CORRESPONDENCE
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1996
with the setbacks. This nonconforming structure cannot be enclosed the way the applicant
is proposing. Staff suggested installing a fence under six feet because fences and walls
that are under six feet do not have the 30 foot setback. However, this does not meet the
applicant's security needs.
Ms. Hileman said there is conflicting language within Section 11.1.E of the ordinance
regarding nonconforming structures. There is some language where a nonconforming
structure or building may be maintained and repaired, but it shall not be added to or altered
in a fashion so as to increase the extent to which the structure or building is in violation of
applicable regulations. The CDC thinks that this use would be very beneficial by enclosing
the carport and reducing the possibility of people hanging out underneath it and doing
things that they should not be doing.
Vice Mayor Jaskiewicz asked if it would be an addition if the perimeter of the structure were
not changed. City Attorney Cherof felt it would constitute an expansion of the
nonconforming structure. The issue is not whether it is beneficial or not. That section of
the Code does not address benefit issues. It deals with the size of the structure, and the
concept is that you do not expand, in any nature, a nonconforming structure. That is the
way the code is written.
Ms. Hileman questioned whether that would be considered an expansion or not. City
Manager Parker asked if fencing is considered an expansion, such as a chain link fence.
City Attorney Cherof and Ms. Heyden said they could put up a fence, just as long as it is
not over six feet high. Mayor Taylor pointed out that this would not solve the problem
because the CDC wants to use this for storage, and people could jump over the fence and
take whatever is stored there. He asked if the fact that it.is connected to the other part of
the structure makes it an expansion. City Attorney Cherof answered affirmatively.
Mayor Taylor advised the applicant that we cannot violate our own Code. In order to do
accommodate the applicant, we would have to change the Code for all nonconforming
uses.
City Manager Parker said if the applicant is willing, we could grant a fence variance this
evening, and the carport could be fenced all the way to the roof and have a padlock gate.
Ms. Hileman asked if there would be a possibility of putting an awning or an extension over -
the edge of the building. City Manager Parker advised that this would be worse.
Ms. Hileman asked what kind of fencing would be allowed. City Attorney suggested
discussing this matter with the applicant after this hearing as opposed to trying to form the
conditions tonight that might violate the Code.
20
tz1ie City of
'.Boynton'lJeacli
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100'E.. 'Boynton. 'Bea&. '1X1ulerJGTtl
P.o. qJ0i(310
'Boynton. qJUJdi, 110rUfa 33425.0310
PHONE: (407) 375-6281
FAX: (407) 375-6357
PLANNING ANO
ZONING DEPT.
OFFICE OF THE CITY ENGINEER
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CD c.-N kI.sp
September 24, 1996
Gator Engineering Services, Inc.
200 Knuth Road
Suite 214
Boynton Beach, Florida 33436
Attention: Robert Fetrow, P.E.
Re: CDC Office - Access Drive
Dear Mr. Fetrow:
The drawing dated August 6, 1996, but first submitted to this office today depicts an acceptable
access drive off ofNW 1 st Street. The rearrangement of the handicap parking space is also
acceptable to us.
VeI)' truly yours,
CITY.?F BO~TO~BEA H, F;ORIDA
/../ . //1'/.(/ /J: r /. y
~>(..j{.<<lffl4t (/5l ~i
t William Hukill, P.E.
City Engineer
WVH/ck
xc: Carrie Parker, City Manager
Tambri Heyden, Planning & Zoning Director
C:CDCDRIVE
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Page 2
Administrative Technical Review Committee Meeting
July 16, 1996
Rezoninq:
1.
PROJECT:
East Ridge PUD
LOCATION:
Northeast of intersection of N. E.
4th Street and N.E. 20th Avenue
AGENT:
John A. Grant, Jr., Inc.
OWNER:
Gary De Graf -- De Graf, Inc.
DESCRIPTION:
Request for master plan approval for
34 single family units in connection
with a rezoning of 5.01 acres from
R-3 to PUD (Planned Unit
Development) with an LUI of 7.00.
NOTE:
Written comments and plans are to be
returned to the Planning and Zoning
Director no later than 5:00 P.M. on
Friday July 26, 1996.
3. Other Business
None
4. Comments by members
5. Adjournment
a:TRCSPECL.716