Loading...
Minutes 12-10-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA~ MONDAY, DECEMBER 10, 1979 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary Serge Pizzi Ben Rido!fi Paul Slavin Carl Zimmerman Marilyn Czufin, Alternate Bert Keehr, Deputy Bldg. Official ABSENT George Ampol, Vice Chairman Li!lian Artis, Alternate (Excused) Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Deputy Building Official, Board Members, and Recording Secretary. APPROVAL OF MINUTES Mr. S!avin moved that the minutes of November 12 be adopted as pre- sented, seconded by Mr. Pizzi. Motion carried 7-0. Mr. Ridolfi made a motion to accept the minutes of November 26 as presented, seconded by Mr. S!avin. Motion carried 7-0. PUBLIC HEARING Parcel ~2 - The West Half of Lots 59 & 42, Dewey's Subdivision, less road right-of-way Recorded in Plat Book 1, Page 57 Palm Beach County Records Request - Reduction in off-street parking requirements from 16 spaces to 4 spaces, or in the alter- native, determine that sufficient off-street parking facilities are available to conduct proposed restaurant facility in professional office plaza to meet technical requirements and intent of code. Address - 659 East Ocean Avenue Applicant - First Financial Development Corp., and Dr. Kim's, Inc. Mr. Gordon read the above application. Chairman Thompson explained the procedure of the Board and the votes necessary for the granting of a variance. MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 1979 Mr. Gene Moore, attorney representing Dr. Klm, came before the Board and advised that Dr. Klm has contracted with First Financial Develop- ment Corp. to buy Unit 104 in this condominium office building. He referred to Dr. Klm being a medical doctor from Korea and told about him having success with restaurants located in Jamaica and Toronto. He continued that Dr. Kim originally wanted to have a 150 seat re~ taurant but due to the time element and the requirements, he lowered this to a 42 seat restaurant. The code provides there must be off- street parking within 300' and also in addition to having the right to use the property~ the applicant must own the property. He is asking relief from this. He then told about securing a five year lease with the First Bank & Trust for 45 off-street parking spaces located approximately 40' from the restaurant. He feels a variance to utilize these leased spaces would not violate the intent of the code nor give any special privilege. This would meet the general intent of the code which is not to put any undue burden on off- street parking in the area. Because of the language of the code, it says he must own the property so he is requesting a variance. As a practical safeguard, if for any reason the off-street parking covered in this lease was terminated, the City could deny the occupational license. He believes this is a built-in safeguard for the City to avoid any type of situation where he would be able to get in on the strength of this lease. Mrs. C~uf~n asked if there would be alcohol served at this restau- rant and Mr. Moore informed h~m there would only be beer and wine. Mrs. Czufin referred to two restaurants being located close by and questioned the possibility of these customers parking in the bank lot and Mr. Moore replied that they have no authority to be in there and will be towed away if parked on First Financial Plaza. He then explained this restaurant would be different in that it will be located in a professional office building where there is parking and the restaurant will not open until $:00 P. M. He does not believe they will have to use the bank area for p~king. Mr. Moore then added that he knows many cities acknowledge the dual use where restaurants are located in shopping areas. He also knows many other cities do not require you to buy the s~ellite parking; a reasonable lease is acceptable. Also, there are other examples in town with Gulfstream Marina and the bus station being approved with parking allowed on leased land. Chairman Thompson clarified this would be the only place of busi- ness open after 5:00 P. M. and Mr. Moore replied affirmatively and added that all the units have been sold with the exception of one and the use is restricted to professional office. Chairman Thompson referred to the location of the parking at the bank and Mr. Moore explained that it is in the extreme southeast corner of the bank parking lot approximately 40' from the entrance to the restaurant. -2- MINUTES BOARD OF ANIUSTMENT DECEMBER 10, 1979 Mm. Gordon referred to the possibility of this restaurant expanding and questioned what happens when the lease expires in five years and Mm. Moore replied he will have to get the lease renewed or lose his occupational l~cense. Mr. Gordon commented that he thinks there should be an option clause in this proposal and Mr. Moore explained how the bank was being especially cooperative to get this business established in this