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AGENDA DOCUMENTS MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 18, 1991 thought that was the end of the case for the Commission. Mr. Mrotek disagreed, saying the case was still pending, because the Judge made a judgment that he could not rule on the case. Vice Mayor Harmening clarified that Mr. Mrotek exhausted his administrative appeals. Therefore, it was not properly before the Court. City Attorney Cherof intervened to inform the Commission that Mr. Mrotek is involved in litigation against the City. He has an Attorney, and City Attorney Cherof did not think it would be proper to put Mr. Mrotek in the position of answering the Commission's questions without his Attorney available to advise him. Mayor Weiner suggested Mr. Mrotek have his Attorney get in touch with City Attorney Cherof. Mr. Mrotek understood that was discussed, and it was indicated by his Attorney that there was an interest by the Commission in the background of the case. However, the Commissioners he had talked to were advised by City Attorney Cherof not to,discuss the matter with him on a one on one basis. It was suggested he approach the Commission relative to the background of the case and from the standpoint of the City being sued. Mr. Mrotek was interested in communicating with the City, whom he is suing, relative to setting up an amicable ground to settle on. Mayor Weiner reiterated that Mr. Mrotek should have his Attorney get in touch with City Attorney Cherof. 2. Ruiz Catering - landscape appeal - An appeal to the administrative decision concerning Article III, Section 7.5-57(a)a.l to allow a two foot wide land- scape strip rather than the required three foot wide landscape strip adjacent to the south property line Mr. Cutro asked that this item be pulled from the agenda because the wrong backup was sent out. It will be resub- mitted to the Commission at the July 1st Community Redevelopment Agency (CRA) meeting. The applicant agreed to this. Vice Mayor Harmening moved to DELETE this item from the agenda, seconded by Commissioner Artis. Motion carried 4-0. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 091-38 Re: Establishing a returned check charge of $15.00 or 5%, whichever is greater City Attorney Cherof read proposed Ordinance No. 091-38 by 14 \ \ , ~ MINUTES - COMMUN__Y APPEARANCE BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1991 Mike Haag recommended that the motion contain a phrase which states that the applicant must submit his plans for the appropriate review of the landscaping. Arthur Berman moved to accept the p'lans subject to the staff comments made at the meeting and including,the submittal of permit plans and approvals subject to landscaping approval by Mr. Haag. The motion was seconded by Jean Sheridan. Motion carried 7-0. 2. CENTRAL BUSINESS DISTRICT SITE APPROVAL a. PROJECT NAME: OWNER: AGENT: LOCATION: LEGAL DESCRIPTION: PROJECT DESCRIPTION: Ruiz Takeout Restaurant Eslettte Ruiz John A. Grant, III North Federal Highway at N.E. 4th Avenue, Southwest corner (445 North Federal Highway) Lot 1, less 35 feet of State Road right-of-way and all of Lot 2 Block 5, Robert Addition to Town of Boynton, as shown on Plat Book 1, Page 51 of the public records of Palm Beach County. Request for approval for park- ing lot construction and land- scaping Mr. John Grant, III of 3333 Federal Highway, Boca Raton, made the presentation. He explained that this is an existing two-story building for which some City approval was given four to five years ago. Ms. Ruiz did what she could, but ran out of funds and the building has not been occupied. She is now ready to go forward and needs to put in the parking lot and landscaping. He pointed out that part of the problem with the parking lot is the City's dimension requirements. After adding all the dimensions for the parking lot and the landscaping, the smallest dimension they get is 51'. They have only 50'. They are in the process of going through the City for a I' variance on the landscape requirement deletion on the south property line. The adja- cent property is similar in that it has a parking lot and a landscape buffer so the two buffers will be side by side. The sum of the two buffers is more than the minimum required. There is a total of 4 1/2' planting strip. In this area is a chain link fence, a hedge and sod. -4- MINUTES - COMMUNITY APPEARANCE BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1991 The applicant would put in 2' of sod. The plan currently shows a palm hedge, but with both hedges together, it is aesthetically unappealing. They are proposing to sod instead of hedging. The City is now considering this. The applicant would irrigate both areas. The only hedge to be eliminated will be the one on the south side. Vice Chairman Davis asked about the status of the variance and Mike Haag informed the Board that the Downtown Review Board did approve the variance on Tuesday night: however, according to code, this hedge must be planted somewhere else on the site. Mr. Haag will review the appeal, but has not as yet received the minutes and does not have the status. He feels that it is possible that they have allowed him to omit the landscape. Mr. Grant stated that his client is prepared to meet all requirements. Arthur Berman questioned whether or not Mr. Grant was aware of the many staff comments. Mr. Grant was aware of all of the comments.' Eleanor Shuman questioned the paint color of the b~ilding. The building is already painted "Silver Sword" with "Coral" trim in accordance with the approved site plan. A dumpster will have to be installed and will be painted the same "Silver Sword" with "Coral" trim. Jean Sheridan stated that according to Staff Comment #10, the applicant was Jrequired to submit a manufacturer's color chart showing all exterior colors to the Board. Mr. Haag stated that only the sign and the dumpster colors had to be submitted because they are new additions. The other colors are existing colors. The sign will be white with green let- tering and will be posted on the building. Mr. Haag agreed that the sign colors are acceptable. Dean Fleming moved to approve the request with staff com- ments which was seconded by Arthur Berman. The motion carried 7-0. OTHER BUSINESS Discussion of the third revised draft of the landscape code. Mike Haag informed the Board that all suggestions made have been incorporated in the copy. Dale Mitchell stated that the landscape code will make the Board's job much easier. -5- ~..../-'~ MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, PINELAND PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 8, 1988 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Raymond Eney Janice Lewis George Mearns Henrietta Solomon Ben Uleck Thomas C. Newton, Alternate (Voted) James Miriana, Alternate Alfred Newbold, Chief ~lans Check Inspector ABSENT Lillian Artis, Vice Chairwoman '. (Excused) Chairman Thompson called the meeting to order at 7:02 P. M., introduced the Members of the Board, and Mr. Newbold. Mr. Newbold introduced Mr. Warren DeLoach from the Building Department and stated that he would be sitting in for Mr. Newbold when Mr. Newbold was on vacation. .;. Chairman Thompson announced that there was one case before the Board tonight, and he read the six criteria upon which the Members base their judgments. He also informed the . audience that this was not a majority Board. Any five votes' could pass the request, and three negative votes could deny' the request. " Chairman Thompson also referred to a memorandum written by City Attorney Rea dated July 28, 1988 written to clarify whether or not a matter can be continued to another date. Mr. Rea stated that the Board does have a right to continue a matter to another date as long as it is specific in its motion as to the date the matter will be continued. The Board is required to resolve the matter in a reasonable period of time and that reasonable time can vary with the circumstances. MINUTES OF JULY 11, 1988 Mr. Newbold wished to have the minutes corrected as follows: Page 11, paragraph 4, line 3, change "tomorrown" to read IItomorrow.1I Page 12, paragraph 1, line 11, delete lIin now", change IIcome" to "receive", and change "eightll to IIfive." - 1 - .__.~:-. -- - ------ ~ ~1-..,.. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ... Page 13, paragraph 4, line 10, should read: "...would do, if Mr. Newbold became the new owner: and the City would not be able to deny him the right to enclose it in solid block if he did not like the glass." Mr. Newton moved to approve the minutes-with corrections. Motion was seconded by Mrs. Solomon and carried 7-0. ANNOUNCEMENTS Chairman Thompson thanked the Board for electing him Chairman for another year. COMMUNI CAT IONS None. ^ l' .. ' ,~' " , , I ") .OLD BUSINESS None. , NEW BUSINESS Case #129 - Owner/Agent: Request: 445 North Federal Highway Eslett Ruiz Relief from Appendix A - Zoning, H. provision Off-Street Parking Spaces (number of spaces required from 9 to 5) of Proposed Use: Takeout and Catering Lunch Business with two rental apartments above Legal Description: Lot 1, less East 35 feet and all of Lot 2, ROBERT ADDITION TO TOWN OF BOYNTON recorded in Plat Book 1, Page 51, Palm Beach County Records Secretary Mearns read the application, the response to ques- tion 5, a through f, and the letter from City Attorney Rea, dated January 29, 1988 to Attorney Sylvan B. Burdick. Mr. Newbold stated that City Attorney Rea's letter dated January 29th explained some of the problems associated with this request and the length of time involved. He was available to clear up any questions the Board might have. Eslett Ruiz, 7486 Coconut Drive, Lake Worth, FL 33467-6422, stated that she bought the building in November, 1985 after checking with the City about the zoning in that area. She also had her attorney check into the matter and they were told what they could and could not do with the property. - 2 - . MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ... She then bought the building and start~d remodeling it. Due to the new landscaping requirements, Ms. Ruiz has been told that she does not have adequate parking space to open her business. She has had numerous meetings with City Manager Cheney and his staff with no results to date. Her attorney received City Attorney Rea's letter dated January 29th which suggested that she could either tear down the back portion of the building or come in with a request for a variance for the parking requirement. Ms. Ruiz stated that she has a large piece of property behind her building, but due to the new landscape require- ments for the Central Business District, only 5 parking spa- ces could be provided on that property. It has peen three. years. sinc~.