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Minutes 08-08-83MINUTES OF THE BOARD OF ADJUSTmeNT MEETING AT CITY HALL~p BOYNTON BEACH, FLORIDA, MONDkY,. . AUGUST 8i' 1'983~', AT 7:0.0 PRESENT Vernon Thompson, Jr., Chairman Bert Keehr¢ George Ampol, Vice Chairman Deputy B~il.ding Official George Mearns City of Boynton Beach Joseph Moore Leo Grossbard, Alternate ABSENT Robert Gordon, Secretary (Excused) Paul Slavin (iExcused) Harold Weinberg (Excused) Lillian Artis, Alternate (Excused) Chairman Thompson called the meeting to or.der at 7:00 and announced that there was a quorum tonight as Leo Grossbard, Alternate Member, would be taking the place of a regular Member. INTRODUCTIONS Chairman Thompson introduced Bert Keehr¢ Deputy Building Official, the regular Members of the Board, the Alternate Member of the Board and the Recording Secretary, The Chairman recognized the presence of the Vice Mayor¢ Carl Zimmerman, Councilman Joe deLong and City Clerk, Betty Boroni. In noting the excused absences of three regular Members and one Alternate Member, Chairman Thompson called attention to the fact that this evening, there must be five ([5['votes that are in favor of a request in order for it to be granted¢ otherwise it would be denied. MINUTES OF BOA'RD OF' ADJU'STMENTMEETING'6/i'3'/8'.~ Mr. Mearns moved to accept the Minutes of the ~une 13~. 1983 meeting as submitted. Mr. Grossbard seconded the mot[on and the motion carried 5-.0. MINUTES OF THE SPECIAL BOARD' 'OF' ADJUS'T~NT ~ET:ING Vice Chairman Ampol moved to adopt the July 11, 1983 Minutes of the Special Board of Adjustment Meeting. Mr, Moore seconded the motion, The Motion carried 4~0 with Mr. G-rossbard abstaining as he was not present at that meeting. C~SE' WITHDPCAWN Applicant: Georgette L. Eckenwiler Request: Reduced Setbacks - Request for Variance Location: 627 S',W. 4th Avenue MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1983 Chairman Thompson made known the fact that Applicant~ Georgette L. Eckenwiler, had withdrawn her application. The case would not be heard at all. PUBLIC HEARING PROCEDURE The six (6) criteria on which the Members of the B~ard of Adjustment base their decisions~ were read by Chairman Thompson. PUBLIC HEARING Parcel ~3, Case ~37 Applicant: Dale R. Winters Request: Relief from lot area requirement of 10,000 sq.ft, for M-1 zoning to 7,103 sq. ft. area for construction of building in accordance with zoning category Proposed Improvement: Construction of a building in accordance with zoning category Location: 359 Industrial Avenue Vice Chairman AmpOl read from the application as follows: "Property involved: Lot 9, S/D Boynton Industrial Park, Plat Book 25, Page 232, or otherwise described as follows: Address: 359 Industrial Avenue Property is presently zoned: M-l, Formerly Zoned: M-1 Denial was made upon existing zoning requirements frc~ which relief is required: M-1 zoning requires 10,000 sq. ft. lot area. Nature of exception or variance required: The subject lot has 7,103 sq. ft,, therefore~ a variance of 2,897 sq. ft. is required. Proposed improvement: Construction of building in accordance with zoning category, Date: 6/6/83 Signature of Applicant: Dale R. Winters" Answers to the six questions Applicant Winters responded to, were also read by Vice Chairman Ampol as follows: "A. Due to the size of this particular lot (Lot 9, of Plat Book 25, Page 232, of the Public Records of Palm Beach County) which does not meet City building codes for the min~ square footage. All other land available in the same industrial park is too large for my economical standpoint, therefore unaffordable. - 2 - MINUTES - BOARD OF ADJUST~{ENT BOYNTON BEACH, FLORIDA AUGUST 8, 1983 '~B. These conditions and circumstances existed before this particular lot became available to me. C. The granting of this variance will make this eapty lot ~s~t~.~ for a profitable business to serve the local community. D. If the variance is not granted, the business to be placed~ on this lot will be unable to continue serving the City and local cc~munity, as we are unable to continue operating at our present address. D. If the variance is granted, all improvements to this lot will meet and/or exceed City and County building and zoning codes. F. The granting of this variance will be in harmony with the surrounding area. The building will be of the same type as neighboring buildings and the lot will be neatly landscaped." Chairman Thompson asked the applicant to come forward and relay anything that'he feels might improve his position in order for the Board to grant him a variance, Mr. Dale R. Winters, 1600 