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Minutes 12-13-82MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, DECEMBER 13, 1982 AT 7:00 P. M. PRESENT Carl Zimmerman, Chairman Vernon Thompson, Jr., ~ice Chairman George Ampol Nick Cassandra Paul Slavin Leo Grossbard, Alternate ABSENT Robert Gordon, Secretary (Excused) Anthony DiSarli (Excused) Lillian Artis, Alternate Bert Keehr, Deputy Building Official City of Boynton Beach Chairman Zimmerman called the meeting to order at 7:00 P. M. and introduced the five Members present and one Alternate Member present. He also introduced Bert Keehr, Deputy Building Official (who was present to supply the Board with technical information) and Patricia Ramseyer, Recording Secretary. Chairman Zimmerman also recognized the presence of Councilman Joe deLong in the audience. CO~UNICATIONS None. MINUTES OF NOVEMBER 8, 1982 Mr. Cassandra had a multitude of corrections but thought they should let some of them go. He was quoted in the minutes as making statements which he was not involved with, but he did not know who made the statements. Mr. Cassandra thought some of the statements came from the audience, and some came from the deciding Board at that day. On page 8, 4th paragraph, Mr. Cassandra said it implied that he lives in that area. He said it should read, "Mr. Cassandra mentioned that he drove down this road." Mr. Cassandra said this should be corrected, as he does not live in that area. The other corrections Mr. Cassandra noted, he would just need to know who said what was stated. Chairman Zimmerman thought there were a few misspellings and typos. Mr. Slavln did not think they were very pertinent. There was one on page 12 in the first paragraph that Chairman Zimmerman thought would make more sense if they changed it. He said it was quoting him, and the term 'pepper qreens", the 4th line down, should have been the pepper trees that they had been talking about all evening. Chairman Zimmerman had one more correction on page 19, in the first paragraph, 3rd line. He said it refers to, "but after MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982' listinq to Mr. Greco," . ., but it should be "after listenlnq to Mr. Greco. Mr. Slavin moved that the minutes be adopted as corrected, seconded by Mr. Ampol. The motion carried 6-0. PUBLIC HEARING PROCEDURE Before starting the Public Hearing, Chairman Zimmerman said they would first have a summarization of the application by Vice Chairman Thompson. After that, the Board Will call upon the applicant or his agent to further elaborate on the application that is being presented. Then, Chairman Zimmerman continued, they usually have some mail regarding the application. This evening they had no mail. ' After that, Chairman Zimmerman said the Board gets any remarks from those in the audience that are in favor of the variance and then those that are opposed to the variance. If the agent wants a rebuttal at that time, Chairman Zimmerman thought they could also provide for that. That is the time Chairman Zimmerman said the Board closes the public hearing, and the Board takes up the pros and cons of the public hearing discussion and the information they have. A vote of five of any number that is on the Board is needed to grant the variance, Chairman Zimmerman advised. In other words, five out of the six Members must vote for an application in order for it to be granted this evening unless the Board gets the seventh Member, but it still requires five. The things they should keep in mind and which would probably be quite important to the Board's new Member (Leo Grossbard, new Alternate Member) as well, was what is given in Section 10 of the Boynton Beach..Code of Ordinances, Appendix A-Z0ning~ B. P@WERS AND-DUTIES, 3, a through ~, Chairman Zimmerman told %he .Members of the~Board. He summarized said paragraphs a through f and said the decisions of the Board should be based on them. PUBLIC HEARING Lots t25 to t27 and Lots 128 to 13~ inc, less.wty~J64.497, LAKESIDE GARDENS., recorded in Plat.Book 8, Page 57, Palm Beach County Records Request - Relief from requirement that driveway entrances be located no closer than 40' from street intersection to accommodate existing approach approximately 28~ from street intersection Address - 2508 N. Federal Highway Applicant - Workingman's Friend Oil, Inc. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Vice Chairman Thompson informed everyone that the application was received on November 23, 1982. He read from the application as follows: "Property is presently zoned C-3. Formerly zoned: C-1 Denial was made upon existing zoning requirements from which relief .is required: Section ll-L-5 / Driveway entrances shall measure no more than 45' across and be located no closer than 40' to any street intersection or nearer than 25' to any interior property line. Nature of exception or variance required: Applicant has existing approach approximately 28' from street intersection." As to paragraph 6 on the application and the response to the six questions a through f, Chairman Zimmerman asked if anyone wanted those read. There was no response. He thought maybe they would not have to read those, as everyone was acquainted with them and there were very few people in the audience. Vice Chairman Thompson further read: 'Name of Applicant: Signature of Applicant: Workingmmn's Friend Oil, Inc. 12th Floor, First National Tower Topeka, Kansas 66603 Tom G. Platis, Vice President" ~ice Chairman Thompson referred to paragraph 6 and the attached forms to the application. Chairman Thompson advised the appli- cant can bring out those points if he desires to do that when the Board calls him, which will be satisfactory. John Bulfin, Attorney for Workingman~s Friend Oil, Inc., of the law firm of Pomeroy, Betts, Wiederhold & Moses, Suite 608, 105 South