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Minutes 01-19-94 #INUTES OF THE BOARD OF AD,)UST#ENT #EETZNG HELD ZN CONFERENCE ROOM "C", WEST WZNG, CZTY HALL, BOYNTON BEACH, FLORZDA ON WEDNESDAY, ~ANUARY 19, 1994 AT 7:00 P.M. PRESENT Ben Uleck, Vice Chairman Mike HaaN, Zoning & Site Devel. Raychel Houston, Secretary Administrator Barkley Garnsey Leonard Levy Assistant City Henrietta Solomon , Nello Tineri Attorney James Miriana, Alernate Irving Sechter, Alternate ABSENT Vernon Thompson, Chairman Thomas CordJe (Excused) ACKNOWLEDGEMENT O_.~F #EMBERS ~ND VISITORS Vice Chairman Uleck called the meeting to order at 7:03 p.m. He announced that there are two cases to be heard; Case 190 and Case 191. He advised that Case 188 had been tabled. Mr. Miriana suggested the Board wait to see if Mr. DeFeo (Case 188) arrived for the meeting since the City Commission voted to accept the recommendation of the Planning and Development Board. Mr. Haag recommended that the Board follow the agenda and when the Board reaches Case 188, it should move to consider Case 188 as the last case on the agenda. Secretary Houston called the roll and introduced the members of the Board and Mike Haag. AGENDA APPROVAL The agenda was accepted as presented. APPROVAL OF MINUTES Ms. Solomon moved that the minutes of the December 20, 1993 meeting be approved. Mr. Sechten seconded the motion, which carried unanimously. NEW PETITIONS Case #188 815 Bamboo Lane Property Owner: Joseph DeFeo, Jr. Request: A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the pro- posed construction of a garage to be attached to the ~est side of the existing residential structure .............................................. TABLED Motion Ms. Solomon moved to move Case 188 to the end and go on with the second case. Mr. Miriana seconded the motion, which carried unanimously. N~NUTE$ - BOARD OF A~USTNENT NEETING JANUARY 19, 1994 BOYNTON BEACH, FLORIDA Case #190 NI/ corner of Plaza Lane and Boynton Lakes Boulevard Property Owner: Boynton Lakes Plaza, Partnership Request: A variance to reduce the required spaces for the '~ The request is for a reduction parking spaces. vided at the site. 132,615 square feet of building area. Secretary Houston read the request and the applicant's response to the require- ments for the granting of a variance. The application explained that the landowner has been unsuccessful in closing a contract on Outparcels "A" and "B" for the last two years because when the footprint of the prospective tenants are inserted on the. ou~parcels, the footprints eliminate parking spaces because of its configuration or loading area. The entire development, including outparcels, wasl reviewed collectively when the City calculated the parking space requirements: The:outParcels have cross-access and cross-parking agreements with the entire development. R~_.Q.~_)E~ A,G, Deve~ ~In_.Q~.~c, said this development has been ~under i n for a ~i~ht years. This construction~failed many times and des'g , PP . · rchase man discUssions A.G. Development purchased ~t from RTC. Prior to ~h~ pu~. : ,. ~ _ were held with the Planning Department regarding what could me oevemopeo. Mr. Goins displayed a site plan and explained that the outparcels have not changed in size from what was originally approved. However, once the building design was submitted, the Building Department modified it for Code reasons. It was necessary to install two fire corridors, and a room for a fire riser for Winn-Dixie. Because the project is eight years old, Winn,Dixie~requested the use of a new prototype which increased their back rooms and storage areas. The increase in size was not due to the addition of tenants, but.because~Of storage areas and for safety reasons. These areas do not generate traffic. The applicant is requesting the reduction of parking spaces by 4% {twenty-seven spaces}. The applicant feels the request is justified because of the require- Building Department. The approval of the variance:request will ments of the nstruction of the outparcels aCcording to the original plan which permit the co Mr. Goins pointed out that the developer had to add 6,521 square was approved. feet of safety and storage areas which amounts to thirty-three {33} parking spaces. This area will not generate any additional traffic into the center. Mr. Sechter confirmed that Mr. Goins is requesting a decrease in the parking of 4% to increase the flexibility of the entire plaza. In response to a question from Vice Chairman Uleck, Mr. Goins explained that all parking spaces have been built. However, he is requesting the flexibility of Mr. Goins removing the spaces if necessary to accommodate an outparcel tenant. advised that the developer does not intend to increase the size of the buildings. However, beca e space square footage has been included in the calculations, the bu be built as proposed. They need the 4% ~ reduction to build as originally proposed, -2- M:IHUTE$ - BOARD OF ADJUST)lENT MEETXNG BOYNTON BEACH, FLORZDA JANUARY 19, 1994 Phyllis Oola$1eger, 2770 Floral Roadt expressed concern that the parking at Boynton Lakes Plaza not turn out like the parking at Meadows Square. Mr. Goins