Loading...
Minutes 01-14-85MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 14, 1985 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Ben Uleck Paul Slavin Danny O'Brien, Alternate James Vance, City Attorney Bert Keehr, Deputy Building Official ABSENT Lillian Artis, Excused Chairman Thompson called the meeting to order at 7:00 P.M. and intro- duced the Members of the Board, Bert Keehr, Deputy Building Official, and the Recording Secretary. He recognized the presence of Mayor Carl Zimmerman and Councilman Nick Cassandra at the meeting. He said the Board had two cases to consider and pointed out that in voting there is not a majority vote--two are required to deny a request and five to grant a request. MINUTES OF DECEMBER 10, 1984 Vice Chairman Ampol made a motion to accept the minutes of the last meeting as received, and Mr. Slavin seconded the motion. The minutes were accepted unanimously. PUBLIC HEARING Chairman Thompson announced that Cases No. 72 and 73 are before the Board tonight, and he read the list of six criteria on which the Board makes its judgment, in addition to what they find when they go out to view the property in question. CASE NO. 72 Location: The South 281.50 feet of the North 873.0 feet of the East 324.94 feet of the West 377.94 feet (as measured at right angles) of the Northwest Quarter (NW~4) of the Southwest Quarter (SW~4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida; less the following described; to wit: Begin at the Northwest corner of the above described; thence run Easterly, along the North line of the above described, a distance of 19.61 feet to the point of tangency of a curve, con- cave to the Southeast, having a radius of 20 feet and a central angle of 88 51'45"; thence Southwesterly along the arc of said curve a distance of 31.02 feet to a point in a line tangent to said curve; thence Northerly along said tangent line a distance of 19.61 feet to the point of beginning. Containing 2.10 acres, more or less2 - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Address: Request: Proposed Use: 3660 South Congress Avenue Relief from zoning regulations, Appendix A - Zoning - Code of Ordinances, Section ll-H, Paragraph f(5) requiring 63 parking spaces for the gross floor area of this warehouse, to be reduced to 51 parking spaces. Mini-warehouses Applicant: James L. O'Connor, The Storage Place, Ltd. Secretary Gordon read the application and the answers to the six cri- teria on which the Board Members base their decisions. The Code sta- tes that mini-warehouses require one parking space per 800 square feet of gross floor area, and the applicant's proposed site plan shows a total of 50,400 square foot gross floor area, which by ordinance requires 63 parking spaces. The proposed site plan shows only 51 spaces; therefore, a variance of 12 parking spaces is required. At 7:15 P.M. City Attorney James Vance and Councilman James Warnke arrived at the meeting. The applicant, James O'Connor of The Storage Place, came forward and gave his address at the subject property. He brought with him the records of the last five years, which consisted of a log of tenants' visits at the storage facility to support the statement made con- cerning numbers. He said the numbers indicate that during 1984, the latest year and the year when they had the most customers, the daily average of visits was 15.3 during the course of an 8-hour day. The estimated length of each visit is 15 to 20 minutes, in which case the hourly average of visits would be about 1.9. He said at any given time, they never have more than 3, 4 or 5 cars present; the most they recall ever seeing at one time is 10. He believes, therefore, that the 51 spaces would be several times more than would be required to operate the business. Mr. Slavin asked Mr. O'Connor if an architect drew up the plan for this final third phase, and the answer was affirmative. He then asked if the architect or engineer was familiar with the Code. The site plan was passed around for the Board Members' review. Mr. O'Connor said they cannot fit more than 51 spaces in the plan without decreasing the size of the building; 51 was the number required when the project was started. Chairman Thompson asked Mr. Keehr the date of the ordinance change, and he replied that it was in 1983, at which time two phases had been completed. The ordinance states, however, that when an existing building is added onto, the rest of the building must be brought up to today's ordinance requirement pertaining to parking, which is why the applicant must include the first two phases in the current plan. - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Mr. Ampol confirmed with Mr. Keehr that as proposed the plan would be non-conforming to the new ordinance regarding parking. Mr. O'Brien asked if there is any type of Grandfather Clause that would apply, and Mr. Keehr answered there is not. He said Mr. O'Connor showed his entire site plan in three phases originally and was building it out in three phases, two of which have already been built. Mr. Ampol asked if there were any objections when the neighbors within 400 feet were notified of this application, and Mr. Gordon replied that there was no communication whatsoever. Mr. O'Brien asked that Mr. O'Connor present his log book to the Board, and he stepped forward with what appeared to be two canvas bags, which were not opened. Mr. Slavin confirmed with Mr. O'Connor that Phase II was completed in early 1984 and asked Mr. Keehr if the Code at that point was one for every 800 square feet. Mr. Keehr answered that it was, but the policy of the Building Department is that any project that has made applica- tion prior to the passing of an ordinance does not have to adhere to that ordinance--it is not retroactive. Though the project was completed in early 1984, it was applied