Loading...
Minutes 04-19-93NINUTES OF THE BOARD OF ADJUSTHENT NEETING HELD IN COHHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON HONDAY, APRIL 19, 1993 AT 7:00 PRESENT James Niriana, Acting Chair Nello Tineri, Secretary Thomas Cordie (arrived late) Barkley Garnsey Raychel Houston Henrietta Solomon Ben Uleck Irving Sechter, Alternate Paul Slavin, Alternate Chris Cutro, Planning and Zoning Director Mike Haag, Zoning and Site Devel. Administrator James Cherof, City Attorney ACKNOWLDGEHENT OF'MEHBERS_AND yISITORS Mr. Miriana called the meeting to order at 7:00 p.m. of the Board, City Attorney Cherof, and Mike Haag. arrived.) He introduced the members (Mr. Cordie had not yet APPROVAL OF NINUTE$ Mr. Uleck moved to approve the minutes of the last meeting. seconded the motion which carried unanimously. Ms. Solomon ELECTION OF OFFICERS Mr. Miriana suggested the election of officers be delayed until all appointments have been confirmed by the City Commission. He requested this item appear on next month's agenda. Notlon Mr. Tineri moved to forego the election of officers until next month Ms Solomon seconded the motion. · · At this point, Mr. Cordie arrived. Upon advice from City Attorney Cherof, Regular member, Mr. Cordie, replaced Alternate member, Mr. Slavin, at the dais. The motion carried 7-0. ,CONTINUED .PETITIONS None -¸I MINUTES - BOARD OF ADJUSTMENT NEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 ~EW PETITIONS CASE #174 Owner: Agent: Requested Variance: Location: James Rollyson Luis Nievas Appendix A-Zoning, Section 11.H.16.f.(1) Industrial, research and development, trades, wholesale and warehouses: ' Manufacturing and industrial uses not listed elsewhere: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principle uses, including office or retail floor area. The applicant is requesting a reduction in the number of required parking spaces. The manufacturing uses that pres- ently occupy the 51,386 square foot structure require 103 parking spaces. The applicant wishes to provide sixty- one (61) parking spaces; therefore, a reduction of forty-two (42) parking spaces is requested. 507 Industrial Way Secretary Tineri read the application and the justification statement for variances. Luls Nlev_~y~as Englneer~ was present to represent Mr. Rollyson. Mr. Nievas e--~-~Faine~ that prior to a subdivision of the site, ninety-eight {98) parking spaces existed. When the property was subdivided and sold to Waste Management, parking was reduced by thirty-five {35) spaces. Mr. Rollyson was informed that he is not in compliance with the Code requiring 103 parking spaces for the manu- facturing use which currently occupies the building. In order to expand the lot to gain the required number of parking spaces, the existing parking lot would have to be totally redesigned and upgraded. Further, this expansion would result in the loss of almost all green areas on the site. The applicant has proposed a redesign of the existing parking which will provide a total of sixty-one {61) parking spaces for this property. Mr. Nievas pointed out that there are never more than thirty-five {35} cars parked in this lot at any one time. He requested the Board grant the variance with a proviso that if more spaces are needed in the future, the property owner will have to remove the green area to provide that parking. Carlos Tazziani, general manager of the manufacturing company which occupies the ~ng, stated his company has only thirty-one {31) employees. There are no plans for future expansion of the company, and there is no need for additional parking spaces at this time. -2- HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 THREE REQUESTS WERE MADE FOR SPEAKERS IN FAVOR OF GRANTING THIS VARIANCE No one other than Mr. Tazziani was present to speak. ' THREE REQUESTS WERE MADE FOR SPEAKERS OPPOSING THIS VARIANCE, No one was pre- sent to speak in opposition of granting the variance. Mr. Garnsey requested guidance from Attorney Cherof with regard to granting a contingency variance based on the current status of the building. Attorney Cherof advised that the Board could grant the variance with a proviso that if there is a change in occupancy, the variance will expire and the property owner would have to return for review. ,Notion Ms. Solomon moved that this variance be granted with the understanding that any changes in either ownership or occupancy will require permission from the Building Department. Mr. Garnsey