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Minutes 02-20-97 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 20, 1997, AT 7:00 P.M. PRESENT James Miriana, Cha'~rman James Cherof, City Attorney Ben Uleck, Vice Chairman Tambri Heyden, Planning & Zoning Director Patti Hammer Jerzy Lewicki, Assistant Planner Agnes Hollingshead Mike Haag, Planning Coordinator Howard Rappoport 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Miriana called the meeting to order at 7:00 p.m. He introduced the board members, City Attorney Cherof, the Planning and Zoning Department staff, and 'the Recording Secretary. 2. APPROVAL OF AGENDA The agenda was accepted as p resented. 3. APPROVAL OF MINUTES Mr. Rappoport moved to dispense with the minutes of the November 18, 1996 meeting. Ms. Hammer seconded the motion which carried unanimously. 4. COMMUNICATIONS AND' ANNOUNCEMENTS None 5. ELECTION OF OFFICERS Election of Chairperson Mr. Uleck nominated ~James Miriana as Chairman of the board. Ms. Hollingshead nominated Patti Hammer as Chair. Motion Mr. Rappoport moved that the nominations for Chairperson be closed. Ms. Hollingshead seconded the motion which carried unanimously. The vote was polled for James Miriana. The vote was 2-3. (Howard Rappoport, Patti Hammer, and Agnes Hollingshead cast the dissented.) The vote was polled for Patti Hammer. The vote was 3-2. (Mr. Miriana and Mr. Uleck cast the dissenting votes.) Ms. Hammer was elected Chairperson of the Board of Zoning Appeals. ] MEETING MINUTES BOARD OF ZONING APPEALS FEBRUARY 20, 1997 BOYNTON BEACH, FLORIDA Election of Vice Chairperson Mr. Rappoport nominated James Miriana as Vice Chairperson. Ms. Hammer nominated Agnes Hollingshead as Vice Chairperson. Motion Mr. Rappoport moved to dose the nominations. Ms. Hammer seconded the motion which carried unanimously. The vote was polled for James Miriana. The vote was 4-1. (Ms. Hammer cast the dissenting vote.) Ms. Hammer presided as Chairperson over the remainder of the meeting. Ms. Hollingshead, along with the other board members, thanked Vice Chairman Miriana for all of his good work and the service he provided to the board members. 6. OLD BUSINESS None. 7. NEW BUSINESS PUBLIC HEARING Case No. 228 Project: Shoppes of Woolbright (Discount Auto and Food Court) Location: East side of SW 8th Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Owner: Howard R. Schadin Requested Variance: Relief from Section 6.F.7.e of Chapter 2 of the City's Land Development Regulations to allow a reduction of the following setbacks: , rear yard setback of the proposed Lot 2 from 40 feet to 24.83 feet · northern side yard setback of the proposed Lot I from 30 feet to 28.5 feet , northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet. -- Chairwoman Hammer read the request. MEETING MINUTES BOARD OF ZONING APPEALS FEBRUARY 20, 1997 BOYNTON BEACH, FLORIDA Bradley Miller, agent for the applicant, explained that they are requesting three variances for two proposed buildings within the Shoppes of Woolbright PCD. This is an outparcel at the northeast corner of Woolbright and SW 8th Street. Mr. Miller used drawings to display the parcels. Burger King is currently under construction on the parcel which is located at the corner of Woolbright and SW 8th street. The proposed Discount Auto will be on Lot #1, and a Food Court building will be on Lot #2 which is the northern portion of the tract. All of these variances are based on applying the building setbacks for a PCD development. To the east of Discount Auto is the parking for the Home Depot building. There is approximately 600 feet between the proposed buildings and Home Depot. On the north side, the Food Court is adiacent to the public access for the commercial development. Using the drawing, Mr. Miller pointed out the parking area in front of Home Depot and advised that there is a recorded document which establishes the parking area to be a common area for parking and cross-access for all of the uses within this development. In the opinion of the applicant, approval of the requested variances will still allow the setbacks to meet the intent of the PCD. Setbacks are established to provide open space and separation between buildings, and adequate light and air between buildings. The applicant feels this will still be accomplished if the variances are granted. Mr. Miller explained that these projects are scheduled to go before the City Comm'~ssion for site plan approval on March 4, 1997. Variance approvals are necessary for these applications to go forward. In response to Chairwoman Hammer's question, Ms. Heyden advised that City staff does not make recommendations with regard to Board of Zoning Appeals cases. However, they provide as much data as is necessary to guide the members. Staff has no objection to these variances. Mr. Miller explained that there will be two entrances; one entrance will be between Burger King and Discount Auto, and the second will be between Discount Auto and the Food Court. Ms. Hollingshead thought the variance for the Food Court would not be necessary if the building could have been set on the lot with the shape of the building rotated 900. Mr. Miller said the initial submittal of the site plan for the Food Court did have the building rotated 900. It would have required a variance on the rear side of the building. However, there were concerns with regard to loading and unloading waste from behind the building. This design was implemented to satisfy those comments from City departments. Motion Mr. P, appoport moved to approve the proposal for the Food Court variance and the Discount Auto variance as Case #228. Ms. Hollingshead seconded the motion which carried unanimously. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 20, 1997 Case No. 230 Project: Boynton Commerce Center Location: 1900-2118 Corporate Drive Owner: Menorah Realty, Ltd. c/o Colliers Lehrer Adler, Agent Requested Variance: Relief from Section 7.M.17 of Chapter 2 of the City's Land Development Regulations to reduce the required peripheral greenbelt width feet from the required 25 feet to 3.5 feet. Chairwoman Hammer read the request. Alien Gainsborg, Director of Construction Management Services for Colliers Lehrer Adler, explained that in July, 1992, the previous owner of the property was granted a reduction to 15 feet on the north end of these three parcels and approximately 6 feet on the south end to allow for additional parking spaces on the east side of the Boynton Commerce Center. When work started in the field, it was determined that there was not enough width for the parking stalls and the back- out radius. The applicant requires a further reduction in the greenbelt area of approximately 4 feet on the north end, and 3 feet on the south end of the project. The applicant does not intend to change any of the plant materials that will be installed in the area. The trees and plants which were approved by the City will be installed. Mary Moriarty, resident of Leisureville, advised that she lives directly west of this greenbelt, between Woolbright Road and SW 23rd Avenue, on the west side of the canal. Ms. Moriarty said' that if this area is located where the surveyors' stakes have been placed, there is nothing there. It appeared to her that something has been removed from the area. She requested a definition of "greenbelt" because if it means reducing the trees and shrubs, she feels it is environmentally wrong. Mr. Lewicki explained that the area ~nvolved in this application is on the east side of the PID ..... development, not on the west side. There is no housing across the railroad tracks. There is a recreational area and 1-95. Attorney Cherof clarified a "greenbelt" as defined in the Code. He pointed out that a "greenbelt" must be a landscaped area. He further explained that the requirement would be for this applicant ...... to construct a greenbelt. The applicant is asking for relief of that requirement to minimize the width of that planting. Ms. Moriarty feels this request would reduce the greenbelt area too much. She is concerned about the fumes from 1-95, and the noise from the railroad. Maintaining this greenbelt will help the residents of Leisureville. Mr. Rappoport pointed out that a greenbelt on the west side would affect Leisureville. Mr. Gainsborg said there is a 25 foot wide greenbelt along the west side of their west parking lot which abuts the canal. That greenbelt is thick with full vegetation. 4 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 20, 1997 Ms. Moriarty said there was a 25 foot greenbelt two months ago. However, equipment was brought in and chopped away the greenbelt. There are holes through the greenbelt now and she is concerned about security. Mr. Gainsborg advised that the applicant was not responsible for that action. Their property line goes only 3 feet into the greenbelt area. Mr. Gainsborg does not know who owns that property. The area of his request is on the opposite side of the property. Mr. Rappoport was of the opinion that if a variance is being requested on the east side, the applicant should see to it that the people are protected on the west side. Mr. Gainsborg explained that he has nothing to do with the west side. Ms. Heyden stated that the applicant is requesting relief on the side of the property that fronts the railroad tracks. The buffer which was put in place in the 1980s is still in place. Every PID master plan greenbelt design varies from project to project. The City has become more stringent in its greenbelt requirements over the past five years, but this master plan greenbelt only called for a row of trees. Those trees are in place. The greenbelt is put in place to provide landscaping and space. Ms. Modarty is located on the opposite side of the canal -- not in the area where the applicant is requesting relief. Ms. Moriarty requested that the record reflect her co ncern about the removal of greenbelts because of the noise from the railroad tracks and 1-95, and the fumes. Chairwoman Hammer suggested that Ms. Moriarty discuss her concerns with the City Manager's Office and Vice Mayor Jaskiewicz since this issue was not associated with tonight's case. Ms. Heyden said that although the applicant is requesting re lief for the size of the greenbelt, he will be providing the same amount of landscaping that would have been required if it was a 25 foot greenbelt. Mr. Gainsborg explained that the applicant does not own any vacant land on Corporate Drive. They only own three existing parcels (3D, E, and F). The remainder of the land is owned by someone else. The applicant will not be disturbing anything on the west side of the buildings. The request is only for the east side along the CSX railroad tracks. Although the request is for a reduction in the width of the buffer, the applicant will put in the same amount of plant material that would be required for the 25 foot buffer. Motion Vice Chairman Miriana moved to GRANT the variance to Section 7.M.17 of Chapter 2 of the City's Land Development Regulations to reduce the required peripheral greenbelt width feet from the required 25 feet to 3.5 feet. Mr. Rappoport seconded the motion which carried unanimously. 