area and stated the lease could be for ten years, but where do you stop? The day this lease is cancelled, the occupational license can be revoked. It would be very difficult to tie it up longer than the five years. Chaimman Thompson agreed there is a safeguard here with the occupational license having to be menewed every year. Mr. Moore added that if there is any complaint, the City has the right to come in. He added that he hopes the City Council will give this clause some consideration in the future as there should be some other variation to having to own the property. He clarified that all the require- ments have been met with the exception of owning the additional land for the parking. Mm. S!avin asked if Dr. Kim intended to open the restaurant for lunch and Mr. Moore replied negatively. He added the lease will not allow the parking to be used during banking hours. However, if the bank is shown there is only a need for 16 parking spaces~ possibly they will allow it to open earlier. The intent is to open just for the dinner hour. Mrs. Czufin asked if there was a possibility of the road being en- larged and Mr. Keehm replied negatively. Mr. Moore added that it looks tight now because of the construction trucks but it will be finished in the correct way. Chairman Thompson added that there are no parking spaces directly in front of the building and if the street is widened, it would not affect any parking. Mr. Moore pointed out that the main entry way will be from Ocean Avenue and 2nd Avenue. Also, theme amc 22 under-cover parking spaces behind the ground floor units. He thinks it would be a shame to lose this type of internationally known restaurant. Chairman Thompson asked if anyone else wanted to speak in favor of the granting of this variance and received no response. He asked if anyone was opposed to the granting of this variance. Mr. Kenneth Lyman, 216 S.E. 3rd Street, came before the Board and advised that he owns the property directly to the east. He re- ferred to a lot of business licenses being granted in the past without sufficient parking and stated he is opposed to this prac- tice. Mrs. Czufin asked if he didn't think the bank parking would work out and Mm. Lyman replied that he was not present duming the whole discussion and if they have permission to park at the bank, it should be all right. Chairman Thompson informed him that a lease has been submitted for parking at the bank and it is just a technical term whether they must own or lease the parking. Mr. -3- MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 1979 Slavin read the lease submitted. Mr. Pizzi added the lease is for a period of five years and the City maintains the leverage if they don't lease the parking, the occupational license will be revoked. Mr. Gordon then read the correspondence received: a notedfrom Mr. & Mrs. C. Barborini, 760 East Ocean Avenue, stating they are against granting a variance to the applicant; a note from Mr. William G. Lenzi, 760 East Ocean Avenue, in opposition to this request; and a letter from Mr. James R. Branch, Jr., owner of the Ocean Plaza Shopping Center, protesting to any exception to the parking code since it will force customers to use his parking lot across the street. Chairman Thompson then opened discussion of the matter to the Board members. He pointed out that Dr. Klm is actually not asking for anything which does not exist. This is, 9erhaps, the first time someone has asked for parking spaces which actually exist. He believes the line separating purchase and rent is narrow. If something exists, it should certainly make a difference. Mr. Pizzi stated that he thinks this will meet the requirements, as long as the City maintains the leverage to see they always have sufficient parking. He feels they are meeting the requirements by submitting this lease. He told about doctors leasing property to meet the parking requirements. Chairman Thompson stated this business will operate after the clos- ing of the professional offices. Mrs. Czufin stated she is not worried about the five year lease, but there is a question about opening for lunch and breakfast. Mr. Moore clarified that he is only asking for after 5:00 P. M. and if a change occurs, he would have to come back before this Board. He only has the right to useethe off-site parking after closing hours of the bank after 2:00 P. M. Mr. Slavin questioned the occupation of the professional office residents and Mr. Moore replied there will be no doctors and ex- plained how their parking tended to create a greater impact. Mr. Moore continued that three of the objections are from resi- dents of the Coastal Towers, which is immediately across from the Banana Boat and they do have a problem because of the impact. However, that is 1~ blocks from this restaurant. He is sure no- body would park at Coastal Towers when they could park 40' away or by the restaurant. He doesn't believe these people read the