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Minutes 01-28-80MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 28, 1980 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, ViCe Chairman Robert Gordon, Secretary Theodore Blum Marilyn Czufin Benjamin Ridolfi Lillian Artis, Alternate Anthony DiSarli, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Paul Slavin (Excused) Chairman Thompson called the meeting to order at 7:00 P. M. He announced this is the Board's first meeting of the year and the first part will be an organizational meeting. He introduced the members of the Board, Deputy Building Official and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong and City Manager Peter Cheney. ELECTION OF OFFICERS Mr. Thompson declared the floor open for nominations for Chairman for 1980. Mr. Zimmerman nominated Mr. Vernon Thompson for Chairman, seconded by Mr. Gordon. Mr. Zimmerman moved to close nominations, seconded by Ms. Artis. Nomination carried unanimously electing Mr. Thompson as Chairman. Mr. Ridolfi nominated Mr. Carl Zimmerman for Vice Chairman, seconded by Mr. Gordon. Nomination carried unanimously elect- ing Mr. Carl Zimmerman as Vice Chairman. Mr. Blum nominated Mr. Robert Gordon for Secretary. Ms. Artis moved that nominations be closed, seconded by Mr. Zimmerman. Nomination carried unanimously electing Mr. Robert Gordon as Secretary. Chairman Thompson explained the purpose of this Board is to grant a variance where there has been a hardship placed on the individual. Any three negative votes against the grant- ing of a variance will deny the variance. It is advisable to have seven voting members present as five votes are needed to grant a variance. We can have an official meeting when there are five members present, but all five members must vote in favor of the variance. After the last application is heard tonight, we will hold a general discussion for in- formational purposes of the Board members. He then requested proceeding with the petitions in alphabetical order. MINUTES - BOARD OF ADJUSTMENT PUBLIC HEARING JANUARY 28, 1980 Parcel #3 - The West 150 feet of the East 188 feet, less the North 15 feet thereof; and the North 15 feet of the West 150 feet of the East 188 feet of Lot ll, Benson Brothers Subdivision, Boynton Beach, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 5, Page 27, Public Records of Palm Beach County, Florida. Containing 0.75 acres, more or less. Request - Relief from 25 ft. height limitation to allow top of pitched roof on pro- posed bank and office building to extend to 41 feet Location - 4455 North Ocean Boulevard Applicant - First National Bank in Palm Beach Mr. Gordon read the above application and the statement noting the 'following Considerations and reasons for this request: A. Aesthetics: The architectural concept of the building requires a proportion and scale that places the pitched roof structure and parapet above the 25'-0" limitation. A..more traditional design for the building was con- sidered by the owners and the architects as desirable because this approach best relates to the neighboring structures of the St. Andrews Club condominium which are also of a similar architectural expression and scale. It is strongly felt that both the residents of the St. Andrews Club as well as other adjacent property owners will benefit from this concern on the part of the applicants by having a building that expresses a substantial investment and committment to architectural aesthetics considerations. B. Function: The building is designed to include a bank on the ground f. loor with a 12'-0" ceiling height and office space on the second floor with a 10'-0" ceil- ing height. There are only two stories, their entire volume being within the 25'-0" height limitation. The pitched roof, which exceeds the height limitation, is used not only as an aesthetic consideration, but also con- ceals the air-conditioning equipment. This roof structure in no way increases the area or volume of the usable space of the building. The 12'-0" ground floor ceiling height is the result of two main con- siderations - vehicle clearance for the banking drive- in windows and correct scale and proportion for the -2- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 main banking room. The second floor will have large, exclusive offices for lease to wintering executives and design concern for the proportions of these spaces prompted the 10'-0" ceiling height of this floor. A 3'-0" structural "sandwich" is required for the spans of the second floor. Chairman Thompson asked if anyone was present in the audience representing this application and Mr. Paul Twitty, Schwab & Twitty Architects, Inc., 340 Royal Palm Way, Palm Beach, came before the Board. He explained the location of this property and showed photographs of the property showing an abandoned filling station. He then showed their proposed plan for the site. The building proposed is a two story structure in the C-1 zone. The property to the