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Minutes 11-13-89MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, NOVEMBER 13, 1989 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Lillian Artis, Vice Chairwoman Denys ,Sam" DeLong Raymond Eney Thomas Newton Henrietta Solomon Ben Uleck James Miriana, Alternate (Voted on some cases) Alfred Newbold, Administrator, Plan Review and Permitting Chairman Thompson called the meeting to order at 7:00 P. M. and introduced Mr. Newbold, Members of the Board, and the Recording Secretary. He acknowledged the presence in the audience of Theodore Blum and George Mearns, former members of the Board of Adjustment. MINUTES OF AUGUST 14, 1989 Mrs. Solomon moved, seconded by Mr. Uleck, to accept the minutes as presented. Motion carried 7-0. ELECTION OF SECRETARY Mrs. Solomon nominated Mr. Eney as Secretary. Mr. Uleck nominated Mrs. Solomon. Mrs. Solomon declined the nomination. Mr. Eney was elected Secretary of the Board. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS Chairman Thompson read the six criteria upon which the Members base their opinions. He advised the Board is not a majority Board. Seven voting Members were present. Any - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNT©N BEACH, FLORIDA NOVEMBER 13, 1989 three negative votes would deny a request, but five positive votes were needed to grant a request. CASE 9 136 - Address: Legal Description: Owner: Request: 1390 North Seacrest Boulevard The S. 100' of the NE~ of the NE~ and the S. 165' of the NW~ of the NE~ of Sec. 21, Twp. 45 South, Range 43 East, Palm Beach County, Florida, less the right-of-way for Seacrest Boulevard as described in O. R. Book 5359, Page 675, Palm Beach County Records Bible Church of God, Inc. Relief from zoning requirement of maximum structure height of 25' to be increased to 41' for construction of church Vice Chairwoman Artis read the application and the appli- cant's answers to the six questions in paragraph 5 of the application. Chairman Thompson asked if anyone wished to speak in favor of the application. David Banks, 8115 Ambach Way, Hypoluxo, FL 33462, Applicant, stated they are in need of a new place to worship. He explained that their present location is too small for their needs, and there is no room for expansion. This location will fill their needs for some time to come. Mr. Banks asked the Board to grant this special exception so they can build the church. The church would be appropriate for that community. The Members reviewed drawings of the church. It seemed to Chairman Thompson the only part which exceeded the required feet was on one point of the drawing. Mr. Newbold confirmed this. The Engineer came forward and said the engineering firm communicated with the Architects who designed the building. The elevation floors will be mostly flat because the beam is a certain type of beam. Mr. Uleck was informed it was a wood beam, and it would be in the form of an arc. Mr. Newbold advised the structure of the building was not in question. It was mainly the height. There was discussion about the structure of the beam. Mr. Banks explained they did not want the elevation to be so far away from the pulpit area that they would lose the effect of a church. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Mr. Uleck still questioned why they wanted a variance of 16 feet. Chairman Thompson asked whether they could lower the arch. After explaining, Mr. Newbold advised that the applicant took the simplest pitch they could use for the roof. He pointed out that it was not a perfectly square building. Discussion ensued about the roof. In response to Mrs. Solomon, Mr. Newbold answered that Mr. Banks would need the 16 feet to make it come out, based on his pitch. Mrs. DeLong asked if the church had purchased this property. Mr. Banks answered that they purchased it last January. Mrs. DeLong asked if there had been any objections. Chairman Thompson had not received any. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. James Bouie, 2731 N. W. 1st Street, said they looked at other property and almost purchased property in the west end of Boynton Beach. He explained why this was an ideal place for the church. Mr. Bouie stated he has been a carpenter, and he knows they put a dome in the center of churches. He explained it would strengthen the building and provide safety for people coming into the building. Chairman Thompson searched the records of the City and found no place where this could be automatically approved. Mr. Newbold pointed out that churches are different from any other buildings in a community. Chairman Thompson recalled the Board has granted requests in the past simply because all churches in Boynton Beach exceed the maximum height and there is no possible land in Boynton Beach that will allow the height. Chairman Thompson inquired whether anyone else wished to speak in favor of granting the variance. Brenda Johnson, 1509 N. E. 2nd Court, was for the variance and the church. She explained the purpose of the church and told of the facilities the church wishes to include. Chairman Thompson asked three times if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson then asked three times if anyone wished to speak in opposition to the granting of the variance, and there was no response. THE PUBLIC HEARING WAS CLOSED. