Minutes 11-16-92MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
MONDAY, NOVEMBER 16, 1992, AT 7:OO P. M.
PRESENT
Vernon Thompson, Chairman
James Miriana, Vice Chairman
Ne]lo Tineri, Secretary
Barkley Garnsey
Henrietta Solomon
Ben Uleck
Paul Slavin, Alternate
Irving Sechter, Alternate
ABSENT
Mike Haag, Zoning and Site Administrator
Thomas Cordie (Excused)
A. ACKNOWLEDGMENT OF MEMBERS AND VISITOR~
Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the
Board Members and Mike Haag. Mr. Slavin sat on the dais in the absence of
Mr. Cordie. Chairman Thompson welcomed Shirley Stevens who is a member of the
Planning and Development Board.
B, ~PPROVAL OF MINUTES
Ms. Solomon moved to approve the minutes of the October 12, 1992 meeting as
submitted. Secretary Tineri seconded the motion which carried unanimously.
C, COMMUNICATIONS
Et
None.
REPORT OF PLANNING AND ZONING DEPARTMENT
None.
CONTINUED PETITIONS
None.
F. NEW PETITIONS
Case #172
Property Owner:
Request:
201S. E, loth Avenue
Michael Brtnkman
A variance is requested to reduce the required number of
parking spaces for the subject property. The request is to
allow the subject property to be occupied by permitted
use{s) that require by the Code of Ordinances no more than
ten {10) parking spaces. The subject property has a total
of eight {8} existing parking spaces.
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HINUTE$ - BOARD OF AD~USTHENT HEETZNG
BOYNTON BEACH, FLORIDA
NOVEHBER Z2, 1992
Secretary Tineri read portions of the Board of Adjustment application and the
applicant's statements of special conditions, hardships or reasons justifying
the requested exception or variance.
Mr. Brinkman advised that he purchased the building new in 1980 and basically
had the building totally occupied since then. This matter first came to light
in September during routine inspection by the City. It it was discovered that
one of his tenants occupied a bay without a license. The tenant occupies three
bays and had a license for only two bays. The tenant rented the third bay
approximately eighteen months ago. It became necessary to go before the
Environmental Review Board, which somehow triggered a record search. That is
when it became evident that the building was designed for partial storage and
partial business use. Mr.: Brinkman stated that he has been renting that
building to businesses
since 1980 and has never had a problem with anybody
tenant,getting a license. He now has to remedy the parking situation or remove a
In response to Ms. Solomon, Mr. Brinkman stated there are currently three
tenants and eight parking spaces. Colonial Glass and Mirror does not bring
customers to the building because they do glass work in people's homes. Wooden
Wonders makes cabinets for showrooms and works away from the building. Solar
Guard is the only tenant who brings people to the building; however, they do it
by appointment. They tint auto windows and do the work inside the building.
Mr. Brinkman said he does not have enough property to add two parking spaces.
Mr. Uleck noticed that there is twenty feet of asphalt pavement on the architec-
tural drawing and asked why that could not be used for parking. Mr. Brinkman
advised that it is against City Code to back out into a City street. Therefore,
that space cannot be classified as parking.
In response to Ms. Solomon, Mr. Brinkman said if this variance is not granted,
he will have to remove a tenant.
Vice Chairman Miriana asked why the area adjacent to Colonial Glass and Mirror
is not utilized for parking. Mr. Brinkman advised that the only way to get out
of that space would be to back up onto 1st Street, which is not permitted by
Code.
No one was present to speak in favor of or against the granting of this
variance.
Chairman Thompson read a letter from Brian Duffy and John Churey in support of
Mr. Brinkman's effort to obtain a variance. He also read a letter from Ernest
Kitching who has no objection to Mr. Brinkman's request for this variance.
Mr. Uleck advised that he has brought his cars to Solar Guard on different occa-
sions and has not experienced problems with parking. Moreover, the owner of
MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
NOVENBER 12, 1992
Solar Guard works by appointment. Mr. Uteck has also had occasion to go to
Colonial Glass and Mirror and had no problems with parking. He said he has dri-
ven by this area many times and has never noticed any problems with parking.
Mr. Slavin felt Mr. Brinkman is in a situation not of his making. Furthermore,
he cannot purchase additional property to put in two more parking spaces.
Mr. Slavin felt the granting of this variance would not have a material impact
or create a hardship for anybody in the area.
Vice Chairman Miriana observed the property a number of times prior to this
application and has never noticed a problem with parking. He felt that if this
variance is not granted, a hardship would be created for the businesses.
Secretary Tineri also had occasion to visit Solar Guard by appointment and has
not experienced problems with parking. He saw no reason to put the applicant
through the stress of having to e]iminate a tenant since the granting of a
variance would not cause any zoning problems.
It seemed to Mr. Garnsey that the existing eight parking spaces are adequate.
Since ten parking spaces cannot fit on site, he felt it would be an unnecessary,
undue hardship to require ten. He could not see how this variance would be
injurious to the public welfare or to other people in this industrial area.
Hotlon
Ms. Solomon moved to grant this variance. Mr. Tineri seconded the motion. A
roll call vote was polled by the Recording Secretary. The motion carriea 7-0.
G, FUTURE PETITIONS FOR MEETING OF DECENB:ER 21 1992
Case #173 - Open
Some of the Board Members expressed a desire to receive the backup material per-
taining to future applications two weeks prior to meeting.
H, ~DJOURNMENT
Before adjourning, Chairman Thompson reminded the Board Members to respond in a
timely fashion if they are planning to attend the City Dinner.
There being no further business to come before this Board, the meeting properly
adjourned at 7:33 P. M.
Eve Eubanks
Recording Secretary
(One Tape)
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