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Minutes 07-08-91MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COM_~ISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 8, 1991 AT 7:00 P.M. PRESENT Alfred Newbold, Deputy Bldg. official Vernon Thompson, Chairman James Miriana, Vice Chairman Raymond Eney, Secretary Andrew Ha ynes Thomas Newton Henrietta Solomon Ben Uleck Chairman Vernon Thompson called the meeting to order at 7:00 P.M. and introduced the Members, including two Alternate Members (not voting), Kevin Clair and Paul Slavin. He also introduced Mr. A1 Newbold from the Building Department and the Recording Secretary. He acknowledged the presence of City Attorney James Cherof, Commissioner Lynne Matson, Vice Mayor Ed Harmening and Don Jaeger, Building Official. APPROVAL OF MINUTES OF JUNE 10, 1991 Henrietta Solomon made a motion to accept the minutes as received which was seconded by Ben Uleck. The motion carried 7-0. ANNOU NC EMENT S Chairman Thompson informed the audience of the purpose of the Board of Adjustment including the six criteria which are taken into consideration when hearing a request for variance and further informed that the Board of Adjustment will not table a request but will make a decision and that the applicant's recourse then is to go through the courts to obtain the variance or return before the Board of Adjustment one year later. NEW BUSINESS Case ~154 - 719 S.W. 27th Way Address: Owner: Legal Description: 719 S.W. 27th Way Thomas L. & Mariana McCo9rd Lot 12, Block 10, Forest Hills Request ed Variance: Rear yard setback reduction Ray Eney read from the submittal application dated May 30, 1991. The denial was made by Milt Duff on June 10, 1991. The property is presently zoned R1AAA requiring a minimum rear yard setback of 25' The applicant wishes to have a 9'6" setback to allow the - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 placement of a satellite dish, therefore a variance of 15'6" is requested. Secretary Eney read Statement of Special Conditions wherein applicant states that denial of the request would deprive him of enjoyment commonly available to the majority of citizens who have an interest in satellite TV reception. Secretary Eney then read additional communications which had been received regarding the placement of this satellite dish. A let- ter received from Mr. and Mrs. William Grapentine and a phone call received from Ms. Marguerite Tolpo expressed objections to the request. Three letters received from Edward V. Ditmas, Max and Marion Grizzard and Thomas Allen were in favor of granting the request for a variance. Thomas Mc Cord, applicant, spoke in defense of his request. He explained that he became the owner of the property on March 6, 1990 at which time he brought his satellite dish with him. There is no other space available on his property to install the dish and it is well screened, particularly by two 30' trees on the east side of the property. Mr. Mc Cord explained that it would not be possible to move it closer to his home as the operation of the dish would be hindered. When asked by Mr. Uleck why he would want a dish when he could have cable, Mr. McCord replied that he has always been fascinated with the technology of it and it pro- vides many more options than are available on cable. Chairman Thompson noted that the fact sheet showed the applicant had installed the dish without getting a building permit and applied for 'the variance after it was red tagged. Mr. Mc Cord responded that he was unaware of the setback requirement in Boynt on Beach. Mr. Mc Cord related that he has seen other satellite dishes in Boynton Beach; however Chairman Thompson mentioned that he drove around the area to be certain that no one else is enjoying what the applicant would be denied if the Board refused the request for variance and did not see one within 6 or 7 blocks of the applicant's residence. Discussion ensued concerning mounting and sizes of satellite dishes in an effort to determine whether a hardship was created in this ca se. Chairman Thompson asked three times whether anyone else in the audience wished to speak in favor of the request. There was no response. Chairman Thompson asked three times if anyone in the audience wished to speak against the granting of the variance. There was no response. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Discussion ensued concerning mounting and sizes of satellite dishes. Mr. Miriana expressed his opinion that the hardship was created by the property owner himself when he installed the dish without a permit and infringed on the rear yard setback require- ment. Chairman Thompson pointed out that very few property owners in the Forest Hills Subdivision would be able to meet the requirement considering the lot sizes snd therefore he does not feel it would be proper to allow one person in 1,000 to have this enjoyment as granting this request would set a precedent. Chairman Thompson stated that the Board is not based on a majority vote. Any ~three votes against the request can bring about a denial. MOT I ON Ray Eney made a motion that the Board grant Thomas Mc Cord the variance request of 15' 6", seconded by Tom Newton. A roll call vote on the motion was taken by the Recording Secre- tary as follows: Secretary Eney Vice Chairman Miriana Mr. Newton Mr. Haynes Mrs. Solomon Chairman Thompson Mr. UleCk - Aye - Nay - Aye - Aye - Aye - Nay - Nay The motion failed with a vote of 4-3. The request was DENIED. Case ~155 - 4798 N. Congress Avenue Address: Owner: Legal Description: Requested Vsriance: 4798 N. Congress Avenue Lennar Homes, Inc. A portion of Sec 8, Twp 45 South, Rge 43 E Distance requirement reduction (plus an Appeal of an interpretation of a definition) Ray Eney read from the submittal application dated June 3, 1991. The denial was made by A1 Newbold on June 10, 1991. Through a letter of authorization from Stuart A. Miller, Vice President of Lennar Homes, Inc., authorized agents are Charles W. De Santi and Julian Bryan. The property is presently zoned C-3. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Secretary Eney informed the audience of an Appeal from Administrative Determination received from the applicant. The appeal is to a determination that the Farm Store located at the southeast corner of Meadows Way and Hypoluxo Road is a con- venience store and not an "automotive service station" as defined in the Boynton Beach Zoning Code. As a result, the 1000 feet separation requirement would not apply to the distance between the Farm Store and the subject site, and a variance would be unnecessary. Secretary Eney read a memorandum addressing this appeal, said memorandum being written to Chris Cutro, Director of Planning, from James A. Cherof, City Attorney which clarifies the term "service station". (See memorandum attached) Mr. Newbold pointed out that the fact sheet attached to the application reports on an inspection made by Mr. Don Johnson and himself at which time they found evidence to support the defini- tion of an "automotive service station" The response from the applicant in answer to the six criteria questions Ss submitted as part of the record. Due to its lengthiness, it was not read but the applicant was permitted to summarize his points. Secretary Eney advised that the application concerns a Mobil Oil gasoline station to be located at the Southeast corner of Hypoluxo Road and Congress Avenue. The applicant is requesting a distance variance between the gas station site and the Farm Store as Code provides that there shall be a minimum distance of 1,000 feet between the nearest existing gasoline station. Jerry Knight, attorney for Lennar Homes, Inc., explained that he was appearing before the Board on a two-part application. The first part deals with the appeal to an interpretation that the "ga A Farm Store is a soline service station" as defined by code. presentation was made on that issue for the record. In order to determine whether the Farm Store is a gasoline service station, he noted that there is no definition for a gasoline service sta- tion in the code, however he did read the definition for an auto- motive service station in Section 1 of the Code which states the use to be retail sale of gasoline and accessory uses such as the sale of lubricants, etc. His feeling is that the principal use of the Farm Store appears to be the sale of convenience food items with the sale of gasoline or motor fuels being a secondary or accessory use of that property, pointing out that parking is provided for use by customers purchasing food items at the Farm Store. He concluded by saying that the principal use of the pro- posed Mobil Oil gas station would be the sale of gasoline. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Discussion ensued wherein Mr. Newbold stated that the fact remains that since the Farm Store sells gasoline and other lubri- cants, it does fit in the definition of an automotive service station. He further stated that the point should not be made that the Mobile Oil station would be a gasoline service station rather than an automobile service station since the property as presently zone, C-3, does not allow gasoline service stations. Mr. Newbold further pointed out that the Farm Store is not the only structure which relates to the required distance of 1,000 feet; also included are churches, parks and other facilities. Henrietta Solomon and Mr. Newton spoke in support of the deter- mination that the Farm Store be considered a gasoline station. Chairman Thompson asked whether anyone in the audience wished to speak against the appeal. Linda