areas where more depth was given. It seems it would lend to better development if the properties were a little deeper. It is into a residential area with single family homes, is a R-2 zeno. He asked Mr. Ostrom if he had researched what type of zoning be needed for parking or would it have to be the same as front part and Mr. 0stromj replied tha~ he understood it would have to be the same zoning. Mr. Annunziato Pied was allowed in any commercial zone. Mr. st~ R-2 could not be utilized for and. Mr. Annu~ agreed and stated it was for re~ use. Mrs. Huckle asked how many residences were actually right a~ound this property and Mr. 0strom informed her there are several duplexes on the streets to the north of this pro- perty, but a lot are for sale. Chairman I~der added that there is a small home immediately north and a small home en the west side of the street. Mr. 0strom agreed and added that some of the people have lived there for many years. He also added that about 200 ft. north on N. E. 2nd Street, there is a 16 to 18 ft. high commercial b~ilding. Mr. Lambert asked if this commercial building was om the same street and Mr. Ostrom informed him that it faces N. E. 2nd Street and he believes it is in the R-2 zone. ¥~. Annunziat~ stated i.~.that he is partially aware of this and thinks it was permitted as an accessory to a home or duplex render the old regulations which were very lenient. .Possibly it is a large garage for storage, but he doesn't think it is a commercial Building. Mrs. Huckle asked if it was built since the new zoning took place and Mr. that he thinks so. Mr. Lambert remarked a warehouse and Mr. Anmunziato replied that if it is, it was an oversight in the zoming. Chairman Ryder asked if anyone else wished to speak on behalf of this applicatiom and received no response. He then asked if anyone wished to speak_ in opposition and the following appeared before the Board. MINUTES PLANNING & ZON~ BOARD PAGE EIGHT AUGUST 23, 1977 Mr. Eldon McMullen, 318 N. E. 1st Street, appeared Before the Board and advised that he lives just north of these lots. Naturally he haS. to register his complaint. It was Brought up that C-4 zoning certainly would increase the value of the other three lots, But it will do nothing to emhamce his pro- perty. C-4 zoning allows almost any commercial use. Also, under C-4 zoning, a building can be Built within 30 £t. of his house. He naturally has to voice his complaint. Mr. Frank Valinar, 322 N. E. 1st Street, appeared before the Board and advised that he has the commercial building which was re£erred to. It is his play room where he stores his motor home, car and truck, but it is not commercial. It is his play room as he could not be in the house all day with his wife as she would find something for him to do. He had to make it 13 ft. high to accommodate his motor home. Mr. William B. Cavamaugh, 407 N._ E. 1st Street, appeared Be- fore the Board and Stated when he moved on this street, there were residences on these lots with commercial b. uildings om the corner. He has been following this. His primary concern is the traffic situation. He works at the fire station and sees that corner every day'. His son crosses at that corner to go to school. The school bus also stops there and picks up a mumber of children... It is a bad corner and with a park- ing lot, he can see additional traffic and it will be detri- mental to the City. He sees the truckm come down from. the City barn and there is constant traffic and no sidewalk. He does not want additional impact o~ this type. People 'do not slow down for that corner. Traffic would be stacked up and this would create too much congestion.. Miss Jewel Sterling, 121N. E. 3rd Avenue, appeared Before the Board and stated she has seen this corner and isconcerned about the safety of the children going to school. It is mot safe and additional traffic would be worse. She registers he~ vote against it. Chairman Ryder then read a letter from Mary George and Albert Patten objecting to this rezoning. Mrs. Huckle questioned who owned Lots 7 and 8 and Chairman Ryder informed her this was the optometrist's office. Mrs. Huckle stated that this doctor has parking in the rear of his office, but i2 is self-contained in the C-4 zoning-. Mrs. Huckle then stated that it looked like Mr. Ostrem~ could utilize his property similarly to what is already there, but she realizes he woul~ like a deeper piece. Chairman Ryder referred to the zoning map and pointed~out that on the north side of 2nd Avenue, there is a clea~ line indicating the separation between C-4 and R-2. Any favorable