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Minutes 09-10-84 ~INUTES OF THE BOARD OF ADJUST~fENT I~EETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, SEPTE."-~BER 10, 1984 PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Joseph Moore Ben Uleck Lillian Artis, Alternate Harold Weinberg, Alternate ABSENT Robert Gordon, Secretary George Mearns (Excused) Paul Slavin (Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:05 P. M. and noted there was not a full Board of seven Members present but said there were six Members present. He introduced Mr. Keehr, the Members of the Board, and the Recording Secretary. Chairman Thompson recognized the presence of ~¢ayor Zimmerman in the audience. ~[INUTES OF JULY 9, 1984 Mr. Ampol moved to accept the minutes as received, seconded by ~r. Moore. ~[otion carried 5-0 with Mr. ~'¢einberg abstaining from voting as he was not present at the meeting of July 9. PUBLIC HEARING Chairman Thompson pointed out that any three negative votes against a motion will deny that request. Since they were one ~¢ember short, Chairman Thompson wanted everyone to be aware 4-2 would be a majority vote. Chairman Thompson read the six criteria and said those plus what others the Members find or a.person coming before the Board may point out help the ~embers make their decisions. Case #66 Applicant: Request: Proposed Use: Location: Stephen R. Cusimano Relief from C-2 zoning requirement of 75 ft. lot frontaee to be reduced to 50 ft. frontage Relief from 9,000 sq. ft. lot area to be reduced to 7,850 sq. ft. lot area Construction of a duplex 401 N. E. 2nd Street Lots 30 and 32, Less the West 25 feet, C. ~. COPPS ADDITION Recorded in Plat Book 7, Page 56, Palm Beach County Records MINUTES - BOARD OF ADJUST~4ENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Vice Chairman Ampol read the application, and Chairman Thompson read the answers to the six criteria. Mr. Stephen Richard Cusimano, 229 ~. W. 1st Avenue, Boynton Beach, felt when he answered the six questions, he answered them to the best of his ability. He said the land is landlocked by a garage on one side and a house on the other side. Mr. Cusimano had a copy of the area and a drawing of what he would like to put there if he is granted a variance. Mr. Cusimano informed the ~embers that there, are ten duplexes on the block already, and people are living there right now. He stated he wants to build a duplex there and live on one side. Mr. Cusimano said he will rent the other side. By building a duplex and landscaping the property, Mr. Cusimano did not think he would harm anything in the neighborhood. Right now, Mr. Cusimano said he is stuck with the lot and needs a variance to be able to build on it. Mr. Cusimano informed Mr. Uleck that he just bought the lot. Mr. Cusimano has lived in Boynton Beach for seven years, is now livin~ in Boynton Beach, and has a business in Delray Beach. He toid Mr. Uleck the dark marks on the drawing indicated the lots the duplexes are on. ~{r. Cusimano answered affirmatively to Mr. Weinberg's question as to whether he would have two separate units completely out- fitted with all of the requirements of an apartment. Mr. Cusimano said a builder will build it for him, and there will be an entrance on each street (one on 1st and one on 2nd). According to the drawing Mr. Uleck had, the duplex would be 70 feet long and 30 feet wide. Dividing that in half, it would mean each apartment would be 35x30. ~4r. Cusimano confirmed this. Mr. Uleck was informed one bedroom apartments are allowed in the City. Chairman Thompson con~ented that it is true the property is land- locked. By the same token, it has two uses. It can be used not only to build a duplex but also a home could be built there. ~¢r. Keehr advised that a single family home could be built there. Chairman Thompson said the property was not designed only as commercial property. ~ Mr. Ampol noted the property was purchased by Mr. Cusimano on June 1, 1984. He asked if Mr. Cu'simano knew at the time he would need a variance. ~¢r. Cusimano replied tha~ he did not know. He met a man who said he would have to apply for a variance. Mr. Cusimano went to Mr. Keehr with all of the paper work. Mr. Cusimano said it is zoned R-2. That is why he wanted to apply for a duplex. - 2 - MINUTES - BOARD OF ADJUST~[ENT BOYNTON BEACH, FLORIDA SEPTE[~.[BER 10, 1984 Chairman Thompson noted that the 75 foot frontage has been in effect since June, 1975, although ~r. Cusimano's statement that there are three or four other apartments on the full length of this street (built before the Code was upgraded in 197'5) was true. However, since that time, Chairman Thompson said none have been built. Mr. Weinberg referred to ~Ir. Cusimano saying if the variance is not granted, he will be stuck with the property. Accordin~ to the contract, it says the sale is only contingent upon the receipt of a variance so actually, ~r. Cusimano is not stuck with the property. ~r. Weinberg pointed out that Mr. Cusimano just could not use the property and would get his deposit back. Mr. Cusimano did not know that. Mr. Uleck noted a shaded area on the drawing which had two lots, and he asked if that was a single family dwel!ine or a duplex. Mr. Cusimano informed him they were all duplex lots. Directly from where it says R-2, Mr. Cusimano said there are two duplexes. ~r. Uleck observed five 25 foot lots, and Mr. Cusimano told him the five lots have four units. Chairman Thompson pointed out that no units have been built since 1975 on less than a 75 foot frontage. Mr. Moore determined that each apartment would be approximately 1,050 square feet. Mr. Cusimano said a lot of homes today are 900 s~uare feet and are 2 bedroom, one bath homes. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. Robert Brown, South Seacrest, Boynton Beack, said his mother has a duplex lot that had some frontage that was shaved off when Seacrest Boulevard was widened. Mr. Brown's mother wanted him to speak on behalf of this duplex because she wanted to build a duplex but was in an R-2 zone. At the present time, Mr. Brown believed there are only two lots on Seacrest that have not been built on with duplexes that are still zoned for R-2. Mr. Brown concluded by saying his mother wanted him to speak in favor of granting the variance. As no one else wished to speak in favor of granting the variance, Chairman Thompson asked if anyone wished to speak against grant- ing the variance. Mildred Lyman, 136 N. E. 3rd Avenue, appeared to speak for Mrs. Frank J. Bottema, 322 N. E. 1st Street. Mrs. Bottema wondered how many people will live in the duplex, if they would keep the grass cut, and where ~they would Dark. ~[rs. Bottema has a four car garage on 2nd Street and a house on 1st Street. Mrs. Lyman said Mrs. Bottema called her from South Dakota. Chairman Thompson advised that the Board received a letter from Mrs. Bottema. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mrs. Lyman complained about all of the cars that park on 3rd Avenue and 1st Street. She stated that some of the other neighbors are also against this. Mrs. Lyman spoke to a contractor that was to come that was also against this. Mrs. Lyman said they did not even get a notice in the mail but other people did. Vice Chairman Ampol informed Mrs. Lyman that the Board had a list of all of the property owners within 400 feet, and they were notified.by the City. Mrs. Lyman told of a woman who lives west of her that received a notice but she did not receive a notice. Mr. Leroy Deale, 502 N. E. 2nd Street, Boynton Beach, was not for it because he thought Mr. Cusimano knew the requirements before he purchased the property. All of the duD!exes built on that have to have a 75 foot frontage. Mr. Deale thought it would be too congested to have a duplex on a lot that size. Lavera E. Anderson Murphy said she has the duplex across the street at 402 North Second Street. Mrs. Murphy was against it because she has three lots for her duplex. If they are going to have another duplex there, Mrs. Murphy wanted it to be built on three lots. Chairman Thompson asked if anyone else wished to speak against the granting of the variance. There was no response. Chairman Thompson read a petition dated August 29, 1984 which opposed the variance. Thirteen people had signed the petition. He stated that all of the Members had a copy of a letter dated September 6, 1984 from Alice Bottima, 322 N. E. 1st Street, which was also in opposition. Mr. Uleck asked what will happen to the 50 feet if they do not build on it. He thought it was better to have a building there than to have an empty lot. When he went by there this morning, it looked to Mr. Uleck like it was a place where they dump all of their junk. He expressed he would rather see a building on the lot than see it full of garbage. Chairman Thompson advised the Members not to lose sight of the use of the lanE. R-2 says a home and possibly a duplex can be built, so the land could also be used for a home. Mr. Uleck clarified that he meant the land should be used and not stay vacant. Mr. Weinber~ felt it was an advantage to the neighborhood to have a home instead of an empty lot. He too noticed the garbage dumped on the property. Mr. Weinberg felt a home was much more desirable, and the fact remained that the land should be used. He said the difference between one family and~wo famiiies is only a few people and not overcrowding-the neighbor- hood. - 4 - MINUTES - BOARD OF ADJUST~ENT BOYNTON BEACH, FLORIDA -SEPTEMBER 10, 1984 Mr. Weinberg noticed Mrs. Bottema questioned whether the new owner will mow the grass and said the land has not been taken care of for over three years. Naturally, Mr. Weinberg assumed that the person who is going to build a home would take care of the surrounding landscaping, take pride in his home, and would take care of it. Chairman Thompson advised that this Board does not have the power to deny the use of land to anyone. How- ever, as Chairman of the Board, he felt he must point out there is another use for the property, and that is to build a home. Regardless of the trash, how much debris piles up is not the responsibility of this Board. Chairman Thompson said the purpose of this Board is to say.~hether they are granting and denying others. They cannot grant a variance to one person and deny those others in the same neighborhood. If this property could only be used for one thing, Chairman Thompson said the Members would have to take that into consideration, and they could not deny that person the use of his property. However, when there is more than one use avail- able and one is permissible, Chairman Thompson advised the Board Members have.to take that into consideration. Mr. Uleck asked what the square footage would be for a single family dwelling. Mr. Keehr said it would be 1,000 square feet. However, this property would require a variance to build a single family dwelling because a single family dwelling needs a frontage of 60 feet. Because it is landlocked, Chairman Thompson thought that would be the lesser of the two evils if it would be a single family residence. If Mr. Cusimano built a single family residence, Mrs. Artis asked if he would have to come back before the Board. For a duplex, Chairman Thompson advised that the Board was lookin~ at two variances in one: A 75 foot frontage and the overall square footage on the property. In the case of a home, they were looking at a 60 foot frontage, and the overall square footage would be appropriate. If the Board decided to grant a variance for a single family home, ~r. Keehr said the Board could do so without readvertising because it is a lesser request. He had checked it with the City Attorney because he anticipated this question. In lieu of the fact that over ten years has elapsed since the time of the new zoning requirement and this is the first time that a variance has been requested, and it is a new dupl~x~_~ilding, Mr. Weinberg moved to grant the variance as requested. Mr. Keehr thought the Board should be made aware of the fact that all the way back to 1962, this property required 75 feet for a duplex. Somewhere along the line, someone was mis- informed. ~[rs. Artis seconded the motion. Chairman Thompson asked the Recording Secretary to repeat the motion. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mr. Weinberg expressed concern that the motion was in error because he thought the zoning was changed in 1975 from reading the papers before him, but Mr. Keehr said it was 1962. Chair- man Thompson said the motion had been made and properly seconded. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion. The vote was 4-2 against the request, and the motion was DENIED. Mrs. Artis and Mr. Weinberg were the only two Members who voted for the motion. Case #67 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 requiring a minimum frontage of 175 feet to be reduced to 121.83 ft. frontage Installation of gasoline pumps Seacrest Blvd. & Woolbright Avenue Lots 21, 22, 23 together with Lot 24, less the East 7 feet thereof, Block 12, CENTRAL PARK ANNEX Recorded in Plat Book 12, Page 51 Palm Beach County Records Vice Chairman Ampol read the application. Chairman Thompson did not see a response to the six criteria but read a letter from F. Ronald Mastriana, Attorney at Law, Mastriana & Christiansen, 2750 North Federal Highway, Fort Lauderdale, Florida, which was addressed to the Board and dated July 30, 1984. F. Ronald Mastriana, Attorney for Southland Corporation, stated their Architect, Traffic Consultant, and a representative of Southland Corporation were present. He showed renderings and said the site is now occupied by a 7-Eleven store. It is the applicant's desire to improve the site and tear down the old 7-Eleven. They will significantly improve the site with land- scaping, a new structure, and gasoline pumps. Attorney Mastriana explained that the gas pumps are an important factor of the new facility because that additional business will support the improvements they intend to make. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 The two requirements the applicant does not comply with are the perimeter to another gas station and the minimum frontage. Because these are prominent requirements they run into through- out the State of Florida, Mr. Mastriana said they researched the background of the particular requirements and determined they are very old requirements and look at different aspects than the new modern 7-Eleven is concerned about. Attorney Mastriana said the 1,000 foot limitation is concerning the publiC's health and safety. Many years ago when the 1,000 foot perimeter was put into the regulations, the gas would be pumped up into a gas container, and the gas container would release the necessary gallons for your automobile. From a safety standpoint, it was felt another gasoline pump should not be within 1,000 feet of that from a safety standpoint. That is why the 1,000 feet was originally adopted by various cities. It was not adopted as an anti-trust type competitive notion to attempt to keep certain gas stations away from other gas stations. Attorney Mastriana continued that everything now is very competitive and the 1,000 foot limitation was never intended as a zoning regulation to try to prohibit competition. With regard to the other provision on frontage, Attorney Mastriana said it concerned itself with a full line gas station that normally has many cars parked on the side for service. The applicant is not a full line gas station, and that is why they hired Kimley-Horn to look at their site plan and tell them if the movement within the site allows that location for gasoline pumps. Attorney Mastriana believed each of the Members had a copyvoZ.~i~!a report by Kimley-Horn. As he said, Attorney Mastriana said the nature of a convenience store and the nature of a gasoline station have changed through the years. He referred to Amoco, Shell, Gulf, etc. carrying convenience items such as beer, bread, and cigarettes like 7-Eleven carries and said 7-Eleven has required the applicant to carry gasoline as another convenience that they give to their customers. Attorney Mastriana asked the Members to remember 7-Eleven does not bring in triDs unless it is at an odd time, He gave examples of when people pull into 7-Eleven stores and said they found the trips only increase by 30%, but that was a necessary part of going around to the various communities as the appli- cant has done. In order to improve the facilities, Attorney Mastriana said they need the additional capital'. He informed the Members that the site plan was reviewed by the Planning and Zoning Board as to the - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 revised location of the entrance ways, and they were moved a little bit further away from the intersection. Attorney Mastriana thoueht there was some question as to how their site would work and the ingress and egress. He introduced Richard W. Mercer, P.E., Senior Engineer of Kimley-Horn and Associates, Inc., 800 N. W. 62nd Street, Suite 333, Fort Lauderdale, Florida 33309, to ~ive the Members a review of their plan and how it will work. Attorney Mastriana showed a rendering of how the facility will look. Mr. Mercer said Kimley,Horn was asked to review the site and examine the operating conditions associated with the existing 7-Eleven operation and to project the potential impact associated with the addition of gasoline sales facilities to the existing site. He