8. OTHER BUSINESS None MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA FEBRUARY 20, 1997 9. COMMENTS BY MEMBERS None 10. ADJOURNMENT There being no further business to come before the Board of Zoning Appeals, Ms. Hollingshead moved to adjourn the meeting at 7:40 p.m. Vice Chairman Miriana seconded the motion which carried unanimously. J'anet M. Prainito Recording Secretary (One Tape) Prepared by: James A. Cherof, Esq: City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTN BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 228 SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court) East side of SW 8th Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Boynton Beach, FL The Appellant, Howard R. Scharlin, through his agent Bradley Miller, appeared before the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F.7.e. to allow a reduction of the following setbacks: · rear yard setback of the proposed Lot 2 from 40 feet to 24.83 feet · northern side yard setback of the proposed Lot 1 from 30 feet to 28.5 feet northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet Based on the testimony of Bradley Miller, 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 ~.oI Boy Lon Beach Land Development Regulations, Chapter 2, Section 6.F.~.e. !o al~? a~ uction of setbacks as outlined above is hereby granted... ~_~ .~..~.~, ,~~.'~ ,~~a~,~ DATED: .,~/~ ,,.~./'~.~' P~ttT'l-'i'a~ me[' a~rperson ATTEST: City Clerk Shopp~ ~ Prepared by: James A. Cherof, Esq. City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 228 SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court) East side of SW 8th Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Boynton Beach, FL The Appellant, Howard R. Scharlin, through his agent Bradley Miller, appeared before the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F.7.e. to allow a reduction of the following setbacks: · rear yard setback of the proposed Lot 1 from 40 feet to 24.83 feet; · northern side yard setback of the proposed Lot 1 from 30 feet to 28.5 feet · northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet Based on the testimony of Bradley Miller, 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, Chapter 2, Sectior~.F.7.~pw a re~di~ction of setbacks as outlined ab ove is hereby granted. ~~~ Patti Hammer, Chairperson ATTEST: lerk %. :.# CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS Boca Raton I (156!) 994-6411 PLANNING I ZONING I PERMII-[ING Fax I (1561) 994-0447 March 6, 1997 Tambri J. Heyden, AICP CITY OF BOYNTON BEACH PLANNING & ZONING DEPT. 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Shoppes of Woolbright, Lots I and 2 Variance Approval - Your Case No. BZAV 96-012/Case # 228 Dear Tambri: Please note the correction to the development order for the subject variance approval. The first bullet item states the approval of "rear yard setback of the proposed Lot 2 from 40 feet to 24.83 feet". The correct approval is "rear yard setback of the proposed Lot 1 from 40 feet to 24.83 feet". This setback pertains to the east side of the Discount Auto building which is to be situated on Lot 1. Please provide me with a corrected development order. Thank you. Sincerely, CHARLES PUTMAN &ASSOCIATES, INC. cc: Michael Morton ~' James A. Cherof, Esq. rnorton\woolbr t\var0306.1tr 4722 N.W. Boca Raton Boulevard I Suite C106 i Boca Raton, Florida 33431 Prepared by: James A. Cherof, Esq. City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTN BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 228 SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court) EaSt side Of SW 8~h Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Boynton Beach, FL The Appellant, Howard R. Scharlin, through his agent Bradley Miller appeared before the Board of Zoning Appeals on February 20, !997 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F.7.e. to allow a reduction of the following setbacks: · rear yard setback of the proposed Lot~rom 40 feet to 24.83 feet · northern side yard setback of the proposed Lot ! from 30 feet to 28.5 feet northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet < Based on the testimony of Bradley Miller, and the evidence presented, the Board finds that a basis for relief has been established. Accordingly, IT IS ORDERED THAT: The re uest for Relief from t~-qt~,of Boyr ton Beach Land Development q , . Regulations, Chapter 2, Section 6.F. ~.e. to all~ a~/rle uction of setbacks as outlined - p&tti ~ammer, a~rperson ATTEST: City ~31er ~ o~- - z &, ....... MEMORANDUM March 17, 1997 TO: Sue Kruse, City Clerk n'~ FROM: Rose Marie Lamanna, Legal Assista RE: Shoppes of Wootbright - Board of Zoning Appeals Order (Discount Auto and Food Court) 'Pursuant to the attached letter from Bradley D. Miller, and the direction of Tambri Heyden, Director of Planning, I have made the requested change to the Board of Zoning Appeals Order. Would you please see that this Order is properly executed. If you have any questions regarding this matter, please do not hesitate to contact me. s/ Encs. as stated cc: Tambri Heyden, Director of Planning Prepared by: James A. Cherof, Esq. City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 230 BOYNTON COMMERCE CENTER 1900-2118 Corporate Drive Boynton Beach, FL The Appellant, Menorah Realty, Ltd. cio Colliers Lehrer Adler, through its agent, Allen Gainsborg, Director of Construction Management Services for Colliers Lehrer Adler, appeared before the Board of Zoning Appeals on February 20, 1997, and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.M.17 to reduce the required peripheral greenbelt width feet from the required 25 feet to 3.5 feet. Based on the testimony of Allen Gainsborg 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, Chapter 2, Zoning, Section 7.M., to reduce Ithe required peripheral greenbelt width feet from the required 2~~e~, is h. jer~by gra~ted.~ DATED: ,~,,~, ~~~er,'~pers~n ATTEST: Cit~Clerk Bd.ZoningAppeaL Boyn~nCommemeCenter, 2D01g7 "20 ~///1~!11 illJJlj~