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BOARD OF ADJUSTMENT MINUTES (1990) MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CBMtBERS., CITY HALL, BO~TON BEACH, FLORIDA, ON MONDAY, JUNE 11, 1990 AT 7:00 P. M. PRESENT Raymond Eney, Secretary James Miriana Thomas Newton patt Tompson Ben Uleck Henrietta Solomon, Alternate (Voting) Alfred Newbold, Administrator, Plan Review and Permitting / ., ABSENT Vernon Thompson, Jr., Chairman (Excused) A. A. Stuart Herbert Fox, Alternate (Excused) Secretary Eney called the meeting to order at 7:00 P. M. and explained he was conducting the meeting as the Chairman could not attend the meeting and the Board had no Vice Chairman. He recognized the presence in the audience of Vice Mayor Lee Wische. APPROVAL OF MINUTES Mrs. Solomon moved to approve the Minutes of April 9, 1990 as presented. Mr. Newton seconded the motion, and the motion carried 5-0. ELECTION OF OFFICERS Chairman /rn-." Vernon Thompson was reelected Chairman by acclamation. Vice Chairman -" Mrs. Solomon nominated Mr. Uleck. Mr. Uleck declined the nomination. Mrs. Solomon then nominated Mr. Newton as Vice Chairman. There were no other nominations, and the nominations were closed. Mr. Thomas Newton was unanimously elected Vice Chairman of the Board. He preferred that Mr. Eney continue to preside over the meeting because of Mr. Eney's experience on the Board. ;r".=.......... - 1 - MINUTES -.BOARD OF ADJUSTMENT BOYNTON" BEACH, FLORIDA JUNE 11, 1990 /' -, NEW BUSINESS As the Members knew the criteria upon which they should judge a case, secretary Eneyfelt there was no point in reading the criteria. CASE #144 Address: 1007 Ocean Drive Legal Description: Leisureville Rec. #1, Parcel "R", replat of 1st section, Plat Book 28, pages 201-203 Owner: Palm Beach Leisureville Community A-sociation, Inc. Request: Relief from zoning requirement of 69 parking spaces to be reduced to 58 spaces in order to construct a 680 square foot addition to an existing office building (which includes a new lobby, two restrooms, beauty salon and storage area) Craig Livingston,AIA, 5725 Corporate Way, Suite 208, West Palm Beach, FL 33407, did renovations at Recreation Build- ings 1 and 3. They are proposing to expand the existing administration building in recreation building #1, which is on the north side of Ocean Drive. As part of the expansion program, they are required by the City to bring the parking lot up to Code. The parking lot now has approximately 40 or 45 spaces. According to the Boynton Beach Code, they need 69 spaces. Mr. Livingston proposed to restripe and repave the parking lot ~nd to reorient parking spaces so they will conform with the Code. He asked for relief from the required 69 spaces. '..1....." Based on their analysis, Mr. Livingston found the parking lot was need in repair. It is never more than 50% or 60% full at anyone time, so he did not think 69 spaces were needed. Mr. Livingston felt 58 spaces would be more than adequate. The Code, as it now exists, was enacted after the project was built, and he felt this was a hardship on the Leisureville community. ......;,;.;....., Mrs. Solomon asked what goes on in the Administration Build- ing. Mr. Livingston answered there is a map on the front entrance, Which is an introduction to the community. They have resales there, two or three Secretaries who collect the maintenance fees, a manager with an office, a small computer - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1990 ,/ -', room, a small meeting room, a storage area, and a small beauty salon. It was designed in 1968 and does not meet handicap requirements. They want to update it and make it more beneficial to the residents. Secretary Eney read the application. that the uses they were adding would traffic. The lobby would be bigger, attract more people. Mr. Livingston stressed not generate more but it would not /.,.." Vice Chairman Newton inquired whether the facilities will be completely accessible to handicapped people. Mr. Livingston answered affirmatively. He added there is no rear area to expand, which is a hardship on the community. As no one wished to speak in favor of or in opposition to the granting of the variance, THE PUBLIC HEARING WAS CLOSED. It appeared to Mrs. Solomon that the extra space would not make a difference to the parking spaces. Mrs. Solomon moved to grant the variance, seconded by Mr. Miriana. A roll call vote on the motion was taken by the Recording Secretary, as follows: Mrs. Solomon Mr. Miriana Secretary Eney Ms. Tompson Vice Chairman Newton Mr. Uleck Aye Aye Aye Aye Aye Aye Motion carried 6-0. t"'-!,f""'- CASE #145 Address: 2002 S. W. 13th Avenue ."'