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Minutes 06-10-91MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN CONFERENCE ROOM C - WEST WING - 2ND FLOOR i00 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON MONDAY, JUNE 10, 1991 AT 7:00 P.M. PRESENT Vernon Thompson, Chairman Thomas Newton, Vice Chairman Raymond Eney, Secretary Andrew Haynes James Miriana Henrietta Solomon Paul Slavin, Alternate (Voting) ABSENT Kevin Michael Clair Ben Uleck (excused) Alfred Newbold, Deputy Bldg. official Chairman Vernon Thompson called the meeting to order at 7:00 p.m. and introduced the Board members and the Recording Secretary. He acknowledged the presence of Former Mayor Ralph Marchese, Commissioner Lynne Matson, Vice Mayor Ed Harmening, Former Mayor Carl Zimmerman, Commissioner Jose Aguila, Mr. Blanchette, City Attorney James Cherof and Mr. A1 Newbold from the Building Department. APPROVAL OF MINUTES OF MAY_ 13, 1991 Henrietta Solomon made a motion to accept the minutes as received which was seconded by Ray Eney. The motion carried 7-0. ANNOUNCEMENTS None COMMUNICATIONS Chairman Thompson read a letter dated June 5th from Mr. Martin Perry requesting a rehearing of Case ~91011 regarding variance proceedings from the previous meeting. The City Attorney explained that the Board has the power to recon- sider this request as long as it falls' within the time period before one of the parties needs to appeal within thirty days. He explained that the Board would not have to rehear this matter at this meeting, but had the option to decide whether or not to rehear this case at the future meeting. Chairman Thompson asked Mr. Perry to speak on behalf of Exxon. JUNE 10, 1991 MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA Mr. Perry explained his two reasons for the request for a rehearing of the variance as follows: 1. It is the Board of Adjustment's responsibility to decide whether or not a variance can be granted. He felt that discussions at the previous meeting focused on traffic, hours of operation and other items that were not the proper basis on which to base a judgment. The issue was whether or not the 1,000' separation between stations should be waived based upon the application and not the other items which were discussed. 2. He also discussed the rule of 1,000' between gas sta- tions. He stated that the City of Boynton Beach has waived this requirement at least three times in the past and in at least one instance, a policy decision was made waiving the requirement at major intersections. He pointed out that in this instance, a major intersection is involved. He also pointed out that other factors to be considered are the population living South of Woolbright Road who are being forced to drive long distances for a gas station. It was his opinion that it would suit the best interest of the residents of Boynton Beach to grant this variance. Chairman Thompson asked the members to discuss this matter again. After much discussion, it was agreed by all of the members who voted to deny at the last meeting, that the reason for denial was based strictly on the fact that it did not meet the 1,000' requirement. Paul Slavin made a motion to deny a rehearing of this case which was seconded by Henrietta Solomon. The reason for seconding the motion is that she felt what transpired at the prior meeting was proper and there appears to be no other choice but to deny. The motion carried 6 yes 1 abstain (Andrew Haynes). NEW BUSINESS Case ~152 - 2214 South Seacrest Boulevard Julie and Susan L. Monahan Side yard setback reduction Ray Eney read from the submittal application dated May 6, 1991. The denial was made by Milt Duff on May 8, 1991. This C-1 property abuts an R-2 residential district requiring a minimum of a 30' side yard setback. The site has a 10' side yard setback, therefore, a variance of 20'is required. The applicant is requesting this variance on the condition of hardship due to the size and shape of the land. MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 10, 1991 Mr. Harold Blanchette spoke in favor of this case. He explained that they have been allowed to use this building which is currently 6 or 7 feet from the property line and their request is to move it back. Mr. Newbold asked that the record show that a site plan was submitted. The Board reviewed the site plan. Mr. Blanchette explained that the present building is not adequate and will not pass HRS code. Henrietta Solomon asked about the new spacing and mentioned that it appears the amount of space in the proposed building would be the same as the old. Mr. Blanchette explained that the space would be the same but would be utilized dif- ferently. Day Care Center Director Suzanne Cummings of 717 Shore Drive also spoke about the present building not being large enough to satisfy HRS code. It was her opinion that the current building could not be used. A new building would be constructed if a variance is granted. Some of 'the playgr~ound area would be incorporated into the new building. Henrietta Solomon asked Mr. Newbold about safety hazards. He pointed out that the new structure would pose no addi- tional safety hazards. Mr. Ralph Valarella of 