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Minutes 04-17-95 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, APRIL 17, 1995, AT 7:00 PRESENT Vernon Thompson, Chairman Hike Haag, Zoning and Site Development Ben Uleck, Vice Chairman Administrator Arthur Berman Leonard Rubin, Assisant City Attorney Barkley Garnsey Raychel Houston James Miriana Nello Tineri ABSENT Irving Sechter, Alternate 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, the Recording Secretary, and Mr. Haag, and explained the procedures that this Board follows when hearing cases. 2, APPROVAL OF AGENDA No additions, deletions or corrections were made to the agenda. 3, APPROVAL OF MINUTES Mr. Miriana moved to approve the minutes of the February 22, 1995 meeting as submitted. Mr. Berman seconded the motion which carried 7-0. 4, COMMUNICATIONS AND ANNOUNCEMENTS None. 5. ELECTION OF OFFICERS Discussion ensued regarding tabling the election of officers since three appointments need to be made to this Board by the City Commission. Notion Mr. Garnsey moved to table the election of officers. Mr. Tineri seconded the motion which carried 7-0. 6, OLD BUSINESS None. - 1- HINUTES - BOARD OF AD~USTHENT HEETIHG BOYNTON BEACH, FLORIDA APRIL 17, 1995 7. NEW BUSINESS The witnesses who intended to testify this evening were sworn in by the Recording Secretary. Publlc Hearing A, Case No, 201 (Continued to the May 15, 1995 meeting) Location: 2107 S.E. 3rd Street Property Owner: Donald Fisher Request: Request for relief from Appendix A, Zoning, Section 5.G.2.a to reduce the side, front and rear setbacks in connection with construction of multi-family units. Hotlon Mr. Tineri moved to continue Case No. 201 to the May 15, 1995 meeting. Mr. Miriana seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. B, C~se No, 202 This case was withdrawn from the agenda. C, C~se Ho, 203 Location: Southwest corner of South Seacrest Boulevard and S.W. 23rd Avenue Property Owner: Outpatient Request: Request for relief from Appendix A, Zoning, Section 6.A.3 to reduce the required lot depth from 120 feet to 115 feet in connection with construction of a parking lot. Ms. Houston read the six criteria which the Board takes into consideration when rendering a decision on a variance. Ms. Houston also read portions of this application, including the applicant's statement of special conditions, hardships or reasons justifying the requested exception or variance. Ms. Houston read a note, dated April 10, 1995, from Lakhmi Chand in opposition to this variance. Wayne Puls, the agent for Outpatient Properties, Inc., stated that Outpatient Properties operates the Outpatient Center of Boynton Beach which is immediately across the street from the subject property. Outpatient Properties has code parking; however, their business is such that they need additional parking. Therefore, they acquired the subject property for the purpose of establishing a temporary parking facility for two years to be used by staff only. -2- HINUTES - BOARD OF ADJUSTMENT #EETING BOYNTON BEACH, FLORIDA APRIL 17, 1995 In response to Mr. Chand's note, Mr. Puls said he has a letter from the County Engineer stating that there was nothing in their five year plan to increase the size of the intersection. Robert Foot, 2400 S.W. 1st Street, stated that the maximum use of the con- stricted lots may include activities harmful to neighbors close to the prop- erty line, such as car lights early in the morning, doors slamming, employee conversations, exhaust fumes accumulating in the swimming pool areas just 12 feet away, and dust from the temporary parking facility. He wondered what landscaping must be sacrificed with the constraints of the compressed lots. He stated that lots of diminished size, not tied by any unity of title, will not have the drainage potential of full lots. He pointed out that the Board of Adjustment can grant relief to the applicant subject to conditions, such as pro- hibiting activities that would be a disturbance to the adjacent residents, requiring construction of a six foot stucco wall between the residential and commercial proper-ties, and requiring the applicant to comply with the provisions for a permanent parking lot {dust free paving, qualifying drainage and full landscaping with installed irrigation}. Mr. Foot submitted petitions signed by 40 neighbors, requesting that the use of the Outpatient Properties, Inc. property be subject to the following conditions: 1. Compliance with City ordinances concerning landscaping, paving, and drainage without use of the exception provision for "temporary" parking l'ots; and 2. Separation of the commercial property from the residential proper- ties to the west with a six foot stuccoed wall, as provided in the current Ordinance, in the first stage of any improvements. Mr. Puls said this is simply a request for a temporary parking facility to alleviate an existing situation. He believes he addressed the drainage, etc., required by the Building Code and the people who issue permits. He received the necessary permission from the County. He met with the City Forester and others and discussed what needed to be done. He was in receipt of a letter from an engineer with regard to percolation in the area saying that there would not be a problem. He did not see the necessity, of spending a lot of money for permanent items when there are no plans for the rest of lot at this time. Mr. Foot felt the applicant needs permanent parking to accommodate the existing building. In response to Chairman Thompson, Mr. Haag stated that the City Engineer relaxed some of the areas of the Code for