~he bought the property and she has not been able to do anything:with it although she has been paying -taxes, insurance and the mortgage payments during that time. She had an opportunity to buy other property but felt that this piece of property was a proper piece for her business. She did not feel that 9 parking spaces were needed as she plans to have a takeout and catering business. People would simply come in, pick up their food, and leave. . ; Mr. Newbold stated that he had done extensive research on ".. this property with the assistance of the City Clerk's O~fice. He felt that Ms. Ruiz was a victim of the . Redevelopment area. She bought the property during the time' the City was trying to come up with ideas of how the down- town area should progress. A moratorium was placed on a~l construction in that area. After a time the Central Business District was defined. Due to no fault of her own, Mrs. Ruiz has become a victim of the change. When she bought the property, she was told that she could develop it as she, had requested. Chairman Thompson asked if Mr. Newbold was saying that changes by Boynton Beach caused this property to be in question, and Mr. Newbold agreed. He stated that if Ms. Ruiz had opened her business at the time she bought it, there would have been no problem with the parkin~. Secretary Mearns asked if the 9 those necessary for the tenants the catering/takeout business. did. parking spaces included who live upstairs as well as Mr. Newbold stated that it Mr. Uleck stated that the redevelopment of downtown started before 1985. Mr. Newbold stated that he had papers with him that go all the way back to 1984 regarding the moratorium - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 and the redevelopment as well as the Central Business District. Chairman Thompson stated that the redevelopment of downtown was an issue back when he was a boy. Mr. Newbold stated that Ms. Ruiz had no idea what the future would bring when she bought the property. The City could only advise her as far on what was on the books at the time she inquired. Chairman Thompson was concerned about the other property in that area. Mr. Newbold explained that if those businesses keep their license current, they would not be coming in for variances. . He further explained that as long as a license is kept in effect, the business.~an change hands and still pperate. The license can simply be renewed each year. 'In answer to Chairman Thompson's question, Mr. Newbold stated that the Central Business District came into being in 1985 just before Mrs. Ruiz got her business. Mr. Eney was concerned about the statement in City Attorney Rea's letter regarding the possibility of structural damage in Ms. Ruiz' building. Mr. Newbold clarified for the Board that they should not be concerned with this statement. The only issue before them was in regard to the parking lot variance. When Ms. Ruiz applies for a permit or license, the Building Department will ensure that the building is sound. He further stated that the building is an old one and it looks good from the outside. \ Mr. Newbold stated that Ms. Ruiz had asked him just what type of business she could legally operate in her building. He was not able to answer her question due to the research which would have been needed to give her an answer. He pre- ferred to have her submit a request for a specific purpose and he could then address that issue. Mrs. Solomon clarified that at this time the Board is only considering the request for the parking variance and Chairman Thompson agreed. Ms. Ruiz again stated that she feLt that 5 parking spaces would be adequate for her building: She also had some space to the side which was currently being used for parking. The City preferred this not be used due to the safety hazard which would come from backing out into the street. There was some discussion regarding the landscape code. - 4 - -r--.... .. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988. "' Mrs. Lewis asked if the code had been changed after Ms. Ruiz bought the property. Mr. Newbold stated that at the time Ms. Ruiz decided to buy the property, the City advised her according to the laws in force at that time. By the time she had closed on the property the Central Business District was in effect. As no one wished to SPEAK IN FAVOR OF the variance, Chairman Thompson asked if anyone wished to speak AGAINST the variance. Lou Samyn, 147 S.W. 25th Avenue, stated that he owns a busi- ness across from Ms. Ruiz' building. He wished to go on record as ~t~ting that when the fish market was in business at that location, traffic was a real problem. He wanted to be sure that there would be no problem with the parking if "the variance ,is granted. Chairman Thompson stated that the Board cannot promise that. They consider a request on the 6 criteria he presented earlier. Any violations which might corne up would be enforced by the Police Department, the Codes Enforcement or other Building Department personnel. ..,. ' Mrs. Lewis noted that she remembered the fish market at that...... location and she also recalled that they had many trucks and numerous employees. There had been a traffic problem with that business, but she felt that Ms. Ruiz' business would not create those type traffic problems. As no one else wished to speak FOR or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Chairman Thompson stated that he wanted to be sure all questions had been answered so that a decision could be made on this request at this meeting. He did not feel that the building should have to be torn down and he felt it was pre- sentable at least from the outside. He also recognized that the City has a very strict beautification program. The City has been criticized by some for being so strict. Mr. Eney felt that a time limit should be set to limit the request to a specified time. He was concerned that a FOR SALE/FOR RENT sign was on the bui~ding. Mr. Uleck was concerned about the number of spaces due to the two apartments upstairs as well as the business. Chairman Thompson stated that was not the concern at this time. The City has said that 9 spaces are required. It is up to the Board to decide whether to grant the variance as requested. - 5 - \ ~ .. '} \ \ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ... There was further discussion regarding, the parking regula- tions as they relate to various businesses. Mrs. Lewis stated that she would be in favor of granting the request due to the hardship placed by the City and the new landscape requirements. This has caused a problem as Ms. Ruiz was ready to buy the property when the rules were changed, and she was not aware of the changes. Mr. Newton was in favor of granting the request based on the hardship. Mrs. Solomon moved to grant the variance for the 4 parking spaces submitted by Ms. Ruiz. Mr. Newton seconded the motiop and ,Q....roll call vote was taken by the Recording Secretary as follow(: Mr. Eney Mrs. Lewis Secretary Mearns Mrs. Solomon Chairman Thompson - Mr. Uleck Mr. Newton Aye Aye Aye Aye Aye Nay Aye Motion carried 6-1. Chairman Thompson noted that the Board had voted to grant the variance only. All permits and licenses must be requested through the Building Department. PENDING REQUEST FOR FUTURE MEETING - SEPTEMBER 12, 1988 Mr. Newbold stated that there was a possibility of one case to come before the Board next month. It was not definite at this time. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:15 P. M. @~~ Peggy Cressman Recording Secretary (Two Tapes) - 6 - ..,." - --- -'-'..; ~ _ ...-. ..;..:... .': ~ ~, -T-----,-,-- :-;:":"hj_"'~_l~\..: ,'"". "-.:! r. i~ J-, ,"-'-, ":,,,:,",~, :: \-1.ft. :. 1... 90 :I: * "',* :I: :I: PROPERT'; ACDESS:: N~oJ 1 S T -,:,::,--:,::-:::'-: :*" :i; * 'J::. * 1::': ? R D 1= ~ :=~ '~' .; ;:' \..J n 2: }=.: -,': :i: ~ ~ ~ . G i~ 1 3 1 :31 :.:1.UIZ, CRU: ':~ 7486 COCC:WT LAKE wCRiI-! "...,. ~ ,.. ~............ 1:.;:J L 1:.. ~ .L CEI'lE CASE ~ 90-20000653 j .} ~ GERARD GILLES BOYNTON BEACH CODE OF QRDINANCES, SECTION 13-6, "OCCUPATIONAL LICENSE". NO RENTAL LICENSE FOR THE AEOVE PROPERTY. FREVIOUS COURTESY L2TTEE SENT 3/20/90 WITH APPLICATION. PLEASE COMFLY WITH CITY CODES. THANK YOU. CC: TENANT 2131 N.W. 1ST ST. BOYNTON BEACH, FL. 33435 ORIGINAL VIOLATION DATE 4/3/90 BY GG. 4/20/90 VIO, S/E PER GG 4/24/90 - MAY HEARING NOTICE TYPED CERTIFIED MAIL. 5/8190 - REINSPECTION VIOLATION STILL EXISTS. 5/11/90 - NO SERVICE AS OF THIS DATE. S/16-90-SERVICE OBTAINED LATE IN AFTERNOON. BOARD TABLED FOR JUNE HEARING S/IB/90-JUNE HEARING NOTICE TYPED CERTIFIED. VIO S/E AS PER GG G/G/90-VIOLATION S/E AS PER GG 6/1Z/90-HANDCARRIED SERVICE OBTAINED BY GG 6/Z0/90-JUNE BOARD HEARING: MUST COMPLY 8Y 7/20/90-0R $1S0./PER DAY 7/Z0/90 VIOLATION S/E PER GG. 7/31/90 - CLAIM OF LIEN SENT TO CITY CLERK FOR RECORDING. 8/1/90 - CERT LTR RET BY POST OFFICE - UNCLAIMED. 9/4/90 VIOLATION SIE PER GG. 9/12/90 - LIEN BILLING $8,217.00 THRU 9/12/90. 