Loading...
Minutes 07-09-74MINUTES OF THE REGULAR ~TiNG OF TEE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 9, 1974 AT 7:30 P. M. PRESENT Fred J. Kostner, Chairmau Joseph Kelly, Vice Chairman L. R. Blacketer Mrs. Marilyn Nuckle Oris Walker ABSENT Mrs. Emily Jackson Walter M. Trauger (Excused) (Excused) Jack Barrett, Bldg. Official Chairman Kostner welcomed the people present and called to order the regular meetimg of the Planning & Zoning Board at 7:35 P.M. He then read the agenda for the meeting and sm- neunced the first two items were public hearings and anyone present for or opposed to either would be heard. The minutes of the workshop meeting of June 19 were read. Mrs. Huckle moved to approve the mimutes as submitted, seconded by Mr. Walker. Motion carried 4-0, with Chairman Kostner abstaining since he was not present at this meeting. The minutes of the regular meetiag of Jume 25 were read. Mrs. Huckle moved to approve the minutes as submitted, seconded by Mr. Kelly. Motion carried 3-0, with Chairman Kostner aud Mr. Blacketer abstaining since they were not present at this meeting. The minutes of the special meeting of Ju~e 29 were read. Mr. Kelly referred te Page 5 and stated Mr. Barrett's state- ment should read: "when he lost his deputy, the Planning & Zoning Board plans were hung out to dry.- He explained fur- ther to Mr. Blacketer that this was in auswer to Mrs. Huckle's questions. Mr. Walker moved th accept the minutes as pre- sented with the necessary corrections on Page 5. Mr. Kelly seconded the motion. Motion carried 3-0, with Chairman Kostner and Mr. Blacketer abstaining since they were not present at this meeting. ROLL CALL Chairman Kostner introduced the members of the Board, the Buildimg Official amd Recording Secretary. He that Mrs. Jackson was excused and Mr. Trauger had called and asked to be excused by reason of being tied up at the Sellege. MINUTES PLANNING & ZON~G BOARD PAGE TWO ~Y 9, 1974 Parcel #1 - Lot 6, Sam Brown Jr. S/D, less Hway R/W Recorded in Plat Book 1, Page 81 Palm Beach Co~unty Records Address - 2280 N. Federal Nway Applicant- Thomas Boffey Request - Conditional Use, Restaurant Addition Mr. Thomas Boffey stated his name and that he was the owner and operator of the Gulfstream Marina located at 2280 North Federal Highway. He first presented the chairmam with a statement signed by many neighbors giving their consent for this conditional use. He advised the Board that the condi- tional use they were asking for woul~ serve two purposes, both te benefit the City and themselves. First amd most important was the fire they recently suffered, which they believe was caused by the lack of storage area. Ne contin- ued that expansion of the kitchen area would give additional Board for their consideration. Chairman Kostner then read the names amd addresses listed on the statement advising of no opposition to this addition. Ne' then ascertained that there was nobody present either in favor or in opposition to this applicatiom. Mr. Barrett then showed the pla~s to the members. Mr. Kelly stated this was previously considered in June and noted that no changes had been made. Mrs. Huckle stated that the prop- erty is presently zoned R-3 and it did receive permission for conditional use previously and questioned if this was just for expansion. Mr. Barrett replied: yes and it did need improvement to relieve the kitchen from being used for stor- age. Mr. Blacketer then asked for am explanation between conditional use and rezoning. Mr. Barrett informed him that conditional use was based upon approval by the Plmuning& Zoning Board and City Council. It stays with the property as long as the occupancy remains the same. Mr. Blacketer stated they were actually rezoning then. Mr. Kelly then read ~rdinance 63-23 when conditional use was gramted to this property passed on second reading by the City Council on August 5, 1963. Mr. Barrett stated that Mr. Blacketer may have a point, but it is not a question of rezoning, as it states in the zoning that this will be allowed. The marina is a conditional use. it must be comsidered. You are not chamging the zoning, it is still R-3. You would Just be extending the conditional uae. MINUTES PLA~ING & ZONING BOARD PAGE THREE JULY 9, 1974 Mr. Walker made a motion that the request for conditional use by Gulfstream Marina for the restaurant addition be recommended to the City Council. Mr. Kelly seconded the motion. Motion carried 5-0. Parcel #2 - Abandonment of a portion of the plat, including All Reserve Area, Roadways, Alleys amd Easements contained therein, of a Parcel more particularly described as: Lots 1 thru 4 incl., Block 13 Lots 17 & 18, BloCk 8 All of Blocks 9 thru 12 incl. All !