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LEGAL APPROVAL h/~ CJ1ie City of r.Boynton r.Beacli 100 'E. 'Boynton '1Jeadt. '1Joufevatrf P.O. '1Jo;(310 'Boynton'1Jeadi,1forUfa 33425-0310 City:Jla[[: (407) 375-6000 1'JU: (407) 375-6090 April 18, 1995 Wayne PuIs 2351 S. Seacrest Boulevard Boynton Beach, Florida 33435 Re: outpatient properties, Inc. Board of Adjustment Case #203 Variances: 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. Dear Hr. PuIs: Your request for the variance regarding the above referenced case was approved by the Board of Adjustment at their April 17, 1995 meeting subject to the parking lot and adjacent property buffer being designed and constructed consistent with the City's Land Development Regulations prior to using the parking facility. If I can be of further assistance, please contact me. Sincerely, . J~-QJ4~ Tambri J. H~den Planning and Zoning Director TJH:dim &:aprv~tr.Out/80~ ~merUa 's (jateway to tlie (julfstream MINUTES - BOARD Of' ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 17. 1995 7. NEW BUSINESS The witnesses who intended to testify this evening were sworn in by the Recording Secretary. Public Hearing 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 B. Case No. 202 This case was withdrawn from the agenda.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: OUtpatient Properties. tnc. 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 applicantls statement of special conditions, hardships or reasons justifying the requested exception or variance. Ms. Houston read a note, dated April 10, 1995, from Lakhmi 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 - MINUTES - BOARD OF lJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 17. 1995 I n response to' Mr. Chand I s note, Mr. Pul s sa i d he has a .1 etter from the County Engineer stating that there was nothing in their five year plan to increase the size of the intersection. Robert Foot, 2400 S.W. 1st Street, stated that" the.maximuinuse of the con- stricted lots may include activities hanmfu1 to neighbors close to the prop- erty line, such as car lights early in the morning, doors slamming, employee conversations, exhaust fumes accumulating in the swimming pool areas just 12 feet away, and dust from the temporary parking facility. He wondered what landscaping must be sacrificed with the constraints of the compressed lots. He stated that lots of diminished size, not tied by any unity of title, will not have the drainage potential of full lots. He pointed out that the Board of Adjustment can grant relief to the applIcant subject to conditions, such as pro- hibiting a~tivities that would be a disturbance to the adjacent residents, requiring construction of a six foot stucco wall between the residential and commercial properties, and requiring the applicant to comply with the provisions for a penmanent parking lot (dust free paving, qualifying drainage and full landscaping with installed irrigation). . Mr. Foot submitted petitions signed by 40 neighbors,-requesting that the use of the Outpatient Properties, Inc. property be subject to the following conditions: 1. Compliance with City ordinances concerning landscaping, paving, and drainage without use of the exception provision for -temporary. parking lots; and . 2. Separation of the commercial property from the residential proper- ties to the west with a six foot stuccoed wall, as provided in the current Ordinance, in the first stage of any improvements. Mr. Pu1s said this is simply a request for a temporary parking facility to alleviate an existing situation. He believes he addressed the drainage, etc., required by the Building Code and the people who issue penmits. He received the necessary penmission from the County. He met with the City Forester and others and discussed what needed to be done. He was in receipt of a letter from an engineer with regard to percolation in the area saying that there would not be a problem. He did not see the necessity of spending a lot of money for penmanent items when there are no plans for the rest of lot at this time. Mr. Foot felt the applicant needs penmanent parking to accommodate the existing building. In response to Chainman Thompson, Mr. Haag stated that the City Engineer relaxed some of the areas of the Code for the temporary parking facility. Therefore, it does not have to meet City standards in all cases. Mr. Miriana asked Mr. Haag if a buffer wall is required between residential and commercial property. Mr. Haag advised that the applicant has the option of using a dense vegetative buffer or a block wall. - 3 - MINUTES - BOARD ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 17, 1995 Mr. Haag advised that the applicant is processing a site plan to build a parking facility. When he made application through the process, the Planning Department said they could not develop the property because it was not the correct lot depth. The site plan is on hold until they can get the lot depth issue straightened out. No one else wished to speak in favor of granting this variance. Roy Jordan did not mind the property being used; however, he requested protec- tion, such as a wall to separate the properties. No one else wished to speak against granting this variance. In response to Ms. Houston, Mr. Haag and Attorney Rubin advised that the variance would go with the land. Mr. Garnsey was in favor of approving this variance contingent upon all the City Codes and requirements being adhered to in order to protect the interests of the residents. . '" Mr. Miriana was in favor of approving this variance contingent upon buffering to protect the residential property on the north side. Ms. Houston asked what Mr. Puls plans to do for parking if he decides to put a building on that property. Mr. Puls said he plans to do whatever is required to comply with all the City Codes. Right now he is trying to address an immediate situation. In response to Ms. Houston, Mr. Puls advised that the number of employees varies, depending on what procedures are being done on a particular day. The temporary facility will have either 17 or 19 parking spaces. Motton Mr. Garnsey moved to grant the variance to reduce the required lot depth from 120 feet to 115 feet subject to the contigency that the Engineer not make any exceptions to the Code in granting a penmit for this site for a temporary parking lot. Vice Chainman Uleck seconded the motion. Mr. Haag advised that the City Engineer is only responsible for the parking lot ordinance. Discussion ensued about a buffer. Mr. Haag read the portion of the Code that applies to buffers. Mended Motton Mr. Garnsey amended his motion to include that the applicant build an appropriate buffer (a buffer that would be required if a building were being built) before using the parking lot. Vice Chainman Uleck agreed to the amendment. A roll call vote was polled by the Recording Secretary. The motion carried 5-2. Ms. Houston and Mr. Tineri cast the dissenting votes. - 4 - OFFICE OF THE CITY CLERK MEMORANDUM TO: Ms. TAMBRI HEYDEN Planning & Zoning Director DATE: March 30, 1995 FROM: Sue Kruse City Clerk RE: Notice of Hearing Attached please find a copy of the Notice of Hearing for the application of a variance at the sou~west corner of S.W. 23rd Avenue and South Seacrest Boulevard, submitted by the Outpatient Properties, Inc. This Notice has been mailed to the applicant and abutting property owners on March 29, 1995. The ad will appear in the Boynton Beach News on Thursday March 30th and Thursday April 6, 1995. ~W;</J.g. ./ SK:bls attachment cc: City Manager 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 he~ring as indicated, under and pursuant to the provisions of the zoning code of said City: Case =- 203 Owner: Outpatient Properties, Inc. Requested Variance: Relief is requested from Appendix A, Section 6, A. 3 , to reduce the C-1 zoning district lot depth requirement of 120 feet to 115 feet. Location: The southwest corner of S.W. 23rd Avenue and South Seacrest Boulevard. Legal Description: The north forty-one (41) feet of Lot 19 and Lots 20, 21 and 22, WESTCHESTER HEIGHTS, according to the Plat thereof, as recorded in Plat Book 24, Page 210 of the Public Records of Palm Beach County, Florida, less and except that portion of Lot 22 deeded to the State of Florida and the City of Boynton Beach for additional right-of-way. Use: Additional parking to serve to medical office bUilding at the northwest corner of said intersection. Phase II will consist of a new medical office building. 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 Adj ustment 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. CMC/ AAE CITY CLERK PUBLISH: BOYNTON BEACH NEWS, March 30 and April 6, 1995 t::..:OJ.tPs.::'oa