west and south is a golf course belonging to the St. Andrews Club. The main building proper will be landscaped as shown on the plan. Mr. Twitty stated the important point is the architecture of this general area and he showed pictures of the four story structures of the St. Andrews Club which are traditional in architecture. Architecturally thinking of the best way to handle this site, they have planned a building compatible to the surrounding area which will lend credibility not only to the bank but with the building in the area. He then showed an architect's rendering of the proposed building and pointed out that it is very similar in architecture to the St. Andrews Club. The bank would occupy the lower floor with the drive-in tellers to the south side. Mr. Twitty then explained that the variance was requested actually for the roof structure. The second floor is within the height limitation, but the roof structure would be higher to blend in with the architectural style to keep continuity in that area. Also wi~h this roof design, it will shield from view the air-conditioning and all mechanical equipment. They are not asking for an increase in the use of the site as far as the building. The building could have been designed with a flat roof. He then explained how this traditional design is a matter of proportion. Also, this height will not block the views of anyone because it is surrounded by the golf course. This particular zone is almost isolated in a quandrant surrounded by golf course. It will be highly visible travelling along A1A. The variance request is not to allow the use of the property for any greater use than normally. Because of the bank wanting to continue the motif and architectural relationship with St. Andrews, they are asking for a variance to have the dimension extend to 41' They feel this is important for the area for the identity of the bank and to achieve some continuity in this area. It hopefully will be a welcomaaddition aesthetically to the town. -3- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Chairman Thompson clarified that this is the traditional style of the bank and Mr. Twitty agreed. He added that the home bank in Palm Beach is traditional in nature and another struc- ture was just completed and they would like to carry the theme into this area. Mrs. Czufin referred to the golf course being to the south and west and Mr. Twitty agreed. Mrs. Czufin asked how far away the present St. Andrews Club was to the south and the response from the audience was 150 feet. Mr. Zimmerman questioned what type of offices would be on the second floor and asked whether they would connect with the bank or outside businesses and Mr. Twitty replied the basic intention is to provide 14 to 15 large office spaces which the bank wilt furnish and they will be leased out on an annual basis to office executives. There will be a small secretarial pool which will serve the 14 to 15 offices, but it will not be part of the bank function. The bank will only control the lease. Mrs. Czufin asked what was located to the north of this pro- posed building and Mr. Twitty informed her that to the north at the present time is Briny 'Breezes Blvd. which is the north boundary of Boynton Beach. Mr. Zimmerman questioned what the actual hardship was that they could not build within the 25' limit and Mr. Twitty re- plied that they basically feel the hardship is the isolation of this property and the property is unique with two of the property boundaries being municipalities other than Boynton Beach. It is separated from other residences by the golf course. This is an isolated pocket of the C-1 zone. Within this character, they feel it is a unique situation. Possibly it was kept in the C-1 zone, because when it was acquired by the City, there was an existing filling station on the pro- perty. In the hardship area, according to the cost of the site, they want a highly visible structure and want to hide the mechanical equipment and want to carry on the aesthetics of the area. They would like to keep the continuity of the area around this and at the same caliber. They would like to carry on their strong identity. The building itself is the logo of the First National Bank. If they cannot do that, they feel it is a.h~dship because of the caricature the bank represents. There is also the uniqueness of the site and the aesthetics of the community and the bank. They feel it would be a hardship to build a less dignified structure re- presenting the bank. He would like to stress they are not asking for increased usage of the property and will not be infringing upon the views of the neighbors. -4- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mr. Ridolfi referred to the possibility of A1A being widened and asked if there would be ample room on the east side of this building and Mr. Twitty replied they have investiqated this and the property line recognizes any widening whi6h will take place in this area. Mr. Zimmerman referred to there being