called attention to his ~ep~rt dated September 7, 1984, which all of the Members had. On the second page of the report, they projected during the peak hours of activity on the site a maximum of 150 vehicles on and off the site. Mr. Mercer thought this projection was somewhat higher than what will be actually realized when the facility is completed. Mr. Mercer said the peak hour at a facility such as this occurs around noon time as opposed to what is normally considered as the peak hour of the street (the time between 4:00 P. M. and 5:00 P. M. or 4:30 P. M. and 5:30 P. M.). He explained that one of the keys to this are the site dimensions, and he did not know whether the Planning and Zoning Board considered the dimensions to the site itself. Mr. Mercer told the Members the site dimensions are adequate to support the activity that will occur with the addition of gasoline pumps. Mr. Mercer pointed out the pump aisles and relocated driveways on Woolbright and Seacrest and showed that there is room between the driveways and the Dump island for vehicles to position themselves for service at the pumps. At the same time, they do not impede access through the driveways to the parking places for customers who desire to go inside the store. Mr. ~[ercer said the red shading on the drawing indicated where the existing driveways are, and he said the majority of the frontage on Seacrest is now open. It is just a large driveway on that side of the site. On the Woolbright Avenue side, there are two driveways. One driveway is directly in front of the existing store, and there is a smaller driveway which serves the western end of the paved parking. Under this concept, Mr. Mercer said the number of driveways on Woolbright will be reduced from two to one, and the driveway that is left will be a 30 foot driveway. The actual lineal footage of driveway on Woolbright will be reduced significantly. Similarly, the length of the driveway on Seacrest will also be reduced. That driveway now extends for virtually the entire frontage alone Seacrest, and it will also be restricted down to one 30 foot only under the revised site concept. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mr. Mercer told the Members they found the reorientation of the site itself is a significant improvement to operating conditions that occur there right now. They think the additional traffic generated onto the site because of the gasoline sales will cause impacts that will be very minimal compared to the situation occuring there now, and the drive- way improvements will probably offset any of those additional difficulties people have moving off and on the site. Mr. Mercer thought one of the things important to keep in mind is the gasoline sales tend to be sales that do not attract traffic to a location from long distances. People who tend to use gasoline facilities are vehicles which are already on the site or on an adjacent street. Mr. Mercer stated that Kimley-Horn does not project that the addition of gasoline sales will draw more traffic to the intersection of Woolbright and Seacrest. Mr. Mercer informed Mr. Ampol that the new building will be located on the west side of the site. Mr. Ampol commented that it is a very bad intersection. Attorney Mastriana agreed that the intersection needs improvement but said they need the Board's help because the only way they can improve the site is to have gasoline. Mr. Ampol asked if the store will be open 24 hours a day. Right now, Attorney Mastriana said it is a company policy. Mr. Ampol was informed they will only sell fuel and will not sell tires, batteries, etco or have any repairs. Attorney Mastriana reiterated that they are providing a convenience item, which gasoline has become. In this case, they will be tearing down the old store and rebuilding it because that is the only way to allow the proper ingress and egress on this site. Mr. Uleck referred to the 1,000 feet which Code requires. Attorney Mastriana reiterated that the 1,000 feet was for a safety point of view and was never intended to prevent competition between gas stations. It was meant from a safety standpoint, which is no longer appropriate. From a safety standpoint, they have never had any problems with their gasoline pumps. He repeated it was hard to find out why that had been in so many Code Books. The reason was for safety because of a fire hazard. Attorney Mastriana emphasized it is no longer a fire hazard, especially the way they are developing the site. Mr. Uleck asked Mr. Keehr why the 1,000 feet was written in the Code at that time. In 1962 to 1975, Mr. Keehr replied that there was no distance requirement. In 1975, the - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 distance requirement the Board Members see today was added. As was stated, Mr. Keehr said just the reverse has taken place in different cities where they see two or three service stations on the corners. Attorney Mastriana said they went back to some of the Planning, Zoning, and Building Directors that have been in that for 30, 40 and 50 years, and that was how they found their answer. Because this was instituted in 1975 in our Code, Attorney Mastriana did not really know what the reason was but said he would like to know. Mr. Uleck thought there must have been a good reason, or it would not be there. He thought the Board Members should go by the Codes. Mr. Uleck was not against the gas station but felt the Board should follow the Code. Attorney Mastriana told Mr. Uleck the purpose of a variance hearing and all variances is to ask for a change from the zoning provisions. He thought everyone wanted to improve the site and that the City of Boynton Beach wanted a better site and to have the intersection improved. Attorney Mastriana reiterated that the only way they can do that is to bring gasoline to the site. That is the purpose of variances from zoning pro- visions. The Board Members had no further questions. Chairman Thompson advised if it becomes necessary to give additional time to both sides, he would do SOo Attorney Mastriana asked for an opportunity to make a final presentation after the public hearing. Chairman Thompson asked if anyone else wished to speak in favor of the request. A man in the audience wanted the people to have a chance to look at the rendering. From 8:05 until 8:15, the audience looked at the plans. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone would like to speak against grant- ing the variance. Mr. Gerard M. Geany, 3199 N. W. 27th Avenue, Boca Raton, Florida 33434, owner of the duplex at 112-114 S. W. 14th Avenue, which is directly behind the proposed site, was primarily concerned about the concrete retaining wall that is to go behind the proposed facility. He wanted the wall to be continued. Mr. Geany said there is an existing wall there now, an open space, and another concrete retaining wall that was construCted. Attorney Mastriana showed the - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 location of the walls on the rendering and stated they were in agreement to continue the wall. Chairman Thompson advised Mr. Geany that this Board had the right to make that stipulation, and he also thought it was a part of the Code. The only other concern Mr. Geany had was lighting directly towards the residential area because 7-Eleven is open 24 hours. Attorney Mastriana said the height of the wall is six feet. They shine their lighting in and try to keep it away from the neighbors. Mrs. Jay Mo (Margaret W.) Copeland, 148 S. W. 14th Avenue, believed the building on the corner would only create more traffic and confusion and would be dangerous to the people that live in the area because it would create more traffic on 14th Avenue. She added there would be more traffic at night. Mrs. Copeland was concerned about the small children in their area and definitely thought it would be a detriment to the neighborhood. Mr. Jay M.· Copeland, 148 S. W. 14th Avenue, Boynton Beach, Florida 33435, lives on the corner of 1st Street and S. W. 14th Avenue. There were several reasons why he thought this variance should not be allowed. A few of them had already been pointed out by one of the Board Members. Mr. Copeland pointed out that the corner is now highly congested, and he was sure the Members had been able to observe it themselves. He did not argue the point that perhaps it would not generate more traffic into the 7-Eleven store but said there was a definite safety factor involved in getting out of the 7-Eleven store. At the present time, Mr. Copeland said there are no turning lanes, no provision for them, and there probably never will be. Mr° Copeland referred to traffic coming off of Seacrest and Woolbright and noticed a definite increase in traffic. He called attention to people trying to beat the light to get away from the congestion and said they are turning down 14th Avenue in a westerly direction and then south on 1st Street to enter into Woolbright and continue west on Wool- bright° There is a stop sign at that intersection. Mr. Copeland took a survey and in one day, out of 87 vehicles that turned from Woolbright onto 1st Street to take a north- erly direction, trying to beat that light, 62 either just slowed or did not stop at all at the stop sign and 27 disregarded it altogether. As there are a lot of children in the area, Mr. Copeland brought this to the attention of the Public Safety Office in - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Boynton Beach but so far has been unable to do anything about the situation. The intersection there is fairly un- obstructed. However, Mr. Copeland said children do not know that° He told of near collisions and many occasions when vehicular traffic turning there has been forced to tear up lawns and damage property to avoid children. Not only is the increase in passenger vehicular traffic very notable, but there is an increase in truck traffic. Mr. Copeland admitted he gets upset with the way they come around the corner because the signs are not adequate and posted. The sign says, "No Truck Traffic" on 1st Street. Their reason for making these turns is to avoid that busy inter- section, which is a major artery for north, south, east and west traffic. Mr. Copeland advised there do not seem to be any peak hours at the intersection. Woolbright Road going in an east/west direction gives access to the Publix Shopping Center, the beach, downtown and out of town. North/ south is a main thoroughfare for public safety vehicles, and there was a very notable increase in accidents there last year. Mr. Copeland suggested before anything is done on this that they have a study by the City's own public safety officers to see what the City comes up with and to see how congested the area is. He felt any increase would be detrimental to having gas pumps put there. Mr. Copeland noted the applicant wants to improve the property and said they certainly had the opportunity to do that in the last few years but had not done anything about it. He did not think gasoline pumps would improve the property. Gasoline will not be needed to make the necessary improvements that Mr. Copeland said the applicant so aptly put to the Board Members. He called attention to the 30% minimum increase in traffic and thought it would be a horrendous situation. The other factor involved was when Mr. Copeland moved here six years ago, they had trouble getting people to stop dumping their garbage there. 7-Eleven is bad enought as it is in a residential neighborhood which has many elderly people. Mr. Copeland did not think the neighborhood or any- one should be subjected to picking up debris (beer bottles, cans, and candy wrappers) out of their yards. Mr. Copeland hoped the Members would consider what was said and stated he was against the variance. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Robert A. Kelly, 147 S. W. 14th Avenue, Boynton Beach 33435, lives on the corner of 1st Street, directly north of Mr. Copeland's house. He bought his house 4-1/2 years ago because there was very little traffic but has been very much disturbed with the increase in traffic, not only on Seacrest and Woolbright but on their street, in the last 1-1/2 years. There are no more houses and neighbors. The reason for it is people are turning off of SeaCrest onto 13th or 14th Avenue and coming through the back streets to get around the corner. Mr. Kelly said he does not try to get out 1st Street onto Woolbright Road or out of 14th Avenue onto Seacrest but goes two blocks out of his way to get onto Seacrest to go south. When he looked at the two driveways on Woolbright and one on Seacrest, Mr. Kelly could not see how moving them back a little bit from the corner and cutting them down would have anything to do with the improvement of traffic on that particular corner. If you come west on Woolbright Road and want to turn in there for gasoline, Mr. Kelly said you would have to turn across the traffic. If you are coming the other way, you could get in OK, but if you do not want to go out Woolbright Road, Mr. Kelly asked where you would come out. Mr. Kelly could not see how this would do anything but make that corner worse. Mr. Harvey E. Oyer, Jr., 227 S. W. 15th Avenue, Boynton Beach 33435, owns property in the same block and had mixed reactions to the request. He thought it was a tremendous improvement aesthetically to the area but from the negative standpoint, Mr. Oyer thought the applicant was asking for too great of an exception for a variance to be a hardship. Mr. Oyer has been in business in this City for 30 years and recalled the public's sentiment for the laws regulating distances of gasoline stations was to reduce the sheer volume of having a gasoline station on every corner. If the Board makes an exception here, Mr. Oyer thought they would be faced with the competition. Mr. Oyer felt it would behoove the Board to refer the appli- cant to the City and to the Planning Department for an overall review of Ordinances so that everybody can be treated alike. He did not think it was a hardship because the applicant has had the property for years and is trying to change the scope of its business. Mr. Oyer did not want to speak for or against changing the Ordinances at this time but repeated that he did not think this was a hardship case. He told Chairman Thompson he did not think this was the proper approach at this time. - 13- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 James F. Weege, 127 S. E. 15th Avenue, Boynton Beach 33435, thought it was a nice idea to have a new facility but wondered why the applicant picked that facility when further down, south of the high school, there is a 7-Eleven in much more need of repair than this one. Chairman Thompson replied which one 7-Eleven picked was not the Board's concern. Mr. Weege did not agree with 7-Eleven's supposition that in order to make the improvement, they have to have gas pumps when, as Mr. Copeland pointed out, less than a quarter of the income generated by this facility or any facility is through the sale of gasoline. In Mr. Weege's opinion, the applicant was holding a "threat" of either they get the variance or they do not play ball. Mr. Keehr confirmed Chairman Thompson's statement that the applicant is in violation of egress right now and added that the property is legally non-conforming as far as the entrance goes. Mr. Weege agreed with most of the other people that their primary concern in this particular intersection was that it is a direct route to the hospital and there have been problems at the intersection. When time is of the essence in getting to the hospital, Mr. Weege did not think it should be impaired. Chairman Thompson announced there was one communication. Vice Chairman Ampol read a letter from Martha and Harold Lasey, 130 S. W. 13th Avenue, Boynton Beach, Florida 33435, which objected to the variance. Mr. and Mrs. Lasey said the existing gas station gives good service, and it appeared there would not be a need for another one. Attorney Mastriana showed a plan of the present facility and said the entire area is open. What this plan does is channelize the entrance ways which will be a significant benefit to the intersection. Attorney Mastriana read a memo from Carmen Annunziato, Planning Director, to the Planning and Zoning Board saying the Technical Review Board recommended that the variance requested be subject to the applicant installing "No left turn" signs at the exits. The basis of the recommendation was the fact the site plan, as proposed, results in increasing the distance from the intersection of the driveway locations and because the proposed building will improve the traffic pattern at the intersection. Attorney Mastriana stated that some of the comments were not quite true with regard to the traffic impact, which he asked - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mr. Mercer to address. Mr. Mercer wanted to clarify that the 30% increase in traffic is an increase in traffic that would be moving onto the site and off of it. Mr. Mercer asked the Members to remember they will still have a 7-Eleven and traffic activities. The effect of granting the variance and installing the gasoline facilities would be to increase the amount of traffic that goes onto the site by 30%. That does not mean that the same percentage of increase would occur to traffic using the intersection of Woolbright and Seacrest. As a matter of fact, Mr. Mercer said they do not expect any increase in traffic