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LEGAL APPROVAL . . %e City of 'Boynton 'Beach 100 'E. 'Boynton 'Buuli 'Boulevard P.O. 'Bo~31O 'Boynton 'Be.tuli, 'Jt:orida 33425-0310 City:Jfa[[: (407) 734-8111 'JJfX: (407) 738.7459 September 23, 1993 RE: Board of Adjustment Case #183 American Legion of Boynton Beach 571 West Ocean Avenue Boynton Beach, FL 33435 Dear Mr. Robert Borovy: Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at the meeting held on September 20, 1993. Find attached the written order prepared by the City Attorney verifying the determination of the Board and signed by the Board Chairman on September 23, 1993. If I can be of further assistance, please contact me. Sincerely, ~~ Christopher Cutro, AICP Planning and Zoning Director CCjcmc cc: Central Files Deputy Building Official Case File 5tmer'Ua's (jateway to the (julfstream ORDER BOARD OF ADJUSTMENT CASE #183 Property Owners: Robert Borovy, Agent for the Boynton Beach American Legion 571 West Ocean Avenue Boynton Beach, FL The application for a variance of Robert Borovy, Agent for the American Legion, for partial relief from Section 11.H.16.b.{3} of Appendix A - Zoning Code, was granted. A copy of the minutes of the meeting reflecting the basis for such ruling is attached hereto. Dated: 9, 23 .- :13 fi~~/~ Ben Uleck Board Vice Chairman MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, SEPTEMBER 20, 1993 AT 7:00 P.M. PRESENT Ben Uleck~-Vice Chainman Raychel Houston Henrietta Solomon Nella T1ner1 James Mir1ana, Alternate Irving Sechter, Alternate Mike Haag, Zoning & Site Devel. Administrator . ABSENT Vernon Thompson, Chainman Thomas Cordie (excused) Barkley Garnsey A. ACKNOWlEDGEMENT OF MEMBERS AND VISITORS Vice Chainman Uleck called the meeting to order at 7:08 p.m. The Recording Secretary called the roll. B. APPROVAL OF MINUTES Mr. Mir1ana moved to approve the minutes of the last meeting. Ms. Solomon seconded the motion. Ms. Solomon moved to approve the minutes of the May 17, 1993 meeting. Mr. Sechter seconded the motion. C. CONTINUED PETITIONS None D. NEW PETITIONS Clse '183 571 West Ocean Avenue Property Owner: Robert Borovy, Agent for the Boynton Beach American Legion Request: Applicant requests partial relief from Section 11.H.16.b. (3) of Appendix A - Zoning Code in connection with a pro- posed expansion Of the Legion bu.l1ding_. The referenced section describes the bal.1s for detennining the requfred number of regular parking spaces for _theHLegion use. The applicant is requesting the req~ired sixty (60) regular parking spaces, of whi~h fifty-eight (58) are required for the Legion, plus two (2) spaces required for the s1ngle- family residence, which is located on the site, be reduced to a total of thirty-eight (38), which results in reduc- tion of twenty-two (22) required parking spaces. - 1 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1993 Ms. Houston read the application. She further reported the receipt of a letter from Gene Moore, who expressed no objection to the granting of the variance. The developed site 'is zoned Public Use. The site contains a one-story single- family residence and a one-story American Legion Post 164 building. The appli- cant is requesting relief from providing the required number of parking spaces in connection with the expansion of the existing Legion building. The Code specifies that the tYP1 and size of the uses located on the subject pr,perty provide sixty (60) regular parking spaces; fifty-eight (58) required for the Legion building, including the spaces required for the 2,756.83 feet two-story addition, and two spaces required for the detached residential house that is located at the north portion of the site. The following is a list of uses and zoning districts of the sites that abut the residence: R-2, one-story single-family residence Across the Florida East Coast Railroad tracks, there is M-1, Bulldog Fence Company Across Ocean Avenue, there is R-2, Barnal.s Feed Store Across N.W. 6th Street, there is R-1A, one-story single- family residences. Ms. Houston also read the applicantls letter in response to the "Statement of Special Conditions for the Variance". North: East: South: West: Harold Blanchette, 905 Mission Hill Road, Bob Borovy, 2521 SW 11th Street, Paul Martel, 1765 16th Court, Lake Worth, and Karl Hlsllbluer of Lake Worth, repre- sented the American Legion. Vice Chainman Uleck inquired as to whether or not the parking facilities will be adequate when membership meetings are conducted. Mr. Borovy explained that although the Legion expects to increase their membership to approximately 500 people this year, at the present time, only between ten (10) and twenty (20) people attend the meetings. Even with an increase in membership, he would never expect more than fifty (50) people to attend a meeting. The second story expan- sion will be used for storage and office space. It will not require additional parking. Mr. Blanchette said that even though the square footage is being increased, all of that area will never be utilized at one time. If downstairs is in use, the upstairs portion will be vacant. Further, the building is on a dead-end street. Ocean Avenue will soon be dead ended completely and the American Legion intends to request an abandonment of that street when that occurs. With regard to parking, Mr. Borovy further reported that the American Legion requested penmission from the City to use an area under some Melaluca trees for additional parking when necessary. They have been using that area for the past ten to twelve years with no interference from any City agency. That area pro- vides an additional eight (8) parking spaces. This request from the City was a Ugentlemenls agreement-. - 2 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FlORIDA SEPTEMBER 20. 