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 In the past, Chairman Thompson noted churches have had problems, not only in Boynton Beach, but in other cities when they address this issue. Many churches want height, and each time it is granted. The only thing in question on this case was the height, so Chairman Thompson asked the Members to keep that in ~mind when making comments. In view of the size of the building and the pitch, Mrs. Solomon did not think they were going exceedingly high. She was in favor of granting the variance. Vice Chairwoman Artis stated these people did not buy into the hardship per se. They bought into a hardship being imposed upon them and all other churches because of the height limitation. She felt the design of the building would be destroyed if they were not allowed to have the steeple. Mr. Newton also favored the variance, based on the con- figuration and shape of the building. It seemed to him that it would be very difficult for the applicants to achieve their objective unless they have the height of 41 feet. It was not a hardship on the applicant's behalf but a hardship based on the fact the building could not be an edifice for the purposes the applicants intended unless they had the extra height. Mr. Eney agreed with Mr. Newton's observation. Because of the design, he was in favor of granting the variance. Mrs. DeLong also agreed and thought the church would be a wonderful addition to the community. She also thought the height limitation was not self-imposed. Mr. Uleck was not against the church, but he felt they could have stayed within the 25 feet and had a beautiful church. Mr. Uleck alluded to his construction experience and churches he has seen. He stated he would not go against granting the variance if the rest of the vote was for it. Mr. Uleck also referred to the City Codes and stated the Codes must be kept or building heights could get out of control. Chairman Thompson reminded the Members the Board functions when a hardship is placed by the City, County, or State on property. Each case is based on its own merit. He referred to Motorola, who needed a variance for their equipment. If a variance was not granted, Motorola would not be in Boynton. Many times, the purpose of the Board is to go against the Code when they see a hardship. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Mr. Newton moved that the variance be granted with the 16 foot height as requested. Mr, Eney seconded the motion. the request of Chairman Thompson, the ReCording Secretary repeated the motion and took a roll call vote: At Mr. Newton Mr. Eney Mrs. DeLong Vice Chairwoman Artis Chairman Thompson Mrs. Solomon Mr. Uleck Aye Aye Aye Aye Aye Aye Aye Motion carried 7-0. Mr. Newbold suggested that the next two cases be heard at the same time. This was agreeable with Chairman Thompson, as he felt what would be granted to one case should be granted to the second case. CASE #137 Address: Owner: Applicant: Legal Description: Request: Proposed Use: 404 N. W. 12th Avenue Palm Beach County Housing Authority Barry F. Seaman, Executive Director Lot 414, CHERRY HILLS, as recorded in Official Record Book 4, Page 58, Palm Beach County Records (1) Relief from requirement of 6,000 sqUare feet minimum lot area to be reduced to 2,550 square feet (2) Relief from requirement of 60 feet minimum lot frontage to be reduced to 25 feet (3) Relief from requIrement of 25 feet 'minimum front yard setback to be reduced to 24.7 feet (4) Relief from requirement of 25 feet minimum rear yard setback to be reduced to 7.3 feet (5) Relief from requirement of 1,000 square feet minimum living area to be reduced to 889 square feet (6) Relief from requirement of 10 feet minimum side yard setbacks to be reduced to approximately 6 feet each side Convert a vacant maintenance building into a single family residence - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Vice Chairwoman Artis read the application and the appli- cant's answers to the six questions in