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Minutes 11-12-84MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, NOVEMBER 12, 1984 PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Joseph Moore Paul Slavin Ben Uleck Lillian Artis, Alternate Harold Weinberg, Alternate Bert Keehr, Deputy Building Official William P. Doney, Assistant City Attorney Chairman Thompson called the meeting to order at 7:00 P. M. and noted a full Board was present. He introduced Mr. Keehr, the Assistant City Attorney, Members of the Board, and the Recording Secretary. Chairman Thompson recognized the presence of Mayor Carl Zimmerman and Councilman Nick Cassandra in the audience. MINUTES OF SEPTEMBER 10, 1984 Vice Chairman Ampol moved, seconded by Mr. Moore, to approve the minutes as presented. Motion carried 4-0. Messrs. Gordon, Mearns and Slavin abstained from voting as they were not present at the meeting. PUBLIC HEARING Chairman Thompson pointed out that it takes five votes to approve an application for variance and only three votes to deny a variance. He read the six criteria the Members base their judgments on and said the Board would take them into consideration as they hear from both sides. If additional time is granted to one side, Chairman Thompson said he would~ also grant the same time to the other side. Case #68 Applicant~- Owner: Agent: Request: Proposed Use: LocatiOn: Louis J. Johnson Hugo C. Davis Relief from R-iA zoning requirement of 25 foot front setback to be reduced to 10 foot front setback Build a carport 219 N. E. 7th Avenue Lot 12 SUTTON MANOR Recorded in Plat Book 29, Page 122 Palm Beach County Records - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Secretary Gordon read the application and answers to the six questions outlined in paragraph 5 (a-f). He also read a letter addressed to the Board, signed by Louis J. Johnson, authorizing Hugh C. Davis to act in his behalf. Mr. Hugh C. Davis, 114 Lake Emerald Drive, Apt. 202, Fort Lauderdale, Florida 33309, thought everything was very well covered in the application. As Mr. Johnson is still not very mobile because of his injuries, he had asked Mr. Davis to be at the meeting. Chairman Thompson noticed that the property was purchased October 5, 1984 and asked when the accident took place. Mr. Davis replied that the accident took place before the pUr- chase. The previous owner, who is related to Mr. Johnson, agreed to act as caretaker. As part of their agreement, Mr. Johnson is investing to improve the property. Mr. Davis informed Vice Chairman Ampol that Mr. Johnson's accident took place in February, March, or April of 1984. If they knew they wanted to add onto the carport and it was against the rules of the City of Boynton Beach, Mr. Uleck wondered why they purchased the property. It was Mr. Davis' understanding that they were residents of Boynton Beach for a long time and their friends and some relatives are in the area. Basically, they did not want to move from their neighborhood, family and friends. Mr. Uleck felt the carport sticking out another 15 feet would spoil the appearance of the community and asked Mr. Davis what the neighbors would think. Although he feels sorry for the handicapped, Mr. Uleck said if the City changes its regulations and Codes, they would be all over the street. He said the City does have considerations for the handicapped. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson informed Mr. Ampol there were no other communications. He asked if anyone wanted to speak against granting the variance. There was no response. Vice Chairman Ampol asked what the distance was between houses. When the homes were constructed, Mr. Keehr advised there was a six foot side setback. Mr. Uleck looked at the property and said it was like a circle. If the handicapped had no way of getting in and out, it would be a different story, but not just to get out of the house without getting wet. If it rained all the time, Mr. Uleck could see it. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Mr. Weinberg also examined the property and felt there was special dispensation for the applicant. He pointed out that the carport will just be a roof covering the car. The car will be there, and all the applicant is asking for is a cover so he will not be exposed to the elements. Mr. Weinberg felt special consideration should be given to the applicant. Mr. Slavin asked if a plan was filed for a carport or a garage. Mr. Keehr answered that no plan had been submitted, although he understood it was to be a carport. Mr. Slavin also looked at the property and agreed with Mr. Weinberg that other circumstances are involved. According to the deed, on the 5th day of October, Arneser Major sold 1/2 interest in her home to Mr. Johnson. The Board heard that Mr. Johnson is a paraplegic and in no way is he able to help himself to any great extent. Mr. Slavin felt it was important to point out that there were no communications or correspondence against the issue, and no one was in the audience who wanted to speak against granting the variance. Vice Chairman Ampol called attention to Councilman James R. Warnke, Who entered the meeting at 7:25 P. M. Mr. Mearns could concur, except for the fact that Mr. Johnson bought the property in October. Mr. Mearns thought the Board was to be guided by the fact that there must be a hardship, and it should be created by the City. He stated that the City had nothing to do with creating the hardship. Mr. Mearns was sympathetic but could not overlook his duty, as a Member of the Board, to carry out the Board's functions and adhere to the Code and requirements of the Board. Mr. Slavin moved to grant the request of Mr. Johnson, which would give him a variance of 15 feet in order to build the carport, for the following reasons: 1. Mr. Johnson bought a 1/2 interest in the property. Evidently, Ms. Major will take care of him. Otherwise, he would probably be "bouncing around" from place to place. 2. Mr. Slavin did not see where it would hurt the neighbor- hood. 3. It would provide help to the applicant and by having the area covered, all of the oil droppings, etc. would not be so conspicuous. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Secretary Gordon seconded the motion. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion. The motion carried 5-2 with'Mr. Mearns and Mr. UleCk voting against the motion. Case No. 69 Applicant: Request: Proposed Use: Location: John A. Pagliarulo Contractors Relief from R-lA zoning requirement of 7,500 square foot minimum lot area reduced to 6,420 square feet Construction of a single family residence 1626 N. E. 1st Street Lot 2, Block 5 1ST ADDITION TO ROLLING GREEN Recorded in Plat Book 24, Page 86 Palm Beach County Records Secretary Gordon read the application, the six questions out- lined in 5 (a-f) of the application, and the answers to the questions. He also read a letter dated October 10, 1984 from Catherine T. Fox, Agent, stating the property has not changed in physical dimensions since platted, and it is not possible to obtain additional land on North, East, and South adjoining parcels to meet Code requirements. Catherine T. Fox, Agent, 703 S. W. 1st Court, Boynton Beach, told the Members they would meet all of the building require- ments. Mr. Uleck asked what size building they would be putting on the lot. Ms. Fox replied that she would get a copy of the site plan. Mr. Keehr informed Vice Chairman Ampol that the applicant was looking for 1,080 square feet. Mr. Uleck said they normally have a drawing with an outline of the proposed building. Mr. Keehr advised that this was a variance for the dimension of the building site, and it had nothing to do with the home. The home that will be built there will have to meet all of the present Code requirements. Under those conditions, the applicant is only to have a survey. Mr. Keehr told Mr. Slavin the original platting was as shown on the survey. This was a full platted lot, which was conforming when it was platted. If the previous owners wanted to build, Mr. Slavin asked if they would be grand- fathered in. Mr. Keehr answered, "Yes, if they owned it prior to May of 1978." Ail the Members had was a deposit receipt and a contract for sale, and Mr. Slavin said they had no warranty deed and did - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 not know when the previous owners purchased it. If they owned it prior to rezoning, Mr. Keehr advised they would be grandfathered in. Chairman Thompson pointed out that the variance was on the property and had nothing to do with past owners. He wanted everyone to understand that it did not make any difference how many people owned the property in the past. Vice Chairman Ampol called attention to the date of the contract, which Mr. Uleck said was September 16, 1984. Chairman Thompson advised that it was landlocked, and the Board could not deny anyone the use of their property. He added that this was one of those rare cases where the whole area was platted at about 60 feet and, therefore, there are only a few vacant lots in the entire area. Most of them are landlocked in, which means they were not grandfathered in because the owners changed hands. Vice Chairman Ampol was informed that Ms. Fox is the Agent and is not moving into the home. Inasmuch as the land is landlocked and no additional property can be secured to extend the size of the lot, Mr. Weinberg could not see why a home on the property would not be more enticing and decorative to the area than an empty lot. Mr. Weinberg thought a home would be much more desirable. Mr. Uleck moved to grant the variance, seconded by Mr. Slavin· Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0. Case #70 Applicant: OWner- Request: Proposed Use: Location: F. Ronald Mastriana, Agent 7-Eleven Food Stores Southland Corporation Relief from Zoning Code Appendix A, Section 11, Paragraph L-1 requiring a minimum distance of 1,000 feet to the nearest service station to be reduced to 80 feet to the nearest service station. Relief from Zoning Code Appendix A, Section 11, Paragraph L-2 requir- ing a minimum frontage of 175 feet to be reduced to 121.83 ft. frontage Installation of gasoline pumps 101 S. W. 15th Avenue Lots 21, 22, 23, together with Lot 24, less the East 7 feet thereof, Block 12 - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 CENTRAL PARK ANNEX Recorded in Plat Book 12, Page 51 Palm Beach County Records The Board did not have a meeting in October but heard this case in September. However, Chairman Thompson advised the Members that this would be treated as a new case. Secretary Gordon read the application. Mr. Slavin asked where the answers were to the six criteria questions, as he thought they should be read into the record. Attorney Doney noted they were not attached to the application and said the appli- cant had to present evidence. To Mr. Slavin, the applica- tion was meaningless unless he could relate it to what the Board was discussing. Vice Chairman Ampol stated that the criteria is set by the City Code, and the Members wanted to know what the applicant's answers would be. Attorney Doney thought that was what the applicant would present. Vice Chairman Ampol suggested that the applicant be asked the questions in paragraph 5 of the application so it could be in the minutes. F. Ronald Mastriana, Agent and Attorney for the Applicant, of the law firm of Mastriana & Christiansen, 2750 North Federal Highway, Fort Lauderdale, Florida 33306, wanted to incorporate, by reference, with Attorney Doney's permission, the previous application that dealt with each and every point. If the Members wanted him to answer specifically, he said he would. The long verbage of 29 pages that Attorney Mastriana gave the Members was a legal argument in support of the variance and in support of the rehearing. He stated that the long verbage covers each and every one of those points. As some of the Members and people in the audience were not present at the previous meeting, Attorney Doney said what- ever happened then would not have any impact tonight. Secretary Gordon read the first question from paragraph 5 of the application. In answer to that and in answer to some of the other questions with regard to that, Attorney Mastriana said the two main points they had were the 1,000 foot distance and the 175 foot frontage. Their position was they are not a gas station but rather a convenience store with gas as a supplemental use° Their traffic study sup- ports that fact. The peculiar nature of their property is it is on the corner, is a large piece of property, and, as situated, the convenience store along with only two pumps will not in any way interfere with the requirements and intent behind the Code. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Secretary Gordon read the second question, and Attorney Mastriana replied that this was the condition they were talking about and the fact it is not a gas station. Attorney Mastriana had the answers to the questions and wished to go through them quicker, as follows: 3. It is not a special privilege that this Ordinance is to other lands or building construction in the same zoning district. The main point was the reason the applicant is requesting the variance is because it is not a gas station. Attorney Mastriana referred to the gas station across the street from 7-Eleven and said there is good reason for those types of facilities to be away because they have multiple pumps. 7-Eleven does not have that situation. When you are looking at it, it is not a special ~rivilege but a piece of property with ample room on it for ~ngress and egress. 4. With regard to depriving the applicant of the use of the property, Attorney Mastriana said it certainly will, and they will show on the site plan that they had ample room to build additional stores but chose to put gas pumps on the facility. For gas pumps, it will be necessary for them to tear down the entire facility and rebuild it. It is a financial hardship not to be able to put in gasoline. Attorney Mastriana emphasized that they are not in the busi- ness of expanding their facilities and putting in different types of uses within their property. Their business is to operate a convenience store with gasoline. Attorney Mastriana referred to 7-Elevens that have Pizza Huts and things attached to them but said the applicant prefers to have a convenience store with gasoline. 