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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. - 1 - 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) -3-