paragraph 5 of the application. CASE ~138 Address: Owner: Applicant: Legal Description: Request: Proposed Use: 403 N. W. 12th Avenue Palm Beach County Housing Authority Barry F. Seaman, Executive Director Lot 417, CHERRY HILLS, as recorded in Official Record Book 4, Page 58, Palm Beach County Records Same as "Request" in Case 9137 above. Convert a vacant maintenance building into a single family residence Since the applications for both Case 9137 and Case #138 were exactly the same, Chairman Thompson did not think it was necessary for Vice Chairwoman Artis to read this application. The Members agreed. Theodore Bogaert, Palm Beach County Housing Authority, 4945 Luwall Drive, West Palm Beach, stated that since he is a semi-retired General Contractor, his job with the Housing Authority is to handle their new construction and refurbish- ing work. He has been working in the Cherry Hills area. Mr. Bogaert told the Members these two buildings have been laying vacant for approximately four years. He alluded to the Authority's attempts to get funding, the buildings being refurbished, and the buildings they received building permits for. Mr. Bogaert said the tension and problems in Cherry Hills have decreased tremendously since the Boynton Patrol started, but they could never use the buildings for what they were designed. They had over 100 break-ins during the two years they tried to use them. After elaborating, Mr. Bogaert noted Cherry Hills is becoming a better place in which to live. There is now a waiting list to live in Cherry Hills. Mr. Bogaert told the Members these buildings need to be taken off the vacant list and put to use. To change the use of the buildings, they would have to meet the criteria of the Code. If they would just recondition the buildings for what their intended use was, they would need a variance. Mr. Bogaert emphasized they are not adding one inch of out- side space. Everything they will be doing will be basically - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 on the inside of the building. They will be putting in new windows and doors. The buildings will conform 100% with everything else they have done in Cherry Hills except where there were two buildings before, they will combine them and make one duplex. The buildings will be combined by making a third bedroom and a full bath. This is needed and will be used. Mr. Bogaert presented pictures of how the buildings looked in 1978 and compared them to the type used for migrant farm workers. In 1959, each single building housed four families in a one bedroom efficiency apartment. With what was put between the buildings, they became a single family, two bedroom, two bath. It is a case where they can take the impossible and turn it into something nice. Mr. Bogaert said their problem was that they do not own all of the area. They have scattered sites. Mr. Bogaert showed more pictures to the Members and said they have homes on 12th Avenue and 13th Avenue. HUD is in the process of renovating some of the buildings again, and the buildings are only six years old. Mr. Bogaert clarified this was in addition to the normal, every day maintenance the Maintenance Department of the Housing Authority tries to do. Mr. Bogaert continued by saying they were not changing the sidewalks. They are relocating the door from one side to the other, increasing windows where the bedrooms will go, and are closing in some windows and overhead doors to make the building useful. When they looked at the R-1 require- ments, Mr. Bogaert said they thought they may as well ask for all of the variances to get the buildings out of the vacant status and into a useful use. Mr. Bogaert informed Mr. Uleck these buildings will make 48 units that they have in Cherry Hills. Most of them are duplexes. Mr. Bogaert said they tried for three years to get community service there, but it did not work out. No one was interested. They do not have the parking; it is in a "tough area", and the buildings are small. This will be a very small two bedroom, one bath single family home among other single homes and duplexes there. When they had been approved by the City, Chairman Thompson thought a blanket had been given to all of the buildings but he could not find a record of it. Mr. Bogaert responded that they were invited by the City to go into Cherry Hills. