LEGAL APPROVAL
tJJie City of
'.Boynton '.Beacli
100 'E. 'Boynton 'Beam 'Boulevard
P.O. 'Bo~310
'Boynton 'BUJ(;~ ~foritia 33425-0310
City:Jfa[[: (407) 375-6000
~.5U: (407) 375-6090
September 22, 1994
Ms. Carol White
140 SE 6th Avenue
Boynton Beach, FL 33435
Re: Board of Adjustment Case #197
215 SE 8th Avenue
Dear Ms. White:
Your request for a variance regarding the above referenced case was
approved by the Board of Adjustment at their september 19, 1994
meeting. The approval is subj ect to you preparing a deed with
restrictions being placed on the subject property. The deed
restrictions shall resolve the issues described in the motion for
Case #197 as identified on Page 3 of the Minutes from the september
19,1994, Board of Adjustment meeting (find attached). The legal
document identifying the deed restrictions shall be reviewed and
approved by staff and the City Attorney prior to you signing and
recording it in the Records of Palm Beach County. To bring the
variance proceedings to a close, a copy of the properly executed
and recorded document shall be submitted to the Planning and Zoning
Department of the City of Boynton Beach. A copy of the recorded
document shall be on file with the City before a building permit(s)
can be issued to correct the illegally constructed roof structure.
If I can be of further assistance, please contact me.
Sincerely,
~~~~~~
Planning and Zoning Director
TJH/mja
XC: Building Official
Case File
central File
;<Inurica's (jateway to tlie (juifstream
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MINUTES - BOARD OF An ;TMENT MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1994
Nomination
Ms. Houston nominated Nello Tineri as Secretary of the Board.
Mr. Tineri advised that he is involved with a local lodge and is also involved
at the State level. Since his involvement demands a great deal of his time, he
declined the nomination.
Nomination
Vice Chainman Miriana nominated Raychel Houston as Secretary of the Board.
With no one else wishing to make a nomination, the nominations were closed, and
Ms. Houston accepted the position.
OLD BUSINESS
None
NEW PETITIONS:
The Recording Secretary administered the oath to all who would be testifying
during these proceedings.
215 SE 8th Avenue
Carol White
Applicant requests to reduce the rear setback
of 201 (required) to 216u.
Secretary Houston advised that this request is for a variance to Boynton Beach
Code of Ordinances, Appendix A-Zoning, Section 8.A.6. She read the "Statement
of Special Conditions" submitted by the petitioner.
Case '197
Property Owner:
Request:
Carol White. 140 SE 6th Avenue. said she is requesting this variance on behalf
of her tenant since the roof involved is important to his business.
Chainman Thompson requested clarification from Mr. Haag with regard to the
structure. Mr. Haag advised that the setback on this property is 201. When
this building was constructed, which was in 1976/77, it met the setback require-
ments. The violation of the required setbacks was discovered by Code Enforce-
ment. When the tenant applied for the penmit, it was denied because it did not
meet the setback.
Mr. Tineri requested clarification on the word "structure". Mr. Haag advised
that anything with a hard roof is a structure and must meet the setbacks.
Mr. Tineri questioned how this structure will be used. Ms. White said it is
used to cover electrical equipment.
Vice Chainman Miriana asked Ms. White if this structure was built with her per-
mission. Ms. White said she did not object to it.
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MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1994
Ms. Houston asked whether or not Ms. White was aware of the fact that the tenant
was building this structure. Ms. White said she could not remember.
Ms. Houston inquired as to when the tenant attempted to get a permit from the
City. Mr. Haag said that in looking at the permit number, #93-5058, it appears
it was issued in December of 1993, or January of 1994. It was voided on 7/6/94
due to lack of action taken.
Mr. Tineri confirmed with Ms. White that she is willing to sign an affidavit, as
stated on Page 6 of the staff report, Exhibit "A", Item lip, whereby thi s area
will never be enclosed. He advised her that if she ever sells the property, the
new property owner would have to be informed of this affidavit.
CHAIRMAN THOMPSON ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS PETITION.
Vice Chairman Miriana inquired as to whether or not the granting of this
variance would make it permissible for new owners to enclose the structure. Mr.
Haag advised that the Board could put a condition on the variance that the
structure cannot be enclosed. He further advised that a deed restriction can be
included so that the recorded deed would show the restriction. Attorney Rubin
said a recorded document would be binding on any persons acquiring the property.
Motton
Vice Chairman Miriana moved to GRANT the request with the conditions being that
only if the present tenant occupies the building and any change other than the
present tenant or ownership of the property, then the structure would have to be
removed. Mr. Tineri seconded the motion.
Mr. Tineri requested that the motion be amended to include a letter from the
owner as stated on Page 6, Item E, that she is willing to sign an affidavit and
a deed restriction stating that the structure will not be permitted to have the
three closed sides.
Vice Chairman Miriana accepted the amendment to the motion.
The Recording Secretary polled the vote. The vote was 5-1 to grant the
variance. (Ms. Houston cast the dissenting vote.)
Northeast corner of Plaza Lane and Congress
Avenue (Boynton Lakes Plaza)
Boynton Lakes Plaza Partnership
Applicant requests to eliminate the loading zone
requirement for a restaurant.
Secretary Houston read the application. The address of this property is 4742
North Congress Avenue (Boynton Lakes Plaza, Outparcel "A"). The variance is a
request for relief from the requirements of Appendix A-Zoning, Section 11, J. 1.
and 2.a.
Ca.se '198
Property Owner:
Request:
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