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LEGAL APPROVAL DEVELOPMENT ORDER CITOF BOYNTON BEACH, FLORIDJ-. PROJECT NAME: Shafiqullslam APPLICANT: Shafiqullslam APPLICANTS AGENT: APPLICANTS ADDRESS: 2111 N,E, 3rd Street, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY COMMISSION: August 19,1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (building height) LOCATION OF PROPERTY: Lot 10, Lee Manor Isles subdivision DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO, c!tZ. . /~ ~ fDl ;. G,. ill ~ 0 Wi lli 1 \'..\ \UU SEP 51991 \ 00\ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2, The Applicant t/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested, 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4, The Applicant's application for relief is hereby .,/ GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This qfer shall take effect immediately upon issuance by the City Clerk, 6. All further development on the property shall be made in accordance with the terms and conditions of this order, 7, Other DATED: ~~~ .::} /Y'?7 ~~~~ City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\JSLAM\ZNCV\DEVELOPMENT ORDER.doc /g ~\\\\\ \ ll"" 1//1111. ~,....o~ BEAC :t/,l~ ~ ~ .....~ED..... /y ~ ~ ~ ....~ .... ~ ~ 0 llo \ ~ = w: ,.",..,.:. == -:0 ,,""":1' <( - : u. \<:a. 6)v ! c ~ - 0 .,~ .- -:;:. ...? ~...~ ~ ~ .., .... .... 0 ~ ~ -<' / ........... " ~ 'l,,~ Q ~ ,,~ "1/1/ ".... /11/1/" II \1\\\' EXlllBIT "F" Conditions of Apcroval Project name: Shafiqul Islam File number: ZNCV 97-003 (building height), Case No, 237 Reference: Acnlication and exhibits with a June 17 1997 Plannine: and Zoning DeDartment date staron markin2. DEPARTMENTS INCLUDE REJECT PUBUC WORKS Comments: Nt A UTILITIES Comments: NtA FIRE Comments: NtA POLICE Comments: Nt A ENGINEERING DMSION Comments: Nt A BUILDING DMSION Comments: Nt A PARKS AND RECREATION Comments: Nt A FORESTERJENVlRONMENT ALIST Comments: Nt A PLANNING AND ZQNING .~ Comments: Nt A ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1, DENIED, ADDITIONAL CITY COMMISSION CONDmONS 2, T--e ee dlWll;;Clulhed. ,4 ~..&'A:?vev ..3~/ ~~ V /bme s;\projects\cond of appr\ MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 In response to Mayor Taylor's question, Mr. Smith advised that the bus shelters are constructed to withstand wind loads of 120 mph, Commissioner Jaskiewicz questioned whether Mr, Smith would be willing to change the maximum number of benches in order to give the Commissioners an opportunity to evaluate the program for negative impacts. Mr. Smith advised that he planned on providing 10 shelters. 15 benches with advertising, and 5 benches without advertising at the start. There is a maximum of 25 shelters and 75 benches. He offered to consider lowering the maximum from 75 benches to 50 benches, and reconsidering the program in the future. Over time, additional benches will be added, There are approximately 150 bus stops in the City, The City Manager has complete approval of the site locations. She can create exclusions if she feels they are inappropriate. Mayor Taylor was agreeable to the initial 15 benches. Motion Vice Mayor Titcomb moved to approve the Boynton Transit Advertising Company proposal for bus shelters and shelters for the City of Boynton Beach. Commissioner Jaskiewicz seconded the motion which carried unanimously, XI. LEGAL A. Ordinances - 2nd Reading - Public Hearing None B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 097-32 Re: Amend Part II, Chapter 2, Article 1, Section 2-2-( c) of the Code of Ordinances providing for amendment of the time period in which motions to reconsider quasi- judicial decisions must be made and indicating when a quasi-judicial decision is final City Attorney Cherof read Proposed Ordinance No. 097-32 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-32 on first reading, Vice Mayor Titcomb seconded the motion, A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Mr. Friedland was in favor of granting this variance because this lot has remained vacant for many years, because it is an odd pie-shaped lot, and because the desire for more and better single-family dwellings was expressed at 20/20 Visions. Mr. Islam stated that his architect told him 25 feet is too low of a height for this size house. Larry Chandler, 914 N.E. 2nd Street, stated that he is trying to build a house on his lot. where no building has been done since the 1950s, It is on the Intracoastal. His architect told