a 30' setback and Mr. Twitty agreed and stated all the set- backs will be met. Chairman Thompson asked if anyone in the audience wanted to speak in favor of granting this variance and Mr. Ernest P. Lamb, President of the St. Andrews Club, came before the Board. He stated for the many reasons Mr. Twitty has men- tioned, the residents of St. Andrews Club support this re- quest. They are in favor of it aesthetically. They feel from a f~nctionable standpoint with the air-conditioning equipment shrouded, it will be more of an asset. Their apartmen~ buildings will look down on this particular build- ing and it will be more pleasant to look at it with a finished roof thaw at the mechanical equipment. They strongly support this request for a variance. Mr. Zimmerman asked if there were any traffic problems in this area presently and Mr. Lamb replied negatively and added there are no open entrances in this area and this bank will not cause any traffic congestion. Chairman Thompson ascertained there was nobody else wanting to speak ~n favor of this variance. He asked if anyone wanted to speak against the granting of this variance and receiwed no response. He asked if any correspondence had been received and Mr. Gordon replied negatively. Chairman Thompson opened the floor for discussion by the Board members. Mrs. Czufin asked if the variance would be denied, would it mean the mechanical equipment would be open to v~ew on top of the roof and Mr. Twitty replied that it more t~an likely would be and explained that it would still probably be placed on the roof so as not to decrease the parking or landscaping space. Mr. Zimmerman stated we have had a lot of financial institu- tions built lately in the City at various locations and none have requested a variance of this kind. Ms. Artis asked if the other banks have their mechanical equipment exposed on the roof and Mr. Keehr replied that some do, but many have placed it on the outside of the building and have it screened with shrubbery. -5- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mrs. Czufin asked if a plan was prepared taking into consider- ation the 25' height limitation and Mr. Twitty replied their first approach was to respond to the aesthetic considerations of the bank. After preparing the preliminary plans, they dis- covered the height limitation was 25' and rather than changing at that point and doing a contemporary two story building with a flat r~of, they felt it would be appropriate to address the Board with this valid request. Chairman Thompson asked if there would be adequate space for the equipment by the building if the vari is denied and Mr. Keeh~ replied affirmatively, ance but it may require redesign- ing of the site. Mrs. Czu~in stated that it seems to her that a bank of this size should say within the height limitation of 25'. She does not see any hardship. She does not think being separated by a golf course, havinq commercial on the north side, and having beautiful planting is a hardship. She feels the bank should ~y within the height limitation of our regulations. She understands the idea presented, but has seen very lovely banks an~ does not see why it cannot be continued in that area. Mr. Blum asked if it would be starting a double standard'if this is allowed and Chairman Thompson replied negatively as each case is based on its own merits. At present, no bank in the City exceeds the height limitation. Mr. Keehr clari- fied that some of the banks are located in a C-3 zone which permits a higher building. He cannot think of a bank in the C-1 zone which has been built recently. Mrs. Czufin questioned why they considered this location knowing the limitation of the height. Chairman Thompson asked when the bank acquired the land and Mr. Zimmerman noted the deed stated November 1979. Mr. Karl Strack, Senior Vice President of the First National Bank, stated unfortunately this is a C-1 area. Most of the other banks are in a C-3 zone which permit buildings higher than 25' He referred to their history being to build beauti- ful buildings and stated they could have built a contemporary building within the limitations at a much lower cost, but it would not be as pretty. Also they have designed some luxury office space on the second floor. They asked the architect to draw the best building they could on the site not giving consideration to price. He thinks the building as drawn will benefit the area. -6- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mr. Ridolfi made a mOtion to grant ~he variance. Mr. Gordon seconded the motion with adding an amendment that at no time the extra 16' is to be used fo~ anything except for what Mr. Twitty said tonight.. Chairman Thompson clarified that he meant for anything other than the storage of the air-condi- tioning units. Mr. Ridolfi agreed. Under discussion, Mr. Zimmerman asked if the amendment is enforceable and Mr. Keehr replied affirmatively, but he would like it changed to mechanical equipment. Chairman ThoIlpson referred to mechan- ical equipment leaving a big lOopho~.e and explained how there could be other mechanical equipment in a bank other than air- conditioning units. Mr. Gordon ref~rred to it being mentioned there would be something else beside,s air-conditioning equip- ment and Mr. 