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 When the drawings were first submitted, he did not think the City was pushing so much for the setbacks, etc. Mr. Seaman came before the Board in 1982. As the City Code changes, they try to come up to it and try not to go against it. The Building Department was adamant that for what they were doing, they should come for the variances. Chairman Thompson apprised the Members that the buildings are exactly alike. There were further comments. Mrs. DeLong was concerned about the condition of the yards, and she asked if they will install sod and landscaping for the units. Mr. Bogaert answered affirmatiVely but added they cannot keep irrigation going there. If ~hey ask people to water, the people want the Housing Authority to pay the water bill. Discussion ensued about landscaping and plants. Vice Chairwoman Artis pointed out that the buildings are landlocked. Chairman Thompson further pointed out that the Palm Beach County Housing Authority is in full charge of the complex. He understood they were getting rid of their maintenance department and moving their office to make room for more housing. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the granting of the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. There were no communications for either case. Mrs. Solomon noted no changes were being made to the exterior. She saw no reason why the Board should not approve the cases. - Chairman Thompson saw the buildings go up and questioned at that time why the City allowed them to go up. However, he thought the City made the right decision years ago when they felt the buildings should not be torn down because they could be used, which was what the applicant would be doing. Mrs. Solomon moved to grant the variances requested in Case Nos. 137 and 138 to convert a vacant maintenance building and vacant office building into a single family residence. Vice Chairwoman Artis seconded the motion. The Recording Secretary repeated the motion and took a roll call vote: - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Mr. Eney Mrs. DeLong Vice Chairwoman Artis Chairman Thompson Mrs. Solomon Mr. Uleck Mr. Newton Aye Aye Aye Aye Aye Aye Aye Motion carried 7-0. CASE #139 Address: Owner: Applicant: Legal Description: Request: 2002 S. W. 13th Avenue Jay Campanelli and A. Campanelli Trustees for Palm Beach Leisureville Craig R. Livingston, Agent Siteworks Architects & Planners, Inc. Parcel R-3, Plat of Seventh Section, PALM BEACH LEISUREVILLE, as recorded in Plat Book 29, Pages 145, 146 and 147, Palm Beach County Records, and Parcel A, Plat of Eighth Section, PALM BEACH LEISUREVILLE, as recorded in Plat Book 29, Pages 180, 181 and 182, Palm Beach County Records Relief from zoning requirement of 33 parking spaces to be reduced to 29 for addition of walk-in cooler at the rear of the restaurant Vice Chairwoman Artis read the application and the appli- cant's answers to the six questions in paragraph 5 of the application. Since he is a member of this community and on its Board of Directors, Mr. Eney excused himself from this case. He explained that he did not think the case would be heard tonight. Chairman Thompson thought it was unnecessary for Mr. Eney to excuse himself, and he recalled that he had brought this to the attention of the City Attorney several years ago. Since a full Board and two Alternate Members were present, Mr. Newbold preferred that Mr. Eney not take part in this case. Chairman Thompson referred to Form 8B, Memorandum of Voting Conflict, and read the paragraph pertaining to when a person is to abstain from voting. He announced that Mr. Miriana would be voting on this case. , The request should be corrected to read: "Relief frc~ zoning requir~ent of 124 - 9 - parking spaces to be reduced to 102 for new 941 sq. ft. storage addition to recreation building." MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Craig Livingston, Architect, Siteworks Architects & Planners, Inc., 118 S. E. 4th Street, told the Members Palm Beach Leisureville was planning on adding additional storage space to Recreation Building 93. They are planning on add- ing 941 square feet to the western portion of the site. As they went through the Technical Review Board (TRB), they found from the City Utilities Department that there was an existing sewer main approximately 15 feet west of the build- ing, and Leisureville had to make a decision whether to construct the additional square footage over the main, remove the main further to the west, or relocate the 914 square feet of the building. Mr. Livingston prepared two additional sketches. One showed the additional storage area added to the north, and the other showed adding the storage area to the south. At this point, Leisureville was unsure where they were going to add the building. He was confident it would be added to the north. As they were unsure where the building would be located, Mr. Livingston said they had asked the City to move their package from the November