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LEGAL APPROVAL ~T~ %e City of 'Boynton 'Beach pfanning & Zoning 'Depa.rttnent 100 'E. tJJoynton tJJeadi tJJoufevara P.O. tJJo~310 tJJoyn.ton tJJeadt., :Tforitfa 33425-0310 (407) 738.7490, ~Jif.X: (407) 738-7459 January 25, 1993 Mr. Richard Parsons c/o captain Frank's Seafood 435 West Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Richard: On September IS, 1992, the city Commission of Boynton Beach reviewed two appeals regarding your site plan. The first appeal was a community design plan appeal regarding the type and color of the roofing material. The second appeal was a landscape appeal requesting the deletion of the landscaping islands at the front of your property. The first appeal regarding the roofing material was approved. The second appeal was denied and you were ordered by the city Commission to install the landscape islands as well as realign the handicapped parking space closer to the front door of the building. (See attached minutes) To date you have completed reroofing your structure but no progress has been made on installing the landscaping. Therefore, I am asking that you provide the Building Department with a scale drawing done by a licensed design professional showing the two islands with landscaping to meet code and the realigned handicapped parking within fourteen (14) days of the date of this letter. (It is not necessary to re-draw the entire site plan, just the area effected by the City Commission's determination is sufficient.) If you should have any questions on this matter, please feel free to call me. Yours truly, ~~ Christopher cutro Planning and Zoning Director xc: J. Scott Miller Don Jaeger Vince Finizio 5'!1'ne~q.'s Cjatewa1L!() the (ju(fs~ream__ ?~ .:,. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1992 request but the Technical Review Committee approved it. Commissioner Walshak will not vote in favor of it. . Vice Mayor Matson wondered why there are no comments from the Fire Department. Mr. Cutro stated that the Fire Chief met with the individuals and approved the plan. The reviewer felt that should stand on its own. Commissioner Aguila stated his original information was not to support this request because he had not seen a sketch. He assumed there would be parallel parking in front of the building. It had not occurred to him that they would be cutting 15' of their existing paved area. The width of the lane from the edge of the pavement in front of Blockbuster to the edge of the parking spaces is not anticipated to be changed; therefore, nothing will change regardless of whether or not they get the approval. Commissioner Aguila is not sure whether or not the situation will improve regardless of the Commission's decision. Commissioner Harmening feels there is a problem as far as access is concerned. By adding this parking, additional problems will be created. The clearance bet- ween the areas is small and when cars back out of both areas simultaneously, they will hit each other. While he agreed with Commissioner Aguila that this could happen anywhere, he felt there was no reason to increase the risk in this center. Motion Commissioner Walshak moved to deny this application. Commissioner Harmening seconded the motion which carried 5-0. 3. Review an appeal by Rtchard Parsons to delete a tenmtna1 landscaping island in the parking area of captain Frank's Seafood located at 435 Nest Boynton Beach Boulevard. Mr. Cutro made the presentation and explained that Mr. Parsons appeared before the Commission several meetings ago to plead his case regarding expansion of a nonconforming business. There is no nonconfonming issue at this time. After a number of meetings, Mr. Parsons submitted a plan. Staff responded with comments regarding what needed to be rectified. After approximately five months of discussions, Mr. Parsons rectified the plan. More conversations took place bet- ween Mr. Parsons and Mike Haag and Mr. Parsons was advised that he would have to appeal this. Mr. Cutro stated that the tenminal islands are to cut down the size of the dri- veway, make a safer ingress and egress and provide for the landscaping which the City has not wanted to waive or remove from most site plans. Without the ter- minal islands, there will be a 47' wide driveway. There is no justification to remove the islands. The sight distance problems raised by Mr. Parsons are false. The hedges and trees can be trimmed. The Planning and Development Board recommended denial of this request. Richard Parsons. 