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Minutes 05-08-89MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN BUILDING DEPARTMENT CONFERENCE ROOM, BOYNTON BEACH, FLORIDA, MONDAY, MAY 8, 1989 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Lillian Artis, Vice Chairwoman Janice Lewis, Acting Secretary Raymond Eney Thomas Newton Henrietta Solomon Ben Uleck James Miriana, Alternate Frank Palen, Alternate Alfred Newbold, Chief Plans Check Inspector Chairman Thompson called the meeting to order at 7:00 P.M., introduced the Members of the Board, Mr. Newbold and the Recording Secretary. Chairman Thompson noted that Mr. George Mearns had recently retired, but was very welcome to attend the public meetings of the Board in the future. MINUTES OF MARCH 13, 1989 Mrs. Solomon moved, seconded by Mrs. Lewis, to approve the Minutes of the March 13, 1989 meeting as prepared. The motion passed 7-0. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS Chairman Thompson referred to six points from the Boynton Beach Code, which list various factors that the Board of Adjustment must take into consideration when reviewing an application for a variance. He read from Appendix A - Zoning, Section 10, B. 3. (a) through (f). -1- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 8, 1989 CASE #131 - Project: Bedding Barn Address: 3101 West Boynton Beach Blvd. Legal Description: The South 164.00 feet of the North 191.00 feet of the East 150.00 feet of TRACT 6, THE PALM ~ BEACH FARMS CO. PLAT NO. 8, according to the plat thereof as recorded in Plat Book 5 at Page 73 of the Public Records of Palm Beach County, Florida. Lawrence B. Crone Owner: Applicant/ Agent: Request: J. William Free Relief from requirement of 30' minimum rear yard to be reduced to 20' rear setback for construc- tion of retail store with parking. Acting Secretary Lewis read the application, Mr. Lawrence Crone's letter dated April 4, 1989 and the answers to the six questions (a-f) asked in paragraph 5 of the application. Mr. J. William Free, 720 N.E. 77th St. Boca Raton, addressed the Board. He stated that he felt they were well within the requirements to be granted a variance in this situation. The land use has changed since the property was originally zoned and he stated that the property to the north is shortly going to be changed to commercial zoning, and is being considered for annexation into the City. Mr. Free stated that even if it were not being annexed and changed to C-3, he believed that their request would in no way be a detriment to the residential community to the north. Mr. Eney inquired what the width of the lot is and what size store they proposed to erect. Mr. Free responded that the single store would be approximately 7,700 sq. ft. The lot is approximately 150 ft. wide. Mr. Newbold expilained that when this property went through the voluntary annexation process it became C-3. It was pre- viously zoned CN/CS when it was in the County. When the applicant purch!ased the property it was already annexed. The problem the applicant is experiencing is that in C-3, in order for him to have adequate parking, he's desirous of moving the building back 10' so that he can meet all the requirements of our parking and landscape ordinance. This will be the second piece that has been developed in that area. The first piece had the same-problem. This problem may be encountered again in the future with other sites that are located along the canal. -2- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 8, 1989 The applicant does intend to construct a buffer wall at the back of the property as required, to separate the commercial property from the abutting residential. The L-24 Canal behind the property is part of the residential land to the rear. The Board reviewed material from the Zoning Code which addressed the topic of when buffer walls are required. Some discussion took place relative to setting precedents in granting variances and the need to consider each application on it's own merit. Chairman Thompson again referred to Section 10, B. 3.(c) which states, "That granting the variance requested will not confer on the applicant any spe- cial privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district." Chairman Thompson asked Mr. Newbold if this building could still be constructed if the 10' variance were not granted. Mr. Newbold responded that in any type of business a certain amount of square footage is conducive to that type of business, whether it be a 7-Eleven or whatever. Cert!ainly the business could be constructed with reduced square footage, but this would of course affect economics. Mr. Newbold further elaborated. Mrs. Lewis questioned whether all Bedding Barns are built to the same specifications. Mr. Free responded in the affirm- ative. Chairman Thompson noted that when he looks at this par- ticular piece of property he is concerned because he knows the right-of-way of the canal cannot be changed and we cer- tainly are not going to change the road. So you have valuable property stuck between the road and the canal. He remarked that each case should be reviewed on it's own merit. In each case there are always factors that are pecu- liar to that individual situation. In this case it is a little bit different from the case granted previously. In this case the individual is going to construct the buffer wall. In the last case a landscape wall was used instead. Mr. Free mentioned to the Board that he referred to the Diaz variance only for the purpose of citing a similar hardship, because of the proximity of the property. Mrs. Artis commented that she did not feel this was a self- imposed hardship, but rather the hardship had been imposed on the property by the City. Whoever develops this site is going to face the same hardship. -3- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 8, 1989 Chairman Thompson remarked that the beautification require- ments for the City are strict. It takes a lot of property just to meet the requirements of the Code. Mr. Eney asked Mr. Free when they hoped to.begin construction. Mr. Free responded that there were several other steps with the City that he faced, but he hoped to begin in August. Mr. Eney's observation was that the name Crone appeared on the Warranty Deed, rather than Bedding Barn. He remarked that there have been cases in the past where variances had been granted for problems and then nothing was ever constructed on the site. The owner is in the realty business and Mr. Eney hoped that the Board was not making the property more saleable for someone other than Bedding Barn. Mr. Newbold explained that the applicant is proceeding through other required steps with the City and eventually will be either approved or disapproved by the City Commission. If the site plan is not developed within a year's time, it is of no value. Further discussion took place among the Board members. Chairman Thompson questioned whether there was anyone pres- ent who wished to speak in favor of or in opposition to the request. There was no response. No correspondence had been received indicating any opposition to the granting of a variance. THE PUBLIC HEARING WAS CLOSED. Chairman Thompson repeated that he felt there was a limited amount of property to work with. The property lies between the canal and the road. When the City upgraded it's Code to require that so much of the property be allowed for landscaping, it resulted in a hardship for this particular parcel. He did not feel this was the applicant's fault. Mrs. Lewis commented that the Bedding Barns are built to the same specifications and the property does not seem to quite fit into the size they need. A previous variance had been granted on this property years ago and she didn't feel the Board should discriminate against this applicant. Several other Board members expressed their opinions. The consensus was that in this particular case a hardship exists due to the configuration of the land. -4- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 8, 1989 Mrs. Solomon moved that the Board grant the request of the applicant for a variance on the property . Mr. Newton seconded the motion and a roll call vote was taken by the RecOrding Secretary as follows: Mr. Eney - Aye Mrs. Lewis - Aye Mr. Newton - Aye Mrs. Solomon - Aye Mr. Uleck - Aye Vice Chairwoman Artis - Aye Chairman Thompson - Aye Motion carried 7-0. The request for variance was APPROVED. Appointment of Secretary to the Board Chairman Thompson remarked that due to George Mearns no longer being on the Board, it is now necessary to appoint a Board member to serve as Secretary to the Board of Adjustment. Chairman Thompson opened the floor for nomina- tions for Secretary, and passed the gavel to Vice Chairwoman, Lillian Artis. Mr. Thompson nominated Janice Lewis to serve as Secretary. Mr. Eney seconded the motion. The motion passed 7-0. The gavel was returned to Chairman Thompson. The Board proceeded to discuss their various terms of office and dates that various terms expire on. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:10 P.M. Shannon Burkett Recording Secretary (Two Tapes') -5-