N.W. 24th Street, Boynton Beach, came forward. He told the Board that he would like to expand his business. Inasmuch as it is cramped and he has growing pains, Mr. Winters explained that this lot would be ideal for what he would like to do. Chairman Thompson clarified which lot it was on Industrial Avenue. Mr. Winters stated that right now he is using it for storage in connection with his regular business which is auto body repair and refinishing. In answer to Mr. Mearns further queSt±ons~ ~4r, W~nte.rs .adv~ .ed that his present business is located approximately seven 1Qts down from where this e~pty lot is on I'ndust~ial Af~enue~ Chairman Thompson seemed t~ recall that many of these having small busines~ses on them~ came be-fo~e t/~e BQard of Adjustment reques~ting variances Deputy Building Official Keehr concurred and said ' al~"these lots were. confo~ming as of 1975, It was only after that time that they became nonconf~o~ ing. After answering further questions, Applicant W~nters .stated that he has not purchased the lot yet, Eve~th~ng is~ pending on this variance. In answe~ to ~r. ~4oore~S queSt~on~ M~, Winters: stated that it is his intention to construct a building on this lot. Mr. Grossbard asked Deputy Building Official Keehr if the applicant could construct a building on ~h~s~!o~,'.'~would~it conform to the CitY'~s Zoning Codes. Mr. Keehr MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1983 replied affirmatively. As this was a Public Hearing, Chairman Thompson asked if there was anyone else in the audience who wished to speak IN FAVOR of granting the variance. There were no responses. Chairman Thompson ascertained that there was no one in the audience wishing to speak AGAINST the granting of the variance. It was determined that there was no correspondence as such. THE PUBLIC HEARING WAS CLOSED. After the year these lots became nonconforming, Mr. Grossbard asked if any variances had been granted. Since Deputy Building Official Keehr has been on the Board, 1976, he could not recall, off hand, if another variance had been granted. Mr. Grossbard ascertained that all the lots in this lo~ation were the same size. Vice Chairman Ampol has been on the Board since 1973 and seemed to recall that a variance was granted in that location on a piece of property zoned Light Industrial. Chairman Thompson made reference to the property to the south of the subject lot. ~ It is Owned by an oil company who have been there for years and have no intention of selling any property. Most of the owners, Chairman Thompson believed, have the same thing in mind; that is, one day to build miniature business space in the industrial park. From an aesthetic standpoint, it was Mr. Mearns belief, that it would be an improvement from what is presently there. Chairman ThOmpson agreed. Mr. Grossbard moved to approve this variance. Vice Chairman Ampol seconded the motion. At the request of Chairman Thompson, Recording Secretary J. ackson took a roll call vote as follows: Mr. Mearns - Aye Mr. Grossbard - Aye Vice Chairman Ampol - Aye Chairman Thompson - Aye Mr. Moore _ Aye The motion was unanimously approved, 5-0. The variance was granted. Parcel ~2, Case 938 Applicant: Graham H. Milner -Request: Relief from rear yard setback requirement of 25' for R-1AAB zoning to 21.3~ rear yard setback for additional room - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA ~U~UST 8~ 19~83 Location: 3386 Church Hill Drive Inasmuch as Applicant, Graham H, Milner~ was .not in thee audience, Chairman Thompson suggested that th~ Board wait approximately five minutes, Vice Chairman ~pol ag~eed~and stated that most people think the Board of ~djustment-meets at 7:30 P.M., the same time as the City Council holds its- meetings. After a five minute recess, Chairman Thompson resumed the meeting. Vice Chairman Ampol noted that,~ inasmuch as it was now after 7:30 P.M., and t'he applicant had not arrived, he would make a motion that the case not be heard tonight. Vice Chairman Ampol so moved. Mr. Grossbard seconded the motion and the motion carried 5-0. Deputy Building Official Keehr ascertained that it would not be necessary to readvertise this case in order for it to be heard at the next meeting of the Board of Adjustment, Monday, September 12, 1983. A discussion ensued regarding attendance at the September 12th Board Meeting. Board Member, Joseph Moore, noted that he expects to be in England at that time. ADJOURNMENT With no further business to come before the Board, the meeting was properly adjoUrned at 7:35 P.M. Respectfully submitted, Vi~gini ~. Jackson, Recording Secretary (One TaPe)