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
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('. ("'~~.- , "~l 'Boynton 'Be.adt, 7fmUfa 33425-0310
. ~'h,":"'. '. ~ (407) 738-7480
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'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