the temporary parking facility. Therefore, it does not have to meet City standards in all cases. Mr. Miriana asked Mr. Haag if a buffer wall is required between residential and commercial property. Mr. Haag advised that the applicant has the option of using a dense vegetative buffer or a block wall. MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1995 Mr. Haag advised that the applicant is processing a site plan to build a parking facility. When he made application through the process, the Planning Department said they could not develop the property because it was not the correct lot depth. The site plan is on hold until they can get the lot depth issue straightened out. No one else wished to speak in favor of granting this variance. Roy Jordan did not mind the property being used; however, he requested protec- tion, such as a wall to separate the properties. No one else wished to speak against granting this variance. In response to Ms. Houston, Mr. Haag and Attorney Rubin advised that the variance would go with the land. Mr. Garnsey was in favor of approving this variance contingent upon all the City Codes and requirements being adhered to in order to protect the interests of the residents. Mr. Miriana was in favor of approving this variance contingent upon buffering to protect the residential property on the north side. Ms. Houston asked what Mr. Puls plans to do for parking if he decides to put a building on that property. Mr. Puls said he plans to do whatever is required to comply with all the City Codes. Right now he is trying to address an immediate situation. In response to Ms. Houston, Mr. Puls advised that the number of employees varies, depending on what procedures are being done on a particular day. The temporary facility will have either 17 or 19 parking spaces. Motion Mr. Garnsey moved to grant the variance to reduce the required lot depth from 120 feet to 115 feet subject to the contigency that the Engineer not make any exceptions to the Code in granting a permit for this site for a temporary parking lot. Vice Chairman Uleck seconded the motion. Mr. Haag advised that the City Engineer is only responsible for the parking lot ordinance. Discussion ensued about a buffer. Mr. Haag read the portion of the Code that applies to buffers. Amended Motion Mr. Garnsey amended his motion to include that the applicant build an appropriate buffer (a buffer that would be required if a building were being built) before using the parking lot. Vice Chairman Uleck agreed to the amendment. A roll call vote was polled by the Recording Secretary. The motion carried 5-2. Ms. Houston and Mr. Tineri cast the dissenting votes. - 4 MINUTES - BOARD OF ADJUSTNENT NEETING BOYNTON BEACH, FLORIDA APRIL 17, 1995 O. Case No. 204 Location: East of High Ridge Road and 460 feet north of Gateway Boulevard Property Owner: Trl-County Commuter Rail Author!t~ Request: Request for relief from Appendix A, Zoning, Section 7.H.17 to omit the required peripheral greenbelt along that portion of the PID boundary which coincides with the east property line of the proposed parking facility for the Tri-Rail station. .... Ms. Houston read portions of this application, including the applicant's state- ment of special conditions, hardships or reasons justifying the requested excep- tion or variance. John Handley represented Tri-Rail and displayed a graphic of the site. He is proposing to add necessary parking and bring the cars into a con, non accessway and have them function throughout the site, leaving the pedestrian corridors open. The pedestrian corridors lead directly to the Tri-Rail Station. In order to do this, he requested relief from having to provide the 40 foot wide green- belt. He explained that the greenbelt would separate the parking facility from the Tri-Rail Station. The greenbelt is required to separate this use from adja- cent uses; ~however, both properties are owned by different divisions within the Department of Transportion. Therefore, funding is different and a unity of title cannot be done between this property and the entire rail corridor. He advised that triple the required landscaping was provided, and he worked very closely with the City Forester to preserve as many trees as possible. Mr. Handley stated that he appeared before the Planning and Development Board with a similar request because the Code requires a landscape strip along the property line. The Planning and Development Board recommended approval because it does not make sense to do that. Mr. Handley advised that he is trying to separate the cars and the people as f~ much as possibl~e. Therefore, he provided two pedestrian walkways. Once the people get out of their cars, they get on the walkways and never have to cross vehicular traffic. No one wished to sPeak in favor of or in opposition to this variance. Several members of the Board made favorable comments regarding this project. Motion Mr. Miriana moved to grant the request for relief from Appendix A, Zoning, Section 7.H.17 to omit the required peripheral greenbelt along that portion of .... the PID boundary which coincides with the east property line of the proposed parking facility for the Tri-Rail station. Mr. Berman seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. MINUTES - BOARD OF ADJUST#ENT HEETING BOYNTON BEACH, FLORIDA APRIL 17, 1995 7, OTHER BUSINESS None. 8. COHHENTS BY 14EHBER$ None. 9. AD,,IOURNHENT There being no further business to come before the Board, Vice Chairman Uleck moved to adjourn the meeting at 8:30 p.m. Mr. Tineri seconded the motion which Eve Eubanks Recording Secretary (Two Tapes) -6-