5. It is a minimum variance because it does not interfere in any way with the neighborhood, property owners, zoning, and other uses in the area. 6. Attorney Mastriana expressed that they feel it is very much in harmony with the area. He brought photographs to show the Board Members what is near the applicant's property. Right next to them is an area where there are offices and some retail. Directly next to them and behind them is residential, which they are buffering with a six foot wall. Attorney Mastriana put up displays. Vice Chairman Ampol was informed that the City sent out notices of tonight's meeting to all property owners within 400 feet of the property. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 With regard to the intersection, Attorney Mastriana com- - mented that there was a lot of concern about the traffic at the last meeting. They revised their analysis, and the Traffic Engineer was present to speak. Attorney Mastriana had blown up photographs of the site which he showed the Members. Attorney Mastriana showed the existing 7-Eleven and parking on the overlay and said they are proposing to tear it down completely and rebuild 7-Eleven. What they are doing is moving 7-Eleven away from the intersection. He showed a curb and open area extending all around and said there are all openings and no landscaping whatsoever. There is ability for cars to constantly turn in there at random. They are moving the new facility back, and it will be heavily land- scaped. It is a very new look for 7-Eleven. Attorney Mastriana indicated where they are extending the walk, pointed to residential homes, a wooden fence, and showed where they are extending the concrete wall. They talked to neighbors who preferred not to have the wall. Although the wall was shown, Attorney Mastriana said the applicant will not put the wall in but will put a hedge in there, at the request of the neighbors. It would be up to the neighbors. Vice Chairman Ampol was informed the wall would be built between the properties. Attorney Mastriana said what was deceiving was there is no green at all on the site. There is all open curb with no grass. Mr. Slavin determined that the structure would be moved further west and they would use Seacrest Boulevard for ingress and egress. In other words, the pumps would be located closer to Seacrest Boulevard. Attorney Mastriana said they are almost an equal distance between Woolbright and Seacrest. If he was coming south, Mr. Slavin noticed he could cut right in. Vice Chairman Ampol asked how many 7-Elevens in Boynton Beach have gas pumps. Attorney Mastriana did not believe there were any right now, but they are trying to convert all of their convenience stores to gasoline stores. They have found that gasoline stores all over Florida are now including their convenience food items. Attorney Mastriana stated they do not feel they are in competition with those gasoline stations that give you service on your automobile. They do not provide any service whatsoever (oil changes, etc.) He explained that all they are doing is allowing some- one who comes in for a loaf of bread or can of beer to also get gas. It is merely a convenience item. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Attorney Mastriana stressed that it was very important that the Members understand some traffic matters with reference to this. They have done a traffic analysis of 7-Elevens for a three County area, studied them in detail, and have gone through the same discussion with ten or so municipalities. Attorney Mastriana referred to the Ordinance and said it is really directed to gasoline stations. Although they sell gas, they are not a gasoline station. From a traffic standpoint, Attorney Mastriana said it was important for the Members to understand what type of facility they are, what type of traffic they do and do not generate. He had photographs of an existing gasoline sta- tion to show the Members the difference and called attention to the storage of vehicles. Attorney Mastriana said the intent of a gasoline station is to service your car. You do not find vehicles staying overnight at a 7-Eleven unless it is a consumer. Attorney Mastriana informed Secretary Gordon the footage between the pumps and the sidewalk on Woolbright is about 25 feet from the edge of the berm. Chairman Thompson remarked that all of the green areas belong to The Southland Cor'poration. The sidewalks continue off the green along Seacrest and Woolbright, and although they were shown on the drawing, the Members could not see them from the dais. Secretary Gordon asked if it is 25 feet to each street. Attorney Mastriana replied that there is less of a setback on Seacrest. It increases on Woolbright, but they are setting it back the same distance from Woolbright as on Seacrest. Attorney Mastriana stated he had a couple of points to touch on after the Traffic Engineer discusses the traffic impact. Mr. Weinberg noted Attorney Mastriana stated that the exist- ing regulation of 1,000 feet and 175 foot frontage applies only to a gas station and not to a convenience store with gas pumps and asked if that was true. Attorney Doney replied it was not true, or Attorney Mastriana would not be here. He read the definition of automotive service stations and said the applicant is going to sell gasoline, and the appli- cant is a service station as far as the City is concerned. Consequently, they have to comply with the Zoning Code, the 1,000 foot requirement, and the minimum front footage require- ment. However, the applicant is allowed to apply for a variance, which is what they are doing. Chairman Thompson advised the Members to stick to the issue at hand. - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Mr. Slavin pointed out that Attorney Mastriana was saying they are not a gasoline station but a convenience store. According to what the Members just heard, the applicant is a gas station and, as such, they would probably have to be licensed by the City, so actually they were a gas station. Without a license, they cannot function. Attorney Mastriana agreed that was correct but said he would not be before the Board if there was not a question. He referred to the Ordinance going back to 1975 and said the intent behind the Ordinance was directed to service stations. In 1975, a typical service station was a full service station, including many pumps and the service and storage of vehicles. Attorney Mastriana again called attention to the photographs and said it was a very cluttered lot. The applicant will not have that, and that was why they were here. Attorney Mastriana reiterated that they are not a service station but a convenience store serving gas. However, under the City's definitions, it requires the applicant to request a variance. Chairman Thompson said the Board Members know that every case that comes before them requires a variance or they would not be before the Board, and the Members should keep that in mind. When the facility was built, Chairman Thompson said there was not a 1,000 foot requirement. Mr. Keehr confirmed this. Mr. Weinberg observed that Attorney Mastriana was insisting on putting into the record why the Ordinance was passed and said as far as the Members were concerned, the applicant was asking for a variance on the gas station. Chairman Thompson requested Attorney Doney to again read the definition of a service station from the Code. Attorney Doney said the Code defines automotive service stations as the use of a building or other structure on a larger parcel of land, which includes any retail use of gasoline. He