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LEGAL APPROVAL rrFie City of tJ3oynton tJ3eacn 100 'E. 'Boynton tJJeadr. iJJouUvat'ti P.D, ~310 tJJoynton tJJtadJ, 110rUfa 33425-0310 City!JIDJI: (4fJ7) 37S-6O()() !fH: (4fJ7) 375-6090 May 17, 1995 George C, Davis P,O, Box 1000 Boynton Beach, Florida Re: Board of Adjustmen~ Case ~ 201 2107 S,E, 3rd street Dear Mr. Davis: Please be advised that your request (Board of Adjustment Case = 201) for a variance to reduce side, front and rear setbacks in connection with the proposed construction of eight multi-family units at 2107 S.E, 3rd street was denied by the Board of Adjustment at their May 15, 1995 meeting, If I can be of further assistance, please contact me, Very truly yours, /- . dc.~JVk ~ 52 cJk;l;~,-- Tamb:.-i J. Heycen Planning and Zoning Director TJH:dim xc: Donald Fisher 6760 N.W, 29th street Sunrise, FL 33313 Development Dept C,~ntral File !:d~;.:b:H..::s .5Imema's (jateway to tlU (julfttTUJm MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA MAY 15, 1995 Vice Chairman Miriana nominated Ms. Houston as Secretary of the Board. Ms. HalTmer seconded- the nomination. No other nominations were made. Ms. Houston was unanimously elected Secretary of the Board. 6. OLD BUSINESS Publ1c Hea.ring A. Case-No. 201 (Continued from the April 17, 1995 meeting) Location: 2107 S.E. 3rd Street . Property Owner: Donald Fisher Request: Relief is requested from Section 5.G.2.a. of the City of Boynton Beach Zoning Code to reduce the required forty (40) foot front yard setback for units 7 and 8 to twenty-five (25) feet; reduce the required forty (40) foot rear yard setback to the north of units 6, 7 and 8 to twenty-six (26) feet; reduce the required forty (40) foot rear yard setback to the west forty (40) foot rear yard setback to the west of units 5 and 6 to twenty (20) feet; and reduce the minimum twenty (20) foot side yard setback to the east of unit 8 to ten (10) feet. Chainman Thompson advised the applicant that variances are granted based on hardships created by the City. In addition, five of the members of the Board must vote in favor of the variance in order for it to be granted. Since only six out of the seven members were present, he asked the applicant if he pre- ferred to continue his application. Barbara Fisher, Vice President of Fisher Construction, and George Davis, Architect, were present. Mr. Davis represented Mrs. Fisher and elected to proceed with this application. The Recording Secretary administered the oath to all those who would be testifying this evening. Ms. Houston identified the location, property owner, and request, and read the petitioner's Statement of Special Conditions justifying the requested variance. Mr. Davis feels a genuine hardship exists because of the restrictive R-3 zoning which is usually reserved for much larger properties. He felt Mr. Haag has done a wonderful Job in explaining the problem in his report. He asked the Board if they had any questions. Ms. HalTmer asked what he intends to do with the area in back of the apartment next to the railroad tracks. She asked if there is any provision for a wall there. Mr. Davis stated that there is no provision in the plan to put anything there. It is just a backyard. Chairman Thompson asked Mr. Haag how many units are involved and if the square footage is sufficient to accolTmodate the buildings. Mr. Haag advised that there - 2 - MINUTES - BOARD OF AD~OSTMENT MEETING BOYNTON BEACH, FLORIDA MAY 15, 1995 are three buildings with four units in one building, three units in another building, and one unit is the other building. He advised variances were pre- viously granted for the reduction of the front and rear setbacks for lots 10, 11, 12 and 13. At that time, there was a different site plan. Mr. Senman asked if there is room for parking spaces. He did not see any parking spaces in the plan. Mr. Haag advised that each unit has four parking spaces and the applicant meets the requirements for the parking space count, which is two per unit. Ms. Houston asked about the reason for changing the original plan. Mr. Haag advised that the original plan contained two two-story buildings. The new plan is for single-story buildings. Mr. Davis advised that the original plan contained two-story buildings with a total of eight units. However, the owner applied for a building penmit and discovered that the cost of the construction of two-story apartments would be too great to make any income out of it. He found that a one-story arrangement would be much better for him business wise. The reason for this request for a variance is because lots 8 and 9 did not enter into the calculations previously. Ms. Houston asked if a variance would be needed if the original plan was pro- ceeded with. Mr. Davis indicated that a variance would not be need; however, it would be a losing proposition. He did not think anyone would want to build on that piece of property and that it