stated that Boynton Lakes Plaza has more parking per square foot building than Meadows Square. He claims the parking ratios throughout the State have gotten more strict since Meadows Square was built. Mr. Haag said that unless Meadows Square received a variance, they would have the correct'amount of parking spaces per Code. The Code requires one space for every 200 square feet of leasable space, and the Code has not been changed since that center was built. Mr. Haag pointed out that Meadows Square has parking behind the store, but many people do not like to use those spaces. Calvin Cearley, Presl:dent, Chamber ofCmmerce~ $39E, Ocean A?nue~ spoke in favor'of granting :this Variance. The addition of two outparcels will probably ~emptoy thirty {30} people and the Chamber is anxious to bring in as many busi- nesses as' possible. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK ON THIS APPLICATION. Ms. Solomon was in favor of approving this application because the reduction of twenty-seven {27) spaces is reasonable. Mr. Miriana supports the~granting of the variance because it is only a 4% reduc- tion and some of the square footage has been taken up by space which will not generate traffic. Mr. Garnsey also supports the granting of this variance because 4% is not a significant reduction and it is important to bring businesses into the City to increase the tax base so that citizens will not have to pay higher'taxes and fees for disposal of trash, etc. Vice Chairman Uleck also supports the 4% reduction because he feels it is a fair request. Motion Ms. Solomon moved that we approve the reduction of twenty-seven {27} parking spaces at 4740 North Congress Avenue. Mr. Sechter seconded the motion. The Recording Secretary polled the vote, which carried 7-0. Case #191 623 Railroad Avenue Property Owner: George Culverhouse Request: A variance to reduce the required number of parking spaces for an Auto Body Repair business. The request is for a reduction of seven {7) parking spaces. There are eleven {11) parking spaces existing on site. The new use will require a total of eighteen {18) spaces. Secretary Houston read the request and the applicant's response to the statement of special conditions, hardships or reasons to justify the granting of a variance. -3- NZNUTES - BOARD OF ADJUSTI4ENT NEETING BOYNTON BEACH, FLORIDA ~IANUARY 19, 1994 Dave Bea$1ey, 623 North Railroad Avenue, said the intended use is an auto body shop. Since. M~C~house purchased this property,~ it has been a general contracting'business. Hr. Culverhouse wi1'1 have three employees in addition to himsell ~op. At present, [here are eleven spaces nt rked g. shops ses ght-of- way. ~ncrease that pro em. Vice Chairman Uleck stated there is a problem with cars parking on both sides of the street in thi ' the I be ~-~ a i's Miriana asked ,f that area ( d be ey said the area i narrow for a on dri tions=are conc~ In response to a question from Secretary Houston, Mr. Beasley advised that eight vehicles can fit inside the structure. Mr. Sechter is with Mr. Culverhouse's excellent reputation because of the construction h done on many of the older homes in Hunter's Run. He will support this request for variance because it will bring another commercial eStablishme)nt into a commercial area Which does not need the parking spaces. Calvtn 211 South Federal ~ said his bank holds property ~ ~d~' not obj~c~lto this use. The Chamber of Commerce is also in favor of this use because it brings addi- tional business to Boynton Beach and provides employment opportunities. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. Ms. Solomon feels there is no need for the additional spaces in this instance and this business can function well with the current number of parking spaces. Mr. Miriana feels it would be a hardship on the owners of the property to require the additional spaces. This business is in an area where there are many ~-~ auto body shops already. He will support the granting of the variance. Secretary Houston questioned whether this is an existing business which is relo- cating from another: area. Mr. Beasley advised that Boyd's and McCord's, Inc. of Delray Beach will be taking over this area. Secretary Houston questioned why this firm is moving to Boynton Beach. Mr. Beasley advised that the potential to purchase this building is the main reason for the move. #]HUTE$ - BOARD OF ADJUSTMENT #EETZNG BOYNTOH BEACH, FLOR]DA JANUARY 19, 1994 #orlon Mr. Miriana moved that we GRANT the variance in Case #191 of eleven parking spaces which are at present on the premises. Mr. Garnsey seconded the motion. The Recording Secretary polled the vote. The vote FAILED 4-3. (Ms. Houston, and Messrs. Tineri and Uleck cast the dissenting votes.) Case #188 815 Bamboo Lane Property Owner: Joseph DeFeo, Jr. Request: A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the pro- posed construction of a garage to be attached to the west side of the existing residential structure TABLED Hotlon Mr. Garnsey moved to remove Case #188 from the table. Ms. Solomon seconded the motion, which carried unanimously. Secretary Houston read the request and the applicant's response to the