MINUTES PLANNING & ZONING BOARD PAGE NINE AUGUST 23, 1977 consideration of this would immediately put a jog in it, which appears to him should only be done for a good reason. His own opinion is he weald not like to see any division when there is a concise line as appears here between C-4 and R-2. Mr. it down the street with extend- ing depth of the properties on 2nd Avenue. Chairman Ryder replied that this Board did not do it as we voted against it and the Council reversed our decision. Col. Trauger requested Mr. Annunziato's analysis again and Mr. AnnunziatO stated that there is a clear demarcation between commercial and residential. C-4 is the most liberal zone and to rezone it to C-4 would have a detrimental effect on the residential area to the north and concerned property owners are present not wanting it rezoned. There be additional traffic on the residential side streets, will not add to the effect of separating resideatial from commercial. He thinks the three lotS zoned C-4 could be used and are larger not see a real advantage to the City to have these lots re- zoned. Mr. 0strom appeared before the Board again and referred to the statement that Dr. Rascati seemed to have adequate park- ing and Stated he does not believe Dr. Rascati has as many people per day as other doctors. Also, Dr. Rascati has a great need for additional parking and has approached him to buy the lot behind them for additional parking. Ee is in need of additional parking. His patients park on the street. Col. Trauger made a motion that the Planning & Zoning Board recommend to the City Council the rezoning request from Mr. C. A. Ostrom for Gold Coast Plumbing, Inc., to rezone Lots 14 a~d I6, C. W. Copps Addition, from R-2 to C-4 be denied, seconded by Mr. Winter. No discussion. Motion carried 4-2 with Mr. Arena and M~. 'Lambert dissenting. Mr. Lambert clarified his vote that he thinks it is part of the Planing & Zoning Board's duty to encourage orderly development and not try to cram in commercial developments, but he believes 2nd Avenue will be the downtown area and does not think this would be detrimental to the people to the north. Site Pla~ Approval~ Applicant: Michael Gustafson for Tom Gustafson Indus- tries, Inc. Address: 800 N. E. 3rd Street Legal DescriptioR: Lots 11'2-1t3, Arden Park Addition Request: Modification to approved site development plans to install additional covered parking. MINUTES PLANNING & ZONING BOARD PAGE TEN AUGUST 23, 1 977 Chairma~ Ryder referred to this plan being before the Board previously and was approved, but apparently the plans have been modified to include covered parking, Mr. Annmnziato informed the Board that the plan shows additional covered parking and sidewalks and other recommendations have been added to the plan. He then called on the applicant to make a presentation. ~. Mike Gustafsen, 1301 River Beach Drive, Fort Lauderdale, appeared before the Board and stated he had to come back on this because he now wants to extend the shed roof to the east side of the building. In reference to the requirement for a 6 ft. masonry wall, they have found an alley way re- corded in the plat book between Lots 11 and 10. He has dis- cussed this with 5~. Annunziato and he sort of prelimimary stated they do not have to install the wall. They would like not to install the wall because of the additional expense. north is present and he does would be shut off to him. The alley way is recorded in the plat book, but they were not aware of it previously. Even though they do have a wall illustrated on the plan, they would like to go back to a fence. Col. Trauger questioned the use of this Building and Mr. Gustafson informed him it was a roofing and paving company. Mr. An~unziate referred to the site plan and explained that covered parking was shown adjacent to the alley. He stated that since a 10 ft. alley is dedicated by Plat, technically this property ~oes mot abut residential property. It is still their intention to provide covered parking on the north side as shown on the plan. Mr. Gustafson disagreed and stated the only reason it was included was BeCause of the requirement for the 6 ft. wall. Mr. Lambert stated that it is not up to this Board to waive requirements of the ordinance; however, since this alley was not known about previously, the wall is not required. He clarified that they could forget about the north part of the property. He asked if there were other things to be approved and Mr. Gustafson replied that the shed roof con- nected to the building is to be moved onto the east side. Mr. Lambert referred to