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Minutes 11-12-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 12th, 1979, 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Benjamin Ridolfi Paul Slavin Carl Zimmerman Marilyn Czufin~ Alternate Lillian Artis, Alternate Bert J. Keehr, Deputy Building Official CITY OFFICIALS PRESENT Peter L. Cheney, City Manager Edward F. Harmening, Mayor Carmen Annunziato, City Planner ABSENT Serge Pizzi Suzanne M. Kruse, Recording Secretary MINUTES Mr. Ampol moved that the minutes of the previous meeting, October 22nd, 1979 be accepted as read, with no corrections or additions. Mr. Gordon seconded the motion. Motion carried. PUBLIC HEARING Parcel Lots 13,14,15,16 HAPPY HOME HEIGHTS Recorded in Plat Book 11, Page 30 Palm Beach County Records Request - Relief from four foot (4') high requirements in front set-back. St. John's Missionary Baptist Church wishes to construct a six foot (6') high fence in front set-back, thus necessitating a variance. Address - 239 North East 12th Avenue Applicant - George Hay Mr. Harris, representating St. John's Missionary Church, at this time stated that he had applied for a fence permit, however had been denied due to the height limitations. He reiterated as to the hardship existing, specifically vandalism to the automobiles parked there, and additionally, the safety of the children who frequently play there. '~INUTES - BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 Mr. Ampol verified ownership of property. Chairman Thompson wished substantiation concerning the relationship of the road to the property lines, and Mr. Keehr verified them to be correct. Mr. Zimmerman questioned at this time as to the utilization of the lots, and was in turn advised that it would be used for a playground and a parking lot for automobiles. Mr. Zimmerman additionally questioned the size of the parking lot and if they would comply with the twenty-five foot (25') set backs. It was determined that it would eliminate many spaces. Ms. Artis questioned the nature of the vandalism that has existed, and Mr. Harris replied by explaining of the breaking into of cars. Mr. Ridolfi at this time made the statement that the general public were using the lot as a place to repair their automobiles, and in view of the fencing and locked gates, this in turn should minimize the chances of this occuring. Chairman Thompson stated the usual request, as to whether anyone was in favor or against this variance, and all were non-committal. He additionally made the statement that three (3) negative votes would disapprove the variance. Mr. Slavin made a motion that this variance be granted to St. John's Missionary Church, and this motion was seconded by Mr. Gordon. Motion carried unanimous, 7-0. Parcel #2 Metes and Bounds Sec. 21, Twp. 45, Rge. 43 Recorded in Plat Book 24~ Page 223 through 226 Palm Beach County Records Request - Relief from M-1 zoning, which requires a fif- teen foot (15') front set-back. Owner is requesting that this requirement be reduced to approximately two feet (2'). Address - 1550 North High Ridge Road Applicant - Timothy J. Kenney At this time, all details necessitating this request were elaborated upon. Mr. Keehr assisted the Board members in substantiating the location of the existing building in conjunction with the location of the proposed building on the property. It was confirmed that the existing building was built in 1973 and front set-backs were not required at that time. It was then clarified that the proposed building is an extension of the existing building. -2- MINUTES BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 Mr. Slavin stated that he had visited the site, and consequently made an extensive investigation of the situation in question. Mr. Kenney at this time presented the Board with several over-lays for their examination, pertinent to purchase of property and locations of buildings. He further gave a detailed history of the company and therefore allowed the Board to familiarize themselves with same, concerning specifics relating thereto. Mr. Kenney additionally stated the hardships affiliated with complying with the present set-back requirements and added that'it would prove to be very confined if they were not to affix it to the present building. Additionally, should they locate it elsewhere on the lot, it would prove to be an inconveni- ence, as the purpose of the new building was to remove raw materials out of the weather, thus eliminating the possibility of having to resur- face them. At this time, Mr. Ampol verified the ownership. Chairman Thompson inquired of Mr. Kenney as to the existing set-back from the front property line to the existing building, and Mr. Kenney replied it was approximately four feet (4'). Mr. Zimmerman inquired as to the possibility of a bridge being construc- ted across the canal on High Ridge Road. It was determined that no one had any knowledge of any such bridge. Chairman Thompson at this time verified the size of the building with Mr. Keehr. Mr. Ampol commented as to its being a conforming structure at the time it was built, however it is non-conforming presently. Chairman Thompson, at this time inquired as to whether anyone was in favor or against this matter. Mr. Slavin commented that he could not perceive any reason why this variance could not be granted as it could have no injurious effects. He spoke of this building being contained within the present fenced in area, and stated that the proposed building would accommodate itself very well into the landscaped area. He further stated that the existing non-conforming building was in no way the fault of Curt Joa's, as the zoning was changed after the building was erected. ~. Zimmerman inquired of Mr. Keehr as to whether the lot area itself was non-conforming, and Mr. Keehr responded by saying that the existing building is non-conforming. Chairman Thompson stated that it is the purpose of this Board to give variances mn cases of