~ Legal Description: Leisureville Rec. #3, Plat of 7th section and Parcel A, Plat of 8th section, Plat Book 29, pages l45-147 & 180-182 Owner: Palm Beach Leisureville -;~\ Request: Relief from zoning front yard setback requirement of 25'to a reduced front setback of 19' to construct a 830 square foot addi- tion to an existing recreation center to be used as a storage room - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE: 11, 1990 I" Mr. Eney read the application. '" Don Jaeger, Building Official, entered the meeting at 7:25 P. M. fe, Craig Livingston, AIA, 5725 Corporate Way, Suite 208, West Palin Beach, FL 33407, stated this is simply a storage area. They had applied for a variance so they could build a build.ing toward the west end of the building. When they went before the TRB, they found out an old sewer line eight inches down which would be very expensive to move. No ease- ment had been granted to the City, so the City would have access to it. Rather than going to the expense of moving the sewer line, they decided to put this extension to the storage area on the northeast corner. The extension will ma,tch the existing building, and there will be landscaping. Mr. Livingston explained. There was discussion about the location of the storage area and the screening. Mrs. Solomon asked if the space could possibly be used as part of the recreational facility. She did not think storage required all this space. Mr. Livingston replied that at this point, the storage area will just be used for storing chairs and tables. As no one wished to speak in favor of or in opposition to the granting of the variance, THE PUBLIC HEARING WAS CLOSED. In view of the fact it will only be used for storage and will not change the view of the community, Mrs. Solomon saw no reason not to grant a variance. /'"" I Mrs. Solomon moved, seconded by Ms. Tompson, to grant the variance. The Recording Secretary took a roll call vote on the motion, as follows: '".."...,.... Mr. Miriana Secretary Eney Ms. Tompson Vice Chairman Newton Mr. Uleck Mrs. Solomon Aye Aye Aye Aye Aye Aye Motion carried 6-0. ."""- - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1990 /,';-'''' CASE #146 Location: Southwest corner of Congress Avenue and N. W. 22nd Avenue Legal Description: A portion of land in the Southeast quarter of Sec. 18, Twp. 45 S., Rge. 43 East, and being a part of the N~ of the NEt of Sec. 19, Twp. 45 S., Rge. 43 E., in Palm Beach County, Florida r~"", Owner: A-erican Development Corporation Request: Relief from zoning requirement of 815 parking spaces to be reduced to 784 to construct a 141,940 square foot shopping center (which includes a 8,740 square foot restaurant) Secretary Eney read the application and the letter dated May 7, 1990 from Jose Aguila, Associate, Currie Schneider Associates AIA, P.A., Architects, Planners & Interior Designers, 25 Seabreeze, D-lray Beach, FL 33483. (See Addendum A attached to the original copy of these minutes in the Office of the City Clerk.) Alan Ciklin, ES9', Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, Northbridge Centre-Suite 1900, 515 North Flagler Drive, West Palm Beach, FL, called attention to Mr. Aguila, who was sitting in the audience. John Benditz, Kimley Horn and Associates, Inc., Traffic Engineers, West Palm Beach, FL, was also present. P'!""",",- Attorney Ciklin gave background information on the applica- tion and reasons for the request for variance, as outlined in Addendum A attached to the original copy of these minutes in the Office of the City Clerk. He showed a drawing of the shopping center and explained the right-of-way. Attorney Ciklin stated ,Target was satisfied with the number of park- ing spaces and believed they would be more than adequate~ ~ ""\ If the applicant is unable to give the right-of-way to the County, Attorney Ciklin said the County will condemn the right-of-way, pay for it, and the results will be the same. The difference will be that it will take longer for the City and County to get the right-of-way, and it will take longer for the intersection improvements to be constructed. Attorney Ciklin believed it would be an unnecessary and undue hardship on the applicant because the applicant is in limbo. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1990 / .... The applicant has a choice of building the shopping center "as is" but when the County condemns the additional property it needs, it will force the County to tear out the landscap- ing, paving and restr,iping of the parki,ng lot after the fact. It will cost considerably more than the right-of-way is worth because there will be damage to the site itself. r.;-r,........, Attorney Ciklin stated the applicant could not tell the County to take the right-of-way because there was no adminis- trative way, except through a variance from the Board of Adjustment for the 31 parking spaces. Mr. Aguila worked a long time to make sUl;"e, the 31 spaces were the minimum spaces required. AttorneY Ciklin emphasized it would be less than 4% of the overal1, site, and it was in harmony with the intent and .purpose of the Code. By granting the variance, he said the City, County a;nd taxpayers would be saving between $175,000 and $:200,000 because they will be able to get the right-of-way free. Attorney Ciklin continued by saying they were in this posi- tion because they had agreed it would be a good thing to do to accommodate the City and County. The City, Staff and County Staff agreed. If the full complement of parking is ever used, Attorney Ciklin stated it would be at Thanksgiving and Christmas time. Most people that deal with these issues feel it is not good to put in a lot of pavement just for those two times of the year. .,~'~" Mr. Uleck referred to the shopping center at the northeast corner and recalled they had to put in a right-of-way for a right-hand turn. He thought a right-hand turn would help . out. Attorney Ciklin agreed but he explained on Shoppes of Boynton, it was part of their conditional approval that they dedicate the right.,.of-ways when they formed the improvement. It was not a condition of the applicant's approval after a thorough review by the City Staff. The applicant already has an approved site plan and could build it without these improvements, if they were to dedicate this land to the County and let them make the improvements they are looking to make, but they would be 31 spaces short. Mr. Aguila interjected that both the City and the County have requested this. ,.,........ ....., Mr. Benditz emphasized that additional improvements were required as part of this development. He drew attention to the drawing and explained the improvements that were required in order for the project to go forward and said all of the improvements are able to take place within the exist- ing right-of-way. The additional right-of-way is not - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE '11, 1990 ,/ '-'" i"C'" necessary to accommodate the required improvements to the development. Mr. Benditz called attention to a letter dated May 13, 1990, written by Charles Walker, Jr., P.E., Director - Traffic Division, Department of Engineering and Public Works, l?alm Beach County, recommend,ing that the variance be approved so the dedication can go forward. (See Addendum B attac~ed to the origin~l copy of these minutes in the Office of the City Clerk.) The County is considering making interim improvements over and above thOse required at this time. Mr. Aguila stated that one of the conditions of their approval is to do improvements to the intersection of Hypoluxo R,oad and Congress Avenue beqause of the impact of this development. If they are able to get the variance and dedicate this ,land to the County, improvements will then be ma,de at N. W. 22nd Avenue and Ccngres$ Avenue. Instead of spending the money they would have spent at Hypoluxo, they will be spendirlg it in :the Cit;.y. Mr. Aguila explained it wO'-lld be a tradeoff. He further explained they are widen- ing the road to allow braffic to traviel on N. W. 22nd Avenue and Congress Avenue. 'f"'~""", Mr. Benditz informed Mr. Miriana the required improvement to this project is one additional lane on this particular approach. The right-of-way dedication would allow for the full expansion of that intersection, which would accommodate double left turns on the approach and accommodate openly three through lanes on N. W. 22nd Avenue and a right turn lane. All of those improvements are necessary at this time, but the right-of-way dedication is to accommodate those ultimate needs as they come on board. It is not to accommo- date any turn lanes into the site but is to accommodate additional turn lanes and through lanes at the intersection of N. W. 22nd Avenue and Congress Avenue. ,".... Mr. Uleck asked who would pay for the right-of-way. Attorney Ciklin answered the developer owns the right-of-way and is going to give it to the County for the expansion of the intersection without cost. That was why they were seeking the variance. Attorney Ciklin expla~ned. Discussion ensued about who should pay for paving and who would benefit. '" If the Board denies the variance, AttorneY_Ciklin said the County will have to pay for condemnation of the right-of- way. The County will also have to pay for the developer's damages. The reason the applicant does not want to wait and take the money is because of the disruption of the - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1990 /<'-,........, shopping center in relocating landscaping and parking. Attorney Ciklin further explained. .