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Minutes 09-20-93 HINUTES OF THE BOARD OF ADOUSTHENT #EETING HELD IN COHHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON HONDAY, SEPTEHBER 20, 1993 AT 7:00 P.H. PRESENT Ben Uleck, Vice Chairman Raychel Houston Henrietta Solomon Nello Tineri James Miriana, Alternate Irving Sechter, Alternate ABSENT Vernon Thompson, Chairman Thomas Cordie (excused) Barkley Garnsey Mike Haag, Zoning & Site Devel. Administrator A. ACKNOWLEDGEHENT OF. HEHBERS AND VISITORS Vice Chairman Uleck called the meeting to order at 7:08 p.m. The Recording Secretary called the roll. B. APPROVAL OF HINUTES Mr. Miriana moved to approve the minutes of the last meeting. Ms. Solomon seconded the motion. Ms. Solomon moved to approve the minutes of the May 17, 1993 meeting. Mr. Sechter seconded the motion. C. CONTINUED PETITIONS None D. NEW PETITIONS Case #183 571 West Ocean Avenue Property Owner: Robert Borovy, Agent for the Bosnton Beach American Legion Request: Applicant requests partial relief from Section 11.H.16.b. {3) of Appendix A - Zoning Code in connection with a pro- posed expansion of the Legion building. The referenced section describes the basis for determining the required number of regular parking spaces for the Legion use. The applicant is requesting the required sixty {60) regular parking spaces, of which fifty-eight {58} are required for the Legion, plus two {2} spaces required for the single- family residence, which is located on the site, be reduced to a total of thirty-eight {38}, which results in reduc- tion of twenty-two {22) required parking spaces. MINUTES - BOARD OF AD,]USTMENT MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1993 Ms. Houston read the application. She further reported the receipt of a letter from Gene Moore, who expressed no objection to the granting of the variance. The developed site is zoned Public Use. The site contains a one-story single- family residence and a one-story American Legion Post 164 building. The appli- cant is requesting relief from providing the required number of parking spaces in connection with the expansion of the existing Legion building. The Code specifies that the type and size of the uses located on the subject property provide sixty (60) regular parking spaces; fifty-eight (58) required for the Legion building, including the spaces required for the 2,756.83 feet two-story addition, and two spaces required for the detached residential house that is located at the north portion of the site. The following is a list of uses and zoning districts of the sites that abut the residence: North: East: South: West: R-2, one-story single-family residence Across the Florida East Coast Railroad tracks, there is M-l, Bulldog Fence Company Across Ocean Avenue, there is R-2, Barnal's Feed Store Across N.W. 6th Street, there is R-lA, one-story single- family residences. Ms. Houston also read the applicant's letter in response to the "Statement of Special Conditions for the Variance". Harold Blanchette, 905 Mission Hill Road, Bob Borovy, 2521SW 11th Street, Paul Mattel, 1765 16th Court, Lake Worth, and Karl Haselbauer of Lake Worth, repre- sented the American Legion. Vice Chairman Uleck inquired as to whether or not the parking facilities will be adequate when membership meetings are conducted. Mr. Borovy explained that although the"Legion expects to increase their membership to approximately 500 people this year, at the present time, only between ten (10) and twenty (20) people attend the meetings. Even with an increase in membership, he would never expect more than fifty (50) people to attend a meeting. The second story expan- sion will be used for storage and office space. It will not require additional parking. Mr. Blanchette said that even though the square footage is being increased, all of that area will never be utilized at one time. If downstairs is in use, the upstairs portion will be vacant. Further, the building is on a dead-end street. Ocean Avenue will soon be dead ended completely and the American Legion intends to request an abandonment of that street when that occurs. With regard to parking, Mr. Borovy further reported that the American Legion requested permission from the City to use an area under some Melaluca trees for additional parking when necessary. They have been using that area for the past ten to twelve years with no interference from any City agency. That area pro- vides an additional eight (8) parking spaces. This request from the City was a "gentlemen's agreement". -2- HINUTES - BOARD OF AD,)USTHENT #EETING BOYNTON BEACH, FLORIDA SEPTEHBER 20, 1993 Vice Chairman Uleck expressed concern about the number of spaces which would be lost, while Mr. Miriana was concerned with the fact that the reduction in parking spaces might not accommodate the increased membership the