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LEGAL APPROVAL --- ,,,- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA SEPTEMBER 20. 1994 Motton Commissioner Aguila moved to approve the e plan for the V1n1ngs at Boynton Beach and the V1n1ngs II at Boynton Be . subject to staff comments as sub- mitted here t.h1s evening, with the e eption of the trees, and the the south side of the entrance dr1 . Vice Mayor Matson seconde Mr. Hukill stated that the ma1 street is a collector stree and there is a provision in th~ Append1x for. idewalks to be constructed n both sides of all collector streets. However the app11cant has been ve~ cooperative. It 1s a large development and wal and paths have been prov1 td within the development that may sat1sfy the C~ ss1on. One ot the reaso they are res1st1ng the , sidewa I ks 1 s that theYfGo not want people g01ng 1 that way. Conm15510ner..,"" Aguila felt the s~de It on the south s1de is s f1cfent. y~~ Although the applt ant has agreed w1th comm number 7(h) of the Brann1ng and Zon1ng Departmen memorandum, Ms. Heyden w ld like to w1thdraw!. As wr1tten r1ght now, the ndscap1ng that 1s not 0 he1r property woul -' ave to be installed 1f ey are the first develop . Th1s opens up t quest10n of who ma1ntains th landscaping and how 1t ts irrigated. C ss10ner Agu11a thought th1 was prev10usly dealt w1 and that landscap g is only required on the proper being developed so tha 1t can be 1nta1'. Prev10us minutes ind1cate 0 Ms. Hevden that 1t w 1ntended t t buf rs be installed all at once, w ther or not 1t was on t property b ng d eloped. Comm1ss10ner Agu11a aid that waf. never his tent and th do not make any sense. y one ingress/egress throughout th1 entire development an that there ar ov 500 people. He asked what would happen 1f there is ~ bl dr1ve~ Mr. Wohlfarth stated that there are two lanes g01ng in both d1rect s. It is w1der than nonnal and has a valley or gutter where they narrow down to a single lane. Therefore, 1f a car breaks down, you can go around it. The motion carried 5-0. C. Otber 1. AdIItntstrat1ve app..l to ,...v. _tal awntngs at Cueo's Restaurant '. - Ms. Heyden stated that Terry Hanns is appealing an administrative detenm1nat10n regarding the request to remove the metal awn1ngs proposed above the windows on the west side ot tho Cuco's building. This bu11dtng 1s at the northwest corner of Boynton Lakes Plaza. Th1s request 1s being ftled to appeal staff's adminis- trative denial to remove the awnings. The awnings are not in place yet. The architectural eievat10ns were approved for Cuco's 1n 1993 by the Commission 1n connection w1th a Community Des1gn Plan appeal. The appeal was for relief from the Spanish/Med1terranean roof material and architectural feature require- ments of the Code. At that meeting, the applicant agreed to add the architec- - 27 - " , MINUTES - REGULAR ~_.t COMMISSION MEETING BOYNTON BEACH. FLORIDA i SEPTEMBER 20. 1994 tural features as a compromise for approval of a flat roof. Cuco's is currently under temporary CO pending this issue. as wel' as some Building Department issues. If these awnings were to be installed they will encroach an existing utility easement. ,Staff's detenninatlon not to allow the metal awnings is based on the fact that th@ metal awnings were cr!d1ted towards on~ of the three archi- tectural features required. Also, 1t is staff's opinion ~~!t the Cueo's building is a very simple design, not well integrated with tne shopping center. The building would ;be enhanced by features. as long as they were compatible with !ither the existing building or the shopping center. Staff rec~nds that this request be denied. However, 1f some other architectural feature that is harmon- ious with the building or the shopping center could be added, or t~e color changed to improve the shopping center, staff would be in support of this. Joe Liberado, owner of Mexan Incorporated, which operates Cuco's Border Cafe, stated that tne reason the exterior awnings were eliminated from the west eleva- tion was because they served no real purpose. When the building was originally designed, he thought the awnings would shade the interior fram the sun as it sets 1n the west. That was not so. In place of the awnings, blinds were installed on all windows on the west side of the building. This served a real purpose. In addition, the awnings would encroach on the easement. In response to Mayor Hanmening, Ms. Heyden advised that the' easement is at least ten feet wide. Vice Mayor Matson asked if there is any merit in what the Planning Director said about changing the color. Mr. L1berado said he would consider toning down the color of the building when it needed repainting. Ms. Parker stated that the owner of the shopping center previously agreed to changing the color of the building when it needed repainting. Mr. Liberado stated that he would like to comply with anything the Commission would like him to do. He does not want to upset anyone, especially the people in the community. Mr. Liberado said he would be willing to remove the Christmas lights from the top of the building if the Commission allows the metal awnings to be deleted. Commissioner Aguila saw no problem deleting the awnings. Neither di4:Y1ce Mayor Matson. Mot1on Commissioner Aguila moved to approve the administrative appeal to remove the metal awnings at Cuco's Restaurant. Commissioner Katz seconded the motion, which carried 5-0. IX. NEW BUSINESS This - 28 -