application or are aware of the fact they have leased property for parking. This is not violating the intent of the code because there are physical places. Also, there are 125 units at Coa~al Towers and only three complaints were received. Mr. Lyman asked how the people would be kept from parking across the street and Mr. Moore replied they could be towed away and he added that he does not think there would be an impact on something 150~ away when they can park 40T away or next to the building. -4- MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 1979 Mr. Zimmerman stated in light of the uncertainty just where the patrons to this restaurant wou~d park, even though there is parking available for lease at the bank site and they might create a pro- blem, maybe this Board would see fi~ to grant a conditional vari- ance for the period of the lease. It looks like possibly the City would be put in a spot with granting a license if they have the variance unconditionally and they have met all the requirements for the license. Mr. Moore stated there have been many abuses over the years where people have asked for a reduction in parking and as an alternativ% they submitted that they have sufficient physical spaces in exist- ence. They are meeting three times the requirement, but it is off- site and under lease. He does not think there is any uncertainty where these people will park. He thinks they will park on-site or within 40' of the facility. They feel they have met the require- ments. If someone wants to park farther away, he doesn't know how it can be stopped. They do have spaces available to meet the intent of the code. Mr. Ridolfi asked if it could be advertised at the restaurant that parking is available at the bank and Mr. Moore replied affirma- tively. He added the restaurant can only handle 42 people at a time and it w~ll only be opened from 5:00 until 10:00 P. M. Even if the restaurant is f~lled, he doesn't think there would be more than 20 cars. Mr. Gordon asked if there was any chance of this restaurant expand- ing and Mr. Moore replied that Dr. Klm initially anticipated 150 seats, but could not meet the parking requirements. He thinks the City and this Board has total control over this situation. Mr. Slavin referred to several months ago many people coming from the Coastal Towers in objection to a request from the Banana Boat for a variance and stated this is a similar situation, but in view of the fact that a lease has been drawn up between two responsible people for leasing parking, he does not see why the objections from the people of Coastal Towers are that important, but they have every right to express their view. Chairman Thompson clarified that previously part of the problem was parking at Coastal Towers when the Banana Boat wanted to expand. Mr. Zimmerman asked if parking was assigned in the condominium documents and Mr. Moore replied that each unit has four spaces, which meets the code. He explained that two parking spaces are assigned to each unit for private use and the others are in a pool unassigned for the customers. He further explained the parking was calculated on the entire square footage area with not deducting space for rest rooms, storage areas, etc. -5- MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 1979 Mr. Slavin made a motion that this variance be granted to First Financial DeVelopment Corp. and Dr, Kim~s, Inc. permitting them to lease off-site parking areas and be permitted to operate the business. He referred to hearing the background of Dr. Kim~s opera~ion and stated this will not, in his opinion, be another Banana BOat or Two Georges. In his opinion, this will not be an ~element which Will attract boisterous people. They have provided ample parking space required which is proof enough they will comply to all regulationsoof the City. He thinks Boynton Beach is growing and should go with the times. Mr. Gordon then seconded the motiOn. As requested, Mrs. Kruse took a roll call vote and the motion car- ried 7-0 with everyone voting in favor. Parcel ~1 - Lot 5!0, High Point Recorded in Plat Book 23, Page 225 Palm Beach CoUnty Records Request - Relief from 7'6" side setback requirement to 3' side setback for screen enclosure around pool Address - 207 S. E. 25th Avenue Applicant - Orville A. & Eva E. Kroeck Mr. Gordon read the above application. Mrs. Eva E. Kroeck, 207 S. E. 25th Avenue, appeared before the Board and referred to this application having been heard previously and stated upon reading the minutes of the meeting, she thought it would be only fair to set the matter straight. It would appear they had set out to violate all regulations and disregard the existing zoning regulations which is not true. They started this entire project with the addition to the house in October 1978. They went through a number of communications by mail and phone with the contractor, Mr. Jones. Mr. Jones put them in touch with the