Minutes 05-19-97 MINUTESOF THE BOARD OF ZONING APPEALS MiSETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON MONDAY, MAY 19, 1997, AT 7:00 P.M.
PRESENT
Patti Hammer, Chairwoman Michael Haag, Current Planning
James Miriana. Vice Chairman Coordinator
Agnes Hollingshead Jerzy Lewicki. Assistant Planner
Howard Rappoport Michael Pawelczyk, Asst. City
Ben Uleck Attorney
1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chairwoman Hammer called the meeting to order at 7:00 p.m. She introduced the members of the board,
and Attorney Pawelczyk.
2. APPROVAL OF AGENDA
Vice Chairman Miriana moved to approve the agenda as presented. Mr. Rappoport seconded the motion
which carried unanimously.
3. APPROVAL OF MINUTES
Ms. Hollingshead moved to approve the minutes of the March 17 1997 meeting. Vice Chairman Miriana
seconded the motion which carried unanimously.
4. COMMUNICATIONS AND ANNOUNCEMENTS
Chairwoman Hammer asked for clarification from the Planning and Zoning Department staff regarding how
far in advance applications must be filed to appear before the Board of Zoning Appeals hearing.
When Mr. Haag advised that the applications must be submitted one month prior to a meeting date,
Chairwoman Hammer explained that she was unaware of an impending meeting until she received her
packet of information on Friday. She requested that she receive notification in advance that a meeting will
be held. She pointed out that although there is a schedule of meetings for this board for the year, on
many occasions the meeting is canceled because there are no cases to be heard. As chairperson of the
board, she would like the courtesy of a phone call so that she can properly arrange her schedule.
5. OLD BUSINESS:
None
6. NEW BUSINESS:
PUBLIC HEARING
Case No. 233
Project: Dr. M. D. Schreiber
Location: 101 SE 27th Avenue
Owner: Dr. Mark Schreiber
Requested
Variance: Relief for variances to Section 5. Article III of Chapter 21 - Signs of the City's
Land Development Regulations is required to allow reductions of the following
setback requirements for the proposed monument sign:
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA MAY 19, 1997
· front setback: to two (2) feet from the required ten (10) feet (a reduction
of eight (8) feet; and
· side setback: to one (1) foot from the required ten (10) feet (a reduction
of nine (9) feet.
Chairwoman Hammer read the application.
Earl Kruger, Planning & Zoning Consultant, representing the owner, advised that this property is
situated on an angle to Seacrest Boulevard. There is a small area between Seacrest Boulevard and 27th
Street which was taken by the City. For that reason, the applicant cannot construct a sign within the
proper setbacks that will be of any use because it will not be seen by anyone. The applicant is requesting
a variance to place the sign within one foot of the western property line, and two feet from the eastern
property line. This will allow the sign to be seen from the north and south approaches on Seacrest
Boulevard. Mr. Kruger confirmed for the members that the overall height of the s~gn is approximately 9.5'
to 10'. The sign is placed high enough so that it will not interfere with any lines of sight. The temporary
sign and the brick posts will be removed.
Mr. Lewicki advised that staff has no objection to the approval of this request with the condition that the
temporary sign and two posts be removed prior to erection of the sign.
Motion
Vice Chairman Miriana moved to GRANT the variance based on the fact that this is a special condition
created by the fact that the property is triangular in shape and it necessitates a special condition whereby
the sign, to be properly viewed, must be forward of the property hines as requested; to grant a variance for
a setback of two feet front and one foot side, with the understanding that the temporary sign and both
existing brick posts be removed prior to erection of the proposed sign. Mr. Rappoport seconded the
motion which carried unanimously.
Case No. 234
Project: Sun-Sentinel Distribution Facility at Quantum Park
Location: Park Ridge Road/Alpha Drive, Lot 46A Quantum Park
Owner: Butters Constructio~'~ and Development, Inc.
Requested
Variance: Request for a variance to the Land Development Regulations Chapter 2,
Section 7.4.3. - Accessways to reduce the minimum driveway spacing
requirement of 150 feet to approximately 63 feet 9 inches.
Malcolm Butters, 2005 NW 62 Street, Fort Lauderdale, Florida, advised that he is under contract to
purchase this land for a distribution facility for the Sun-Sentinel Newspaper. This is a small lot at the end
of an area that has been developed into small industrial uses. Because this property is located on a
corner, wnerever the driveways are positioned they will not meet the Code. A traffic consultant analyzed
the situation and determined that the proposed location of the driveways is the safest and most efficient.
The driveways are as far from the corner as they can possibly be placed for safety reasons. This results
in the driveways being less than 150' from Flowers and Safety Kleen. However, in terms of traffic safety, it
is the best location. Mr. Kruger advised that similar variances have been granted in this area of the Park
because of the development of this area as small lots.