seconded the motion. As a result of a question posed by Mr. Uleck, Attorney Cherof reviewed the pur- pose of the variance procedure and explained that the way the motion is worded, if occupancy or occupational licenses change, the variance will expire and the property owner must come back before the Board. A roll call vote was polled by the Recording Secretary. The vote was 6-1. (Mr. Uleck cast the dissenting vote.) The variance was APPROVED. ~ASE ~175 Agent: Requested Variance: Lawrence Sehres, Architect for Philip Patenaude Trustee for the Owner ' The applicant requests approval to allow a 25.11 foot lot frontage for a two (2) acre piece of property located on South Federal Highway. The 25.11 foot frontage is 74.89 feet less than the 100 feet required by Section 5.G.2.a. of the Zoning Code. Location: On South Federal Highway directly north of Hampshire Gardens Co-Ops and directly south of Gentleman Jim's Restaurant Secretary Tineri read the application and advised that the justification state- ment for variances had been read earlier in the meeting. Lawrence Sehres~ ~rchltect for the proJect~ advised that this request is based 6n the fa~t tha{ when this~p'erty was subdivided, it was done so in a manner that does not now provide adequate frontage along Federal Highway. There is a twenty-five (25) foot access from Federal Highway into the property. Gentleman Jim's is to the north of the property with Hampshire Gardens to the south. The contract purchaser plans to erect a four-story condominium containing ten (10) units per floor for a total of forty (40) units. If this variance is not granted, the property will be landlocked and will not be able to be developed. This request will provide a useful function for the land. -3- HZNUTES - BOARD OF AD~USTHENT HEETZNG BOYNTON BEACH, FLORZDA APRIL 19, 1993 The agent and contract purchaser met with representatives from Hampshire Gardens to explain the purpose of the development. It was Mr. Sehres' opinion that this proposed project will be a good neighbor and an asset to the community. Mr. Miriana pointed out to Mr. Sehres that there is a six ($) foot FPL easement along this twenty-five (25) feet of land. Mr. Sheres explained that this piece of property will be used as the access into the property. The developer plans to pave over the easement and has not experienced any objections thus far from FPL. Mr. Cutro explained this is a normal procedure. If FPL needs to cut the road in the future, the property owners would be responsible for the repairs. Discussion ensued regarding City utilities and accessibility to the site by the Fire Department, Police Department and emergency vehicles. Parking on the site also became an issue. However, Mr. Cutro explained that it is the developer's responsibility to make his project work on the site. The Board's responsibility is to determine whether or not the developer can build on the property without the required frontage on Federal Highway. Mr. Sehres said this piece of land was not du~y considered during the master plan process. This property was left with a limited access of only twenty-five (25) feet which makes it quite unique. Mr. Sehres was of the opinion that this particular situation does not exist anywhere else in the City. A REQUEST WAS MADE FOR ANYONE WISHING TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. Claude Lsmere, representing the developer, said studies have been done with regard to accessibility to the site and meeting building Codes; however, the developer does not want to invest too much money into these studies unless a variance is granted. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. AN ANNOUNCEMENT WAS MADE FOR SPEAKERS OPPOSED TO GRANTING THE VARIANCE. Pat Downe_~y_z 2430 South Feder81Hlghv~y, spoke as one of the H--~-~p~'~ire Gar--a'~s; ~e offered petitions with 220 residents signatures opposing [epresentatives from the variance. {The petitions are on file in the City Clerk's Office.) Her reasons for opposing the variance revolved around the negative impact the additional traffic would have on Hampshire Gardens. She further spoke about the noise, light pollution and fumes which would be generated by the increased vehi- cular traffic. She pointed out that the distance from the back of her building to the edge of the property is approximately thirty-eight {38} feet. P__red Wulff, 2420 South Federal ~ Apartment #5, is opposed to the variance bemuse of t~ Ee~ative'impact