9/13/90 COMPLIED PER O/L~ HOWEVER LIEN HAS NOT BEEN PAID. I1/1S/90-LIEN RED.HRG NOTICE SENT HAND CARRY BY GG; SERVICE OBTAINED -11- MINUTES - CODES ENFORCEMENT BOARD BOYNTON BEACH, FLORIDA JUNE 20, 1990 obtain an occupational license. He wanted time to have architectural plan drawn up, as they plan to renovate building. They also need time to have the work done. was Attorney Cherof's understanding that the City w s not prepared to stipulate to any additional time for e per- mitting aspect_unless the property owner was pr ared to stipulate that all activity on the property fo conducting the business would be abated at this time. advised the ~ Board should hear these cases. (See pages through 15 of these minutes for the continuation of the e cases.) Case #90-1128 Gavin Shields 245 S. W. 8th Boynton Beac , FL 33435 245 S. W. h Avenue Model Co tywide Administrative Code, Secs. 1 3.1.1, 103.7.2, 103.8.1 Property Address: Violation: Mr. Blasie asked Mr. Shie s if he would agree the viola- tions the City cited hi for were correct. Mr. Shields answered that he was a are of them, and he has not driven one nail since recei ng the notice from the Code Enforce- ment Board. He te ified he is trying to build a playhouse for his daughters Mr. Shields elaborated about what the Building Depart ent wants him to do. Mr. Blasie replied if Mr. Shields w' 1 go to his office, he will see that Mr. Shields's headed in the right direction. There was discussion about how much time the Board should allow. Vice irman Matthews moved to accept the stipulation in Case 0-1128 as presented. If Mr. Shields does not comply wit n 45 days, he should be fined $100 a day until he is i compliance. Mr. Lambert seconded the motion, and the otion carried 6-0. OLD BUSINESS Case #90-683 Cruz and Eslett Ruiz 7486 Coconut Drive Lake Worth, FL 33461 2131 N. W. 1st Street Boynton Beach Code of Ordinances, Sec. 13-6 Property Address: Violation: Gerard Gilles, Code Enforcement Inspectorr testified he cited Mrs. Ruiz because she had no license for the house at 2131 N. W. 1st Street, which she rented to someone. He served the notice of hearing on Eslett Ruiz and entered -4- MINUTES - CODES ENFORCEMENT BOARD BOYNTON BEACH, FLORIDA JUNE 20, 1990 proof of service into evidence. By searching the tax records, Mr. Gilles determined Mrs. Ruiz was an owner of the property. Mr. Blasie asked whether Mrs. Ruiz was aware of the viola- t ion. When he -served the not ice, Mr. Gi lIes was informed by Mrs. Ruiz that she would take care of the violation. As of this morning, she had not applied for a license. Mr. Gilles informed Chairman Mulroy that Mrs. Ruiz told him she was going to sell her house, but he had explained to her a license was needed. Mr. Lambert moved that Case #90-683 was in violation of Code Sec. 13-6~ that the owner was provided with notice, and the violation should be corrected by July 20, 1990. If the violation exists after that date, they should be fined $150 a day until there is compliance. Vice Chairman Matthews seconded the motion, and the motion carried 6-0. Property ddress: Violation: Letizia E. Camardel1a 142 S. W. 14th Avenue Boynton Beach, FL 33435 142 S. W. 14th Avenue Boynton Beach Code of Ordinances, Sees. 10-2 and 10-3 Mr. Blasie notice he violator in this case left the meeting. He apprise the Members that Ms. Camardel1a is going to go through the ien appeal process that was. approved by the City Comm sion last night (June 17, 1990) on second reading. Attorne erof advised no action was required on this, as it will c e before the Board again when the violator files an applic ion pursuant to the Ordinance. Case #90-181 Citicorp Savings 0 Fla. 5802 Breckenridge Dr. 200 Tampa, FL 33610 3250 East Atlantic Drive Countywide Amendment to Stan Building Code, Sees. 103.1.1, 103.5, 103. 7, 103. 7.2 Property Address: Violation: This case complied. -5- II ~ i: . f I 1. ,... MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Motion carried 5-0. Commissioner DeLong Commissioner Weiner Mayor Moore 21. Proposed Ordinance No. 090-78 Re: Comprehensive Plan Amendment Element, Policy 1.16.1 City Attorney Josias read proposed caption only: "AN ORDINANCE OF THE CITY COMMI ION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDI ORDINANCE NO. 89-38 OF SAID CITY BY AMENDING THE FUT LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CI Y BY ALLOWING ADULT ENTERTAINMENT ESTABLISHMENT WITHIN THE INDUSTRIAL LAND USE CATEGORY~ PROVIDING F A CONFLICTS CLAUSE: PROVIDING FOR SEVERABILITY: PROVID G AUTHORITY FOR CODIFICATION~ AND PROVIDING AN EFFECT E DATE." Mayor Moore asked if the As there was no respon HEARING WAS CLOSED. was any input from the public. audience, THE PUBLIC Vice Mayor Wische m ved to approve proposed Ordinance No. 090-78 on second d final reading. Commissioner DeLong seconded the mot' n and a roll call vote was taken by Peggy White Boulle, Duty Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Nay Aye Aye 4-1. Moore expressed appreciation to Planning Director CU 0 for guiding the Commission through a difficult s'tuation. , .l\DMINISTRATIVE The Commission chose to jump ahead on the Agenda to this item. F. Lien Reduction Hearing Cruz & Es1ett Ruiz - Case No. 90-20000683 35 1 ~ f Ii t MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 Staff recommended this lien be reduced to administrative costs of $826.18. Commissioner Weiner moved to grant the reduction to admi- nistrative costs. Vice Mayor Wische seconded the motion which carried 5-0. - 1st Reading roposed Ordinance No. 090-79 R Community Relations Board City A torney Josias read proposed Ordinance No. 090-79 by caption "AN ORD OF THE CITY COMMISSION OF THE CITY OF BOYNTON ACH, FLORIDA, REPEALING RESOLUTIONS NO. 63-FF, 77-SS, 78- I, 83-FF, 85-N, 90-KKKK AND R90-190 IN THEIR ENTIRETY IN ORDER TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOYNTON ACH COMMUNITY RELATIONS BOARD: PROVIDING FOR THE BOARD COMPOSITION, TERMS, THE FILLING OF VACANCIES, RAT ICATION OF SELECTIONS BY THE CITY COMMISSION, DIRE T REAPPOINTMENTS, AND THE POWERS, DUTIES, AUTHORITY, AND FUNCTIONS: PROVIDING A CONFLICTS CLAUSE: PROVIDING R SEVERABILITY: PROVIDING AUTHORITY TO CODIFY: AND FOR A EFFECTIVE DATE." Commissioner Weiner moved to adopt proposed Ordinance No. 090-79. Vice Mayor Wische econded the motion and a roll call vote was taken by Peggy White Boul1e, Deputy Clerk as follows: Motion carried 5-0. Commissioner Commissioner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye 2. Proposed Ordinance No. 090-80 Re: Referendum - Clarifying Sections 17 City Charter pertaining to term of appoin following a vacancy City Attorney Josias read proposed Ordinance caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY BOYNTON BfrACH, FLORIDA, PROPOSING THAT A REFERENDU ELECTION BE HELD TO AMEND SECTION 51 36 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ~ Page 13, paragraph 4, line 10, should read: .....would do, if Mr. Newbold became the new owner: and the City would not be able to deny him the right to enclose it in solid block if he did not like the glass." Mr. Newton moved to approve the minutes.with corrections. Motion was seconded by Mrs. Solomon and carried 7-0. ANNOUNCEMENTS Chairman Thompson thanked the Board for electing him Chairman for another year. COMMUNICATIONS ; '-"'. None. .OLD BUSINESS None. . NEW BUSINESS Case #129 - Owner/Agent: Request: 445 North Federal Highway Eslett Ruiz Relief from Appendix A - Zoning, H. provision Off-Street Parking Spaces (number of spaces required from 9 to 5) . , of proposed Use: Takeout and Catering Lunch Business with two rental apartments above Legal Description: Lot I, less East 35 feet and all of Lot 2, ROBERT ADDITION TO TOWN OF BOYNTON recorded in Plat Book I, Page 51, Palm Beach County Records Secretary Mearns read the application, the response to ques- tion 5, a through f, and the letter from City Attorney Rea, dated January 29, 1988 to Attorney Sylvan B. Burdick. , Mr. Newbold stated that City Attorney Rea's letter dated January 29th explained some of the problems associated with this request and the length of time involved. He was available to clear up any questions the Board might have. Eslett Ruiz, 7486 Coconut Drive, Lake Worth, FL 33467-6422, stated that she bought the building in November, 1985 after checking with the City about the zoning in that area. She also had her attorney check into the matter and they were told what they could and' could not do wi th the property. - 2 - \. /'" . . ,,- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 She then bought the building and start~d remodeling it. Due to the new landscaping requirements, Ms. Ruiz has been told that she does not have adequate parking space to open her business. She has had numerous meetings with City Manager Cheney and his staff with no results to date. Her attorney received City Attorney Rea's letter dated January 29th which suggested that she could either tear down the back portion of the building or come in with a request for a variance for the parking requirement. Ms. Ruiz stated that she has a large piece of property behind her building, but due to the new landscape require- ments for the Central Business District, only 5 parking spa- ces could be provided on that property. It has peen three. years. sinc~.