Narcissus Avenue, West Palm Beach, Florida came before the Board. He informed the Board that Tom G. Platis is general counsel and is in Topeka, Kansas. Mr. Bert Keehr, Deputy Building Official, had a letter of authorization. Members of the Board also had that. Attorney Bulfin introduced Jim G'~i-nn, the Field Supervisor for Workingman's Friend Oil, Inc. in this area, and said Mr. G'~inn is very familiar with the operations of the gas station in - question, for which they are applying for the variance. He thought they would hear from Mr. GU~nn in a minute. As the Board knew, Attorney Bulfin said they were applying for a variance because there is a driveway that is in question which does not conform to the Code, specifically the 40 foot require- ment from the nearest intersection to the driveway. Chairman - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Zimmerman asked if this was one of the driveways on the curb cut off North Federal. Attorney Bulfin replied that it is the northernmost driveway of the gas station near Potter. He thought if they"would refer to the survey, they could pretty well see what they were talking about. Attorney Bulfin said there is .one entrance on U. S. 1, at the southern end. There is an entrance at the northern end,_which actually is used as an exit, because U. S. 1 is one-way, going north. Then there is another, which is actually an exit on Potter Road in the back end of the station, Attorney Bulfin continued. He said they are applying for this variance because it just would not be feasible to run the gas station with a driveway that conforms with the Code because, as they would hear from Mr. G~nn, the gas station does considerable business with large trucks, 18 wheelers, and that sort of thing. Attorney Bulfin told Members of the Board that they have gasoline trucks that have to. come in there and fill the tanks periodically; and it would be extremely difficult, if not impossible, for these type of trucks to get in and out of that station without that driveway entrance. Without that driveway, entrance, Attorney Bulfin said they would be under an extreme hardship to do business. Attorney Bulfin pointed out to Members of the Board that after they had finished doing the remodeling at the station, Mr. Austin Hutton of Highway Oil, Inc. (which is the parent corpora- tion here) received a very nice letter from Mayor Walter "Marty" Trauger dated June 3, 1982, wherein Mayor Trauger commended the work that they did out~ there upgrading the station and doing the improvements. Attorney Bulfin told the Members that Mayor Trauger wrote to Mr. Hutton and commended the corporate planning staff of Highway Oil for the outstanding renovation and lmprovemen~ that they made to the station. Mayor Trauger also said it was an investment in the City for them to upgrade their fecilities, and it greatly enhanced the highway oil image. Attorney Bulfin further reported to the Board Members that Mayor Trauger also commended them for having a courteous manager and running a good gas station. Attorney Bulfin wished the Board to hear from Mr. Guinn, as he could explain basically the operation of the gas station and why they need the particular driveway as it presently exists, because of the way the traffic comes in and out of there. He thought they could use the survey, which Members of the Board had a copy of, so Mr. Guinn could explain this. Attorney Bulfin asked Mr. Guinn to explain to the Board, using the survey which they had there, how the gas station operates, the location of the various pumps, and the hardship which would exist if the northernmost driveway were closed off. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Jim Guinn, 7776 Overlook Road, Lantana, Florida 33462, came forward and said the Members of the Board know, on their approach there, the way the trucks pull mn, and the way their station is situated, they do quite a bit of diesel business. When their trucks pull in, if that section is closed off for the traffic, Mr. Guinn said they would have no way of getting out except only to back out on the Federal Highway, Which would create a hazard. Mr. Guinn told Members of the Board that is the same way with their tankers th'at come in to unload. If they did not have ~hat lower approach down there on that lower island, Mr. Guinn said they would have to stand there and stop traffic to let their tanker back out in order to get out, because he cannot pull through the station with the cut that he gets through there on ~eaeh side of the aisle ~ and make that turn out on Potter Road, and come back on Federal Highway. Mr. Guinn stat~ed it would be virtually impossible for that tanker to come out on Potter and make a left turn or, as far as that goes, any tractor trailer on which they run ~ppr°ximately~3,000'to~5~000 gallons of diesel a~day. Mr. Guinn told Members of the Board that would just virt'ually close them down if they had to close that driveway. Chairman Zimmerman noted that Potter Road is 40 feet wide. Mr. Guinn was not sure if it was 40 feet or not. It showed 20 feet from the center line on Chairman Zimmerman's drawing. Mr. Bert Keehr, Deputy Building Official, advised that was the entire right-of-way. When they come out of their approach on Potter, Mr Guinn informed the Board Members, they have to make virtually a left turn there, and it ends right up on Highway 1. In order for a tanker to turn there, Mr. Guinn told the Board they were going to be blocking that road because part of the tanker will still be sitting on their driveway once it makes a turn. Chairman Zimmerman asked where the tanks are located a~d where the trucks unload their dumps against. Mr. Guinn answered that they unload on the right side. As you come in, from the southbound, you pull straight in uDtowards'the back of the building, going east. Mr. Cassandrla commented, "Behind the building?" Mr. Guinn answered, "Yes sir." Mr. Guinn explained that he <pulls straight off from Highway 1, going north, and he turns ~around, pulls straight in, towards the east. The tanks are on the right. Chairman Zimmerman questioned, "And then in leaving?" In order to leave, Mr. Guinn replied, he has to back out to the last island there, then swing left, and then swing out that last approach. If not, he has to go back all the way out on Federal Highway because he cannot make it with the beams they have up for a canopy. Mr. Guinn advised he cannot make that cut. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Mr. Cassandra wished to have that point cleared up for him a little more. He said, "Coming on the first ramp, and you will take that tanker and go behind that building." Mr. Guinn told Mr. Cassandra you do not gO behind it, you go right straight in the cut to straight towards the building and go on straight east. Mr. Cassandra determined the. tanker would be parallel to Potter Avenue. Mr. Guinn agreed. He added, "On the south side of our station. Mr. Cassandra asked if Mr. Guinn was saying after they unload, for him to get out, he cannot go around the building. Mr. Gulnn answered, "No sir, he can't. He has to back down to our first ~isle there, then swing out that way, and go out the approach that we are concerned with up there. If not, he's got to go out the last approach or the last aisle down there, then swing back around until he is backed out on Potter Street. Then he's got to back up a couple of times in order to make that turn to get back on Highway 1. Either that, or we would have to back him straight out on Highway 1. So his thinking would be proper, Mr. Cassandra. questioned, "He backed up and turned completely in front of the building? Right?" Mr. Guinn replied, "Right." Mr. Cassandra continued, "And then he had to go out this second ramp?" Mr. Guinn answered, "Right." Mr.~ Sla~in asked if that was ~the north ramp. Mr. Guinn replied, "Yes." Vice Chairman Thompson asked, "U. S. 12" Mr. Guinn answered, "Correct sir." Mr. Cassandra asked if Mr. Guinn was saying he would be backed up and could not go out to Potter Avenue now after he had backed up and straightened out his truck. Mr. Guinn explained that he could go out, but he would have to go to the bottom, one and.make a k±nd of a right; then it swings back left, to get out on Potter. Then he has to back up a little in order to make that turn (a complete left) to go back on Highway 1 Mr. Guinn continued. ' Mr. Cassandra asked Mr. Guinn if he would say that the aisle he is in, he has to now bear east to get off his driveway to get out. Mr. Guinn answered, "Right." Mr. Cassandra thought that driveway was rather large over there today, but he took Mr. Guinn's word for it. Mr. Guinn pointed out that they have a pole there for a canopy. Vice Chairman Thompson asked, "Where the gas is deposited to you, was this the old station (old area) of what was depositing gas to the station, or ms this the new one?" Mr. Guinn really did not know. He came down here after the station was rebuilt. Vice Chairman Thompson asked Mr. Keehr if that is the old. Mr. Keehr advised that they put some new tanks in there. Vice Chairman Thompson questioned, "But it's in the same general area?" What he meant is there is one area to deposit gas for the station. Mr. Keehr agreed. Vice Chairman Thompson asked if this was the same general area under the old station. Mr. Keehr could not recall - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 exactly what the old plan had on it, but he did recall that they did relocate and there are some new tanks. Vice Chairman Thompson did not see the dimensions. He asked what the dimensions were on the first ramp, and he asked the length of it. Vice Chairman Thompson clarified that it was the first one to the south, where the truck comes in at. He could not make out anything there. Mr. Guinn answer, ed that he would say it was about 45 feet, but he was not sure on that. Vice Chairman Thompson was looking at the survey and by the blueprint, it seemed like it might be wider than the one at the north. He asked if that was true. Mr. Guinn replied, "Yes sir." For the record and for clarification, Vice Chairman Thompson said they were speaking of the one that is in question now. He said the north one was the one in question. Chairman Zimmerman added, "The narrow one." What Mr. Slavin wanted to establish in his mind was procedure had been established where the tank truck comes in on the southend and it runs parallel to the far end how far back, he did not know. However, Mr. Slavin asked if they had surveyors measure from where the decimal point is. He noted that the street runs a little irregular and is not a straight line. Mr. Slavin asked how far in the pump islandm are from the street. Mr. Guinn answered that the first one is probably thirty foot. Mr. Siavin determined that, in other~words, they could not take this full measurement as a clear dimension. Mr. Guinn pointed out that it did not show the pumps. That was what Mr. Slavin was saying, it did not show the pumps. Mr. Guinn repeated'~hat-they have their canopy-poles, which stick out further than the pumps. Mr. Bert Keehr, ~.Deputy Building Official, advised the members that this survey did not reflect the existing station. He said the survey showed the building that used to be there. Mr. Keehr said this building has been demolished, so the dimensions they were referring %° ~were~not ±n~eXistence any longer. P ~- ~P Mr. Slavin noted i~' isaid, on April. 