LEGAL APPROVAL
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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
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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.
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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