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Minutes 06-13-88MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, PINELAND PLAZA, BOYNTONBEACH, FLORIDA, MONDAY, JUNE 13, 1988 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman Lillian Artis, Vice Chairwoman Raymond Eney George Mearns Ben Uleck Janice. Lewis (Sat in audience) James Miriana, Alternate (Voted) Thomas C. Newton, Alternate (Voted) ABSENT Henrietta Solomon (Excused) 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, He informed everyone that because of a possible conflict of interest, Janice Lewis, Member, was sitting in the audience. Chairman Thompson recognized the presence in the audience of Commissioner Robert Olenik, Jr.; George Hunt, Assistant City Manager; Arthur Berman, Chairman, and Pearl Wische of the Community Appearance Board; and Lee Wische, Member of the Recreation and Parks Board. Chairman Thompson informed the audience that there was one case before the Board, and the Board would make a decision tonight on the case. Any three votes could deny the request, and it would take five votes to pass it. It is not a majority vote. He stated that the Members base their decisions on what they see as they go out and review the case in question. Chairman Thompson read the six criteria upon which the Members base their judgment. MINUTES OF APRIL 11, 1988 Secretary Mearns moved to accept the minutes as presented, seconded by Vice Chairwoman Artis. Motion carried 7-0. ANNOUNCEMENTS Jan Lewis informed everyone that Henrietta Solomon is out of town. Chairman Thompson asked that she be excused. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 COMMUNICATIONS None. OLD BUSINESS None. Case $125 - Owner: Agent: Request: Proposed Use: Location: Legal 240 North Congress Avenue Phoenix Enterprises of Boynton Beach, Inc. Roland Reinhardt, President Relief from Appendix A - Zoning, H. Provision of Off-Street Parking Spaces (number of spaces required) Restaurant 240 North Congress Avenue Description: See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk Secretary Mearns read the application and the responses to the six questions in paragraph 5. -George Hunt, Assistant City Manager of the City of Boynton Beach, stated that the fact a staff person was representing the applicant made it an extremely unusual and complicated case. He asked the Board not to hear the case this evening but to continue it until after the City Commission considers a corresponding issue involved in the case, which they will do on the evening of June 21, 1988. Mr. Hunt commented that Mr. Reinhardt's case has been with the City for almost three years now, and Mr. Reinhardt's representatives have struggled to find a solution. Mr. Reinhardt is in the Bavarian House, and he signed a shared parking agreement with the Forum Shoppes in 1984. That took a great number of his parking spaces and reserved them for future use for both the four story office building that has never been built by the Forum Shoppes, as well as the theater, Winn-Dixie, and everything else. The City got it- self into this peculiar technical jam. Mr. Hunt elaborated on the empty spaces and said the City is telling Mr. Reinhardt, technically, that he does not have enough space for his customers, which is not true. The City revisited the shared parking agreement. Mr. Reinhardt hired - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 Kimley Horn & Associates, Traffic Engineers, at great expense to himself, and they did a complete reanalysis of the shared parking agreement. Mr. Hunt said it was now the City Staff's recommendation to the City Commission that Mr. Reinhardt does meet that Code, and he meets it substantially. Mr. Hunt believed the surplus is 64 spaces° If the City Commission evaluates that shared parking facility and agreement the same way the City staff has and concurs with the staff's conclusion that everything is OK there, on the 21st, Mr. Reinhardt will be granted acceptance by the City Commission. Mr. Hunt stated that then all will be well, and Mr. Reinhardt's appearance before the Board for a variance will become a moot point. Mr. Hunt explained that the reason Mr. Reinhardt was kept in the process with the Board of Adjustment (BOA) was if the City Commission does not wish to consider the shared parking philosophy, (and there are arguments for and against it), then Mr. Reinhardt will need a variance from the BOA for 15 or 16 parking spots in order to go ahead with his plans. His plans are to franchise the Bavarian House, as it now exists, out to a national chain restaurant. That is the reason Mr. Reinhardt wants to go to 250 seats and the reason why he needs the additional parking spaces. Mr. Hunt thought the City had the problem solved. He thought the Planning and Zoning (P&Z) Board would hear the case tomorrow (June 14, 1988) and react favorably. Mr. Hunt anticipated a favorable recommendation from them to the Commission. In the past, the Commission has indicated to the City staff that they are interested in seeing this problem resolved. Consequently, Mr. Hunt felt they could anticipate a postive reaction from the Commission on the 21st. In all likeliness, the City will suggest to the BOA that there will be no need to meet. If there is some reason to meet, he would like to keep Mr. Reinhardt in the process because he has been there almost three years now. Mr. Hunt explained that the reason the Members were here to hear the case was because the City hated to take Mr. Reinhardt out of the process beforehand and have the Commission decide they are not interested in the share park- ing agreement and have Mr. Reinhardt have to start the variance all over again and add another two or three months to his overall process. He asked the Board to continue the case to some date they deemed appropriate, as quickly as possible after June 21st. Mr. Hunt added that perhaps they would not have to meet at all. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 Chairman Thompson pointed out that the application had been read, and he said the Board does not carry over a case from one meeting to another. The Members have been told by past City Attorneys that anything that they start, they must end. Mr. Hunt guessed there was a subtle distinction between carrying a case over and continuing a case. Essentially, they would be deciding to continue the case (hear it, but not hear it this evening, and hear it next week or the week after). Mr. Newbold explained that by continuing the case, it would not have to be readvertised, and it would be legal for the Board to do that. Chairman Thompson reiterated his argument and referred to workShops the Members had attended and a prior case. There was discussion. Mr. Hunt suggested that he could have the City Attorney send an opinion to the Board that they have done the reasonable thing by continuing the case, at the City's request° He elaborated. Mr. Mearns commented that the Board could be setting a precedent. Mr. Uleck reiterated Chairman Thompson's argument that the Members had been told that if a case is brought up, it must be settled at the time of the meeting. He referred to a booklet all of the Members had received and said there was a paragraph that said the Board had the right to give variances or not to give variances. If the P&Z Board did not give it, that was why it came to this BOard. It was up to this Board to settle it, and not the City Commission. Mr. Uleck emphasized that the BOA has the right to settle any variances that_come to the Board. It was up to the BOA to decide, not the Commission and not the P&Z Board. Mr. Hunt agreed with Mr. Uleck and clarified that what the P&Z Board and the City Commission would be considering would not be the variance. It is an extremely complicated case, but the P&Z Board and the City Commission will be discussing the shared parking agreement. Mr. Hunt explained shared parking. Mr. Mearns asked if that would be shared with others, where they agreed on the amount of parking spaces for those areas. Mr. Hunt answered affirmatively and said it goes back to a study in 1984 that was done by the Forum Shoppes, when they built the theaters and proposed the office building. What Kimley Horn did in their analysis for Mr. Reinhardt was discover an error to the tune of 23 parking spots. They - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 restriped the lot and added an additional 24 spots. They realigned the lot and came up with 64 additional spots over the 1984 study. This Board was not considering the shared parking study, and Mr. Hunt explained that now Mr. Reinhardt is in the position of needing 16 additional spots that he cannot find a way to get, in order to get the 250 seating he needs. The BOA would be considering those 16 slots and whether granting Mr. Reinhardt would cause the lot any problem or crowding or be unfair in any way. Chairman Thompson stated that the problem was not the park- ing lot now but the position the Board was put in. Mr. Hunt explained that Mr. Reinhardt filed the application for variance about six weeks ago, and he also filed his applica- tion for the new shared parking lot agreement at the same time. A decision had to be made as to whether to do one after the other or both at the same time. Because Mr. Reinhardt had been in the process for so long, he had to keep going back to get new studies, and his objectives and needs changed. The City decided it was prudent to make both systems current. That was why the BOA was in the position of considering something that they would not know would exist until the 21st of June. Chairman Thompson stated that Mr. Hunt was asking the BOA to wait for the future. Vice Chairwoman Artis recalled that other cases have been postponed by the City Commission. In light of the BOA Board acting on this, Mr. Eney wondered what the action of the P&Z Board and City Commission would be. Mr. Hunt answered that they would be acting on something entirely different. The BOA's variance would become operative only if the P&Z Board and City Commission elect not to grant the shared parking study. If they grant the shared parking study, there will be plenty of spaces there. Chairman Thompson understood Mr. Hunt to say that if the BOA makes a decision to grant the request, the City Commission, in their future meeting, can change it. Mr. Uleck advised that if the BOA made the decision tonight, it would be final. Mr. Hunt agreed that it would be over as far as the variance would be concerned, but the shared park- ing study was not part of tonight's agenda. He explained. Admittedly, Mr. Hunt said Mr. Reinhardt has been dragged through a great many processes. A number of people entered into a shared parking study, and someone took advantage of Mr. Reinhardt. If the BOA grants the variance, Mr. Hunt - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 told Mr. Uleck that