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Minutes 05-13-91MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MAY 13, 1991 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman Thomas Newton, Vice Chairman Raymond Eney, Secretary James Miriana Ben Uleck Henrietta Solomon Paul Slavin, Alternate (Voting) Alfred Newbold, Deputy Bldg. Official ABSENT Andrew Haynes (excused) Kevin Michael Clair Chairman Thompson called the meeting to order at 7:03 P.M. and introduced the Members, Mr. Newbold and the Recording Secretary. He recognized the presence in the audience of Former Mayor Carl Zimmerman and former Mayor Ralph Marchese. APPROVAL OF MINUTES Mrs. Solomon moved to approve the Minutes as presented. Eney seconded the motion, and the motion carried 7-0. Mr. ANNOUNCEMENTS Non e. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS CASE %151 Address: Owner: Legal Description: Requested Variance: 1610 South Congress Avenue Westlake Hardware, Inc. (Lonestar Hardware) A parcel of land in Section 32, Township 45 South, Range 43 East Reduction in number of feet between Service Stations Chairman Thompson informed the audience that the Board is not based on a majority. Any three votes against the - 1 - MINUTES - BOARD OF ADJUSTMENT MAY 13, 1991 BOYNTON BEACH, FLORIDA request can deny the request. Chairman Thompson said the Members review the property and then base their decisions on the six criteria, which he read. Secretary Eney read the Application which was submitted on April 8, 1991. This site is presently zoned C-3 and was formerly zoned R-3. This is a 1.0002 acre site located on the southeast corner of Congress Avenue and S. W. 15th Avenue. Permit 95635 was issued April 7, 1972 to construct a commercial building, formerly known as Lindsley Lumber. Automotive service stations without major repairs (car washing included as an accessory use) are permitted, provided that the site is developed in accordance with Section ll.L. One of the eight requirements of Section ll.L is that there be a minimum distance of 1,000 feet between the nearest pro- perty line of the lot or plot of land upon which the pro- posed service station is to be constructed and the nearest property line of a lot or plot of land upon which any other gasoline service station, church, public playground, hospi- tal, public school or other similar public or semipublic place where large numbers of people congregate is located. Since a service station was permitted on the northwest corner of South Congress Avenue and S. W. 15th Avenue on April 20, 1981 and is approximately 200 feet from the pro- posed site, the owner has requested relief from Appendix A-zoning, Section ll.L.(1). Daniel Shalloway Shalloway, Foy, Rayman & Newell, Inc., Engineers, Planners, Surveyors, '1201 Belvedere Road, West Palm Beach, representing the owner, stated that the project meets all code requirements, except the one requiring 1,000 feet between service stations. This is the only variance being requested. Exxon is interested in constructing a ser- vice station on the property. A map was shown to the Board locating other service stations in the area. Mr. Shalloway stated that this gas station will not cause any traffic problems and will not create a safety or public health problem. It will be nicely landscaped and well lit. He pointed out that Woolbright will be widened within the next 5 years and will be a major artery leading to 1-95. The alternative is basically to leave an empty building on the site since the owner cannot locate a tenant, which is creating a financial burden on him. Mr. Uleck questioned the exact location of the property and wanted to know if it extended all the way down to the Bank property. Mr. Shalloway said that it did. Mr. Shalloway also indicated to Mr. Uleck that the Lindsley Lumber building will be demolished when the proposed service sta- tion is constructed. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1991 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 if anyone in the audience wished tp speak against the granting of the variance. Mr. W. J. Lynch, President of Boynton Leisureville Association, 1912 S. W. 16th Avenue, Boynton Beach, stated that the pro- posed service station could present a traffic problem. He said the City put in the 1,000 feet buffer zone for a good reason, otherwise we are going to have too many gas sta- tions. He does not feel the community wants this. Mr. Lynch requested that the Board stick to the Code requiring 1,000 feet between service stations. Mr. Ralph Marchese, 1901 ROma Way, Boynton Beach, stated that the City Fathers passed the Code requiring 1,000 feet between service stations to preclude appearances such as in Ft. Lauderdale, Miami Beach, etc. Since there is residen- tial property along Congress Avenue, it would not be in keeping with the tenure of the community. Mr. Marchese respectfully solicited the Board's cooperation in rejecting this request for a variance. Mr. H. A. Spies, 1318 S. W. 24th Street, Boynton Beach, a resident of Leisureville, was not in favor of the variance, but wanted further information. He would like