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Minutes 12-14-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, DECEMBER 14, 198.1 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Theodore Blum Anthony DiSarli Ben Ridolfi Paul Slavin Lillian Artis, Alternate Bert Keehr, Deputy Building Official ABSENT Nick Cassandra, Alternate (excused) Chairman Thompso~ called the meeting to order at 7:00 P.M. He introduced the members of the Board,-Deputy Building Official, and Recording Secretary. He announced that he had received a note from Mrs. Padgett, City Clerk, advising that Nick Cassandra was unable to attend. The Chairman requested that this be entered into the minutes as an excused absentee. Chairman Thompson recognized the presence of Councilman Joe deLong in the audience. MINUTES OF NOVEMBER 9, 198] Carl Zimmerman referred to Page 13, next to last paragraph; the word "Chairman" before his name should be scratched or the word "Vice" added. With no further corrections noted, Mr. Zimmerman moved to approve the minutes as corrected. The motion was seconded and passed, with no opposition. ~REFACE Chairman Thompson pointed out that the purpose of this Committee is to grant variances where it sees there has been hardship placed on the owner by the City or County - sometimes other types of hardship- that might be created possibly by the State (there are cases where the State mmposes hardship). He noted that there was a full voting ~board present at this meeting; that it does take four (4) votes to grant a request. He said they do not like to use the word "majority" because there might not be a voting board and you still need the same number of votes - always four. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 PUBLIC HEARING PARCEL #1 A portion of Lots 62, 63, and 64; "Subdivision of N.S. Boynton Estate'Corporation,,, according to the Plat thereof as recorded in Plat. Book 1 at Page 43 and 44 of the Public Records of Palm Beach County, Florida; being more particularly described as. follows: Begin at the intersection of the- southeasterly right -of-way line of Old Dixie Highway and the South line of said Lot 62; thence run N 89° 15' 55" E, along the South line of said Lot 62, for a distance of 16.53 feet to a Point; thence run N 52° 01' 55" E, along a line lying 10 feet southeasterly of and parallel to the said right-of-way line of Old Dixie Highway, for a distance of 85.55 feet to a point of curvature or a circular curve to the right; thence run northeasterly and south- easterly, along the arc of said curve,-whose radius of 75 feet and central angle of 47° 29' 42", for an arc distance of 62.17 feet to a Point of Tangency with the Southerly right-of-way line of Old Dixie Highway; thence run S 80° 28' 23" E along the southerly right- of-way of Old Dixie Highway for a distance of 34.07 feet to a point of curvature of a circular curve to the right; thence run southeasterly, -along the arc of said curve, whose radius is 15 .feet and central angle is 90° 12' 04", for.an arc distance of 23.62 feet to a point of compound curvature of a circular curve to the right, said point lying on westerly right-of-way line of State Road No.-5, as shown on Right-of-way Map re- corded in Road Plat Book 2 at Page 185 of the Public Records of Palm Beach County, Florida; thence run southwesterly, along said curve, whose radius is 11409.20 feet and central angle is 0° 41' 25", for an arc distance of 137.44 feet to a point; thence run S 89° 15' 55" W, along a line lying 70 feet North of and parallel to the South line of said Lot 64, a distance of 202.57 feet to a point; thence N 37° 58' 05" W, .for a distance of 50 feet to a point on ~the southeasterly right-of-way line of Old Dixie Highway; thence run N 52o 01' 55" E, along the southeasterly right-of-way line of Old Dixie Highway, for a distance of 87.42 feet to the Point of Beginning. Request: Address: Applicant: Relief from 175 ft. LOt Frontage requirement to approximately 150 foot Lot Frontage 2921 South Federal HighWay Texaco, Inc./Charles H. Hundley, Agent - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 Chairman Thompson called upon the Board Secretary, Robert Gordon, to read the application received from Texaco,. Inc. Property involved is described as follows: Lots, Metes & Bounds; Property Address, 2921 S. Federal Hwy. Property is presently zoned C-3; formerly zoned C-1. Denial was made upon existing zoning re- quirements from which relief is required: Section tl-L-2/Minim~n lot frontage of 175' required on all abutting streets. (For Service Station). Nature of exception or variance required: Sub3ect property has. approximately 150' frontage on U.S. 1; therefore requiring a variance of 25' Statement of special conditions, hardships or reasons justifying the requested exception or v~riance: This property has been mn use aS a service station since 1965; owner wishes to upgrade property regarding structures, landscapIng, etc. Proposed improvement: Owner proposes to demolish existing building and rebuildnew structures. Name of Applicant: Texaco, Inc.; 3555 Maguire Blvd; 'Orlando, FL 32614. Chairman Thompson acknowledged receipt of a memorandum from the Office of the City Clerk, together with a letter from Texaco authorizing either G.