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
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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
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c: City Mgr. City Attny, City Commission, Files
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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."
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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