special condition~, hardships or reasons for granting a variance. She also read the correspondence from five neighbors including Roy Chin, Robert J. Fay, Charles Nicholas, M. G. Hood, and Joseph DeFeo. Secretary Houston read a memorandum to the Chairman and Members of the Board of Adjustment from Mr. Haag, dated December 16, 1993, wherein he explains that the City Con~nission and Planning and Development Board would have to consider this request for a waiver of plat prior to consideration by the Board of Adjustment. Mr. Haag advised that the City Commission, on January 18, 1994, approved the waiver of plat on the DeFeo property. Mr. Miriana feels letters of recommendation which are submitted by people living outside City limits should not be introduced to the Board. The City Attorney previously advised that the Board could disregard the letter if it chose to do so. Attorney Levy said it is the Board's decision whether or not to consider consider them. Mr. Garnsey noted these letters are from residents in the im- mediate vicinity of this property. Mr. Haag pointed out that public notice is given to the people within 400 feet of the property whether they are inside or outside the City limits. Vice Chairman Uleck questioned how much of the property the City Commission accepted. Mr. Haag explained that the east side, right-hand side of the DeFeo .... property, is the City boundary. His neighbor to the east is not in the City limits. Bamboo Lane to the south is not in Boynton Beach. Mr. Garnsey explained that this property was subdivided by Sun Wah without ever being approved for subdivision. City staff requested that subdivision take place. The City Commission approved the subdivision at last night's meeting. Joseph OeFeo) 815 Bamboo Lane~ said his request is to construct a garage for the purpose of storing his personal lawn maintenance equipment and his vehicle. -5- #IHUTE$ - BOARD OF AI)JUSTNENT NEETIHG BOYNTON BEACH, FLORIDA JAHUARY 19, 1994. In response to a question from Secretary Houston, Mr. DeFeo said this garage will be larger than the shed which was originally on this property. The shed has been removed. ~-~ ri the street, garage will be 35' back from In viewing the plan, Ms. Solomon questioned how~far this garage Will. be located from the Sun=Wah parking lot. Mr. OeFeo it will be:l~' from the lot, and ithe owner o? that property has ~ to the construction. Nr. Haag advised that the required setback is 10', The Sun Wah parking lot is zoned residential. There is a possibility that another house could be constructed on that property in the future. Nr. DeFeo advised that the owner of Sun Wah has agreed to split the cost of hedges on the l' property l:ine. Hr. Niriana asked if Sun Wah will be required to construct a buffer wall since the con~nercia:l property abuts residential. Nr.~Haag stated that there is no such requirement unless Sun Wah makes substantial improvements to the property. However, the property is zoned R1AA so Sun Wah may never be required to put up a wall. Ms. Solomon confirmed that Sun Wah is ~ 'She questioned the require- ment for a buffer wall. Mr. Haag explai~r there is a requirement for the commercial property to provide buff ~residential property. However, the property directly adjacent to t~zoned commercial. [t is zoned residential. It isa parking lot state. Ms. Solomon expressed some concern about~ the 'ety issue involved since this structure will only be [' away. Mr. 'e is a provision in the Code for zero lot line construction and require a certain fire rating on the wall of Mr. OeFeo's garage~ THERE WAS NO ONE PRESENT TO SPEAK ON THIS REQUEST. Notlon Secretary Houston moved to GRANT Mr. OeFeo's variance to reduce the [0' required west setback to [' for the construction of this garage to be attached to the residence. Mr. Tineri seconded the motion. ~-~ Mr. Miriana thought additional discussion was necessary because the Board would be granting a variance to construct this garage only one foot from the property line. He needed clarification on why this parking lot ,is considered residential property. Mr. Haag explained that this property was annexed into the City back , in the [960s. It came into the City under C-! zoning. In !962, the zoning was changed to R-[AA. Hr. DeFeo explained that the property owner originally intended to sell the parking lot property, but he withdrew his request to sell when he realized he needed the area because of requirements regarding the number of seats in his restaurants. Mr. DeFeo does not believe Sun Wah willever sell off that ~" =6- E:~-I-~O C-1 ~d ~c~ ~o ~-1-~. #INUTES - BOARD OF AD,)UST#EHT #EETING BOYHTON BEACH, FLORIDA JAHUARY 19, 1994 property. Chan's Enterprises understands that if they sell the lot, they will have to appear before the Board for a variance for the number of parking spaces. The Recording Secretary polled the vote. The vote was 7-0 to GRANT the variance, OTHER BUSINESS None ADJOURNMENT There being no further business to come before the Board, Hr. Tineri moved to adjourn the meeting at 8:35 p.m. Mr. Miriana seconded the motion, which carried unanimously. ~Oanet M. Prainito Recording Secretary (Two Tapes) -7-