to be advised of the size of the building and property, how many bays are proposed, is there car storage, and any high signs. He did not see the necessity of another service station in that area and does not think the City of Boynton Beach is required to come to the rescue of a troubled property owner. He is concerned about loud noises and concurs with the traf- fic problem that will be created. He requested the Board to consider the air-pollution and noise pollution that will also be created. Mr. Joseph Wolster, 1704 S. W. 22nd Avenue, Boynton Beach stated there have been a number of accidents in this loca- tion and it is a very hazardous spot. Chairman Thompson asked Mr. Newbold if there is a concern to the Board as to the size of that station. Mr. Newbold indi- cated that they are going through the site plan process and all the plans, etc. are not available. Chairman Thompson asked Mr. Shalloway to describe the type of service station being proposed. Mr. Shalloway indicated there would-be gas pumps, a very small building in the center to sell small convenience items, and a car wash in the rear. There will be not heavy repairs. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 199l Chairman Thompson wanted to know if there was a closing time limit on service stations. Mr. Newbold stated that any ser- vice station can stay open at night, but would be required to meet certain requirements under the Ordinance. There is no control on how late it can be open. Mr. Miriana asked if there were any plans for a beer license. Mr. Richard Ferrion, property owner, said the con- venience store would be selling beer. Chairman Thompson stated that the present building is an eye sore. He cannot let the traffic pattern influence his deci- sion, since similar conditions exist throughout Boynton Beach. He said that he does not see any stations that he truly disapproves of. He felt it would be a hardship on the property to disallow this use and we need to look at the whole picture, what is going to better suit the people of the area. Something will be built on that property, possibly several small convenience stores. Is that a viable alternative? Mrs. Solomon stated she can see no reason to break the Code. The objective should be to keep the City Codes as much as possible, and she does not want to see a service station on every corner. Mr. Miriana indicated he wouldn't be partial to seeing another gas station selling beer and gas on that corner, since there is a lot of noise already being created by the Mobil station. Secretary Eney felt that the gas station would not be that objectionable, and he would go along with the service sta- tion on this site. He felt that Westlake Hardware was not a great attraction to the area. Mr. Slavin told about a similar case. Vice Chairman Newton questioned if this would set a prece- dent if the variance was granted. Chairman Thompson said each variance has to be considered on its own merits, as a separate case. Secretary Eney read into the record two communications received by the Board relative to the variance. Chairman Thompson asked if anyone else wished to speak against granting the variance. There was no response, and THE PUBLIC HEARING WAS CLOSED. MOTION Mr. Uleck made a motion to deny the request for a Variance, seconded by Mr. Miriana. - 4 - MINUTES - BOARD OF ADJUSTMENT MAY 13, 1991 BOYNTON BEACH, FLORIDA Chairman Thompson explained an "Aye" vote would be to deny the request. A "Nay" vote would be in favor of the request. A roll call vote on the motion was taken by the Recording Secretary as follows: Vice Chairman Newton - Aye Mr. Slavan - Aye Mr. Miriana Aye Chairman Thompson - Nay Secretary Eney - Nay Mrs. Solomon - Aye Mr. Uleck - Aye Motion carried 5-2. The request was DENIED. Pending request for future meeting - June 10, 1991 - Case #152 Mr. Newbold said there is a pending Application to come before the Board at the next meeting regarding a Variance for a sign. He will provide a copy of the Application to the Board members. OTHER BUSINESS Board Member Elections Mrs. Solomon made a motion to re-elect Mr. Thompson as Chairman. The motion carried 7-0. Mr. Slavin made a motion that all members of the office be maintained. Secretary Eney wanted this motion denied since some members would not like to continue. The motion was DENIED. A motion was made by Mrs. Solomon nominating Mr. Miriana as Vice Chairman. Secretary Eney made a motion to nominate Mr. Newton as Vice Chairman. A roll call vote was taken by the Recording Secretary as follows: Board Member Vote Fo~ Mr. Slavin Mr. Newton Mr. Miriana Mr. Thompson Mr. Eney Mrs. Solomon Mr. Uleck Mr. Newton Mr. Newton Mr. Miriana Mr. Miriana Mr. Newton Mr. Miriana Mr. Miriana The motion carried 4-3 in favor of Mr. Miriana. Mrs. Solomon made a motion to elect Mr. Eney as Board Secretary, seconded by Mr. Uleck. The motion carried 7-0. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1991 ADJOURNMENT Secretary Eney moved, seconded by Mrs. Solomon to adjourn. Motion carried 7-0, and the meeting properly adjourned at 8:25 P.M. June Coenen Recording Secretary (Two tapes) - 6 -