29, 1982, where building is located. He asked if that was right. Chairman Zimmerman explained that was the last revision of the drawing. Mr. Slavin advised that it had been revised twice, once in 1981 and once in 1982. Chairman Zimmerman thought this was the existing building. Mr. Slavin believed this was the existing building because, if they remembered, all of that was up on top of the highway (the old station). Mr. Keehr said maybe he was mistaken, He said perhaps this was the existing building not showing the canopy. Chairman Zimmerman observed that it did .not show the pump islands though. that they could see how a truck might be able to turn and go north to Potter Avenue. He Jaid the applicant claims they cannot; but there again, whose fault is that? That was what the Board had to - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 determine, Chairman Zimmerman told the Members. Chairman Zimmerman asked Mr. Guinn to proceed. all he had~ Mr. Guinn told Chairman Zimmerman. That was about Vice Chairman Thompson asked if there were any pumps to the east of the station, just behind. Mr. Guinn replied, "No sir, there are just three aisles in the front." Vice Chairman Thompson knew there were holly trees and questioned whether they were put there for a buffer zone to separate the property. He reminded the Members they were looking at it without a scale. Vice Chairman Thompson was still looking at roughly 50 feet to the east of the building behind the existing station. Mr. Slavin informed Vice Chairman Thompson he had a scale (one inch = 20 feet). Roughly, Vice Chairman Thompson said he was guessing, and he said this was an inch. If that was the case (1 inch = 20 feet), Vice Cbairman~Thompson called- attention to the fact that they had more than twenty feet back there. He asked what was preventing that truck, after it had deposited its gas~ from going behind that station. He asked if that was an overhang there. That was Mr. Cassandra's original question. If that truck made that turn there, Vice Chairman Thompson pointed out there is nothing to stOp it from going back out to Potter Avenue onto U. S. 1. From what he saw, Vice Chairman Thompson said the canopy is in the front of the building. There is none behind. Mr. Guinn agreed that there was nothing behind it. Vice Chairman Thompson said they have over 20 feet there, so he asked what is preventing it from going in the rear. In order to do that, Mr. Guinn said they would have to concrete the whole thing in order for those tankers to go out. Mr. Guinn said they could not just let them go out there on their grass. They would have to build another approach out onto Potter Road at the back of the station from where they are at in order to go all the way around the station. Unless they just bring their approach where they go out onto Potter now, they would have to move it over and back farther in order for him to swing around and tie into that one, Mr. Guinn told the Members of the Board. Vice Chairman Thompson saw their problem. He said the truck comes in, and the truck backs up, Then it has to run in front of the tanks. There is no other way because of the canopy and the islands. Either way out creates a hardship on the driver of the truck, Vice Chairman Thompson pointed out, because if he backs up, he can go straight .and he is still on an angle that way. In other words, if he comes this way, like Mr. Guinn pointed out, he has to swing that big truck and sort of "U"hook it like, which is a problem. It seemed to Vice Chairman Thompson, .in the planning, knowing that a truck was going to - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 bring the gasoline in, it should have been the ideal thing. Vice Chairman Thompson. did not recall when they passed on it the last time that the rear had to be all grassed in. He asked if any- one recalled that. Mr. Slavin answered, "No. There was no discussion on how the rear was to be finished." He believed it was left to the discretion of the oil company, and they said would grass it and plant the holly trees as a buffer and, at the same time, have the appearance of the back end of the station not to be that commercial to the property around it. Chairman Zimmerman recalled that when this company was before them, they were only concerned about one matter, if he recalled properly, and that a setback variance. Mr. Zimme~man did not recall the dimensions of that setback or even how long ago it happened. Mr. Bert Keehr, Deputy Building Official, believed the variance at that time was a distance requirement to an existing similar establishment. Whereas, the City requires 1,000 feet, and Mr. Keehr said their distance was something like 600. Mr. Keehr said the Board granted them that variance. That was to make the site conforming~with the variance so they could construct a new station. Mr. Keehr told the Board it did not have anything tO do with setback requirements. Mr. Cassandra said they were also concerned about setback beautification, to beautify the area, which was the concern that they had. He had a question to address to Mr. Keehr. Mr. Cassandra asked if they built these ramps or were the ramps already there. Mr. Cassandra was not throwing any boulders at the Building Department but he said if this was not in accordance with Section 11, L, 5 of the Code, why did they allow them to build it. Mr. Keehr answered that the plan that was approved by the City to construct showed that ramp to be eliminated, or, in other words, removed. The approved plans show that to be eliminated and show the grassed area and the landscape. However, Mr. Keehr informed the Members of the Board that it did exist before, and as of this date, this firm does not have a Certificate of Occupancy and will not receive one until either this variance is granted or the plan conforms with the approved plan. Mr. Cassandra asked if the ramp on Potter Avenue was in conformance. Mr. Keehr answered that it is, and it is following the approved plan. Mr. Ampol asked what year this was in. Mr. Keehr replied, "This year. 1982." Chairman Zimmerman added