Minutes 03-27-725~INT~TES OF THE ~GLq~X MEETING OF THE
PLA~ING AN~ ZONING ~ 5~DtG ~LD
AT CI~ ~L, ~N B~, ~PJP~
~ 27, 1972, AT 7:~0 P.M.
PRESENT
Mr. R. Olds
~x. F. Kostner
~. S. }'-~eaver
}.ir. K Ewing
Mr. C. Aye~
~,~. O. l~ker
Mr. Stuart B.
Fuller, Building Official
l~r. Olds called the meeting to order at 7:32
App..rg. val of }'anutes
February 28~ 1972
.~.{r. Kostner stated that he actually did not arrive late because he was not
notified that the time of the meeting had been changed. Please change minutes
to refledt this change.
Also it states that the m~eting adjourned at 7:50 P.~(., it should state 7:45 P.~I.
~. ~eaver moved hhat the minutes of February 28th be accepted as corrected,
seconded by }ITs. Moore. ~&ation carried 7-0.
March 8, 1972
~{rs. Nbore moved that the minutes of i%~trch 8t]l be accepted as written~ seconded
by Mr. Kostner. ~(iotion carried 7-0.
Site Plan Appro,~val
1. Ball Store - 554 N. E. 27. Avenue
}~Ir. Olds read the notation of the Commmity Appearance Board stating that the
appearance should be improved and was not best for the City.
After the Board reviewed the plan, ~. Weaver moved that the approval be denied
due to the axw, hitect~,a] mtKoearanc~ of the h~ilalng, ~econded by kCrs. Moore.
~r. ~av~r stated it is nothing but a box with a few windows and it could be made
to look a little better.
Mation carried 7-0 .
~eting, Reuglar, Planning 8. Zoning
Board A'hrch 27, 1972
2. Aiken, Apartments, llS1 S. E. 4 Street.
This has been before the Board two times at workshop and some of the Board has
felt that the density was too high.
Mrs. }4oore stated that ,~, Kost asked for this to be rezoned for an office
building. He wanted C-1 to build an office building. He then stated that he
would begin construction as soon as the zone was granted. He has never attempted
construction. ~,~r. Kost sold the property ~ith the guarantee that an apartment
could be built. He agreed to Site plan approval.
~,,,'T. Stanley },esi% 401 S. E. 12 Avenue stated that this is right in his back
yard. This is going to spoil the whole area. He presented a petition to the
Planning ~ Zoning Board signed by residents in the area that are against it.
It is a traffic hazard. We try to beautify Boynton Beach and this is not going
to do it.
Mr. 01ds stated that there are thirty (30) signatures on the petition.
¥~s. Moore stated that it see~$ to be a detriment to the area.
~'~r. Ayers read ~TOm the July 25th minutes that referred to the rezoning request.
~{r. Ayers moved that this portion of the July 26th minutes be incorporated in
tonights meeting, seconded by ~fr. Kostner. }~btion carried 7-0.
Mr. }~ing stated that one of the problems we have is that the plan complies ~ith
the zoning regulations. Everybody is complaining about the density. Tb.e problem
is not in ~r. Aiken or ~. Kost it is ~rith the zoning ordinance. [htil something
is done about the ordinance this ~vill keep happening.
Mr. Ayers read Sections E and H of the Site Plan Approval Ordinance.
Mr. Kostner then stated that based on the paragraph that Mr. Ayers read, this does
not fit into the area.
~,~r. Ernest Simon represented ~{r. /Liken. ~Ir. Simon stated that there seems to be
a great deal of concern about events be{ore the present owner took over the
property. He bought the property as C-1. If there is a question of density,
parking or traffic then he thinks the ordinance ~st be ~rong. [~is client feels
that four stories is the proper height. Directly East of this proposed building
is a gas station, across the street are other business'~ a minute shopping center
and there is under construction a ~ancake House. t'¢e are not creating a problem,
it is a very pleasant appearance. If the four stories is ~at you object to
then the problem is with the zoning not ~ith the plan.
Nr. }fearer stated that t~he proposed ordinance does restrict C-1 more than the
present C-1. The plan m~ets all ordinances that exist except with the points
that ~. Ayers brought out in Section F, and H and he doe~ not know how good this
Regular b~eeting of the Planning
6 Zoning Board ~eting 5-27-72
la~ is. ~'~e have tried to restrict density by providing percentage of the use
o£ the land. He does not know that this Board can do anything more than raise
objection.