contractors who built the pool. The first estimate for screening the pool was re- ceived in March 1979 and Mr. Jones advised they could not have the screening without a variance. In April, they discussed the matter with Mr. Keehr and were advised to pursue the variance in October when they would be living here permanently. However, on her father's 86th birthday in July, they decided to bring him to Florida since he was ill. It was impossible for her father to get in and out to the patio because of the sliding door. They requested Mr. White to go ahead with the screen enclosure. It was not done with the intent to disobey the law, but they planned to go ahead with the formalities in October. They were not aware it was actually in violation. In checking the neighborhood, they found many variances were granted and were led to believe with their hardship, their variance would be granted also. However, when arriving on July 5, they received the notice of violation dated June 11. They again discussed the matter with Mr. Keehr and he sug- gested that possibly Mr. White could represent them at the hearing -6- MINUTES - BOARD OF ADJUSTMENT DECEMBER !0, 1979 to request the variance. They followed this suggestion, but feel in reading the minutes itwas thought they intentionally went against the law, which is not true. They did not realize this was more than a routine matter. They did go through the normal Procedures. Mrs. Kroeck continued that it was for that reason after the in~ial hearing that they talked to the Building Official, City Manager and Mr. Keehr and asked to have a hearing to present their side of the story to make it clear it was not their intention to do this as the minutes conveyed to them. It did not seem it was that wrong and could be corrected when they moved here. Over a year has been spent in this whole process. She certainly would appreciate any consideration the Board can give in this matter. Mr. Pizzi stated the original request was the side setback be re- duced from 7~6'' to 3' which is noted in the application; however, Mr. Cheney~s memo changed it to 5'4" from the property line. Mr. Keehr clarified that 5~4'' was mentioned in conversation with the City Manager, but the application was not changed and it is identi- cal to what was asked for the first time. The memo has no bearing on this request. Mr. Zimmerman asked wheme the enclosure is built now and Mrs. Kroeck informed him that it is on the east side of the house, 3~~ from the property line. Mr. Zimmerman clarified that it is built exactly as indicated on the drawing and a variance is requested in order to leave it at that location. Mr. Keehr agreed but clarified that if it met the code, it would have to be moved in within 1' of the pool and this would not work because according to the regulations, it must be 3~ from the pool. There is no way to comply at all. Mr. Zimmerman clarified that the pool was built in the wrong place. Mrs. Czufin questioned when they were first aware they had to apply for a variance and Mrs. Kroeck replied that Mr. Jones telephoned them in March advising they could not have screening as planned without a variance and they planned to come down in April and make the application. Chairman Thompson stated when the pool was built, it was impossi- ble to screen it and Mrs. Kroeck agreed, but stated they were not aware of it. Mr. Pizzi asked if they intended to screen the pool when it was built and Mrs. Kroeck replied they did not have any definite thoughts then, but planned to look into it. She added when you are not handicapped, you do not realize the problems a handicapped person has getting in and out. Mr. Pizzi clarified that her father became handicapped later on and Mrs. Kr~ck agreed. Mr. Ridolfi clarified that first a permit was obtained for the addition and then one for the pool and Mms. Kroeck agreed this was correct with the contractors obtaining the permits. Mr. Ridolfi clarified that the only question is the screen enclosure. -7- MINUTES BOARD OF ADJUSTMENT DECEMBER 10, 1979 Mr. Ridolfi told about visiting the site and talking to the neigh- bors and stated the majority of the neighbors were not opposed to the screening. Mrs. Kroeck added that it was their understanding all the neighbors were in favor. Mr. Ridolfi commented that their house does look nice and Mr. Pizzi added that it is a vast improve- ment to the neighborhood. Mrs. Kroeck showed some pictures of the house Mr. Slavin referred to the resume Mrs. Kroeck submitted and read the paragraph: "October 6, 1978: New proposal for pool based on a requested variance; final pool cost estimate and a screen cost estimate." He referred to this being conflicting to what was stated and Mrs. Kroeck clarified that there was no request for a variance for the screen at that time and she was told a variance was needed for the pool. Mr. Keehr clarified that the pool is sitting according to the code setback requirements