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Minutes 08-08-88MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, PINELAND PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 8, 1988 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Raymond Eney Janice Lewis George Mearns Henrietta Solomon Ben Uleck Thomas C. Newton, Alternate (Voted) James Miriana, Alternate ABSENT Lillian Artis, Vice Chairwoman (Excused) Alfred Newbold, Chief Plans Check Inspector Chairman Thompson called the meeting to order at 7:02 P. M., introduced the Members of the Board, and Mr. Newbold. Mr. Newbold introduced Mr. Warren DeLoach from the Building Department and stated that he would be sitting in for Mr. Newbold when Mr. Newbold was on vacation. Chairman Thompson announced that there was one case before the Board tonight, and he read the six criteria upon which the Members base their judgments. He also informed the audience that this was not a majority Board. Any five votes could pass the request, and three negative votes could deny the request. Chairman Thompson also referred to a memorandum written by City Attorney Rea dated July 28, 1988 written to clarify whether or not a matter can be continued to another date. Mr- Rea stated that the Board does have a right to continue a matter to another date as long as it is specific in its motion as to the date the matter will be continued. The Board is required to resolve the matter in a reasonable period of time and that reasonable time can vary with the circumstances. MINUTES OF JULY 11, 1988 Mr. Newbold wished to have the minutes corrected as follows: Page 11, paragraph 4, line 3, change "tomorrown" to read "tomorrow." Page 12, paragraph 1, line 11, delete "in now", c~ange "come" to "receive", and change "eight" to "five. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AuGusT 8, 1988 Page 13, paragraph 4, line 10, should read: "...would do, if Mr. Newbold became the new owner; and the City would not be able to deny him the right to enclose it in solid block if he did not like the glass." Mr. Newton moved to approve the minutes with corrections. Motion was seconded by Mrs. Solomon and carried 7-0. ANNOUNCEMENTS Chairman Thompson thanked the Board for electing him Chairman for another year. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS Case #129 - 445 North Federal Highway Owner/Agent: Eslett Ruiz Request: Relief from Appendix A - Zoning, H. Provision of Off-Street Parking Spaces (number of spaces required from 9 to 5) Proposed Use: Takeout and Catering Lunch Business with two rental apartments above Legal Description: Lot 1, less East 35 feet and all of Lot 2, ROBERT ADDITION TO TOWN OF BOYNTON recorded in Plat Book 1, Page 51, Palm Beach County Records Secretary Mearns read the application, the response to ques- tion 5, a through f, and the letter from City Attorney Rea, dated January 29, 1988 to Attorney Sylvan B. Burdick. Mr. Newbold stated that City Attorney Rea's letter dated January 29th explained some of the problems associated with this request and the length of time involved. He was available to clear up any questions the Board might have. Eslett Ruiz, 7486 Coconut Drive, Lake Worth, FL 33467-6422, stated that she bought the building in November, 1985 after checking with the City about the zoning in that area. She also had her attorney check into the matter and they were told what they could and could not do with the property. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 She then bought the building and started remodeling it. Due to the new landscaping requirements, Ms. Ruiz has been told that she does not have adequate parking space to open her business. She has had numerous meetings with City Manager Cheney and his staff with no results to date. Her attorney received City Attorney Rea's letter dated January 29th which suggested that she could either tear down the back portion of the building or come in with a request for a variance for the parking requirement. Ms. Ruiz stated that she has a large piece of property behind her building, but due to the new landscape require- ments for the Central Business District, only 5 parking spa- ces could be provided on that property. It has been three years since she bought the property and she has not been able to do anything with it although she has been paying taxes, insurance and the mortgage payments during that time. She had an opportunity to buy other property but felt that this piece of property was a proper piece for her business. She did not feel that 9 parking spaces were needed as she plans to have a takeout and catering business. People would simply come in, pick up their food, and leave. Mr. Newbold stated that he had done extensive research on this property with the assistance of the City Clerk's Office. He felt that Ms. Ruiz was a victim of the Redevelopment area. She bought the property during the time the City was trying to come up with ideas of how the down- town area should progress. A moratorium was placed on all construction in that area. After a time the Central Business District was defined. Due to no fault of her own, Mrs. Ruiz has become a victim of the change. When she bought the property, she was told that she could develop it as she had requested. Chairman Thompson asked if Mr. Newbold was saying that changes by Boynton Beach caused this property to be in question, and Mr. Newbold agreed. He stated that if Ms. Ruiz had opened her business at the time she bought it, there would have been no problem with the parking. Secretary Mearns asked if the 9 parking spaces included those necessary for the tenants who live upstairs as well as the catering/takeout business Mr Newbold stated that it did. ' - Mr. Uleck stated that the redevelopment of downtown started before 1985. Mr. Newbold stated that he had papers with him that go all the way back to 