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LEGAL APPROVAL CITY OF BOYNTON BEACH ORDER BOARD OF ADJUSTMENT CASE #191 Property Owners: George Culverhouse 623 Railroad Avenue Boynton Beach, FL The application for a variance of George Culverhouse, for relief from Section 5 Article X Parking Lots, for a reduction of seven (7) parking spaces for an Auto Body Repair business, was denied on January 19, 1994. A copy of the minutes of the meeting Dated: reflecting the basis for such ruling is attached hereto. / .. / /;/ I I ;;1 / i' '/ JJ / . 1;/ Vernon 'ThompS9t1 1)/ Board Chairman / ,).i "... /1 1/) %e City of 'Boynton 'Beacli 100 'E. flJoynton tJJeadi. flJoulevartf P.O. flJo:t310 flJoynton flJeadi.,:JtQritfa. 33425-0310 City:Jfafl: (407) 375-6000 7"JU: (407) 375-6090 January 20, 1994 RE: BOARD OF ADJUSTMENT CASE #191 Mr. George Culverhouse RE: Boyd's and McCord, Inc. 623 North Railroad Avenue Boynton Beach, FL Dear Mr. Culverhouse: Your request for a variance regarding the above referenced case was denied by the Board of Adjustment at their January 19, 1994 meeting. If I can be of further assistance, please contact me. Sincerely, ~ '9- dydt___ Tambri J. Heyden Acting Planning and Zoning Director TJH/cmc a:culverh xc: Al Newbold 51merU:.a's gateway to tne gufjStream ,-"-,,;,^,,.';..:.~:';~'-':,..~ .'-;':--'~"<""""""-' MINUTES - BOARD OF ADJUS', HT MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1994 Phyllts Dolaslager. 2770 Floral Road. expressed concern that the parking at Boynton Lakes Plaza not turn out like the parking at Meadows Square. Mr. Goins stated that Boynton Lakes Plaza has more parking per square foot bullding than Meadows Square. He claims the parking ratios throughout the State have gotten more strict since Meadows Square was built. Mr. Haag said that unless Meadows Square received a variance, they would have the correct amount of parking spaces per Code. The Code requires one space for every 200 square feet of leasable space, and the Code has not been changed since that center was built. Mr. Haag pointed out that Meadows Square has parking behind the store, but many people do not like to use those spaces. Calvtn Cearley. Prestdent. Chamber of Commerce. 639 E. Ocean Avenue. spoke in favor of granting this variance. The addition of two outparcels will probably employ thirty (30) people and the Chamber is anxious to bring in as many busi- nesses as possible. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK ON THIS APPLICATION. Ms. Solomon was in favor of approving this application because the reduction of twenty-seven (27) spaces is reasonable. Mr. Miriana supports the granting of the variance because it is only a 4% reduc- tion and some of the square footage has been taken up by space which will not generate traffic. Mr. Garnsey also supports the granting of this variance because 4% is not a significant reduction and it is important to bring businesses into . the City to increase the tax base so that citizens will not have to pay higher taxes and fees for disposal of trash, e~c. Vice Chainman Uleck also supports the 4% reduction because he feels it is a fair request. Motton Ms. Solomon moved that we approve the reduction of twenty-seven (27) parking spaces at 4740 North Congress Avenue. Mr. Sechter seconded the motion. The Recording Secretary polled the vote, which carried 7-0. Case #191 623 Ratlroad Avenue Property Owner: Request: George Culverhouse A variance to reduce the required number of parking spaces for an Auto Body Repair business. The request is for a reduction of seven (7) parking spaces. There are eleven (11) parking spaces existing on site. The new use will require a total of eighteen (18) spaces. Secretary Houston read the request and the applicant's response to the statement of special conditions, hardships or reasons to justify the granting of a variance. - 3 - '41NUTES - BOARD OF ADJUST IT MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1994 Dave Beasley~ 623 North Railroad Avenue~ said the intended use is an auto body shop. Since Mr. Culverhouse purchased this property, it has been a general contracting business. Mr. Culverhouse will have three employees in addition to himself at this proposed auto body shop. At present, there are eleven spaces available. Six of the spaces are in the rear of the building. The applicant does not anticipate any cars being worked on being outside the building. . With regard to the surrounding area, there are approximately six auto body shops within a two-block area as well as towing contractors. Many of the businesses have no parking at all. A great deal of parking takes place on the right-of- way. The granting of this variance will not increase that problem. Vice Chainman Uleck stated there is a problem with cars parking on both sides of the street in this area. Mr. Miriana questioned what the area on the north side of the building will be used for. Mr. Beasley stated it is a loading area, which is required. Mr. Miriana asked if some of that area could be designated as parking. Mr. Beasley said the area is too narrow for a one-way drive as far as parking lot regula- tions are concerned. In response to a question from Secretary Houston, Mr. Beasley advised that eight vehicles can fit inside the structure. Mr. Sechter is familiar with Mr. Culverhouse's excellent reputation because of the construction he has done on many of the older homes in Hunter's Run. He will support this request for variance because it will bring another commercial establishment into a commercial area which does not need the parking spaces. Calvin Cearley~ President of Prime Bank~ 211 South Federal HiahWlY~ said his bank holds the mortgage on this property and they do not object to this use. The Chamber of Commerce is also in favor of this use because it brings addi- tional business to Boynton Beach and provides employment opportunities. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. Ms. Solomon feels there is no need for the additional spaces in this instance and this business can function well with the current number of parking spaces. Mr. Miriana feels it would be a hardship on the owners of the property to require the additional spaces. This business is in an area where there are many auto body shops already. He will support the granting of the variance. Secretary Houston questioned whether this is an existing business which is relo- cating from another area. Mr. Beasley advised that Boyd's and McCord's, Inc. of Del ray Beach will be taking over this area. Secretary Houston questioned why this finm is moving to Boynton Beach. Mr. Beasley advised that the potential to purchase this building is the main reason for the move. - 4 - MINUTES - BOARD OF ADJUS"" IT MEETING BOYNTON BEACH. FLORIDA JANUARY 19. 1994 Motion Mr. Miriana moved that we GRANT the variance in Case #191 of eleven parking spaces which are at present on the premises. Mr. Garnsey seconded the motion. The Recording Secretary polled the vote. The vote FAILED 4-3. (Ms. Houston, and Messrs. Tineri and Uleck cast the dissenting votes.) Case #188 815 Bamboo Lane Property Owner: Request: Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the pro- posed construction of a garage to be attached to the west side of the existing residential structure · . . . . · · . · . · . . . . · . . · · . · · · . . . · . . . . . . . . . . . . . . . . . . TABLED Motion Mr. Garnsey moved to remove Case #188 from the table. Ms. Solomon seconded the motion, which carried unanimously. Secretary Houston read the request and the applicant's response to the special conditions, hardships or reasons for granting a variance. She also read the correspondence from five neighbors including Roy Chin, Robert J. Fay, Charles Nicholas, M. G. Hood, and Joseph DeFeo. Secretary Houston read a memorandum to the Chainman and Members of the Board of Adjustment from Mr. Haag, dated December 16, 1993, wherein he explains that the City Commission and Planning and Development Board would have to consider this request for a waiver of plat prior to consideration by the Board of Adjustment. Mr. Haag advised that the City Commission, on January 18, 1994, approved the waiver of plat on the DeFeo property. Mr. Miriana feels letters of recommendation which are submitted by people living outside City limits should not be introduced to the Board. The City Attorney previously advised that the Board could disregard the letter if it chose to do so. Attorney Levy said it is the Board's decision whether or not to consider consider them. Mr. Garnsey noted these letters are from residents in the im- mediate vicinity of this property. Mr. Haag pointed out that public notice is given to the people within 400 feet of the property whether they are inside or outside the City limits. Vice Chairman Uleck questioned how much of the property the City Commission accepted. Mr. Haag explained that the east side, right-hand side of the DeFeo property, is the City boundary. His neighbor to the east is not in the City limits. Bamboo Lane to the south is not in Boynton Beach. Mr. Garnsey explained that this property was subdivided by Sun Wah without ever being approved for subdivision. City staff requested that subdivision take place. The City Commission approved the subdivision at last night's meeting. Joseph DeFeo, 815 Bamboo Lane, said his request is to construct a garage for the purpose of storing his personal lawn maintenance equipment and his vehicle. - 5 - NOTICE OF PUBLIC HEARING n(~ HaQ (MVa:J ('^~ ) HOTICB IS BBRBBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the variance as indicated, under and pursuant to the provisions of the Zoning Code of said City: Case #191 OWner/Agent: George Culverhouse (OWner) David Beasley (Agent) Requested Variance: The applicant is requesting to reduce the required number of parking spaces for an Auto Body Repair business. The request is for a reduction of seven (7) parking spaces. Location: 623 Railroad Avenue Legal Description: LOT 60, LESS THE SOUTH 15. 5 FEET THEREOF AND LOT 61, ARDEN PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A PUBLIC 8EARIN~ will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, West Wing Conference Room "C"1. Boynton Beach, Florida on Wednesday, January 19, 1994 at 7:00 p.m. Notice of a requested variance is sent to property own~rs within 400 feet of the applicant's property to give them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed-in writing prior to hearing date. If further information is desired, call 375-6061, City Clerk's Office. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment 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 SUZANNE M. KRUSE, C.M.C. CITY CLERK PUBLISH: BOYNTON BEACH NEWS January 3 and 6, 1994 ,/1 /\ .~ \