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Minutes 07-17-95 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 17, 1995, at 7:00 P.M. PRESENT Vernon ThOmpson, Chairman Tambri Heyden, Planning and Zoning James Miriana, Vice Chairman Director Arthur Berman Leonard Rubin, Assistant City Attorney Barkley Garnsey Patti Hammer Raychel HouSton Robert Taylor, Alternate ABSENT Ben Uleck 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:05 p.m. and introduced the members of the board, Attorney Rubin, Ms. Heyden, and the recording secretary. He also acknowledged the presence of Mayor Gerald Taylor and Vice Mayor:Matthew Bradley. 2. APPROVAL OF AGENDA No additions, deletions, or corrections were made to the agenda. 3. APPROVAL OF MINUTES Motion Ms. Houston moved to approve the minutes of the June 19, 1995 meeting as submitted. Ms. Hammer seconded the motion which carried unanimously. 4. COMMUNICATIONS AND ANNOUNCEMENTS None. MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 5. OLD BUSINESS None. 6. NEW BUSINESS Public Hearing A. Case No. 208 Location: Northwest corner of Boynton Beach Boulevard and N.W. 7th Court Property Owner: Walter Dutch, Trustee Requested Variance: Request for relief from Section 11.J of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations to reduce the width of a loading zone from 12 feet to 9 feet in connection with construction of a new drive- through convenience store. The applicant had withdrawn this request. B. Case No. 209 Location: Northeast corner of Boynton Beach Boulevard and N.W. 7th Court Property Owner: Papa John's USA Requested Variance: Request for relief from Section 11.J of Chapter 2- Zoning of the City of Boynton Beach Land Development Regulations to omit a loading zone ~n connection with construction of a new p~zza store with take-out and delivery services. ALSO Request for relief from Section 11 .H.d of Chapter 2 - Zoning of the City of Boynton Beach Land Development Regulations which 2 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 requires six (6) parking spaces for a 1,142 square foot pizza store, rather than the five (5) parking spaces proposed. Chairman Thompson explained that this board is composed of seven members and is not based on a majority vote. Therefore, three votes against any request would deny the request. He also explained that the only recourse the applicant would have if this request is denied is to take this matter to court, or reapply to this board one year later. He further explained that the board makes its decision based on whether a hardship exists and was created by the City or County, not the owner. The recording secretary administered the oath to all who would be testifying this evening. Ms. Houston read portions of the application regarding this request, including the applicant's statement of reasons justifying the requested variances. Chairman Thompson advised that each case is based on its own merit. He opened the floor to anyone who would like to speak in favor of granting these variances. Bemmie Eustace works for Interplan Practice Ltd., the architectural engineering firm for the proposed Papa John's. She introduced Don Godsey, the Director of Construction for Papa John's. She advised that the site plan was reviewed by the Planning and Development Board last week and as a result of public input and concerns of the Planning and Development Board, the applicant tried to come up with a solution. The applicant introduced a new option, which was a cross access easement from Wendy's, which is directly adjacent and shares a common property line with the proposed Papa John's. An alternative plan was developed and because of the cross access, the applicant was able to rework the site and meet the code with regard to parking space requirements. Therefore, she withdrew the request for a reduction of the parking spaces. Ms. Eustace presented copies of the alternate plan to the members of the Board and the audience. She asked the board to consider this alternative layout and to allow the MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 applicant to omit the loading zone. She is aware that this plan will have to go back through staff review for technical comments. Ms. Eustace stated that Papa John's has demonstrated in other stores that a loading area oftentimes is not part of the Papa John's concept in the site layout because deliveries occur during off-operating hours. This is something previous sites were able to work out from an operational standpoint without any problem and without any conflict with people entering and exiting the site to get pizzas. Therefore, Papa John's has no need for a loading area. She asked the board to consider granting this variance with the stipulation that deliveries be scheduled so that they are not in conflict with the hours that Papa John's is open to the public. Papa John's does not want deliveries during those hours because the employees are too busy to take the delivery and need to be focusing on making the p~zzas and delivering them, not on emptying the truck, signing papers and checking inventory. She requested that the board grant the variance for the deletion of the loading area. Ms. Houston asked how many deliveries Papa John's gets per week. Mr. Godsey advised that deliveries would be based on volume and need and that if a 24 foot trailer is used, there would be one delivery a week. However, in this case, a break down system would probably be used and a much smaller truck (12 to 14 feet) would deliver twice a week. Ms. Hammer inquired about the hours of operation. Mr. Godsey advised that Papa John's will be open from 11:00 a.m. until 12:30 a.m. Deliveries will be made between the hours of 8:00 a.m. and 10.'00 a.m. In response to Vice Chairman Miriana, Ms. Eustace advised that Papa John's is a delivery or carry out business only. Ms. Hammer asked if the dumpster will interfere with the cars coming in and leaving. Ms. Eustace advised that she has been working closely with Bob Eichorst ( the Public Works Director) and the planning staff with regard to the location of the dumpster. She did not anticipate any conflict with cars entering and exiting the site. This was one reason the cross access was put to the rear of the site instead of the front of the site. Chairman Thompson reminded everyone that the loading dock is the only issue that the board should be concerned with and asked everyone to address this issue only. 4 MINUTES BOARD OF ADJUSTMENT .._ .... BOYNTON BEACH, FLORIDA JULY 17, 1995 