that it has just recently been rebuilt. Mr. Gulnn said they could probably build something to get their tr~ck in and out but their customers that come in with a tractor trailer, he could not see any possible way only to back them out maybe or swing them around there on Potter Road. That would be the only way they could get them in and out, Mr. Guinn told the Board. - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Mr. Guinn samd they would virtually lose them 5,000 or 6,000 gallons of diesel a week to a day - something like 3,000 to 4,000 gallons a week, and that would virtually hurt them, Mr. Guinn emphasized. "If ~your tanker came in through Potter Avenue, could it unload and go ~out the southern ramp?, Mr. Cassandra questioned. Mr. Guinn answered, "No sir." Mr. Guinn explained that the reason it was set up that way, there were tankers unloading from the right side, as they pulled in. Mr. Cassandra asked if that would be the driver's side. Mr. Guinn replied that it would be the passenger's side unless they would change it, and put that the other way. However, Mr. Guinn said there would be no switching over for just this one station. He said it would cost them so much to do that. Mr~ Gu inn said the driver could come in from Potter Street and get in that way if he could make the swing as he came in and cut back to the right on there. Mr. Guinn said this was what they were getting at, whether he could make the swing possibly. Mr. Guinn told the Board they know if he can make it. He did not really know. Chairman Zimmerman asked Mr. Keehr how much longer they can continue operating without a Certificate of Occupancy. Mr. Keehr replied this was up to the City. The fact that there was an existing station there before in operation constit.uted a problem for the City insomuch as the City has to continue power from the old to the new to keep their pumps active. Mr. Ke did this in other situations, relying on the contz complete the building~ as approved plans, and to re Certificate of Occupancy and continue its busines Mr. Keehr said electricity from this building can City because of the fact they do not have it, but City's desire to put a hardship on business people. told the Board that the City merely wants the Ordi In other words, Chairman Zimmerman determined that trying to settle this in a friendly fashion as qui Mr. Keehr said that is correct. Chairman Zimmerman asked Mr. Guinn if he had any K That was all that Mr. Guinn had. Chairman Zimmer~ one in the audience wished to speak in favor of th Mr. Slavin noted that the property was initially z asked when it was rezoned as a C-3. would be June of 1975." ehr said they actor to ceive the However, be cut by the it is not the Mr. Keehr nances met. the City is ckly as they can. ore remarks. an asked if any e request. oned C-1. He Mr. Keehr replied, "That Irene Feeney, 2424 North Federal Highway, Boynton Beach, was not quite sure whether she was in favor of it or not because she did not see the survey while he was discussing it. Ms. Feeney just came in the interest of being a good neighbor, She explained that they live behind at Inlet Harbor. As Ms. Feeney happened to be a Member of the Zoning Board of Appeals in her home town of Huntington, New York, she was quite interested to see how the Board would handle~hiS. ~She'thought"the Board was guarding the residents' wishes very Well. - - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Chairman Zimmerman said the Board had a Code to follow. Ms. Feeney commented that we all have the Codes to follow, but we can bend them at times. She was happy to see that the Codes are strictly adhered to. Ms. Feeney had no objection to the present curb cut, but she knew at times when a person comes up, they amend themr application many times to include other things. She wanted to make sure that this was the only thing the applicant wanted to change. It seemed safe enough to Ms. Feeney and did not create a traffic ha~zard. Ms. Feeney also pointed out that it certainly cannot change the property values because it has existed. Since those two things are met and it is simply a matter of the zoning, Ms. Feeney had no objection to it. She was not officially speaking for the building, only for herself, due to the fact that she said she had no objections to it. Chairman Zimmerman asked Mr. Keehr if this was the only deficiency that exists now that keeps the applicant from getting their C. O. that Mr. Keehr was aware of. Mr. Keehr replied, "That I am aware of, yes'sir. This ms the only deficiency. There are perhaps three inspections that are required yet. That would be a final Communmty Appearance Board inspection, a final electrical inspection, and a final building inspection. All three of these will take place upon this issue being settled one way or the other.' Chairman Zimmerman explained that thms is sort of at a standstill because of this point right now. Mr. Keehr agreed that was correct. Vice Chairman Thompson wanted to clear one thing. He referred to the statement Ms. Feeney made ab.out the Code that the Board is enforcing or discussing. Mr. Thompson said 'it involves driveways no more than 45 feet, and the Code is 40 feet from any street. Vice Chairman Thompson~said Ms. Feeney made a statement a few minutes ago, which he could have misinterpreted, but he thought she was saying that the Board was not making this anything unique or anything different than any other station in the City of Boynton. Vice Chairman Thompson stated that the Code the Board was enforcing was the City Code. Mr. Cassandra thought she meantwere there any other m~difications.to be added other than the sidewalk. He thought that was what Ms. Feeney meant. She was mn favor as long as this was the only thing that they requested. Chairman Zimmerman stated than it appeared to be the only request and it