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Minutes 09-10-90MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, SEPTEMBER 10, 1990 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman Thomas Newton, Vice Chairman Raymond Eney, Secretary Patt Tompson Henrietta Solomon, Alternate (Voting) ABSENT Andrew Haynes (Excused) James Miriana (Excused) Ben Uleck (Excused) Herbert Fox, Alternate (Excused) Alfred Newbold, Administrator, Plan Review and Permitting Chairman Thompson called the meeting to order at 7:15 P. M. (The meeting was delayed because three Members had called to say they could not be present. Another Member was to arrive in the area by airplane after 6:00 P. M. Five Members were required to be present.) Chairman Thompson introduced the Members, Mr. Newbold, and the Recording Secretary. APPROVAL OF MINUTES OF JULY 9, 1990 Secretary Eney moved to approve the minutes as presented. Vice Chairman Newton seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS Since only five Members were present, Chairman Thompson said the applicants had a choice of withdrawing until a later - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 date. If the application was read into the minutes, the Board would have no choice but to hear the case. Any five votes would grant a request, and any three votes could deny a request. One person wished to be heard before a case was presented. Chairman Thompson stated he could not grant that request. Chairman Thompson wished to go back to reading the six cri- teria upon which the Board bases its decisions. Mr. Newbold informed him it was the intent of the City's Legal Depart- ment to include the criteria on the application forms to prevent problems. That is why the application forms now have two sheets instead on one. Mrs. Solomon thought the criteria should be-read, and Chairman Thompson read them. CASE ~148 Address: Owner: Legal Description: Request: 728 Casa Loma Boulevard George Culver (Two Georges Marina) Lots 1-6 incl. & the E. 15.35' of Lot 7, Casa Loma Subdivision Reduction in number of parking spaces Secretary Eney read the application and a letter dated August 6, 1990 from Craig Livingston, Architect, Siteworks Architects & Planners, Inc., 118 S. E. 4th Street, Boynton Beach, FL 33435, to Don Jaeger, Building Official. Said letter contained the applicant's answers to the six criteria. Chairman Thompson requested that those people in favor of granting the variance speak first. Mr. Livingston was representing the Two Georges Harbor Hut Restaurant, which is in the Central Business District (CBD) marina area. In May of this year, the Lighthouse Square Marina project (the centerpiece of the marina area) was approved by the City Commission. As part of the approval, the developer is required to improve Casa Loma Boulevard from the west end to the east end, which is the entire length of the marina project to the Two Georges Restaurant on the south side and Mrs. Hall's property. The developer will be paving Casa Loma Boulevard and widening it, so it will be in conformance with the City Codes. Mr. Livingston said a turnaround will be provided at the east end for people traveling east and west on Casa Loma - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 Boulevard. The present configuration of Casa Loma Boulevard is approximately 50 feet across. Cars park angle-wise and cannot turn around. The traffic situation now is not good. It is unsafe. The relocating of the northern portion of the parking along Casa Loma Boulevard an additional 20 feet to the north and widening of the entire throat of Casa Loma Boulevard will allow 90° parking along the entire south side of Casa Loma Boulevard. In other areas, Mr. Livingston stated there are dilapidated buildings that have been there for many years which need to be brought up to Code° In May, the developer of the Light- house Square Marina project wondered whether there would be some way they could get other people in the.building~to improve their properties so there would not be a new project surrounded by the existing buildings in their present state of disrepair. Mr. Livingston met with Mr. Culver and Mrs. Hall to explain the Lighthouse Square Marina project. They have said they now want to fix up their properties and bring them up to Code. Mr. Livingston said Two Georges was built in 1957. Presently, none of the buildings there conform with the existing Codes. Mr. Culver's Two Georges Harbour Hut Restaurant consists of about 100 or 125 seats. Mr. Culver has a drift boat with 43 seats and 21 wet boat slips. People use the slips on holidays or weekends. As part of the restaurant improvements, Mr. Culver wants to bring the electrical service up to Code. Two bathrooms do not meet the handicap Codes and the accessibility standards that were changed in 1990. In order for Mr. Culver to bring the build- ing up to Code, he must comply with the City Codes. Mr. Culver also wants to add 25 seats and install fire stairs to an existing upstairs that has a bar, pool table, and some dining area. The impact to the