435 Boynton Beach Boulevard. Boynton Beach. said he is con- cerned with the safety and legal liability. He stated that because of changes in the Code, he is now required to fit the landscape islands into the entrance. His engineer and architect advised him this is an unsafe proposition. There is " - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER IS, 1992 , also a line of sight visibility hindrance and it is the opinion of several pro- fessionals that it will be unsafe with the islands. The lot is too small and already contains more landscaping than what is required by Code. However, he is willing to instatl more landscaping at a safer location on the site. He claimed that no precedent will be set by granting this request because every site has its own limitations. He feels the proposed east island is more dangerous than the west because of the proximity to the 1-95 entrance ramp, proximity to Galaxy Elementary School and the fact that no traffic signals exist in the area. Mr. Parsons and Galaxy Elementary School have petitioned.the D.O.T. for a review. To date, there have been no accidents because of the design. He feels these landscape islands will create a hazard. He stated he is striving to keep his site as safe as possible and requested consideration for the special conditions of this case. In response to Commissioner Aguila's question, Mr. Cutro stated the Code has been in effect for at least five years. Commissioner Aguila measured and has no doubt that both islands will fit. On the east, there is 26.38' of which 17' will be used by a required handicap space. There is 4 1/3' of landscaping which is adjacent to the south side of the building which leaves 5.381 for the island. There is no physical reason why the landscaping material or the island cannot be put on the west. Motion Commissioner Aguila moved that Mr. Parsons provide both landscaping islands on either side of the western-most entry drive and coordinate with the Planning Department on the landscaping material to make sure that the visibility is left open. When the handicap space is moved close to the building, a wheel stop will be installed and that drive will no longer be used. Vice Mayor Matson seconded the motion. ~ Commissioner Harmening asked if Gee and Jenson reviewed this request. Mr. Staudinger said he has not looked at it lately, but about two years ago he discussed this with Mr. Parsons. He is not in favor of removing the' islands because he does not agree that it is safer to have a 481 driveway than it is to have landscaped islands and a 24' driveway. The motion carried 5-0. 4. Review a request by Richard Parsons to install red clay barrel tile to the roof of captain Frank's Seafood bUl1di", located at 435 Nest Boynton Beach Boulevard. The building is located in the Coastal Village Design District. Commissioner Hanmening noted for the record that this is not barrel tile. It is a Spanish US" tile. Mr. Cutro made the presentation. He reminded the Commission that Mr. Parsons was remanded back to the Planning and Development Board at their suggestion. The Planning and Oevelopment Board reviewed this request and based on the fact that there is a question regarding what the overall design between Seacrest and 1-95 should be, they have recommended approval. - 9 - '\ \ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1992 Commissioner Hanmening was pleased with the Planning and Development Board's approval of this request. He feels they have a grasp on the problem and saw the solution. . Motion Commissioner Harmening moved to approve and uphold the findings of the Board and grant the applicant permission. Commissioner Walshak seconded the motion. Commissioner Walshak agreed with Commissioner Harmening1s remarks and feels this roof will be more aesthetically appealing. Vice Mayor Matson requested a condition be added to the motion. She would like to see the tiles cemented and nailed. It was pointed out by Commissioner Harmening that every third tile is supposed to be nailed. Mended Motion Commissioner Harmening amended his motion to add that the tile shall be installed in accordance with the Standard Building Code, 1988 Edition with com- piled amendments or the Countywide Addendum to the Standard Building Code, whichever is stricter. Commissioner Aguila pointed out that the City had adopted the latest development code with County amendments. Commissioner Aguila seconded the amended motion. There was discussion on whether or not this motion could be amended. It was determined that the amendment should be voted on first. The motion carried 4-1. (Commissioner Walshak cast the dissenting vote on the amendment.) The main motion carried 5-0. ..,. " 5. Presentation/request by the Palm Beach County HOUSing Partnership reference.the conveyance of vacant City property for infill housing Wilfred Hawkins stated that the Housing Partnership and Community Improvement have been discussing their corporation coming into the City to help with affor- dable housing specifically in the CDBG area. It is important for the City to develop affordable housing. The hope is to get involved with public and other developers in this business. Other cities within the County are already heavily into this type of partnership. Community Improvement would like the Housing Partnership to come into the City using County funds and their own private sour- ces to do some infill housing in the City. Mr. Hawkins proposed that six single-family properties in residential areas in Boynton Beach, specifically three on NW 4th Avenue and three on NE 11th Avenue, be used by the Housing Partnership. The Housing Partnership has been looked at very closely and Mr. Hawkins is comfortable with their ability to build infill housing. They have worked in Alamanda Gardens in Delray Beach and it has proven to be quite successful. Community Improvement and the City Manager's Office have no problems working with Housing Partnership. The only concern the City has is to know what they plan to build ahead of time. The Housing Partnership , - 10 -