1984 regarding the moratorium - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 and the redevelopment as well as the Central Business District. Chairman Thompson stated that the redevelopment of downtown was an issue back when he was a boy. Mr. Newbold stated that Ms. Ruiz had no idea what the future would bring when she bought the property. The City could only advise her as far on what was on the books at the time she inquired. Chairman Thompson was concerned about the other property in that area. Mr. Newbold explained that if those businesses keep their license current, they would not be coming in for variances. He further explained that as long as a license is kept in effect, the business can change hands and still operate. The license can simply be renewed each year. In answer to Chairman Thompson's question, Mr. Newbold stated that the Central Business District came into being in 1985 just before Mrs. Ruiz got her business. Mr. Eney was concerned about the statement in City Attorney Rea's letter regarding the possibility of structural damage in Ms. Ruiz' building. Mr. Newbold clarified for the Board that they should not be concerned with this statement. The only issue before them was in regard to the parking lot variance. When Ms. Ruiz applies for a permit or license, the Building Department will ensure that the building is sound. He further stated that the building is an old one and it looks good from the outside. Mr. Newbold stated that Ms. Ruiz had asked him just what type of business she could legally operate in her building. He was not able to answer her question due to the research which would have been needed to give her an answer. He pre- ferred to have her submit a request for a specific purpose and he could then address that issue. Mrs. Solomon clarified that at this time the Board is only considering the request for the parking variance and Chairman Thompson agreed. Ms. Ruiz again stated that she felt that 5 parking spaces would be adequate for her building. She also had some space to the side which was currently being used for parking. The City preferred this not be used due to the safety hazard which would come from backing out into the street. There was some discussion regarding the landscape code. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 Mrs. Lewis asked if the code had been changed after Ms. Ruiz bought the property. Mr. Newbold stated that at the time Ms. Ruiz~decided to buy the property, the City advised her according to the laws in force at that time. By the time she had closed on the property the Central Business District was in effect. As no one wished to SPEAK IN FAVOR OF the variance, Chairman Thompson asked if anyone wished to speak AGAINST the variance. Lou Samyn, 147 S.W. 25th Avenue, stated that he owns a busi- ness across from Ms. Ruiz' building. He wished to go on record as stating that when the fish market was in business at that location, traffic was a real problem. He wanted to be sure that there would be no problem with the parking if the variance is granted. Chairman Thompson stated that the Board cannot promise that. They consider a request on the 6 criteria he presented earlier. Any violations which might come up would be enforced by the Police Department, the Codes Enforcement or other Building Department personnel. Mrs. Lewis noted that she remembered the fish market at that location and she also recalled that they had many trucks and numerous employees. There had been a traffic problem with that business, but she felt that Ms. Ruiz' business would not create those type traffic problems. As no one else wished to speak FOR or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Chairman Thompson stated that he wanted to be sure all questions had been answered so that a decision could be made on this request at this meeting. He did not feel that the building should have to be torn down and he felt it was pre- sentable at least from the outside. He also recognized that the City has a very strict beautification program. The City has been criticized by some for being so strict. Mr. Eney felt that a time limit should be set to limit the request to a specified time. He was concerned that a FOR SALE/FOR RENT sign was on the building. Mr. Uleck was concerned about the number of spaces due to the two apartments upstairs as well as the business. Chairman Thompson stated that was not the concern at this time. The City has said that 9 spaces are required. It is up to the Board to decide whether to grant the variance as requested. - 5 - MINUTES - BOARD OF ADJUSTMENT BO~TON BEACH, FLORIDA AUGUST 8, 1988 There was further discussion regarding the parking regula- tions as they relate to various businesses. Mrs. Lewis stated that she would be in favor of granting the request due to the hardship placed by the City and the new landscape requirements. This has caused a problem as Ms. Ruiz was ready to buy the property when the rules were changed, and she was not aware of the changes. Mr. Newton was in favor of granting the request based on the hardship. Mrs. Solomon moved to grant the variance for the 4 parking spaces submitted by Ms. Ruiz. Mr. Newton seconded the motion and a roll call vote was taken by the Recording Secretary as follows: Mr. Eney - Aye Mrs. Lewis - Aye Secretary Mearns - Aye Mrs. Solomon - Aye Chairman Thompson - Aye Mr. Uleck - Nay Mr. Newton - Aye Motion carried 6-1. Chairman Thompson noted that the Board had voted to grant the variance only. All permits and licenses must be requested through the Building Department. PENDING REQUEST FOR FUTURE MEETING - SEPTEMBER 12, 1988 Mr. Newbold stated that there was a possibility of one case to come before the Board next month It was not definite at this time. · ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:15 p. M. Peggy Cressman Recording Secretary (Two Tapes) - 6 -