LEGAL APPROVAL
MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
5. OLD BUSINESS
None.
6. NEW BUSINESS
Public Hearing
A. Case No. 208
Location:
Property Owner:
Requested Variance:
The applicant had withdrawn this request.
B. Case No. 209
Location:
Property Owner:
Requested Variance:
JULY 17,1995
Northwest corner of Boynton Beach Boulevard
and N.W. 7th Court
Walter Dutch, Trustee
Request for relief from Section 11.J of Chapter
2 - Zoning of the City of Boynton Beach Land
Development Regulations to reduce the width
of a loading zone from 12 feet to 9 feet in
connection with construction of a new drive-
through convenience store.
Northeast corner of Boynton Beach Boulevard
and N.W. 7th Court
Papa John's USA
Request for relief from Section 11.J of Chapter
2 - Zoning of the City of Boynton Beach Land
Development Regulations to omit a loading
zone in connection with construction of a new
pizza store with take-out and delivery services.
ALSO
Request for relief from Section 11.H.d of
Chapter 2 - Zoning of the City of Boynton
Beach Land Development Regulations which
2
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MINUTES OF THE BOARD' OF ADJUSTMENT MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON MONDAY, JULY 17, 1995, at 7:00 P.M.
PRESENT
Vernon Thompson, Chairman
James Miriana, Vice Chairman
Arthur Berman
Barkley Garnsey
Patti Hammer
Raychel How;ton
Robert Taylor, Alternate
Tambri Heyden, Planning and Zoning
Director
Leonard Rubin, Assistant City Attorney
ABSENT
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PLANNiNG fIND \.S
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Ben Uleck
1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chairman Thompson called the meeting to order at 7:05 p.m. and introduced the
members of the board, Attorney Rubin, Ms. Heyden, and the recording secretary. He
also acknowledged the presence of Mayor Gerald Taylor and Vice Mayor Matthew
Bradley.
2. APPROVAL OF AGENDA
No additions, deletions, or corrections were made to the agenda.
3. APPROVAL OF MINUTES
Motion
Ms. Houston moved to approve the minutes of the June 19, 1995 meeting as submitted.
Ms. Hammer seconded the motion which carried unanimously.
4. COMMUNICATIONS AND ANNOUNCEMENTS
None.
1
MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 17, 1995
requires six (6) parking spaces for a 1,142
square foot pizza store, rather than the five (5)
parking spaces proposed.
Chairman Thompson explained that this board is composed of seven members and is
not based on a majority vote. Therefore, three votes against any request would deny
the request. He also explained that the only recourse the applicant would have if this
request is denied is to take this matter to court, or reapply to this board one year later.
He further explained that the board makes its decision based on whether a hardship
exists and was created by the City or County, not the owner.
The recording secretary administered the oath to all who would be testifying this
evening.
Ms. Houston read portions of the application regarding this request, including the
applicant's statement of reasons justifying the requested variances.
Chairman Thompson advised that each case is based on its own merit. He opened the
floor to anyone who would like to speak in favor of granting these variances.
Bemmie Eustace works for Interplan Practice Ltd., the architectural engineering firm for
the proposed Papa John's. She introduced Don Godsey, the Director of Construction
for Papa John's. She advised that the site plan was reviewed by the Planning and
Development Board last week and as a result of public input and concerns of the
Planning and Development Board, the applicant tried to come up with a solution. The
applicant introduced a new option, which was a cross access easement from Wendy's,
which is directly adjacent and shares a common property line with the proposed Papa
John's. An alternative plan was developed and because of the cross access, the
applicant was able to rework the site and meet the code with regard to parking space
requirements. Therefore, she withdrew the request for a reduction of the parking
spaces.
Ms. Eustace presented copies of the alternate plan to the members of the Board and
the audience. She asked the board to consider this alternative layout and to allow the
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MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 1 7, 1995
applicant to omit the loading zone. She is aware that this plan will have to go back
through staff review for technical comments.
Ms. Eustace stated that Papa John's has demonstrated in other stores that a loading
area oftentimes is not part of the Papa John's concept in the site layout because
deliveries occur during off-operating hours. This is something previous sites were able
to work out from an operational standpoint without any problem and without any conflict
with people entering and exiting the site to get pizzas. Therefore, Papa John's has no
need for a loading area. She asked the board to consider granting this variance with
the stipulation that deliveries be scheduled so that they are not in conflict with the hours
that Papa John's is open to the public. Papa John's does not want deliveries during
those hours because the employees are too busy to take the delivery and need to be
focusing on making the pizzas and delivering them, not on emptying the truck, signing
papers and checking inventory. She requested that the board grant the variance for the
deletion of the loading area.
