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Minutes 02-23-94 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 23, 1994, AT 7:00 P. M. ~RESEN~ Vernon Thompson, Chairman Hike Haag, Zoning and Site Development Ben Uleck, Vice Chairman Administrator Barkley Garnsey Leonard Rubin Assistant City Attorney Nello Tineri , James Miriana ABSENT Raychel Houston (Excused) Henrietta Solomon (Excused) Irving Sechter, Alternate A, ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:03 P. M. He advised the applicant that only five members of the Board are present tonight and that it would take five affirmative votes to grant the variance. One negative vote would deny the variance. He gave him the choice to have his case heard tonight or wait until the next meeting when, hopefully, all seven members would be pres- ent. Mr. Lindner opted to have his request heard tonight. Chairman Thompson introduced the Board members, the Recording Secretary, the Assistant City Attorney, and Mr. Haag. He welcomed Commissioner Robert Walshak to the meeting. B, AGENDA APPROVAL There were no additions, deletions, or corrections to the agenda. C, APPROVAL OF MINUTES Mr. Haag corrected the last two sentences in the second to the last paragraph on page 6 of the January 19, 1994 minutes as follows: "It came into the City under R-l-AA zoning. In 1962, the zoning was changed from R-l-AA to C-1 and then back to R-I-AA." Hot: 1 on Mr. Tineri moved to approve the January 19, 1994 minutes as amended. Mr. Garnsey seconded the motion, which carried unanimously. D, NEW PETITIONS Case #192 - 1613 S, W, 3rd St:feet: Property Owner - Carl Lindner -1- MINUTES - BOARD OF ADJUSTMENT HEETING BOYNTON BEACH, FLORIDA FEBRUARY 23, 1994 Request - A variance to reduce the required rear setback from forty (40) feet to thirty-two (32) feet. The request is in con- nection with the proposed expansion of the ex~sting facil i ty. - Chairman Thompson explained the purpose of the Board and how it reaches a deci- sion. He advised that once the Board makes a decision, the only recourse the applicant has is through the court. He stated that the Board does not want to deny a person the use of his property and that the purpose of the Board is to make sure no self-imposed hardship exists. Mr. Miriana read the applicant's request and the six criteria which the Board takes into consideration when rendering a decision on a variance. Mr. Lindner stated that he would like to provide more supportive services to the community. He explained that the property is irregular and that this slight adjustment of eight feet will not affect any of the abutting property owners because the area is the northwest section and runs into the 1-95 setback. The members of the Board reviewed the site plan. Mr. Lindner stated that he is requesting an addition of roughly 1,747 square feet. He explained that the administrator of the facility shares an eight foot by eight foot windowless office with two other people and that this is not conducive to a facility that supports the community. In addition, sick people cannot be isolated. Furthermore, there is no room to accommodate visitors. IN RESPONSE TO CHAIRMAN THOMPSON, NO ONE PRESENT WISHED TO SPEAK AGAINST GRANTING THE VARIANCE. Mr. Miriana read into the record a letter from Martin J. Garvey, dated February 23, 1994, requesting that a better means of entry and exit be created, or that the variance be rejected until such time as this improvement can be made. Mr. Miriana felt the letter was misleading because it states there is only one access to the facility when there are, in fact, two other entrances. Chairman Thompson pointed out that this is not the Board's concern. Mr. Tineri did not believe the addition would create any more traffic. Chairman Thompson felt a hardship exists due to the shape of the property. Vice Chairman Uleck moved to grant Mr. Carl Lindner a variance to reduce the required rear setback from forty (40) feet to thirty-two (32) feet. Mr. Miriana seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 5-0. E, OTHER BUSINESS None. -2- FIINUTES - BOARD OF AD~IUSTI4ENT NEETING BOYNTON BEACH, FLORIDA FEBRUARY 23, 1994 F. AD~OURNNENT There being no further business to come before the Board, Vice Chairman Uleck moved to adjourn the meeting at 7:35 P. M. Mr. Miriana seconded the motion, which carried unanimously. Eve Eubanks Recording Secretary (One Tape)