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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 2, 2000 Kim Dellastatious 516 S, Dixie Highway, AlA, P.A. Lake Worth, Florida 33460 Re: FileNo.: Location: Sammy Berry Building ZNCV 99-018 Side yard setback Martin Luther King Boulevard, 75 feet from Seacrest Blvd. Dear Mr. Dellastatious: Enclosed is the City of Boynton Beach Development Order documenting the denial of your request for zoning code variance for the side setback on February 1, 2000. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~ Michael W. Rumpf Director of Planning & Zoning MWR/nl nSHRDA TA\PliIlIning\SHARED\WP\PROIECTS\SAMMY BERRY BUILDINGIZNCV\Development Order Letter.doc America's Gateway to the Gulfs/ream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMEr - ORDER OF THE CITY COMMIS~ N OF THE CI1 T OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AlA, PA APPLICANT'S ADDRESS: 516 S. Dixie Highway #1A Lake Worth, FI 33460 DATE OF RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000 TYPE OF RELIEF SOUGHT: Side yard setback from property line (ZNCV 99-018) LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. (', r2 r;u r, : ...' Ie Iln ! ~ ! :j j r--~2....,...;:-'u~- ~ I 0': ~-- '/ "j FEB - 2 'r", . (..;\)J :~'AND'~-' , DEPT. DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR V THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS .,(HAS NOT established by substantial competent evidence a basis for the relief requested., 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ZDENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other IIIIIIIIII/IIII'IIZ .\\ .... '/1. \' ......., ,'I I O'~I //,.. , .,. . ,<, -:'~- DATED: $/~ ~~c::;2;cW//C'~. .- ,~ '. - -. '._,... ~" .... .~ ......!.::.,.-:..... i .:;.. ........ ("\ '('- " "-'-"/1 ,o:-LO~\V \\\::::-' "11 III '11111/1111\\\\ S:\PLANNING\SHAREO\VIIP\PROJECTS\SAMMY BERRY BUILDING\ZNCV\OEVELOPMENT OROER.1-19..oo SIDE SETBACK-DOC EXHIBIT "D" Conditions of Approval Project name: Sammy Berry File number: ZNCV 99-018 (side yard setback) Reference' Zoning Code Variance Aoolication dated December 2 1999 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2. T" 66 d...k.1 ulinaiJ:4;;N'/e]:> V J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUILOING\ZNC\I\CONO. OF APPR CC 2-1-00 SIDE SETBACK-DOC I I I MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 1, 2000 fixes. Staff provided a creative solution that would enable this project to move forward in an area that is in serious need of this type of development. Although Commissioner Denahan strongly supports the visioning process and redevelopment of the City, she said her responsibility to the citizens is to follow the City Attorney's advice, Therefore, she would not support Items #3 and #4, Mayor Broening felt the Commission's responsibility was to make decisions based on all of the information that is available. Commissioner Weiland expressed mixed feelings regarding this request because while he wants to see redevelopment on Martin Luther King, Jr. Boulevard, if a precedent is not set up-front, the City could be causing problems for the future, He would support this request if he were assured that there would be no problems in the future. At this point, he is in favor of delaying approval to allow staff the time to develop the policies and procedures. Commissioner Weiland withdrew his second to the motion. vTHE MOTION FAILED FOR LACK OF A SECOND. . THE FOLLOWING DISCUSSION TOOK PLACE AFTER THE COMMISSION ADDRESSED ITEMS IX-A.4, IX-A.S, X-A AND X-B. THE DISCUSSION WAS MOVED TO THIS LOCATION FOR CONSISTENCY. COHHISSJONER DENAHAN POINTED OUT THAT THE HOrrON FArLED FOR ITEH D{- A.3. THEREFORE, THE COHHISSION WOULD NEED TO DISPOSE OF THAT ITEN. ATTORNEY CHEROF RECOHHENDED THAT A HOrrON BE HADE TO DENY THE REqUEST.. Motion Commissioner Denahan moved to deny Item IX-A.3, Commissioner Weiland seconded the motion that carried 3-2, (Mayor Broening and Vice Mayor lillman dissented.) 4. Sammy Berry Building (110 Martin Luther King, Jr. Boulevard) - Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum front setback of a 30 foot reduction or setback of zero feet Motion Commissioner Denahan moved to deny. Commissioner Weiland seconded the motion that carried 3-2. (Vice Mayorlillman and Commissioner Sherman dissented.) 13 I I I MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 1, 2000 3. Sammy Berry Building (110 Martin Luther King, Jr. Boulevard) - Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum side setback of 15' to allow a 10' variance, or a 5' side setback Attorney Cherof reported that there are three variance requests associated with this property. Item #5 is unique. With respect to Items #3 and #4, the conclusion of the staff back-up report is that staff promotes the granting of the variance in this case or until such time as the appropriate Code revisions are made, The Legal Department does not promote the granting of the variance, but promotes the appropriate Code revision. Motion Vice Mayor 'Tillman moved approval. Commissioner Weiland seconded the motion. Commissioner Weiland supports the creation of a storefront walkway down Martin Luther King, Jr. Boulevard with parking in the rear. Unless there is a Code revision, this would not work because we would not be able to create uniformity and consistency on both sides of the street. Mayor Broening shared Commissioner Weiland's concern and that is why he recommended that a procedure be developed so requests like this could be approved. He is hopeful the City could provide a mechanism to make this work so that it would be less disruptive for the people who are willing to invest in this City. In response to Commissioner Denahan, Attorney Cherof advised that the Legal Department does not recommend approval of Items #3 and #4. It would recommend approval of Item #5, even though that variance would probably be meaningless without the first two variances. Attorney Cherof reiterated that the solution is Code revision. Vice Mayor 'Tillman pointed out that the City needs a linch pin. Some of the things the City would like to happen cannot happen because of regulations in our Code. Staff should identify these areas and make it known that there are pending Code changes and regulations