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Minutes 09-19-94 HINUTES OF THE BOARD OF ADJUSTIMIENT MEETING HELD IN COI4HISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIOA, ON NONDAY, SEPTEHBER 19, 1994 AT 7=00 PRESENT Vernon Thompson, Chairman Hike Haag, Zoning & Site Devel. Ben Uleck, Vice Chairman Administrator Raychel Houston, Secretary Leonard Rubin, Assistant City James Mi riana Attorney Nello Tineri Arthur Berman, Alternate ABSENT Barkley Garnsey (Excused) Irving Sechter ACKNOWLEDGEHENT OF HEI4BER$ AND VISITORS Chairman Thompson called the meeting to order at 7:00 p.m. He introduced the members of the Board, Attorney Rubin, Mr. Haag, and the Recording Secretary. He advised that Justin Steinhart has resigned from the Board, and that Barkley Garnsey would not be present for this meeting. Chairman Thompson reminded the members of the absentee policy as it relates to membership on City Boards. APPROVAL OF AGENDA The agenda was accepted as submitted. APPROVAL OF HINUTES Vice Chairman Uleck moved approval of the minutes of the June 20, 1994 meeting. Mr. Miriana seconded the motion, which carried unanimously. COHHUNICATIONS AND ANNOUNCEHENTS None ELECTION OF OFFICERS Chairman Thompson advised the members that elections for the positions of Chairman, Vice Chairman and Board Secretary would be held this evening. Hr. Uleck nominated Vernon Thompson as Chairman of the Board. With no one else wishing to make a nomination, the nominations were closed, and Hr. Thompson accepted the position. No~Inatlon Mr. Tineri nominated James Miriana as Vice Chairman of the Board. With no one else wishing to make a nomination, the nominations were closed, and Mr. Miriana accepted the position. - 1 - HINUTES - BOARD OF ADJUSTHENT HEETIHG BOYHTON BEACH, FLORIDA SEPTEHBER 19, 1994 Homl natlon Ms. Houston nominated Hello Tineri as Secretary of the Board. Mr. Tineri advised that he is involved with a local lodge and is also involved at the State level. Since his involvement demands a great deal of his time, he decl i ned the nomi nati on. Nomi nati on Vice Chairman Miriana nominated Raychel Houston as Secretary of the Board. With no one else wishing to make a nomination, the nominations were closed, and Ms. Houston accepted the position. OLD BUSINESS None NEW PETITIONS: The Recording Secretary administered the oath to all who would be testifying during these proceedings. Case #197 215 SE 8th Avenue Property Owner: Carol White Request: Applicant requests to reduce the rear setback of 20' {required} to 2'6". Secretary Houston advised that this request is for a variance to Boynton Beach Code of Ordinances, Appendix A-Zoning, Section 8.A.6. She read the "Statement of Special Conditions" submitted by the petitioner. Carol Whtte~ 140 SE 6th Avenue~ said she is requesting this variance on behalf of her tenant since the roof involved is important to his business. Chairman Thompson requested clarification from Mr. Haag with regard to the structure. Mr. Haag advised that the setback on this property is 20'. When this building was constructed, which was in 1976/77, it met the setback require- ments. The violation of the required setbacks was discovered by Code Enforce- ment. When the tenant applied for the permit, it was denied because it did not meet the setback. Mr. Tineri requested clarification on the word "structure". Mr. Haag advised that anything with a hard roof is a structure and must meet the setbacks. Mr. Tineri questioned how this structure will be used. Ms. White said it is used to cover electrical equipment. Vice Chairman Miriana asked Ms. White if this structure was built with her per- mission. Ms. White said she did not object to it. -2- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 19, 1994 Ms. Houston asked whether or not Ms. White was aware of the fact that the tenant was building this structure. Ms. White said she could not remember. Ms. Houston inquired as to when the tenant attempted to get a permit from the City. Mr. Haag said that in looking at the permit number, #93-§058, it appears it was issued in December of 1993, or January of 1994. It was voided on 7/6/94 due to lack of action taken. Mr. Tineri confirmed with Ms. White that she is willing to sign an affidavit, as stated on Page $ of the staff report, Exhibit "A", Item "E", whereby this area will never be enclosed. He advised her that if she ever sells the property, the new property owner would have to be informed of this affidavit. CHAIRMAN THOMPSON ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION. Vice Chairman Miriana inquired as to whether or not the granting of this variance would make it permissible for new owners to enclose the structure. Mr. Haag advised that the Board could put a condition on the variance that the structure cannot be enclosed. He further advised that a deed restriction can be included so that the recorded deed would show the restriction. Attorney Rubin said a recorded document would be binding on any persons acquiring the property. Vice Chairman Miriana moved to GRANT the request with the conditions being that only if the present tenant occupies the building and any change other than the present tenant or ownership of the property, then the structure would have to be removed. Mr. Tineri seconded the motion. Mr. Tineri requested that the motion be amended to include a letter from the owner as stated on Page 6, Item E, that she is willing to sign an affidavit and a deed restriction stating that the structure will not be permitted to have the three closed sides. Vice Chairman Miriana accepted the amendment to the motion. The Recording Secretary polled the vote, The vote was 5-1 to grant the variance. (Ms. Houston cast the dissenting vote.) Case #198 Northeast corner of Plaza Lane and Congress Avenue (Boynton Lakes Plaza) Property Owner: Boynton Lakes Plaza Partnership Request: Applicant requests to eliminate the loading zone requirement for a restaurant. Secretary Houston read the application. The address of