meeting to the December meeting, which was done for the Planning and Zoning (P&Z) Board and City Commission meetings. However, he was advised the Board of Adjustment (BOA) would not be able to move it to the December meeting and if they were to table their request for a variance, the request would not be able to be heard for one year. Mr. Livingston asked for relief of the parking requirements because regardless of whether the building is to be added to the north or south, they still would not meet the existing parking requirements. Recreation Building ~3 has been in existence for awhile. As the building stands now, it does not meet the parking requirements. In addition, the pool area and shuffleboard courts require parking spaces. If they were to add the number of parking spaces required in the current zoning, based on the City's requirements, it would be 124 spaces. They now have 102. They are elimi- nating one space to provide three handicapped spaces, which are 12 feet wide as opposed to 9 feet wide. Mr. Livingston informed the Members that the information sent out as the public notice to people indicated they requested "relief from the zoning requirement of 124 parking spaces to be reduced to 102," which they will be using. They have 102 parking spaces for a building that would - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 rarely require 124 spaces. He further explained. Since they were adding storage space, Mr. Livingston pointed out it would not increase the number of people that would be using space. At the present time, there is adequate parking at peak levels so they were not increasing a hardship. Mr. Livingston informed Chairman Thompson this would be attached to the present building. Mrs. DeLong asked if the 941 square feet plan would change. Mr. Livingston answered that he showed a scheme this morning. There was an 1,100 square feet scheme and a 1,400 square feet scheme, so it may increase the number of square feet in the storage area, but it will not exceed 1,800. Mrs. DeLong determined they could be needing more than 124 parking spaces because of the square feet. Mrs. Solomon asked why it would have to be made bigger. Mr. Livingston answered because the dimension on the west side is shorter than the east/west dimension on the north side. They are just adding 15 feet on the west side to extend it out. The area will be used for storage of tables. As events go on in the auditorium, it will be used for scenery and the stage in the back. Mr. Uleck saw nothing wrong with it. Boynton Leisureville did it. After elaborating, he stated he was sure there will be no more cars. Chairman Thompson asked if Mr. Livingston was asking the Board to do something that was not advertised. The notice was properly advertised. Some people who received the notice may have been comfortable with the 941 square feet. Since it was not advertised for a greater amount of feet, Mr. Newbold did not think it would be legal for the Board to amend that. He wanted to be sure that whatever they did, it would reflect what was advertised. Mr. Newbold advised the Code was addressing square footage, whether it was used for storage, dancing, or whatever. When the building size increases by a certain number of square feet, every 100 square feet it increases constitutes another parking space. Mr. Newbold further explained. Mr. Livingston responded that was part of the discussion he had with Mr. Jaeger when he (Livingston) asked that this be put off for a month. They had submitted a letter to Jim Golden, Senior Planner, asking him to put everything off. Mr. Newbold responded this afternoon, at 4:00 P. M., was the first time he heard about it. Mr. Golden does not deal with - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 the Board of Adjustment. Mr. Newbold asked whether they were planning to do something different with the parking lot. Mr. Livingston answered affirmatively and stated they have two variances. Mr. Newbold told Chairman Thompson that would be a different Board. Chairman Thompson agreed with Mr. Newbold and informed Mr. Livingston the Board would not consider anything that was not on the application. He requested that Vice Chairwoman Artis read paragraph "(3)", under "H. WITHDRAWAL OR DENIAL OF APPLICATION" from Appendix A-Zoning, Boynton Beach Code of Ordinances. Mrs. DeLong asked if that meant Mr. Livingston could not reapply for a year if the request is denied. Chairman Thompson answered affirmatively. Mrs. Solomon did not think anyone on the Board would have denied the request with the 941 square feet and parking spaces Mr. Livington had requested. Mr. Livingston answered that he was asking for relief