LEGAL APPROVAL
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100 'E. 'Boynton 'Beadr. 'Boukvartf
P.O. 'Bo;r.310
'Boynton 'BeadJ.,:f{orU{a 33425-0310
City 1IaJl: (407) 375-6()()()
1".9lX: (407) 375-6090
February 20, 1996
Robert Simone
111 S.E. 23rd Avenue
Boynton Beach, Florida 33435
Re: Board of Zoning Appeals Case No. 216
Property Location: Northwest corner of S.E. 1st Street and
S.E. 23rd Avenue (111 S.E. 23rd Avenue)
Dear Mr. Simone:
Please be advised that at the February 12, 1996 meeting, the Board
of Zoning Appeals approved your request for a zoning variance to
allow construction of a shed building on your property located at
111 S.E. 23rd Avenue with the reduced side yard from required 30
feet to 5 feet (relief from Section 6 .A. 3 of Chapter 2 of the
City's Land Development Regulations), subject to the following
conditions:
1. Prior to issuance of the building permit a site plan
containing landscaping around the proposed structure will be
submitted to the Building Department for review and approval.
2. The content of the shed, as specified on the site plan, will
be subject to the fire code.
3. The front of the property shall be identified on the site plan
as the frontage along S.E. 1st Street.
If I can be of further assistance, please contact me.
Sincerely,
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Tambri J. Heyden
Planning and Zoning Director
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MEETING MINUTE~
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
,:i~tt
size increase for the directional sign from the allowable 16 square feet to 20 square feet as
discussed. Mr. Rappoport seconded the motion.
The Recording Secretary polled the vote which was unanimous to GRANT the variance.
4. Case #216
Location:
Northwest corner or S.E. 1 st Street and S. E. 23rd
Avenue (111 S. E. 23rd Avenue)
Robert Simone
Owner:
Requested
Variance:
Request relief from Section 6.A.3 of Chapter 2 of the
City's Land Development Regulations to reduce the
required rear yard setback from 20 feet to I 5 feet and to
reduce the required side yard setback from 30 feet to 5
feet.
Chairman Miriana announced the ase.
Dr. Robert Simone, 111 SE 23 Avenue, advised that a need has arisen for him to have
a utility shed on his property for storage of stonn shutters and a pressure cleaner necessary for
maintenance of his building. The need for this shed arose dUring the last hurricane alert when
he had a problem finding someone to transport the shutters to this location.
Because of the way the lot is situated, he would have to construct the shed on a corner that
would be highly visible from SE 21 Avenue and SE 1 st Street. The shed would be an eyesore
because it would be sitting in the middle of a vacant lot. Dr. Simone would like to place the
shed behind the existing office bUilding where it would not be visible from the road. The shed
is 8' x 1 2' and T high. Dr. Simone provided photos of the property. He explained that the
property to the north is zoned Residential; however, it is a vacant lot. He maintains the two
trees with 100' canopies. When the berries fall from the trees, he must remove them from
the pavement. Last year, two patients fell because they slipped on the berries.
Dr. Simone feels the construction of this shed on the corner would be a detriment on a street
that has taken so long to develop.
Mr. Gold noted that Dr. Simone intends to store chemicals in the shed. He questioned
whether or not there are any environmental concerns involved. Dr. Simone responded
negatively and stated that the word chemicals should not have been used since it refers to the
same amount of chlorine and acid that a person would store in his/her garage. No medical
chemicals will be stored in this shed.
13
MEETING MINUTE:.
BOARD OF ZONING APPEALS
BOYNTON BEACH, flORIDA
JANUARY 17,199"6
Chairman Miriana questioned why another location could not be found for this shed. He
suggested that the shed be placed on the north side.
Mr. Rappoport asked if Dr. Simone would be willing to landscape around the shed. Dr.
Simone responded affirmatively.
Ms. Heyden advised the board that when the applicant submitted his request, he wanted side
and rear variances. However, he has worked with staff to include only the side setback from
30' to 5'.
(Inaudible discussion was taking place between the Chairman and Vice Chairman.)
Jerzy Lewicki made a brief presentation. He pointed out that across the property line to the
north is R-2 Residential. The selback requirement is 30' instead of 3'. The difference
between the existing bUilding and the property line to the north is 39'. This precludes locating
the shed closer to the building. Placing this shed on the comer would be detrimental because
it is a high visibility comer. Dr. Simone is attempting to place the shed in a less prominent
location. He moved the shed 5' to the east so that he will only require one zoning variance.
(There was inaudible discussion among the members.)
Ms. Hollingshead asked for further clarification as to why Dr. Simone was unable to move the
shed any further. At the map, Dr. Sinone explained that the entrance to the utilities for the
building, his air conditioning unit, water, sewer clean out, tree roots, and sprinkler pumps
preclude him from moving the shed. The trees have a J 00' canopy and span the width of the
property. They create a construction problem.
(There was inaudible discussion between Chairman and Vice Chairman. Discussion continued
during Dr. Simone's presentation and Attorney Pawelczyk advised the members to speak on
the record.)
Chairman Mlriana stated that he understood Dr. Simone's problem, but felt 5' is too close.
He recommended that the shed be moved 5' or J 0' more. Dr. Simone explained that the
shed would then be over the well. Chairman Mlriana suggested Dr. Simone move it over and
come down 5'. That would allow 10' from the residential property.
Every two years, Dr. Simone must have a truck with a 50' boom come onto the property to
trim the branches. The truck cannot travel over the wens. The canopy of the tree extends
out to the street.
Ms. HOllingshead confirmed with Dr. Simone that this location is the best location he and the
Building Department were able to wort out.
14
MEETING MINUTE~
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
JANUARY 17, 1996
Chairman Miriana stated that he would not support this petition unless the word "chemicals"
is deleted. His reason for this is that the shed will only be 5' from residential property.
Ms. Hollingshead agreed with the concern over flammable chemicals; however, she pointed
out that the word "chemicals" appears on "Dawn" dish detergent. She suggested that the City
Attorney or Building Official enlighten the members on the regulations associated with storage
of unsafe chemicals.
Mr. Haag advised that guidelines exist based on the quantity of the material. He suggested
that a condition be added based on the Fire Code.
Motion
Ms. Hollingshead moved to allow the gentleman to place the shed in the position he proposed
after discussion with the Building Department, and note that the contents of the shed be
subject to the Fire Codes.
Attorney Pawelczykclarified that the motion include the following: "reduce the required side
yard setback from 30' to 5"'. Ms. Hollingshead agreed to add the clarification to the motion.
CHAIRMAN MIRIANA OPENED THE PUBLIC HEARING.
Dr. Indictor owns the property east of SE 1 Avenue. He supports Dr. Simone's petition and
urged the board to support the request.
THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS
APPLICATION; THEREFORE, THE PUBLIC HEARING WAS CLOSED.
Attorney Pawelczyk clarified that the board is not reducing the rear yard setback from 20' to
15' .
Mr. Gold seconded the motion.
The Recording Secretary polled the vote. The vote was 5-0 to GRANT the variance.
8. OTHER BUSINESS
None
9. COMMENTS BY MEMBERS
None
15