would just sit there forever. Mrs. Fisher advised that this piece of property is located along the railroad tracks. The original plan was for two-story buildings. However, it was realized that when the trains pass through at night, their lights, which are nine to ten feet high, would shine into the second story of the units and annoy the people living there. Therefore, the plan was changed to construct one story units. She stated that if landscaped in the back properly. and with a six foot fence, we would not be able to eliminate the noise, but we would at least be able to eliminate the light shining in the units at night. Ms. Hammer was concerned about the children in the area and asked what kind of fence is being installed. Mrs. Fisher stated that it will probably be a six foot high solid wooden fence along the rear, which would absorb some of the sound and keep the lights out. She felt this would stop anyone from getting access back there. In response to Vice Chainman Miriana, Mrs. Fisher stated that the horns are not blown at night. She pointed out that people are presently living in that area and the noise has not been a problem. Vice Chainman Miriana asked if we would be exceeding the buildable area with this new plan. Mr. Haag advised that this has not been evaluated, but will be evaluated when it goes through the site plan review. Mr. Davis advised that this project does not exceed the buildable area. Mr. Haag pointed out that if - 3 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA MAY 15. 1995 it did, the applicant would have to return to the Board for a variance for reduction in lot coverage. Chairman Thompson pointed out that this Board previously granted variances on this property which allowed the applicant to proceed. Therefore, we are not denying him the right to build. Now the applicant has come back with a new plan based on economics. Mr. Berman said he could not see the parking spaces on the plan. Vice Chairman Miriana felt the Board was quite considerate in granting the pre- vious variances. He felt the applicant was now asking for too much. Ms. Hammer felt this piece of property is oddly shaped and difficult to build on. She felt it is important to beautify the area and that what the applicant is proposing would only enhance the area. She stated that it has to be a money making proposition. In addition, the applicant pays taxes and we have to look at the overall picture, not just one thing. The Recording Secretary read a letter from Lillian Mayhew who objected to this variance because she felt, lithe applicant is trying to get too much building with not enough parking spaces and cars will be out in the street." Chairman Thompson pointed out that the whole area is lined with two-story buildings on both sides of the street. He also pointed out that previous variances were granted because of the shape of the property. Mr. Berman said he could not come to a decision by looking at the plan. Vice Chainman Miriana felt too much ground space was being used. Mr. Benman asked about plans for the buildings. Attorney Rubin advised that the only thing the Board needs to take into consideration at this time is where the buildings are going to be spaced relative to the property lines, not what the buildings are going to look like. That will come later on with the site plan. All the Board needs to know right now is where the buildings will be relative to the property lines in order to detenmine whether or not to grant a variance for the setbacks. No one else wished to speak in favor of or against this request for a variance. Motion Vice Chainman Miriana moved to deny the request for Case No. 201, relief requested from Section 5.G.2.a. of the City of Boynton Beach Zoning Code to reduce the required 40 foot front yard setback for units 7 and 8 to 25 feet; reduce the required 40 foot rear yard setback to the north of units 6, 7 and 8 to 26 feet; reduce the required 40 foot rear yard setback to the west 40 foot rear yard setback to the west of units 5 and 6 to 20 feet; and reduce the mini- - 4 - MINUTES - BOARD OF AD~u~TMENT MEETING BOYNTON BEACH, FLORIDA MAY 15, 1995 mum 20 foot side yard setback to the east of unit 8 to 10 feet because the variance granted is not the minimum variance that will make possible the reason- able, use of the property. Mr. Tinero seconded the motion. He felt the amount of building going on the irregular size lot is above and beyond the true spirit of the zoning. A role call vote was polled by the Recording Secretary as follows: Arthur Berman - Abstained Patti Hammer - Nay Raychel Houston - Aye James Miriana - Aye Nello Tineri - Aye Vernon Thompson - Aye Chairman Thompson said he voted against this request for variance because the Board granted previous variances which he felt was reasonable because of the contour of the land. Attorney Rubin advised that Mr. Bennan cannot abstain without a conflict of interest. Mr. Bennan said he cannot come to a conclusion by looking at the plan. Attorney Rubin advised that Mr. Bennan is statutorily compelled to vote on this request since he has heard it. Mr. Bennan changed his vote to naye". The motion carried 5 to 1 to deny this request. 