for in early 1983. Mr. O'Brien asked if Mr. O'Connor made application when he had his first site plan approved, and Mr. Keehr said he only made application for his first phase at that time~ he had the entire site plan for the three phases approved, but he only applied for a building permit for the first phase. Mr. O'Connor added that on the original site plan they proposed a road going around three quarters of the building, but they were required instead to put a perimeter road around the entire property, which was done five years ago. The road is in the place where the Phase III building is proposed to be. Chairman Thompson asked if you can have a site plan approved and take out a permit for only a portion of the plan, and City Attorney Vance answered that you can, and that happens often. Mr. Vance said that, as Mr. O'Connor had an approved site plan and had built two buildings pursuant to that plan prior to the modification of the ordinance in 1983, it would appear to him that Mr. O'Connor finds himself in a dif- ficult situation through no fault of his own, and it also appears that he has committed substantial funds to the construction of two thirds of this project based upon a site plan approved by the City. Mr. Slavin asked if Mr. O'Connor had an architect's drawing submitted for Phase III, and Mr. Keehr replied that would be a requirement and was submitted to the City Planner. Mr. Slavin asked if his architect knew what the codes were at the time, and Mr. Keehr said Mr. O'Connor knows the code requirements but he assumes he directed the architect to show the lack of the 12 spaces because of his belief in obtaining the variance. - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Mr. Slavin expressed concern that this could set a precedent if a developer is allowed to file a site plan with the City Building Department and start developing it several years later, although codes and ordinances may have changed since the plan was filed. He said they are not attempting to deny Mr. O'Connor and his company the right to use the land, but he questions if it is equitable to give them the variance when they could have filed a drawing for a building which would give them the required spaces. He said we could appreciate the loss in revenue of over $25,000 per year, but that is not the Board's concern; our problem is: a. Are we denying him the use of his land? b. The plan was approved almost five years ago, and what was good then is not good today. Chairman Thompson said that he also is concerned with setting a prece- dent, as Mr. Slavin had pointed out, where builders file a site plan years in advance and the City makes changes to upgrade the property. He feels that, since there is so much land in Boynton to be developed, granting this case would set a precedent. This is a concern with which the City will be confronted, and the City officials have a right to upgrade property in the City, which is exactly what they did by passing the new ordinance. Chairman Thompson asked if there were other comments, and no one spoke. He said the Chair will entertain a motion to grant or deny the request. Mr. O'Brien made a motion to grant Mr. O'Connor's request for the variance, seconded by Vice Chairman Ampol. The motion was denied by a vote of 4-3, with Messrs. Mearns, Ampol and O'Brien voting in favor of the motion. CASE NO. 73 Location: Address: Request: The North 314.76 feet of Government Lot 2, Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, lying west of the F.E.C. Railroad right-of-way. Containing 2.155 acres, more or less. 1639 North Federal Highway Relief from R-3 zoning requirement of 750 square feet per unit minimum living area to be reduced to 450 square feet per unit to construct apartment type facility (housing for needy families for short terms). Applicant: The Lord's Place Agent-. Owner: Kieran J. Kilday, Kilday & Associates T. O. Kronsbein, personal representative of the estate of Henry Otto Kronsbein - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Secretary Gordon read the application, the Justification Statement for The Lord's Place and a letter from The Lord's Place to the City authorizing Kilday & Associates to act as their agent. Bob Bentz, Architect for Kilday & Associates, showed a site plan and a typical floor plan of one of the 23 proposed units. Twenty-two of these will be for families who will be residing in the facility, and one will be for a resident caretaker. In addition to sleeping facili- ties, there will be two storage units and one office. This is an enclosed facility, protected by walls and gates, with a parking lot containing 25 parking spaces. The site location has railroad tracks on the east side, a funeral home to the south and a nursing home to the north. Mr. Bentz said there is a similar facility in Riviera Beach. He described the apartment layout and explained that the Code requires 750 square feet for apartment use. They could build a motel, which does not require the 750 square feet; but they require a kitchen facility, which does not fit in the motel category. They feel there is no real category for this type of family unit structure, which is a shelter where people will come for a six-week stay and will be working during the day. He said there will be no one at the facility during the day, and in the evening everyone will be in by a certain time. Mr. Bentz said the purpose of the facility is to get people into the work force and get them out into the "real world" to a normal lifestyle, so they are able to continue on outside of The Lord's Place--to get them back on their feet. It will provide a community service to Boynton Beach as well as the County of Palm Beach. The kitchen is important to the essence of the program where the indivi- dual family is maintaining its own day-to-day existence, as a normal