as far as the total amount of traffic using the intersection. Mr. Mercer agreed with Attorney Mastriana that the reconfigur- ation of the driveways is the thing that gives you the oper- ational improvement. By reducing the width of the driveway from 60 feet or 50 feet down to 30 feet, they are reducing the potential conflict area for vehicles trying to enter and exit the site. Mr. Mercer said that is an important oper- ational improvement. Even if the Members do not grant the variance, Mr. Mercer told them the conditions that exist today will remain, and the addition of gasoline facilities would not change oper- ating conditions at the intersection. Attorney Mastriana said the only purpose of the applicant being before the Board was because they want to improve the station. There is no other reason to do that or to go into this major cost unless they have gasoline. According to what Mr. Mercer read, Mr. Weinberg said Mr. Carmen Annunziato recommended that "No Left Turn" signs be posted on either one of the driveways. If they have "No Left Turn" signs and people on 7-Eleven property want to go north on Seacrest Boulevard, it would mean they have to exit into the westbound of Woolbright, go up to 1st Street, make a right turn into 14th Avenue, go on 14th Avenue to Seacrest, and make a lefthand turn northbound, thereby increasing the traffic on 1st Street and 14th Avenue which some residents objected to. Mr. Weinberg told of people not reading signs at the Post office in some instances. He stated 30% was only a hypothetical opinion of Mr. Mercer, and it could be 40% or 50%. Inasmuch as the applicant's main purpose is to upgrade the entire area, Mr. Weinberg could not see why it was necessary to put in a gas station at that point as he thought the safety hazards involved were too great. Attorney - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mastriana advised the 25% to increase the sales is what is needed. Chairman Thompson asked if anyone from the opposition would like to respond. Mr Jay Copeland's primary concern over and above the increased traffic was the exiting of traffic. As the Board pointed out, traffic will still be sent down 1st and 14th plus it creates more congestion at the intersection itself. Mr. Copeland said it is too close to the busy inter- section for people turning either onto Woolbright or Seacrest and then taking the chance on someone coming out of there. He felt this would create a 30% increase in traffic and danger in getting out. Chairman Thompson pointed out that the Board has nothing to do with the amount of traffic on 1st Street and 14th Avenue. He also pointed out that it is an eye sore there and will stay that way unless something is done. Chairman Thompson reminded the Members that each case is based on its own merits. He referred to Texaco, Amoco, and Friendship and said right now those who complained about them would probably not complain today because they got rid of the eye sores and have good looking stations. Chairman Thompson thought the Board should take those things into consideration° Chairman Thompson also advised the Members not to be concerned as to whether the applicant makes a profit or loses money. He said they should also take into consideration that there are very few service stations in the City of Boynton Beach that are not in violation of the present Code of 1,000 feet. Mr. Ampol lives near the intersection and emphasized that it is very dangerous at all times. Chairman Thompson asked if he thought the problem would be eliminated if the egress was changed. Right now you can make a turn approximately 15 feet off of that corner on Woolbright or Seacrest. He asked how far egress is from the corner. Attorney Mastriana replied that the existing one is almost right on the corner. The proposed plan is 70 feet from the corner. Chairman Thompson commented that if they are thinking of hazards, 70 feet is certainly better than 15 feet off of the corner. By having pumps at 7-Eleven, Mr. Uleck thought there would be less congestion to the other gas station. If the people would not cross the double yellow lines, it would be a big help. He meant by making a lefthand turn onto Woolbright or Seacrest. Mr. Uleck stated you also have the hazard across the street. However, if they give a variance to one person, - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Mr. Uleck said the Board will have to give it to everybody that requests it. Chairman Thompson again advised that every case is based on its own merits. He referred to the three stations he previously mentioned and pointed out that the decisions the Board made on them improved the neighbor- hood. Chairman Thompson again asked if they would be improving the property or letting an eye sore stay there. If they do not have the gas pumps, Mr. Uleck wondered it they would still have that type of design. Attorney Mastriana stated the applicant could not justify tearing down the building and redoing the entire site without gasoline. Their corporate offices would not let them do it. Attorney Mastriana informed Mr. Uleck the purpose of the site plan approval was for the intersection. If they could not get the driveways moved, they could not even go ahead with this. Mr. Uleck reCalled that the gas pumps were for the future. Mr. Keehr confirmed there were no gas pumps on the first site plan approval. Attorney Mastriana clarified that the only purpose of ~doing that was to move the drive- ways back so the applicant could proceed on this basis. He reiterated that they could not tear down and rebuild the building unless there would be some economic benefit to the corporation. Attorney Mastriana said their new stores are beautiful facilities. They still have to come for a Conditional Use Permit, and the applicant intends to work with the neighbors, build the