American Legion intends. Mr. Borovy again reiterated that it is highly unlikely that more than 10 percent of the members will ever attend a meeting at one time. Mr. Miriana felt the purpose of expansion would be to accommodate increased activities. R~ll~n SaDYta, of 9975B Cassia Tree Way, is an officer in the American Legion. The additional space is required for meetings. Meetings are currently being conducted in the lounge. It is not possible for members to socialize at those times because the lounge is shut down when meetings are in progress. The Legion also needs storage area. The aluminum annex, which is currently being used, is in very bad shape and will soon be obsolete. Mr. Blanchette reiterated that the old trailer is a hazard during a windstorm. He feels that there will be no parking problem now or in the future. Paul Hartel, Club Manager, is at the Post everyday. The Legion plans to expand in the future in order to begin Boy Scout and senior citizen programs at the Post. He feels it would be inappropriate to bring children into a lounge where alcohol is being served. When awards dinners are given, the members want to provide a safe atmosphere. He urged support of the request. Ms. Solomon inquired as to how the Legion would handle a situation if all mem- bers attended a function at one time. Mr. Martel stated it will never happen. However, Mr. Borovy explained that the Legion has a good relationship with the commercial area across the street. Barnal's Feed Store has permitted parking by visitors to the Legion. A representative from the Legion explained that in order to expand their prop- erty, the Legion purchased the two parking lots to the north. It was necessary to purchase the single-family residence at-that time. That residence is rented. Mr. Borovy said that land is part of the operation. It can be rented, but it cannot be sold or used for any other purpose. At some point in the future, the house will be demolished. Gordon Eskrldge, §29 W, Ocean Avenue~ is opposed to this variance. He feels the parking should be expanded if the building is to be expanded. He feels the Code should be adhered to. Susan Colvln~ 623 W, Ocean Avenue~ is strongly opposed to the granting of this variance becausTw~-~n activities take place at the Legion, people park every- where. They currently use Barnal's Feed Store for parking, but they also park around the circle. She feels they could make use of the area the house is located on rather than infringing on the property owners in the area. Harry~ 6!9 W. Ocean Avenue) said he never sees cars parking on the street at any time. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. -3- MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1993 Mr. Miriana expressed skepticism because of the proposal by the Legion to increase their membership. He feels a problem might be experienced by the City if this variance is granted. Mr. Sechter feels the decrease in parking will cause more of a hardship on the American Legion than it will on the neighbors. He thinks the American Legion should be given the benefit of the doubt, and he will support the granting of the variance. Mr. Tineri does not feel the reduction of the parking spaces will be a detriment to the neighborhood. Further, he does not feel it will be detrimental to the zoning and thinks the Board should be flexible in this case. He will support the variance. Vice Chairman Uleck feels that because they own Lots 4 and 5, there will be additional parking in the future. Mr. Haag pointed out that the Legion is showing new parking spaces being built on Lots 4 and 5 as part of the proposal. They propose taking down the porch on the residence and putting parking spaces in that area. Motion Ms. Solomon moved that in Case #183, American Legion, we allow this variance. Mr. Tineri seconded the motion. The Recording Secretary polled the vote. Ms. Houston No Ms. Solomon Yes Mr. Tineri Yes Mr. Uleck - Yes Mr. Miriana - No Mr. Sechter Yes The vote was 4-2. Attorney Cherof advised that five affirmative votes are required to grant the variance; therefore, the application for the variance failed. From the audience, Mr. Borovy remarked that it appeared some of the people misunderstood the vote because the person who seconded the motion then voted against it. Ms. Houston advised that the person who seconded the motion voted in favor. Vice Chairman Uleck requested another vote be polled. The Recording Secretary polled the vote. Ms. Houston - No Ms. Solomon - Yes Mr. Tineri - Yes Mr. Uleck - Yes Mr. Miriana Yes Mr. Sechter - Yes The vote was 5-1 in favor of GRANTING the variance. NINUTE$- BOARD OF AI~USTHEHT HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 20, ~993 Case #1~4 652 and 654 Manor Drive Property Owner: Barbara Bradshaw Request: The applicant is requesting approval to allow a lot with an