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Minutes 07-09-90MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 9, 1990 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman Thomas Newton, Vice Chairman Raymond Eney, Secretary James Miriana Patt Tompson Ben Uleck Henrietta Solomon, Alternate (Voting) ABSENT Herbert Fox, Alternate (Excused) Alfred Newbold, Administrator, Plan Review and Permitting Chairman Thompson called the meeting to order at 7:00 P. M. and introduced Mr. Newbold, the Members of the Board, and the Recording Secretary. He recognized the presence in the audience of George Mearns, former Member of the Board. APPROVAL OF MINUTES Mrs. Solomon moved to approve the Minutes of June 11, 1990 as presented. Mr. Eney seconded the motion, and the motion motion carried 5-0. (Vernon Thompson abstained from voting and Ms. Tompson had not yet arrived at the meeting.) ANNOUNCEMENTS Chairman Thompson announced that Mr. Stuart had resigned from the Board. NEW BUSINESS Since Ms. Tompson had not arrived at the meeting, Chairman Thompson apprised the applicants there could be a tie vote and he gave them the option to withdraw their application or to be heard. If the application was withdrawn, it would be heard the following month. Chairman Thompson stated the only thing the Board should concern itself with tonight was the setback. Secretary Eney pointed out that the Building Department revised the applications, and the six criteria upon which the Members judge a case are now printed on page 1 of the applications. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 9, 1990 CASE 9147 Address: 1770 N. E. 4th Street Legal Description: Lots 20 to 26 inclusive, Sec. 15, Sam Brown Jr.'s Hypoluxo Subdivision Owner: Hamlet Joint Venture Proposed Use: Day Care Center Request: Rear yard setback of 40' is required. Applicant wishes to have a 20' rear setback; therefore, a 20' variance is requested. Ms. Tompson entered the meeting, and Chairman Thompson announced there was now a full Board. He informed the applicants five votes would be needed to approve the application. Mark D. Burton, AIA, Slattery & Root Architects, 2101N. W. 2nd Avenue, Boca Raton, FL 33431, reiterated the comments contained in his letter of May 22, 1990. A copy of said letter is attached to these minutes as Addendum A. There was discussion about the surrounding area. Chairman Thompson noted the applicant was asking for roughly 800 square feet. It looked like 40 feet across and 20 feet to the line, and he was curious to find out why the building had to go in the setback. Instead of having a square building, Chairman Thompson felt they could have a rectangu- lar building. Mr. Burton responded the major classroom would be too long and narrow. He informed Chairman Thompson it would not be 20 feet wide, and he explained. Mr. Burton said the points of the "T" are where the bath- rooms for the children are. If the applicant would do what Chairman Thompson was saying, they could not have the shared bathrooms. They would have to put in more bathrooms, which would take more space and add an economic hardship on the developer. This design is better because the bathrooms are located between two classrooms and can be shared. Mr. Burton explained to Mrs. Solomon that by having the meeting area in the center of the building, one age group would not have to traverse through another age group's classroom just to go to the bathroom, etc. Mrs. Solomon thought the building should be designed differently. The - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 9, 1990 kids will be in a narrow playground in the back of the building, and they will be upsetting an entire neighborhood of people who have lived there peacefully until now. Mr. Burton argued 20 feet will not keep out noise and referred to space requirements for different age groups. Vice Chairman Newton questioned how many kids would be in the playground area at one time. Mr. Burton felt they would probably have it staggered, but there could be a possibility that all 150 children could be there at one time. He did not want to say that as a definite statement. Mr. Burton informed Ms. Tompson they are putting in a chain link fence around the playground area, which will be landscaped. Chairman Thompson felt this was a self-imposed hardship. He would have to see that this was the only way the building could be put on the land. Mr. Burton explained the play- ground is large because it will be physically segregated, depending on the age of the children. The equipment has to be separate. Two year olds cannot climb on equipmnent for five year olds. Jay Felner, President, Felner Construction, Inc., 4723 W. Atlantic Avenue, Bay 9, Delray Beach, FL 33445, said they want to make the day care center available to the community, not just to the people who live inside the walled community of their building. They are trying to utilize this property, which is on the opposite side of the street. If they can get the se~tback, it will work because they will be across from the main entrance of the apartment complex. Chairman Thompson asked whether anyone else wished to speak in favor of granting the request. There was no response. Chairman Thompson asked if anyone wanted to speak against granting the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mrs. Solomon thought if the design was changed, it would not deprive the applicants from having a day care center. It would not be correct for the Board to grant the variance because the plan could be remedied to conform with the City's Code. Mr. Eney drew attention to paragraph F in Mr. Burton's letter, and he read the last paragraph in the letter. (See - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 9, 1990 page 2 of Addendum A attached.) Considering what it backs up on, Mr. Eney could not see why the variance could not be granted. Mr. Miriana commented it was hard to visualize the building when the Members did not have an actual layout plan. How- ever, he had no objection to it and felt it would be an asset to the surrounding area. Mr. Burton told Ms. Tompson if the plan does not get past this Board, it will not get any further. Mr. Felner inter- jected that they met with all of the neighbors, and there were no objections to it. Chairman Thompson reiterated that no hardship was placed on the applicants by the City because there is enough land there for them to do anything they want to. The Board was not denying the applicant's request to put a day care center there. Chairman Thompson read paragraphs 5A and 5B from the application, which are two of the criteria the Members base their decisions on. Referring to paragraph B, he emphasized the special conditions and circumstances did result from the actions of the applicant. Chairman Thompson also read para- graph C and pointed out the granting of the variance requested would be a special privilege. He stated the appli- cant was asking for three special conditions