Vice Chairman Miriana inquired about the purpose of the retention pond. Ms. Eustace explained that the Florida Statutes require on-site retention of a certain amount of storm water to prevent runoff from flooding the streets. In response to Ms. Houston, Mr. Godsey advised that, ideally, deliveries would be made in the rear of the business and it would take 30 to 60 minutes to complete a delivery. Mr. Berman asked why a disabled parking space is required if there are no seats in this establishment. Ms. Eustace advised that it is required by State Statute and the U.S. Department of Justice. No one else wished to speak in favor of granting this variance. Chairman Thompson opened the floor to anyone who would like to speak against granting this variance. Donald Connor, 404 N.W. 7th Court, stated that fill will be required to raise the parking lot level to match Wendy's. He said this will probably affect the storm water runoff and the retention pond will collect quite a bit of water, making the mosquito problem worse in that part of the neighborhood. He asked where the employees will park. Mr. Godsey advised him that they will park in the parking lot. Attorney Rubin clarified that the only issue before this board is the loading zone. He asked Mr. Connor to refrain from addressing other issues. A lady in the audience asked when the public can speak on the other issues. She did not want this project in her neighborhood. Attorney Rubin advised her that the public can speak on other issues at the Planning and Development Board and City Commission meetings. Mr. Connor asked if the dumpster pickup will be handled by a private firm or the City. Ms. Eustace advised that this will be handled by the City. Richard Prince, 334 N.W. 7th Court, stated that traffic will be coming into Papa John's from behind Wendy's and exiting onto 7th Court (a residential street). To get to 1-95 from Papa John's, you have to go to Old Boynton Road and Boynton Beach Boulevard and make a u-turn, or go through his residential neighborhood. He pointed out that currently everybody is going through this neighborhood and cutting through the Texaco station to get to the red light. He asked how a 24 or 28 foot truck can make a u-turn at Old Boynton Road and Boynton Beach Boulevard to get back to 1-95. 5 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 Chairman Thompson pointed out that this business is allowed in this zoning district and reminded everyone that the only issue before this board is the loading zone. Mr. Garnsey stated that this is not the proper forum to discuss other issues and advised the residents that they can voice their other concerns at the City Commission meeting. Ms. Heyden stated that the City Commission will be making the final decision on this site plan tomorrow at 7:00 p.m. in Commission Chambers and that this would be the time to discuss all other issues. In response to a lady in the audience, Ms. Heyden advised that site plan approvals do not require notification to adjacent property owners. She stated that this is not a rezoning and that it is allowed under the current zoning. However, the City has posted signs on the property indicating that this item will be discussed at the Planning and Development Board meeting on July 11th and at the City Commission meeting on July 18th. Lynn Phifer, 415 N.W. 7th Court, expressed concern about the impact that the traffic will have on the children and pets in neighborhood. She pointed out that there is a playground less than two tenths of a mile from Papa John's. No one else wished to speak against granting this variance. Chairman Thompson pointed out that this type of business, as well as all the others on Boynton Beach Boulevard, are permitted in this district, which is zoned C-2. To address Mr. Prince's concern regarding the delivery truck, Ms. Eustace stated that Papa John's has no problem posting signs just past the C~2 site and into the residential area, indicating that no trucks are permitted. She will work with the Public Works Director to accomplish this if it will help. Mr. Prince wanted to know when this district was zoned C-2. Ms. Heyden believed it was zoned C-2 in 1975. Mr. Prince stated that most of the people have lived in that community since 1989 and never knew it was zoned C-2. They were opposed to Papa John's being built in that area. Chairman Thompson pointed out that there are existing businesses in this area and they have met the code. Mr. Prince said there is only one service station between 1-95 and Congress Avenue, and only two fast food restaurants. He stated that the Waffle House is not a fast food restaurant and they do not deliver. 6 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 1 7, 1995 Mr. Prince expressed concern about the safety of the children and pets in the neighborhood. He also pointed out that dumpsters attract rodents. Mr. Garnsey was glad to see that the applicant worked out the parking issue with a cross access agreement. He felt this would be an ideal facility if anything had to go in that commercial area. He believed it would have the least impact on the neighborhood. It was his opinion that the size of the property causes constraints. In response to Mr. Berman and Chairman Thompson, Ms. Heyden advised that the Planning and Development Board recommended that the City Commission deny the plan that was presented to them last week. Vice Chairman Miriana expressed compassion for the people in that neighborhood, but said that nothing can be done because the district is zoned C-2 and the owner has a right to use his property. He stated that the loading zone is the only item in question and he did not think a significant amount of loading would be occurring at this type of business. Motion Mr. Garnsey moved to grant the request to omit the loading zone for this development. He felt a loading zone is not required in this instance and that special conditions are created because of the size of the property. He felt there was no space for a loading zone on this site. Vice Chairman Miriana seconded the motion. A roll call vote was polled by the recording secretary. The motion carried 6 to 1. Ms. Houston cast the dissenting vote. 7. OTHER BUSINESS Vice Mayor Matthew Bradley addressed the board. He thanked the members for volunteering their time to sit on a board which has an incredible amount of responsibility. He felt the general public does not understand a lot about this process. As he understands it, it is the board's responsibility to determine whether