thought it meant there was no question but added that was not to say that the applicant did not qualify for a variance. Chairman Thompson called attention to the things being asked in the variance (reduce the 1,000 feet and the 175 foot frontage) and asked the Members to keep them in mind and direct their questions only to those two points. Attorney Mastriana said it was the applicant's desire to improve the property, and they believe they can best improve it by adding gas pumps. He suspected the other way they would improve the property would be to add more stores to - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 the existing building, which is totally permitted by Code. Attorney Mastriana reiterated that they believe the real improvement to the property and 7-Eleven is to merely add a couple of gas pumps and increase tremendously the green area. Before, most important in the minds of the Board Members was the intersection. Attorney Mastriana said the applicant discussed it with the Board the last time, prepared and re- vised a traffic study to look at all the comments and con- cerns about accidents. He asked what kind of real facts and figures they had about the intersection and accidents and said the Traffic Engineer would show it is not as bad as they may think. Secondly, 7-Eleven, with the gasoline pumps, will not increase traffic on the roadway but will reduce accidents the way the turn-ins are finally shown. Attorney Mastriana said there was concern about what the neighbors and residents in the area wanted and whether or not they thought this was a positive change. The applicant tried to contact a lot of them and, naturally, had some opposition. Attorney Mastriana had an access of 400 peti- tions they collected from various people in Boynton Beach. At the last meeting, they showed the plans and rendering. There was concern as to whether or not the residents in the area thought this was a positive change. Secretary Gordon asked what area they were dealing with on the petitions. Attorney Mastriana answered that the petitions were signed by people who came into the 7-Eleven. He agreed with Secretary Gordon that the people could be from all over and said the people had seen the plans. Richard W. Mercer, Senior Engineer, Kimley-Horn and Associ- ates, Inc., 800 N. W. 62nd Street, Suite 333, Fort Lauderdale, Florida 33309, said they were retained by Southland Corpora- tion to assist them in examining the impact of adding gasoline retail activities at the site, and they specifically had done some studies to compare the traffic impact associated with that. That research showed them that they can antici- pate an increase of approximately 30% in traffic that enters the site. Mr. Mercer wanted everyone to understand that the increase of traffic that enters the site does not reflect an increase in traffic on the streets bordering the site. He was sure the Members recognized, just from their own experience, even if they had not seen any of the technical studies to support this, that a typical gasoline station will capture traffic - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 from the street that is already there. People tend not to go out of their way in order to purchase gasoline but tend to purchase gasoline on the route they are taking° Mr. Mercer wished everyone to understand that the 30% dif- ferential they were talking about was simply an increase in the amount of traffic that would be moving onto and off of the site (traffic turning in and out of the driveways). The actual increase to traffic on the streets will be much less than that. For example, at the intersection of Woolbright and Seacrest, the volume level during a typical afternoon is about 3,000 vehicles using that intersection during the peak hour. That is a total of all traffic approaching from all of the approaches at the intersection. The 30% increase projected for a typical convenience store operation like this during the P. M. peak hours, for example, would amount to 42 vehicles coming onto and exiting the site during the peak hour. That is 30% more than traffic that would be coming on and off without the gasoline sales. How- ever, even if all that traffic (which it is not going to be) was going to be new traffic on the adjacent street, then Mr. Mercer said the percentage increase would be much smaller because they would have 42 vehicles where they now have 3,000 using the intersection. That is an increase of a little less than 1-1/2% which, when you relate it to the adjacent street, is a much less significant impact. Recognizing the fact that all of that traffic is not going to be additional traffic on the street but rather is going to be traffic that is already there on the street, Mr. Mercer said the actual impact, as far as the increase in traffic that will use the intersection, is going to be very close to zero and certainly less than 1/2 of 1%. Even if it was all new traffic, Mr. Mercer said it would only be 1-1/2%, and they know it is not going to be all new traffic. When they discussed this at the last meeting, Mr. Mercer was not sure that there was a clear understanding of the 30% figure because he thought that caused some concern. Mr. Mercer also wanted to emphasize a point made by Attorney Mastriana. When it comes to access control on the site, the plan that has been developed is a significant improvement as far as access control to the site is concerned. They are taking a situation where there is virtually uncontrolled wide driveway openings that extend the entire eastern side of the site and almost the entire southern side of the site. That will be reduced down to 35 foot driveways, which will be wide enough to efficiently allow people to turn onto and off - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 of the site but yet it focuses down the movements and eliminates the wide area of conflict that now occurs along both streets. Mr. Mercer said that is a definite operational improvement. One of the other items that came up during the discussion at the last meeting where there was some concern was the poten- tial for some traffic from this site circulating through the adjacent neighborhood in order to exit the facility. After that discussion, Mr. Mercer said they took a close look at that to satisfy themselves as to what the magnitude of such a diversion could be if the worst came. The most difficult movement coming out of there will be the movement for people that want to exit the site and go north on Seacrest because for them to come out and go north on Seacrest, the first thing they will have to contend with is the southbound traffic on Seacrest that is backed up and waiting for the signal at the intersection. Under normal circumstances, they would wait for the signal, let that traffic clear, and then make their exit and move. Some people who may not wish to wait for that exit to clear might exit the driveway down onto Woolbright, make a right turn, go left on Woolbright, and then make a right turn at the first street, circulate around the back, and then come back out onto Seacrest, which is the next street to the north. They looked at all the people coming out of there wanting to go north during the peak hour, and Mr. Mercer said they could not project any more than ten people doing that during the peak hour. When you add that to the existing volume which exists on that street to the north, which was only 37 during that same hour, even if all those people did that (which is unlikely), Mr. Mercer said that traffic would increase during the hour from 37 to 47. They were talking about such low volumes that there was not a noticeable difference, and it would be a very low level of traffic on that street. Finally, the subject of accidents at the intersection of Woolbright and Seacrest came up at the last meeting. Since the last meeting, Mr. Mercer said they went through all of the accident reports for the last three years at the City's Police Department. There have been tw° accidents during a three year period that have involved vehicles that were entering or exiting the 7-Eleven. There have been a lot more accidents at the intersection, which should be expected. Any time you have a major intersection with a traffic signal, Mr. Mercer said~you will have accidents. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTO'N BEACH, FLORIDA NOVEMBER 12, 1984 Mr. Mercer advised that the real key to an accident analysis is to look at the types of accidents that are occuring. You expect the majority of accidents to be minor type accidents, like "rear enders" because the signal introduces a stop and go effect into the traffic stream and creates the conflict. He described other types of accidents too but said they did not analyze the total accident experience of the intersec- tion because they were trying to identify the incidents which could be impacted or affected by the presence of this particular facility. They did some quick checking to compare the overall accident experience of this intersection with other nearby intersec- tions and did not find this intersec~on to have an accident rate that is significantly different than other busy inter- sections in the area. Numbers of accidents do not tell you much. You have to relate the numbers to the accidents that occur and the opportunity for accidents to occur. By that, Mr. Mercer meant the volume of traffic that goes through the intersection. If you have one accident at an intersection where only one car goes through all day long, it is a lot different situation than if you have one accident at an inter- section where 10,000 cars go through all day long. Mr. Mercer said this intersection does not appear to exhibit characteristics that make it significantly better or worse than other similar intersections. Mr. Weinberg noted that Attorney Mastriana stated he had a group of petitions and wondered if he could tell the Members how long it took to get the petitions. Attorney Mastriana said it was since the last meeting (2 months), and they did not push it. When Attorney Mastriana was first told there were 17 acci- dents there for the year 1983, as a layman, it sounded like a lot. He told the Board Members there were 31 accidents at Woolbright and U. S. 1. If they looked at it in more detail, Attorney Mastriana said they would find they were backend bumpers. Attorney Mastriana continued that the improvements they were showing everyone would be substantially beneficial not only from an aesthetic point of view but from a traffic stand- point. They are not a trip generator and do not normally bring people in unless it is at strangelhours. During those late night hours, there is very little traffic on the road. Attorney Mastriana said they capture their traffic from the existing roadways and are not like a service station. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. Mr. Charles P. Smith, 205 S. E. 21st Avenue, Boynton Beach, owns the property directly west of the 7-Eleven property. He said it was a miracle that there have been only two acci- dents involved on the property in the last year and told of watching traffic drive over his property and the curbs of 7-Eleven's property. Five or six vehicles will be coming in and out of there at one time, and it is an absolute disaster. Mr. Smith thought the parking in the new proposal would be a decent manner of handling the traffic. He was definitely in favor of seeing the property improved because it is an abso- lute eye sore to the area as it is now. He could not imagine anyone living in or adjacent to the area that would feel this would hinder their property or livability in the area. Mr. Smith also could not see how it could possibly be a hazard to the area. He expressed that he thought it was a beautiful plan, and he would like to see the property improved. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wanted to speak against granting the variance. Jay M. Copeland, 148 S. W. 14th Avenue, Boynton Beach, was opposed to the granting of the variance for the same reasons he gave at the last meeting. He understood this was a new application and wished to ask Attorney Doney about the time factor involved in making a new application. Attorney Doney advised that there is presently no Code provision, but an amendment to the Code is being proposed. As it has not been adopted, it would not apply to this application. Mr. Copeland asked Attorney Mastriana what the distance is between the gas pumps and the green area on their southeast corner. He assumed the gas pumps would be located in the yellow area. Attorney Mastriana replied it was approximately 40 feet from the corner of the gas pumps to the property line and about 47 feet to the actual road. Mr. Copeland asked what the shortest distance is between the green area and the gas pumps. Jose' Jimenez, Architect, Jimenez & Associates, 1312 Coral Way, Miami, Florida 33145, replied that there are 15 feet from the edge of the gas island pumps to the edge of the landscaping area. - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Mr. Copeland noted Attorney Mastriana said they would have two pumps there but at the last meeting, he said there would be three double pumps. Mr. Bud Good, Gasoline Manager, Southland Corporation, said to reduce space, rather than having three dual pumps, they have two multi-pump dispensers. This is a new piece of equipment on the market, and a car can pull up to it and get any product out of one dispenser. Mr. Good noted Mr. Copeland asked about distance and asked if this met Code. Mr. Jimenez replied that it does and they are within the setbacks. Mr. Copeland also heard Attorney Mastriana mention there is no curbing and informed him that there is curbing along the corner, towards the west and also to the north, and as Mr. Smith pointed out, they do drive over the curbs. Attorney Mastriana called attention to a photograph which showed approximately three feet of curb. In another photograph, there was not any curb. Going west on Woolbright, Mr. Copeland asked where the curb was. Attorney Mastriana showed where there was not any curb. Mr. Copeland asked how many feet that was from the corner. Mr. Jimenez estimated it was about 60 feet. Mr. Copeland was opposed to putting in gasoline pumps but was not opposed to improving the property. He said most of the neighborhood agreed by moving the 7-Eleven store to the west, it would be an improvement and alleviate some of the traffic congestion. However, Mr. Copeland thought Mr. Mercer had a crystal ball when he could come up with the facts and figures of how much an increase in traffic there would be. The neighbors feel there will be an increase in