this property is 4742 North Congress Avenue (Boynton Lakes Plaza, Outparcel "A"). The variance is a request for relief from the requirements of Appendix A-Zoning, Section 11, J. 1. and 2.a. HIHUTE$ - BOARD OF AD~USTHEHT HEETIHG BOYHTOH BEACH, FLORIDA SEPTEHBER 19, 1994 Secretary Houston read the "Statement of Special Conditions" submitted to the Board of Adjustment from Christopher P. Crawford, Project Manager, and David Daszkal, Agent. Mr. Haag advised that there was a mistake in the legal ad. Rather than reading ". the ad read, "Section II". Attorney Rubin requested a copy of the "Section 11 . f ad for his review. While Mr. Haag excused himsel to get a copy of the legal ad, the meeting continued. hrlsto~her Crawford~ 2499 Glades Road~ Suite 209, Boca Raton~ Florlda~ is the rojectManager for Mi~-~i Su--6~. He is o~-~-h-~ opini~-~hat there is no need for a loading zone at this restaurant since there will be single delivery, or possibly two deliveries per week. These deliveries are made early in the morning and the restaurant is not open at that time. The delivery trucks will utilize the drive-thru as a loading zone. There are other ways of getting out of the site without anyone having to go through the drive-thru. There should be little to no traffic in this area when the deliveries are made since most of the stores in this Plaza are not open early in the morning. Since this parcel sits away from the main entrances, it will not interfere with any vehicular traffic on the site. Gene K~Pl~n, 6300 NW 315t Avenue~ Fort L~uderd~le~ Flortd~ is the Director of Cons'truction a-'h-a--A~-~hite'~ture for M-'T~-~i Subs. There are '168 Miami Subs which do not and will not serve breakfast. They do not have the facilities, nor are they capable of serving breakfast. The delivery trucks enter the drive-thru section when the restaurant is not open. None of the restaurants have a loading zone, and Mr. Kaplan requested the Board's consideration in granting this restaurant that same privilege. ~ Goln$ represented the owners of Boynton Lakes Plaza. The owners support Miami ~in their request to delete the loading zone. The owners have dealt with a great many restaurants and it is uncommon for a restaurant to require a loading zoning due to the infrequency of deliveries. They typically receive deliveries once a week unlike Winn-Dixie or Walgreen's. By incorporating the loading zone, parking spaces would have to be eliminated. This is critical to the owners because people are now using some of the parking spaces which will be used by Miami Subs. Further, the owners have a limit on the number of parking spaces required per site according to the Walgreen's lease. If the loading zone is required, the owners will experience a financial burden with Walgreen's since they can break the lease. He requested the Board's support of the request. Attorney Rubin reviewed the legal ad and pointed out that although there could be some confusion, there is no Section II J. Therefore, he feels most people would assume it was Section 11. He requested confirmation from the applicant that it is acceptable to vote on this issue. David Daszkal confirmed that it was acceptable. Mr. Tineri questioned whether or not there is curbing present to divorce the parking lot from the drive-thru. The applicant responded affirmatively. MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1994 Mr. Tineri inquired as to the size of the delivery trucks. The applicant responded that it is a medium size tractor/trailer. Mr. Kaplan said this store is not large enough to facilitate a delivery by an eighteen wheeler. The truck would be a single cab, six-wheel vehicle. Delivery time would not take more than thirty minutes. Mr. Goins advised that this is an outparcel. The delivery trucks would not block any major avenue into the shopping center. THERE WAS NO ONE ELSE PRESENT TO SPEAK ON THIS PETITION. Chairman Thompson requested clarification from Mr. Haag with regard to whether or not provisions are made in the original design of a center to allow for expansion of new businesses and parking spaces. Mr. Haag explained that when a shopping center is built, they come in with a design for the main shopping center. The outparcels are identified by square footage. The City ensures that the proper number of parking spaces are incorporated by the square footage iden- tified on the plan. The parking spaces were designed with the entire site in mind. However, they did not know who the tenant of the outparcels would be; therefore, they were unaware a loading zone would be necessary. Ms. Houston asked for verification of the statement that Cuco's Restaurant does not have a loading zoning. Mr. Haag confirmed the statement to be true, and further said that was a mistake. Mr. Haag said there is not a problem with the total number of parking spaces for the site. Even if the loading zone is built, there will be enough parking spa- ces for the site. That would create the square footage for the vacant parcel which would require site plan review. If the loading zone is built, it will eliminate four parking spaces. Mo~lon Ms. Houston moved to GRANT the request as stated by the applicant. Mr. Tineri seconded the motion. The Recording Secretary polled the vote. The vote was 5-1. (Vice Chairman Miriana cast the dissenting vote.) Chairman Thompson stated that he voted in favor of the request, but feels more guidelines are required in cases such as this. Since this building does not exist, there is no reason to violate Code. OTHER BUSINESS None COMMENTS BY MEMBERS In response to Chairman Thompson's question, Mr. Haag stated that it appears at this point that there will not be a Board of Adjustment meeting next month. However, the members will be notified. -5- " HINUTE$ - BOARD OF AD,]USTI4ENT HEETING BOYNTON BEACH, FLORIDA $EPTENBER 19, 1994 AOOOURNMENT. There being no further business to come before the Board, the meeting properly adjourned at 8:00 p.m. Prainito Re cording Sec reta ry (One Tape)