'Twitty added that poss~.bly there would be exhaust fans, but stated they will not use-~.he area above the 25' level for anything other than normal supporting mechanical equipment. It will not be used for occupancy or storage space or anything increasing usage it is necessary to have 16' to cover Mr. Keehr replied affirmatively and propose, it requires that area for The additional footage would be fro~ to the top of the roof. Mr.. Twitty be strictly for the purposes of the Ms. Artis referred to this particul. of the bank and Mr. Twitty agreed Ms. Artis asked if ~chanical equipment and added in the design they he steepness of the roof. . the top of ceiling line agreed that the 1© would traditional architecture. r design being the logo d stated it is represen- tative of the. type of architecture the bank has used through- out their history. It traditionally stands for the bank. Ms. Artis clarified that it is the design of every bank for th~ First National Bank and Mr. Twitty replied the style of architecture with varying degrees does represent everything the bank has done to this point with that type of roof. Chairman Thompson requested Mr. Ridolfi to give a reason for his motion. Mr. Ridolfi stated he took a ride to Briny Breezes and looked the grounds over. After seeing the plan presented, 'he personally thinks it i~ an asset to the area. After hearing the speakers state they are not going to use that extra 16' for any bank purposes, he definitely feels that he would like to see it granted. As requested, Mrs. Kruse then took a roll call vote on the motion as follows: Mrs. Czufin "I definitely agree it will be an asset~ ~o the area, but do not feel it is a hardship and feel they ca~ come up with a plan to stay within the limitations of our height.~ I will vote NO." -7- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Ms. Artis - Yes, on the basis of the aesthetic quality Mr. Zimmerman- No Mr. Ridolfi -_Yes Mr. Blum - Yes Mr. Gordon - ~Yes Mr. Thompson - No, because at this time he does not see a hardship and would hate to vote in favor because we would see other banks springing up in the same zone asking for the same type of variance. Variance denied by a vote of 4-3. Parcel #2 - The parcel bounded by Congress Avenue, N. W. 22nd Avenue, Boynton Canal, and L.W.D.D. E-4 Canal, containing 89.375 acres more or less. Request - Reduction from 10' to 9' in the width of parking stalls at proposed electrical equipment manufacturing storage facility. The variance does not request a reduction in the number of spaces required by the PID zoning classification, but only a decrease in the size of each individual auto- mobile space. Location -' Southeast corner of Congress Avenue & N. W. 22nd Avenue Applicant' - Motorola, Inc. Mr. Gordon read the above application and the statement sub- mitted listing the reason for the request as follows: "Although the need for 10' stalls in certain public areas may be warranted, (i.e., to assist the elderly and/or accommo- date unusually large vehicles), statistics from exbting Motorola Facilities indicate an expanding use of mid-size, compact, and sub-compact cars. Further surveys by Motorola at the existing Plantation Facility on unmarked parking lots indicate that the natural average distance per parking slot is approximately 9'. This is supported by the fact that a majority of representative zoning ordinances throughout the nation now require 9' stalls. If granted, the reduction in paving - approximately 10% in the parking bays - will increase the site open land green space by some 35,000 square feet. This additional open space will reduce storm water runoff and increase areas for drainage percolation. In addition to these functional~benefits, the visual appeal of the site will be greatly improved with addi- tional landscaping in these unpaved areas." -8- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mr. John Gesbocker, Architect with Heery & Heery Architects & Engineers, Inc., representing Motorola came before the Board. He stated this reduction should actually apply to all the zoning categories in the City and referred to the majority of zoning ordinances throughout the nation requiring 9' stalls including Best Palm Beach, Miami, Jacksonville, etc. locally. By doing this, one of their contentions is to increase the open land for the environmental amenities for the community. The additional green space of 35,000 square feet is only for Phase 1. The total would amount to 135,000 square feet or approximately three acres. The owner has requested this be- cause of the potential hardship for his employees. The number of cars parked will be substantial at this facility with ap- proximately 1,000 for Phase 1 and 3,500 spaces for