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Minutes 08-11-80MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL BOYNTON BEACH, FLORIDA, MONDAY, AUGUST llth, 1980 AT 7:00 P.M. PRESENT Carl Zimmerman, Vice Chairman Theodore Blum Benjamin Ridolfi Paul Slavin Anthony DiSarli, Alternate Lillian Artis, Alternate Bert J. Keehr, Deputy Bldg. Off. ABSENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary Marilyn Czufin (Excused) (Excused) (Excused) Suzanne Kruse (Excused) Recording Secretary Vice Chairman Zimmerman called the meeting to order at 7:00 P.M. in consideration of Chairman Thompson's absence~ He introduced the members of the Board and the Assistant Building Official. He acknowledged the presence of Councilman Joe DeLong and Marilyn (Lynn) Huckle (City Councilmember) both of which were in attendance. MINU~S OF JULY 14th, 1980 Mr. Ridolfi moved to approve the minutes as r'ecorded, seconded by Mr. Slavin. No discussion. Motion carried 6-0. PUBLIC HEARING Parcel %1 - Ail of lot 1, Lot 2, less South 100', Lee Manor Isles. Request Relief from requirement of a twenty-five foot (25') height (not to exceed two (2) stories) as required by C-1 zoning to allow 40 ft. height Address - 1200 South Federal Highway Applicant - Boca Raton Federal Savings and Loan Association Mr. John T. Shoup, Jr.,Architect and representing Boca Raton Federal came before the Board and presented an illustration of the location of buildings with regard to the large banyan trees and advised of it being environmentally feasible. He stated his hardship was primarily due to the fact that he desires to preserve the trees, hence this would require a. building of three (3) stories (forty feet (40'), thereby necessitating this variance. Mr. Slavin asked Mr. Shoup as to whether or not there would be other tenants occupying his new office complex other than the bank personnel, and subsequently was informed that there would be addition- al occupants. MINUTES - BOARD OF ADJUSTMENT AUGUST llth, 1980 Mr. Zimmerman stated the fact that these would be condominium type offices which would'be purchased. Mr. Shoup, in turn, substantitated this statement. Mr. Zimmerman further inquired as to whether this new office complex would be separated from the Boca Raton Federal; Mr, Shoup subsequently confirmed that it would be. Mrs. Artis referred to the fact that the only existing hardship was to save the trees. Mr. Slavin read a letter in opposition with 22 signatures. Mr. Frank Bush residing at 630 Castilla Lane, which is adjacent to the bank, came before the board and stated his objections to the request for a three (3) story building and further expounded on protestations against the site plan in general, with regard to the roadways, parking lots, six foot (6') hedge next to his property line, etc. Mrs. Walter Holly residing at 631 Castilla Lane, which is diagon- ally across from the proposed office complex, came~before the Board, and stated her vehement opposition to a forty foot (40') high building with further objection to additional automobiles. Mrs. Holly further stated that she found the site plan to be lacking in landscaping. Mr. Keehr interjected with a statement to the Board that all site work would have to be approved by various City Boards, and that the request of this variance is for a height variance only. Marilyn Huckle, who resides at 656 Castilla Lane, addressed the Board and stated that she was categorically opposed to the height of this new building and that she was in agreement with the former speaker as to a great deal of work being incorporated into the planning of this C-1 zone with height limitations, etc. to blend into the residential areas. She additionally expressed her concern with the drainage problems this site plan would create. Mrs. Huckle asked if Mr. Keehr could inform the Board as to C-1 zoning in conjunction with restraining the use of a three story building. She also made reference to there being no basis for granting a variance since there was no hardship. Mr. Keehr advised accordingly and read the restrictions of C-1 zoning which so states a maximum structural height of 25 feet and not to exceed two stories. In reference to underground parking, a height of 30 feet is allowed. Mr. Blum stated that if this type variance would be approved, it would in effect "Open the door" for other requests of this nature and would thus result in a lack of systematization. Mr. Slavin stated that he could-determine no hardships which could justify this variance. Mr. Zimmerman was in agreement with Mr. Slavin's statement. - 2 MINUTES - BOARD OF ADJUST~ENT AUGUST llth, 1980 Mr. Zimmerman commented at this time as to this type of height not being permitted in a C-2 zoning. It would necessitate a C3 zoning ~to allow, the height ~equested by this variance. Mr. DiSarli made a motion to deny this variance. ~. Blum seconded,the motion. Mr. Keehr handled the roll call vote on the motion, as follows and clarified a vote in favor would deny the variance. Mr. Ridolfi - Yes Mr. Slavin - Yes Mr. Blum - Aye Mrs. Artis - Yes Mr. Zimmerman - Yes Mr. DiSarli - Yes Motion carried 6~0. (Variance denied) Parcel ~2 - East half of Lot 18, except E 50' of N 150", Sect. 33, Twp. Recorded in Plat