~he bought the property and she has not been able to do anything:with it altrrough she has been paying -taxes, insurance and the mortgage payments during that time. She had an opportunity to buy other property but felt that this piece of property was a proper piece for her business. She did not feel that 9 parking spaces were needed as she plans to have a takeout and catering business. People would simply come in, pick up their food, and leave. Mr. Newbold stated that he had done extensive research on this property with the assistance of the City Clerk's O,ffice. He felt that Ms. Ruiz was a victim of the . Redevelopment area. She bought the property during the time' the City was trying to come up with ideas of how the down- town area should progress. A moratorium was placed on a~l construction in that area. After a time the Central Business District was defined. Due to no fault of her own, Mrs. Ruiz has become a victim of the change. When she bought the property, she was told that she could develop it as she. had requested. . ~: . .... .... .' Chairman Thompson asked if Mr. Newbold was saying that changes by Boynton Beach caused this property to be in. question, and Mr. Newbold agreed. He stated that if Ms. Ruiz had opened her business at the time she bought it, there would have been no problem with the parkin~. Secretary Mearns asked if the 9 those necessary for the tenants the catering/takeout business. did. parking spaces included ~no live upstairs as well as Mr. Newbold stated that it , Mr. Uleck stated that the redevelopment of downtown started before 1985. Mr. Newbold stated that he had papers with him that go all the way back to 1984 regarding the moratorium - 3 - "_.-".~-'".__._-_._--_._----'-------~.- '\ /7L '-/-~- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ~ and the redevelopment as well as the Central Business District. Chairman Thompson stated that the redevelopment of downtown was an issue back when he was a boy. Mr. Newbold stated that Ms. Ruiz had no idea what the future would bring when she bought the property. The City could only advise her as far on what was on the books at the time she inquired. Chairman Thompson was concerned about the other property in that area. Mr. Newbold explained that if those businesses keep their license current, they would not be coming in for variances. ' He further explained that as long as a license is kept in 'effect, the business.~an change hands and still pperate. The license can simply be renewed each year. 'In answer to Chairman Thompson's question, Mr. Newbold stated that the Central Business District came into being in 1985 just before Mrs. Ruiz got her business. Mr. Eney was concerned about the statement in City Attorney Rea's letter regarding the possibility of structural damage ,. in Ms. Ruiz' building. Mr. Newbold clarified for the Board, that they should not be concerned with this statement. The only issue before them was in regard to the parking lot variance. When Ms. Ruiz applies for a permit or license, the Building Department will ensure that the building is sound. He further stated that the building is an old one and it looks good from the outside. > Mr. Newbold stated that Ms. Ruiz had asked him just what type of business she could legally operate in her building. He was not able to answer her question due to the research which would have been needed to give her an answer. He pre- ferred to have her submit a request for a specific purpose and he could then address that issue. Mrs. Solomon clarified that at this time the Board is only considering the request for the parking variance and Chairman Thompson agreed. , Ms. Ruiz again stated that she feLt that 5 parking spaces would be adequate for her building: She also had some space to the side which was currently being used for parking. The City preferred this not be used due to the safety hazard which would come from backing out into the street. There was some discussion regarding the landscape code. - 4 - ,. 4L'-~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988. ... Mrs. Lewis asked if the code had been changed after Ms. Ruiz bought the property. Mr. Newbold stated that at the time Ms. Ruiz decided to buy the property, the City advised her according to the laws in force at that time. By the time she had closed on the property the Central Business District was in effect. As no one wished to SPEAK IN FAVOR OF the variance, Chairman Thompson asked if anyone wished to speak AGAINST the variance. Lou Samyn, 147 S.W. 25th Avenue, stated that he owns a busi- ness across from Ms. Ruiz' building. He wished to go on record as ~t~ting that when the fish market was in business at that location, traffic was a real problem. He wanted to 'be sure that there would be no problem with the parking if "the variance ,is granted. Chairman Thompson stated that the Board cannot promise that. They consider a request on the 6 criteria he presented earlier. Any violations which might come up would be enforced by the Police Department, the Codes Enforcement or other Building Department personnel. Mrs. Lewis noted that she remembered the fish market at that::.';' location and she also recalled ~hat they had many trucks and numerous employees. There had been a traffic problem with . that business, but she felt that Ms. Ruiz' business would not create those type traffic problems. As no one else wished to speak FOR or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Chairman Thompson stated that he wanted to be sure all questions had been answered so that a decision could be made on this request at this meeting. He did not feel that the building should have to be torn down and he felt it was pre- sentable at least from the outside. He also recognized that the City has a very strict beautification program. The City has been criticized by some for being so strict. Mr. Eney felt that a time limit should be set to limit the request to a specified time. He was concerned that a FOR SALE/FOR RENT sign was on the bui~ding. f Mr. Uleck was concerned about the number of spaces due to the two apartments upstairs as well as the business. Chairman Thompson stated that was not the concern at this time. The City has said that 9 spaces are required. It is up to the Board to decide whether to grant the variance as requested. . - 5 - ----- MINUTES - CODES ENFORCEMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 0 Respondent in violation of Code Sec. 7.5-35(B). that the Respondent correct the violation on or January 20, 1991. If the Respondent does not c mply with this Order, a fine of $100 will be imposed fo each day the violation continues past January 20, 1991. e Respondent is further ordered to contact the City of oynton Beach Code Enforcement Division to arrange for rein .ection of the property to verify compliance with this Order. Mr. Blanchette seconded the motion, and t motion carried 6-0. OTHER BUSINESS (1) Advertising Case #90-1265 Property Address: Violation: Andre 925 eenbriar Drive Boy ton Beach, FL 33435 8 S. E. 4th Streeet ountywide Amendment to Standard Building Code, 1985, Sees. 103.2, 103.6, 103.8.6. 2.104.2, 3.301.2 Mr. Blasie told he Members how the City has attempted to obtain service 1n this case. Mr. Lambert moved to authorize the City to advertise Case #90-1265. Vice Chairman Matthews seconded the motion, and the moti n carried 6-0. City ttorney Cherof advised Mr. Lambert that technically, the oard does not need to authorize advertising. In the f ure, these types of cases can be handled by the admini- tration, which would expedite it. (2) Lien Appeal Case #90-683 Property Address: Violation: Violation: Cruz and Eslett Ruiz 7486 Coconut Drive Lake Worth, FL 33461 2131 N. W. 1st Street Boynton Beach Code of Ordinances, Sec. 13-6 "Occupational License" No rental license for the above property _ Lien billing $8,217 thru 9/12/90 Mr. Blasie reminded the Members they had heard this case. Chairman Mulroy announced this lien appeal would be going to the City Commission. -5- MINUTES - CODES ENFORCEMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1990 Eslett Ruiz was sworn in by City Attorney Cherof and testi- fied a lien had been placed against her property. She further testified that (1) She did not know the lien was there. (2) She did not get any of the letters that were supposed to have been sent to her except one that was delivered to her home on June 12, 1990. The letter told her she had no rental license, and there would be a hearing. (3) The reason there was not a rental license on the prop- erty was because she has a contract for sale with the people living there. The property was supposed to be sold a year ago. Mrs. Ruiz was informed by her Attorney that a judgment was recorded in July against her property. She received a copy of the judgment and went to Code Enforcement, where she was informed she would have to get a license. She got the license that very day and was told she would have to file an appeal, which she did. Gerard Gilles, Code and License Inspector, testified that he gave Mrs. Ruiz a letter on May 16, 1990. Mr. Blasie informed Mrs. Ruiz the City's records showed she received service twice. Mr. Gilles advised the second date of ser- vice was on June 12, 1990. Mr. Blasie believed the May notice of hearing, dated in April and sent by certified mail, was also signed for. Everything the City sent out went to the Coconut Drive address, where Mrs. Ruiz confirmed she lives. Mr. Blasie informed Chairman Mulroy the only corres- pondence the City did not get service on was a certified letter returned by the post office, "unclaimed", on the 1st of August, 1990. City Attorney Cherof asked Mrs. Ruiz to identify the signa- tures shown on the return receipts. One was signed by her daughter, Elisha, age 14, and the other was signed by her son, Antonio, 19 years of age. Ms. Haberman questioned whether 19 years of age was acceptable service. Mrs. Ruiz expounded about children, .including 19 years olds, not being responsible. City Attorney Cherof advised the Statute and the city's Ordinance provide that delivery to somebody over the age of 15 is considered valid service. Mrs. Ruiz produced a copy of the contract for sale. In response to a question asked by Mr. Blanchette, City Attorney Cherof advised that the contract was a straight contract for purchase. There was no reference to rental with an option to purchase. Mrs. Ruiz could