area of 8,376.50 square feet be developed for a two- unit duplex. Section 5 G.2.1 and 5 F.2. specifies that a minimum lot area of 4,500 square feet is required per dwelling unit. A total area of 9,000 square feet is required to develop a lot for a two dwelling unit duplex use. Ms. Houston read the applicant's response to the "Statement of Special Conditions for the Variance". Additionally, Ms. Houston read a letter from Mrs. J. Willard Pipes which supported the granting of the variance. Barbara Bradshaw, 6 anor Drlve~ produced a letter from Molly Crane, a map depi6t'ing the location°f the property, and a petition in support of the variance containing fourteen signatures of the surrounding property owners. the applicant's request, Ms. Houston read the letter of support from Molly Crane. At Ms. Bradshaw reported that this Board has approved sixteen (16) such variance requests over the last eight {8} years. In March, 1993, a variance was approved for two lots which were 7,500 square feet to allow duplexes to be built. That square footage was a great deal smaller than this request. The surrounding properties include the following: West: One-story retirement development (Rustic Retreat) This is an HRS center. The owner has purchased the two houses at the end of the street (the house adjacent to the lot and the one on the south side of the street). Those two single-family homes have been incorporated into the HRS center. North: Single-story duplex. This duplex is owned by Sandra O'Connell. Ms. O'Connell has signed the petition. Ms. Bradshaw stated she also abuts a duplex owned by James Barnes who was granted a variance in Case #88 to build a triplex on an 11,000 square foot lot. Ms. Bradshaw requested the Board be as fair and equitable to her as they have been to her neighbors in the surrounding area. In response to Ms. Solomon's question, Ms. Bradshaw advised that there are other apartment buildings on her street. The street is a road easement access which she owns and maintains. The road dead ends into a small cul-de-sac. There are apartments to the east, a duplex and triplex to the north, a nursing home to the west, and two single-family homes and a duplex to the south. -5- MIHUTES - BOARD OF ADJUSTMEHT MEET]'.HG BOYNTOH BEACH, FLORIDA SEPTEMBER 20, 1993 Vice Chairman Uleck requested clarification on the square footage issue. Ms. Bradshaw confirmed that each side is 940 square feet. The required square footage in that zoning is 750 square feet per unit. This will be 250 square feet larger per unit. In response to Vice Chairman Uleck's question regarding parking, Gary Cummins, builder for the applicant, responded that all City requirements for parking have been met. Further, no variance is requested for setbacks either. This request for a variance is presented because the applicant lacks a small amount of square footage. Mr. Miriana noted that the applicant is only lacking 624 square feet of the 9,000 square feet required, and he feels the granting of this variance will improve the community because this lot has been used as a dumping ground. Lloyd Powell~ ~ for ~ Seven~ 1112 North Federal Highway, supports this request for a variance. At the presen~--~-Tm~ ~-~is is a vacant lot. When the variance is granted, the duplex will bring in tax dollars and do away with the vacant land. This area of the City has not been maintained very well in recent years, but this applicant has done a good job in maintaining and upgrading the area. He urged support of the variance. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Mr. Miriana moved that we grant the variance for the reduction of the lot size to 8,376.5 square feet from the required 9,000 square feet. Ms. Houston seconded the motion. The Recording Secretary polled the vote. Ms. Houston Yes Ms. Solomon Yes Mr. Tineri Yes Mr. Uleck - Yes Mr. Miriana Yes Mr, Sechter Yes The vote was 6-0 to GRANT the variance. E. OTHER BUSINESS None F. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:13 p.m. 'nito Recording Secretary (Two Tapes) -6- BOARD OF ADJUSTMENT CASE #183 Property Owners: ORDER Robert Borovy,~Agent for theBoynton-Beach American Legion 571 West Ocean Avenue BOynton Beach, FL The application for a variance of Robert Borovy, Agent for the American Legion, for partial relief from Section ll.H.16.b.(3) of Appendix A - Zoning Code, was granted. A copy of the minutes of the meeting reflecting hereto. Dated: 9-13-~ the basis for such ruling is attached Ben Uleck Board Vice Chairman ._ ORDER BOARD OF ADJUSTMENT CASE #184 Property Owners: Barbara~Bradshaw 652 and 654 Manor Drive Boynton Beach, FL The application for a variance of Barbara Bradshaw, for relief from Section 5 G.2.1. and 5 F.2., was granted. A copy of the minutes of the meeting reflecting the basis for such ruling is attached hereto. Dated: ~Ben Uleck Board Vice Chairman