Ms. Houston asked how many deliveries Papa John's gets per week. Mr. Godsey
advised that deliveries would be based on volume and need and that if a 24 foot trailer
is used, there would be one delivery a week. However, in this case', a break down
system would probably be used and a much smaller truck (12 to 14 feet) would deliver
twice a week.
Ms. Hammer inquired about the hours of operation. Mr. Godsey advised that Papa
John's will be open from 11 :00 a.m. until 12:30 a.m. Deliveries will be made between
the hours of 8:00 a.m. and 10:00 a.m.
In response to Vice Chairman Miriana, Ms. Eustace advised that Papa John's is a
delivery or carry out business only.
Ms. ~ammer asked if the dumpster will interfere with the cars coming in and leaving.
Ms. Eustace advised that she has been working closely with Bob Eichorst ( the Public
Works Director) and the planning staff with regard to the location of the dumpster. She
did not anticipate any conflict with cars entering and exiting the site. This was one
reason the cross access was put to the rear of the site instead of the front of the site.
Chairman Thompson reminded everyone that the loading dock is the only issue that the
board should be concerned with and asked everyone to address this issue only.
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MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 17, 1995
Vice Chairman Miriana inquired about the purpose of the retention pond. Ms. Eustace
explained that the Florida Statutes require on-site retention of a certain amount of storm
water to prevent runoff from flooding the streets.
In response to Ms. Houston, Mr. Godsey advised that, ideally, deliveries would be made
in the rear of the business and it would t.ake 30 to 60 minutes to complete a delivery.
Mr. Berman asked why a disabled parking space is required if there are no seats in this
establishment. Ms. Eustace advised that it is required by State Statute and the U.S.
Department of Justice.
No one else wished to speak in favor of granting this variance. Chairman Thompson
opened the floor to anyone who would like to speak against granting this variance.
Donald Connor, 404 N.W. 7th Court, stated that fill will be required to raise the parking
lot level to match Wendy's. He said this will probably affect the storm water runoff and
the retention pond will collect quite a bit of water, making the mosquito problem worse
in that part of the neighborhood. He asked where the employees will park. Mr. Godsey
advised him that they will park in the parking lot.
Attorney Rubin clarified that the only issue before this board is the loading zone. He
asked Mr. Connor to refrain from addressing other issues.
A lady in the audience asked when the public can speak on the other issues. She did
not want this project in her neighborhood. Attorney Rubin advised her that the public
can speak on other issues at the Planning and Development Board and City
Commission meetings.
Mr. Connor asked if the dumpster pickup will be handled by a private firm or the City.
Ms. Eustace advised that this will be handled by the City.
Richard Prince, 334 N.W. 7th Court, stated that traffic will be coming into Papa John's
from behind Wendy's and exiting onto 7th Court (a residential street). To get to 1-95
from Papa John's, you have to go to Old Boynton Road and Boynton Beach Boulevard
and make a u-turn, or go through his residential neighborhood. He pointed out that
currently everybody is going through this neighborhood and cutting through the Texaco
station to get to the red light. He asked how a 24 or 28 foot truck can make a u-turn at
Old Boynton Road and Boynton Beach Boulevard to get back to 1-95.
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MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 1 7, 1995
Chairman Thompson pointed out that this business is allowed in this zoning district and
reminded everyone that the only issue before this board is the loading zone. Mr.
Garnsey stated that this is not the proper forum to discuss other issues and advised the
residents that they can voice their other concerns at the City Commission meeting. Ms.
Heyden stated that the City Commission will be making the final decision on this site
plan tomorrow at 7:00 p.m. in Commission Chambers and that this wouid be the time to
discuss all other issues.
In response to a lady in the audience, Ms. Heyden advised that site plan approvals do
not require notification to adjacent property owners. She stated that this is not a
rezoning and that it is allowed under the current zoning. However, the City has posted
signs on the property indicating that this item will be discussed at the Planning and
Development Board meeting on July 11th and at the City Commission meeting on July
18th.
Lynn Phifer, 415 N.W. 7th Court. expressed concern about the impact that the traffic
will have on the children and pets in neighborhood. She pointed out that there is a
playground less than two tenths of a mile from Papa John's.
No one else wished to speak against granting this variance.
Chairman Thompson pointed out that this type of business, as well as all the others on
Boynton Beach Boulevard, are permitted in this district, which is zoned C-2.
To address Mr. Prince's concern regarding the delivery truck, Ms. Eustace stated that
Papa John's has no problem posting signs just past the C-2 site and into the residential
area, indicating that no trucks are permitted. She will work with the Public Works
Director to accomplish this if it will help.