him he should consider ten-foot ceilings because eight-foot ceilings look chintzy on nice houses, He wants to build a two-story house, If the first floor has a ten- foot ceiling and the second floor has a ten-foot ceiling, the roof would have to be flat and that would look awful. He would like a steeper roof for hurricane reasons. He felt that the height limit needs to be addressed. Motion Mr. Aguila moved to deny the request for a variance to the height regulation for the Lee Manor Isles Subdivision, Lot 10, by virtue of finding the unjustified reasoning for requesting the variance. Vice Chairman Golden seconded the motion. Mr. Aguila agreed with Mr. Chandler's comments and suggested this matter be put in front of the planning consultants' agenda so that some of these issues can be dispensed with quickly. Mr. Reed pointed out that this is not a blanket vote, It is a vote on a particular house on a particular site. The motion carried 6-1. Mr. Friedland cast the dissenting vote, Attorney Pawelczyk explained to Mr, Islam that this board's decision is only a recommendation to the City Commission, and the City Commission will make the ultimate decision. B. Subdivisions Master Plan Modification 1. Project: Agent: Owner: Melear PUD Donaldson Hearing James T. Bisesi and Gene B. Glick 4 MINUTES CITY COMMISSION MEi:TING BOYNTON BEACH, FLORIDA JULY 15, 1997 Mayor Taylor announced that Commissioners Bradley and Tillman would not be present for this meeting. II. ADMINISTRATIVE A. Accept resignation from Robert Goldberg, Regular Member, library Board Commissioner Jaskiewicz moved to accept the resignation with regret. Vice Mayor Titcomb seconded the motion with regret. The motion carried unanimously. B. Appointments to be Made Appointment to be Made Board Length of Term Expiration Date I Titcomb IV Tillman I Titcomb IV Tillman MayorTaylor I Titcomb II Bradley IV Tillman I Titcomb II Bradley II Bradley IV Tillman MayorTaylor " Bradley I" Jaskiewicz Adv Brd on Children & Youth Alt 1 yr term to 4/98 Adv Brd on Children & Youth Stu/Reg 1 yr term to 4/98 Civil Service Board Alt 2 yr term to 4/99 Cemetery Board Reg 3 yr term to 4/00 Cemetery Board Reg 3 yr term to 4/00 Cemetery Board Alt 1 yr term to 4/98 Code Enforcement Board Alt Term expires 9/97 TABLED Code Enforcement Board Reg Term expires 9/97 TABLED Code Enforcement Board Alt Term expires 9/97 Community Relations Board Alt 1 yr term to 4/98 TABLED Education Advisory Board Stu 1 yr term to 4/98 TABLED library Board Alt 1 yr term to 4/98 TABLED library Board Reg Term expires 4/99 Senior Advisory Board Alt 1 yr term to 4/98 TABLED Senior Advisory Board Alt 1 yr term to 4/98 TABLED TABLED TABLED TABLED No appointments were made. Motion Vice Mayor Titcomb moved to table all appointments that were not already tabled. Commissioner Jaskiewicz seconded the motion which carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1. WORKSHOP CITY COMMISSION MEETING - July 16, 1997, at 8:00 a.m., in City Commission Chambers - Consolidated 5-Year Plan Mayor Taylor made this announcement. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-36. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by City Clerk Sue Kruse, The vote was unanimous. 6. Proposed Ordinance No. 097-37 Re: Submit to referendum an amendment to Section 50 of the City Charter entitled, "Term of Elective Offices"; limiting the term of all elective offices to unlimited two-year terms City Attorney Cherof read Proposed Ordinance No, 097-37 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No, 097-37. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by City Clerk Sue Kruse, The vote was unanimous, 7. Proposed Ordinance No. 097-38 Re: Submit to referendum an amendment to Section 54 of the City Charter entitled, "Duties, Powers, Privileges of Mayor" and deleting the Mayor's powers over the Police and Fire Departments City Attorney Cherof read Proposed Ordinance No. 097-38 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No, 097-38. Vice Mayor Titcomb seconded the motion, A roll call vote was polled by City Clerk Sue Kruse, The vote was unanimous, 8. Proposed Ordinance No. 097-39 Re: Submit to referendum an amendment to Section 24 of the City Charter entitled, "Quorum, Vote Required on Ordinances, Resolutions; enactment procedures generally" to delete the necessity of a four-fifths (4/5) vote to amend the Future Land Use Element of the Comprehensive Plan City Attorney Cherof read Proposed Ordinance No. 097-39 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No, 097 -36. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 9. Proposed Ordinance No. 097-40 Re: Submit to referendum an amendment to delete in its entirety Article IV-A entitled, "Merit System for Personnel", thereby abolishing the Civil Service System for all personnel City Attorney Cherof read Proposed Ordinance No, 097-40 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No, 097-40, Vice Mayor Titcomb seconded the motion, A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. In response to Mayor Taylor's question, Attorney Cherof advised that each of these Ordinances, if passed by the Commission, will appear on the ballot as individual questions to be voted on. C. Resolutions None D. Other None XII. UNFINISHED BUSINESS None XIII. OTHER None XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 7:30 p.m. 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ATTEST: ~~~/~~,~ Cit ' lerk JULY 15,1997 ! 1; " 'r;:......J-.:__..7 ._'- ~... ) ~ Q- -::: Commissioner 8-- 15 ~ MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 2. Proposed Ordinance No. 097-33 Re: Amend Part II, Chapter 2, Article I, Section 2-15(e)(4) of the Code of Ordinances to revise the allowed reimbursement for meals while on official City business City Attorney Cherof read Proposed Ordinance No. 097-33 by title only, Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-33. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. 3. Proposed Ordinance No. 097-34 Rezoning - Heise/Auto Care Center of America PCD This Ordinance was tabled. 4. Proposed Ordinance No. 097-35 Re: Submit to referendum an amendment to Section 55 of the City Charter entitled, "Compensation of Mayor and Council", providing for changes to monthly compensation by Ordinances City Attorney Cherof read Proposed Ordinance No. 097-35 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097 -35. Commissioner Jaskiewicz seconded the motion. Mayor Taylor is hopeful there will be open discussion of this item on second reading, He explained that regardless of what the headlines in the newspaper said, none of the Commissioners have asked for a raise in salary. This is an item that is being addressed while the review of the Charter is taking place. He will be open to doing whatever the Commission decides on this matter, A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. 5. Proposed Ordinance No. 097-36 Re: Submit to referendum an amendment to Section 53 of the City Charter entitled, "Mayor, Vice Mayor; Election, Procedure"; providing for selection of the Vice Mayor at the first regular or special meeting following election City Attorney Cherof read Proposed Ordinance No, 097-36 by title only. 12 MINUTES OF THE REuULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 15, 1997, AT 6:30 P.M. PRESENT A. Call to Order . :-i':~~~f;-rp"-:::; ..' :~ l. \ n \ .-lli..__:1L..-.~- ;.-~--~~. ., ' < ... II ':\ H nl,t\ i1. 7 . i~' ,~U;~__~~~ ~ 3___ rV~11~\\~;~~~f~T~ Z~~__.II Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Shirley Jaskiewicz, Commissioner I. OPENINGS Mayor Taylor called the meeting to order at 6:33 p.m. B. Invocation - Bob Hahn, First Methodist Church Mr. Hahn offered the invocation. C. Pledge of Allegiance to the Flag Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections City Manager Willis deleted Consent Agenda Items "J" and "K", and added "Special Event Approval for First Methodist Church" as replacement Item "K". Mayor Taylor announced that Item 8,3 under legal, would be tabled at the applicant's request. Commissioner Jaskiewicz removed Consent Agenda Item #9 for clarification. Vice Mayor Titcomb will remark on Consent Agenda Item "0". Attorney Cherof advised that Legal Item 8.6 is a substitution of an Ordinance and the title should read, "Elected Offices Unlimited Two-Year Terms". City Manager Willis will report on two items under "City Manager's Report". 2, Adoption Motion Vice Mayor Titcomb moved to adopt the agenda as amended. Commissioner Jaskiewicz seconded the motion. which carried unanimously. 1 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 2. Special City Commission Meeting: 1) Site Plan Approval for BGllndustries, and 2) Review of Proposed FY 97/98 Annual Budget July 25, 1997, at 3:00 p.m., in the Library Program Room Mayor Taylor made this announcement. City Manager Willis added that the Commission will be adopting the tentative millage rate for Fiscal Year 1997/98 during this meeting. 