traffic at the intersection, which right now is overloaded. Talking about a 1-1/2% increase in traffic, Mr. Copeland said 7-Eleven stores in other areas are selling gas for 4 or 5~ a gallon less. This definitely would generate more traffic, and people will come across town to purchase gasoline If~r 4¢ or 5~ a gallon less. Mr. Copeland did not believe they could go by Mr. Mercer's figures at all. Mr. Copeland noted Mr. Mercer mentioned 42 cars in and out of there and said the 42 cars have to cross traffic, again creating a traffic hazard. Mr. Copeland's main concern was the traffic situation. People actually have to run to get across the street. On many occasions, when people go into 7-Eleven, they still cut right on through traffic. Conse- quently, much of the traffic is turning up 1st Street from 14th Avenue. There is a definite increase in traffic. When he'stopped them, the people told Mr. Copeland they wanted to MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 get back in the same direction. Traffic was such that this was their easiest way out. Small children play in that area, and Mr. Copeland felt there would be an increase in traffic by gasoline being there. It will also generate new traffic, which will generate more traffic in the neighbor- hood. That was another reason why the neighbors were opposed to the granting of a variance. Mr. Copeland looked at some of the petitions at the 7-Eleven store and asked if the people who signed the petitions were Boynton residents. Attorney Mastriana replied that most of the people were from Boynton. Mr. Copeland asked if it made a difference. Attorney Doney replied that it was not a popularity vote. Mr. Copeland commented that~anyone can sign a petition and asked if the petitions were an issue. Chairman Thompson did not think it should concern the Board and said they should not argue the point. Mr. Copeland reiterated that the increase in traffic was their main concern. Traffic through their neighborhood will also be increased, which is detrimental to the neighborhood. The neighbors do not feel the variance should be granted for those reasons. Recognizing that each case is to be taken on its own merit, Mr. Copeland could not see how it would not be setting a precedent for other people who might want a variance. Primarily, Mr. Copeland said the applicant is asking for the variance as far as the footage is concerned. As far as the gas pumps are concerned, he emphasized that the neighbors are definitely opposed to it. 4~ or 5~ a gallon less for gasoline will draw a lot of people that would not normally use the intersection. Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, guessed he wore two hats. So there would be no question of legality, he was concerned as a citizen about the intersec- tion since he uses the intersection at least two or three times a day. Mr. Cassandra is also a Councilman but was not speaking for the Council. Mr. Cassandra wanted to get certain things into the record that might have to be used later on for the Civil Court, whether it be the applicant or the City, and that was that the Board is a quasi-judicial body and must decide on the variance of hardship. Since he had been a Board Member, Mr.- Cassandra knew they had spent a lot of hours on what defines hardship and had experts give presentations of hardship. Consequently, the Board requests from the applicants the (a) - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 through (f) reasons of a hardship. Mr. Cassandra advised that there are certain things the Board should not consider in a hardship requirement. Chairman Thompson interrupted to tell Mr. Cassandra he was stating the Board's duties and theY know their duties. Mr. Cassandra wanted it into the record because the last minutes submitted by the Board showed some discrepancies, and Assistant City Attorney Doney was present to clear up those discrepancies. He wanted it into the record so the Board would have those discrepancies cleared up. Mr. Cassandra continued that no hardship should ever be considered on economic reasons. This applicant is asking for economic reasons. Community appearance is not a function of this Board. The applicant is beautifying something and landscaping. The applicant has been there more than 15 years and did not plant shrubbery. Safety factors are not a concern of the Board. If there are hazards on the road, the Police Department can have that taken care of. It is true each applicant has to be measured on his own merit. Mr. Cassandra was not present at the last meeting and heard the reasons given by the applicant for the first time as answers to questions (a) through (f). To questions (a), (d), and (c), they answered that they were not a gas station. That does not address the three parts of the questions, but they may have been answered before. Mr. Cassandra constantly heard getting a car fixed was a use for a service station. Being a former Gulf dealer in the 1973-74 period (before our City Code's corrections in 1975), Mr. Cassandra said self service stations were here and there were no cars to be fixed. They were gas stations (just gas pumps). Mr. Cassandra referred to an eye sore and said they have been there 15 years. To him, traffic studies are not ger- mane to the consideration of hardship. The building being where it has been built is not germane. The question is gas pumps, which is what the Board Members have to consider. This City has a Code which says no gas stations 1,000 feet apart. If that Code has to be changed, Mr. Cassandra said the Board should recommend it be changed, but the conflict of gas stations being less than 1,000 feet is the Code. As to stores versus gas stations, Mr. Cassandra said that was still an economic reason and was not germane to the consideration the Board must have. He was not telling the - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Board its duty but wanted it in the record that it should be strictly evaluated on hardship. For the Board's edification, wearing his Councilman's hat, Councilman Cassandra said this applicant did not get approval for gas pumps. The site plan is without gas pumps so what- ever decision the Board makes tonight, the applicant must go in front of the Council with a modified site plan. Attorney Doney clarified that if approved by the Board, it would take a conditional use approval and revised site plan approval by the City CoUncil on the other intermediate steps. Mr. Cassandra wanted it on record that the applicant was aware of this. As far as Mr. Cassandra was concerned, no hardship had been shown by the applicant. As Chairman to a citizen of Boynton Beach, when Mr. Cassandra served on the Board, he also made decisions like the Members have. If they go back in the records, Chairman Thompson said they would find they made a decision on several service stations together. However, they created a a better look. Secondly, the Board Members have attended workshops and, as Chairman, Chairman Thompson said they do not need to be told their duties, and he could not cope with that. Chairman Thompson liked the idea that Mr. Cassandra was not representing the City Council because the Council is the Board's boss but, as a citizen, the Board did not have to agree with Mr. Cassandra. So that the record would show that Chairman Thompson was erroneous, Mr. Cassandra