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LEGAL APPROVAL - .'--'\ fJ1ie City of r.Boynton r.Beacli 100 'E. 'Boynton 'Buuli 'Boukvartf P.D, 'Bo~310 'Boynton 'Beadi., :Florida 33425-0310 City:Jfafl: (407) 375-6000 :F.9lX: (407) 375-6090 February 24, 1995 Dale Brisson 2815 Hampton Circle East Delray Beach, Florida 33445 Re: Brisson Medical Office Building Board of Adjustment Case #200 Variances: Reduce Number of Parking spaces and Omit Buffer Wall Dear Mr, Brisson: Your request for the variances regarding the above referenced case was approved by the Board of Adjustment at their February 22, 1995 meeting. If I can be of further assistance, please contact me, sincerely, /' ~,dltL. fl- ~~ Tambri J, Heyaen ' planning and Zoning Director TJH:dim a:!lprvboll;.hri .9LmerUa's qateway to tIU qui/stream MINUTES - BOARD Of lJUSTMENT MEETING BOYNTON BEACH, FlOktDA FEBRUARY 22, 1995 OLD BUSINESS None NEW PETITIONS A. Case No. 200 Location: Property OWner: 250 SE 23rd Avenue Dale Brisson This request is to allow twenty-six (26) parking spaces instead of thirty (30) parking spaces as required by Appendix A, Section 11 H.16.d.(19) of the City Code. 2) This request is to allow the required vehicle use area vegetative barrier plus trees to replace a solid buffer wall as required in Appendix A, Section 4 L. of the City Code. 1) Request: Mr. Miriana read the application and the statement of special conditions, hard- ships or reasons justifying the requested exception or variance. Commissioner Katz reported that this project appeared for consideration before the City Commission last night. Although he is an elected official, he was not present this evening in that capacity. He is present as a resident of the area in which this project is located. He asked for clarification from the City Attorney on whether or not his presence created any problems because he is an elected official. Attorney Rubin responded negatively. The Recording Secretary administered the oath to all who would be testifying during these proceedings. Dale Brisson, 2815 Hamoton Circle East, Delray Beach, is the owner of the prop- erty. The use intended for this property is a medical use. It fits well into the area because of similar uses along this street. By converting the use from a bar/restaurant to a medical use, cleaning up the building, and remodeling the outside, it will drastically improve the appearance of the area. The use being proposed will be a daytime use. He is opposed to a buffer wall because of the problems being experienced with graffi ti. Mr. Miriana pointed out that during last night's City Commission meeting, there was a change on the site plan with regard to the parking lot, and a dumpster was added in the parking area. In reviewing the rendering of the parking lot, he could not locate the twenty-six (26) spaces. In addition, if a dumpster is added, parking will be decreased even further. He asked for confinmation that there will be twenty-six (26) parking spaces at this location. Mr. Brisson confinmed this fact. - 2 - MINUTES - BOARD or JJUSTMENT MEETING BOYNTON BEACH. FLORIDA FEBRUARY 22. 1995 Mr. Haag further explained that the dumpster enclosure, which was approved to be installed on the site, will not affect any parking spaces. There will be twenty-six spaces. CHAIRMAN THOMPSON OPENED THE PUBLIC HEARING, BY REQUESTING THOSE IN FAVOR OF THE APPLICATION TO SPEAK FIRST. Tom TWomey. Project Engineer. 2602 South Dixie HighWlY. West Palm Beach. advised that the size of the building will not be increased. The outside of the building will be cleaned up and features will be added. The pavement along 23rd Avenue will be removed, and grass will be added. The entrance to the building will be on the south side from the parking lot. No problems with traffic flow are anticipated. This is an odd-shaped building they are working with, and they are trying to do the best possible job. David Katz. 162 SE 27th Place. said he has lived in this area, close to this project, for thirteen years. This location has been a failed location for many of those years. The building has been empty and dilapidated for at least eight years. As a resident, he would hate to see this project fail to move forward for the lack of four parking spaces. He feels this project will be a major improvement to 23rd Avenue and the surrounding area. The old nonconfonming sign will be removed and replaced with proper signage. The front of the building will be beautified and ground shrubbery will be planted. Mr. Katz said there is an OB/GYN clinic in the area which has a buffer wall. That wall is an ongoing easel for graffiti. The applicant is willing to install a chain link fence with dense shrubbery which will furnish noise buffering. He urged the members to support these requests. Agnes Stoner. 246 SE 23rd Avenue. has lived next door to this property for forty years. She expressed concern about whether or not the drainage from this proj- ect will run off onto her property. Mr. Twomey explained that the drainage will slope to the east. Because of that, her property will not be affected. The project will drain toward the railroad tracks. In response to Mrs. Stoner's concern regarding noise, Mr. Brisson said this use will not generate a great deal of noise, and he does not believe that will ever be an issue. Chainman Thompson confinmed with Mr. Haag that it is the City's responsibility to ensure that this project does not drain off onto surrounding properties. Mr. Haag further pointed out that by omitting the parking spaces along Golf Road, more pervious area is being added. This will help absorb water. Richard ROWland. 