family would; for this reason the units are very similar to apartment units. He said 750 square feet is more than what is necessary for the similar facility they are operating very adequately in Riviera Beach, and he passed around to the Board Members photographs of that faci- lity, which was an old motel that has been converted. Mr. Slavin confirmed with Mr. Bentz that he is associated with Kilday & Associates and that they are landscape planners and architects, according to their letterhead, and in their daily work programs they run across various codes, ordinances, etc. He questioned that, knowing what the City of Boynton Beach's code is pertaining to multi- unit dwellings, they went ahead and prepared a layout of these apart- ments which are short 300 square feet. Mr. Slavin asked Mr. Bentz if he in good conscience thinks a family could be comfortable in 450 square feet--a shortage of 35 percent--when the City says they need 750. He said he could appreciate what Mr. Bentz has done and said, but they have to go by the code and ordinances as their guide, and it seems to him they are flouting the law by coming in with such a proposition. Mr. Bentz said they are coming to the Board of Adjustment with their proposal because of the recommendation of the Boynton Beach planners. - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Initially, they had applied for rezoning of the property. He said they are proposing a family shelter, where people will stay for only six weeks; he believes this distinguishes it from apartments. This is a use they think is needed in the community and that they produced in another part of the County. Mr. Slavin said he can appreciate that, but the other part of the County has its own rules, regulations and ordinances; we in Boynton Beach go by ours, which is what we have to consider. Mr. Bentz said The Lord's Place is going to be here anyway. He thinks we need to realize this is a family shelter, which is not distinguished in any of the building codes or ordinances now, and that is why they are coming to the Board of Adjustment, whose purpose seems to be to provide variances to the Code. Mr. Gordon referred to Schedule A of the Sales Contract, which states, "This contract Us conditioned upon the buyer obtaining proper govern- ment approval which would allow the construction of 20 units" and asked if that approval has been obtained. Attorney Vance said this is standard language contained in most contracts for the sale of real estate any more in which an applicant needs a zoning change or variance; it does not affect this consideration. Mr. Ampol asked if The Lord's Place will be operated by Brother Joe, and the answer was that it would. Mr. Uleck asked why Boynton Beach was chosen as the site for this facility, and Mr. Thompson said he thought that question could be con- sidered out of order. Mr. Uleck said concerning employment, there is only one industry here, which is Motorola--a high-tech industry, so those people will not look for jobs here, but in different towns. Mr. Thompson said the only thing this Board is concerned with is the number of units and the square footage, and the questions should per- tain to the 300 foot variance. Mr. Ampol confirmed that the subject property is between the Four Seasons Nursing Home and a funeral parlor. Mr. Thompson said the applicant is properly zoned for what he is asking--the question is simply the square footage. Mr. Ampol added that he is short 300 feet per unit. Mr. O'Brien asked if they pursued a different zoning classification, would this be allowed. Mr. Bentz said he understood they would have to go to a C-3, which is a very commercial area, and their recommen- dation from the City was that they not go for the C-3 but rather go before the Board of Adjustment. Mr. O'Brien asked if they were turned down for a rezoning, and was advised they were not. The application never got that far, as they took the City's suggestion. Mr. O'Brien told Mr. Bentz there is the other avenue of rezoning, and Mr. Bentz replied that is true, but whether they would get a favorable recommen- - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 dation on that avenue or not is another question. He pointed out that this is residential use, basically apartments, with R-3 zoning. Mr. O'Brien asked Mr. Keehr if the City has an inclusion in the Code for a boarding-house type situation, and was advised that is C-3 zoning. He then asked if it would be a specific request for special exception under C-3 to go to a boarding home facility, and Mr. Keehr replied it would not be, as C-3 permits hotels, motels, apartment hotels and apartment motels provided the sleeping rooms and apartment suites shall not be used for display, lease or sale. For motel rooms, the City does not have a stipulated square footage; it is controlled primarily by parking. Mr. Bentz asked if it is correct that with a kitchen 750 square feet is required, and was advised this is correct. Mr. O'Brien asked if the zoning was changed, would he meet the code requirement. Mr. Keehr said with C-3 under hotels, motels and apartment hotels, there is not a designated required square footage with or without a kitchen. Mr. Bentz said the other reason they were discouraged from getting C-3 zoning for this area is that the City does not want commercial to jump over the railroad tracks. Mr. O'Brien said the applicant has not exhausted all of the remedies before him, and he, himself, in good conscience would not make a deci- sion. Mr. Thompson said he did not know if that is in order; the Board should not recommend. Attorney Vance added that the Board must consider the application that is in front of them. Mr. Keehr said that in looking at the definition of an apartment effi- ciency, it includes cooking facilities, and he believes that even under C-3 zoning 