was the only thing involved with their decision tonight. He said they were to decide about that and nothing else. Chairman Zimmerman asked if anyone wished to speak in opposition - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 to the request. There was no response. Chairman Zimmerman also announced that there were no communications in opposition to the request. He said the Board would give the applicant a short rebuttal, if he wished at this time. Attorney Bulfin said the Board has seemed to concentrate on the problem that they have with the gasoline trucks that come in to fill the tanks, and that is a hardship. Attorney Bulfin pointed out that there is also a hardship with the private tractor trailers that come in to- get gas at the station, which would even be more of a hardship, because these guys want to get in, get their gas, and be on their way. If they have to come out there and direc~ them and send them back around PoP.tar Road and have them back up tWo or three times, Attorney Bulfin told the Board the tractor trailers would not come to their station any more. He asked the Members of the Board to take that into consideration. Mr..~ Ampol asked if there would be gasoline tanks and diesel also. Attorney Bulfin answered that there is gasoline and diesel. Mr. Ampol remarked, "That makes twice the volume then." As there were no other questions, THE PUBLIC HEARING WAS CLOSED. Chairman Zimmerman thought one thing they had to keep in mind, even though the applicant has expressed the idea that there is a hardship or two here, the Board has to consider whose fault it is. Mr. Slavln stated that this hardship was not created by the City at the moment per se' He noted that it was rezoned C-3 in 1975. According to record, Mr. Slavin said the station was originally built and opened in 1969. Between 1969 and 1975 to the present date, Mr. Slavin asked Mr. Keehr if there were any changes pertaining to C-1 or C'3 that may have affected this particular application. By that Mr. Slavin meant, in the year 1976 (he would say) and in 1977, was there a change made in the zoning or the Code that would say the exit is as shown to.be 45 feet in from the nearest point. In other words, Mr. Slavin put it very simply, and asked if they could possibly, according to record, say that this can be grandfathered. Mr. Bert Keehr, Deputy Building Official, answered that he had a Zoning Ordinance that was passed in 1962 that was carried on to 1975. That Zoning Ordinance contains the same requirements as the Ordinances do today. Back in 1962, Mr. Keehr informed Mr. Slavin it said, under "Filling Stations", the following: B_p_ynton Beach Code,_~endix A__Zonin,~b___Section ll~__L_L "5. Driveway entrances shall n~asure no more than forty-five (45) feet across and be located no closer than forty (40) feet to any street intersection or nearer than ~enty-five (25) feet to any interior property line." - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Mr. Keehr advised that reads word for word from our Ordinance today. Vice Chairman Thompson injected that it is also true that on any old construction or new construction (while old that they were discussing), that if a certain percentage of the property is up- graded, it must abide by the present Codes. Mr. Keehr stated, "That is correct." Chairman Zimmerman commented, "That eliminates the grandfather." That was what Mr. Slavin wanted to check out. Mr. Cassandra said he knows how hard it is for a tanker to pull into a garage if there is not enough turning radius (being a former dealer many, many years ago), but he knows that those tank drivers are excellent drivers and they can turn on a dime if they have to. Mr. Cassandra was concerned about safety, and he knew there might be a car being filled up at a particular point where this truck might not be able to get out. Mr. Cassandra stated that they have run time schedules, and they like to unload, get back to, and get to whatever place they unload from, load up, and get back on the next drop. Mr. Cassandra was also very concerned that the applicant did not follow the original plan. He thought they had a duty to the City of Boynton Beach saying their Building Inspectors approved a plan which said that that driveway will not be there, and that they did build this driveway. Mr. Cassandra commented that ther~ was nothing they could do about that now, depending on the decision of the Board. Mr. Cassandra thought; as some support to the City's Building Inspectors, it seemed like ~f~he¥ want them to-do~a gogd j~.ob and to follow the Ordinance, the Inspectors should be supported when they do make certain approvals on certain plans. Mr. Cassandra said the Workingman's Friend Oil Company designed, to beautify this town, something that was not really acceptable to the eye site to something that is more acceptable. He said they should have been concerned about tractors and canopies and have a little more concern about the type of customers they were going to get, but there should have been a little bit in their design factor. Mr. Cassandra expressed that he knows the economy ms bad, and to concrete 12 feet of cement in the back of that building to let that tractor go back there is a nice chunk of money. Mr. Cassandra understood that plus (he didn't know if the Members had noticed), there is a power line across there, and Mr. Cassandra did not know what the height of the power line is. He did not want any gas truck to go under any electricity in any form or shape. Those were things Mr. Cassandra was just bringing out to the open. He said they have a company who did not do ~what they are supposed to do. They have a Building Inspector that kind of leaned to try and bend backward to allow that driveway to stay there while they were building, even though they are overloaded. