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LEGAL APPROVAL PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-132 June 12, 1992 FROM: Don Jaeger, Building Official ~~h~tro, Planning and Zoning Director TO: RE: TRANSMITTAL OF APPROVED SITE PLANS FROM THE JUNE 2, 1992, CITY COMMISSION MEETING Accompanying this memorandum you will find the approved site plan package for the project(s) listed below. The site plan package will include the following items: 1. A copy of the City issued approval letter 2. A copy of the comments made by the Technical Review Committee (TRC) 3. A set of plans reviewed by the TRC 4. The original color elevation view drawing(s) and the associated color samples 5. Photographs of existing sites that abut the perimeter of the subject property 1. Knuth Road PCD Service Station: Service station with a convenience store and an automatic car wash. The new site plan was approved by the City Commission at their regular meeting held on June 2, 1992. 2. Don Fisher Apartments: Two (2) four (4) unit apartment buildings with a detached three (3) car garage. The new site plan was approved by the City Commission at their regular meeting held on June 2, 1992. 3. BOYnton Beach Promenade: Raze portion of shopping center and rearrange square footage on site. The site plan modification was approved by the City Commission at their regular meeting held on June 2, 1992. CC:ald Attachment XC: (Memo Only) Al Newbold Central File Project File tu rrfte City of 'Boynton 'Beacfi /~~~ 100 'E.. 'Boynton 'B~a& 'Bm.r.Uvar4 i :'I:I~;' ~ P.O. 'Bo~310 ('. ("'~~.- , "~l 'Boynton 'Be.adt, 7fmUfa 33425-0310 . ~'h,":"'. '. ~ (407) 738-7480 \~ 7~: (407) 738-7459 'Bui1tfi.ng 'D~partment, City:Hall Compfoc. Wt.St %1ng May 14, 1992 Don J. Fisher 6760 N.W. 29th Street Sunrise, FL 33313 RE: SIDEWALK WAIVER - 2107 S.E. 3rd STREET Dear Mr. Fisher: The Technical Review Committee (TRC) met on May 14, 1992 and voted to approve your request for a waiver of the construction of 119.4 feet of sidewalk located along the north side of S.E. 21st Avenue. Construction plans submitted for permit do not need to include the specific sidewalk waived by the TRC. If I can be of fur~her assistance, please advise. AN: bh xc: George Davis Chris Cutro, Planning & zoning Director Central files RECEIVED SW.DOC MAY 15 PLANN1NG DEPT. J:1..mcruas gateway to tlie gulfstream MINUTES - BOARD OF ADJUSTMENT BOYNTON BEAca, FLORIDA NOVEMBER 4, 1991 Miriana moved to deny the request for a variance ding the shed. The motion died for lack of a sec~nd. // Mr. Hayne moved to grant the request of Kenne>R~Focarino for a varian regarding the shed. Secreta Eney seconded the motion. A r 1 the mot' n was taken by the Recording Secretary Andrew Thomas Henri a B Uleck Raymond Eney James Miriana Vernon Thompson - Aye - Aye - Aye Nay - A - Nay - 'Nay carried 4-3 and the variance was 2. Case 1164 Address: Owne r : Legal Description: Requested Variance: 2107 S. E. Third Street, Building A Donald Fisher Lots a-13, inclusive, Sunny Oaks Addition -- Rear setback reduction Secretary Eney read the application. He said the applica- tion was made on September 30, 1991. The property is pres- ently zoned R-3 and was formerly zoned R-3. Denial was made upon Appendix A-Zoning, Section 5.G.2.a. The nature of the exception was that the Code requires a rear yard setback of 40 feet. Applicant wishes to have a 35 foot rear yard set- back. Therefore, a variance for 5 feet is requested. The permit was denied on October 1, 1991 by Milt Duff. Secretary Eney read the applicant's response to the six criteria. Chairman Thompson reminded the Board members that this case is a carryover from last month wherein the applicant asked for a variance on the property. George Davis, Architect, 1100 South Federal Highway, Boynton Beach, was present representing the applicant and stated that at the September meeting this Board granted him a variance for 15 feet on Building B. However, he overlooked that Building A required a 5 foot variance of the rear yard in order to conform. He had with him plans. 6 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEA:CR, FLORIDA NOVEMBER 4, 1991 Chairman Thompson asked Mr. Haag to brief the Board. Mr. Haag said the applicant has a proposed site plan for two apartment buildings that does not meet the setback require- ments. Mr. Haag asked that the motion include clarification iden- tifying the setbacks, since, if this variance is approved, there will be two setbacks on this one piece of property. Mr. Davis read a letter, dated October 28, 1991, addressed to this Board, signed by Mr. Fisher, indicating the 5 foot variance pertains to Building A and the 25 foot variance pertains to Building B. It was ascertained that this would be sufficient clarification. Questions were asked by the Board members regarding the number of apartments and the placement of the buildings on the property. Mr. Davis said he spent many hours trying to get the building to face other directions. Mr. Miriana mentioned that at the last meeting Mr. Fisher said the vacant area on the plans, which now indicates a three car garage, was going to be utilized as a playground. Mr. Davis stated those were the identical plans that were brought to the last meeting. Donald Fisher, 6760 N. W. 29th Street, Sunrise, Florida 33313, said he indicated at the last meeting tha~the remaining portion back in the corner would be made into a playground. Attorney Mussman advised the prior variance was granted and the Board cannot readdress that issue. The issue with regard to the playground and/or garage is not before this Board. The issue of a new variance for a rear setback reduction is before this Board. Chairman Thompson inquired three times whether anyone wished to speak in favor or against granting the variance. No one responded. Mr. Newton moved to grant the request of Donald Fisher for a variance regarding the rear setback reduction. Mr. Haynes seconded the motion. Attorney Mussman indicated granting the 5 foot variance will include the statement the architect made on the record with regard to the situation of the buildings and the lot numbers. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes Thomas Newton - Aye - Aye 7 ~, c_ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH_, FLORIDA NOVEMBER 4, 1991 Henrietta Solomon Ben Uleck Raymond Eney James Miriana Vernon Thompson - Aye - Nay - Aye - Nay - Aye The motion carried 5-2 and the variance was granted. OTHER BUSINESS Chris Cutro, Planning and Zoning Director, City of Boynton Beach, said that Planning and Zoning will now be providing the staffing for the Board of Adjustment, not the Building Department. He intends to meet with Attorney Mussman and then have a workshop meeting in the next couple of months to help this Board in their deliberations. He ended by saying he is looking forward to working with the Board of Adjustment. ADJOURNMENT Ms. Solomon moved to adjourn the meeting. Mr. Miriana seconded the motion which carried 7-0. Th~eting properly k~ Eve Eubanks Recording Secretary (Two Tapes) adjourned at 8:25 P. M. 8 " MINUTES - BOARD OF ADJUSTMENT -BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1991 ttorney Mussman suggested the Board read the justification st ement into the record before the Board makes a decisi~ Secre ry Eney read the applicant's Variance Request ~ Justific tion Statement. Ms. Solomon m ed to deny the request of Wi Winchester, Zein & Schroeder for a va 'ance regarding the minimum distance s aration between rvice stations. Mr. Uleck seconded t motion. A 011 call vote on the motion was taken by the ecord' g Secretary as follows: carried 4-3 and the variance was 2. Case #160 Address: Owner: Legal Description: Requested Vairance: 2107 S. E. 3rd Street Donald Fisher Lots 8-13, inclusive, Sunny Oaks Addition Front and rear setback reductions Secretary Eney read the application. He said the applica- tion was made on August 1, 1991. The property is presently zoned R-3 and was formerly zoned R-3. There was a denial made on the existing zoning of this particular property for buildings under Appendix A-Zoning, Section 5.G.2.a. The nature of the exception was that the Code requires a front and rear setback of 40 feet. The applicant wishes to have a 25 foot front setback for both buildings A and B and a 15 foot rear setback for building B. Therefore, a 15 foot variance is required for front setbacks and a 25 foot variance is required for rear setback of building B. This permit was denied on August 9, 1991 by Mr. Newbold. Mr. Eney said the six criteria which the Chairman has read for the previous case also applies to this application. He read the applicant's response to these six criteria. George Davis, Architect, 1100 South Federal Highway, Boynton Beach, represented Mr. Fisher. He pointed out to the Board 4 MINUTES - BOARD OF ADJUSTMENT -BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1991 that at one point, the narrowest depth of the land is 84 feet. With a 40 foot front setback and a 40 foot rear set- back, that leaves 4 feet to put a building on. At its deepest point, the property is 119 feet. With the 80 foot setbacks, this will only allow a 39 foot building. The apartments have to be a decent size in order to be rentable. He said since this application has been made, and the drawings presented, he realized an additional variance of five feet on building A is needed. Attorney Mussman advised that this issue is not before the Board and that the appli- cant would have to come back to the Board for that variance. No one from the audience wanted to speak in favor of granting the variance. Sam Montqomery, 411 S. E. 20th Court, spoke against granting the variance. He said his neighborhood is already surrounded by apartments. He was concerned with what kind of people were going to move into a house that is 15 feet away from the railroad tracks. He was concerned about keeping the neighborhood clean. John Yoder, 514 S. E. 20th Court, spoke against granting the variance. He said during the last three or four years he has seen everyone of those apartment buildings on the street that Mr. Fisher wants to build on go down hill. He has seen abandoned cars there. He said ever since the City opened the road, a traffic problem was created. If the variance is granted, there will be 16 more parking spaces. The street is not very big to begin with. Barbara DeBellis, 414 S. E. 20th Court, and Russell Case, 417 S. E. 20th Court, did not want the variance granted. Mr. Miriana wanted to know why the buildings were being placed on the two ends of the land, leaving an open area in the middle. Mr. Davis said the buildings fit better on the bigger ends. If it was done another way, there would still be a problem with the setbacks. Chairman Thompson asked Mr. Davis if he had looked at all possible ways of arranging the buildings on that plat of land. Mr. Davis said he had. The building plan that Mr. Fisher wants to use is 54 feet by 42 feet. It will not fit anywhere on the plat. The only alternative is to put a smaller building on the plat. 5 "'-...", ~ ........ MINUTES - BOARD OF ADJUSTMENT -BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1991 Secretary Eney read a letter dated September 13, 1991 from Lillian Mayhew, Sr. addressed to the City Clerk, opposing the granting of the variance. Ms. Solomon moved to grant the request of Donald Fisher for a variance for front and rear setback reductions. Mr. Eney seconded the motion. , A roll call vote on the motion was taken by the Recording Secretary as follows: Ben Uleck Nay Kevin Michael Clair - Aye Henrietta Solomon Aye James Miriana Nay Vernon Thompson Aye Raymond Eney Aye Thomas Newton Aye The motion carried 5-2 and the variance was granted. OTHER BUSINESS The regular November ll, 1991 meeting was rescheduled to November 4, 1991 because of Veteran's Day. ADJOURNMENT The meeting properly adjourned at 9:10 P. M. ve::: ~ Eve Eubanks Recording Secretary (Three Tapes) 6