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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