the Technical Review Board's comments and I~. Annunziato informed him that the Technical Review Board had no comments whatsoever. The plan has been modi- fied to include all the comments first recommended. Mr. Lambert clarified that the modificatiom was the covered area on the east and Mr. Annunziato agreed and added if the Beard feels a wall should be included they may request it based on one not being there being detrimental to the pro- perty to the north. MINUTES PLA~NING & ZONING BO~D PAGE ~ELEVEN AUGUST 23, 1 977 Mr. Lambert asked if this modified plan had been approved by the Community Appearance Board and Mr. Annunziato replied: no. Mr. Lambert commented that he has a feeling the C.A.B. will require a vegetative.buffer. Mrs~ Huckle questioned th~ adjoin~i~g zoning and Mr. Annunziato informed her it is zoned commercial, but is msed for residential. Mr. Wilbur Hackle, 818 N. E. 3rd Street, appeared before the Board and advised that he lives immediately north of Mr. Gustafson~'s property. He has lived there since 1949. A 6 ft. block wall would hinder a lot of air. There is also a 10 ft. alley between the~properties. Chairman Ryder questioned his setback and Mr. Hackle informed him that his house was about on the alley; it was built i~ 1947. Chairman Ryder remarked that it was not a tidy looking place. Mr. Hackle continued that there are no other commercial properties on that street that have masonry walls and he does not want one. A chain limk fence would be suffLcient and is for all the other pro- perties there and he does not see why they could not do the same. If it is a question of ~ a block wall, it would be of no benefit. Chairman replied that matters regarding residential areas adjacent to commercial have come up and the matter of a wall developed. The last time, TOm Gustafson Industries they could utilize the wall by eventmally coverimg it.~ Mrs. Huckle questioned the location of the alley and Chairman Ryder pointed it out om the plan along the north property line. Mr. ~nnmnziato added that it shows on the subdivisiom plat. Mr. Hackle asked if the alley ran all the way through and Mr. Lambert replied that he thinks they rum to the rail- road. He added that everything in that subdivision does have a 10 ft. alley at every block. Mr. Hackle stated tha~ the other building is built right on the alley and there was not a building inspector in Boynton Beach in t947 when hi~ house was built. Mrs. Huckle asked why the alley was not noted before and Mr. Annunziato replied that it was not shown on the pla~. Mrs. Huckle asked if he compared the pla~ to the plat and Mr. Annunziato explained that they usually do. Chairman Ryder stated that as Mr. Annunziato pointed out, the Board, if we chose, can still recommend the wall. How- ever in the face of the fact that a single individual is involved who claims he does not wa~ut the wall and also due to the fact, he has a residential use in a commercial area which apparently has been there for a long time, he does not think he would want to pursue this matter of requiring a masonry wall. ~. Winter replied that he di~ not think it was within the Board's purview and would be up to the Build- ing Department. Mr. Lambert made a motion that the Planning & Zoning Boar~ recommend to the City Council the approval of the site deve- lopment plans to install additional covered storage next to the building and deleting covered parking and wall to the north, seconded by Mr. Arena. Under discussion, Mrs. Huckle MINUTES PLANNING & ZONING BOARD PAGE ~L¥~E AUGUST 23, 1977 asked where the code delineates that an alley makes a differ- ence and M~. Annunziato replied that the codesays "abut~' and that means touch. Col. Trauger referred to C.A.B. approval and Mr. Anmunziato informed him that the plan would go back to them and he thimks Mr. Gustafson should point out that the wall will not be required and he might ask to resubmit the plan as originally submitted with a five ft. fence and land- scaping. Ne thinks the C.A.B. can handle it with no problem. Mrs. Hackle referred to the definitions of abut and contigu- ous and they discussed the difference and how it applied. Mr. Lambert stated that as a member when the ordinance was put in, the imtent of a 6 ft. concrete block wall did not pertain to cross over streets or alleys. Chairman Ryder added that he visualizes properties. FRs. Huckle considered contiguous e~em Waterway. Mr. Lambert further consideration Mrs. Huckle replied that with it. People have about it. She something physical between the to St. ClUb being across Intracoastal the block wall be