did not tell the Board what its function was but was making the Members aware of their functions. Also, not all of the Board Members attended the Workshop. Raymond Rea, Attorney, of Boynton Beach, was representing Tom Blair, who owns the Gulf station across the street. There were four points in Attorney Mastriana's presentation that Attorney Rea wanted to poke holes into. With regard to the number of accidents related to 7-Eleven per se On the intersection of Woolbright and Seacrest, it was indicated that over a two or three year period, about two or three accidents were a direct result of the 7-Eleven operation. It is interesting to note that the facility has been in existence for about 15 years. Attorney Rea was certain there were traffic records back that far, and he thought it would be interesting to find out exactly what the traffic accidents were like before that three year period was considered. With regard to traffic and capturing traffic versus the generation of new traffic because of the facility, Attorney - 19 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Rea thought the Traffic Engineer provided little informa- tion to substantiate this assumption. He believed they were, in fact, assumptions that the facility will primarily capture traffic rather than generate any. Chairman Thompson questioned Attorney Rea's statement, and Attorney Rea felt the important point was that the burden was primarily upon the applicant to verify his statements and to vindicate that, in fact,."capture" was the primary consideration. With regard to a gas station versus a convenience store that happens to sell gas, for purposes of the Code, Attorney Rea said there should be no difference whatsoever. They were talking about simple different terminology when, in actuality, the facilities are the same. The 1,000 foot separation difference between gas stations, as Attorney Rea would interpret the Code, is primarily a result of a safety requirement, and a fire hazard is certainly one of them. He explained it is not for him to interpret the Code but for the City Attorney to. If a gas station is on fire and you have another station in close proximity, you increase the hazards considerably. Again, the variance requirement is primarily a result of an economic hardship not in the control of the applicant. In fact, Attorney Rea said the applicant can make a lot of good use on that property without the requirement of gas pumps. Robert A. Kelly, 147 S. W. 14th Avenue, Boynton Beach, lives one block north of Woolbright and one block east of Seacrest, just "catty-corner" across the block from 7-Eleven. When it became evident after the last meeting that 7-Eleven was going to reapply, Mr. Kelly took the liberty of going around and talking to a number of the residents and got a petition for people to sign if they Were not in favor of the gasoline set- up. Mr. Kelly had 13 sheets containing 208 signatures. 90% of them were Boynton residents in and around that particular area. The other 10% were people who constantly use the intersection daily to and from work. Mr. Kelly presented the petitions to the Board and stated that the people in that particular area very definitely are opposed. Mr. Kelly said the people are opposed because they very definitely think it will increase traffic on that corner. He goes through the corner every morning and evening on his way to work in Delray. In the height of the season, he sometimes goes north two blocks on 1st Avenue and then east - 20 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 so he can get through. There is no way he can get on Wool- bright because he would have to cross it. At his street, which is a short block from the corner, Mr. Kelly said you can sit there for five minutes and cannot get out in the height of the traffic. Mr. Kelly noted the applicant did not say when he picked this typical day's traffic at that corner (whether it was in the height of the season or some other time). During the winter, that is a drastic corner to try and get through. They have already noticed people turning off of Woolbright onto 1st Street and going around the corner or 2 or 3 blocks through the neighborhood in order to get away from the corner. Mr. Kelly said people are already avoiding the traffic on that corner and coming to the residential area. They have a lot of children in the area and are trying to get the City ito put up "Stop" signs to help with the traffic. He thought it would be a definite hazard. Mrs. Jay M. (Margaret W.) Copeland, 148 S. W. 14th Avenue, was definitely opposed to not only the traffic pattern but the whole thing. If whoever called them fender benders would call an ambulance overturning in the intersection a fender bender, she wanted to hear their definition of a fender bender. Mrs. Copeland thought that was a serious accident and was sure it would not be the last one. Her point was that is an intersection ambulances go through, as it is a direct route from the hospital. They have not only that traffic but also 1-95 traffic. Chairman Thompson asked Mrs. Copeland if she uses the same street three blocks to the east at U. S. 1, where all four corners are used compared to only two corners and~ the grave- yard. Mrs. Copeland avoids those because of the traffic. Chairman Thompson asked if anyone else wished to speak against granting the variance. There was no response. Attorney Mastriana wanted a chance to rebut. Chairman Thompson asked if he had something different. Attorney Mastriana thought it was important and, as a petitioner, he thought he had the right to rebut to the comments made. He heard all of the people, and they are talking about exist- ing conditions. AttorneY Mastriana is a lawyer but when he has a problem with traffic engineering, he hires a Traffic Engineer to tell what the current studies show and to make studies that he has been trained to do. He referred to the statement that Mr. Mercer got the studies from a crystal ball. - 21 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Attorney Mastriana said they presented a couple of factors they wanted the Board to take into consideration: (1) They were talking about gasoline pumps, not an existing traffic condition. The City's Police studies show that this intersection is not any worse than any other intersection and is probably a lot better. When he said rear ending, he was not saying there were not five or six different acci- dents but that the majority were rear end collisions. They were not major. There may have been one or two that were major, but they were talking about an existing condition that the gasoline pumps were not in any way affecting, which is very important. Attorney Mastriana emphasized that they have shown they are not going to increase trips to the site because of the gasoline pumps. (2) If there were actual stores going in there, then Attorney Mastriana said they may have a trip generation break, accord- ing to the Institute of Traffic Engineers. They were talking about gasoline pumps that do not increase traffic, which is very important. Maybe they could have taken the existing site and put gasoline pumps where the new building was going to be. What they will do is take the whole building down, because they feel it is too close to the intersection, and move it all the way back and then