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 Mr. Cassandra continued by saying they have concern about how to get out to U. S. 1. Personally, he would hate to see any tanker go out to the main drag. He said he would rather go out on Potter Road south and then pull out. Some of the Members agreed with Mr. Cassandra. Mr. Cassandra said he would like to think that driver can turn a little bit and move to Potter Avenue. He stated that he knows 40 feet is more than enough if they swing wide and around. Mr. Cassandra did not t'hink that was a problem. He added that the traffic on Potter Road is much less than U. S. 1. Those were things Mr. Cassandra just wanted to talk out loud and make the people evaluate all of the points - the company, as well as the City. Chairman Zimmerman asked Mr. Cassandra if he felt, in other words, that the company was rather responsible for a lot of the trouble they are having right now. Mr. Cassandra replied, "Yes." By the same way, Mr. Cassandra further said'that the City should have stopped it and had that driveway removed from the curb. Mr. Slavin wanted to say the company imposed the hardship upon themselves. In 1969, Mr. Slavin did not know who their architect was, but he did not do his homework and check the Building Codes or Zoning Codes, or this would never be here now. Mr. Slavin called attention to the fact that the Board gave them the variance, and all they did was redo the station, but they did not take into consideration any violations of the Zoning Code. He said this could have been corrected in April. Chairman Zimmerman pointed out that they may have had a little problem of getting exactly what they wanted on that amount of acreage they have there. He called attention to the fact that it is not too large a parcel, and they probably could not secure any more. There again, they would have to limit what services they could offer to ~the amount of land ~hey_have. He said maybe they are wanting to offer too much service for the space. Mr. Slavin said their primary concern was not what the applicant's problems are. If the Members follow the City Code, Mr. Slavin said no hardship has been created here by anybody, including the City. That was #1. He said the statement was made that they will not be able to handle "X" number of trailers, tank cars, or what have you as they are doing now. Mr. Slavin expressed that this reflects a pump volume, and pump volume derives profit. However, Mr. Slavin told the Board Members this was not their concern. He said their concern' at the moment is, "HOw did this wind up the way it is?" Mr. Slavin asked Mr. Keehr if the applicant was seeking a variance of about 12 feet. Chairman Zimmerman answered, "No. The City wants them to close the northern ramp." Mr. Slavin then asked, "What is the exception for a variance required?" He read from paragraph 5 of the Application, 'Applicanthas existing approach approximately 28' from street intersection.,, Mr. Slavin questioned, - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 "They need 40 feet, right?" Vice Chairman Thompson answered, "12 feet." Mr. Slavin determined that they were looking for a 12 foot variance. Chairman Zimmerman explained that, in other words, they want to move it further south. According to the request, as Mr. Slavin interpreted it, the applicant wants the ramps so that the ingress and egress remain as is. Therefore, the appli- cant is seeking a 12 foot variance to allow that southern ramp to remain as it is. Chairman Zimmerman affirmed that Mr. Slavin was right. Mr. Keehr added the fact that the Building Department did not allow anybody to do anything. That particular ramp or approach existed, and Mr. Keehr advised there was no reason for the Build- ing Department to see that that ramp was taken out of there prior to the final 'inspection. When the final inspection was made, Mr. Keehr said that approach or ramp was existing, so it was naturally in violation. Chairman Zimmerman said their plan called for only one entrance on Federal Highway, and that seemed to be the thing that was most logical to follow through on presently, in his estimation. Vice Chairman Thompson wished to bring one other thing out. He said if this is done, the Board will be setting a precedent. He could point out several places in the City of Boynton where the City applies the same rule (backing off of the corner), which is by 10th and U. S. 1. Vice Chairman Thompson was sure it was for safety reasons. When Vice Chairman Thompson voted on this the last time, he believed the property in question was too small dimensionwise to accommodate the service station they wanted to put in at the beginning. Vice Chairman Thompson said they voted because it up- graded the area. It was hard for him to see why some provision had not been made since they were selling two kinds of petroleum. Vice Chairman Thompson did not think even.backing up was a good answer. He looked at that, and Vice Chairman Thompson stated that you back up halfway out on U. S. 1. It seemed to Vice Chairman Thompson that ~the only answer was (and he guessed they should not suggest that), but it was to go around the backside of the property. Vice Chairman Thompson thought that would eliminate everything. It would satisfy both parties~ and he believed it would satisfy the City. At the same time, Vice Chairman Thompson thought it would satisfy the customers. If Mr. Keehr understood Vice Chairman Thompson correctly, he mentioned the fact of going around the rear of this building. Vice Chairman Thompson said, "Right." Chairman Zimmerman said he may suggest that. Mr. Keehr advised that this would require additional site plan approval. Vice Chairman Thompson remarked, "Right." Mr. Keehr also believed there was a power line back there. Vice Chairman Thompson said there is. Mr. Keehr thought - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 that created more problems. He said that may be an alternate, but those are the steps that would have to be taken. Chairman Zimmerman commented that they would have to initiate whatever they want. He said the Board was only concerned about the entrance that is too near the intersection. Chairman Zimmerman felt the company was trying to live up to its name, "The Workingman's Friend,' but when you look at it the other way, he said they alSo owe some- thing to the City in the manner of not'doing violence to our Code, which Vice Chairman Zimmerman felt this would definitely do if the Board granted the variance. ' For the sake of customer and City, Mr. Cassandra asked Mr. Keehr if they could take away 12 feet from that'north ramp and add another 12 feet going the other way, and they would then be in conformance. (Mr. Cassandra said he knew he was out of order, but his concern was to satisfy both.) Mr. Keehr answered that it may be a problem because there is a requirement that calls for at least 20 foot between those two and whether or not this would cause a problem there, he was not sure. This was something that Mr. Keehr could not say "yes?, or "no" to, but he said' it was feasible. Vice Chairman Thompson wished to apply that same question to the Potter Road entrance. The way it seemed, Vice Chairman Thompson noted there were no dimensions there from the property line back to the egress there. He said they were talking roughly of the other 20 feet. Vice Chairman Thompson did' not know exactly what it was and commented that there was no way of telling. He asked if that entrance on the north side com~ld be relocated to accommo- date the trucks and still fall within that. He asked Mr. Cassandra if he could see what he was saying. Mr. Cassandra answered, "Where they had to zigzag to get out.' Mr. Keehr advised that that exit on Potter Road, at times, is at the minimum 40 foot at present. Vice Chairman Thompson commented, "It is at the minimum of 40 feet, and it could be 45?" Mr. Keehr answered, "No." When Mr. Keehr says minimum, he means the exit could not be moved in further towards U. S. 1. Vice Chairman Thompson asked, "It can't be moved westward?" Mr. Keehr replied, "Right." Chairman Zimmerman believed they were problems that the applicant would have to deal with. Mr. Cassandra asked if it would be possible to digress from parlimentary procedure, as the Attorney wished to make a state- ment. In regard to moving the driveway 12 feet, Attorney Bulfin told Members of the Board they had discussed that, and he thought it would be the way to handle this; they would be compromising and would be in Code. Attorney Bulfin stated they looked into that and had the same problem, because the driveway would not allow for the trucks to come out. They would have to cut too sharply - 16- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 to get back into that entrance, so that would be a more dangerous condition. Attorney Butfin reiterated that they did look into that and tried to work it out, but they found that it was unfeasible. Chairman Zimmerman remarked that he would not want any gas tanker upsetting there. He commented that safety is a big problem, although he could see some serious violations of safety by going out of the entrance into Federal. Chairman Zimmerman felt there were problems both ways. Mr. Slavin moved to grant the variance for the following reasons: 1. It is an existing business. They have been there since 1969, which is 13 years. In that time, there has been no problem with the City. 2. The place has been rebuilt. It is not the eye sore it-was, and the way it ms situated, there seems to be no problem at present between the station and the surrounding area. 3. Should this variance be denied (and this oil company may pull out), Mr. Slavin pointed out that they may have the jungle there again-. He told Members of the Board not to lose sight of the fact that should this station pull out, the City will lose revenue through the tax. Mr. Slavin thought the whole ball of wax would be, in all fairness to all parties concerned, to grant the variance. While they only heard one person speaking for it and none against, Mr. Stavin did not think it~may harm the situation. Chairman Zinmemuan'.pointedout that more than one person spoke and..cla~ified.~the ~one person was in addition to the applicant. Mr. Slavin was talking about Public Audience. Mr. Ampol seconded the motion. At the request of Chairman Zimmerman, a roll call vote on the motion was taken by Patricia Ramseyer, Recording Secretary. Chairman Zimmerman reminded everyone that they needed five affirmative votes: Mr. Ampol Vice Chairman Thompson Chairman Zimmerman Mr. Grossbard Mr. Slavin Mr. Cassandra - Aye - No - No - Aye - Aye - No (Mr. Cassandra voted "No' because he felt there was a very important need in the future of this City to make sure that if they put an Ordinance book together, that they follow it as closely as possible as far as that Ordinance is concerned. Because the original plan submitted did not include the driveway and because this company (the applicant) did design its station and should have taken into consideration its future - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 13, 1982 and because he felt with a little effort by the tank truck drfver, he can get out through Potter Road, Mr. Cassandra voted against the motion. The motion was lost with a vote of 3-3. announced that the variance was denied. Chairman Zimmerman Chairman Zimmerman announced that there would be a meeting on January 10, 1983, which is the second Monday in January, at 7:00 P. M. ADJOURNMENT Mr. Cassandra made a motion to adjourn, seconded by Vice Chairman Thompson, and the motion carried 6-0. The meeting was properly adjourned at 8:15 P. M. Respectfully submitted, - 18 -