or not something that is going to happen on a piece of property is going to be a detriment to the surrounding property. However, he felt it is just as important, if not more important, for the board to make sure that they do not stand in the way of good things happening. He was disturbed by the minutes of a previous Board of Adjustment meeting and felt that the members strayed at times from the issues. He pointed out that the neighboring 7 MINUTES ..... . BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA '---~ JULY 17, 1995 property owners came out in unanimous support of that variance. He did not feel that the direction the board took was the right one. He felt part of the problem was that there was a lack of a majority, so it did not turn out the way he thought it should have. He pointed out that if the applicant appeals to the court, it would be a waste of the taxpayers' dollars because it was an issue that he felt should have gone the other way. He hoped he was not offending anyone personally. He said he appreciates the work that the board is doing. However, he feels it is his responsiblity to share his views when he feels they are needed. He thanked the members of the board for giving him this opportunity to speak to them. Chairman Thompson stated that as chairman of the board his job is to keep the City out of litigation. He follows the code and sees that the members stay on track as much as possible. He felt that in his 19 years on the board, the board has done a super job. He appreciated Vice Mayor Bradley coming to the meeting, and asked Mayor Taylor if he wished to address the board. Mayor Taylor thanked the members of the board for their volunteerism and dedication to the community. He stated that this board probably has the greatest responsibility because their decisions are final and do not go before the elected body. He was glad that Chairman Thompson explained the process to the applicants and audience. He noticed that a lot of the people did not understand the process or how things are advertised and he felt we need to do a better job trying to educate them. He pointed out that no matter how hard you try, there is always somebody who does not get the word. He stated that the board has tough decisions to make and is not always going to please everybody. He was glad to hear of Chairman Thompson's length of experience on this board and stated that the Commission is going to continue to try to put the best qualified people on the board. He pointed out that the members of a quasi-judicial board have a tremendous responsibility. He thanked the board again for their service and told them to keep up the good work. Comm~'ssioner Rosen stated that he served on the Advisory Board on Children and Youth for three years before he became a commissioner. He was glad that Chairman Thompson explained the process to the people this even[ng as best as he could. He stated that many times people buy homes without looking around them to see what might happen in the future. He felt it was important to explain to them that the board and the City Commission have no options and that the codes must be met. Otherwise, the City could be sued, and this affects the taxpayers. He pointed out that if they owned property in a C-2 zone and were not permitted to do what they wanted with it, 8 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 they would be terribly unhappy. He asked the board to try to please the residents as much as possible. He realized this is tough to do at times. He extended his gratitude to the members of the board for volunteering their time. 8. COMMENTS BY MEMBERS Vice Chairman Miriana stated that the board has guidelines to follow. He stated that two pieces of property were ~nvolved at the Board of Adjustment meeting on June 19th and they were in excess of 10,000 feet. The applicant's only argument was that he wanted to build a bigger and better home. Vice Chairman Miriana said a variance should not be granted on that basis. Vice Mayor Bradley asked Attorney Rubin for a legal interpretation of the code regarding the scope of this board. He did not believe that hardship is the only determinant for granting or not granting a variance. He did not intend to imply that the members of the board do not understand their purpose, but he felt there was latitude for interpretation. Chairman Thompson explained to Vice Mayor Bradley that he has attended many workshops regarding the Board of Adjustment process. He pointed out that people would not come to the board if they were not violating the code. He stated that a hardship did not exist in regard to the case that was heard last month. Vice Mayor Bradley apologized if it sounded like he was implying that the members do not have a full understanding about what is to happen on this board. Attorney Rubin stated that there are seven specific criteria set out in the code that the board must find in order to grant a variance. It is not an easy standard to meet. With regard to the case heard at the last meeting, he felt that some of the members of the board believed that the applicant could make reasonable use of the land without granting that variance. Vice Mayor Bradley did not believe that there were any good reasons not to grant that variance. He pointed out that the neighbors were in support of it. He felt that if somebody wanted to be ten feet closer to the wall, he ought to be allowed to. He pointed out that everyone would have benefited by the applicant adding ten feet onto his property. There was an opportunity to increase property values, but it did not happen. He felt the ordinance should be looked at because the system did not work in 9 MINUTES BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 17, 1995 this instance. He again thanked the board for their time and for being a part of the board. Mr. Garnsey apologized for missing the last meeting, but he was out of the State. He said he read the minutes of that meeting and felt the problem was that there was not a full board. The applicant had been given the option of postponing his application, but he did not. He suggested trying to make applicants more aware that it is difficult to get five votes in favor of granting a variance and that they might want to postpone their application. 9. ADJOURNMENT There being no further business to come before the board, Ms. Hammer moved to adjourn the meeting at 8:23 p.m. Mr. Garnsey seconded the motion which carried unanimously. Eve Eubanks Recording Secretary (Two tapes) 10