the entire plant. He then explained how the walking distance would be considerable for employees entering the plant and even greater to return to their cars after some Of the exits are locked at 6:00 P. M. Also in reference to drainage, this would increase the runoff area. There will be no hardship imposed on the visiting public as 50 visitors' spaces will be provided with 10' wide parking stalls. Mr. Gesbocker then introduced the representative from Motorola, Mr. Ray Shackley. He informed the Board that Motorola takes a lot of pride in people and things they like to do for them. They want to get people as close to the building as possible. He referred to trying other systems with having areas with small and large type parking spaces and stated they feel with 9' spaces, it will give people the opportunity to be closer to the working conditions with less area to walk during incl~m- .ant weather. He then explained how the shifts of employees would be staggered with various entrances to the plants being in use. Mr. Gesbocker added that another possible considera- tion is the employees arrive and depart during specific shift hours unlike public shopping centers where there is constant moving traffic. He then showed a graphic and pointed out the additional paved surfaces needed to get the 10' stalls. Mr. Zimmerman asked if this parking would be arranged at right angles and Mr. Gesbocker replied that ~owill be 90° parking and all the statistics are based on parking. Ms. Artis asked what the problem was with the small and large car spaces and Mr. Gesbocker explained this was based on the premise that California shopping centers are pursuing with having every other lane be 7½ x 16' long to accommodate com- pact cars. Ms. Artis asked if consideration had been given to car pooling with large cars or vans being driven and Mr. Gesbocker replied this has been addressed in the DRI applica- tion. Motorola has agreed to do anything possible to assist the employees in a car pooling effort. -9- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 19.80 Mr. Gordon stated that excluding compact cars, the average car measures about 6'6" wide and the door is 3' when open and he cannot see any way to get 9'6" into 9' If it is a two door model car, the total is 10'6". Mr. Gesbocker informed him they have done surveys at the existing facilities and there are 24.2% compact cars, 27% medium sized cars, and 42.4% full sized cars. According to the statistics when you average out a line of cars, there is enough space left not to bang cars. Mrs. Czufin stated that these people will all be arriving and leaving at the same time. She has a com- pact car and the door is 4½' and when opening two doors, there just isn't enough room. She agrees with Mr. Gordon. She does not think 10' is enough with all the people leaving at the same time. Mr. Gesbocker informed her this works at other locations and does not present any problem. Even before the advent of small cars, they have found that 9' on the average would work out. Mr. Gesbocker then stated that according to the PID zoning classification, the requirement is 1½ employees per car and he thinks this number will increase with car pooling, cost of fuel, etc. It is anticipated before long, there will be a lot of emptH spaces. Chairman Thompson asked if there would be any problem getting into the spaces and Mr. Gesbocker replied that most good planning concepts provide a 24' driving lane with a 9' stall and generally with a 10' space, the driving lane can be re- duced somewhat. Mr. Keehr informed him that a 25' driving lane is required in Boynton Beach with the 10' stall. Mrs. Czufin questioned his statement regarding the size of parking stalls in both public and private and Mr. Gesbocker clarified that the general requirement in Boynton Beach re- quires this size space regardless of classification. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and received no response. He asked if anyone wanted to speak against the granting of this variance and received no response. Chairman Thompson referred to correspondence received and Mr. Gordon read a letter advising that Janet Knox Field has no objection to this application and she owns property ad- joining this to the east. Chairman Thompson declared the discussion open to the members. Mr. Gordon referred to the last sentence of the statement sub- mitted: "In addition to these functional benefits, the visual appeal of the site will be greatly improved with additional -10- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 landscaping in these unpaved areas" and stated that he thinks car space is just as important as additional landscaping. Chairman Thompson questioned how much additional landscaping there would be and Mr. Gordon replied: 10%. Mr. Zimmerman added that it is the area colored red on the chart. Chairman Thompson asked if it was the thinking of Motorola that by saving spaces, there would be money saved and Mr. Shackley replied negatively and clarified