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Minutes 05-15-95 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, KAY 15, 1995, AT 7:00 P,M, PRESENT Vernon Thompson, Chairman Tambri Heyden, Planning and Zoning James Miriana, Vice Chairman Director Raychel Houston, Secretary Mike Haag, Zoning and Site Development Arthur Berman Administrator Patti Hammer Leonard Rubin Assisant City Attorney Nello Tineri ' ABSENT Ben Uleck 1, ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 p.m. He introduced Attorney Rubin, the Board members, Mr. Haag, and the Recording Secretary. 2, APPROVAL OF AGENDA No additions, deletions or corrections were made to the agenda. 3, APPROVAL OF MINUTES Vice Chairman Miriana pointed out a correction to the minutes of the April 17, 1995 meeting. Mr. Uleck is referred to as Vice Chairman throughout those min- utes; however, Mr. Miriana is the Vice Chairman. Mr. Tineri moved to approve the minutes of the April 17, 1995 meeting as amended. Mr. Berman seconded the motion which carried unanimously. 4, COMMUNICATIONS AND ANNOUNCEMENTS Chairman Thompson announced that Mr. Uleck notified the City Clerk's Office that he would not be able to attend this meeting. 5, ELECTION OF OFFICERS Chairman Thompson opened up nominations for Chairman of the Board. Ms. Houston nominated Mr. Thompson as Chairman. Ms. Hammer seconded the nomina- tion. No other nominations were made. Mr. Thompson was unanimously elected as Chairman. Mr. Tineri nominated Mr. Miriana as Vice Chairman of the Board. Mr. Berman seconded the nomination. No other nominations were made. Mr. Miriana was unanimously elected Vice Chairman. -- 1 - MINUTES - BOARD OF ADJUSTMENT NEETING BOYNTON BEACH, FLORIDA NAY 15, 1995 Vice Chairman Miriana nominated Ms. Houston as Secretary of the Board. Ms. Hammer seconded the nomination. No other nominations were made. Ms. Houston was unanimously elected Secretary of the Board. 6, OLD BUSINESS Publlc Hearing A. Case No, 201 (Continued from the April 17, 1995 meeting) Location: 2107 S,E, 3rd Street Property Owner: Donald Fisher Request: Relief is requested from Section 5.G.2.a. of the City of Boynton Beach Zoning Code.to reduce the required forty (40) foot front yard setback for units 7 and 8 to twenty-five (25) feet; reduce the required forty (40) foot rear yard setback to the north of units 6, 7 and 8 to twenty-six (26) feet; reduce the required forty (40) foot rear yard setback to the west forty (40) foot rear yard setback to the west of units 5 and 6 to twenty (20) feet; and reduce the minimum twenty (20) foot side yard setback to the east of unit 8 to ten (10) feet. Chairman Thompson advised the applicant that variances are granted based on hardships created by the City. In addition, five of the members of the Board must vote in favor of the variance in order for it to be granted. Since only six ou: of the seven members were present, he asked the applicant if he pre- ferred to continue his application. Barbara Fisher, Vice President of Fisher Construction, and George Davis, Architect, were present. Mr. Davis represented Mrs. Fisher and elected to proceed with this application. The Recording Secretary administered the oath to all those who would be testifying this evening. Ms. Houston identified the location, property owner, and request, and read the petitioner's Statement of Special Conditions justifying the requested variance. Mr. Davis feels a genuine hardship exists because of the restrictive R-3 zoning which is usually reserved for much larger properties. He felt Mr. Haag has done atheyWOnderfUlhad any job questions, in explaining the problem in his report. He asked the Board if Ms. Hammer asked what he intends to do with the area in back of the apartment next to the railroad tracks. She asked if there is any provision for a wall there. Mr. Davis stated that there is no provision in the plan to put anything there. It is just a backyard. Chairman Thompson asked Mr. Haag how many units are involved and if the square footage is sufficient to accommodate the buildings. Mr. Haag advised that there - 2 - HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA HAY 15, 1995 are three buildings with four units in one building, three units in another building, and one unit is the other building. He advised variances were pre- viously granted for the reduction of the front and rear setbacks for lots 10, 11, 12 and 13. At that time, there was a different site plan. Mr. Berman asked if there is room for parking spaces. He did not see any parking spaces in the plan. Mr. Haag advised that each unit has four parking spaces and the applicant meets the requirements for the parking space count, which is two per unit. Ms. Houston asked about the reason for changing the original plan. Mr. Haag advised that the original plan contained two two-story buildings The new plan is for single-story buildings. · Mr. Davis advised that the original plan contained two-story buildings with a total of eight units. However, the owner applied for a building permit and discovered that the cost of the construction of two-story apartments would be too great to make any income out of it. He found that a one-story arrangement would be much better for him business wise. The reason for this request for a variance is because lots 8 and 9 did not enter into the calculations previously. Ms. Houston asked if a variance would be needed if the original plan was pro- ceeded with. Mr. Davis indicated that a variance would not be need; however, it would be a losing proposition. He did not think anyone would want to build on that piece of property and that it would just sit there forever. Mrs. Fisher advised that this piece of property is located along the railroad tracks. The original plan was for two-story buildings. However, it was realized that when the trains pass threugh