Mr. Prince wanted to know when this district was zoned C-2. Ms. Heyden believed it
was zoned C-2 in 1975. Mr. Prince stated that most of the people have lived in that
community since 1989 and never knew it was zoned C-2. They were opposed to Papa
John's being built in that area.
Chairman Thompson pointed out that there are existing businesses in this area and
they have met the code. Mr. Prince said there is only one service station between 1-95
and Congress Avenue, and only two fast food restaurants. He stated that the Waffle
House is not a fast food restaurant and they do not deliver.
6
MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 17, 1995
Mr. Prince expressed concern about the safety of the children and pets in the
neighborhood. He also pointed out that dumpsters attract rodents.
Mr. Garnsey was glad to see that the applicant worked out the parking issue with a
cross access agreement. He felt this would be an ideal facility if anything had to go in
that commercial area. He believed it would have the least impact on the neighborhood.
It was his opinion that the size of the property causes constraints.
In response to Mr. Berman and Chairman Thompson, Ms. Heyden advised that the
Planning and Development Board recommended that the City Commission deny the
plan that was presented to them last week.
Vice Chairman Miriana expressed compassion for the people in that neighborhood, but
said that nothing can be done because the district is zoned C-2 and the owner has a
right to use his property. He stated that the loading zone is the only item in question
and he did not think a significant amount of loading would be occurring at this type of
business.
Motion
Mr. Garnsey moved to grant the request to omit the loading zone for this development.
He felt a loading zone is not required in this instance and that special conditions are
created because of the size of the property. He felt there was no space for a loading
zone on this site. Vice Chairman Miriana seconded the motion. A roll call vote was
polled by the recording secretary. The motion carried 6 to 1. Ms. Houston cast the
dissenting vote.
7. OTHER BUSINESS
Vice Mayor Matthew Bradley addressed the board. He thanked the members for
volunteering their time to sit on a board which has an incredible amount of
responsibility. He felt the general public does not understand a lot about this process.
As he understands it, it is the board's responsibility to determine whether or not
something that is going to happen on a piece of property is going to be a detriment to
the surrounding property. However, he felt it is just as important, if not more important,
for the board to make sure that they do not stand in the way of good things happening.
He was disturbed by the minutes of a previous Board of Adjustment meeting and felt
that the members strayed at times from the issues. He pointed out that the neighboring
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BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
J U L Y 1 7, 1 995
property owners came out in unanimous support of that variance. He did not feel that
the direction the board took was the right one. He felt part of the problem was that
there was a lack of a majority, so it did not turn out the way he thought it should have.
He pointed out that if the applicant appeals to the court, it would be a waste of the
taxpayers' dollars because it was an issue that he felt should have gone the other way.
He hoped he was not offending anyone personally. He said he appreciates the work
that the board is doing. However, he feels it is his responsiblity to share his views when
he feels they are needed. He thanked the members of the board for giving him this
opportunity to speak to them.
Chairman Thompson stated that as chairman of the board his job is to keep the City out
of litigation. He follows the code and sees that the members stay on track as much as
possible. He felt that in his 19 years on the board, the board has done a super job. He
appreciated Vice Mayor Bradley coming to the meeting, and asked Mayor Taylor if he
wished to address the board.
Mayor Taylor thanked the members of the board for their volunteerism and dedication
to the community. He stated that this board probably has the greatest responsibility
because their decisions are final and do not go before the elected. body. He was glad
that Chairman Thompson explained the process to the applicants and audience. He
noticed that a lot of the people did not understand the process or how things are
advertised and he felt we need to do a better job trying to educate them. He pointed
out that no matter how hard you try, there is always somebody who does not get the
word. He stated that-the board has tough decisions to make and is not always going to
please everybody. He was glad to hear of Chairman Thompson's length of experience
on this board and stated that the Commission is going to continue to try to put the best
qualified people on the board. He pointed out that the members of a quasi-judicial
board have a tremendous responsibility. He thanked the board again for their service
and told them to keep up the good work.
Commissioner Rosen stated that he served on the Advisory Board on Children and
Youth for three years before he became a commissioner. He was glad that Chairman
Thompson explained the process to the people this evening as best as he could. He
stated that many times people buy homes without looking around them to see what
might happen in the future. He felt it was important to explain to them that the board
and the City Commission have no options and that the codes must be met. Otherwise,
the City could be sued, and this affects the taxpayers. He pointed out that if they
owned property in a C-2 zone and were not permitted to do what they wanted with it,
8
MINUTES
BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 1 7, 1995
they would be terribly unhappy. He asked the board to try to please the residents as
much as possible. He realized this is tough to do at times. He extended his gratitude to
the members of the board for volunteering their time.