still rent the property. There was a requirement that if the contract -6- . - MINUTES - CODES ENFORCEMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1990 closed, she would have to convey title to the property. City Attorney Cherof said Mrs. Ruiz may not be able to con- vey possession of the property if someone other than who is buying the property would be renting it. It is still a rental. There were comments by Chairman Mulroy and Mrs. Ruiz regard- ing other properties in the City owned by Mrs. Ruiz and occupational licenses. Ms. Haberman asked whether Mrs. Ruiz had ever been before the Board for other violations. Mrs. Ru iz answered, "No." Chairman Mulroy asked Mrs. Ruiz what kind of reduction she was asking for. It was noted she had paid $200. Mrs. Ruiz preferred not to pay anything. She alluded to her children not giving her mail, phone calls, and messages. Discussion ensued about the cost of an occupational license, the fine, the length of time occupational licenses have been in effect, how citizens become aware they should have occupational licenses for rental units, and whether Mrs. Ruiz was aware she should have had a license. Motion Mr. Lambert moved that in case #90-683 the fine be reduced to the administrative costs of $826.18. Vice Chairman Matthews seconded the motion. Ms. Haberman thought the fine should be higher. Vice Chairman Matthews felt if Mrs. Ruiz had received notice, she should have obtained a license. He referred to the cost of a license, the lien amount, and the amount shown in the motion and stated he thought the motion was reasonable. Mr. Blanchette thought the $826.18 was too much because this is a relatively new Ordinance, and many people still do not know about it. Vice Chairman Matthews thought $826.18 was far less than $8,217 and was reasonable. Mrs. Ruiz commented it was "much, too much." A vote was taken on the motion, and the motion carried 4-2. Mr. Blanchette and Ms. Haberman voted against the motion. City Attorney Cherof explained to Mrs. Ru~z what had occurred, and he told her the City Commission would hear her appeal. Mrs. Ruiz questioned whether the $826.18 included the $200 she had already paid. City Attorney Cherof answered it did not. Mrs. Ruiz protested, stating she did -7- MINUTES - CODES ENFORCEMENT BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1990 not have that kind of money to pay. City Attorney Cheraf replied that she could ask the City Commission to reduce the amount further. Mrs. Ruiz was informed she would receive a notice as to when she should appear before the City Commission. Foreclosure Patrick G. & I. A. McIntosh 2551 N. E. 1st Lane Boynton Beach, FL 33435 2721 N. W. 2nd Street Boynton Beach Code of Ordinances, Sec. 13-6 Motion In view of the un aid lien filed in Case #90-886, Mr. Lambert moved to authorize he Boynton Beach City Attorney's Office to foreclose on the ien. Vice Chairman Matthews seconded the motion. Mr. Blanchette felt the ien amount of $16,037.61 was excessive for a small lic nse fee of $17. Chairman Mulroy explained that if people d not comply, the fines keep multiplying. Mr. Whyte won red if it was possible to notify people there is such a license. Mr. Lambert pointed out $17 had nothing to do with' 't. He alluded to fire and safety hazards. Mr. Jaeger explained the process t Mr. Whyte, and said this was instituted three years ago. He old how notices have been sent out to people. There was f rther discussion about how many notices are sent to people, n . -compliance, and the amounts people must spend to bring their\properties into compliance. Mr. Blanchette felt the prob~m was in how much money people must spend to upgrade their bUildings. In thl.'S case, Mr. Jaeger recalled the tenan~comPlained, and there were serious safety violations on c~~ site. This case was also cited for lack of a license. ~~ , The Recording Secretary repeated the motion. A vo~was taken on the mot ion. The motion carried 4-2. Mr.' B an~he.tte and Mr. Whyte voted against the motion. If the Board did not foreclose on the case, City Attorn~x Cherof advised the lien would continue to accrue. The ne~ , -8- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 " Page 13, paragraph 4, line 10, should read: "...would do, if Mr. Newbold became the new owner; and the City would not be able to deny him the right to enclose it in solid block if he did not like the glass." Mr. Newton moved to approve the minutes.with corrections. Motion was seconded by Mrs. Solomon and carried 7-0. ANNOUNCEMENTS Chairman Thompson thanked the Board for electing him Chairman for another year. COMMUNICATIONS ; , .. None. .OLD BUSINESS None. , NEW BUSINESS Case #129 - Owner/Agent: Request: 445 North Federal Highway Eslett Ruiz Relief from Appendix A - Zoning, H. provision of Off-Street Parking Spaces (number of spaces' required from 9 to 5) Proposed Use: Takeout and Catering Lunch Business with two rental apartments above Legal Description: Lot 1, less East 35 feet and all of Lot 2, ROBERT ADDITION TO TOWN OF BOYNTON recorded in Plat Book 1, Page 51, Palm Beach County Records Secretary Mearns read the application, the response to ques- tion 5, a through f, and the letter from City Attorney Rea, dated January 29, 1988 to Attorney Sylvan B. Burdick. Mr. Newbold stated that City Attorney Rea's letter dated January 29th explained some of the problems associated with this request and the length of time involved. He was available to clear up any questions the Board might have. , Es1ett Ruiz, 7486 Coconut Drive, Lake Worth, FL 33467-6422, stated that she bought the building in November, 1985 after checking with the City about the zoning in that area. She also had her attorney check into the matter and they were told what they could and could not do with the property. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ... She then bought the building and start~d remodeling it. Due to the new landscaping requirements, Ms. Ruiz has been told that she does not have adequate parking space to open her business. She has had numerous meetings with City Manager Cheney and his staff with no results to date. Her attorney received city Attorney Rea's letter dated January 29th which suggested that she could either tear down the back portion of the building or come in with a request for a variance for the parking requirement. Ms. Ruiz stated that she has a large piece of property behind her building, but due to the new landscape require- ments for the Central Business District, only 5 parking spa- ces could be provided on that property. It has peen three. years. sinc~.~he bought the property and she has not been able to do anything:with it although she has been paying -taxes, insurance and the mortgage payments during that time. She had an opportunity to buy other property but felt that this piece of property was a proper piece for her business. She did not feel that 9 parking spaces were needed as she plans to have a takeout and catering business. People would simply come in, pick up their food, and leave. . ). Mr. Newbold stated that he had done extensive research on ~ .~ this property with the assistance of the City Clerk's O~fice. He felt that Ms. Ruiz was a victim of the . Redevelopment area. She bought the property during the time' the City was trying to come up with ideas of how the down- town area should progress. A moratorium was placed on a~l construction in that area. After a time the Central Business District was defined. Due to no fault of her own, Mrs. Ruiz has become a victim of the change. When she bought the property, she was told that she could develop it as she. had requested. Chairman Thompson asked if Mr. Newbold was saying that changes by Boynton Beach caused this property to be in question, and Mr. Newbold agreed. He stated that if Ms. Ruiz had opened her business at the time she bought it, there would have been no problem with the parkin~. Secretary Mearns asked if the 9 those necessary for the tenants the catering/takeout business. did. parking spaces included wno live upstairs as well as Mr. Newbold stated that it f Mr. Uleck stated that the redevelopment of downtown started before 1985. Mr. Newbold stated that he had papers with him that go all the way back to 1984 regarding the moratorium - 3 - ~ ~..L ....,c~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988 ... and the redevelopment as well as the Central Business District. Chairman Thompson stated that the redevelopment of downtown was an issue back when he was a boy. Mr. Newbold stated that Ms. Ruiz had no idea what the future would bring when she bought the property. The City could only advise her as far on what was on the books at the time she inquired. Chairman Thompson was concerned about the other property in that area. Mr. Newbold explained that if those businesses keep their license current, they would not be coming in for variances., He further explained that as long as a license is kept in 'effect, the business.~an change hands and still pperate. The license can simply be renewed each year. 