for pools and no variance was necessary. The pool is required to be protected with fencing or a screen enclosure. The applicants decided they wanted a screen enclosure and a variance is required because it must be 7~6'' from the side setback. In all cases, the plan check people advise when a pool is built within 8' of the propmty line, a screen enclosure will not be advisable. Mr. Slavin referred to the blue print showing a 6' wooden fence and Mrs. Czufin informed him that this belongs to the neighbor. Mrs. Kroeck added that they have a partial chain link fence around the pool and explained the location. Discussion ensued regarding the actual pool construc- tion. Chairman Thompson then asked if anyone else wanted to speak in favor of granting this variance. Mrs. Elizabeth Woodard, 203 S.E. 25th Avenue, stated she appeared for the previous request and has nothing additional to add except she is very much in favor of this. It is good for the neighbor- hood and enhances the value. She thinks it is a good looking structure overall with the screening. Mr. Tom O'Brien stated he lives directly east of this enclosure and has no complaint and thinks it is beneficial to the whole community. It is good looking and there are no problems. Mr. Dick Jones, General Contractor, stated he was present if there are any questions. Mr. Slavin requested Mr. Jones to tell about the events regarding the pool construction and Mr. Jones told about building the addi- tion and assigning the installation of the pool. When this was about completed, Mrs. Kroeck had some serious problems with her father and asked if there could be a pool enclosure built. The Building Department informed him a variance would be required and Mr. $ Mrs. Kroeck came down and they discussed this with Mr. Keehr. -8- MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 1979 Mr. Jones continued that Mrs. Kroeckfs father's condition deteriorated and she requested the screen enclosure to be built feeling she could take care of it when they moved here. They have owned property in Boynton Beach for over 20 years and did not intentionally break any laws. Mm. Keehr referred to the procedure followed in this whole matter and stated unfortunately maybe too many people were involved. Chairman Thompson clarified that the screen enclosure was an after- thought and Mr. Jones agreed as it was something which came along because of the problems Mrs. Kroeck was having with her father. Chairman Thompson pointed out that the screen enclosure allows the father to enter the pool area and questioned the hardship without the screen enclosure and Mrs. Kroeck explained that her father could not go in and out of the house without assistance if the door was not opened. Chairman Thompson asked if anyone wished to speak in opposition to the granting of this variance and received no response. Mr. Gordon asked if at the present time Mrs. Kroeck's father used a walking cane or a wheelchair and Mrs. Kroeck informed him that at this present time, he is using a cane. Mrs. Czufin re~erred to visiting the site and told about these addi- tions being a great improvement. She thinks it would be a shame to deny a case of hardship such as this. This is strictly a question of out-of-town misunderstanding. She thinks they should be able to keep the screening for the father and thinks it would deteriorate the appearance of the pool if they did not. Mr. Pizzi added that he has sentiments along the same line and it is obvious a lot of money has been spent and there was a lack of communication. Mr. Zimmerman stated that he doesn't believe the conditions have changed much, except perhaps the elderly gentleman is in better condition now than before. He does not see where the City has caused a hardship. He has not changed his opinion. He voted against it previously and will have to do it again. Mr. Pizzi replied that he thinks the background shows they intended to comply with every City code and ordinance. They did not anticipate the screening until the need arose. He exglained how the distance involved caused a breakdown in communications and now the owner has come before us and given a full explanation. Chairman Thompson referred to the reference in October 1978 of a screen estimate and stated at that time, the parties involved should have been fully aware that no screen could be put there. It is not a hardship caused by the government regardless how it looks. It is a hardship now that the screen is there consider- ing the money invested. At the time of the construction of the pool, it was not a hardship. -9- MINUTES - BOARD OF ADJUSTMENT DECEMBER 10, 19Y9 Mr. Pizzi referred to the addition being built for the father and stated it was decided screening was needed after the man got sick and he considers ~this a hardship. Mr. Zimmerman pointed out that Mr. & Mrs. Kroeck are real estate specialists and stated they should have the experience and wisdom to know to