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Minutes 02-22-95 #INUTES OF THE BOARD OF AD~UST#ENT #EETING HELD IN CONFERENCE ROON "C", WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 22, 1995, AT 7:00 P,#, PRESENT Vernon Thompson, Chairman Mike Haag, Site & Development James Miriana, Vice Chairman Administrator Nello Tineri Leonard Rubin, Assistant City Ben Uleck Attorney Arthur Berman, Alternate (Voting) ABSENT Barkley Garnsey Raychel Houston (Excused) Irving Sechter, Alternate ACKNOWLEDGEMENT OF #EMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 p.m. Since the applicant had not yet arrived, Chairman Thompson decided to briefly delay the meeting in anticipation of his arrival and the possible arrival of additional Board mem- bers. At 7:05 p.m., the applicant arrived, and the meeting commenced. Chairman Thompson explained to the applicant that the Board of Adjustment is not a majority Board. The granting of a variance requires five (5) affirmative votes. Since only five members were present, Chairman Thompson felt the appli- cant should be aware of the fact that all members present this evening must sup- port this application in order for the variance to be granted. The applicant understood the explanation. Chairman Thompson introduced the Board members, Assistant City Attorney Leonard Rubin, Commissioner David Katz, Mike Haag, and the Recording Secretary. Chairman Thompson advised that Raychel Houston would not be present because of work commitments. He reminded the members of the City Board's absence policy. APPROVAL OF AGENDA The agenda was accepted as presented. APPROVAL OF #INUTES Ho~lon Mr. Uleck moved to approve the minutes as received. Mr. Berman seconded the motion, which carried 5-0. - 1 NINUTES - BOARD OF AD,.)USTNENT #EETING BOYNTON BEACH, FLORIDA FEBRUARY 22, 1995 OLD BUSINESS None NEN PETITIONS A. Case No, 200 Location: 250 SE 23rd Avenue Property Owner: Dale Brisson Request: 1} This request is to allow twenty-six {26) parking spaces instead of thirty (30) parking spaces as required by Appendix A, Section 11H.16.d.{lg} of the City Code. 2} This request is to allow the required vehicle use area vegetative barrier plus trees to replace a solid buffer wall as required in Appendix A, Section 4 L. of the City Code. Mr. Miriana read the application and the statement of special conditions, hard- ships or reasons justifying the requested exception or variance. Commissioner Katz reported that this project appeared for consideration before the City Commission last night. Although he is an elected official, he was not present this evening in that capacity. He is present as a resident of the area in which this project is located. He asked for clarification from the City Attorney on whether or not his presence created any problems because he is an elected official. Attorney Rubin responded negatively. The Recording Secretary administered the oath to all who would be testifying during these proceedings. Dale Brlsson, 2815 Hampton Circle East, Delra~v Beach, is the owner of the prop- erty. The use intended for this property is a medical use. It fits well into the area because of similar uses along this street. By converting the use from a bar/restaurant to a medical use, cleaning up the building, and remodeling the outside, it will drastically improve the appearance of the area. The use being proposed will be a daytime use. He is opposed to a buffer wall because of the problems being experienced with graffiti. Mr. Miriana pointed out that during last night's City Commission meeting, there was a change on the site plan with regard to the parking lot, and a dumpster was added in the parking area. In reviewing the rendering of the parking lot, he could not locate the twenty-six {26) spaces. In addition, if a dumpster is added, parking will be decreased even further. He asked for confirmation that there will be twenty-six (26) parking spaces at this location. Mr. Brisson confirmed this fact. -2- NINUTES - BOARD OF ADJUSTI4ENT NEETING BOYNTON BEACH, FLORIDA FEBRUARY 22, 1995 Mr. Haag further explained that the dumpster enclosure, which was approved to be installed on the site, will not affect any parking spaces. There will be twenty-six spaces. CHAIRMAN THOMPSON OPENED THE PUBLIC HEARING, BY REQUESTING THOSE IN FAVOR OF THE APPLICATION TO SPEAK FIRST. Tom Twomey, ProJect Engineer, 2602 South Dixie Highway, West Palm Beach, advised that the size of the building will not be increased. The outsid-~ of the building will be cleaned up and features will be added. The pavement along 23rd Avenue will be removed, and grass will be added. The entrance to the building will be on the south side from the parking lot. No problems with traffic flow are anticipated. This is an odd-shaped building they are working with, and they are trying to do the best possible job. David ~ 162 SE 27th Place, said he has lived in this area, close to this project, for-~-~i~-Eee--~-~ears. This location has been a failed location for many of those years. The building has been empty and dilapidated for at least eight years. As a resident, he wOuld hate to see this project fail to move forward for the tack of four parking spaces. He feels this project will be a major improvement to 23rd Avenue and the surrounding area. The old nonconforming sign will