area would be 70 cars. To bring the entire building up to Code, they must ask for a variance of 65 cars. There are 13 existing parking spaces on Mr. Culver's site, which are set back to the south of the Casa Loma right-of-way. These 13 spaces would be moved to the north, off of Mr. Culver's property, within the Casa Loma right-of-way. The existing 13 spaces will be turned into a park with benches and trees. Mr. Livingston referred to a letter dated August 24, 1990 from James R. Branch, MAI, title holder and trustee for the owners of Ocean Plaza, objecting to the request. Ocean Plaza is an existing shopping center. Mr. Livingston went - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 there at 6:00 P. M., when the big impact from the restaurant would be. He named the businesses in the shopping center. There were 60 spaces in the parking lot that were available for parking~ Only two cars were there at 6:00 P. M. Mr. Livingston did not see how this project would adversely impact Ocean Plaza's parking lot. If he was a retailer there, he would want people there so they would come into his store and buy. Mr. Livingston also went by the Barnett Bank. At 6:45 P. M. there were 6 cars in the parking lot, and 2 were at the drive-in teller windows. ~ne parking lot contains 164 spaces. The Chamber of Commerce building has 141 parking spaces, and only 10 cars were there. Mr. Livingston felt there was too much car space and asphalt in the downtown. He also referred to available parking along both sides of U. S. 1o Mr. Livingston stressed, the need for lights, trees, landscaping, and benches in the area versus asphalt. He stated that crossparking agreements are needed and said he would be willing to go to Barnett Bank, the Chamber of Commerce, and Ocean Plaza and explain that there is no parking problem. Mr. Livingston~said the parking requirements in the CBD should be relaxed. He elaborated about existing buildings and referred to property owners who want to invest money in their buildings. Mr. Livingston wanted relaxation of the Code. The applicant was agreeing to grandfather in an existing condition, which is 58 spaces. Mr. Livingston asked the Board to grant 7 spaces so Mr. Culver could fix up the exterior of the building. He again referred to the empty parking and said people should be encouraged to walk. Mr. Livingston did not think this hardship was fair to Mr. Culver. Mr. Culver has been there since 1957, and the laws were enacted in the 1970s. He has a small property with a viable, ongoing business. The special conditions were not created by Mr. Culver. The Ordinances were enacted by the City and applied to the properties of Mr. Culver, Mrs. Hall, and their neighbors. Mr. Livingston did not think granting the variance would infer any special treat- ment of Mr. Culver. Mrs. Hall, Mr. Culver, and the entire CBD would benefit from it. The Board would be increasing the viability of the downtown and would not be conferring a special interest on anybody. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 Mr. Livingston thought a literal interpretation of this Code was what placed a hardship on the applicant. By the applicant having the ability to come before the Board, he believed the Board could interpret each condition as it applied to the business and grant the variance, so Mr. Culver could proceed to fix up his building. The variance should be warranted. All the applicant was asking for was a 150 seat restaurant, which would give them the ability to make the restaurant a viable business, in addition to the marina going forward. It will focus a lot of attention on the downtown, increase the tax increment financing (TIF), and generate money to the City coffers. Mr. Livingston asked the Board Members to help redo the downtown by granting the variance. He elaborated. Janet Hall, 226 S. E. 1st Avenue, and her husband own a marina. This exact situation exists for them. The differ- erence is they have not progressed enough with their plans to bring them in front of the Commission. Mrs. Hall was in favor of Mr. Livingston's request that the parking situation be given a new look, in light of what he had brought out. However, she understood Chairman Thompson to say any variance granted would not apply to anyone else in the area. Mrs. Hall determined she and her husband would require the same kind of variance. She hoped the Board would be in favor of this and would not oppose progress of the whole downtown area. No one else wished to speak in favor of granting the variance. Chairman Thompson said the Board would hear from those wishing to speak against granting of the variance. Harry B. Stein, President of Coastal Towers Condominium Apartments, 760 East Ocean Avenue, represented over 200 residents. He told of problems they have had with parking, especially on weekends, because of the Banana Boat. The overflow parking came into the condominium's parking places, and the condominium has to put chains on each of its Ocean Avenue entrances every weekend. Mr. Stein said the new marina project will impact on traffic, and the condominium anticipates greater problems. Mr. Stein's examination of the records revealed Two Georges Harbor Hut Restaurant was a 50 seat restaurant when the zoning went into effect in 1975. The records showed an application was filed to enlarge this restaurant to a 150 seat restaurant, and it was turned down by the BOA on November 28, 1977. There was no further ~action on it until now. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 Mr. Stein said once the zoning regulations were passed, if Mr. Culver wished to make changes to his restaurant, he should have conformed to the Code and obtained a variance from the BOA. Mr. Stein did not see 13 parking spaces for this project. He saw 3 or 4. Mr. Stein emphasized this was a financial hardship. He thought Mr. Culver was aware of what was required, and Mr. Culver should have purchased or leased other property in the immediate area. Mr. Stein distributed to each Board Member a copy of a letter dated November 18, 1977, written by Gene Moore, City Attorney at that time. A copy of said letter is attached to these minutes as "Addendum A". Referring to paragraph "F" of the criteria, Mr. Stein thought granting of the variance would be detrimental to the public welfare because of an overflow of traffic. Coastal Towers' situation would become rather intense. Mr. Stein said the regulations as to parking were passed to eliminate on-street parking, require commercial establishments to pro- vide parking for its patrons, and to alleviate t~raffic problems. The criteria mentioned did not seem to be in line with what was happening here. Mr. Stein said to grant a variance in a case such as this (where the property shows absolutely no parking spaces) would make a mockery of the parking space requirements set forth in the law and would cause the public to lose con- fidence in its laws and its City officials. Mr. Stein pointed out that the applicant created this problem. This application failed in 1977, and no new reasons or changes in conditions were presented. Mr. Stein felt the request should be denied. Charles Rodriquez, 720 East Ocean Avenue, explained how the City has directed a lot of attention to this area. If the area is to be totally planned for improvement, he felt the availability of parking should be addressed before variances are given which would worsen the situation. Mr. Rodriquez thought Mrs. Hall made a good point, when she indicated this could be the first of other applications. If this was to be approved professionally and addressed totally, Mr. Rodriquez did not think it was appropriate to place the burden on the BOA to make exceptions. He suggested that the Board hold the application in abeyance until a master plan approach could be made. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 No one else wished to speak against 'the granting of the variance. Secretary Eney read the letter from James R. Branch, MAI, Associated Appraisers & Consultants Inc., 11211 Prosperity Farms Road, Suite 202B, Palm Beach Gardens, FL 33410, which Mr. Livingston had referred to. The letter stated if such a request was granted, the overflow parking would logi- cally have to spill over onto adjoining properties in that there will be no other place for increased customer traffic to park. Mr. Branch further wrote that one of the most important factors in considering commercial construction or additions is the availability of adequate parking. Mr. Livingston wished to respond to Mr. Stein because he had not seen the letter from Gene Moore, Attorney at Law. He noted the letter, written 13 years ago, referred to tear- ing down Mr. Culver's building and replacing it with a new one. Mr. Livingston said the existing building will remain "as is", and they are utilizing an existing deck area. They are not adding any building area. Mr. Livingston quoted the last paragraph of Mr. Moore's letter (Addendum A) and said the Lighthouse Square Marina developer has a lease agreement, which was approved by the City Commission approximately 21 days ago for the benefit of Mr. Culver, that will lease the spaces. There will be 24 surplus spaces, as part of the new marina project. Provided in the lease agreement with the City will be 50 spaces for Casa Loma parking spaces. There will be 262 spaces within the marina. Chairman Thompson responded the Board could not consider anything that was not before them. It has to be in writing to the Board. Chair- man Thompson had no knowledge of the City's lease agreement. Since the new Parking Code, Chairman Thompson said this has been a problem. He said the Board could not make a decision based on Mr. Livingston's statements about going to various parking lots. If there was a lease agreement, it should have been in front of the Board. Chairman Thompson was on the Board in 1977 and recalled the applicant's request and the Board's action at that time. Mrs. Solomon stated there was nothing to stop Ocean Plaza and others from putting up chains as Coastal Towers did. She did not know how there could be a good situation without parking. Mr. Newton felt to use parking in another shopping center would lead to problems. He was concerned about safety. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 Mr. Eney asked what the nature of adding to a non-conforming structure was. Although nothing was before the Board, Mr. Newbold said two proposed plans had been denied. One was denied last week. On that drawing, it was proposed to increase the restaurant--to a 150 seat restaurant. Mr. Newbold referred the Members to their packets and explained. He pointed out the City was using Mr. Livingston's figures, and he explained how the required parking was figured. Because of being in the CBD, the parking was cut down to 65 spaces. Mr. Newbold confirmed there are~presently 13 spaces. Mr. Eney could not see how Mr. Culver could justify the granting of a variance. Mr. Newbold said the 13 parking spaces on the site are not adequate for the business Mr. Culver now has. Ms. Tompson wanted to see the downtown redeveloped, but she thought Chairman Thompson's point about having proper documentation was well taken. Chairman Thompson replied that possibly, in the future, the City will have a blanket over the whole area. The site does not meet Code now, and to add to it would be unbelievable. Chairman Thompson denied Mr. Livingston's request to speak again. Mrs. Solomon thought this was too much to be requested. Chairman Thompson thought the problem should have been corrected years ago. If the request was denied, the Board would not be denying anyone the use of their business. Mrs. Solomon moved to deny the request because she did not feel the Board was ready to add to a problem. In no way would they be helping the City or anyone by granting the request. Mr. Eney seconded the motion. Chairman Thompson expt. ained an "AYe" vote would mean the ~embers were denying the request, and a "Nay" vote would Indicate they were granting the request. A roll call vote on the motion was taken by the Recording Secretary as follows: Secretary Eney - Aye Pat Tompson - Aye Mrs. Solomon - Aye Vice Chairman Newton - Aye Chairman Thompson - Aye The vote was 5-0. The request was DENIED. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 THE BOARD TOOK A BREAK AT 8:15 P. M. 8:20P. M. The meeting resumed at CASE ~149 Address: Owner: Legal Description: Proposed Use: Request: 1480 S. W. 30th Street and 3030 S. W. 13th Place VRT Corp. A parcel of land lying in the W½ of the NW~ of Sec. 5, Twp. 46 S., Range 43 E., Palm Beach County, FL Containing 1.458 acres, more or less Change of Occupancy (MANUFACTURING) 51 parking spaces required & 42 parking spaces provided; therefore, variance of 9 parking spaces requested Secretary Eney read the application and the applicant's responses to the six criteria. He further read a letter from James E. Clancy, Counselor at Law, 1Batterymarch Park, Quincy, Mass. 02169, authorizing Efram Pesyna to act as VRT Corp.'s representative. Mr. Eney advised documenta- tion was submitted that indicated the applicant attempted to purchase additional property from Bowman Transportation in June of 1990, but the applicant's offer was refused. Chairman Thompson requested that those, people in favor of granting the variance speak first. Efrem J. Pesyna, Vice President and General Manager, Vita Spring Water Company, representing VRT Corporation, 3030 S. W. 13th Place, Boynton Beach, FL, stated that due to the necessity of the operation of the Vita Spring Water Company, they find it necessary to have a ramp to facilitate their operational needs. The building was licensed by the City as manufacturing. With the addition of the ramp, they will lose 2 parking places in front of the northeast corner of their building. By refiguring the parking area, Mr. Pesyna stated he can maintain the 42 parking spaces but because of the Code, they must have 51 parking spaces. They offered the fair market price to Bowman Transportation for additional land, but Bowman did not want to break up their property. Mr. Pesyna asked for a variance to allow them to maintain the initial 42 places and a variance of 7 spaces they could use for parking in front of the loading bays. That would increase their total area to 49, which would be 2 short of the required Code. - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 Ms. Tompson asked if the applicant was the sole tenant of the building. Mr. Pesyna replied they are joined in the building by the Roberts Group. He explained the use of the bays by Roberts Group and the applicant. No one else wished to speak in favor of granting the variance, and no one wished to speak against granting the variance. There were no communications. Mr. Pesyna informed Mrs. Solomon that most of the employees are outside sales people. There are three warehouse people, a Vice President, Receptionist, and two Secretaries in VRT's office. His company has numerous outside people and six people in the office. The parking lot was paved and striped in the 1970s, before the Code was changed for the width of parking spaces. Mr. Pesyna repeated prior statements. Mr. Pesyna