regardless of the Commission's action, the resolution has been decided. All they were talking about was the 16 spots. Mr. Uleck did not know why they could not continue this meeting and vote on whether to give them the variance or not give them the variance. Mr. Hunt responded that was the Board's option. There was discussion among the Members. Mr. Hunt guessed the basis was that if Mr. Reinhardt gets the shared parking, he will be under one set of rules. If he does not get the shared parking, he will be under a different set of rules. If he comes under the second set of rules, the BOA will have the final, absolute say. If that is the case, he will need 16 spots, and he will need to get them from the BOA. Personally, Chairman Thompson wanted an opinion on this from the City Attorney. As Chairman of the Board, he hoped he was not belittling the Board in anyway because the Board knows its rights. If it was agreeable with the other Members, Chairman Thompson suggested that the BOA conclude this with the understanding that they must get a report from the City Attorney on it. Mr. Hunt promised that the Board would have the report within a week. Mr. Mearns did not see why the Board would need the report. Mr. Newbold showed where it was indicated on page 27, 1308.2.3 of the Zoning Board Power Manual, Actions by the Board, Findings Required, by Frederick H. Blair, Jr., that the BOA shall make a decision within a reasonable time thereafter, not to exceed 30 days. Mr. Eney observed that was written by a man that has nothing to do with the City. Chairman Thompson stated that Mr. Blair is a specialist in his field, but he is not the authority in Boynton Beach. Mr. Blair was at one of the workshops in Boynton Beach. Chairman Thompson suggested the Board continue the meeting until after they get a response from the City Attorney on this. He was in agreement with this simply because it was the City. Mr. Hunt apologized and apprised the Members that when the City thought of this concurrent idea, they did not realize it would put the BOA in any type of uncomfortable or comprising position. Hopefully, the BOA will not have to be bothered with the case again, and it will become a moot point. Chairman Thompson referred to another case. If they continue these cases, Mr. Uleck predicted it would be brought up many times, and they were told they must complete the case if it comes to them. This has been on the books for 30 days. Mr. Uleck stated that the Members on - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1987 this Board were as good Judges as the P&Z Board and the City Commission. Mr. Hunt repeated that what this Board was being asked to rule on was not what they were asking the other Boards to rule on. There were further comments. Case Continued Chairman Thompson asked for a show of hands to continue the case until a later date. The vote was 6-1. Mr. Uleck did not raise his hand. Mr. Hunt stated that any interested parties could call the City Manager's Office to find out when that date would be. Glenhurst Development Sander Mednick, Attorney for Glenhurst Development, Weiss & Handler, P.A., 1499 West Palmetto Park Road, Suite 230, Boca Raton, Florida 33486, said Glenhurst Development owns the parcel east of the applicant's parcel, upon which a four story office building would have been constructed if a site plan had been submitted. He was in total agreement with what Mr. Hunt was asking the Board to do tonight, par- ticularly on the basis that they thought it would be more prudent for the City to consider the parking study which has been done and placed upon the applicant other conditions which the BOA was not aware of at this moment, including improvements to the parking facility in the form of restrip- lng or otherwise which can be accomplished through negotiation under the shared parking agreement. Attorney Mednick applauded the Board's decision. Discussion Mrs. Lewis wondered if the Board would have to have a meet- ing to say the matter was resolved, and she questioned whether it would have to be in the Board's minutes. There was discussion. Mr. Hunt advised that it will be on the next meeting's agenda. AD JOU RNME NT There being no further business to come before the Board, the meeting properly adjourned at 7:45 P. M. Patricia Ramseyer ~/ Recording Secretary (One Tape) - 7 - Location: 240 North Congress Avenue A parcel of land iF the Northwest Quarter (N.W. ~) of Section 29, Township 45 South, range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: From the Northwest corner of Section 29, Township 45, South, Range 43 East, City of Boynton Beach, Palm Beach county, Florida, a point on the centerline of the 100 foot right- of-way of Congress AVenue, run S.0°58,29,,E. along the West line of Section 29, and said centerline of Congress Avenue, a distance of 322.06 feet to its intersection with the Southerly line of the 106 foot right-of-way of State Road 804 as same is recorded in Road Plat Book 2, Pages 217 - 220, Public Records, Palm Beach County, Florida; thence continue S.0°58,29-E., along said line, a -distance of 500 feet to a point; thence N-87°54"06"E., 60.04 feet to the Easterly right-of-way line of Congress Avenue an~ the Point of Beginning of the described parcel of land; continue thence N.87°54,06-E. 225 fee~; thence run S.0°58,29-E. 140 feet; thence S-87"54'06"W. 225 felet; thence N.0"58,29-W., 140 feet to the said POINT OF BEGINNING. ADDENDUM A