at night, their lights, which are nine to ten feet high, would shine into the second story of the units and annoy the people living there. Therefore, the plan was changed to construct one story units. She stated that. if landscaped in the back properly, and with a six foot fence, we would not .be able to eliminate the noise, but we would at least be able to eliminate the light shining in the units at night. Ms. Hammer was concerned about the children in the area and asked what kind of fence is being installed. Mrs. Fisher stated that it will probably be a six foot high solid wooden fence along the rear, which would absorb some of the sound and keep the lights out. She felt this would stop anyone from getting access back there. In response to Vice Chairman Miriana, Mrs. Fisher stated that the horns are not blown at night. She pointed out that people are presently living in that area and the noise has not been a problem. Vice Chairman Miriana asked if we would be exceeding the buildable area with this new plan. Mr. Haag advised that this has not been evaluated, but will be evaluated when it goes through the site plan review. Mr. Davis advised that this project does not exceed the buildable area. Mr. Haag pointed out that if -3 HINUTES - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA HAY 15, 1995 it did, the applicant would have to return to the Board for a variance for reduction in lot coverage. Chairman Thompson pointed out that this Board previously granted variances on this property which'allowed the applicant to proceed. Therefore, we are not denying him the right to build. Now the applicant has come back with a new plan based on economics. Mr. Berman-said he could not see the parking spaces on the plan. Vice Chairman Miriana felt the Board was quite considerate in granting the pre- vious variances. He felt the applicant was now asking for too much. Ms. Hammer felt this piece of property is oddly shaped and difficult to build on. She felt it is important to beautify the area and that what the applicant is proposing would only enhance the area. She stated that it has to be a money making proposition. In addition, the applicant pays taxes and we have to look at the overall picture, not just one thing. The Recording Secretary read a letter from Lillian Mayhew who objected to this variance because she felt, "the applicant is trying to get too much building with not enough parking spaces and cars will be out in the street." Chairman Thompson pointed out that the whole area is lined with two-story buildings on both sides of the street. He also pointed out that previous variances were granted because of the shape of the property. Mr. Berman said he could not come to a decision by looking at the plan. Vice Chairman Miriana felt too much ground space was being used. Mr. Berman asked about plans for the buildings. Attorney Rubin advised that the only thing the Board needs to take into consideration at this time is where the buildings are going to be spaced relative to the property lines, not what the buildings are going to look like. That will come later on with the site plan. All the Board needs to know right now 'is where the buildings will be relative to the property lines in order to determine whether or not to grant a variance for the setbacks. No one else wished to speak in favor of or against this request for a variance. Hotton Vice Chairman Miriana moved to deny the request for Case No. 201, relief requested from Section 5.G.2.a. of the City of Boynton Beach Zoning Code to reduce the required 40 foot front yard setback for units 7 and 8 to 25 feet; reduce the required 40 foot rear yard setback to the north of units 6, 7 and 8 to 26 feet; reduce the required 40 foot rear yard setback to the west 40 foot rear yard setback to the west of units 5 and 6 to 20 feet; and reduce the mini- -4- MINUTES - BOARD OF ADJUSTMENT NEETING BOYNTON BEACH, FLORIDA MAY 15, 1995 mum 20 foot side yard setback to the east of unit 8 to 10 feet because the variance granted is not the minimum variance that will make possible the reason- able use of the property. Mr. Tinero seconded t'he motion. He felt the amount of of the building zoning, going on the irregular size lot is above and beyond the true spirit A role call vote was polled by the Recording Secretary as follows: Arthur Barman - Abstained Patti Hammer - Nay Raychel Houston - Aye James Miriana - Aye Nello Tineri - Aye Vernon Thompson - Aye Chairman Thompson said he voted against this request for variance because the Board granted previous variances which he felt was reasonable because of the contour of the land. Attorneyinterest. Rubin advised that Mr. Barman cannot abstain without a conflict of Mr. Barman said he cannot come to a conclusion by looking at the plan.' Attorney Rubin advised that Mr. Barman is statutorily compelled to vote on this request since he has heard it. Mr. Berman changed his vote to "aye". The motion carried 5 to i to deny this request. 6, NEW BUSINESS None. 7, OTHER BUSINESS None. 8, COMMENTS BY MEMBERS Chairman Thompson took this opportunity to recognize Ms. Heyden. Mr.for JuneHaag announced 19, 1995. that the next meeting of the Board of Adjustment is scheduled For the benefit of the new membeR, Ms. Hammer, Attorney Rubin concurred with Chairman Thompson that this is a quasi-judicial procedure. Therefore, the mem- bers of the Board should avoid communicating with .the property owners and should make a decision based upon what is presented to the Board at the hearing. -5- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTOH BEACH, FLORIDA NAY 15, 1995 9. ADJOURNMENT There being no further business to come before the Board, Mr. german moved to adjourn the meeting at 8:04 p.m. Ms. Houston seconded the motion which carried unanimously. Eve Eubanks Recording Secretary (One Tape) -6-