given been a lot of problems. it is changed, we must stick to the Board of Adjustment ew the word "abut~' to be a trick, word and she thimks it clearly states connects these two referred to an alley uous and Mr. Lambert ting and contiguous. abuts both properties, each other. am alley and they ab~mt.. Col. Trauger and the next lot being contig- that everything in town is abut- clariZied that am alley properties are not abutting Mr.Gustafson informed them that the covered parking referred to was really covered storage and should not be confused with the covered parking on the north side. Chairman Ry~er clari- fied that since the previous action on this site development plan, it has been brought to the attention of the Board that there is an alley separating this property and the property to the north and this Board feels the requirement for a wall is no longer necessary. MotiOn carrie~ 5-I with Mrs. Hackle dissenting. DISCUSSION ~ub-Division Regulations Mr. Amnunziato announced that he believes the Sub-Division Regulations are in final order as recommended by the Plam- nimg & Zoning Board through their workshop meetings. He is asking for a recommendation to the City Council in favor of the revised Sub-Division Regulations. Mr. Lambert replied that he thought these had been discussed in length at meeting after meeting. MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN AUGUST 23, 1 977 Mr. Lambert moved that the Planning & Zoning Board recommend to the City Council the approval of the Sub-Division Regula- tions, seconded by Mr, Winter. No discussion. Motion car- ried 6-0. Mr. Lambert asked if these would come back for public hearings and Mr. Annunziato replied that it did not have to, but the City Council may request it. Recreational Vehicle Ordinance Chairma~ Ryder announced that this came about as a result of the last workshop meetLug. He trusts the members not present have read the discmssion from the minutes and would like to hear their comments. He hopes it can be approved and recom- mended to the City Council tonight. He has added a new sec- tion in regards to deed restrictions. This was discussed previously and not felt it was needed, but Boca Raton feels it is and he does also. Col. Trauger stated he read the wor-kshop minutes and thinks the ordinance is commendable, .It probably will not suit everybody and possibly there will be people in opposition,. He thinks the major objections have been bridged and it is possible to park recreational wehicles and boats in areas where it would be most acceptable and still have some order. Mrs. Huckle referred to the definition of Recreational Vehicle including boat and/or boat trailer as part of the definition and pointed out that it was still repeated otherwise. Chair- man Ryder explained how he thought it would bear repetition as most people do not associate boats and trailers as recrea- tional vehicles. Mrs. Huckle stated that it almost contra- dicts itself to give the definition including boat and boat trailer and also spell it out. There was further discussion about the necessity to have boat mud/or boat trailer repeated and it was the consensus of the members to leave it remain in the various places for clarification,~ Mrs. Huckle referred to Page 2 and questioned 'the word "are" in the one sentence and Mr. Annunziato corrected it to "an~'. ~rs. Huckle stated the form of the outline bothered her and Chairman Ryder informed her that some flexibility was being left to the City Attorney. He added they had also not stated that this replaces the existing Chapter 30, but this is a basic guide for their recommendation and he assumes the City Attorney will put i~ in the proper form. Mr. Lambert referred to Section 8 and stated he was not sure he followed the purpose of Paragraph 1 and Chairman Ryder advised that these two paragraphs appeared in the draft pre- pared by the City of Boca Raton and he read the new proposed MINUTES PLANNING & ZONING BO~RD PAGE FOURTEEN AUGUST 23, 1977 Section 8. Mr. Lambert questioned why it only referred to motor vehicles and Chairman Ryder agreed the term could be more specific. Mr. Lambert suggested changimg it to Recrea- tional Vehicles and Mr. Winter suggested Recreational Vehi- cles and boats and/or boat trailers instead of motor vehicles. Mr. Lambert pointed out that motor vehicles were referred to in two places. Chairman Ryder continued that Section 2 refers to developments with deed restrictions, Leisureville as an example, which are more restrictive. Mr. Lambert questionedwhat similar private limitations on !and use would be and