that their purpose is to bring the people closer to the building. They did run an experiment at the Plantation plant with not marking the spaces and told the people just to park. The people parked and the average space was 9.1'. He explained again how the shifts would be staggered and there would be various entrances and exits. Discussion followed with clarifying the parking situation with changing shifts. Mr. Zimmerman stated in view of the fact, he believes the use of this much additional open space for the parking area may not be needed in the long term and even in the near future when the plant isn't nearly completed, he feels it is sort of cumbersome to request this industrial concern to have 10' wide parking spaces. Mr. Zimmerman moved to grant this variance of 9' only for the employees of the plant and not visitors and 10' for the visi- tors' parking. Mr. Blum seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Czufin - No Ms. Artis - Yes Mr. Zimmerman - Yes Mr. Ridolfi - Yes Mr. Blum - Yes Mr. Gordon - Yes Mr. Thompson - Yes Motion carried 6-1. Chairman Thompson commented that he is glad they are consider- ing the employees because he knows many corporations with the changing of shifts do not make any specifications for parking and do not supply security guards. Mr. Shackley further ex- plained their security system. -11- MINUTES - BOARD OF ADJUSTMENT ~JANUARY 28, 1980 Parcel ~1 - Lots 2 and 3, Block 4, less right-of-way for Seacrest Blvd. and West 15 ft. of Lot 1, Block 5, Gulf Stream Estates Plat No. 2, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for· Palm Beach County, Florida, recorded in Plat Book 13, Page 51. AND 50 ft. abandoned right-of-way known as Coral Way lying between Lot 3, Block 4, and Lot 1, Block 5. Request - Allowance for 2 ft. overhang into setback on north and south side to permit reasonable design of profes- sional offices and compliment neigh- borhood Location - 3650 South Seacrest Boulevard ApPlicant - Alexander A. Simon, Jr. Mr. Gordon read the above application and the reason requested based on this being a unique corner lot with residential zoning on two sides and frontage setbacks on two other sides, resulting in minimal buildable area. He also read a letter authorizing Mr. Alexander A. Simon, Jr. to represent Dr. Charles J. Simon for this application. Mr. Alexander A. Simon, Jr. came before the Board and advised that he resides adjacent to this parcel in question. The parcel as indicated is a small lot and this is a small re- quest. His house is to the east of this lot, to the north is the Jehovah's Witnesses Church, and streets on the other two sides. They would like to build a small professional office on this property. It is a unique corner lot with having residential on both sides. With having to take a 30' setback on each side,there is barely adequate room to build. When the lot was purchased, the setbacks were different. When they applied for the building permit, there was no indi- cation the overhangs were not permitted in the setbacks. However, by its absence in the code, it was interpretted as not being permitted. They would like the overhang because it gives shade and allows the building to go to the setback. He does not think a 2' overhang will be obtrusive. He checked with the neighbors and there are no objections. Other communities in the area approve overhangs being in the setbacks. He tried to minimize the overhangs to give shade on two sides, the south and north, and the church is to the north with a driveway in between and a street is to the south. Many professional offices are designed, this way. -12- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mrs. Czufin asked if there were plans for the building and Mrs. Kruse submitted plans to the Board members to review. Chairman Thompson clarified that with a 30' setback on all four sides, the.building could only be aboUt 80 x 90 feet and Mr. Simon advised it would be about 3,000 square feet. He added the design of the building had to consider the parking requirements. He added that he feels a 2' overhang is fairly minimal and 3' is allowed in a residential area. He feels the 28' setback is suffic~nt from 36th Avenue and the church. Ms. Artis clarified that the building itself would be within the setbacks and Mr. Simon agreed. Chairman Thompson questioned the height of the building and Mr. Simon replied it would be about 12' high. Mr. Keehr announced that for the benefit of the Board, he would like to make a statement regarding setbacks in relation to overhangs. There are certain commercial zones calling for no setbacks and in this case, an overhang would be im- possible. They also consider the fire situation where an overhang might encroach too close to a building. However, in this particular case, neither one of these relate to this particular site. Mrs. Czufin asked if this part of Seacrest Blvd. would be widened and Mr. Simon informed her that this design allows for the widening. He added that all along