Grub, 6 Redford Drive, voiced her concern as the proposed gas station would be in close proximity to her residence in Boynton Lakes North. She pointed out that the Farm Store has 8 or 10 gas pumps and she believes they are selling food as a con- venience to their gasoline customers. She primarily visits the store to purchase gasoline and feels the Board should determine that the Farm Store is an automobile service station. Arie Heerema, 2915 Hypoluxo Road, Lantana, voiced his concern as he lives across from the parcel of land in question. He pointed out the large number of existing gasoline stations in the area and does not feel another one is needed. He feels the City should not allow another gasoline station at the proposed site as it would create more foot traffic in an area already designated as a high risk. Chairman Thompson asked three times whether anyone else in the audience wished to speak against the appeal. There was no response. Andrew Haynes moved that the Board uphold the determination of the Building official that the Farm Store is an automotive ser- vice station. Jim Miriana seconded the motion. A roll call vote on the motion was taken by the Recording Secretary as follows: Secretary Eney - Aye Vice Chairman Miriana - Aye Mr. Newt on - Aye Mr. Haynes - Aye Mrs. Solomon - Aye Chairman Thompson - Aye Mr. Uleck - Aye The motion carried 7-0. The appeal was DENIED. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Part Two of the application was addressed by Secretary Eney by reading Code 11, Subdivision L which states the distance require- ment of 1,000 feet from another service station, church or recreational facility. He stated that the existing Farm Store is 650 feet from the proposed site, a church is located 710.2 feet northwest of the site and a park is located 547.9 feet southwest of the site. Chairman Thompson asked to hear from those representing the applicant. Joel Gustafson, attorney, introduced Chuck De Santi, developer, Julian Bryan, Planner, and Allen Tinter, Traffic Engineer. He explained that he is seeking a variance from the 1,000 foot distance requirement. He stated that this ordinance was origi- nally passed in 1975 and it was a comprehensive ordinance in con- junction with other zoning changes. He pointed out that what was termed automobile service station many years ago has changed drastically and that today many places serving this function would not fit the definition of auto service with gas in the Code but would probably be put in a shopping center without the distance requirement such as a Jiffy Lube. Julian Bryan, Planner, presented a diagram illustrating a compilation of four Palm Beach County maps delineating the inter- section in question, which shows the existing structures. He stated that the applicant has been before the Technical Review Board concerning setback, parking and driveway locations, landscape requirements, and height of structure which are all in conformance with the zoning district. He spoke of the original intent for the distance requirement being for safety reasons such as gas tanks blowing up which in 1975 occurred more frequently than it does today with current technology being such as it is. Mr. Bryan reiterated that they are asking for a variance from 1,000 feet to 650 feet which is the distance from the east pro- perty line of the Farm Store to the west property line of the proposed site. He pointed out that the access points between the existing Farm Store and the proposed site are significantly further apart than 650 feet but are actually 1180 feet when dri- ven by an automobile'. Julian Bryan, through the use of an official zoning map of the City, identified within the City 18 existing facilities that dispense fuel for vehicles at retail price, 13 of which are east of 1-95. Only four of these facilities presently meet the distance requirement as set forth by Code for a variety of reasons. He made the point that if the Board were to grant the reduction in distance requirement, only two additional existing service stations would meet the requirement if the separation were 650 feet. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Mr. Gustafson made the point that they are not asking for any special privileges and that their variance would not create a situation in the City that would be a degradation. Mr. Tinter, Traffic Engineer, explained that gas stations capture from the existing streams of traffic whereby the proposed site would look to capture from existing and not create additional traffic. Traf.fic volume on that road is over 51,000 cars per day entering the intersection from all four approaches. The site as currently proposed would generate approximately 1610 vehicles per day; not all being new traffic, but rather 510 new vehicles being added. He gave examples of other uses of this property, i.e., a convenience store on this site would have generated 4250 cars per day which would generate 2500 new vehicles per day, or a fast- food restaurant with a drive-in facility would generate 3035 vehicles per day with over 2100 new vehicles per day. A further example was an automotive service facility without gas pumping such as Jiffy Lube which would generate approximately 3400 trips per day of which 1700 trips per day would have been new. Questions of clarification from the Board were posed to those making the presentation for Lennar Homes, Inc. Chairman Thompson asked if anyone wished to speak against granting the variance. Linda Grubb, 6 Redford Drive, asked if she should not have received notification of this hearing. It was explained by the Board that her residence is outside the 400 foot area. She also expressed disbelief at the statement that 1700 cars would go into a Jiffy Lube in one day. Peter Piser of Boynton Lakes spoke in favor of granting the variance request stating that access to the Farm Stores station is limited, that it is not possible to enter from the east side of the shopping center. He feels the proposed site is the right location for a gas station and asked that the Board grant the variance request. Jeanie Pilgrim of Boynton Lakes expressed that she felt threatened by Mr. Gustafson's remark that if he did not receive the variance request, he would move the proposed station further east. She is against the granting of the request for the reason that there is no need for a gas station in that vicinity. Sheila Bernstein, 75 Mayfair Lane, Boynton Lakes pointed out that previously a request had been made for a variance to construct an Exxon station at Woolbright and Congress Avenue. She feels if the variance request before the Board tonight is granted, a lawsuit could be forthcoming concerning the previous request. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1991 Cheryl Rogers, 11 Flint Way, expressed that she too feels threatened by the presentation. She feels the additional cars in the area would create a problem for residents in the area. She is opposed to the granting of a variance. George Christie, 4 Kyle Way, Boynton Lakes, stated that residents in the area use the lakes for boating and fishing. He feels there is a danger of overflow or leaking from the gas tanks into the lakes. He is opposed to the granting of a variance. Chairman Thompson asked three times if anyone else wished to speak against granting a variance. Don Jaeger, Building official, clarified that the proposed shopping center to the east of Congress is one parcel and in order for a gas station to be located on the east side of that parcel, it would be necessary to subdivide that parcel which requires City approval. Chairman Thompson restated the request for variance on distance requirement; discussion ensued among the Board Members. MOTION Vice Chairman Miriani moved that the Board deny the request for a variance of the 1,000 foot distance requirement. The motion was seconded by Mrs. Solomon. A roll call vote on the motion was taken by the Recording Secretary as follows: Secretary Eney - Aye Vice Chairman Miriana - Aye Mr. Newt on - Aye Mr. Haynes - Aye Mrs. Solomon - Aye Chairman Thompson - Aye Mr. Uleck - Aye The motion carried 7-0. The request was DENIED. OTHER BUSINESS Chairman Thompson advised the Board members there is a pending case to come before the Board next month. - 8 - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, i991 AD JOU RNMENT Ray Eney moved to adjourn the meeting at 9:30 P.M. The motion was seconded by james Miriana and the motion carried 7-0. Sam Kontos Recording Secretary (three tapes) - 9 - TO: FROM: SUBJECT: DATE: Chris Cutro, Director of Planning -i-. _/ %" James A. Cherof, City Attorney '~ .... Memo dated March 1, 1991 re: Code Interpret~i0~ Parking Lot Driveways for Service Stations April 2, 1991 You have requested clarification of my memorandum of March 1, 1991. The use of the term ,'Service Station" in that opinion means automotive 'service station as defined in Section"'1 of Appendix A of the Code of Ordinances. Our Code makes no distinction between the traditional service station and the new manifestation of that business, to-wit: the convenience store with gasoline pumps or the kiosk type arrangement with a center structure wherein sales of accessory items takes place. My opinion should be applied to all situations where "any retail sale of gasoline or other motor fuels occurs when accompanied by" either: 1. Accessory uses such as the sale of lubricants, accessories or supplies; 2. The lubrication of motor vehicles; or The minor adjustment or repair of motor vehicles. JAC/lms L/B CUTROMEM cc: Don Jaeger / Vince Finizio Richard Staudinger J. Scott Miller, City Manager