from the zoning requirement. Instead of 124 spaces, he wanted 102. Whether that is in a 941 square foot building, or whatever, their request was for relief for the number of parking spaces. If the Board would vote on that, they will live within the square footage of what they can build for the 102 spaces. Mrs. Solomon had no problem on voting for that, but she questioned whether the Board could do this. Chairman Thompson answered affirmatively, and he explained the request. Mr. Newbold understood Mr. Livingston to say if the Board would give him what he first asked for, he would live with it. Mr. Livingston confirmed that was correct. In response to a statement by Mrs. DeLong, he reiterated that he was proposing to build 941 square feet of new building and asking the Board to require only 102 parking spaces. There was discussion as to whether the roads in Leisureville are City owned. Chairman Thompson informed Mrs. DeLong the ones in question are owned by the City. Chairman Thompson asked if anyone else wished to speak in favor of granting the request. Walter Jones, 2077 S. W. 13th Avenue, lives across from the parking lot in question. At first, he was opposed to this because when he read the notice he received in the mail, it read like they were going to do away with parking spaces. Mr. Jones was opposed until he talked to Mr. Livingston. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1988 He had a picture of the parking, when the building is crowded. He counted 24 or 25 parking places that were not being used. Mr. Jones was in favor of this and said it would be an advantage to Leisureville, and he expounded. He stated they do not need more parking places, but they need the storage area. He was sure his neighbors were not opposed either. As no one else wished to speak in favor of or in opposition to the granting of a variance, THE PUBLIC HEARING WAS CLOSED. There were no communications. Mrs. Solomon felt the added storage space would not require additional parking. She saw no reason why they should not grant the variance. Mr. Miriana found no need for additional parking spaces. The building being put up was not creating a hardship. was in favor of granting the variance. He Chairman Thompson recalled this same situation came up with another condominium. After explaining, he stated this was very much the same case. Mr. Uleck moved to grant the variance for the additional 941 square feet and the variance for the 22 parking spaces needed for the construction of the 941 square feet. Mrs. Solomon seconded the motion. The Recording Secretary repeated the motion and took a roll call vote on the motion as follows: Mrs. DeLong Vice Chairwoman Artis Chairman Thompson Mrs. Solomon Mr. Uleck Mr. Newton Mr. Miriana Aye Aye Aye Aye Aye Aye Aye Motion carried 7-0. CASE ~140 - Address: Owner: Applicant: 2011 South Federal Highway Emil C. Freund and Carolyn & J. J. Hail, Jr. MarK Sever, Agent, Pizza Hut - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Legal Description: Request: That part of the N. 90.0' of the S. 1000.0' of the E½ of the NE~ of Sec. 33, Twp. 45 S., Rge. 43 E., lying West of the right-of-way of State Road No. 5 (U. S. Highway No. 1) as shown in Road Plat Book 2, Page 159, Palm Beach County Records, less the West 525.0 feet there- of, containing 19,177 square feet or 0.44 acre, more or less Relief from zoning requirement of 33 parking spaces to be reduced to 29 Vice Chairwoman Artis read the application and the appli- cant's answers to the six questions in paragraph 5 of the application. Chairman Thompson requested that Mr. Miriana remain as a voting member on the Board, and he announced that Mr. Eney would not be voting. Once a person steps down from the Board, he felt that person should not return but should let the Alternate Member remain seated on the Board. Mr. Newbold handed a letter dated October 10, 1989, from Pizza Hut of America, Inc., addressed to the owner, which was read into the record by Vice Chairwoman Artiso The owner signed the letter, agreeing to the alterations pro- posed by the applicant. (A copy of said letter and a copy of the survey are in the applicant's file in the Office of the City Clerk.) Mark Sever, Architect, 1639 Hollywood Boulevard, Hollywood, FL 33020, called attention to the plan the Members had, which was done by him with the application for variance. Since then, they did a plan to show all of the new work they are going to do to the parking area. He said they will repave the parking area, put on new striping, and bring it up to current dimensions. Mr. Sever then went through the improvements they plan to make to the site. Among the improvements will be the addition of a fence to screen the parking area from the residential areas adjoining the property. Along with the elimination of four spaces, they will upgrade the parking area and help beautify it. Mr. Sever said they now have 3,200 square feet, which will require 33 spaces. They propose to delete four spaces to bring it down to 29 spaces. There has never been a parking problem at the restaurant, and Mr. Sever thought the elimi- nation of four spaces would not create a problem. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 If they do not add the cooler and dry storage onto the restaurant, Mr. Sever stated it will be hard to justify new crews. The restaurant was built in 1976 under operation standards for the restaurant. New equipment is being introduced into the restaurant, and Mr. Sever said they want to make more room inside the restaurant for the people working there. There was discussion about landscaping. Mark Reed, District Manager of Pizza Hut, stated this was to provide better means for them to operate a restaurant and take care of the public. It is a restaurant Pizza Hut is not proud of. All of the drawings they were submitting not only addressed the parking and landscaping but also the customer needs. The storage area and cooling space are needed because the existing equipment in the restaurant do not suffice. The design of the back of the building, or what they would call their construction area, was for a volume about half of what it is currently doing today. That has made it hard to live up to their standards. Mrs. Solomon felt they would get more customers, and she questioned what they would do. Mr. Reed answered there has been a drastic change in the way Pizza Hut does business. Years ago, carry out business was about 28%. That number is now approaching almost 50%. Mr. Reed asked the Members to keep in mind almost 50% of the customers get their product and go home. He also asked the Members to consider that they are currently constructing another restaurant in Boynton Beach which satisfies delivery only. Mr. Reed elaborated. Mrs. DeLong asked what the seating capacity now is. Mr. Reed answered, "80 seats." Mr. Newbold apprised everyone Mr. Reed was the first one he had talked with who represented the company. Mr. Newbold called attention to items 7 and 8 in his facts sheet. An occupational license was issued in 1976, when the building was built, and it reads there are 96 seats. If the Board grants what the applicants were talking about, the seating capacity on the occupational license should be reduced. Mr. Newbold explained and then advised that only the applicants could agree to reducing the number of seats shown on the license. The count of the seating arrangement will have to agree with the parking and variance they were requesting tonight. Mr. Newbold further explained, and discussion ensued. Mr. Sever believed the building with the new storage unit was 3,240 square feet, which would mean 33 cars. If they were granted the variance for 33 cars, they would like to - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 keep the seats. Mr. Newbold said 82 seats were all they could have, but the license reads 96 seats. Mr. Newbold informed Chairman Thompson that in Appendix A, Zoning of the Boynton Beach Code under parking requirements for restaurants, it reads one parking space for 2.5 seats but not less than one parking space for 100 square feet of gross floor area. He again referred to the 96 seats shown on the occupational license. Mr. Sever asked if they were grandfathered in. Mr. Newbold replied they were, until they put in the addition. If they would mandate that there would be 82 seats, Mr. Reed asked if there would be the need for a variance. Mr. Newbold replied that Pizza Hut now has 33 spaces, and the variance would allow them to reduce that number by four spaces. They would still need the variance because 33 spaces x 2.5 = 82. Mr. Newbold was asking them to change the occupational license to 82 seats. Mr. Reed stated he would wholeheartedly buy that. He had no problem with that whatsoever. Chairman Thompson noted the addition would be used for storage and coolers. If it was used for the preparation of food, he wondered if this would change. Mr. Newbold answered that it would not in the interpretation of the Code. The Code was dealing with gross square footage. How the appli- cant proposed to "cut it up" (landscape, preparation area) did not matter. The gross square footage was what the Board was looking at. Mr. Reed told Mrs. DeLong the 12 foot wide box will come in and be assembled on the site. If they do not get the variance, Mr. Sever stated improve- ments will not be done