the Members base their judgments upon. Chairman Thompson did not think the variance was needed. Mr. Burton showed designs that would not work because, as part of the agreement, the City is requiring the applicant to give the City a lift station site. They have a hardship because they lost a portion of their property on the south side. The applicant has not asked for any variances on its parking spaces. Mr. Burton expounded and also referred to HRS requirements. He further showed how redesigning the building could cause them to lose part of the playground. Chairman Thompson felt their land was probably bigger than the land of any other day care centers in Boynton Beach. After discussion, Mr. Felner informed Ms. Tompson the day care center will be tailored for the needs of the affordable housing community. Mr. Felner elaborated, and he showed on the overlay the area where the variance would occur. Chairman Thompson reminded the Members there would be no assurance the day care center would not be operated by - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 9, 1990 another group five years from now. He repeated the criteria and stated it looked like economics to him. If the day care center does not go through, Mr. Burton said the housing project across the street will not go through. It was part of the City requirements that the applicant make sure the day care center went through in order to make the whole project go through. Chairman Thompson told the Members they are two separate properties. The Board was only to concern themselves with the small area in back of this property. Mr. Newbold commented about the play area and the square footage. Mr. Eney moved to grant the variance on the basis of the work that has gone into it, the fact that the applicant has lost about 900 square feet for the lift station, and it is part of a very important plan in the City's development. Ms. Tompson seconded the motion. A roll call vote on the motion was taken by the Recording Secretary, as follows: Vice Chairman Newton Chairman Thompson Secretary Eney Mr. Miriana Mr. Uleck Ms. Tompson Mrs. Solomon Aye Nay Aye Aye Nay Aye Nay The vote was 4-3. As there were three negative votes, the request for variance was DENIED. OTHER Ms. Tompson asked if it would be possible to have site plans they can review prior to the meeting. She was informed copies of site plans will be sent in the Members' packages beginning next month. ADJOURNMENT The meeting properly adjourned at 8:00 P. M. Patricia Ramseyer / / Recording Secretary / / (One Tape) ~/ - 5 - SLATTERY & ROOT. ARCHITECTS Architectural Design & Planning Member: A.I.A. May 22, 1990 city of Boynton Beach 120 E. Boynton Beach BlVd. BoYnton Beach, Florida 33435 Attn: Re: Board Of'Adjustment Nine T0 Five At Boynton Bay Daycare Center To Whom it May Concern: The following letter is a statement of reasons justifying the requested variance. The reasons are as followS: A. & B. The present condition of the Site is a fully planted, mature mango orchard. The trees are planted in an approximate 25' x 25' grid, with tree heights an average of 30' high and clear canopies of 12' in height. The site is rectangular in size with dimensions of 165' x 332'. The daycare center will be caring for children whose ages range from infants to 12 year olds. Due to the large age ranges, the play areas will have to be segregated, with each play area having sufficient shaded spaces as per H.R.S. regulations. Adhering to the forty foot rear setbacks would require a long and narrow building footprint, That type of design would necessitate the removal of a majority of the existing mango trees, thereby eliminating prime shade tree areas from the site. In addition to the removal of the trees a long narrow building footprint would not allow the use of a centrally located classroom which could be closed off or opened for different functions. This dual purpose room is separated by a folding partition. When in the closed position the room is divided into separate classrooms for 3 and 5 year old children. When the partition is~opened the room can serve as a multi-purpose room for school functions, plays,' etc. By placing this dual purPose room in a central location bathrooms can be shared for two classr6oms instead of having a separate bathroom for each classroom, thereby ensuring considerable savings in construction costs to the owner. 2101 N.W. 2nd Avenue · Boca Raton, Florida 33431 · (407) 392-3720 11760 U.S. Highway I · North Palm Beach, Florida 33408 · (407) 775-1334 Page 1 of ADDENDUM A C. Granting this setback variance is the only way that this project can proceed with a minimal impact on the site. This area of Boynton Beach is in dire need of a day care center. The size of the center is based on the location (across the street from the Hamlet LowIncome Rental Apartment Complex) and anticipated usage. The approval of the Hamlet complex was contingent upon~ the development of a day care center to serVe~the inhabitants of said complex and surrounding area. Grantingthe variancewill allow the ~o the size needed, to meet the needs of. the local and will not constitute a special privilege to thisappliCant. D. A literal interpretation of this Chapter would require this applicant to redesign the project which would in turn impact the amount of available land needed for code required parking. The applicant decided that the best approach was to proceed with a setback variance instead of a parking variance sincethe parking as presently shown is at the designed minimum and any change in the amount of spaces would cause cars to park in non-allocated areas, especially ~uring peak' morning and evening times, ~That problem would impact the surrounding neighborhoodm~re than encroaching on the rear setback areas. ~ ~ E. Due to the amount of land needed for code required parking, land required for a 30' x 30' parcel which will be deeded to the city for the construction of a new lift station and H.R.S. requirements for minimum playground square footages, the 20' encroachment onto the rear setback is the minimum variance required that will make possible the reasonable use of the land. F. The design intent was to maintain the front 40' setback to ensure that this project does not encroach onthe visual integrity of the surrounding R-3 z6ned projects directly to the north and south of this parcel fronting on N.E. 14th Street. The applicant felt that the variance for the rear setback would still allow for a 60' wide buffer between the back of the daycare building and the edge of any trailer homes in the adjacent R-3 zoned property and would not be injurious to the surrounding trailer park. The applicant has gone through various different design scenarios to make this project economically viable. The arrived at solution is the best scenario with the least impact on the surrounding neighborhood and existing mango orchard. Mark D. Burton, AIA 8LATTERY & ROOT ARCHITECTB MDB;le Page 2 of ADDENDUM A