Mrs. ~,ioere stated that in talking with ~r. Samo, previous chairman of the
Planning and Zoning Board, he stated that the Board would never have granted
a change from R-2 to C-1 if they had not promised to build an office building.
They would never have passed on this four story building.
b~r. Olds stated that he feels that he is being taken down the river, he is
sorry to say that scme realtors will do this very thing to you.
Mr. Simon stated that he had no previous information on this matter, and he has
no knowledge that ~r. Aiken knew ~fnat took place. Is the Board going to penalize
Mr. Aiken for something his predecessor did?
Mr. Ayers stated that if you recall the minutes states this office building would
be started as soon as the zone was approved. We are getting an entirely different
plan than for which the zoning was approved. P~ thinks the Board should recmanend
to Council that this be rezoned back. It does not meet the conditions of the
Site Plan Ordi ~nance, Sectidms E and H.
Mr. Simon stated that Mr. Aiken proposes to build a very attractive residential
community. If it is not in keeping with the neighborhood it is because of the
h~ight. The area includes a gas station, laundry~grocery store, etc..
kers. Helen ~JHrand, 1121 S. E. 3 Street stated that she has lived here for twenty-
two years and there has never been anything but one story dwellings. She does
not ~ant a four sto~ building blocking her view. It would also cut off the breeze
She does not thi~k it is right to build four stories when everMone else has one
storm homes. She does not see why he cannot be satisfied with two storm d~elling.
It is not right for the neighbors to have to put up with this after they have
lived there this long. We don't want a four storm complex close to our homes.
Mrs. Moore moved that approval of this plan be denied on the basis of the two
paragraphs in the site plan ordinace, seconded by P.r. Ayers. Motion carried
Mr. Weaver, Mr. Kostner~ Mrs. ~,bore and ~{r. Ayers for the denial.
Mr. Weaver stated that this denial will not stop this building from going up.
It is legal under our ordinance. Hopefully it will urge Council to get to work
snd adopt the plan we have before them. He believes our action will be reversed
by the Council or the Court. Hopefully Council will do something about the
Ordinance, so this will not happen again.
Mr. Ayers moved that the Chairman contact the City Council and set up a meeting
with the Planners ~mrking for the City and a Committee of this Board to make a
physical trip to the sections questioned and to other sections of R-3 as soon as
poo~ihlo oo tbs, ,~ ma), f~cSlitate adoption of this plan, seconded by Mrs. Moore.
Pegular ~eeting of the Planning
Zoning Board ~ard~ 27, 1972
Mr. Weaver stated that he has no patience with the delay as
xs concerned. ~qe heard objection~ and passed it on to CityCouncifar aSlthiswithordinanCea
recommendation that it be adopted after their hearings. The Ordinance we have
presented is better than the one we have now. ~e don't thix~ it is perfect. ~e
were not given the benefit of the professional planner at the last portion we
did our best. ·
~,'btion carried 7-0.
3. Lindsey Home Care Center - 1610 S. Congress Ave. preliminary revie~ for
sxte plan approval.
~r. Ford t~almin, l~'Rami, represented the Home Care Center. ~s the Board reviewed
the plan, r~,~. ~4almin explained that this ~ill be like the one in ~trest Palm Beach
and Pompano. He stated that the elevation is quite attractive and will be
thisC°mpatibleas soonWithaS possible.the Leisure Shopping Center. ~4r. ~lmin requested approval on
Nr. Olds stated that a~ter the plan haS been throush all the City Departments,
the Board could possib]~ have a special meeting on this,
Board was in favor of the plan.
4. Pickel Art Center - 1!01 S. Federal Highway, preliminary review £or site plan
approval.
~r. Conrad Pickel was present to explain his plan. The Board reviewed the plan'
~fr. l~cket has a variance from the Board of Adjustment on the setbacks.
The plan will go through the City Deparments before final review, The Board
was favorably ~pressed.
5. OlscvarY'Addxtion to apartment, - 105 S. Iq, 5 Ave. preliminary review for
site plan approval.
~e would like to add two apartments~ making this a quadraplex. ~eets all zoning
ordinances. 'Ihe Board reviewed the plan. Was originally designed for this
addi tion.
~4eeting adjourned at 9:20 P.Iq.
~,.Ir. Largent t_hen disc~ssed portions of a proposed Sub-Division regulation briefly
with the Board.
Robert Olds, Chaiman