~ W. Thorpe, Jr., Real Estate Agent, or C. H. Hundley, Construction and Maintenance Supervisor, to act as their agent regarding sub3ect application. Chairman.Thompson asked that one of these agents, or both come forward and give name and address. ' George W. Thorpe, Jr. came forward and introduced~himself as the Real Estate agent for Texaco, Inc., residing at 151 Trisman Terrace, Winter Park, Florida. He said he brought a considerable amount of information to show the Board, that possibly would give a better idea of what they propose to do. He said they have a whole new image that Texaco is trying to develop through the areas in the country~,that they are continuing to market. As the years go by, the next several years, the effort will be to upgrade the Image of Texaco facilities throughout that area to try to have a similarity of appearance of one section of the country to another. Also, he said, this particular facility will better serve the public. He offered an artist's rendering done by their architect, Ken Loans, who was at the meeting to answer any questions. He pointed out that this particular facility, the type of operation that they propose to have, is a self serve gas facility with, what is called, a mini- convenience store, offering a limited number of food items. This is a very frequent way that may be seen in various places that various oil companies are now marketing. Mr. Thorpe also brought (and distributed among the members) some photographs of a facility, not an identical facility but very similar; this one is actually in Houston, Texas. He explained that the graphics that are shown on the artist's rendering (signs on the facia) may change a little bit; the company has not finalized their ideas as to exactly what type of signs they are going to use. Also, in the plans, there is a possible change. Mr. Thorpe brought attention, to a different trade- mark sign; he said that Texaco is experimenting with an'd expects to develop a new trademark. -- 3 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 Mr. Thorpe also brought the landscaping plan which shows the proposed layout of the facility on the property and the proposed landscape; this was passed around to the Board Member.s. Mr. Thorpe introduced Ken Loans, Landscape Architect, who was helping to pass around the plan for the Board Members to review. Mr. Thorpe said~they believed this .will be a substantial improvement over the existing improvements which are obviously obsolete and are of no use. Chairman Thompson asked, just to make sure he is on the right track, if the only thing they are 'asking for is the twe~ty~fiVe feet. Butt Keehr answered that is all the site Will require; they will abide by all the other requirements. Robert' Gordon asked if the word "store" means groceries. Mr. Thorpe said there would be a limited number of groceries offered there - not truly groceries - most of the many c-stores that you see connected with the sale of gas sell only 7 to 10 to 12 items. They sell cigarettes, milk, bread, eggs, and soda pop. Chairman Thompson asked if they have one of these in Knoxville. Mr. Thorpe said he could not answer that question; he knows they have some in'Atlanta. Mr. Thorpe said they have only been constructing these six or eight months, and he noted that there are many oil companies with similar layouts and similar style buildings. Chairman Thompson asked the Board Members if there were any further questions; there were none at this time. Chairman Thompson thanked Mr. Thorpe. Mr. Thorpe said he might add one thing: that in many municipalities _ and this does'nt have anything to do with this town - but in many municipalities, they have had similar situations with one problem or another with regard to redeveloping the property and each town seems to be different. Some towns take the position that they are grandfathered in; other towns do not. Chairman Thompson asked if there was anyone who would like to speak in favor of granting the variance. There was ~o response. Chairman Thompson asked, if there was anyone who would like to speak against granting the variance. Gus Moehring came forward, introduced himself, and gave his address as 28 Colonial Club Drive. He said their concern in the Colonial Club is: will this dispense liquor at any time; is this also going to dispense soft drinks, and are there going t'o be adequate facilities to prevent bottles, cans, etc. being thrown-around and left around? Mr. Moehring said, as a gas station, he personally welcomed it; it has been there a long time, it was useful in the past and he is sure it will be useful in the future. However, he said, the concern is what type of convenience store it will be. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 Mr. Thorpe responded this way: I think you will find that there woutd be a much cleaner, neater operation with this type operation than you would have with a typical service station. Many of the things that we would sell at this proposed new facil.ity could, in fact, be sold from the existing facility, and is done in many places. We will be selling - not hard liquor, no - if we can get the necessary permit, we would sell beer, and soda pop (cold drinks). As far as cans being thrown around, certainly we will provide whatever recep- ~tacles are required by City Ordinance. It has been our experience that there really isn't any accumulation of trash of any sort - you don't have any junk cars lying around these facilities - you don't have old engines, body parts. All too often I think there's been a connection with some service, stations facilities in years gone by. This would be a facility with less potential for clutter than a typical so called service station. It is-not a place where we are going to encourage any congregation of people because ~han defeats the purpose; the Whole purpose is to get people in and lout quickly. Mr. Moehring said they don't object to it as a gas stat,ion. He said you happened to pick one that has been very well kept in the past; the up-keep is not the concern. He said they have found assorted cans and bottles thrown up on their place quite frequently, and they are afraid this will be another source and people will be throwing things out of cars coming up the road. Harry Kindbeiter, 35 Colonial Club Drive, came forward and introduced himself. He referred to an eyebeam strucnure supporting a sign about 30 feet in the air and asked if that is coming down. Mr. Thorpe said the only sign they'd have would be a small sign at the corner - they may change the design of the sign, but it would be similar in size. Mr. Kindbeiter asked about the maximum height of a sign allowed here in Boynton now; Butt Keehr answered 30' Mr. Kindbeiter asked how many hours a day this station will be open. Mr. Thorpe said he couldn't answer that. What they will attempt to do is remain open the number of hours per day that will best serve the traffic. He estimated between 18 and 20 hours a day. He said, in all probability, they will not be a 24-hour facility. Mr. Kindbeiter reiterated his question about the eyebeam coming down and Mr. Thorpe said, according to the plans submitted yes?; Mr. Thorpe noted that they don't need it. ' Joe Kelly, 33 Colonial Club Drive, came forward and introduced him- self. He asked if this station will be run by Texaco or be a lease operation - with changes in-between if it is not successful or if there is a change in ownership. Mr. Kelly expressed his concern that they might end up with a run down area there. Mr. Thorpe said they - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 will expend something, in the vicinity of 300,000 to 350,000 dollars in this facility; the current plans are, in all probability, not to run on a lease basis - they do'not, on the Other hand, have what ms known as a company operation. They have something that is kind of in between, which is probably what will be used as a method of opera- tion here. That method of operation is what is called a contractor operation, which means that they hire a firm (maybe someone who~ is already in the convenience store business} to operate it for Texaco. They would stock the store, hire and fire ~the employees; Texaco would pay them on an hourly basis to operate it for Texaco and the gasoline would be Texaco's. Texaco would control the gas. and the hours of operation. There was a question of the supervision of the people. Mr. Thorpe said they would not be involved with that - that would be done by the contractor. He said: of course, if they didn't do a satisfactory job, we wouldn't keep the contractor. Mr. Kelly wanted to point out that there had.been so much building in that area; in fact, they had one fast food place open for awhile and is now a vacant building that looks bad, with windows blacked out. He wants to be careful not to have another thing like that happen. The Chairman asked if there was .anyone else who wanted to speak against the variance. With no response, Chairman Thompson enter- tained a discussion; he asked the members to bring out any points of interest. Carl Zinmerman rea~rkedthat it might not be relevant to the case but for the interest of the people in the neighborhOod _ according to the plans, there'will be a car wash to the rear of this property. Mr. Zimmerman also said he did not see any rest rooms on the plans. Mr. Thorpe pointed out the location of the rest rooms - under the canopy. Paul Slavin said this isn't in the grandfather clause, is it; Butt Keehr said no, it is not. Mr. Slavin said this place has been in existence and operating for 16 years - it is an ongoing business Mr. Keehr .answered yes, that is correct.' Chairman Thompson commented: I see a business that is operating now and also, I see a plan for improvement that would enhance the whole operation. I have seen this type of place in traveling _ it is a good sight to see. This looks like the same type of place. We look at it and we can say' that the place of b~siness will operate for the next 25 years if so desired. I personally feel that if you are going to increase the beauty of something without damaging any of the surrounding areas, this is the time to do it. In the past, some mechanical work has gone on, and this type station (as proposed) does not offer any type of mechanical work, which is an improvement in itself. Chairman Thompson asked if there were any other comments. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 Anthony DiSarli said he felt the same way; it should enhance the area. In fact, he said, Old Dixie Highway goes on the other side of it and he is sure there is a lot of bottles and cans going right out there in that neighborhood. With the station being up, he thinks it would more or less enhance the neighborhood and maybe they would more or less oversee the throwing of beer cans and bot~tles and so on. Mr. DiSarli said they have'~that right tin the park next door where people come in and the're are cans thrown around, and you have to keep after it - which he does and he is sure the neighbors do. Mr. DiSarli re- iterated that he feels it would enhance the neighborhood rather than have it 3ust idle. He noted that he lives in Hampshire 'Gardens him- self so he knows what the neighbors are up against. He said he would like to see a nice neighborhood with something nice coming in and it looks to him like it would enhance the neighborhood. Chairman Thompson asked if these were any other questions. One of the residents said that in the discussion, it came out about the car wash and this is something that was not touched upon. The resident asked how it would be handled. He said it can be a neat operation or it can be a sloppy operation. He said he would like to have a little more about that. Chairman Thompson interjected to ask Mr. Keehr if it is correct that the only thing that did not meet code is the 25~; Mr. Keehr answered that is correcn. It was noted that the car wash does not enter into it because it is legal to have that there. Paul Slavin said that, in listening and looking, he thinks that the area will be improved. He said there is a lot of construction going on U.S. 1 (Federal Highway). He said they,ve come i~_wiqh~a landscap- ing blueprint which was actually not this Board's concern because all they are confronned with is the 25' variance - all other requirements have been met and the only point of discussion now is the 25'. Mr. Slavin indicated a desire to make a motion; the Chairman asked him to hold the motion. Carl Zimmerman asked Butt Keehr if any thought has been taken by the City, the Technical ReView Board, and so on, concerning any change in the present 'ordinance in regards to a service s~ation, brought up in the last meeting. Mr. Keehr replied no; he said there are other stations that are non_confOrming in use and not merely.in'size of the site. When you have non-conforming use, of course, you are dealing with rezoning; you are not dealing with a situation such as this. Consequently, there are not that many service stations that fall into the category of this one left after eliminating a couple of them for different reasons. Mr. Keehr explained that this is a non-conforming site at the time and it can remain that way but when you tear some- thing all the way down, then you have to meet other requirements; and that is why the people were at this meeting. There were no further, questions and Chairman Thompson entertained a motion to grant or deny the request of Texaco. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA DECEMBER 14, 1981 Paul Slavin moved to grant the request to the Texaco Company for the following reasons: 1) It is an ongoing business and we cannot de- prive them of their right to stay in business. If we say "no" to them on this, they will still be there and operate. This way, the area is being improved and wfll look nicer than the station presently there. 2) Over'the years the zoning laws have been Changed. When they first went into business, I imagine (Mr. Slavin~noted. that he did not live in Boynton .Beach at the time), while not :conforming today; it was conforming then. Therefore, on the basl~s of these thoughts, Mr. Slavin moved to grant this variance. Anthony DiSarli seconded and said he felt the same way - that it certainly would be upgraded. Mr. Keehr interjected to correct one statement. He said when this was built in 1975, the same regulation existed (175 abutting) it did exist. - Chairman Thompson said they had a motion and a second to grant the request by Texaco and asked the recording secretary to give a roll call. Mrs. Bee complied: Vernon Thompson _ Aye Carl Zimmerman _ Aye Robert Gordon - Aye Theodore Blum - Aye Anthony DiSarli - Aye Ben Ridolfi - Aye Paul Slavin - Aye Motion carried 7-9 to grant the request. Chairman Thompson expressed his desire to say to the Councilman there that he enjoyed the Board Dinner. With no further business at hand, Chairman Thompson entertained a motion~ to adjourn. Robert Gordon so moved; seconded by Plaul Slavin, motion carried unanimously at ~7:35 P.M. Re spectfutly submitted, Recording Secretary (One Tape) - 8 -