8. COMMENTS BY MEMBERS
Vice Chairman Miriana stated that the board has guidelines to follow. He stated that
two pieces of property were involved at the Board of Adjustment meeting on June 19th
and they were in excess of 10,000 feet. The applicant's only argument was that he
wanted to build a bigger and better home. Vice Chairman Miriana said a variance
should not be granted on that basis.
Vice Mayor Bradley asked Attorney Rubin for a legal interpretation of the code
regarding the scope of this board. He did not believe that hardship is the only
determinant for granting or not granting a variance. He did not intend to imply that the
members of the board do not understand their purpose, but he felt there was latitude for
interpretation.
Chairman Thompson explained to Vice Mayor Bradley that he has attended many
workshops regarding the Board of Adjustment process. He pointed out that people
would not come to the board if they were not violating the code. He stated that a
hardship did not exist in regard to the case that was heard last month.
Vice Mayor Bradley apologized if it sounded like he was implying that the members do
not have a full understanding about what is to happen on this board.
Attorney Rubin stated that there are seven specific criteria set out in the code that the
board must find in order to grant a variance. It is not an easy standard to meet. With
regard to the case heard at the last meeting, he felt that some of the members of the
board believed that the applicant could make reasonable use of the land without
granting that variance.
Vice Mayor Bradley did not believe that there were any good reasons not to grant that
variance. He pointed out that the neighbors were in support of it. He felt that if
somebody wanted to be ten feet closer to the wall, he ought to be allowed to. He
pointed out that everyone would have benefited by the applicant adding ten feet onto
his property. There was an opportunity to increase property values, but it did not
happen. He felt the ordinance should be looked at because the system did not work in
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BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 17, 1995
this instance. He again thanked the board for their time and for being a part of the
board.
_ Mr. Garnsey apologized for missing the last meeting, but he was out of the State. He
said he read the minutes of that meeting and felt the problem was that there was not a
full t:oard. The applicant had been given the option of postponing his application, but
he did not. He suggested trying to make' applicants more aware that it is difficult to get
five votes in favor of granting a variance and that they might want to postpone their
application.
9. ADJOURNMENT
There being no further business to come before the board, Ms. Hammer moved to
adjourn the meeting at 8:23 p.m. Mr. Garnsey seconded the motion which carried
unanimously.
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Eve Eubanks
Recording Secretary
(Two tapes)
10
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 #209
Owner:
Papa John's USA
Agent:
Interplan Practice Ltd.
Proposed
Use:
Pizza store with take-out and delivery service
Requested
Variance: Request relief from Section 11. J. of Chapter
J 2 - Zoning of the city's Land Development
\ Regulations to omit a loading zone in
~\ \ Lconnection with constructing a new pizza store
1. . o.~ ~ with take-out and delivery services.
'L'"
'-
Location: Northeast corner of Boynton Beach Boulevard
and N.W. 7th Court
Legal
Description:
Lot 1, DEIERL Park, Plat Book 23, Page 236,
less parcel previously deeded to Florida State
Road Department as more particularly described
as the south 13 feet of Lot 1 and that part of
said Lot 1 lying within the external area
formed by a 25 foot radius arc tangent to the
west line of said Lot 1 and tangent to a line
13 feet north of and parallel to south line of
said Lot 1. (Lying in Palm Beach County,
Florida. )
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, July 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
CITY CLERK
(407) 375-6062
PUBLISH:
a: LavNotllOA.Papa
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 #209
Owner:
Papa John's USA
Agent:
Interplan Practice Ltd.
Proposed
Use:
Pizza store with take-out and delivery service
Requested
Variance:
Request relief from Section 11. J. of Chapter
2 Zoning of the city's Land Development
Regulations to omit a loading zone in
connection with constructing a new pizza store
with take-out and delivery services.
ALSO
Request relief from Section 11. H.d. of
Chapter 2 Zoning of the city's Land
Development Regulations which requires six (6)
parking spaces rather than the five (5)
parking spaces proposed.
Location:
Northeast corner of Boynton Beach Boulevard
and N.W. 7th Court
Legal
Description:
Lot 1, DEIERL Park, Plat Book 23, Page 236,
less parcel previously deeded to Florida State
Road Department as more particularly described
as the South 13 feet of Lot 1 and that part of
said Lot 1 lying wi thin the external area
formed by a 25 foot radius arc tangent to the
west line of said Lot 1 and tangent to a line
13 feet north of and parallel to south line of
said Lot 1. (Lying in Palm Beach County,
Florida.)
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, July 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
CITY CLERK
(407) 375-6062
PUBLISH:
a:Le~NotBOA.Papa