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AGENDA DOCUMENTS C I T Y o F BOY N TON B E A C H BOARD OF ADJUSTMENT MEETING AGE N D A DATE: Wednesday, February 22, 1995 TIME: 7:00 P.M. PLACE: Boynton Beach city Hall West wing, conference Room "C", 2nd Floor 100 E. Boynton Beach Blvd 1. Acknowledgement of Members and Visitors 2. Approval of Agenda 3. Approval of Minutes 4. Communications and Announcements 5. old Business NONE 6. New Petitions: A. Case No. 200 Location: 250 S.E. 23rd Avenue Property Owner: Dale Brisson Request: 1) 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 replace a solid buffer wall as required in Appendix A, section 4 L. of the City code. 7. other Business 8. Comments by Members 9. Adjournment NOTICE: 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. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (407)375-6013 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accomodate your request. MEH:dim .:.gndbo'.222 / ~ PRELIMINARY AGENDA BOARD OF ADJUSTMENT REGULAR MEETING DATE: Wednesday February 22, 1995 TIME: 7:00 P.M. PLACE: West Wing of City Hall - Conference Room C, 2nd Floor 100 E. Boynton Beach Blvd ---------------------------------------------------------------- A. Acknowledgement of Members and Visitors B. Approval of Agenda C. Approval of Minutes D. Communications and Announcements E. Old Business - None F. New Petitions: Case #200 Location: 252 S.E. 23rd Avenue (Southwest corner of S.E. 23rd Avenue and S.E. 2nd Street) Property Owner: Dale Brisson First Request: This request is to vary Appendix A, Section 11 H., Provision of Off-street parking 16. d. (19), to allow 26 parking spaces instead of 30 parking spaces, as required by this section. Second Request: This request is to vary Appendix A, section 4 L., Buffer Wall, to allow a vegetation barrier instead of a solid buffer wall, as required by this section. G. Other Business H. Comments by Members I. Adjournment NOTICE: 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. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact Joyce costello, (407)375-6013 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accomodate your request. MEH/pb a:prebdagd.r22 6.A BRISSON MEDICAL OFFICE BUILDING VARIANCES TO REDUCE NUMBER OF PARKING SPACES & OMIT BUFFER WALL STAFF REPORT BOARD OF ADJUSTMENT MEETING: February 22, 1995 PETITION: Case No. 200 LOCATION: 250 S.E. 23rd Avenue OWNER: Dale Brisson VARIANCE: First Request: 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. Second Request: This request is to allow the required vehicle use area vegetative barrier plus trees replace a solid buffer wall as required in Appendix A, Section 4 L. of the City Code. ANALYSIS The subject property is located in C-2 (Neighborhood Commercial) zoning district. The following is a description of the land uses and zoning districts of the properties surrounding the subj ect address. North - S.E. 23rd Avenue and commercial buildings, Commercial) . farther north there are zoned C-2 (Neighborhood East S. E. 2nd street and farther east there is the F.E.C. Railroad. South - S.E. 24th Avenue and farther south are duplex residences, zoned R-2 (Single and Two (2) Family Dwellings) . West A single family residence, zoned C-1 (Office and Professional Commercial), is on the north one-half (1/2) of the adjacent property. The south one-half (1/2) is a duplex bUilding zoned R-1-AA (Single- Family Residential). The applicant has requested site plan approval of a major site plan modification to convert an existing unoccupied restaurant/bar building to a medical office building. The property is located on the southwest corner of S.E. 23rd Avenue (Golf Road) and S.E. 2nd Street. The site is .528 acres and the area of the existing building is 5,960 square feet. A change in occupancy classification of the building from assembly (restaurant/bar) to business (medical office building) will require the site and building to be upgraded to comply with current landscape code, parking lot regulations, zoning code, handicapped code and communi ty design plan requirements. The existing building is nonconforming with respect to front and both side setbacks. The front of the property faces S. E. 23rd Avenue. The bUilding is located closest to S.E. 23rd Avenue and the new parking facility is proposed at the rear of the property with the ingress/egress on S.E. 2nd Street. The entrance to the building is depicted on the south side of the building adjacent to the parking facility. The site is located in a design district where a Spanish/Mediterranean or Modern design theme is acceptable. The applicant has designed the building in compliance with the modern design