hardships, especially in view of when they are brought on by City action, relevant to rezoning requirements. -3- MINUTES BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 A motion was then made by Mr. Slavin that this variance be granted and Mr. Ampol seconded this motion. At this time Chairman Thompson wished to substantiate as to why a motion was made by Mr. Slavin. Mr. Slavin responded by saying that due to the fact that Curt Joa had allowed forty Set (40') of the property for a right-of-way, and having no detrimental effects as such, he was of this opinion and maintained such. Mr. Ampol reiterated his reasoning for seconding the motion, and explanations similarly to Mr. Slavin. Motion carried unanimous by all members, 7-0. Chairman Thompson added the fact that if Curt Joa was to plan on expanding in the future, it would be advantageous to them to secure informational data from the Building Department pertinent to building specifics. The representative from Curt Joa was in full agreement as to this statement. PUBLIC HEARING Parcel ~3 MOTOROLA - Variance ~2 Egress Parcel bounded by Congress Avenue, N.W. 22nd Avenue, Boynton Canal and L.W.D.D. E4 Canal Request - For an additional entry egress point on Congress Avenue. P.I.D. zoning presently allows only two entry egress points per road. Due to distance of this site along Congress Avenue and the nature of the masterplan development, traffic consultants have recomm- ended three (3) entrances, approximately 800' apart. Mr. Gordon, Secretary, read this application in verbatum, pertaining to each individual case. The representative for "Motorola" presented his case for this variance #2, which encompasses primarily the egress and ingress off of Congress Avenue, whereby his site plan illustration depicted three (3) access ways and P.I.D. (Planned Industrial Development) so allows only two (2) access ways. He continued by saying that for the benefit of the Board, should they grant this variance, it should be subject to the approval of the City Council's changing of the zoning to P.I.D. At this point, he introduced the Architect for this project. The Architect so stated that the size of the manufacturing facility, and the number of employees, which would be approximately four thousand, (4,000) would encompass at least three thousand (3,000) automobiles. Consequently, due to the configuration of the property, it would advan- tageously r~lieve congestion and energy waste by having three (3) access ways/onto Congress Avenue. He additionally made mention that he did make,provisions for a traffic consultant to evaluate this situation, ~nd it was thereby recommended to have three (3) access ways. Each access~way would have traffic control devices as the phases of MINUTES - BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 construction progressed. Mr. Ampol stated and so verified that there were three (3) primarily large parking areas. He also inquired as to whether the employees had erratic end of day hours, so as to alleviate traffic congestions. It was then verified that employees will maintain intermittant hours for termination of work days. It was then thought upon that in all probability as to when the ordinance was written, it did not take into consideration property of this size. Chairman Thompson at this time inquired of Mr. Keehr as to whether Congress Avenue would be widened and Mr. Keehr replied that it would, unquestionably. Mr. Keehr intervened by stating that he was of the opinion that the members of the Board had not had an opportunity of seeing the ordinance relevant to access ways in the P.I.D. Accordingly, he read that por- tion of the ordinance and made mention of two (2) critical facts. One of these points dealt primarily with the interest of public safety, and the other called for access ways to be one hundred and fifty (150) feet apart. He restated that these three (3) access ways would be eight hundred foot (800') apart. Ms. Artis then asked the question ~relating to signal devices and was advised that there would be either lights or their own personnel security. Chairman Thompson made mention of a question concerning an additional exit on I95 unto 22nd Avenue. This was answered by the representative of "Motorola",whereby he stated that they were well aware that another exit off of I95 unto 22nd Avenue is inevitable, and hence forthcoming. Mr. Slavin questioned as to any additional exits onto 22nd Avenue, and the response was in the affirmative, in so much as one was planned. Chairman Thompson stated he could readily understand the necessity of three (3) access ways, due to the immensity of the parking areas. Representative of "Motorola" then stated that these areas were disseminated to grant the employees close and convenient parking to their employment areas. Ms2 Czufin then inquired as to whether they were aware of any of these access ways being incorporated with any future access way on the residential side of Congress. It was determined that there was no knowledge of any. Mr. Zimmerman stressed substantiation on the reason for this variance, and reply was that it was primarily due to the number of vehicles which would be exiting after any given shift. Additionally, the factor of safety and expedition necessitated this access way. -5- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 It was once again verified that should this variance be approved, it would be subject to rezoning of this property. Mr. Ampol made a motion of granting this variance, with the stipula- tion of allowing three (3) egresses, subject to the rezoning of P.I.D. This motion was seconded by Mr. Zimmerman. Mr. Slavin, at this time asked Mr. Keehr if he was aware of anything on the "drawing board", relevant to the west side of Congress Avenue, opposite of this property. Mr. Keehr replied in the negative. Chairman Thompson stated at this time that this Board should nom allow any future developing, should this occur, to have any affect on this variance. Motion