which will' be creat6d by the increased traffic. He spoke of the discomfort which will be experienced by the elderly people who have lived in this complex for many years. Although the developers spoke with residents of Hampshire Gardens, Mr. Wulff felt their concerns were not clearly addressed. He spoke of a two {2} acre site which will house forty {40) units, a MINUTES - BO&RD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 swimming pool, jacuzzi, dressing room with showers, and parking for fifty-five (55) cars. He urged the'Board to deny the request-for~variance based on the fact that the residents are concerned with protecting their investment and wish to live out the remainder of their lives in peace and quiet. George Barbuty~ 2420 South Federal ~ Apartment #15, this va'fiance. ~s~e'rned wit~ t~e narrowness of the is also opposed to access roadway and feels emergency vehicles will not be able to be accommodated. If that access roadway needed to be dug up for any reason, there would be no way emergency vehicles could service the complex. He urged the Board to deny the request. Joe Vttale~ 2450 South Federal ~ is concerned with the traffic which will be g~nerated~fF~E o'f Hampshi:Fe ~2r~ens, posing a danger to its residents. Mr. Vitale attempted to rebut the applicant's answers to Questions A through F on the application. He pointed out that the fact that there was only a twenty- five {25} foot access was well known at the time of purchase. He feels the granting of this variance is providing special privileges to the applicant, but creating a hardshlip for the people of the community. Vincent Pandolfo~ 2440 South Federal ~ spent many years driving fire ~rucks and pointed~th--6~'E'maneuvering s~ch a vehicle in this small space pro- vided will be difficult at best, and quite difficult since there is no swing space. Secretary Tineri read two letters of opposition from Marie A. Zaronski of 2460 South Federal Highway, Apartment #5, and Paul and June Horand of 2450 South Federal Highway, Apartment #7. Although there was no one else present wishing to speak in opposition of the variance, a majority of the audience stood up in solidarity to show their opposition to the granting of this variance. Mr. Lamere advised that the people interested in buying the proposed units are all from Canada. These people will spend approximately two or three months here during the season and only 30% of the units will be used during the summer months. Further, the developer Will have to meet with the State regarding the median on Federal Highway. Mr. Sehres stated that the condition in which this site was left was the result of actions by the authorities who approved the subdivision twenty-five {25) years ago. He feels this site is unique. The number of units requested for the site meets the permitted occupancy levels. He provided an aerial photo for review by Board members which showed the distance from the property to Hampshire Gardens and the road whiCh separates the property. He stated that the developer intends to incorporate a landscpaing strip which will provide a visual barrier. He urged approval of the request to allow the owner the right to use his land. Mr. Slavin, Board Alternate, explained that he was a member of this Board in 1980 when Col. Drum first requested a variance for twenty-five {25) feet to allow a roadway into his property. After investigation, it was determined that Col. Drum created his own hardship. The City was not responsible in any way. NINUTES - BOARD OF ADJUSTNENT NEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 In response to Mr. Garnsey's question, Mr. Haag advised that if this request is denied, there is no other use for'this property because the 100 foot frontage is required to develop the property. Prior to the subdivision of this property, there was a seventy-five {75) foot frontage requirement. Ms. Solomon inquired whether or not traffic impacts become an issue when pro- jects such as this are site reviewed. Mr. Cutro advised that when a plan is submitted, the City reviews for traffic concurrency, water and sewer concur- rency, drainage and parks and recreation. A traffic review would have to be submitted to the County where a determination will be made as to whether or not the plan is acceptable. Mr. Cutro is of the opinion that there will not be a problem in this area. Mr. Garnsey feels it is the Board's responsibility to consider granting this variance