to the restaurant. He outlined the improvements they want to make. Mr. Reed expounded about Pizza Hut, its standards and products. Mrs. Solomon asked if the applicants needed to change the occupational license in order to conform with the variance the Board would be giving them. Mr. Newbold answered affirmatively and said the square footage involved was the only thing now before the Board. The Code clearly states that the 2.5 seating is a main factor. The applicants must provide parking for 2.5 seats. If the applicants said they would put no seats in the building, it would fall back on the square footage. There were comments about safety. - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against granting the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. Chairman Thompson reminded the Members that regardless of whatever, the 2.5 must remain for the City. He asked if this Code for 2.5 was mostly for safety. Mr. Newbold answered affirmatively and further explained. Mrs. Solomon moved to grant the variance for the elimination of four parking spaces because of the addition of a walk-in cooler. The motion died for lack of a second. Chairman Thompson thought the number of spaces should be in the motion. He would not want to see the seating arrange- ment to be the same with the elimination of four parking spaces. Mr. Newbold suggested how the motion should be worded. Mrs. Solomon moved to grant the variance for the elimination of four parking spaces, as requested, for the additional square footage, provided the applicants comply with the seating arrangement. Mrs. DeLong seconded the motion. The Recording Secretary repeated the motion and took a roll call vote on the motion: Vice Chairwoman Artis - Aye Chairman Thompson - Aye (Chairman Thompson commented that he voted in favor of the motion because at the same time they eliminated four parking spaces, they eliminated the required seating arrangement. It was all economics.) Mrs. Solomon - Aye Mr. Uleck - Aye Mr. Miriana - Aye Mr. Newton - Aye Mrs. DeLOng - Aye Motion carried 7-0. PENDING REQUESTS FOR FUTURE MEETING - December 11, 1989 CASE #141 - Address: Owner: Request: 2624 Lake Drive North Michael and Ramona Mrotek Wall height - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 13, 1989 OTHER BUSINESS Board Dinner Chairman Thompson reminded the Members to call the City Manager's Office if they planned to attend the Board Dinner at Hunters Run on December 7, 1989. ADJOURNMENT The meeting properly adjourned at 9:40 P. M. Recording Secretary (Three Tapes) - 18 - *FO; M 8B MEP ' RANDUM OF VOTII ' CONFLICT FOR COUNTY, MUNICI - L, AND OTHEB Lo AL PUBLIC OFFICEBS ~qV, ~ond MAILING ADDRESS 1102 Siesta Avenue CITY Boynton Beach, FL COUNTY 33426 P~]mBeach DATEON WHICH VO'rEOCCURRED November 13, 1989 NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCn.. COMMISSION. AUTHOR ITY, OR COMMITTEE ON WHICH! SERVE IS A UNIT OF: iXcI'I'¥ ]: COUNTY ~ OTHER LOCAl, AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ELECTIVE i '.~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whetfier you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION-112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. [ ~ 'APPOINTED OFFICERS: · ' A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwl,se may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an~ attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE T DECISION PRIOR TO THE MEETING AT WHICH ~THE VOTE WILL BE TAKEN: HE · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency,: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I:¢)RN~ xB .... · . - , ........ PAGE ii:"1 :i~,YOU MAKE NO ATTEMPT TO '~LUENCE'THE DECISION EXCEPT BY~DLscussION AT TH~ MEIqTIN~: ~ '[ *~A"o,u,shoUld disclose orally the nature of your conflict in the measure before participating. ' - . I[ [ *¥YVu should c~mplete the form and me it within 15 days after the vote occurs with the person responsible for recording the mhutes~ J~ ~'~.[ ~Of the meeting, who should incorporate the form in the minutes. - ~ ~ DISCLOSURE OF LOCAL O~:FICER'S INTEREST 1,' !Pa_vmond Eney , hereby disclose that on 2(a) ~ 'measure came or will come before my agency which (check one) November 13, 1989 inured to my special private gain; or ,19 : , :inured to the special gain of ...... , by whOm Yam retained. {b) The measure before my agency and the nature of my interest in the measure is as follows: ~ Date Filed ~ignatur! , ,/ ,> // : UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIRED- DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE'PUNISHED BY ONE OR MORE OF THE FO.LLOWING: REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B '. 10-86 PAGE 2