750 square feet would be required, as that would be concluded to be a living unit; otherwise, it would be an efficiency apartment, which the City does not have. Attorney Vance said he is inclined to agree with Mr.K'~ehr in this situation; he suggests that the matter before the Board is really based upon the use. We have a charitable institution asking for a waiver based upon the use and abilities they have, and that is what the Board should consider and say yes or no. Brother Joe Ranieri, 27th Street and Broadway, West Palm Beach, intro- duced himself and said he does not mind answering any questions; he feels everyone has the right to ask questions. The Board Members agreed there was no need to answer questions which were considered out of order. Chairman Thompson calculated that instead of the 23 proposed units, approximately 15 units could be built in this space allowing 750 square feet per unit. As there were no questions, he asked if there was anything Mr. Ranieri would like to say at this time. He wanted to remind the Board this is emergency temporary housing with a six-week stay--not permanent. They are asking for the exception because it - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 would be costly and not necessary to have 750 square feet. As far as accommodating a family, he said they have had up to 17 people share two units; they do not put people in overcrowded situations. He said there are a number of agencies who call him daily in West Palm Beach looking for housing for people who do not have homes in which to live, who are either in their car or overcrowded situations. He feels the City of Boynton Beach has an opportunity to address a problem--not only locally but nationally. He said they are the only facility he is aware of in South Florida that is offering families--from which we all come--the affordability of getting back on their feet. He added that they are here asking for this waiver or exception because it is something we all have a responsibility for and we are all involved. Mr. Ampol asked if they take in migrant workers, and Mr. Ranieri replied they take in families. He said The Lord's Place is selective, and it depends on the situation, but migrant families would probably not be the type of families they would take in, for they do not generally settle into the community. In the facility they are currently operating, about 90 percent of the people taken in have been local evictions. They feel they have a responsibility first to the community that gives them permission to stay there. During their six- week stay at the facility, the family saves 75 percent of their salary, which enables them to put down first and last month's rent and electric and utility deposits. He feels it is necessary for families to get these opportunities; for in the past many of the agencies have given a band-aid type of approach to resolve the problem, which did not solve it. Mr. Ranieri went on to say that 250 families have stayed at the faci- lity over the last year and a half, and he runs into many of them in some of our local churches who are very grateful to have had that opportunity. He said they are here because of good conscience, to enable the families to get on their feet and resolve some of the problems in the community. He said they have served the West Palm Beach area much to the liking of the County and to all of the agencies involved in that area such as CAC, American Red Cross, all of the area churches and other various agencies. He thinks it would be a very outstanding thing for the Board to give them this waiver. He invited any Member of the Board to come and look at the West Palm Beach facility, which he said, if anything, has upgraded the area. Several senior citizen women in their 80's were fearful of living in that neighborhood until they came there, but they have upgraded the facility, the neighborhood and also the feeling in the neighborhood, promoting a lot of Christian love and a lot of good feeling in the community, which is why they are so heavily supported. Mr. Ampol asked Chairman Thompson if there had been any letters or objections, and the reply was that there was no communications. - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Mr. Harry Stevens, 8878 Pioneer Road, West Palm Beach, came forward and introduced himself as a member of the Board of Directors of The Lord's Place. He said one of the questions he wanted to address was how in conscience can they ask people to live in less than 750 square feet; he stated that when people have been evicted, they do not have 450 square feet to stay in--they do not have any square feet. They have found their facility in West Palm Beach to be more than adequate. People are spending the night there and eating a meal; parents are required to find employment if they are unemployed, or they cannot stay there. They are not allowed to hang around the facility during the daytime. The basic family unit averages four people, though some- times it is just a parent and a child; the numbers of people coming in are mixed. Mr. Stevens went on to say he has seen many good things come from being associated with The Lord's Place; many people who have gone through the facility have become OUtstanding members of the community. A doctor and his family came from Nicaragua and got a job at Good Samaritan Hospital and is working toward getting his approval for practiCing medicine in this COuntry. Many people have come back gra- teful that they had the facility to go through and save the money to get a Place of their own, and isome are now supporters. Mir. Stevens said they had talked to Mr. Keebrand had gone to the Planning and Zoning Director and really had the support of the com- munity and, he thinks, a number of the Councilmen. He said he understands under the present zoning they could