LEGAL APPROVAL
tJ1ie City of
'Boynton $each
100 'E. 'Boynton 'Beadt. 'Boufevani
P.O. 'Bo'{.3l0
'Boynton 'Bead,., ~forida 33425-0310
City 1faU: (407) 375-6000
~.PLX: (407) 375-6090
February 24, 1994
RE: BOARD OF ADJUS~mNT CASE #192
Carl Linder
1613 S.W. 3rd Street
Boynton Beach, FL
Dear Mr. Lindner:
Your request for a variance regarding the above referenced case was
approved by the Board of Adjustment at their February 23, 1994
meeting.
If I can be of further assistance, please contact me.
Sincerely,
~ .J' I. .
~~ - .rydL-
Tambri J. HeY~
Acting Planning and zoning Director
TJH/cmc
a: Lindner
~merUa's qateway to tlie qulfstream
MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 23, 1994
_ A variance to reduce the required rear setback from forty
(40) feet to thirty-two (32) feet. The request is in con-
nection with the proposed expansion of the existing facil-
ity.
Chairman Thompson explained the purpose of the Board and how it reaches ,a deci-
sion. He advised that once the Board makes a decision, the only recourse the
applicant has is through the court. He stated that the Board does not want to
deny a person the use of his property and that the purpose of the Board is to
make sure no self-imposed hardship exists.
Request
Mr. Miriana read the applicant's request and the six criteria which the Board
takes into consideration when rendering a decision on a variance.
Mr. Lindner stated that he would like to provide more supportive services to the
community. He explained that the property is irregular and that this slight
adjustment of eight feet will not affect any of the abutting property owners
because the area is the northwest section and runs into the 1-95 setback.
The members of the Board reviewed the site plan. Mr. Lindner stated that he is
requesting an addition of roughly 1,747 square feet. He explained that the
administrator of the facility shares an eight foot by eight foot windowless
office with two other people and that this is not conducive to a facility that
supports the community. In addition, sick people cannot be isolated.
Furthenmore, there is no room to accommodate visitors.
IN RESPONSE TO CHAIRMAN THOMPSON, NO ONE PRESENT WISHED TO SPEAK AGAINST
GRANTING THE VARIANCE.
Mr. Miriana read into the record a letter from Martin J. Garvey, dated
February 23, 1994, requesting that a better means of entry and exit be created,
or that the variance be rejected until such time as this improvement can be
made. Mr. Miriana felt the letter was misleading because it states there is
only one access to the facility when there are, in fact, two other entrances.
Chainman Thompson pointed out that this is not the Board's concern. Mr. Tineri
did not believe the addition would create any more traffic.
Chainman Thompson felt a hardship exists due to the shape of the property.
Motion
Vice Chainman Uleck moved to grant Mr. Carl Lindner a variance to reduce the
required rear setback from forty (40) feet to thirty-two (32) feet. Mr. Miriana
seconded the motion. A roll call vote was polled by the Recording Secretary.
The motion carried 5-0.
E. OTHER BUSINESS
None.
- 2 -
MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN
COMMISSION CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA.
ON WEDNESDAY. FEBRUARY 23. 1994. AT 7:00 P. M.
PRESENT
Vernon Thompson, Chainman
Ben U1eck, Vice Chainman
Barkley Garnsey
Nello Tineri
James Miriana
Mike Haag, Zoning and Site Development
Administrator
Leonard Rubin, Assistant City Attorney
ABSENT
Rayche1 Houston (Excused)
Henrietta Solomon (Excused)
Irving Sechter, Alternate
A. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chainman Thompson called the meeting to order at 7:03 P. M. He advised the
applicant that only five members of the Board are present tonight and that it
would take five affinmative votes to grant the variance. One negative vote
would deny the variance. He gave him the choice to have his case heard tonight
or wait until the next meeting when, hopefully, all seven members would be pres-
ent. Mr. Lindner opted to have his request heard tonight.
Chainman Thompson introduced the Board members, the Recording Secretary, the
Assistant City Attorney, and Mr. Haag. He welcomed Commissioner Robert Walshak
to the meeting.
B. AGENDA APPROVAL
There were no additions, deletions, or corrections to the agenda.
C. APPROVAL OF MINUTES
Mr. Haag corrected the last two sentences in the second to the last paragraph on
page 6 of the January 19, 1994 minutes as follows:
lilt came into the City under R-1-AA zoning. In 1962, the zoning was changed
from R-l-AA to C-1 and then back to R-1-AA."
Motion
Mr. Tineri moved to approve the January 19, 1994 minutes as amended.
Mr. Garnsey seconded the motion, which carried unanimously.
D. NEW PETITIONS
Case '192 - 1613 S. W. 3rd Street
Property OWner - Carl Lindner
- 1 -
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY 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 #192
OWner:
Carl Lindner
Requested
Variance:
To reduce the required rear setback from forty
(40) feet to thirty-two (32) feet. The request
is in connection with the proposed expansion of
the existing facility.
Location:
1613 S.W. 3rd Street
Legal
Description:
Part of Tract 9 of the subdivision of the west
three quarters of Section 33, Township 45
south, range 43 east, according to the plat
thereof, recorded in Plat Book 1, Page 4, of
the Public Records of Palm Beach County,
Florida, being in the City of BOYnton Beach,
Florida, and more particularly described as
follows:
Beginning at the intersection of the westerly
right-of-way line of S.W. 3rd Street with the
southerly right-of-way line qf S.W. 15th
Avenue (Woolbright Road) as shown on the
right-of-way map for 1-95 (SR9) on page 24
thereof; thence on an assumed bearing of south
01 degree 28 minutes 22 seconds east, along
westerly right-of-way line of S.W. 3rd Street
a distance of 283.63 feet; thence south 89
degrees 52 minutes 41 seconds west, a
distance 378.07 feet; thence north 21 degrees
49 minutes 11 seconds east, a distance of
27.41 feet; thence north 51 degrees 13 minutes
38 seconds east, a distance of 413.20 feet;
thence north 89 degrees 50 minutes 25 seconds
east, a distance of 38.48 feet to the Point
of Beginning.
Parcel containing 61,821.42 s.f. or 1.42 acres
more or less.
Use:
Adult Congregate Living Facility
A PUBLIC HEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, West Wing, Conference Room
"C", Boynton Beach, Florida, on Wednesday, February 23, 1994, at
7:00 P.M.
Notice of a requested variance is sent to property owners 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 (407)375-6060, Ci
00
2 1994
\ ,....'-
NOTICE OF PUBLIC BEARING
Page Two -
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
February 3 and 10, 1994