1993 Vice Chai~an Uleck expressed concern about the number of spaces which would be lost, while Mr. Miriana was concerned with the fact that the reduction in parking spaces might not accommodate the increased membership the American Legion intends. Mr. Borovy again reiterated that it is highly unlikely that more than 10 percent of the members will ever attend a meeting at one time. Mr. Mir1ana felt the purpose of expansion would be to accommodate increased activities. Roman Sapyta, of 9975B Cassia Tree Way, is an officer in the American Legion. The additional space is required for meetings. Meetings are currently being conducted in the lounge. It is not possible for members to socialize at those times because the lounge is shut down when meetings are in progress. The Legion also needs storage area. The aluminum annex, which is currently being used, is in very bad shape and will soon be obsolete. Mr. Blanchette reiterated that the old trailer is a hazard during a windstonm. He feels that there will be no parking problem now or in the future. Paul Martel, Club Manager, is at the Post everyday. The Legion plans to expand in the future in order to begin Boy Scout and senior citizen programs at the Post. He feels it would be inappropriate to bring children into a lounge where alcohol is being served. When awards dinners are given, the members want to provide a safe atmosphere. He urged support of the request. Ms. Solomon inquired as to how the Legion would handle a situation if all mem- bers attended a function at one time. Mr. Martel stated it will never happen. However, Mr. Borovy explained that the Legion has a good relationship with the commercial area across the street. Barnal.s Feed Store has penmitted parking by visitors to the Legion. A representative from the Legion explained that in order to expand their prop- erty, the Legion purchased the two parking lots to the north. It was necessary to purchase the single-family residence at that time. That residence is rented. Mr. Borovy said that land is part of the operation. It can be rented, but it cannot be sold or used for any other purpose. At some point in the future, the house will be demolished. Gordon Eskridge. 629 W. Otean Avenue. is opposed to this variance. He feels the parking should be expanded if the building is to be expanded. He feels the Code should be adhered to. Susan Colvin. 623 W. Otean Avenue. is strongly opposed to the granting of this variance because when activities take place at the Legion, people park every- where. They currently use Barnal's Feed Store for parking, but they also park around the circle. She feels they could make use of the area the house is located on rather than infringing on the property owners in the area. Harry Pugh. 619 W. Ocean Avenue, said he never sees cars parking on the street at any time. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. - 3 - it MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20, 1993 Mr. Mirian~-expressed skepticism because of the proposal by the Legion to increase their membership. He feels a problem might be experienced by the City if this variance is granted. Mr. Sechter feels the decrease in parking will cause more of a hardship on the American Legion than it will on the neighbors. He thinks the American Legion should be given the benefit of the doubt, and he will support the granting of the variance. Mr. T1neri does not feel the reduction of the parking spaces will be a detriment to the neighborhood. Further, he does not feel it will be detrimental to the zoning and thinks the Board should be flexible in this case. He will support the variance. Vice Chainman Uleck feels that because they own Lots 4 and 5, there will be additional parking in the future. Mr. Haag pointed out that the Legion is showing new parking spaces being built on Lots 4 and 5 as part of the proposal. They propose taking down the porch on the residence and putting parking spaces in that area. Motion Ms. Solomon moved that in Case #183, American Legion, we allow this variance. Mr. T1neri seconded the motion. The Recording Secretary polled the vote. Ms. Houston Ms. Solomon Mr. Tineri Mr. Uleck Mr. Miriana Mr. Sechter No Yes Yes Yes No Yes The vote was 4-2. Attorney Cherof advised that five affinmative votes are required to grant the variance; therefore, the application for the variance fa 11 ed. From the audience, Mr. Borovy remarked that it appeared some of the people misunderstood the vote because the person who seconded the motion then voted against it. Ms. Houston advised that the person who seconded the motion voted in favor. Vice Chainman Uleck requested another vote be pOlled. The Recording Secretary poll ed the vote. Ms. Houston Ms. Solomon Mr. Tineri Mr. Uleck Mr. Miriana Mr. Sechter No Yes Yes Yes Yes Yes The vote was 5-1 in favor of GRANTING the variance. - 4 -