'In answer to Chairman Thompson's question, Mr. Newbold stated that the Central Business District came into being in 1985 just before Mrs. Ruiz got her business. Mr. Eney was concerned about the statement in City Attorney Rea's letter regarding the possibility of structural damage in Ms. Ruiz' building. Mr. Newbold clarified for the Board that they should not be concerned with this statement. The only issue before them was in regard to the parking lot variance. When Ms. Ruiz applies for a permit or license, the Building Department will ensure that the building is sound. He further stated that the building is an old one and it looks good from the outside. · Mr. Newbold stated that Ms. Ruiz had asked him just what type of business she could legally operate in her building. He was not able to answer her question due to the research which would have been needed to give her an answer. He pre- ferred to have her submit a request for a specific purpose and he could then address that issue. Mrs. Solomon clarified that at this time the Board is only considering the request for the parking variance and Chairman Thompson agreed. , Ms. Ruiz again stated that she feLt that 5 parking spaces would be adequate for her building: She also had some space to the side which was currently being used for parking. The City preferred this not be used due to the safety hazard which would come from backing out into the street. There was some discussion regarding the landscape code. - 4 - "\ ~L'-~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 8, 1988. , Mrs. Lewis asked if the code had been changed after Ms. Ruiz bought the property. Mr. Newbold stated that at the time Ms. Ruiz decided to buy the property, the City advised her according to the laws in force at that time. By the time she had closed on the property the Central Business District was in effect. As no one wished to SPEAK IN FAVOR OF the variance, Chairman Thompson asked if anyone wished to speak AGAINST the variance. Lou Samyn, 147 S.W. 25th Avenue, stated that he owns a busi- ness across from Ms. Ruiz' building. He wished to go on record as ~t~ting that when the fish market was in business at that location, traffic was a real problem. He wanted to 'be sure that.. there would be no problem with the parking if "the variance ,is granted. Chairman Thompson stated that the Board cannot promise that. They consider a request on the 6 criteria he presented earlier. Any violations which might come up would be enforced by the Police Department, the Codes Enforcement or other Building Department personnel. .; . Mrs. Lewis noted that she remembered the fish market at that:':" location and she also recalled that they had many trucKs and numerous employees. There had been a traffic problem with .' that business, but she felt that Ms. Ruiz' business would not create those type traffic problems. As no one else wished to speak FOR or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Chairman Thompson stated that he wanted to be sure all questions had been answered so that a decision could be made on this request at this meeting. He did not feel that the building should have to be torn down and he felt it was pre- sentable at least from the outside. He also recognized that the City has a very strict beautification program. The City has been criticized by some for being so strict. Mr. Eney felt that a time limit should be set to limit the request to a specified time. He was concerned that a FOR SALE/FOR RENT sign was on the building. f Mr. Uleck was concerned about the number of spaces due to the two apartments upstairs as well as the business. Chairman Thompson stated that was not the concern at this time. The City has said that 9 spaces are required. It is up to the Board to decide whether to grant the variance as requested. - 5 - -------------- -~- --~------_.,_.--- ---- --"...._--~_.,-_._--_.--~._..- 7Bl RUIZ CATERING LANDSCAPE APPEAL PLANNING DEPARTMENT MEMORANDUM NO. 91-127 TO: Chairman and Members Downtown Review Board (l;.J..J,--' ~ THRU: Christopher Cutro, A.I.C.P. Planning Director FROM: Tambri J. Heyden Senior Planner DATE: June 3, 1991 SUBJECT: Ruiz Catering - File No. 599 Appeal of Administrative Decision - landscape strip Attached you will find a copy of the application for an Appeal of Administrative Decision from the Boynton Beach Landscape Code. These requests are normally reviewed by the Community Appearance Board. However, within the Central Business District, the Code of Ordinances requires that these requests be approved by the Downtown Review Board (Article III, Section 7.5-58). During the 1988 review of the Gentile Commercial Building, the adjacent property to the south for which a landscape strip appeal was granted, it became apparent that this section of the code was overlooked when the original Downtown Review Board was disbanded. However, no change to the code was made due to the uncertainty of the outcome of Chapter 19 with respect to processing Central Business District site plans. Since Community Appearance Board review is currently enforced for Central Business District site plans, the Community Appearance Board should be reviewing requests for landscape appeals, as they are empowered to review landscaping in all areas of the City. The CBD landscape regulations require that perimeter landscape strips shall be at least three (3) feet wide (Section 7.5-57(1)a.1 of Article III). Elsewhere in the City, perimeter landscape strips are required to be two and one-half (2.5) feet wide where vehicular use areas abut adjacent properties. The applicant is requesting to be allowed to prOVide a two (2) foot wide landscape strip, since the property does not have sufficient width to accommodate both the landscaping and the forty-five foot wide pavement for parking and access required by Article X, Parking Lots. For an explanation of the code requirement, the nature of the appeal requested and the applicant's justification, please refer to the attached application. Staff recommends that the variance request be approved subject to /installation of grass and irrigation within the 2 foot landscape strip and deletion of the hedge proposed (shown on the landscape. plan submitted to the Community Appearance Board) within this strip,..... This recommendation is based on the following information: 1. Section 7.5-57(1)a.7 of the CBD Landscape Code allows perimeter landscape strips to be waived along a common property line where an approved landscape strip exists on the adjacent property and if additional plantings or amenities are installed in other suitable locations on the site. Section 7.S-57(1)a.8 allows perimeter screen hedge requirements to be waived along the common property line where abutting property owners provide shared parking spaces, shared public access or other shared public amenities. As indicated on the attached memorandum from Kevin Hallahan, Forester/Environmentalist, a perimeter screen hedge exists on the adjacent property to the south (Gentile Commercial Building) that was installed, along with a chain link fence, within a 2.5 foot landscape strip which was granted an appeal from the required 3 foot width. , PM No. 91-127 -2- June 3, 19~1 2. Despite the fact that "additional plantings or amenities in other suitable locations on site", as required by code, are not proposed, due to lack of open space, and that parking spaces, pUblic access or other public amenities are not shared with the abutting property owner, it is recommended that a two foot landscape strip with no perimeter hedge be allowed along the south property line. The reason for this is that the cumulative width of the landscape strips along the common property line will be 4.5 feet, within which a fence and hedge already exists, therefore making it senseless to require another hedge. 3. Installation of an irrigation line within the applicant's 2 foot landscape strip will help to alleviate the comment in Mr. Hallahan's memorandum regarding the stressed condition (due to inoperative irrigation) of the existing hedge on the Gentile parcel, in addition to providing water to the grass and tree proposed by the applicant. 4. The width of the property cannot accommodate both the required landscape strips and the minimum pavement width necessary for parking and access. The site plan proposed is a result of a refinement process between staff and the applicant to achieve, to the greatest extent possible, a safe, efficient and aesthetically pleasing parking lot design on this small site. ~ ~ ~~~. ~ Tambri J. ~en tjh Attachment A: RuizLaAp (j i ~ L1 ) Page 1 of 2 (APplicant fills out page 1 only) BOYNTON BEACH LANDSCAPE ORDINANCE APPEAL OF ADMINISTRATIVE DECISION TO: COMMUNITY APPEARANCE BOARD DATE: 7~;2 /9/ OWNER: Mrs. Eslette Ruiz petitions the Community Appearance Board to consider this appeal to the Administrative Decision concerning the Boynton Beach Landscape Ordinance as outlined below: 1. Property involved is described as follows: Lot(s}: Part of 1 All ot ~ Block: S Plat Book: described as Subdivision: Robert Addition to Town of Boynton J Page: ')1 , or otherwise follows: lot 1 less the East 35 feet of state road right-of-way and all of Lot 2, Block 5 Robert Addition to Town of (If legal description is too lengthy to fit on application~oynton please attach description to application). Property address: 445 N. Federal Hwy. 2. specify the section of the code that you are appealing: Section 7.5J/1) a 1 3. specify the action that you are requesting the Community Appearance Board to take: Allo'"" only i'l two (2) foot wide ~trir ~rlj~~pnt to a c.hain link fence that separates lot 2 f~nlU Tnt ':\ 4. Property owner's justification for his request: Since lot is only ~O' wirlp c.~nnot comply with 18' parking space 27' of tllrning .Qrp.Q ~nrl ? - l' l~nrl~c.C1p€" strips.CSt feet) 5. Name of the representative presenting the appeal to the Board: Phone: JOHN A. GRANT, JR.. INC. 1113 No. Federal Highway Rnr~ R~ton, F'T. 13431 (407) 714-1130 (John Grant III or Gar) Davis) Name (Print): Address: Date: ?/ ~--'-2ICf I Signature: INSTRUCTIONS 1) Three (3) copies of the pertinent documentation associated with the variance request must be submitted with this application. 2) Applications to appeal an administrative decision must be submitted prior to the Community Appearance Board deadline date and time. 3) A representative for the project shall present the appeal to the Community Appearance Board. 