to grant this variance carried unanimous, 7-0. PUBLIC HEARING Parcel #4 MOTOROLA - Variance ~1 - Height Parcel bounded by Congress Avenue, N.W. 22nd Avenue, Boynton Canal, and L.W.D.D. Canal Request - This ~ariance request if for an extension of the maximum height limitation from forty five feet (45') to sixty feet (60'). In essense, an additional fifteen feet (15') of height, for the construction of a building that will be utilized as a high bay storage system. Applicant is requesting that this building be permitted to be constructed sixty feet (60') in height. P.I.D. stipulates a maximum of forty five feet (45') in height requirements. "Motorola's" representative elaborated upon the use of the building and stated that this building will be no closer than three hundred and fifty feet (350') from their property line. This gentleman also produced an illustration depicting location of this particular bUilding on their site. Additionally, the location they would be permitted to construct a building on, and the fact that they would be allowed to construct a building within fifty five foot (55') of their property line. This in turn would restrict the view far greater than their sixty foot (60') building situated three hundred and fifty foot (350') from their property line. Mr. Ampol corroborated'the size of the structure they are requesting relief on. -6_ MINUTES BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 Representative of "Motorola" stated that illustration of building depicted five hundred feet (500') from the property line. Mr. Zimmerman inquired as to the size of the actual structure and response indicated it to be approximately one hundred (100) by two hundred feet (200'). Mr. Slavin asked the question that in view of their having no exper- ience with this type of system, would it be possible that they would require a higher than sixty foot (60') structure. "Motorola's" representative responded by saying that they do have such a structure at another plant, however adamantly stated that they would not require anything beyond a sixty foot (60') height. Chairman Thompson confirmed the fact that they will require the entire sixty feet (60') height for this structure. Mr. Ampol commented at this time that for years the City Council has been very stringent concerning the forty five foot (45') height requirement, and in view of such, he felt that in all probability a precedent would be set here. Chairman Thompson intervened with the statement that each individual case must be so judged on its own merit, and thusly felt that it would not set a presedent. He additionally asked Mr. Keehr as to what effect this building would have on the residential area to the east. Mr. Keehr replied, -that as per the illustration, they could build a building within fifty-five foot (55') of the lot line, accordingly, this would represent more of a visual problem than the building they would propose. Mr. Keehr further stated and confirmed the fact that this is an uncommon case, whereby a building would be built in the midst of such a large development. It was further brought out that it would be improbable, from a distance of five hundred feet (500') to detect the difference between forty-five foot (45') and sixty foot (60'). Mr. Slavin asked as to how far a building would go from the Lake Worth equalizing canal, and "Motorola's" representative stated that it would be five hundred feet (500'). Mr. Zimmerman, at this time, asked the representative to once again state reasoning matters for requesting this variance. Representative responded by reading, verbatum, the request for this appeal. Mr. Ridolfi inquired as to the fire protection and response was that the complete building would be equipped with sprinklers. Chairman Thompson inquired as to whether the fire protection for this type of structure, and the fact that it was sprinkled, would eliminate the necessity of the City having to purchase fire equipment to extend to sixty feet (60'). -7- MINUTES BOARD OF ADJUSTMENT NOVEMBER 12th, 1979 As such, the City is not equipped with this type of fire equipment. The representative, at this time, stated that the sprinkler system will encompass 100% of the area, and shall be "in rack" sprinklers, which are sprinklers all the way up the storage area. Mr. Keehr then stated_that as per the architect, this construction will be of Type II, and this in itself offers a great deal of fire resistance. Mr. Zimmerman stated that he was of the opinion that one of the most consequential items that should be ascertained is the size of the building and the placement of same, and should be part of the variance. Mr. Slavin verified the fact that the variance would additionally include the statement that the building could not be constructed any closer than three hundred and fifty feet (350') from any property line. Additionally, this will also be subject to the approval of the P.I.D. zoning. Mr. Gordon made the motion that variance be granted subject to the P.I.D. zoning. Verbatum as per variance ~1; this building be a single building. Ms. Czufin seconded this motion. Mr. Gordon stated his reasons for making this motion to grant this variance, and this was simply that this particular building must be a sixty foot (60') height for functional purposes. Chairman Thompson clearly stated the fact that should "Motorola" decide not to build, that this variance would not be transferred to any other party. Motion to grant this variance carred 7-0. OLD BUSINESS Chairman Thompson discussed the number of meetings which would be held each month with the Board members. After considerable discussion it was determined that they would hear the case on the 26th of November, however this would be the last case unless it was on an emergency basis. Henceforth of this time, there will be only one (1) meeting per month. ADJOURNMENT Meeting was property adjourned at 9:30 P.M. Respectfully submitted, BK:fs -8- Bert Keehr Rec6r~d~ng Secretar. y Building ot~ici~