2
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA MAY 19, 1997
Mr. Lewicki advised that staff has no objection to this request. This project was processed for site plan
approval, but approval of this variance request is one of the conditions of approval of that site plan
process. The site plan was reviewed by the Planning and Development Board, and they unanimously
recommended approval of this project.
Motion
Ms. Hollingshead moved to grant the specific variance as requested with no additional conditions. Mr.
Rappoport seconded the motion which carried unanimously
7. OTHER BUSINESS
Vice Chairmar~ Miriana announced that this was probably the last time this board would be meeting s'~nce
the Ordinance abolishing the board is due for second reading at the City Commission meeting tomorrow
evening. Chairwoman Hammer thanked everyone for serving on the board.
8. COMMENTS BY MEMBERS
None
9. ADJOURNMENT
There being no further business to come before the Board of Zoning Appeals, Ms. Hollingshead moved to
adjourn the meeting at 7:30 p.m. Mr. Rappoport seconded the motion which carried unanimously.
Prainito
Recording Secretary
(One Tape)
s :\cc\wp\rain utes\bza\051997.doc
Prepared by: Michael J. Pawelczyk, Esq. "'~?~'~ ~ ~' ~-' -'--'
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
ORDER GRANTING RELIEF
IN RE:
Sun Sentinel in Quantum Corporate Park, Southeast corner of Park Ridge
Road and Alpha Drive, Lot 46A Quantum Park, Boynton Beach; Case No.
234, File No. BZAV 97-006
The Applicant, Quantum Associates, through his agent, Malcolm Butters of
Butters & Associates in Fort Lauderdale, appeared before the Board of Zoning Appeals
on May 19, 1997, and requested Relief from Article III, Chapter 2, Section 7.H.3 -
Accessways of the City"s Land Development Regulations, to allow reduction of the 150
foot minimum driveway spacing requirement to ·
63 Feet, 9 inches for a driveway proposed on Park Ridge
Boulevard (distance between proposed driveway and an
existing driveway to the east on adjacent Flowers Bakery
lot), and
110 feet for a driveway proposed on Alpha Drive (distance
between proposed driveway and an existing driveway to the
south on adjacent Safety Kleen lot).
Based on the testimony of Malcolm Butters and the evidence presented, the
Board finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations, Article II!, Chapter 2, Section 7.H.3 to allow a reduction of the 150 foot
minimum driveway spacing requirement to:
63 Feet, 9 inches for a driveway proposed on Park Ridge
Boulevard (distance between proposed driveway and an
existing driveway to the east on adjacent Flowers Bakery
lot), and
110 feet for a driveway proposed on Alpha Drive (distance
between proposed driveway and an existing driveWay to the
south on adjacent Safety Kleen lot).
Patti r; ~1 -
~irperson
ATTEST:
City~lerk '' "- '/ '~---~ ~
wp~.Bdorders~,Sun S~,Oti[ml - Quantum
~,,,,~. · o~ '?,,,.
~0~' ~ O~
_~ig -
Prepared by: Michael J. Pawelczyk, Esq.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
ORDER GRANTING RELIEF
IN RE:
Dr. Mark Schreiber, Plastic Surgery Art Center, 101 SE 27th Avenue,
Boynton Beach; Case No. 233 ~,,/,. ~_(o~' 'L~(o\~
The Appellant, Dr. Mark Schreiber, through his agent and Planning and Zoning
Consultant, Burl Krueger, appeared before the Board of Zoning Appeals on May 19,
1997, and requested Relief from Section 5, Article III of Chapter 21 of the City"s Land
Development Regulations, to allow reductions of the following setback requirements for
a proposed monument sign:
front setback: to two (2) feet from the required ten (10) feet
(a reduction of eight (8) feet), and
side setback: to one (1)foot from the required ten (10) feet
(a reduction of nine (9) feet) along the western property line.
Based on the testimony of Burl Krueger and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations, Article III, Chapter 21, Section 5 to allow reductions of the following
setback requirements for a proposed monument sign:
front setback: to two (2) feet from the required ten (10) feet
(a reduction of eight (8) feet), and
side setback: to one (1) foot from the required ten (10) feet (a
reduction of nine (9) feet), along the western property line,
is hereby granted, subject to the following conditions:
1. That the existing temporary sign Located on the property is removed; and
DATED: ,.-~-,~.,/'"~ ~'"~a'~mer, Chairperson
ATTEST:
City'Clerk
wp\Rd or d ers\Sc h rei.b.~t r..
5119/97
~'.'"_' ,-, ,~ N 'r 0 .; ?///.
% 1