theme. The pending case is to reduce the number of required parking spaces from 30 to 26 and to omit the buffer wall required where the west side of the south one-half (1/2) of the subject commercial zoned property abuts the adjacent residential zoned property. / Page 2 Staff Report - Board of Adjustment Case No. 200 February 22, 1995 Find attached Exhibit "A" a document prepared by the applicant, which represents the statement of special conditions for the variance. The following items are provided to assist you in making your evaluation: First request: 1. In 1964 the existing restaurant was granted a variance to waive off-street parking as to the total number of parking spaces required by adding a parking to Lot 14. The drawing depicting the proposed arrangement is not available for review. (See attached Exhibit B)* 2. The zoning code Appendix A, Section 11 H.16.d.(19) requires off-street parking for medical office buildings of one (1) space per 200 square feet of gross floor area. Thirty (30) spaces would be required for the subject building. Section 11 H.16.d. (19): "Medical and dental clinics, offices, and office buildings: One (1) parking space per two hundred (200) square feet of gross floor area. If 3. The zoning code Appendix A, Section 11 H.16.d.(20) requires off-street parking for most other office buildings to be one space per 300 square feet. A building the size of the subject building would require twenty (20) spaces. Section 11 H.16.d.(20): "Offices and office buildings not listed elsewhere: One (1) parking space per three hundred (300) square feet of gross floor area." 4. The zoning code Appendix A, Section 11 H.16.d.(1) requires off-street parking for a restaurant equivalent sized to Brisson's building to be sixty (60) spaces for 5660 square feet or 80 spaces for 200 seats, whichever is larger. Section 11 H.16.d. (1): Restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one- half (2.5) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. Second Request: 1. The City code Appendix A, Section 4 L. requires a buffer wall where a commercial or industrial zoning district abuts a residential district. The code then indicates that where a C-1 (Office or Commercial Professional) district abuts a residential district a dense vegetative buffer may replace the wall. The south one-half (1/2) of the subject commercially zoned property abuts a residential zoning district. J Page 3 staff Report - Board of Adjustment Case No. 200 February 22, 1995 Section 4 L: "BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and/or industrial district abuts a residential district, a solid stucco masonry wall painted on both sides at least (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. with respect to the C-1 (Office and Commercial Professional District), the solid masonry wall may be replaced with a dense vegetative buffer of at least two (2) feet in height at the time of planting. Said vegetative buffer to be maintained by the project developer." 2. A wall is not required on the north one-half (1/2) of the property where the adjacent lot to the west is zoned C-l even though a single-family house occupies the lot. 3. Article II landscape code Section 7.5-35 (e) perimeter landscaping relating to abutting properties, describes a landscaped barrier as does the definition called out in Article II, Section 7.5-33(b)(3) and Article II, Section 7.5-35(c)(3) &(4) . Section 7.5-35 (e): "Perimeter landscaping relating to abutting properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscaped barrier, preferably a hedge not less than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than two and one-half (2 1/2) feet in width. The provisions of this subsection shall not be applicable in the following situations: 1. When a property line abuts a dedicated alley. 2. Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this article." 3 Page 4 Staff Report - Board of Adjustment Case No. 200 February 22, 1995 Section 7.5-33 (b) (3): "Landscape screen or barrier: Such screen shall be planted and maintained to form a continuous screen of plant material within a maximum of three (3) years after time of planting. The screen or barrier may be either sheared or natural, symmetrical or asymmetrical and shall be at least four (4) feet in height but not higher than six (6) feet. Walls or fences used as landscape screens or barriers shall be constructed in accordance with the requirements of the Boynton Beach building Code and landscaped in accordance with the requirements set forth herein." Section 7.5-33(c)(3): "Shrubs and hedges. Shrubs and hedges shall be minimum of eighteen (18) inches in height and two ( 2) feet on the center when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting. II Section 7.5-33 (c) (4) : "Vines. 