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Minutes 01-13-92MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, JANUARY 13, 1992 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman James Miriana, Vice Chairman Raymond Eney, Secretary Andrew Haynes Thomas Newton Henrietta Solomon Ben Uleck ALTERNATE Paul Slavin ABSENT Bradley Miller, Alternate (Excused) Mike Haag, Zoning and Site Development Administrator A. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the Board members, Mike Haag,-and the Recording Secretary. B. READING AND APPROVING OF MINUTES Ms. Solomon moved to approve the Minutes of the November 4, 1991 meeting. Secretary Eney seconded the motion which carried 7-0. C. ANNOUNCEMENTS Chairman Thompson read the six criteria which the Board takes into consideration when rendering a decision on a variance. D. COMMUNICATIONS Chairman Thompson announced Mr. Miller was in contact with the City Clerk's Office and asked to be excused from this meeting, as he will be out of town. E. OLD BUSINESS None. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 13, 1992 F. NEW BUSINESS Case ~165 Address: Owner: Legal Description: Requested Variance: 360 N. Congress Avenue (T.G.I. Friday's Restaurant) J. J. Gumberg Co. A portion of Tracts 61 through 67 inclusive as shown on the plat of the subdivision of Sections 29 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida Parking space reduction Secretary Eney read the application. The property is presently zoned C-3 and was formerly zoned C-1. Denial was made upon Section ll.H.16.d (2) Appendix A-Zoning. The nature of exception or variance required is that the Code requires 931 parking spaces and only 928 parking spaces are provided. Therefore, a variance of 3 parking spaces is requested. The applicant was turned down on December 9, 1991 by Mike Haag of the Planning Department with a notation that the application for a permit would be denied. Secretary Eney then read the applicant's responses to the six criteria. Architect Tom Di§iorgio, Jr. was present representing T.G.I. Friday's. He stated a 630 square foot patio addition is pro- posed. When T.G.I. Friday.s was built, 475 square feet was saved for future expansion. At that time, the site had 930 parking spaces. Right after that, Arby's turned over hands to Kentucky Fried Chicken on the same site. Mr. Digiorgio stated a hardship was created when Kentucky Fried Chicken eliminated 27 feet of the building area and reconfi§ured their parking, taking away two spacesl He felt the request for the additional parking spaces would not create any undue hardship, and further that it would compliment the area. He said the parking spaces are shared be- tween the retailers, and the majority of the retailers close at 5:00 P. M. In answer to Ms. Solomon.s question, Mr. Digiorgio said if Kentucky Fried Chicken did not reconfigure the parking area, the present owner would only need a variance for one parking space. Architect Ralph Cook of J. J. Gumberg was also present and stated that When Friday,s initially signed a lease, there was a clause in it that would allow them to expand into the patio, j.j. Gumberg accepted the position of managing agents for the shopping center last year and are honoring that particular clause in the lease. The parking did exist at the time the building was 2 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 13, 1992 constructed, and was specifically designed to be able to expand into the patio area. Massachusetts Mutual, the owners of the shoppin§ center, have been contacted and are in accord with the expansion. Mr. Newton asked if the expansion was responsible for eliminating any parking spaces. Mr. Digiorgio answered in the negative. Mr. Miriana said he has never seen at any one time the shopping center being used 100% and he felt the addition would leave plenty of room. There was no response to Chairman Thompson.s inquiring three times if anyone would like to speak in favor of granting the variance or against granting the variance. It was determined no communications were received regarding this variance. Ms. Solomon moved to grant the request of J. j. Gumberg Co. for a variance regarding the three parking spaces. Secretary Eney seconded the motion. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes - Aye Thomas Newton - Aye Henrietta Solomon - Aye Ben Uleck - Aye Raymond Eney - Aye James Miriana - Aye Vernon Thompson - Aye The motion carried 7-0 and the variance was granted. REQUEST FOR REHEARING Case #163 Address: Owner: Legal Description: Requested 410 Mission Hill Road Kenneth Focarino Lot 8, Block 6, Mission Hill Variances: Rear setback reduction and fence height Secretary Eney announced this is a September case which the Board denied. In November Mr. Focarino requested that the Board of Adjustment rehear his case so he may have the opportunity to better present all the facts. Mr. Haag said Mr. Focarino telephoned him and he in turn con- tacted the City Attorney who advised that this request for MINUTES - BOARD OF ADJUSTMENT BOYNTONBEACH, FLORIDA JANUARY 13, 1992 rehearing be placed on the a§enda. The City Attorney also informed Mr. Haag that if the Board of Adjustment moves in favor of rehearing the case, he will attend the next meeting. Mr. Haag said Mr. Focarino would then have to pay another submittal fee. Vice Chairman Miriana said he did no~ like the manner in which this request was approached. He said he was personally contacted and requested to change his decision on this matter and he knew of others who were also contacted. ' Chairman Thompson felt if the Board reheard all applications that have been denied, it would be violating City law which indicates an applicant has to wait for one year before returning to the Board. Ms. Solomon felt the City Attorney did not arbitrarily make a decision, that he is aware of the rules of this Board and might have a good reason for placing this request for rehearing on the agenda. Vice Chairman Miriana said the attorney allowed this to come before the Board for consideration yet he is conspicuous by his absence. ' Mr. Uleck agreed with Chairman Thompson.s opinion, and stated that according to the Code and rules, if a case is rejected, the applicant must wait a year before reapplying. Mr. Uleck moved to dismiss this case entirely until next year. Vice Chairman Miriana seconded the motion. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes - Aye Thomas Newton - Aye Henrietta Solomon - Nay Ben Uleck - Aye Raymond Eney - Aye James Miriana - Aye Vernon Thompson - Aye The motion carried 6-1 and the request was denied. G. PENDING REQUESTS FOR FUTURE MEETING - FEBRUARY 10, 1992 Case #166 - Open. H. OTHER BUSINESS Chairman Thompson inquired whether the other members received a call from the Planning Department scheduling a workshop meeting. 4 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 13, 1992 It was the understanding of all the members that there would be a workshop meeting on Tuesday, January 28, 1992, at 7:00 P. M. in Conference Room A. Mr. Haag said he is still trying to schedule this workshop and he waiting for confirmation from the City Attorney's Office. He will send the members an agenda before the meeting. I. ADJOURNMENT Mr. Haynes moved to adjourn the meeting. Vice Chairman Miriana seconded the motion which carried 7-0. There being no further business, the meeting properly adjourned at 7:40 P. M. Eve Eubanks Recording Secretary (One Tape)