have a boarding house with rooms and a central eating facility, but they want to keep a family-type atmosphere. As there is no provision for number of kitchens, one option might be to bUiid 900 square feet and put two kitchens. They are not looking for looPholes, but under the Boynton Beach Code this would be allowed. He said they are trying to come through in the proper fashion at the recommendation of the Planning Director and ask for an exception from the 750 square feet to 450 square feet. Mr. Stevens added that this is a unique use, which is not in the Code book; there would not be more than one family facility in Boynton Beach, so no one would come up with anything for the Code Book. He said he thinks Boynton would be missing an opportunity if they do not take advantage of this facility. Funding has come to The Lord's Place through the Federal Government and the County, which has two units in the West Palm Beach facility that they support and to which they are able to send people to with a need. He added that The Lord's Place also administers the commodity (cheese) food program for the Federal Government in this area. He said nobody is motivated by anything but a good charitable heart. Chairman Thompson asked if anyone else would like to speak in favor. Then if anyone would like to speak against the variance. - 9 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Mr. Donald C. Dowling, an Attorney with offices in Delray Beach and living west in Boynton, came forward and said he represents Florida Four Seasons Manor, which is not a nursing home--it is a retirement home. He also represents Mr. Douglas Chisholm, President of the Retirement Home. He has been asked to make a few remarks in opposi- tion to the requested variance. He said the intentions of the~promo- ters of The Lord's Place are marvelous, and they commend them with zeal, wish them good luck and may contribute to their endeavor. However, this is a government of laws and not of men, and we are dealing with a request to change a zoning ordinance in an area that is zoned against what is being requested. He said, going to the initial question, who do these people think they are perhaps in the name of the Lord to ask for almost half of the zoning requirement this City has seen fit to enact. He said these young people who are behind The Lord's Place deserve a pat on the back, and they have the support of the Federal Government behind them. We live in an area where there is witness of the Federal Government to provide housing which has failed. He gave examples of housing built with Federal money and migrant housing which has become uninhabitable. He went through the six points the Board considers when making a decision on a variance and felt it should not be granted on any of those reasons. He does not believe the area should be rezoned to C-3 and does not believe it would be approved. He concluded that they are very much opposed to this variance. Mr. Don Combs of Scobee Combs Funeral Home, 1622 N.E. 4th Street, came forward to speak in opposition. He said it is difficult to be opposed to what the applicant's intent is; he serves on the Advisory Board of the Salvation Army. He would like to see the subject property occupied; he looked at the property himself but the square footage prohibits the building of the type of apartments he would want to build from a commercial standpoint to rent. The area has experienced some downgrading through the years; some residences are not kept up in the manner they should be. He thinks that will turn around and hopes the area will gradually resume the pride it had years ago. His firm has been at this location since 1959. He feels the zoning and ordi- nance was established for a purpose to maintain the level of the com- munity and should be observed and thinks something larger should be built--not smaller. He sid it would be detrimental to his location and the neighborhood, and he asked the Board to just enforce the ordi- nance the way it is. Mr. Charles Cloiber, who lives at 3932 Barkus Avenue, Boynton Beach, and owns a piece of property within 400 feet of the subject property, said he sees no reason for the City to reduce the requirement to 60 percent for an upcoming neighborhood. He said the desired use is good, but he sees no reason to build smaller housing which would not be appropriate for another use if the applicant,s funding changed. Looking to the future, 450 square feet housing units will not be viable living quarters for that type of neighborhood or for family units due to size. He feels 750 square feet is on the small side. - 10 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 14, 1985 Chairman Thompson asked if anyone else wanted to speak, and there was no response. He summarized that what the applicant is asking for is a reduction of 300 square feet in each unit; he confirmed with Mr. Keehr that the property would be properly zoned at R-3 with the 750 feet units. He said if there are no further questions or comments, the chair will entertain a motion to grant or to deny the request. Mr. Gordon said he is not here to break the code set up by the City of Boynton Beach and, since families would be coming and going, he thought the building would be condemned in one year. Therefore, he made the motion to deny the request for the variance, and it was seconded by Mr. Slavin. The motion carried 7-0 The request was denied. · When casting his vote, Chairman Thompson wanted to explain his answer. He said he feels a City or a person grows by carrying those who are less fortunate, so he hopes this group will find some place, if not this place by increasing the size of the units to carry on their work. , Mr. Slavin moved that the meeting be adjourned, and all voted "Aye" The meeting was adjourned at 8:55 P.M. ' Recording Secretary (2 Tapes) - 11 -