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LEGAL APPROVAL %e City of t:Boynton ~eacli July 22, pfanning & Zoning 'Department 100 'E. 'Boynton 'Bead!. 'Boulevard P.O. 'Bo;{.310 'Boynton 'Beadi, :Jforiaa 33425-0310 (407) 738-7490, :J.9tX: (407) 738-7459 1993 / Lawrence Sehres 2697 North Ocean Boulevard Boca Raton, FL 33435 Re: Board of Adjustment Case #175 2406 South Federal Hwy. Dear Mr. Sehres, Your request for a variance regarding the above referenced case was denied by the Board of Adjustment at their April 19, 1993 meeting. If I can be of further assistance, please contact me. Sincerely, ~ (l"~ -v-o ~ Christopher cutro planning and Zoning Director MH/cmc A:SEHRES ,qmerica 5 ~1atC'wa~1 to tne (ju(fstream MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA APRIL 19, 1993 THREE REQUESTS WERE MADE FOR SPEAKERS IN FAVOR OF GRANTING THIS VARIANCE. No one other than Mr. Tazziani was present to speak. r THREE REQUESTS WERE MADE FOR SPEAKERS OPPOSING THIS VARIANCE. No one was pre- sent to speak in opposition of granting the variance. Mr. Garnsey requested guidance from Attorney Cherof with regard to granting a contingency variance based on the current status of the building. Attorney Cherof advised that the Board could grant the variance with a proviso that if there is a change in occupancy, the variance will expire and the property owner would have to return for review. Motion Ms. Solomon moved that this variance be granted with the understanding that any changes in either ownership or occupancy will require penmission from the Building Department. Mr. Garnsey seconded the motion. As a result of a question posed by Mr. Uleck, Attorney Cherof reviewed the pur- pose of the variance procedure and explained that the way the motion is worded, if occupancy or occupational licenses change, the variance will expire and the property owner must come back before the Board. A roll call vote was polled by the Recording Secretary. The vote was 6-1. (Mr. Uleck cast the dissenting vote.) The variance was APPROVED. CASE '175 Agent: Requested Variance: Lawrence Sehres, Architect for Philip Patenaude, Trustee for the Owner The applicant requests approval to allow a 25.11 foot lot frontage for a two (2) acre piece of property located on South Federal Highway. The 25.11 .foot frontage is 74.89 feet less than the 100 feet required by Section 5.G.2.a. of the Zoning Code. On South Federal Highway directly north of Hampshire Gardens Co-Ops and directly south of Gentleman Jim's Restaurant Secretary Tineri read the application and advised that the justification state- ment for variances had been read earlier in the meeting. Location: Lawrence Sehres, Architect for the project, advised that this request is based on the fact that when this property was subdivided, it was done so in a manner that does not now provide adequate frontage along Federal Highway. There is a twenty-five (25) foot access from Federal Highway into the property. Gentleman Jim's is to the north of the property with Hampshire Gardens to the south. The contract purchaser plans to erect a four-story condominium containing ten (10) units per floor for a total of forty (40) units. If this variance is not granted, the property will be landlocked and will not be able to be developed. This request will provide a useful function for the land. - 3 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 19. 1993 The agent and contract purchaser met with representatives from Hampshire Gardens to explain the purpose of the development. It was Mr. Sehres' opinion that this ~ proposed project will be a good neighbor and an asset to the community. Mr. Miriana pointed out to Mr. Sehres that there is a six (6) foot FPL easement along this twenty-five (25) feet of land. Mr. Sheres explained that this piece of property will be used as the access into the property. The developer plans to pave over the easement and has not experienced any objections thus far from FPL. Mr. Cutro explained this is a nonnal procedure. If FPL needs to cut the road in the future, the property owners would be responsible for the repairs. Discussion ensued regarding City utilities and accessibility to the site by the Fire Department, Police Department and emergency vehicles. Parking on the site also became an issue. However, Mr. Cutro explained that it is the developer's responsibility to make his project work on the site. The Board1s responsibility is to determine whether or not the developer can build on the property without the required frontage on Federal Highway. Mr. Sehres said this piece of land was not duly considered during the master plan process. This property was left with a limited access of only twenty-five (25) feet which makes it quite unique. Mr. Sehres was of the opinion that this particular situation does not exist anywhere else in the City. A REQUEST WAS MADE FOR ANYONE WISHING TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. Claude Lamere, representing the developer, said studies have been done with regard to accessibility to the site and meeting building Codes; however, the developer does not want to invest too much money into these studies unless a variance is granted. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. AN ANNOUNCEMENT WAS MADE FOR SPEAKERS OPPOSED TO GRANTING THE VARIANCE. Pat Downey. 2430 South Federal Highway. spoke as one of the representatives from Hampshire Gardens. She offered petitions with 220 residents' signatures opposing the variance. (The petitions are on file in the City Clerk's Office.) Her reasons for opposing the variance revolved around the negative impact the additional traffic would have on Hampshire Gardens. She further spoke about the noise, light pollution and fumes which would be generated by the increased vehi- cular traffic. She pointed out that the distance from the back of her building to the edge of the property is approximately thirty-eight (38) feet. Fred Wulff. 2420 South Federal Highway. Apartment IS, is opposed to the variance because of the negative impact which will be created by the increased traffic. He spoke of the discomfort which will be experienced by the elderly people who have lived in this complex for many years. Although the developers spoke with residents of Hampshire Gardens, Mr. Wulff felt their concerns were not clearly addressed. He spoke of a two (2) acre site which will house forty (40) units, a - 4 - . . , MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 19. 1993 ~ swimming pool, jacuzzi, dressing room with showers, and parking for fifty-five (55) cars. He urged the Board to deny the request for variance based on the fact that the residents are concerned with protecting their investment and wish to live out the remainder of their lives in peace and quiet. George Barbuty. 2420 South Federal HighwlY. Apartment '15. is also opposed to this variance. He is concerned with the narrowness of the access roadway and feels emergency vehicles will not be able to be accommodated. If that access roadway needed to be dug up for any reason, there would be no way emergency vehicles could service the complex. He urged the Board to deny the request. Joe Vitale. 2450 South Federal HighwlY. is concerned with the traffic which will be generated in front of Hampshire Gardens, posing a danger to its residents. Mr. Vitale attempted to rebut the applicant's answers to Questions A through F on the application. He pointed out that the fact that there was only a twenty- five (25) foot access was well known at the time of purchase. He feels the granting of this variance is providing special privileges to the applicant, but creating a hardship for the people of the community. Vincent Pandolfo. 2440 South Federal HighwlY. spent many years driving fire trucks and pointed out that maneuvering such a vehicle in this small space pro- vided will be difficult at best, and quite difficult since there is no swing space. Secretary Tineri read two letters of opposition from Marie A. Zaronski of 2460 South Federal Highway. Apartment '5. and Paul and June Horand of 2450 South Federal Highway. Apartment '7. . Although there was no one else present wishing to speak in opposition of the variance, a majority of the audience stood up in solidarity to show their opposition to the granting of this variance. Mr. Lamere advised that the people interested in buying the proposed units are all from Canada. These people will spend approximately two or three months here during the season and only 30% of the units will be used during the summer months. Further, the developer will have to meet with the State regarding the median on Federal Highway. Mr. Sehres stated that the condition in which this site was left was the result of actions by the authorities who approved the subdivision twenty-five (25) years ago. He feels this site is unique. The number of units requested for the site meets the penmitted occupancy levels. He provided an aerial photo for review by Board members which showed the distance from the property to Hampshire Gardens and the road which separates the property. He stated that the developer intends to incorporate a landscpaing strip which will provide a visual barrier. He urged approval of th~ request to allow the owner the right to use his land. Mr. Slavin, Board Alternate, explained that he was a member of this Board in 1980 when Col. Drum first requested a variance for twenty-five (25) feet to allow a roadway into his property. After investigation, it was determined that Col. Drum created his own hardship. The City was not responsible in any way. - 5 -