walls they want, and move the lights. Mr. Ampol repeated he was concerned about the traffic. Chairman Thompson asked Mr. Keehr if he had anythin~'on'~he traffic. Mr. Keehr said the initial plan, as the Members could see it, with the driveways as they were was looked at by the City's Technical Review Board (which had a Traffic Officer in attendance who looked the situation over and made his comments). It was approved under the stipulation that "No Left Turn" signs be posted. It was approved by the Technical Review Board, Planning and Zoning Boardt and the City Council. Mr. Weinberg asked if that was for the new building or just the moving of the driveways. Mr. Keehr replied that was tearing down the old building and building the new one. It was just as the site would show with the elimination of the gas pumps. At two of the Council meetings Mr. Uleck attended, he recalled the gas pumps were to be in the MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 future. In looking at the drawing, Mr. Uleck thought it would be a good idea to give them the variance. Mr. Uleck asked how many pumps would be there. Attorney Mastriana said there will be three double pumps (one premium and one regular) and a hose on each side. Usually, there cannot be more than three cars. Chairman Thompson requested Attorney Mastriana to point out the open space. If a person wanted to come up Woolbright and come up to the south pump on the south side, Chairman Thompson observed that he could also turn around there and go back out. Attorney Mastriana confirmed that was correct. If he cannot make a left turn, Chairman Thompson said he can go back west. If he comes in the other way, Chairman Thompson asked how he would go. Attorney Mastriana replied there is plenty of room for him to turn around. Mr. Weinberg wanted to see the chart which indicated the old building. He was informed that after the building is demolished, parking will be there. Mr. Weinberg noted the area they would have for ingress and egress. Mr. Weinberg moved that the variance request be denied, seconded by Mr. Ampol. Mr. Weinberg's reason for making the motion to deny was based on safety hazards of the area. All of the statistics were merely supposition, and Mr. Weinberg felt they could be increased or decreased greatly. He stated there was no way at this time they could judge what kind of an increase or decrease would result. In the overall picture, Mr. Weinberg could see there would be an additional hazard by the addi- tional amount of traffic. Even though upgrading and putting up a new building is desirable, especially from looking at the colored picture, Mr. Weinberg measured the safety against that and said if one person fell victim to the increased traffic, it would not be worth it. Mr. Ampol informed the Chairman that he seconded the motion' for the same reason. At the request of Chairman Thompson, the Recording Secretary took a roll call vote on the motion. Mr. Uleck voted against denying the variance. He wanted to give the applicant the variance because many of the people will go to the 7-Eleven for coffee, etc. and cross over to the other gas station for gas, which would be twice the - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 hazard. Chairman Thompson was also in favor of granting the variance because he thought all concerned parties would be satisfied the variance was given. They would rid the city of an eye sore, improve the property, and eliminate traffic hazards. He voted against denying the variance. The vote was 4-2 with Mr. Uleck, Chairman Thompson, Mr. Moore, and Mrs. Artis voting against the motion to deny. Chairman Thompson announced the motion was DENIED because there would have to be five votes in favor of the variance in order for it to be granted. Chairman Thompson advised Attorney Mastriana the Board was one Member short, which is usually the member that breaks the tie. Chairman Thompson clarified that three negative votes will deny the motion, but five must vote in favor to grant a motion. As it stands now, Chairman Thompson said the vote was 4-2. Attorney Mastriana asked if the applicant could come back before the Board if they do a traffic study. Chairman Thompson said the applicant could come back at the next meeting. Mr. Keehr emphasized the only thing that would warrant a rehearing would be some cha__~e in conditions PERIOD. In a sense, Chairman Thompson felt ~i~ ~-~ ~ ~, which in itself would be reason to come back before the Board° Attorney Mastriana wanted to satisfy the Board on the traffic matter. Mr. Ampol advised Attorney Mastriana the only way to object to the decision made tonight was to appeal to a Court of proper jurisdiction. He stated that the only one that could overrule the Board's decision would be a Circuit Court Judge, but probably the applicant could come back like the Chairman told them they could. Chairman Thompson reiterated that the request was denied because the Board did not have a breaking vote. It was not turned down because there were not enough negative votes against it. However, the applicant did not receiv~ the five votes necessary to grant the request. The City Ordinance states you have to have five votes. With a full Board voting, Chairman Thompson said that would break the tie. Attorney Mastriana told the Board Members they were going to try to come back because they believe in what they are doing. - 19 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1984 Chairman Thompson informed Attorney Mastriana the procedure would be the same. Mr. Copeland asked if the people would be notified again if there is another hearing. Chairman Thompson replied, "Yes." ADJOURNMENT There being no further business to come before the Board, Mr. Ampol moved, seconded by Mr. Uleck, to adjourn. The meeting properly adjourned at 9:10 P. Mo - 20 -