6. NEW BUSINESS None. 7. OTHER BUSINESS None. 8. C0M4ENTS BY MEMBERS Chainman Thompson took this opportunity to recognize Ms. Heyden. Mr. Haag announced that the next meeting of the Board of Adjustment is scheduled for June 19, 1995. For the benefit of the new member, Ms. Hammer, Attorney Rubin concurred with Chairman Thompson that this is a quasi-judicial procedure. Therefore, the mem- bers of the Board should avoid communicating with the property owners and should make a decision based upon what is presented to the Board at the hearing. - 5 - NOTICE OF PUBLIC HEARING NOTICE IS HBRBBY GIVER that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BBACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said city: -:. Case 1* 201 Owner: Don Fisher Requested Variance: Relief is requested from Section 5.G.2.a. of the City of Boynton Beach Zoning Code to reduce the required forty (40) foot front yard setback for units 7 and 8 to twenty-five (25) feet; reduce the required forty (40) foot rear yard setback to the north of units 6, 7 and 8 to twenty-six (26) feet; reduce the required forty (40) foot rear yard setback to the west of units 5 and 6 to, twenty (20) feet; and reduce the minimum twenty (20) foot side yard setback to the east of unit 8 to ten (10) fee t. , Location: 2107 S.E. 3rd street Legal Description: Lots 8 thru 13, Sunny Oaks Addition as recorded in Plat Book 22, Page 10, of the Public Records of Palm Beach County, Florida, Use: Eight mUlti-family residential units A PUBLIC HEARING before the Board of Adjustment will be held relative to the above application at City Hall, Commission Chambers, 100 E. boynton Beach Boulevard, Boynton Beach, Florida, on Monday, May 15, 1995 at 7:00 P.M. All intereated parties are notified to appear at said hearing in person o~~y attorney and be heard or file any written comments prior to the hearing date. 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 BBACH SUZANNE M. KRUSB CITY CLBRIC (407) 375-6062 PUBLISH: BOYNTON BEACH NEWS 4/30 and 5/11/95 .:rl.h.r,l;l/~o. c: City Mgr. City Attny, City Commission, Files {', ---.'"',...- f r""""~, r'- ;,. ~,i. !,- i ; [ ", . ,1 l e, ~.<, J. , r~ ~ ~ ; ;jU~ -Li 1 ,-r - '~; iltu.t ~ ".-- r ""'~""'''I''Cl'''--",.... -----.. 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: Planninq and Zoninq Department PREPARED BY: Michael E. Haaq DATE PREPARED: April 25. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearinq Notice for Case #201 Cmeetinq Mav 15. 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property. applicant and Director of Planninq and Zoninq. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY..:---- h / -r; 7/' ./1 (1) _-.__,.;i-nvGJU (~.~c:.1t'U?~ ( Departmen t Heid) , / f(2')h~ atef ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A: F1aber, Lgl/Boe 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 zoning code of said city: Case ;; 201 Owner: Don Fisher Requested Variance: Relief is requested from Section 5.G,2,a. of the city of Boynton Beach Zoning code to reduce the required forty (40) foot front yard setback for units 7 and 8 to twenty-five (25) feet; reduce the required forty (40) foot rear yard setback to the north of units 6, 7 and 8 to twenty-six (26) feet; reduce the required forty (40) foot rear yard setback to the west of units 5 and 6 to twenty (20) feet; and reduce the minimum twenty (20) foot side yard setback to the east of unit 8 to ten (10) feet. Location: 2107 S,E, 3rd Street Legal Description: Lots 8 thru 13, Sunny Oaks Addition as recorded in Plat Book 22, Page 10, of the Public Records of Palm Beach County, Florida. Use: Eight multi-family residential units A PUBLIC HEARING before the Board of Adjustment will be held relative to the above application at city Hall, Commission Chambers, 100 E, boynton Beach Boulevard, Boynton Beach, Florida, on Monday, May 15, 1995 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date, 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 (407) 375-6062 PUBLISH: a:Piaher,lgl/boa MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH t FLORIDA APRIL 17. 