Book 1, Page 4 Range 43 East Palm Beach County Records Request Address - Relief of height limitation of 45' to .47.04' - 2815 South Seacrest Boulevard Applicant - Bethesda Memorial Hospital Mr. Robert Hill, Assistant Administrator for Bethesda Memorial Hospi- tal addressed the Board and stated that the variance he is requesting is for a height limitation from 45' to 47' The reasons he cited were due to the requirements of hospital construction, whereas they needed additional space for mechanical equipment, duct work and piping. Mr. Slavin addressed Mr.. Keehr after reading~ a letter by Mr. Howell with regard to the necessity for additional height for mechanical duct work, etc. Mr. Keehr replied that that was precisely the intent of the correspondence, in substantiating a need for ,the additional height~ Mr. Blum questioned Mr. Hill as to whether there was room for addition- al buildings on the premises. Mr. Hill replied that there was no additional room for another separate building due to the parking re- quirements and lot coverage. - At this time Mr. Blum reiterated his earlier statement that should we permit this to exceed the height limitation we would eventually allow encouragement for additional situations of this type. -3 MINUTES - BOARD OF ADJUSTMENT August llth, 1980 Mr. Ridolfi, at this time confirmed the fact as a result of his construction expertise, that this requirement is indeed needed and that the hospital requirements would therefore be justifiable. Mr. Hill was in agreement with this statement. Mr. Ridolfi made a motion that this variance be granted in view of the hardship relative to construction of a hospital. This motion was seconded by Mrs. Artis. This hardship.was additionally confirmed by Mr. Slavin. Mr. Blum stated that he was of the opinion that granting this var- iance could in eventuality lead to the granting of similar type variances in other locations of the City. Vice Chairman Zimmerman stated that he felt that each case is ruled upon on its ~own individual hardship~ A roll call vote on the motion is as follows: Mr. Ridotfi - Aye Mr. Slavin - Aye Mr. Blum - No Mrs. Artis - Aye Mr. Zimmerman - Aye Mr. DiSarli - Aye Motion carried 5-1. (Variance granted) Parcel ~3 - Lots 196 thru 201, Cherry Hills Recorded in Plat Book 4, Page 58 Palm Beach County Records Request Address - Relief from R-iA zoning district requiring a 25' front setback~to 19.5' - 1015 N.W. 4th Street Applicant - Provident Missionary Baptist Church Ms. Lottie Pierce spoke on behalf of this church. She stated their reasons for requesting this variance,in view of wishing to build an addition in alignment with the existing building. T~is woUld be effec- ted in the utilization of a kitchen, bathrooms and baptismal area. She additionally stated that years ago the City had taken six feet (6') of their property along 10th Avenue for the widening of the street, and this in effect had attributed to a hardship on their part. -4 MINUTES BOARD OF ADJUSTMENT August llth, 1980 Discussion ensued as to the location of the addition and hOw it reflects upon the existing buildings. Mr. Ridolfi confirmed the fact that the individuals in the immediate area were in favor of this variance. Mr. Slavin stated he felt that the granting of this variance would create no hardship to anyone. The motion to grant this variance was made by Mrs. Artis and seconded by Mr. DiSarli. A roll call vote on'the motion is as follows: Mr. Ridolfi~ - Aye Mr. Slavin - Aye Mr. Blum - Aye Mrs. Artis - Aye Mr. Zimmerman - Aye Mr. DiSarli - Aye Motion carried 6-0. (Variance granted) Parcel ~4 - Lot 15 - Coquina Cove Recorded in Plat Book 24, Page 14 Palm Beach County Records Request - R-1AA zoning requires a 7'6" side setback to 7' Address - 825 Ocean Inlet Drive Applicant - Selva Ganesh, M.D. Mr. Richard Hanna, Architect and representative of Dr. Selva Ganesh, came before the Board and stated that the owner of this property wishes to add a second story to the existing structure which is situated on Piling. This therefore makes it exceedingly difficult to add a second story due to the alignment of existing exterior wall with the second story floor Mr. Slavin stated that upon visiting the site and in speaking with the neighbOring residents, he could not determine any reason not to grant this variance. Mr. Zimmerman questioned as to'whether the existing structure could support an additional floor and Mr. Keehr responded by stating that this would have to be ascertained by the structural engineer in testing the'existing piling. Normally the safety factor of the initial pilings would allow for the second floor. -5 MINUTES BOARD OF ADJUST~ENT August llth, 1980 This would have to be the determining factor, unless the initial plans state otherwise. Mr. DiSarli made a motion to grant this variance and this was seconded by Mr. Blum. A roll call vote on the motion reflected the followinq: Mr. Rildolfi - Aye Mr. Slavin - Aye Mr. Blum - Aye Mrs. Artis - Aye Mr. Zimmerman - Aye Mr. DiSarli - Aye Motion carried 6-0. (Variance granted) ADJOURNMENT Mr. Slavin mo~ved to adjourn and seconded by Mr. Ridolfi. Motion carried 6-0 and the meeting was properly adjourned at 9:00 P.M. ted, Bert J. K~ehr Recording Secretary BJK:fs -6