3. NEIGHBORHOOD SUMMIT - July 29, 1997, from 7:00 p.m. to 9:00 p.m., in the Civic Center Mayor Taylor made this announcement. 4. JOINT CITY COMMISSION/CHAMBER OF COMMERCE MEETING - August 4, 1997, at 7:00 p.m., in the Library Program Room Mayor Taylor made this announcement. B. Presentations 1. Presentation to the Mayor by Anne Dichell, Division Director of Palm Beach/Martin County Division of the South Florida March of Dimes, for the MARCH OF DIMES WALK-A- THON This presentation was delayed until the arrival of Anne Dichell. 2. Presentation by Senator Matthew Meadows - Third and final quarterly payment in the amount of $107,700 for the BOYNTON BEACH ELEMENTARY SCHOOL SPECIAL CATEGORY GRANT PROJECT Senator Meadows expressed his pleasure at being able to present the City of Boynton Beach with $107, 700--the final quarterly payment of the Boynton Beach Elementary School Special Category Grant. Mayor Taylor thanked Senator Meadows for taking the time to come to Boynton Beach to make this presentation. IV, CONSENT AGENDA 9. Proposed Resolution No. R97-116 Re: Authorize execution of a tri-party wall construction agreement between the City of Boynton Beach and Bill R. Winchester. Elsie A. Winchester and M. Frank Finrock. co-trustees of the Knuth Road Trust dated as of November 15, 1996 (Winchester) and Schroeder & Larch, P. A. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 Commissioner Jaskiewicz questioned the necessity of the City being involved in this tri-party agreement. Attorney Cherof advised that the City is a party to this agreement because there was a bonding requirement. The City permitted the project to be escrowed in lieu of the traditional bonding. We play no other role, In addition, Commissioner Jaskiewicz stated that she observed some things in the agreement that would not be a City requirement. Attorney Cherof advised that we have no duty to enforce any of those items. D. Approval of Bills A list of these bills is attached to the original set of these minutes on file in the City Clerk's Offi ce. Vice Mayor Titcomb referenced the payments to the South Central Water Treatment Plant. In discussions with Bob Haggle, he learned that our approval process for payment is creating a cash flow problem. He questioned whether it would be possible to direct staff to look at a more efficient way to take care of this payment. City Manager Willis advised that upon seeing the correspondence from Bob Haggle, she sent a memorandum to the Finance Department advising that it is not necessary to withhold payment on a bill that has already been approved. Commissioner Jaskiewicz referred to the demolition bid and felt the request made was inappropriate. Mayor Taylor agreed that the contractor should have viewed the site prior to submitting his bid. City Manager Willis advised that the City had not done demolitions for quite some time. In doing this demolition, we piggybacked a School Board bid, The Property Appraiser's records for square footage were incorrect. Therefore, an additional charge was incurred. In addition, the contractor failed to view the site, and we were charged additional monies. A. Minutes 1. SpeCial City Commission Meeting Minutes of June 27,1997 2. Regular City Commission Meeting Minutes of July 1, 1997 Commissioner Jaskiewicz moved to approve the minutes, Vice Mayor Titcomb seconded the motion which carried unanimously. B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget 4 i UU; JUL 30 1:;97 L~",_'~~-~__.",.._,-J NOTICE IS HEREBY GIVEN that the following application has bee made P . '4~, $"..:w i'J1' . EPT. PLANNING AND DEVELOPMENT BOARD of the CITY OF BOY , FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: /V ~._.... :..0/ jlLZ NOTICE OF PUBLIC HEARING Case #237 Owner: Shafiqul Islam Requested Variance: Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5,C,2a. to allow an increase in the height of a proposed single family home to 35 feet from the maximum 25 feet allowed. Location: S,E. 13th Avenue Legal Description: LOT 10, LEE MANOR ISLES, ACCORDING TO THE Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 211, Use: Single-family home A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday August 12, 1997, at 7:00 P,M, All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date, Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: THE POST July 27, 1997 s:\projects\lslamllegl237 c; City Manager, City Attorney, City Commission, Planning, Files