1995 7. NEW BUSINESS The witnesses who intended to testify this evening were sworn in by the Recording Secretary. Pub 11 c: Hea ri ng A. Case No. 201 Location: Property Owner: Request: (Continued to the May 15, 1995 meeting) 2107 S.E. 3rd Street Donald Fisher Request for relief from Appendix A, Zoning, Section 5.G.2.a to reduce the side, front and rear setbacks in connection with construction of multi-family units. Motion Mr. Tineri moved to continue Case No. 201 to the May 15, 1995 meeting. Mr. Miriana seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. ,. ,. B. Case No. 202 This case was withdrawn from the agenda. c. Case No. 203 Location: Southwest corner of South Seacrest Boulevard and S.W. 23rd Avenue Property Owner: OUtpat1ent Properties. Inc:. Request: Request for relief from Appendix A, Zoning, Section 6.A.3 to reduce the required lot depth from 120 feet to 115 feet in connection with construction of a parking lot. Ms. Houston read the six criteria which the Board takes into consideration when rendering a decision on a variance. Ms. Houston also read portions of this application, including the applicant's statement of special conditions, hardships or reasons justifying the requested exception or var1ance. Ms. Houston read a note, dated April 10, 1995, from Lakhm1 Chand in opposition to this variance. Wayne Puls, the agent for Outpatient Properties, Inc., stated that Outpatient Properties operates the Outpatient Center of Boynton Beach which is immediately across the street from the subject property. Outpatient Properties has code parking; however, their business is such that they need additional parking. Therefore, they acquired the subject property for the purpose of establishing a temporary parking facility for two years to be used by staff only. - 2 - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of che CITY OF BOYNTON BEACH, FLORIDA, for a ~earinq as indicated, under and pursuant to the provisions of the zonina cJde of said City: Case = 2')1 Owner: Don Fisher Requested Variance: Relief is requested from Appendix A, Section 5.G.2,a to reduce the required forty (40) feet front setback to twenty-five (25) feet; the required forty (40) feet rear setback to thirty (30) feet; and reduce the minimum side yard from twenty (20) feet to ten (10) feet, Location: 2107 S.E. 3rd Street Legal Description: Lots 8 thru 13, Sunny Oaks Addition as recorded in Plat Book 22, Page 10, of the Public Records of Palm Beach County, Florida, Use: Eight multi-family residential units A PUBLIC HEARING before the Board of Adjustment will be held relative to the above application at City Hall, Commission Chambers, 100 E. boynton Beach Boulevard, Boynton Beach, Florida, on Monday, April 17, 1995 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. 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, CHef AAE CITY CLERIC PUBLISH: BOYNTON BEACH NEWS MARCH 30 and APRIL e , 1995 "::;:'lat:er- bo. "IT IS NECESSARY FOR YOU OR YOUR REPRESENTATIVE TO BE PRESENT AT THE ABOVE STATED MEETING IN ORDER FOR YHOUR PETITION. TO BE CONSIDERED." I j.' ~;. .! 7,1 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-114 TO: Sue Kruse city Clerk FROM: Tambri J. Heyden ~J1L Planning and Zonin~Director DATE: March 17, 1995 SUBJECT: Board of Adjustment Case No. 201 (2107 S,E, 3rd street) Accompanying this memorandum you will find an application and supporting documentation for the above referenced case. A check in the amount of $400,00 to cover the review and processing of this application has been forwarded to the Finance Department, t The legal advertisement for this request will be forwarded to your office after review by the City Attorney and city Manger, The requested variance is scheduled for the April 17, 1995 meeting, TJH:dim ENC, a:SOAPiaher.IIBm 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; Planninq and Zoninq Department PREPARED BY; Michael E, Haaq DATE PREPARED: March 17. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearinq Notice for Case #201 (meetinq April 17. 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) t STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property, applicant and Director of Planninq and Zoninq. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED; To be determined by City Clerk APPROVED BY; /" (1) dd..,..h.~ ~ ~d~ (Department ead) 3/~O/1cS J (Iiate) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COl'-fPLETED: ;I\.::.~".F~bhe-; .aot. 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 zoninG code of said City: Case # 201 Owner: Don Fisher Requested Variance: Relief is requested from Appendix A, Section 5.G,2,a to reduce the required forty (40) feet front setback to twenty-five (25) feet; the required forty (40) feet rear setback to thirty (30) feet; and reduce the minimum side yard from twenty (20) feet to ten (10) feet, Location: 2107 S.E, 3rd street Legal Description: Lots 8 thru 13, Sunny Oaks Addition as recorded in Plat Book 22, Page 10, of the Public Records of Palm Eeach County, Florida, Use: Eight multi-family residential units A PUBLIC HEARING before the Board of Adjustment will be held relative to the above application at city Hall, Commission Chambers, 100 E, boynton Beach Boulevard, Boynton Beach, Florida, on Monday, April 17, 1995 at 7:00 P.M, All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date, 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 t the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, CITY OF BOYNTON BEACH SUZANNE H. KRUSE CITY CLERK (407) 375-6062 PUBLISH: a:1Ql!'isher.boa