for those areas. Vice Mayor 'Tillman does not want to stop progress in these areas. Mr. Greene advised that staff recognizes the shortcomings in our current Ordinances and there is a great deal of work to be done to update them to bring them in line with the vision. That process would take a great deal of time. Therefore, staff has been looking for creative solutions to solve the problem in the near term, Staff believed they had found a creative solution relative to the Berry request. Staff will return to the Commission at the next meeting with suggestions regarding how to address this and similar problems in the near term. The ultimate solution would be to bring our Ordinances in line with our vision. Mr. Hawkins felt this was actually a welcomed dilemma since the City finally found someone who was willing to do a project in a key redevelopment area. That is one of the reasons why staff chose to work with Mr. Berry who was willing to address the City's concerns There are no other projects waiting in the wings. The Commission could approve this project with the understanding that staff is in the process of developing long-term solutions and short-term 12 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 something new comes on line, there would be some design guidelines in place to continue this design style. Ms. Girtman inquired if this would apply to both sides of the street and was informed it would be a unified streetscape. Mr. Rumpf stated that staff envisions a mixed use on MLK Boulevard and would like it to happen in the same building. A woman in the audience who resides on NW 11'h Avenue asked if this would affect her property. Mr. Rumpf responded negatively and explained that all property owners within 400' were notified of this application. THERE WAS NO ONE ELSE THAT WISHED TO SPEAK ON THE APPLICATION. CHAIRMAN WISCHE CLOSED THE PUBLIC AUDIENCE. Mr. Rosenstock said that the theory among today's planners is to move everything forward with parking in the rear of the buildings. This allows people to park their cars and walk from building to building. Mr. Rosenstock felt this application was a step in the right direction. He would like the setback to be able to accommodate a large sidewalk, trees and bushes between the building. Mr. Rumpf pointed out that staff is trying to design something in advance of an official design and is trying to envision what is best and what is coming. Mr. Finkelstein pointed out that there is currently a 5' sidewalk in place. Motion Vice Chair Dube moved to recommend approval for the request for relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum side setback of 15 feet to allow a 10 foot variance, or a 5 foot side setback, subject to all staff comments. Motion seconded by Mr. Rosenstock. Motion carried 6-1 (Mr. Hay dissenting). 3. Project Name: Agent: Owner: Location: Description: .. ~.e.rw BuUdlng Kimberly A. Dellastatious A 1 A, P A Sammy Berry, Jr. & Eula Mason-Berry 110 Martin Luther King Jr. Boulevard Request relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum front setback of 30 feet to allow a 30 foot reduction or setback of zero (0) feet. There were no comments from the board members. CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. Blanche Girtman asked if this pertained to the zero setback from the backside of the sidewalk to the building. Ms. Girtman said she does not like what is being done to MLK Boulevard and that some of the lots are so small you won't be able to get a setback on the east side or west side nor in the back. 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 THERE WAS NO ONE ELSE IN THE AUDIENCE WHO WISHED TO ADDRESS THE ISSUE. CHAIRMAN WISCHE CLOSED THE PUBLIC HEARING. Mr. Finkelstein inquired if the matter of financial hardship no longer applied? The applicant said that he has since sold another piece of property and he is no longer claiming financial hardship. Mr. Rosenstock noted that there were 68 homes in the development and asked what would happen if 67 other homes requested the same thing? Assistant City Attorney Cirullo responded that is the reason this board considers variances on a case-by-case basis. Mr. Chafin said there are only 12 to 15 homes on his street. Mr. Finkelstein asked Assistant City Attorney Cirullo if the applicant's request falls within the criteria for granting relief for a hardship for a variance. Attorney Cirullo replied that these were two different questions. This qualifies as a variance that this Board could grant, but the Board must find that it meets the criteria in the Code for granting it, one of which is hardship. Motion Vice Chair DuM moved to deny the request for relief from Chapter 2, Zoning, Section 5 (c)(2)(a), requiring a minimum rear setback of 25 feet to allow a 9 Y, foot rear variance, or a rear setback of 15 Y, feet to construct an addition to a single family home. Motion seconded by Mr. Rosenstock. Motion carried 6-1 for denial of the request (with Mr. Friedland voting in favor of the request). Assistant City Attorney Cirullo reminded the applicant that this Board makes recommendations to the City Commission and that the City Commission has the authority to go with the recommendation or to change the Board's recommendations. 2. Project Name: Agent: Owner: Location: Description: -.[ I ..JU.lll!l'lIImmrlo,,;, Kimberly A. Dellastatious AlA, PA Sammy Berry, Jr. & Eula Mason-Berry 110 Martin Luther King Jr. Boulevard Request relief from Chapter 2, Zoning, Section 6(B) (3) requiring a minimum side setback of 15' to allow a 10' variance, or a 5' side setback. Ms. Kim Dellastatious, agent for the owner, took the podium. Mr. Rumpf noted there is a great priority for redevelopment in the City. Although the City would prefer not to have to use variances because they set precedents, staff feels in this case, the City would lose the opportunity for private initiative to begin implementing the redevelopment vision of the City. Mr. Rumpf stated the staff would like to see the entire street developed consistent with the vision, which staff is endorsing with the variances. Mr. Myott inquired what would be occupying the three bays. The agent stated the eastern bay is a professional office; the center bay. would be professional office or retail; and the western 7