Mr. A~nunziato explained how homeowners associations could possibly have regulationm which would mot be deed restrictions. Mr. Carl Zimmermam also explained how cooperative groups also had corporation rules and regulations. Chairman Ryder added that the present Sec- tion 8 would become Sectiom 9. Mrs. Huckle then referred to No. 1 of Section 8 and questioned what type of more restrictive regulations would be covered and Mr. Lambert replied that he was thinking of requirements for an i~spection sticker. Chairman Ryder explained how there was the possibility future City ordinances may have a bearimg and after discussion, it was agreed to state: recreational vehicles, boats and/$r boat. trailers, and motor vehicles. Mr. Lambert asked where in the ordinance major repairs of vehicles on private property were covered and Mm. Annunziato informed him that this was covered by the Eousimg CO~e. Mrs. Hmckle asked if anything had ~een included about tie- downs and Chairman Ryder told about their discussions im reference to this and how it was brought out there would be enforcement problem~ and a dec~sion was reached to delete it. ~s. Huckle referred to Mr. Howell requesting this amd Chair- man Ryder replied that he believes Mr. Howell is aware it was left out. M~. Arena asked how they arrived at the figure of 35 ft. and Chairman Ryder replied that it seems to be a practical overall maximum length, the same being true of the width stated. He explained how they felt it was not unreasonable. Mr. Winter added that 35 ft. was as large as anyone would want to tow anything or drive anything. There are exceptions, but they are rare. Mr. Arena referred to Page 3, No. 3, and the requirements te park on the side or rear, but not closer th~ 3 ft. to the property line on the side or 5 ft. in the rear and referred to a person having the room, but not being able to park it with these set~acks. He suggests possibly stating if space is available as it would be preferable to get it out of the way on the side. Chairman Ryder informed him that this had MINUTES PLANNING & ZONING BOARD PAGE- ~FIFTEEN i AUGUST 23, 1977 been discussed at length and it is a good deal less restric- tive than what3prevails today and other cities have. He thinks we must have a practical approach to it. There must be limitations so it won't be parked right against a neigh- bor. The rear and side yards are allowed within limits and the front is allowed on a paved area in addition to a carport or garage. He thinks what we are doing is going to be some- thing which will be realistically permissable. He told abemt the situatiom in Gelfview Harbour and stated that people could live with this in most i~stances. Mr. Arena stated his only point was when it parking should be allowed on the side and Chairmsm Ryder referred to encroaching on the light a~d air in the side setbacks and stated there must be some limitations. Mr. Arena stated that the point is no% to eliminate it as he would., mu~h rather see a boat on the side where there is room rather than have it on a con- crete pad in front of He believes it would look more offensive in the with houses b~ close s~me provisio don,t meet the it kept out of way and a concrete are Ry~der referred to anyway and it is ~s can in this particular the air ~flow is cut thor. He t~inks be s are exis$~g in the ' that ~It saying we don't want i to pmt~ i~ insti Mr. Lambert added that he also questioned this, but ha~ given it quite a bit of thought a~d would like some restriction on the side parking._ Ne explained how in his neighborhood with allowing parking on the , half of the nice hedges would have to be remove~. He out that it could be parked in the front if it won't fit on the side or rear. He thi~/~s this is a good compromise and is livable. Mr. Arena stated he felt should be if the room. is available on the side they m~st comply with the ordinance, but if not available, he doesn't see the point of 3 ft. Chairman Ryder replied that they were not assu~g the house had been designed om a lot to provide this and if there is not room on the side, it cannot be parked on the side. If they say if room is available, it out..the 3 ft. altogether and there should be some He the~ requested a show of hands from those in agreement with Mr..Arena and none of the members responded. Mr. Winter stated that if there are many exceptions, changes could be made. He has seen places where it is beautifully parked along the side of ~he house and he believes this is the area where it should be parked.. Mr. Arena then asked if someone moves, do they have to DaY the fee again