Seacrest Blvd., there are commercial buildings with roofs within a couple feet of each other. If this variance is approved, there would still be 28' from the property line. In regards to fire, the buildings are about 40' apart. Mr. Zimmerman clarified that if the variance is not granted, they would have to use this design without the north and south overhangs or reduce the north/south dimension of the struc- ture about 4' and Mr. Simon agreed. Mr. Zimmerman asked how much office space would be eliminated and Mr. Simon replied that it would eliminate about 200 square feet of the building or about 7% of the building. Chairman Thompson referred to the land being purchased in April 1971 and asked if he had any idea what the limitations on zoning were at that time and Mr. Keehr replied that the overhang was not addressed at that time. Chairman Thompson added that the R-lA zoning, which was ~he former zoning, the overhang was allowed and Mr. Keehr added that a 2' overhang is permissable in any residential area. Mr. Zimmerman asked when this was rezoned and Mr. Simon replied in 1977. Mr. Zimmerman asked when Coral Way was abandoned and Mr. Simon replied many years ago. Mr. Zimmerman clarified that both of -13- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 these changes which were granted by the City were favorable to the owner, the rezoning and abandoning the right-of-way. He added without this, the lot would only be about half the size of what it is now.~ These are things which were done in the past which did not work a hardship on the owner. What is the hardship being presented tonight? Mr. Simon replied that this is a unique situation with it being a corner lot of this dimen- sion with residential on two sides and two streets on the other two sides and a 30' setback is required on each side. This minimizes to a large degree the size of the building which can be placed on this lot. They would like the building to have a 2' overhang which they think is better for the neigh- borhood. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and received no response. He asked if anyone wanted to speak against the granting of this variance and received no response. He asked if there was any correspondence and Mr. Gordon responded negatively. Chairman Thompson declared the floor open for discussion by the members. He stated that he personally sees a hardship in several ways, one is with this lot being landlocked and the 2' overhang they are asking for was permissable in the former zone and also at the time of purchase of the property. Mr. Ridolfi stated last week he visited the site and talked to five residents. All of them seem to be in favor of what Mr. Simon is asking for. Nobody seemed to be against it at all. Mrs. Czufin stated this is a unique situation with it being a corner lot with residential on one side and the church on the other. She thinks the design presented is very attrac- tive and will certainly improve the area. Mr. Ridolfi made a motion to grant this variance, seconded by Mrs. Czufin. Under discussion, Mr. Ridolfi commented that he thinks the design of this building is not detrimen- tal to the area. It is an ideal spot for this type of opera- tion. All the residents seemed to be in favor. As requested, Mrs. Kruse then took a roll call vote on the motion and the motion carried 7-0, with all members voting in favor. Discussion Chairman Thompson referred to having new members on the Board and suggested taking some time to get acquainted and discuss- ing some of our responsibilities. The alternates are encour- aged to take part in the ~discussions, but they cannot vote on motions. -14- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Chairman Thompson referred to the regular meeting being held on the second Monday of the month at 7:00 P. M. and the fourth Monday is reserved in case there are too many applications submitted to avoid having them pile up for one meeting. He ascertained the members were still in agreement with this procedure. Mrs. Czufin questioned the 7:00 P. M. meeting time and the other members expressed agreement to continue meeting at 7:00 P. M. Chairman Thompson suggested that the members read the new booklet sent to them by the City Planner. Mr. Zimmerman added the two new members may want copies of the code and map and Mr. DiSarli and Mr. Blum advised that they both had received these. Chairman Thompson suggested that it was advisable to visit the sites in advance of the meeting and if any additional information is needed, the Building Department will be glad to help you. He requested that each member receive identi- fication cards this year. Mr. Gordon referred to the cost of gas increasing and questioned if the City pumps would be available to supply gas for visiting the sites? Chairman Thompson referred to it being a great experience to serve on the Board and suggested that decisions be made in the best interest at the time with an honest vote being given. Mr. Keehr advised that he works full