check with the authorities as to what the requirements are for making additions, etc. This is their business and it is hardly e~cusable to say they were not aware of what happened. Mr. Slavin agreed, but stated he did not think Mr. & Mrs. Kroeck were the real culprits and he feels Mr. Jones & Mr. White should have known better. He explained how the applicants had spoken to the contractors and asked the necessary questions, but he does not know if the contractoms lived up to their complete obligation. The City did not create any hardship. Mr. $ Mrs. Kroeck have ex- pended a great amount of money for her father's comfort. There was a problem with the communications. He voted no the last time and basically it is the same, but there is another side of the coin we were not aware of. Mr. Pizzi stated this is not a simple turn-down. This will be a forfeiture if the screening must be torn down. Money has been expended and it would be a terrible hardship at this time to have to remove it. He does not think it would be right. Chairman Thompson stated without the screen, what hardship is placed on the father other than the closing of the door and Mrs. Kroeck informed him that her father would not be able to walk in and out without somebody helping him and he would have to stay in the house. Mrs. Czufin told about the improvements looking lovely and stated they did not intentionally try to get away with something. Chair- man Thompson stated he believes if this application had come before the Board before the screen was built, it would be different. Mr. Ridolfi stated in lieu of the fact that the residents in the area highly respect these people who moved in and what they have done, he makes a motion to grant this variance. Mrs. Czufin seconded the motion. Chairman Thompson requested a reason for the second and Mrs. Czufin replied that she figures through a m~s- understanding with the distance and communication, a hardship developed and a variance should be granted d~e to the hardship caused on the father. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Czufin - Aye Mr. Zimmerman - No Mr. Pizzi - Aye Mr. Ridolfi ~ Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - No Motion carried 5-2. MINUTES - BOARD OF ADJUSTMENT COMMUNICATIONS DECEMBER 10, 19Y9 Mr. Gordon read a note dated October 30 from Mrs. Kruse thanking the Board members for the flowers sent to her while in the hospi- tal. DISCUSSION RE: POWERS OF BOARD Mr. Slavin referred to having a lengthy discussion at the last meet- ing regarding the powers of the Board, rehearing of petitions, etc. and stated the discussion was tabled to seek a legal opinion. Chair- man Thompson replied that he received no word regarding this. Mr. Keehr advised that he forwarded the Board's request to the Cit~j Manager and asked that it be expedited. It must be realized the City Manager and City Attorney both have quite a backlog of work. He did request a reply for this meeting. Mr. Pizzi referred to appearing before many Boards as a lawyer in New Jersey and stated if there was not a different proposition, it could not be reheard. Also, in most towns there was a one year limitation and you could present it again after one year or present it before if there was a change. Mr. Gordon suggested waiting for a reply. ADJOURNMENT Mr. Zimmerman made a motion to adjourn, seconded by Mrs. Czufin. Motion carried 7-0 and the meeting was properly adjourned at 8:55 P. M. Respectfully submitted Suzanne M. Kruse Recording Secretary (Two Tape s ) -11- NOTIC.E NOTICE IS HEREBY GIVEN that the following applications have been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTOM BEACH, FLORIDA, for the variances as indicated, under and pursuant to the provisions of the zoning code of said City: Parcel #1 - Lot 50, HIGH POINT Recorded in Plat Book 23, Page 225 Palm Beach County Records Request - Relief from 7'6" side setback requirement to 3' side setback for screen enclosure around pool Address - 207 S. E. 25th Avenue Applicant - Orville A. & Eva E. Kroeck Parcel 52 - The West Half of Lo'ts 39 & 42, DEWEY'S SLrBDIVISION, less road right~of-way Recorded in Plat Book 1, Page 37 Pal~-BeJch. County Records Request - Reduction in off-street parking requirements from 16 spaces to 4.spaces, or im the alternative, determine that sufficient off~street parking facilities are available to conduct proposed restaurant facility in professional office plaza to meet technical requirements amd intent ~f code. Address - 639 East Ocean Avenue Applicant - First Financial Develqpment Corp., and Dr. K/m's, I~¢:.. A PUBLIC HEARING will be held relative to. the above applications by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday, December 10, 1979, at 7:00 P. M. All interested parties are notified to appear at said hearing in person or by attorney and be heard. PUBLISH: PALM BEACH POST-TIMES November 24 and December 1, 19.79 BOARD OF ADJUSTMENT CITYT'OFBOYNTON BEACH