told Mr. Eney the water is in five gallon containers. In response to a question from Ms. Tompson, he explained the square footage of the building and how the 51 required parking spaces was arrived at. Even though the whole warehouse will be classified as manufacturing, Mr. .Pesyna stressed that most of it is a warehouse. The manu- facturing aspect of it only controls about 800 square feet of warehouse space. Ms. Tompson was concerned about cars parked in front of the loading bays, which will have to be moved when a truck comes in. If the Board would grant a variance for the 42 spaces he has and deny parking in front of the loading bays, Mr. Pesyna said he will have gained nothing and lost nothing. He pointed out there is extra space there and no need for anyone to park on the streets because he is maintaining the initial 42 parking spaces. The 7 parking spaces in front of the warehouse storage, which Mr. Pesyna mentioned, were not included in the 42 parking spaces. Mrs. Solomon asked how many parking spaces are used every day. Mr. Pesyna estimated 20 or 25. He added that they are not bringing in more employees; they are just adding a ramp and installing new tanks. The footprint of the building will not be changed. Chairman Thompson determined the building was built in the last few years. Mr. Newbold thought the building was origi- nally built for a warehouse. He confirmed Mr. Pesyna's prior statement that part of the building is used for storage and distribution. Mr. Pesyna interjected that the - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1990 cosmetology manufacturing was shown on the original blue- prints. He told Ms. Tompson they passed the environmental review but have been held up by the TRB since June, 1990 because of a lack of parking places. They have adhered to everything except the parking places. Mr. Pesyna elaborated on what they have done to make the building look nice. Chairman Thompson said the applicant was asking for a minimum of 42 spaces, which would not create a problem. Each case is based on its merit. This case was not like the previous case. Chairman Thompson noted there was a big improvement in the property, and he did not think the nine parking spaces would make that much difference. Vice Chairman Newton believed parking would be available at all times during the day. Mr. Eney felt the ~a~plicant showed good intentions by attempting to purchase additional land. He was in favor of granting the variance. Chairman Thompson pointed out that all warehouse type of businesses are there. There are not many spaces in the City where manufacturng can be done. Ms. Tompson moved to grant the request for a variance, seconded by Mrs. Solomon. A roll call vote was taken on the motion by the Recording Secretary as follows: Ms. Tompson - Aye Mrs. Solomon - Aye Vice Chairman Newton - Aye Chairman Thompson - Aye Secretary Eney - Aye Motion carried 5-0. NEXT MEETING After diScussion, it was decided if an application is received, the next meeting of the Board will be Thursday, November 15, 1990 because Veterans' Day will be observed Monday, November 12, 1990. ADJOURNMENT The meeting ~~ly adjourned at Patricia Ramseyer // Recording Secretary ~/ (Two Tapes) ~J 8:30 P. M. - 11 - GENE MOORE LAWYER SUITE 18, OCEAN PLAZA e40 EAST OCEAN AVENUE BOYNToN BEACH. FLORIDA 33435 TELEPHONE ~305) ?:~4-2424 NIAILINO ADDRESS: p. O. BOX November 18, 1977 Edgar E. Howell, Building Official City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Re: George Culver / Two Georges Pursuant to your request, I have reviewed actions taken by the Board of Adjustment in connection with the above master. It would appear that the intent of th~ variance granted by the Board to Mr. Culver to tear dgwn and rebuild the building in question on December 13, 1976/carried with it a requirement that the parking problem be resolved in connection with the rebuilding plan. The fact that the final action taken by the Board was to deny the parking variance would appear to result in their original action being also nullified. If the Board, in fact, intended for the additional parkinq requirement not to be interlocked with the original varianc~ authorizing d--em~lition and re- constructi.on of subject building, Mr. 'Culver would be faced with the end result of. not being allowed to utilize the rebuilt building for i'ts intented purpose, inasmuch as the City could not issue an occupational license to him without the required parking spaces being available, or the Board ultimately granting a variance to reduce required parking spaces. .One solutiOn might be for Mr. Culver to purchase or lease ad- ditional required parking spaces in the immediate area pursuant to the terms of our Ordinances. In the meantime, unless the Board of Adjustment desires to clarify its position that'it did not intend for the original variance to be interlocked with the parking requirement, it would appear .that the existing building permit should be voided. ./'~ ' GENE MOORE~ /-" City Attorney GM :~m Derle Bailey, Chairman Board of Adjustment