~ Gulf Stream Estates, Plat No. 2 Recorded in Plat Book 13, Page 51 Palm Beach County Records Owner: KAM Const., Inc. Mr. Ken Murraystated his name and his address as 2200 Lake Drive. He imformed tha Board that at a previous meeting, he requested tentative approval of a replat of Gulf~reamEstates, Plat No. 2, which he believed wac approved subject to the pro- per abandonmemt procedures. Chairman Kostner pointed out that the legal descriptiom covers only the upper part, which is the part involved. The legal description as shown is correct. All the members have re- ceived the correspondence from the various departmemts as outlined amd all have indicated ne objection regarding this matter. Mr. Walker ~uestiomed whether a reply had been re- ceived from Florida Power & Light Compamy. Mr. Blacketer questioned if any Florida Power & Light Company lines were in there now amd Mr. Murray replied: no. Mr. Kelly clarified they had letters from Southerm Bel~, Florida Department ef Transportation, the City E~gineer, Tom Clark, Superintendent of General Services am~ Teleprompter Cable., none of which had any objections. He added that 3omthern Bell stated they did mot have utility limes i~ this area at this time, but ease- ments should be provided for in the replat. Mr. Barrett stated he was sure there was a letter from Florida Power & Light Cempamy and reqmested a five secomd recess to locate it. He returne~ with a letter from the Florida Public Util- ities Company. Mr. Kelly read this letter from their engi- neer, B. R. Becker, advisimg they had mo o~jection. Chair- man Kostner stated he presumed t~ey should also have a letter from Florida Power & Light Company. Mr. Barrett suggested a recommemdatien based om the City Coumcil receiving from Florida Power & Light Company. You would be recommending prelimina~ approval for the replat and it must be heard again for final approval. The ordinance req~res, preliminary and final approval. Mr. Kelly questioned if they ha~ already A~oved this and Mr. Barrett clarified they had looked at it, but it was not properly advertised. MINUTES PLANNING & ZONING BOARD PAGE FOUR JULY 9, 1974 Chairman Kostner ascertained that there was nobody present either in favor to or in opposition to this application. Mr. Kelly stated that in view of the fact that nobody has appeared against this at the public hearing, he recommended that the Board pass preliminary approval of the revised plat and also approve recommendation ef abandonment of the plat including all reserve area, roadways, alleys amd easements based upon the fact that none of the utilities or ~ity depart- ments have raised any objection, with the reservation that the approval be made upon receipt of a statememt from Florida Power & Light Company that they have no objections. Mr. Walker stated that he just found a memo from Florida Power & Light Company. Chairman Kostmer read the memo in which they stated they have no objectio~ as long as they are permitted to re- tain a 6 ft. easement along the north, south and west property lines. Mr. Murray stated he was in agreement and it was shown, on the plan. The members looked at the plan. Mr. Kelly withdrew his motion which included two subjects. Mr. Kelly made a motion ths. t the Board recommend to the City Coumcil that abamdonmemt of a portion of the plat, includimg all reserve area, roadways, alleys and easements contained therein in Gulf Stream Estates, Plat No. 2, Be approved sub- Ject to the request of Florida Power & Light Compamy for an easement on the north, south aud west property lines. Mr. Blacketer seconded the motion. Motion carried 5-0. Mr. Walker made a motion to recommend approval of the replat of Gulf Stream Estates as indicated ia the request. Mr. Kelly seconded the motion. Motion carried 5-0. SITE PLAN REVIE~ M & K Pizza - Existing Building, Interior Remodeling. 609 N. Federal Highway Mr. Barrett showed the plans to the members. He explained where it was located and pointed out that it was an existing building, Mrs. Nuckle asked what it was prior to now and Mr. Barrett replied that it was a private house. Mrs. Huckle questioned the type of restaurant and Mr. Barrett stated it would only be take-out. Mrs. Huckle questioned the zomi~g and Mr. Barrett informed her it was C-1 or C-2 and i~ commer- cial. The adequacy of the parking was discussed. Mr. Barrett also pointed out that the various departments had approved the plan. Mr. Walker made a motion to approve the plan for M & K Pizza as presented. .Mrs. Huckl~':~seconded the motion. Motion car- ried 5-0. MINUTES PLANNING & ZONING BOARD PAGE FIVE Jb~LY 9, 1974 OTHER BUS INESS Mr. Blacketer presented a letter of resignation to the Chairma~ and added that it was to his sorrow that he had to do this. He informed them that he would have to be out of town often dm the future.. Chairma~ Kostner stated he believed the letter should be addressed to the City Co~acil, but Mr. Barrett advised that it could be addressed to the Chairma~ amd he could relay it to the City Council. Chair- man Kostner stated he was s~e every member would agree with him that Mr. Blacketer has been an asset te the Board a~d they would regretfmlly accept this letter. They do realize he has other matters to attend to, bmr hate to lose him amd wish him well. Mr. Kelly stated he agreed smd. endorsed the Chairman,s remarks. Mr. Barrett added that he did his Best to talk him out of it. Mr. Blacketer stated he would be out of town amd would have to miss 12 or 15 .meetings and did not think it would be fair to the rest of the members. Chairma~ Kostner stated it would to be excused, such as they did with Mrs. Jacks r did wimh him well. Mrs. Huckle stated she Blacketer has spent ms.ny years on City Boards amd felt he should get a much de- served rest, even with as much as this Board appreoiated him. Chairma~Kostner them read Mr. Blacketer's letter of resigna- tion stating that due to other causes to which he must give time, he was unable to serve on the Planning & Zoning Board. He stated it was a pleas~e to serve with the other Board members, etc. Chairman Kostner stated it was a very kind letter and thanked him for it. ADJOURNMENT Mr. Walker made a motion to adjourn, seconded By Mr. Kelly. Motion carried 5-0 and the meeting was properly adjourned at 8:25 P.M.