put the gasoline pumps there. They have studied and studied how only two gasoline pumps work on a 7-Eleven site. It is totally different than a gas station. Attorney Mastriana requested the Members to look at the pic- tures of the Gulf Oil station versus what they were proposing and called attention to the cars parked and waiting for service. He said it was a different situation and asked how they get in and out of the site. Attorney Mastriana informed the Members that studies show you will wait in line for one person to get gas. He reiterated that they have very little impact on traffic. Attorney Mastriana said the 1,000 feet came from health and safety. It was fire precaution. Many years ago, the gas was pumped into a gas container. They considered that if it exploded and another gas station was 750 or 1,000 feet away, it would cause a fire hazard. That is what they found out from Zoning Directors who have been around for 30 and 40 years. This CitY's was instituted in 1975 but Attorney Mastriana was not certain of the specific reason why. Attorney Mastriana referred to the movies showing explosions and said they will not let you build that type of gas pump any more. It will not explode, so there is no fire hazard. - 22 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 Attorney Mastriana said the Board was looking at two parti- cular issues: 1,000 feet (how close they are to the Gulf station), and the size of their lot. Because they are just having two pumps, the size of the lot is not a major issue. Secondly, they are 80 and some feet from the Gulf station. They may be cheaper, but there is nothing wrong with that. Attorney Mastriana hoped the Gulf station would do some of the improvements they are doing and said they would Set an example to the area by improving their property. Attorney Mastriana could tell everyone that they were not affecting or increasing the traffic because he had a traffic study. Attorney Mastriana informed Vice Chairman Ampol that they will not put up the new building unless they can get the pumps. Chairman Thompson said if the opposition had anything different, one person could come before the Board. It seemed to Mr. Kelly in the last rebuttal that one item was brought up that they should all think about. He referred to Attorney Mastriana saying they may sell gasoline cheaper. He asked the Board to be aware and consider the possibility that cheaper gasoline is going to draw additional traffic to the corner. Mr. Slavin thought the Board had gotten off the subject matter they had been called for. They were told by the Building Department that they turned down a request from the Southland Corporation to put up a gas station or gas pumps because Section EC ll-L-1 requires 1,000 feet to the nearest service station. EC ll-L-2 requires a minimum lot frontage of 175 feet. The subject property has a lot frontage of 121.83 feet. That is what the Board was called here for. Mr. Slavin said Gas stations, gas prices, and improvement of property was not the Board's concern. There was no hardship in the area caused by the City of Boynton Beach. The lot was the major issue involved. They are not denying Southland Corporation the use of its property. A site plan has been approved for four additional stores, and as Attorney Mastriana said, if they cannot do this, they will build more stores there. Mr. Slavin did not know why they were talking about gas pumps when they were not the Board's problem. Mr. Slavin said the applicant is 80 feet away from a service station and are short 53.17 feet on the lot frontage. That - 23 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 is the Board's problem and nothing else. Board stick to the issues at hand. He asked that the Mr. Mearns observed that Attorney Mastriana down played the gasoline sales of this whole thing. From a business stand- point, he wondered how Attorney Mastriana would justify the expense of all of this work in order to put in gasoline pumps if they are not going to produce this kind of business and this volume, which Mr. Mearns assumed would create a traffic hazard. Mr. Mearns was not at the last meeting and still wanted to know about the 1,000 foot restriction. He had a background in the area of fire and safety and said there is a connota- tion of a fire hazard in anything that close and wondered how this woUld affect the fire rates in that area. Chairman Thompson said this was a recent City Code and perhaps the City felt a need for it. Mr. Keehr said Boynton Beach, like all the surrounding cities, is under a similar Fire Code. They adopt the State Code, and he assumed when there are four gas stations across from each other within the County that safety, from a fire standpoint, cannot be an issue. Mr. Mearns thought the City should change the Code. Mr. Keehr disagreed. Vice Chairman Ampol commented that this was a tough problem. At the beginning of the discussion, Mr. Weinberg thought they came to the conclusion from the Assistant City Attorney that there is no difference between a convenience store selling gasoline and a regular gas station. Any building that engages in the business of selling gasoline is a gas station. The City Code says there cannot be a gasoline station built within 1,000 feet of another gas station. It is plain and simple, and Mr. Weinberg said it was an opinion rendered by the Assistant City Attorney. Chairman Thompson agreed with Vice Chairman Ampol that this was difficult, especially since it was mentioned that there is no hardship. He thought he could find a hardship. Chair- man Thompson could cite three examples in the City where service stations are allowed to sell products 7-Eleven sells (groceries). If he was on the applicant's side, he would say the City created a problem by allowing them and cut the applicant's profit. It did not necessarily mean the City had to impose a hardship but Chairman Thompson thought the City had by creating a law saying this service station can sell something and this convenience store can sell - 24 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 12, 1984 sOmething. He said the Members had to consider all of these factors when they make decisions. Chairman Thompson added that they have several in the City of Boynton that he passed on himself. Mr. Slavin moved to deny the variance to the Southland Corporation for the reasons he had given, namely, the property is short 53.17 f~et on a main thoroughfare (Seacrest Boulevard). They are 80 feet away from another gas Station when the Code specifically states 1,000 feet, and it was on the basis of this discrepancy in footage that he moved to deny the variance. Mr. Gordon seconded the motion for the same reasons. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion. The motion carried 6-1 with Chairman Thompson voting against the motion. Chairman Thompson voted against the motion to deny because the City of Boynton Beach incorporates several areas where this same problem existed. It existed three blocks from the property in question now. Chairman Thompson felt they would be deny- ing one person the right that has been enjoyed by others in the City. The variance was DENIED. ADJOURNMENT There being no other business to come before the Board, the meeting properly adjourned at 9:18 P. M. atricia Ramseyer Recording Secretary (Three Tapes) ~ - 25 -