be removed and replaced with proper signage. The front of the building will be beautified and ground shrubbery will be planted. Mr. Katz said there is an OB/GYN clinic in the area which has a buffer wall. That wall is an ongoing easel for graffiti. The applicant is willing to install a chain link fence with dense shrubbery which will furnish noise buffering. He urged the members to support these requests. Agnes Stoner, 246 SE 23rd Avenue, has lived next door to this property for forty Years. She ex~s~'~d' c--6'6cern about whether or not the drainage from this proj- ect will run off onto her property. Mr. Twomey explained that the drainage will slope to the east. Because of that, her property will not be affected. The project will drain toward the railroad tracks. In response to Mrs. Stoner's concern regarding noise, Mr. Brisson said this use will not generate a great deal of noise, and he does not believe that will ever be an issue. Chairman Thompson confirmed with Mr. Haag that it is the City's responsibility to ensure that this project does not drain off onto surrounding properties. Mr. Haag further pointed out that by omitting the parking spaces along Golf Road, more pervious area is being added. This will help absorb water. Richard Rowland, 236 SE 25th Avenue, questioned whether or not there will be sidewalks added around the easements. Mr. Brisson advised that at the City Commission's request, he will be adding sidewalks from the west of the property, circling around to where the driveway enters. However, the sidewalks will not go all the way around the parking lot. -3- MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA FEBRUARY 22, 1995 It was confirmed for Mr. Rowland that there will be handicap parking spaces on this site. Jean Wolfe~ ~36 SE 25th Avenue~ supports this project because she feels it will be an improvement to the area. She further prefers a vegetative buffer to a wall. Joan Myers, owner of the duplex located at 243 and 245 SE 24th Avenue~ is sup- portive of the project and the variance with regard to the parking spaces. She is concerned about the vegetative buffer. Abutting her property, there is a broken-down existing fence. Mr. Brisson said a wooden fence was installed years ago. It is unknown whether or not a permit was issued, and it is unknown who is responsible for it. During a storm, one of the panels fell down. Mr. Brisson stated that even just a hedge will be an improvement to what currently exists. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF THESE REQUESTS. Chairman Thompson advised that each case is based on its own merit. Many variances have been denied because of parking issues. In this case, he is not as concerned with the parking as he is with the fact that this building has been vacant for a very long time. Furthermore, if he was a resident of this com- munity, he would prefer a use other than a bar/restaurant. Mr. Haag requested that the members turn to Page 8 of the back-up material which depicted a map. He counted along with the members so that they were convinced that there will be twenty-six spaces. Mr. Tineri supports this project and feels that the change from a bar to a medi- cal use would be an asset to the City. Mr. Uleck feels making this a medical building will improve the area. He will support this request. Mr. Miriana will support this project because it will be an asset to the City and will clean up that corner. He further recommends the use of a vegetative buffer rather than a wall. Motion Mr. Miriana moved, in Case 200, location 250 SE 23rd Avenue, that the request to allow twenty-six {26) parking spaces instead of thirty {30} be granted to the applicant. Mr. Uleck seconded the motion. The Recording Secretary polled the vote. The vote was unanimous to GRANT the variance. Motion Mr. Miriana moved, in Case 200, location 250 SE 23rd Avenue, Second Request, to allow the required vehicle use area vegetative barrier plus trees to replace a solid buffer wall as required in Appendix A, Section 4 L. of the City Code. Mr. Uleck seconded the motion. The Recording Secretary polled the vote. The vote was unanimous to GRANT the variance. -4- HIHUTE$ - BOARD OF ADJUST#EHT #EETIHG BOYNTOH BEACH, FLORIDA FEBRUARY 22, 1995 OTHER BUSINESS None CO#HENT$ BY #EMBERS Mr. Tineri expressed his dissatisfaction with this meeting being scheduled on a Wednesday evening. He explained that he has other standing commitments and carefully schedules his appointments so that they do not conflict with one another. In order for him to attend this meeting, he had to forego another appointment which caused him to lose $12.00. He further explained that his work on this Board is important to him and, therefore, he does not want to miss any of these meetings. He requested that all future meetings be held on Monday evenings only. Chairman Thompson requested that this issue be addressed so that the members can be assured that if a holiday falls on the third Monday of the month, the re- scheduled meeting will be conducted either on the second or fourth Monday of the month. ADJOURNMENT There being no further business to come before the Board, Mr. Tineri moved to adjourn the meeting. The motion was seconded, and carried unanimously. The meeting properly adjourned at 8:05 p.m. Recording Secretary {One Tape} -5-