2210 SE 1st Street, who represented twelve neighbors, voiced concerns regarding this new structure. He and neighbors were concerned with whether this new structure would be one or two floors. He was advised that the building would be one floor. Some of his concerns regarding play area were not an issue of the Board and he was advised that the building as currently proposed meets all code requirements. There were concerns regarding the entrances to be used and he was advised by Ms. Cummings that there would be no entrance on Seacrest Boulevard as requested previously by the residents. Questions were raised regarding landscaping and he was assured that landscaping would be in place. There will be a six foot wall around three sides of the building with a chain link fence on the north side. Mr. Valarella requested that the chain link fence be replaced with a concrete wall for safety of the children. The Day Care Center would prefer a concrete wall, but the chain link fence meets code and an appeal must be made to the Building Department with regard to the addition of a fourth concrete wall. A letter in opposition of granting the variance was received from Daniel and Joyce Burden which was read at the meeting. Chairman Thompson asked the Board to discuss this matter. After much discussion by the members, it was agreed that there is hardship caused by the fact that this property has two zones. It was also felt that the granting of this variance would improve the property. 3 JUNE 10, 1991 MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA Henrietta Solomon made a motion that the variance of 20' be granted to the Day Care Center which was seconded by James Miriana. The motion carried 7-0. 2. Case %153 - 2240 S.W. 15th Avenue Sunburst Properties Investment, Inc. Front property setback reduction for sign Ray Eney read from the submittal application dated May 6, 1991 requesting an 8' variance. The property is currently zoned C-3 and was formerly zone R-1AA. This application was denied by Milt Duff. Signs must have a minimum setback of 10'. The applicant wishes a setback of 2'. Lillian Mirabito, 2240 S.W. 15th Avenue, spoke in favor of this request for a variance. Ms. Mirabito explained that the sign, as proposed, can fit within the footage but would be aesthetically more pleasant if the variance was granted. It was her feeling that hardship should be considered since the building is placed so close to Woolbright Road. Mr. Newbold explained that a new sign ordinance was approved four months ago and requirements are quite specific. He distributed a copy of the new ordinance. He also explained that the sign as proposed can fit within the 29' and meet code. She explained that they purchased the building one year ago and are attempting to make it more appealing. The sign will consist of the address of the building and a list of the names of the tenants. She also pointed out that she had invested $10,000 in landscaping which will have to be replaced if the variance is not granted. Chairman Thompson questioned why this building had not been "grandfathered" in since this ordinance is only four months old. Mr. Newbold explained that they had already received approval for a sign but did not act on the approval. Don Jaeger of the Building Department explained that the building had site plan approval to put in the other sign, but with the new ordinance now in place, the Building Department cannot issue a permit for a sign which does not comply with the ordinance. Allen McCarty spoke in favor of granting the variance. Although he agreed that the sign could be placed within the parameters allowed, it would be so close to the building that it would not be in the City's best interest. Mr. Newbold again stressed that according to the ordinance requirements, the Board of Adjustment can grant a variance if the shape of the property prohibits proper signing. In his opinion, the sign can fit within the 29' and meet code with no hardship. 4 MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 10, 1991 In discussions that followed, Paul Slavin feels there is hardship since the property was purchased in December, 1989 and the new owners might not have been aware of this ordi- nance. Andrew Haynes feels that this building has had so many problems in the past and if it were going to improve the look of the building, the City would only be harming itself by not granting the variance. Henrietta Solomon stated that Mr. Newbold had clarified this case so that it is clear that there is no hardship. Chairman Thompson stated that he is against granting a variance. James Miriana stated that the sign can be installed and still meet the 10' setback which proves there is no hardship. James Miriana made a motion to deny the request for the variance on the setback which was seconded by Thomas Newton. The motion carried 5-2 against granting the variance. OTHER BUSINESS Chairman Thompson advised the Board members that there may be a case before the Board on July 8, 1991. ADJOURNMENT Ray Eney made a motion to adjourn the meeting at 8:40 p.m. which was seconded by James Miriana. The motion carried 7-0. Janet M. Prainito Recording Secretary (two tapes) 5