4) Appeal fee of $35.QO is due upon the submittal of the appeal application and pertinent documentation. APPEAL FEE: $35.00 DATE PAID RECEIPT It RECEIVERS INITIAL 3 RECREATION & PARK MEMORANDUM 191-213 FROM: Chris Cutro, Planning Director Kevin J. Hallahan, Forester/Environmentalist ~fI Ruiz Catering - Administrative Approval TO: RE: DATE: May 31, 1991 The existing cocoplum hedge and fence appear to adequately screen the properties where parking is proposed. The adjacent property owner should be notified by the Code Enforcement Department that the landscaping is not in satisfactory health from proper maintenance. If this is accomplished, an additional hedge, adjacent to the existing hedge would not be required. This would preclude having the variance by the applicant. CC: Scott Blaise, Code Enforcement Administrator KH:ad . RECElyr i:M) MAY 3 1 PlANNlNG DE-Pt. --- - II I~;_') 11(' . . 'r ,'r; I.,,, ..y,"I" -~.. ;x' ..:- . n,.oio: - . ~ 1It"".... ". .'t~ "0 ',. .", -i .fJ, ~;.....;...'.! . co . ~ ' ,-,- J ""'" -9' - ~ ~ ,- . ,_~.-",-" ....,~ '., ____ .~~. /. '0'. -l-' . ~ . '...E:l;,-L -" - _ ~.: \' . .0., I ..'" ~ o,::'..:'~.":~o"~ .- J. . .,-{, ,.J; -" . J <:. _........... I ~ ~Hi' .r · ': .. '~. o~ _ t - -" . c'::i '.-' ~ .., . . .. <' 4;." ~. ".......' '!" ~ ... 0" ! : , : . '. :.. <1#." ....:~... ~ .;.. ~ ,. · #~ -- \ ~-- -. ~ .~ ~~ '8 ~ <"~ -.; , , '" (II ,,:I ~ ~)WN ....9 "-: '~/iJM 1 ........... '. '. - . ,.. . 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'. . ....JoL.:~" ~ n:-:1:1 C3..1:.~ ,t. ~~~'~ ~~ :' , . . . p U " '0 1/8 - MILES J\\II 1\' n .dnn 'ROO FEET ;.."..,...", ... 7Al RUIZ CATERING NEW SITE PLAN John A. Grant, Jr., agent, is requesting site plan approval to construct a parking lot to serve an existing two-story building which is vacant on the first floor and is used for two rental units on the second floor. A parking lot is required to be constructed in conjunction with the proposed take-out restaurant/catering business due to the length of time the building has been vacant. A Board of Adjustment variance for number of parking spaces was granted in 1988 because the size constraints of the parcel do not allow sufficient room for all the required parking spaces to be constructed. Staff has worked closely with the applicant to arrive at the proposed parking lot layout and design which includes one, two-way driveway onto N.E. 4th Avenue to provide access to 5 parking spaces. The Technical Review Board unanimously recommends approval of this request subject to the attached staff comments. . ' . ' CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD SITE PLAN APPROVAL APPLICATION - This application must be filled out completely and accurately and submitted in one (1) copy to the Planning Department. Incomplete applications will not be proces&ed. Please print legibly or type all information. I. GENERAL INFORMATION 1. Project Name: Ruiz Caterinfi:; 2. Date this application is accepted: (to be filled out by Planning Department) 3. Applicant's name (person or business entity in whose name this application is made): Mrs. Eslett Ruiz Address: 7486 Coconut Drive Phone: lake Worth, Fl. 334p7 (407) 968-3859 FAX: (Zip Code) Nonf> 4. Agent's Name (person, if any, representing applicant): Address: JOHN A. GRANT, JR., INC. 3333 No. Federal Hwy. Boca Raton, Fl. 1.1411 (Zip Code) FAX: (407) 1ql)-~~1l) Phone: (407) 734-3330 5. Property Owner's (or Trustee's) Name: Same as 3 Address: (Zip Code) FAX: 6. Correspondence address (if different than applicant or agent)*: Same as 4 * This is the address to which all agendas, letters, and other materials will be mailed. PLANNING DEPARTMENT - January 1991 C:SitePlan I ( 2 ) 7. What is applicant's interest in the premises affected? (Owner, buyer, lessee, builder, developer, contract purchaser, etc.) Owner 8. Street address or location of site:445 N. Federal Hwy. 9. Legal description of site and property control ~: J,o..t-1J.e.s..s--1:hp F::l~t ~I) fppt fnr .,tate road r;ght-nf-~Jay and all of lot 2, Block 5 of Robert Arlrlition tn Tnwn nf Boynton Beach as recorded in plat book 1, p~gP 1)1 nf tpA Public Records of Palm Beach County, Fl. Intended use(s) of site: IO. Catering business on first floor - two rpnt;:l1 ~p::lrtmpnt~ on second floor. 11. Developer or builder: not !=:plp~tprl 12. Architect: 13. Landscape Architect: 15. 16. 17. 18. Site Planner: JOHN A. GRANT, TR. , TNC.. Engineer: JOHN A. GRANT, JR . , TNC.. Surveyor: JOHN A. GRANT, JR. , TNC.. 14. Traffic Engineer: Has a site plan been previously approved by the City Commission for this property? no Estimated construction c~sts of proposed improvements shown ' this site plan: :!It- 5590 , 00 19. PLANNING DEPARTMENT - January 1991 C:SitePlan -. ~ . . ( 3 ) II. SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan _CowlR~Yc.ial M t :JLc'd. ~('3L 2. 3. . ; Zoning District CBD Area of Site .147 acres 6400 sq . ft. 4. Land a. Residential, including surrounding lot area of grounds Use -- Acreage Breakdown 951.45 .022 (2nd sq. ft. acres Floor) 14.9% % of site b. Recreation Areas * (excluding water area) -0- acres -0- % of site -0- 96 of site 28.1 % of site -0- % of site -0- % of site -0- % of site 48.6 % of site 90 of site e. Industrial -0- acres 180?OZ~' fta'cres First Floor -0- acres c. Water Area d. Corronercia1 f. Public/Institut~onal -0- acres g. Public, private and Canal rights-of-way -0- acres 3110 sq. ft. .071 acres h. Other (specify) P::n-kj ne Tot i. Other (specify) acres j . Total area of site 4910 sq. ft. 11 1 acres 7n.7 % of sitE PLANNING DEPARTMENT - JANUARY 1991 C:SitePlan -3 " g. Other (specify) -0- sq. ft. h. Total floor area 27c)1.4c) sq. ft. 7. Number of Residential Dwelling Units a. Single-family detached sq. ft. b. Duplex sq. ft. c. Multi-Family ( 3 + attached dwelling units) ( 1) Efficiency dwelling units ( 2 ) 1 Bedroom ? dwelling units ( 3 ) 2 Bedroom dwelling units ( 4 ) 3+ Bedroom _._- dwelling units d. Total multi-family 2 dwelling units e. Total number of dwelling units 2 8. Gross Density 13.6 dwelling units per acre 9. Maximum height of structures on'site feet 2 storie 10. Required off-street parking a. Calculation of required number of off-street parking spaces b. Off-street parking space provided on site plan -- Set by Variance Aug. 8. 1988 redllcpn from 9 to 5. 5 PLANNING DEPARTMENT - JANUARY 1991 C:SitePlan 4 " (9 ) IV. MISCELLANEOUS The following materials must be submitted in one (1) copy: (check) 1. A check, payable to the City of Boynton Beach, as per thE attached fee schedule. 2. Any other engineering and/or technical data, as may be required by the Technical Review Board to determine compliance with the provisions of the City's Code of Ordinances. V. CERTIFICATION (I) (iVe) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true tc the best of (my) (our) knowledge and belief. This applicatior. will not be accepted less signed according to the inst ucti ns below. do 7"/22/91 VI. Vi Signature of Own (s) or Trustee, of Authorized P inc' 1 if property is owned by a corporation or other business entity. AUTHORIZATION O~-;AGENT ""~/ / j" ~~/~C~ //1. ~\4( {~f ,!J!- Signature of Authortzed Agent Date 4-23 .9/ Date (I) (We) hereby designate the above (our) a~thorize ent in regard to ? 7 signed person as (my) this applicatiqn. ~ ~/22/C;/ Date Signature of 0 or Trustee, or Authorized ri ipal if property is owned by a corporation or other business entity. SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Board Planning & Zoning Board Community Appearance Board . City Commission Date Date Date Date' Stipulations of Final Approval: Other Government Agencies/Persons to be contacted: Additional Remarks: PLANNING DEPARTMENT - JANUARY 1991 C:SitePlan 5 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge,- represent and'agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all aspects of the proposed project shall be constructed in strict compliance with the form in \vhich they are approved, and any change to the same shall be deemec material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant acknowledges that the City of Boynton has all rights and remedies as provided by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and that in the event of enforcement action by the City, the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any costs, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO THIS ~(.Q , 19 'LL .;Z.'~ DAY OF )L.L~ m .&~ / u.4;-~ -- b STAFF COMMENTS RUIZ CATERING NEW SITE PLAN BUILDING DEPARTMENT: See attached memo FIRE DEPARTMENT: No comments ENGINEERING DEPARTMENT: See attached memo UTILITIES DEPARTMENT: See attached memo POLICE DEPARTMENT: See attached memo PUBLIC WORKS DEPARTMENT: See attached memo PLANNING DEPARTMENT: See attached memo RECREATION & PARKS DEPARTMENT: No comments FORESTER/HORTICULTURIST: No comments COMMUNITY IMPROVEMENT: See attached memo 7 BUILDING DEPARTMENT MEMORANDUM NO. 91-217 May 31, 1991 TO: Christopher cutro, Planning Director THRU: Don Jaeger, Building & Zoning Director ~ FROM: Michael E. Haag, Zoning & Site Development Administrator RE: TRB Comments - May 28, 1991 Meeting SITE PLAN - RUIZ - 445 NORTH FEDERAL HIGHWAY (PARKING LOT CONSTRUCTION) Upon review of the above mentioned project, the following list of comments must be addressed in order to conform with Boynton Beach City Codes: 1. All drawings and/or documents submitted for public record and prepared by a design professional, shall show original legible raised seal and signature of a Florida registered design professional responsible for the drawings/documents. 2. Indicate on the plan a use acceptable to the zoning district. The proposed use of a catering business is not a permitted use in the central Business District. The Board of Adjustment variance approval was based on a take-out and catering lunch business, with catering being an accessory use to the principle use of a take-out restaurant. 3. Identify on the site plan the gross square foot floor area of each floor level of the building. 