time for the City in the Building Department and if he can be of any assistance, he will be glad to help any of the members. Mr. Zimmerman told about the City Attorney sitting with the Board a couple years ago to make clarification and stated the one thing impressed upon them is there must be a hardship imposed by the City which should be present if we want to defend ourselves in court if it ever went to that extreme. Mr. Cheney informed the Board that he has had some discussion with the City Attorney and he would be glad to arrange a session with the Board with the City Attorney present to give some guidelines. There are a lot of court cases which have established precedents along the way. He thinks it would be very helpful for the Board members and knows Mr. Vance would be glad to meet with the Board. He suspects as the City con- tinues to grow, there will be more questionable variance applications brought before the Board and they may want to be careful in addressing them, so there won't be a court case. He thinks it would be worthwhile to have such a meeting. There are phrases which become important such as unique, etc. -15- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 Mr. Cheney continued that the Board of Adjustment in essence may be doing rezoning, which in his judgment is a function of the City Council. Mr. Vance will be glad to talk to the Board and give a presentation. Mrs. Czufin referred to Hunter's Run appl~ying to the City Council for a reduction in parking spaces and stated she thinks the Motorola application tonight was the same idea. It is hard to distinguish why one comes to this Board and the other does not. Mr. Cheney stated that possibly consid- eration should be given to amending the zoning ordinance to have a different requirement in certain kind of parking areas not serving the public. This may be an issue for the City Council to decide. Also, possibly the bank should consider requesting rezoning to C-2 or C-3 instead of remaining in C-1. The question must be asked whether this Board is rezoning or addressing a hardship. He thinks Mr. Vance can give some guidelines from court decisions. Ms. Artis agreed that she had a problem deciding where the difference was with the parking requests from Hunter's Run and Motorola and Mr. Keehr replied these were two different things - numbers and size. Mrs. Czufin asked if it would be possible to meet at 7:00 and have the audience not come until 7:15, so we can ask some ques- tions. I't is hard to go through all the applications and find out the background. Mr. Keehr suggested that questions be asked of him before the meeting and he will give the answer at the meeting. Chairman Thompson stated the duties of the Planning & Zoning Board and Board of Adjustment must be separated. Mr. Keehr advised that starting on Page 38 of the zoning book, an ade- quate outline is given how to conduct hearings and make deci- sions. Mr. Blum, Mrs. Czufin, Mr. Ridolfi, Mr. DiSarli and Ms. Artis replied that they did not receive copies of the zoning book. Chairman Thompson stated we were under the impression that the only recourse of our decision was through the courts, but we were told last year this is not true. Mr. Ridolfi agreed he was under the same impression, but an applicant was allowed to re-apply last year. Mr. Keehr informed them that in checking the ordinances, nothing was stated saying the person could not re-apply. Mr. Cheney clarified that if someone wants to appeal the Board's decision, they must go to court; however, in regards to the swimming pool enclosure, they looked up to see whether there was any limitation and there was not. They may want to talk to Mr. Vance about in- cluding a limitation. There is no limitation now and someone -16- MINUTES - BOARD OF ADJUSTMENT JANUARY 28, 1980 can re-apply with a new fee submitted. It is actually not an appeal of the decision, but just asking the Board to recon- sider. Appeals must go to court. If the members think it is a good idea, they may want to include a limitation. Chairman Thompson stated that we wanted' the City Council to consider this and Mr. Cheney replied that request is pending. They may want to discuss with Mr Vance the time limit to be placed. ' Mr. Zimmerman made a motion that we accept Mr. Cheney's offer of getting the City Attorney at his convenience to attend one of our regular meetings to give us a little guidance on the legal aspects of our duties and explain the ordinance clearly to us in the near future. The members expressed agreement. Chairman Thompson added that when the date is set, possibly we could come earlier than the meeting time for this discus- sion. Mr. Cheney replied that all meetings are open to the public and they should not hesitate to ask any questions even if the public is present. ADJOURNMENT Mr. Zimmerman made a motion to adjourn, seconded by Mrs. Czufin. Motion carried 7-0 and the meeting was properly adjourned at 9:15 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -17-