236 SE 25th Avenue. questioned whether or not there will be sidewalks added around the easements. Mr. Brisson advised that at the City Commission's request, he will be adding sidewalks from the west of the property, circling around to where the driveway enters. However, the sidewalks will not go all the way around the parking lot. - 3 - MINUTES - BOARD OF JJUSTMENT MEETING BOYNTON BEACH, FLORIDA FEBRUARY 22, 1995 It was confinmed for Mr. Rowland that there will be handicap parking spaces on this site. Jean Wolfe, 236 SE 25th Avenue, supports this project because she feels it will be an improvement to the area. She further prefers a vegetative buffer to a wall. Joan Myers, owner of the dUDlex located at 243 and 245 SE 24th Avenue, is sup- portive of the project and the variance with regard to the parking spaces. She is concerned about the vegetative buffer. Abutting her property, there is a broken-down existing fence. Mr. Brisson said a wooden fence was installed years ago. It is unknown whether or not a penmit was issued, and it is unknown who is responsible for it. During a stonm, one of the panels fell down. Mr. Brisson stated that even just a hedge will be an improvement to what currently exists. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK IN OPPOSITION OF THESE REQUESTS. Chainman Thompson advised that each case is based on its own merit. Many variances have been denied because of parking issues. In this case, he is not as concerned with the parking as he is with the fact that this building has been vacant for a very long time. Furthenmore, if he was a resident of this com- munity, he would prefer a use other than a bar/restaurant. Mr. Haag requested that the members turn to Page 8 of the back-up material which depicted a map. He counted along with the members so that they were convinced that there will be twenty-six spaces. Mr. Tineri supports this project and feels that the change from a bar to a medi- cal use would be,an asset to the City. Mr. Uleck feels making this a medical building will improve the area. He will support this request. Mr. Miriana will support this project because it will be an asset to the City and will clean up that corner. He further recommends the use of a vegetative buffer rather than a wall. Motion Mr. Miriana moved, in Case 200, location 250 SE 23rd Avenue, that the request to allow twenty-six (26) parking spaces instead of thirty (30) be granted to the applicant. Mr. Uleck seconded the motion. The Recording Secretary polled the vote. The vote was unanimous to GRANT the variance. Motion Mr. Miriana moved, in Case 200, location 250 SE 23rd Avenue, Second Request, to allow the required vehicle use area vegetative barrier plus trees to replace a solid buffer wall as required in Appendix A, Section 4 L. of the City Code. Mr. Uleck seconded the motion. The Recording Secretary polled the vote. The vote was unanimous to GRANT the variance. - 4 - REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannina and Zonina Department PREPARED BY: Tambri J, Hevden DATE PREPARED: 1-25-95 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Case # 200 - 250 23rd Avenue, Bovnton Bepch SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc,) Standard Leaal Ad for Board of Adiustment meetinq on February 22, 1995, SEND COPIES OF AD TO: Newspaper, property owners within 400 feet of subiect property, the applicant and the Director of Planninq and Zonina. NEWSPAPER(S) TO PUBLISH: DATE(S) TO BE PUBLISHED: To be determined by City Clerk To be determined by City Clerk APPROVED ~Y: ~ (1) .,Jhh~~ (Department' ead) . ;b/qg- / (Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:CASE#200,PUB 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 a hearing as indicated, under and pursuant to the provisions of the zonina code of said City: Case # 200 Owner: Dale Brisson Requested Variance: 1. The request is to vary Section 11,H,16,d.(19) of Appendix A - Zoning regarding the required number of parking spaces for a medical office building. The Code requires 1 space per 200 square feet of gross floor area, The total required by Code is 30 parking spaces and the request is for 4 less or 26 parking spaces, 2, This request is to vary Section 4 L, of Appendix A to delete the required buffer wall between subject property and the residential neighborhood beyond, Location: 250 23rd Avenue, Boynton Beach Legal Description: Lots 13 and 14, Plat of Highpoint, according to the Plat thereof recorded in Plat Book 23, Page 225, Public Records of Palm Beach County, Florida, Proposed Use: A Medical Office Building is proposed on the site, A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Wednesday, February 22, 1995, at 1:00 P,M. Notice of a requested variance is sent to property owners within 300 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 375-6062, 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 CITY CLERK PUBLISH: BOYNTON BEACH NEWS A:CASE#200.LGL BOA