4. Specify on the plan the length, height, letter style/family, type of material and color of all signage. Provide drawings of the building and site signage complying with the requirements of the sign code. 5. Provide a detailed plan view and full section view drawing of the dumpster enclosure and pad. Identify the following dumpster information: i. show ten feet (10') clear minimum width of the enclosure opening. Clear opening width must be measured and shown from inside of gate and post material or meet the Public Works Department specifications for size of compactor enclosure. ii. where gates are proposed, specify the method of holding the enclosure gates in the open and closed position 6. Show the computations and figures on the plans used to determine the total number of required parking spaces for the entire site. Provide a statement on the plans identifying the date, case number and description of the variance request that was granted for reducing the number of required parking spaces. 7. State on the plans that the landscape material will be irrigated with an automatic water supply system. Specify the water supply source. 8. Identify and show on the landscape plans the clear line of sight visibility requirements at ingress and egress points and intersections of right-of-ways. Visibility requirements shall be consistent with the Central Business District (CBD) landscape code. ~ To: Christopher cutro Re: Ruiz, Memo # 91-217 Page Two of Two 9. Show and specify on the landscape plans the following planting specifications for all landscape material as required by the central Business District (CBD) Landscape Code: 1) shade tree, 2) small tree, 3) shrubs, 4) vines, 5) ground cover, 6) lawn grass, 7) mulch, 8) grade of plant material and 9) provide a legend indicating species, number of plants, height, spacing, diameter, clear trunk height and spread (include native planting computations for all landscape material consistent with the CBD Landscape Code). 10. The outline, configuration and material shown and identified on the project drawing(s) submitted with the plan(s) for final sign-off shall match in every respect the colored drawing(s) approved by the Community Redevelopment Agency (CRA) during the approval process of the project. The color of each exterior finish material shown on the final sign-off plans shall be identified by name, color number and manufacturers name which shall match in every respect with the color(s) shown on the drawing(s) approved by the Community Redevelopment Agency. NOTE: A manufacturer's color chart showing and identifying all exterior color(s) shall be submitted with the application for the Community Appearance Board (CAB) review. In order to facilitate the permitting process, the following information should be included within your documents submitted to the Building Department for required permits: 1. Specify the size and type of all required vertical and horizontal structural material and components for the dumpster enclosure walls, foundation and associated pad 2. Include within the drawings a detailed elevation view drawing of the proposed site lighting pole and fixture. Show and specify the following pole and fixture data. i. specify shields to deter off-site glare ii. show the height of the pole and fixture matching the height specified on the photometric drawing iii. specify the depth of the pole and/or pole base is placed below grade iv. provide a detail drawing of the pole base showing and specifying the vertical and horizontal structural materials and components. Including the size and type of fasteners required to attach the pole to the base v. show the distance from the grade to the top of the pole base vi. correct conflicts between the location of site lighting pole(s) and landscaping 3. Establishment of the use will require appropriate tenant separation. , ~ ENGINEERING DEPARTMENT MEKORANDUM NO. 91-093CC May 30, 1991 TO: Christopher Cutro Director'of Planning FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TECHNICAL REVIEW BOARD COMMENTS RUIZ CATERING In accordance with the City of Boynton Beach, Code of Ordinances, specifically Chapter 19, Section 19-17, "Plan Required", including Chapter 5, Article X, "Boynton Beach Parking Lot Regulations", the applicant for the above referenced project shall submit the following information, plan revisions and technical data: 1. The applicant shall revise plans to depict the construction of sidewalks along the east property line situated within the rights-of-way, including the removal and replacement of all broken and/or avulsed sidewalks. 2. Sidewalks shall continue thru the ingress/egress approach and be so transitioned as to facilitate the circulation of handicapped persons. 3. Provide fully sodded and irrigated swales within the public rights-of-way. Swale detail shall conform to Engineering Department standards. 4. The applicant shall provide a parking lot facility lighting plan, including associated photometrics. A note shall be placed on the plan indicating that the system shall be photo-cell activated. The lighting plan shall also include cut sheets and details for poles, including a certified statement that the standard will sustain a 110 MPH lateral wind load. Additionally, cross-sections shall depict depth of pole imbedment and/or type of foundation to be utilized. 5. Provide construction specifications and standards for materials to be utilized in the construction of this project relative to paving and drainage. 6. Provide a parking lot layout plan and details depicting the striping of standard and handicap stalls in accordance with the City of Boynton Beach, Code of Ordinances and the Department of Community Affairs Accessibility Requirements Manual. Details for striping of standard and handicap stalls are available in the Engineering Department. 7. Delete the note stating that two feet of the parking stalls shall not be paved. 8. Provide percolation test data, percolation test locations and associated drainage calculations. The exfiltration trench shall have structures at either end for clean out purposes. Also, swales are necessary, including calculations for a three year, twenty-four hour storm which shall be submitted to the Engineering Department for review. Vincent A. Finizio Administrative Coordinator Engineering W. Richard Staudinger, P.E. Gee & Jenson, Consulting Engineers WRS:VAF/ck cc: J. Scott Miller, City Manager Michael Haag, Site Compliance Administrator If) . MEMORANDUM Utilities #91-279 TO: Christopher Cutro, Planning Director FROM: John A. Guidry, Director of Utilities DATE: May 28, 1991 SUBJECT: TRB Review - Ruiz Catering We can approve this project, subject to the following conditions: Irrigation water for this site can be obtained from City water. Vacuum break backflow prevention is required. No utility sign-off is required for this comment. gb xc: Mike Kazunas . /1 i MEMORANDUM POLICE # 91-IX TO: Tambri Heyden FROM: Lt. Dale Hammack RE : Ruiz Catering DATE: May 31, 1991 As per our discussion at the Technical Review Board Meeting of 28 May 1991, I am recommending the following: 1. Stop Sign and Stop Bar at Exit (City Ordinance # 5-142C) . iZ~~ DH/de -'ra' l}Q l' ',C' j!,,-J... ',,,.:.,' . _11 ",""',\liD"'" i l~"~ 1% . J}L,'x",J "J ffL!j,.t>,~ i ~ ~~, ~ 1'j ,," r ",.r I '~'" J___loooP :Ili'~.''''''' -----~~"_.., /2- PUBLIC WORKS MEMORANDUM NO. 91-069 TO: TAMBRI HEYDEN - SENIOR PLANNER FROM: ROBERT EICHORST - PUBLIC WORKS DIRECTOR DATE: MAY 28, 1991 SUBJ: RUIZ CATERING Driveway must be moved to the west to permit direct approach to dumpster enclosure. ~-~ ~/-~ Robert Eichorst RECEIVED ,M\t 18 11 PLANNiNG DE.PT~ \ RE:he cc: file ~ ..,/ PLANNING DEPARTMENT MEMORANDUM NO. 91-126 TO: Chairman and Members Downtown Review Board THRU: Christopher cutro, A.I.C.P. planning Director FROM: Tambri J. Heyden, Senior Planner DATE: June 3, 1991 SUBJECT: Ruiz Catering - site Plan File No. 599 Please be advised of the following Planning Department comments with respect to the above-referenced request: 1. Provide a graphic scale on the site plan. Site plan application, page 5, item #2. 2. Include bearings and indicate existing paving and grass on the survey. Site plan application, page 6, item #19. 3. Dimension the driveway width and the western landscape strip. Chapter 5, Article X, Section 5-l42(h)(1) and Chapter 7.5, Article III, Section 7.5-57(1)a.l. 4. Indicate the driveway location of the driveway which serves the use to the north. Site plan application, page 5, item #4. 5. Revise the site plan application, page 4, item 10.a, and add this parking calculation information to the site plan to reflect a total of 13 parking spaces required. This is based on 9 spaces for 1,800 square feet of restaurant use (1 space for every 200 square feet of gross floor area) and 4 spaces for the two apartments (2 spaces for every dwelling unit). Also note on plans that a Board of Adjustment variance was granted for parking. Appendix A, Section 11.H.16.a(2) and (3). ,- ~ d~a ' Tambri J. H({yden tjh A:RuizSP xc: central File /Lf COMMUNITY IMPROVEMENT DEPARTMENT M E M 0 RAN DUM DATE: June 3, 1991 FROM: Tambri J. Heyden, Senior Planner I Johnnetta Broomfield, Directorjf'~ TRB Comments: Ruiz Catering (Parking Lot Construction and CBD Landscape Appeal) TO: RE: please be advised of the following relative to the above subject: o Landscape plan should be included as per Article V., CBD Project Review and Approval (Code of Ordinance, pg. 1323) 5. Landscape plans showing grading, construction drawings, plan materials, hardscape, walls, fences, furniture and lighting. o Landscape should be installed as per Article III, CBD Landscape code (Code of Ord., pgs. 620-627) o Lighting should comply with CBD Guidelines - Lighting (pg. 21, see attached) /kc attachments R~-- ;'. -1' . Jr ,-'--- '"!'1'- '\,.,; ,,' , r"""U '.~I "'..' ,: ':',' ~ "".-.:.-d ~_' - ... 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