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Minutes 01-13-86MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 13, 1986 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis George Mearns Ben Uleck Raymond Eney, Alternate Danny O'Brien, Alternate Bert Keehr, Deputy Building Official ABSENT Paul Slavin (excused) Chairman Thompson called the meeting to order at 7:00 p.m. He introduced the Deputy Building Official, Members of the Board and the Recording Secretary and recognized the presence in the audience of Councilman Carl Zimmerman. Mr. Eney sat in Mr. Slavin's place on the Board. MINUTES OF DECEMBER 9, 1985 Mr. Mearns moved, seconded by Secretary Gordon, to adopt the minutes as received. The motion carried 6-0, with Vice Chairman *Should be Ampol abstaining from voting, as he was absent*from that meeting, excused. See ANNOUNCEMENTS 2/11/86 Minutes. Chairman Thompson said there was a full Board voting at this meeting, and it takes five to grant and three to deny the request being made. He read the six criteria on which, in addition to an on-site visit, the Board Members reach a decision. NEW BUSINESS - PUBLIC HEARING Case 994 Applicant: Royal Petroleum, Inc. Agent: GBS Architects Legal Description-. Address-. Lots 10-18, Block 2, less the N 10' road Right-of- Way, BOYNTON HEIGHTS ADDITION, as recorded in Plat Book 10, Page 64, Palm Beach County Records 306 W. Boynton Beach Boulevard Request: Relief from C-2 zoning requirement of 30 foot front setback to be reduced to 10 foot front set- back for construction of new canopy - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 13, 1986 Secretary Gordon read the application and answers to questions. Mr. Don Hearing of GBS Architects, Landscape Architects, Planners, Inc., of Jupiter, Florida addressed the Board and said his client desires to upgrade the existing facility at this site by replacing the existing canopy with one more esthetically com- patible wit~ the area. The present canopy is leaning up and at an angle, henCe, the lights and glare shine oUt on the street and surrounding residences. Royal Petroleum. feels a square one would be more contemporary; they also plan to relandscape the entire site, erect a new project identification sign which would be less obtrusive and provide a new dumpster screen wall faci- lity. Mr. Hearing felt this request met the criteria read aloud by Chairman Thompson earlier. He said this was an existing faci- lity on which a hardship was placed by a city-initiated zoning change after the service station was built. It will not inhibit theJheatth, safety and welfare of people, but rather would improve the quality of life by enhancing the view of Boynton Beach Boulevard. Elevation sketches of the proposed new canopy were shown. Mr. Uleck wanted to look closely at the drawings, as he had no information on the construction plans. Other Board Members looked at the site plan, and there was discussion. Mr. Dan Bryant, Vice President and General Manager of Royal Petroleum, Inc., said they are a Florida Corporation, not a sub- sidiary and affiliate of Texaco, Inc.; they have been doing busi- ness in Florida for 25 years and are located in Lake Worth. He said they paved the lot, painted and cleaned the building and cleared the vacant lot. It is nonconforming now and will be when they are through improving it, but it will look a lot better for Boynton Beach and Royal Petroleum. Mr. Ampol read a letter he had received, but it was discovered that communication pertained to a different case. Chairman Thompson clarified that the applicant proposes to remove the present canopy and replace it with a new one, both of which would be nonconforming. The new canopy would not protrude further to the north or east than the present one. In response to questions, Mr. Keehr said the existing structure was built in 1967, and the zoning change was made in June, 1975. At the time it was built, a 10-foot front setback was required; therefore, the structure was in conformance. Mr. Uleck thought the appearance of the site would be improved with the new canopy with recessed lighting and the other proposed - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 13, 1986 improvements. Mrs. Artis said the company can continue to operate as they are and become more of an eyesore as the struc- ture gets older, or the Board could grant the variance and the company could have a better-looking place of business on our main thoroughfare. Chairman Thompson said, if a hardship had not been placed on the applicant by the City, granting a variance would be conferring on an applicant special privileges that are denied to others. Mr. Mearns confirmed that this is to be a self-service station and mentioned the importance of a canopy for that type of station as protection against the elements. Chairman Thompson said the present canopy is acceptable because it was built in conformance to the code at that time; but now that it is proposed to be demolished, it should be in cOnformance with the present code. Secretary Gordon moved that the variance be denied, as no hardship was caused by the City and he would not want to break the code. Vice Chairman Ampol seconded the motion. Mrs. Dunai took a roll call vote, and the motion carried 6-1. Mr. Eney voted against the motion. The request for the variance was DENIED. Mr. Hearing asked if they have the right to appeal this to the City Council, and Mr. Keehr replied they do not, that it could be appealed to the Circuit Court. ADJOURNMENT As there was no further business to come before the Board, Secretary Gordon moved, seconded by Mrs. Artis, to adjourn the meeting. The meeting adjourned at 7:50 p.m. June Dunai Recording Secretary (one tape) - 3 -