-.~ Mrs. Solomon asked how many stores there will be. A.....torney Ciklin replied Target will be the major one. He stated it will depend on how big the stores 'are. There could be from 10 to 1'4. Mr. Aguila informed Mrs. Solomon there will be 775 parking spaces. 806 parking spaces are required. r'.,c,~ Secretary Eney read Mr. Walker's letter into the record (Addendum B). Mrs. Solomon did not think there would be enough parking spaces. She referred to egress and ingress for the parking. Attorney Ciklin r'eminded her of the request. There were further comments about parking from Mrs. Solomon and Attorney Ciklin. Attorney Ciklin wished to have Mr. Benditz SPeak again. Mr. Benditz commented and then added if KimleyHorn felt there would be an operational problem on the site, they wou:Id not be advising the developer to make the deqication to the County. There are a lot of these types of facilities in place. They would not be coming into the site if they felt the nu~ber of spaces would be inadequate for their use. He thought the spaces were adequate. In response to other questions by Mrs. Solomon, Mr. Aguila told her to think of this as an extension of Catalina Centre. If Tim Cannon, Interim Director of Planning, had not encouraged the applicant to come before this Board Attorney Ciklin stated they would not have come. The City Staff was supportive of this. ,~ Mr.s. Solomom asked whether Mr. Newbold felt there would not be congestion and overcrowding there. Mr. Newbold replied that the applicant had Traffic Engineers. He thought the Board should consider whether this was a necessity. Mr. Newbold stated he had not heard from Mr. Cannon saying he supported this. Attorney Ciklin replied that Mr. Cannon was going to be at the meeting to speak. -11"1',,- "''''. Mr. Newbold asked if the stores the applicant now has would require them to go for a modification to the site plan and that some stipulations still had not been done. Mr. Benditz thought that had been resolved. Attorney Ciklin agreed and said that had nothing to do with this variance. He explained the amendment to the site plan and said he had minutes he cduld Show to the Board. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1990 /,C"",, ""~' Discussion ensued about traffic, Target, and the taxpayers. ~r. Uleck asked why the buildings 'could not be made smaller. Attorney Ciklin replied they could do that, but the County and City Want the applicant to giv:e $200,000 of free real estate to them. If they shrink some of the buildings, they will lose some of their rentals as well. Attorney Ciklin stated they agreed to give the property free of charge, but they will not agree to reduce the square footage of the shopping center becaus~ they have an approved site plan. Heca;1.1ed attention to the letter from Mr. Walker and told Mr. Miriana 31 parking spaces is the trade of.f. Attorney Ciklip stated there Was also a Letter from ~r. Cannon. (See Addendum C attached to the original copy of these minutes in the Office of the City Clerk.) /C...... Mr-. Tompson thought the granting of the variance would save the City money. Secretary Eney asked if anyone wished to speak in favor of or in opposition to the granting of the variance. There was no response, and THE PUBLIC HEARING WAS CLOSED. Mr. Miriana moved to grant the variance, as it is a necessity. In response to Mr. Uleck'.s suggestion, Secretary Eney said it was understood the granting of the variance to mean the developer would dedicate 4/l.0th of an acre to the County. Vice Chairman Newton seconded the motion. The Recording Secretary took a roll call vote on the motion, as follows: ~f'''''''\ Ms. Tompson Vice Chairman Newton Mr. Uleck Mrs. Solomon Mr. Miriana Secretary Eney Aye Aye Aye Aye Aye Aye Motion carried 6-0. '''r-- ADJOURNMENT -..... The meeting properly adjourned at 8:20 P. M. ~~z~~ Recording Secretary GI (Two Tapes) - 9 -