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" ~ 1 \ ~ ~ !- Ii \ t; t\ \~\\\\ . . ~t .t l" l \\\~ \ \~,;I ~\n~'~ n ,'\\! \,11\\\ \\ \\ ~ .... ~~ \~ ,,1\ ;~\~ \ n:~ :. ,..... "i- . ., " ., c. ~i;\ ...... ..I' t';. It '"'.. e~. U; ilS · fl ~~" "" ~': " l~ 1Q '" . I ,., ",'" ~~ .... ~~ ;= :1;'" .0 ",.. o ~~\~\ \1..'\ nt10- U,~l~ ~a\~\ "~l\ Jll.i\ ..1 .. .. Il:<\i\ Q; ii : ~ 'il-.. '1<1 ~(t, G' ~I/t~ ~ . r- ~ ~~ .. ~n.. ': "'V~ ~ - ~ ~ I r4'I \ I I I I I I ~ I f ~ I -I ~ I ~ ::lJ I ~r~i~ \ t' ;i: i I' fiS: ~ a 1 I I e. ... i ~ " ~ \t .- -:.. - -- . \ r-" ~\~ i .. ,..\ 1 'l ~ ..~'iI f. ~, t\ \'~ f' . i;'~ ~ ~\ \~ : i 'l ... ~ ~ \ C) <I ~'" C' '\ \ "." . . . L~\ _ ~V(~ \ , C.., <I ~+. C' ~ \~\ ~\ ~\ srrE PLl\N 1'l\OMl\S J. TWOMEY.. p.E. , ~ i BR\SSON MED\Cl\\... / OFFiCE BU\\...DiNG 2602 s DIXIE Inl'{ '-J -> l.01S 13 &< 14 1lEST r ~l.~1 ilt;A.C\I. f\..OttlUA . l407) 6'32 7662 pAUl BEACU coUNT'!, f\..OttlD~ .. 3 ~Nt1TES OF MEETING OF BOARD OF ADJUSTMENT, HELD IN CITY HALL, ~OnlTON BEACH. FLORIDA, JUNE 19, 1964; 5 :00 P.M. present: George Davis, Chairman M. L. Doughty William Yates Jay Sarno Col. wehrell ( Alternate) Absent: Dave Swank The Chairman called the meeting to order and announced the ~sence of Mr. Swank; the presence of Col. Wehrell and Mr. John ~omas in the audience. Col. Wehrell was serving on the Board in the absence of Mr. Swank. Public Hearing was called on the following application: Alfred and Maria Carpanzano, owners of Lots 13 and 14 High Point have requested the use of Lot 14 for supple- mental off-street parking which will be required for proposed expansion of Alfredo's Restaurant. And the waiving of the off-street parking regulations as to the total number of parking spaces required. Address: 2405 S. E. 2nd Street ~. Carpanzano, the applicant, and Mr. Spry, architect for Mr. Car- ~nzano, were present. Mr. Spry spoke for the applicants. He e~lained to the Board that Mr. Carpanzano was expanding his facili- ties, known as "Alfredo's" a restaurant, and that they were request- ing the use of Lot 14 as supplementary off- street parking. In order to get a liquor license the seating capacity had to be a minimum of 200 seats which is required by the State Beverage Commission, but iliat when they expand to 200 seats they would be unable to meet the City regulations regarding off-street parking. They are caught in a bind between the State Beverage Agency for minimum seating and the City off-street parking regulations. Mr. Spry stated that with the use of Lot 14, High Point, they would have parking space for 52 cars. There were no objections made to the requests either in person or in writing. Mr. Nicholas Fornaby was present and said a few words in favor of the application. Mr. Doughty moved that the requests be granted that the use of ~t 14, High Point, for supplemental parking be granted and the off- street parking regulation be waived. Mr. Sarno seconded. Carried unanimously. 00 J/\N S I 1995 meeting 00 was adjourned at The m@ffiowm PLM.1NING AND .1llll.lIW~ I1[;DT_ /3 -.---. -~-_., .-- ----- ~- t) t BOTICE or PUBLIC BJW\IJIG BErORE 'lBB BOARD or ADJl1S'J.'MBft CIn or BOYnOB BF.ACB Alfr.d .nd M.ri. C.rp.naano, own.r. ot Lot la., Biah Po1nt, hay. r.qu..ted the tollCN1n& v.r1anc.., 1. Th. u.. ot Lot la., B1&h POintl tor .uppl.- mantar, oft-.treet park1n& vh ch v1l1 be required tor propo.ed expan.10n ot Alfr.do'. Restaurant. 2. Th. w~1v1na ot the ott-street parkina reau- lat10n as to the total number ot park1n& sp.c.s requir.d. Addr.ss: 2405 S. E. 2nd Stre.t HEARING WILL BE HELD Ilf THE CCUIfCIL CHAMBERS, BOYNTeN BEACH CIn HALL, JUNE 19, l~, AT 5:00 P.M. Lea.l .dv.rti..ment .pp~.r. in the 1!o7nton Beach Star on June 11th and 18th, 19~. ObJect10n. mal b. h..rd 1n per.on .t the me.ttnc or t~l.d in writina prior to h.ariq date. If further 1ntol'lllation is desir.a, pl.... c.ll 73~-81la., City Clerk's ottic.. June 10th, 1961+- TEREiSA PADGE'l"l' CITY CLEIUC CITY OF BCYNTON BEACH ."~L.\ { .l . , -_._.~-- -----~ ____._h~._____ ""_ LOCAT\ON "'lAP aR\SSON ME.O\CAL CE.N'TE.R .... , , ,;~~;,\\f,I.i. I, ,i\\l" e' "cr~ ~.~~ \~ I~:i)==~t:=--,.;, "II .~ _ '" 0. u.....' _" ~. 1 \ ,\\ill'!-." -" 'I'C ' ",:lel, ." 1""" ~~ I . , ' \','1' , _, r ,"~ . L \ \1, ',l\ ~ I rt~: > ~ ,..J;-ti.v... ~ \1\1"\\" ".,,-...,,~' -: \\1- ['1'\ " \ :II I l' '\ . .\ ' . .... .. .'" , ' t;' , ' .. . ~~I' ~\. ,\ ,U ~ T ~ ~~ ~: .~, --. "V,. '.~ .>;,W'lc:?' ;.. . ~ \ <TI1' ," T \ \' ~. . '\~. ~ / ,;l.~~ ~ ~ .... '\\ ~ _ . ,I.:::: ,,.,. , ... Ill""'. \ ,II ' . '.' 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