because denial will mean the owner will lose the use of his property. However, he feels there might be a problem in developing this property as pro- posed. Motion Mr. Garnsey moved that the Board grant the request to allow 25.11 foot lot frontage for this piece of property. Ms. Solomon seconded the motion. The Recording Secretary polled the vote. The vote was 3-4. {Ms. Houston, Mr. Miriana, Mr. Tineri and Mr. Uleck cast the dissenting votes } The variance was DENIED. · Mr. Miriana announced the presence in the audience of Mayor Harmening. CASE ,#177 Owner: Agent: Requested Variance: Location: Anna Colson and Willie Brookins Christopher Cutro for the Community Development Corporation To allow construction of three single-family homes by the Community Development Corporation on fifty {50) foot wide lots where sixty {60) foot wide lots are required. 349, 351 and 353 Northeast 13th Avenue Secretary Tineri read the application and reminded all present that the justification statement for variances had previously been read at the start of the meeting. Mr. Cutro advised that he prepared the application on instructions from the City Manager's Office. The Community Development Corporation would like to purchase this property as well as the property which will appear in the next application (Case #178). It would be possible for the CDC to set up a "dummy" corporation and pass each lot from one corporation to another; however, the City feels it is more acceptable to seek the necessary variances. -6 MINUTES - BOARD OF ADJUSTHENT MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 All of the other lots in this area have been developed with fifty (50) foot frontages or less. This is an older area of Boynton Beach with many of the homes developed in the 1930s, 1940s and 195Ds. The Comprehensive Plan supports the concept of building affordable housing in this particular area. Further, this has been a target area for Community Development funds and Community Improvement Funds. All other City Codes will be complied with. Three homes will be built; one of 1,150 square feet, one of 1,250 square feet and one of 1,400 square feet. ' bWll~Searcy, 402 NE 13th Avenue~ is very pleased that these homes are being ui:lt in her neigh6-6r~-6~-~. She requested a photo of the homes which are planned. Ooanna ~ ~onmunlty Organizer ~o_r the Community Development Corporation, explained tha'~ the CDC is composed of community rest'dents with Mr. Art Matthews as President. This project will contain quality homes for people in the com- munity. THREE REQUESTS WERE MADE FOR SPEAKERS IN FAVOR OF GRANTING THE VARIANCE No one was present to speak. ' THREE REQUESTS WERE MADE FOR SPEAKERS OPPOSED TO GRANTING THIS VARIANCE. No one was present to speak. Motion Ms. Solomon moved to grant the request for 349, 351 and 353 Northeast 13th Avenue. Mr. Cordie seconded the motion. The Recording Secretary polled the vote. The vote was 7-0. The variance was APPROVED. CASE #178 Owner: Agent: Requested Variance: Location: City of Boynton Beach Christopher Cutro for the Community Development Corporation To allow construction of two single-family houses by the Community Development Corporation on fifty {50} foot wide lots where sixty {60} foot wide lots are required. 311, 315 and 319 Northeast 13th Avenue Secretary Tineri read the application, and advised that the justification state- ment for variances was read earlier in the meeting. Mr. Cutro explained that this is the same type of situation as in Case #177. These two lots are owned by the City. It is planned that two homes will be built on these lots with fifty (50) foot frontages. -7 HINUTES - BOARD OF ADJUSTNENT HEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 THREE REQUESTS WERE MADE FOR SPEAKERS IN FAVOR OF GRANTING THE VARIANCE. No one was present to speak. THREE REQUESTS WERE MADE FOR SPEAKERS OPPOSED TO GRANTING THE VARIANCE. No one was present to speak. Mr. Cutro advised the Board to use 315 and 319 Northeast 13th Avenue when making the motion. Mr. Tineri moved to grant a variance for 315 and 319 Northeast 13th Avenue. Mr. Cordie seconded the motion. The Recording Secretary polled the vote. The vote was 7-0. The variance was APPROVED. OTHER BUSINESS None ADJOURNMENT There being no further business to come before the Board, Mr. Cordie moved to adjourn the meeting at 9:10 p.m. Mr. Tineri seconded the motion which carried unanimously. Prai ni to Recording Secretary (Two Tapes) -8-