and Chairman:Ryder added that Mr. Howell was MrNUTES PLANNING & ZONING BOARD PAGE SIXTEEN AUGUST 23, 1977 concerned it could be sold and the buyer may assume he does not have to do anything about it since it has a decal. Mr. Ann~nziato pointed out that there was no penalty which re- quires the sticker to be turned ia once the ownership of the recreational vehicle is transferred. He added that there is a $10 fine if a beach sticker is not turned in when you ask for another one. He does not think it will be that signifi- cant ~a problem, but it could be a problem.. Chairma~ Ryder replied that when it implemented by order could be Lambert suggested following the procedure of ~the beach decals with issuance every few years and Mrs. Huckle explained that the reason the Be~ch decals were issued was Because the bumper stickers could be peeled off and put on another bumper and they~decided to change to a permanent one on the inside. Mr. Lambert added that we may find something may have to be done. He asked if Mr. Annunziato was going to br mp to Mr. Moore when he works agreed a note could be ~s and Mr. ziato tiono this to his ~tte~- Chairman Ryder informe~ the members that Mr Howell thinks a $5.00 fee is adequate. Mr. Arena referred to Page 3, Sectio~ 5, No. 4, statinE the recreational vehicle and boat or boat trailer must be cur- rently registered by State and Federal law and if the decals are not renewable every year, there is no way to insure that part of the ordinance. Chairman Ryder informed him that Mr. Howell was i~ favor of making the issuance once. ~. Annunziato stated that he received a different impressio~ and explained how some of the problem would be the difficulty to enforce the ordinance visually. Chairman Ryder stated he thought it would only be enforced on complaint and would be the obligation of the Building Department~ Mr. Lambert re- ferred to the information in the files five years from now with the possibility.~of most of the information being incor- rect. Ee stated that if the decal was renewed at some length of time, the files could just be checked without having a~ inspector going out.~ Mr. Annunziato replied that there was ne reason the file would not Be up-to-date. Mr Lambert explained how when opening a file ' three years from now, ~here would ~e no way to know if the vehicle has a current registratio~ or license and a~ inspector would have to go out to re-inspect. Mr. Annunziato clarified that the BuildingOfficial further o~ this. Mr. Annunziato agree~ and suggested tabling their action tonight and he would make MINUTES PLANNING & ZONING BOARD PAGE -SEVENTEEN AUGUST 23, 1977 a report to the Board~at the next meeting after discussion with the staff. Chairman Ryder agreed and added that hope- fully at that time, we will be im a position to put this in final form. He then ascertained that it was the consensus of the members to table this until Mr. Annun~iato makes a recom- mendation at the next meeting. Other Mr. Lamb~ert referred to discussing the concrete masonry wall part of the ordinance and Chairman Ryder suggested that the City Planner research this and possibly ca~ submit cases and make a recommendatio~ to the Board. ADJOURNMENT Mrs. Huckle made a motion to adjoin, seconded by Mr. Lambert. Motio~ carried 6-0 and the meeting was properly adjourned at 10:OO P. M. Respectfully submitted, Susanne M. Kruse Re cording Secretary (Three Tapes) AGENDA PLANNING AND ZONING BOARD Date!~ AUGUST 23, 1977 Time: 7:30 PiM. Place: Council Chambers - City Hall 1. Acknowledgement of Members and Visitors.. 2. Re~d~ng and Approval of Minutes. 3. Announcements~ 4. Ommunications. 5. Old Business: 6. 'New' Business: A. PUBLIC H .ARINGS: 1. Abandonment Request: Applicant: Norman 'Michael and Bruce Cos%anzo Location: Portions of S.W. 28th Avenue Description: See Survey Conditional Use: Applicant: Scobee-CombS Funeral Home, P.A. Owner of Property: C. Don Combs Address: 1622 N.E. 4th Street Boynton Beach, FL. Request:. Crematory unit to be installed within existing building Rezoning: Applicant: C. A. Ostr~m Owner of Property: Gold Coast Plumbing, Inc. Employee profit sharing trust Legal Description: Lots 14 and 16 C.W. Copps Addition Boynton Beach Request: Rezone from R-2 to C-4 SITE PLAN APPROVAL: Applicant: Michael Gustafson for Tom Gustafson Industries, Inc. Address: 800 N.E. 3 Street, Boynton Beach Legal Description: Lots 112-113 Arden Park Addition Request: Modification to approved site development plans to install additional covered parking. DISCUSSION: 1. Sub-Division RegUlations 2.=::~.Recreational Vehicle Ordinance