MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT CITY OF DEERFIELD BEACH, FLORIDA December 16, 2010 CALL TO ORDER AND ROLL CALL

Transcription

1 MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT CITY OF DEERFIELD BEACH, FLORIDA December 16, 2010 CALL TO ORDER AND ROLL CALL A regular meeting of the Board of Adjustment of the City of Deerfield Beach, a Municipal Corporation of Florida was called to order on the above date at 7:04 p.m. by, Vice Chairwoman Pascar. Roll Call showed: Present: Shelia Pascar, Vice Chairwoman Gail Battle Sandra Gordon Sanford Scher, Alternate Also Present: Jerry Ferguson, Director of Planning and Growth Management Amanda Martinez, Planner Andrew Maurodis, City Attorney Vernadette Fuller, Minutes Secretary Absent: Helen Summers, Chairwoman Clinton Painter Christine Armour, Alternate SEATING OF ALTERNATES Mr. Scher was seated to serve at tonight s meeting. APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING Acting Chairwoman Pascar requested either approval or corrections to the minutes of the Board of Adjustment regular meeting minutes of November 18, Mr. Scher asked that the minutes be corrected to reflect that he was seated as an alternate at the November 18, 2010 meeting. Motion was made by, Mr. Scher, and second by, Ms. Gordon to approve the minutes of November 18, 2010 as corrected. The motion CARRIED unanimously. SWEARING IN APPLICANTS AND PUBLIC Mr. Maurodis swore in all those who would be testifying at the public hearing. PUBLIC HEARING CASE NO. 2253

2 Appellant: JW CIGARS, by Jerry Pearson Request: Seeking CONDITIONAL USE approval in accordance with Section c (3)(1) of the Deerfield Beach Land Development Code in order to allow an alcoholic beverage establishment in the B-1 (Business, Community) zoning district. Location: The property is located at 123 N.E. 20 th Avenue, Suite 13. Ms. Martinez read the appeal for the application and reported letters 175 were mailed; 1 was returned undeliverable. No letters of objection or approval were received. She added that staff confirms that the appellant complies with the following Conditional Use Criteria under Section 98-85; 1) the use is a permitted conditional use, 2) the use complies with all specific development requirements; 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. Lastly she said that the appellant needs to demonstrate satisfaction for the following Conditional Use Criteria 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; and 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas. Jerry Pearson, 4772 N.W. 90 th Way, stated that this property consists of approximately 1049 square and they are proposing a small bar in the front area to accommodate 10 people. He acknowledged that smoking will be allowed and they will serve beer, wine, soft drinks and water. He said that the space will also have a retail area and a humidor. Ms. Gordon asked for clarification on the statement that there will be very little negative impact on the surrounding area. Mr. Pearson replied that he is referring to the traffic, noise and air pollution. He said that there will be 2 filtration devices in the store and they are rated for about 4 times the cubic area. Acting Chairwoman Pascar pointed out that there is an issue in this location with Bru s Room as it relates to the noise and problems when people drink. She asked if the doors will be closed and if there will be music. Mr. Pearson replied that the doors will be closed and the music will be very low. He said that he 2

3 is not looking for a nightclub type atmosphere. Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward. Ms. Battle made a motion, second by Ms. Gordon to close the public hearing. The motion carried unanimously. Mr. Scher made a motion, second by Ms. Battle to approve Case No and pursuant to Section of the Deerfield Beach Land Development Code: ( 1) the use is a permitted conditional use as set forth in Article III hereof, 2) the use complies with all specific development requirements as set forth for that use in the district in which it is located; 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas (there are no residential areas near the property); 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. The motion CARRIED unanimously. CASE NO 2254 Appellant: Request: Location: CROATIAN-AMERICAN SOCIAL CLUB, INC., by Danko Grgas Seeking CONDITIONAL USE approval in accordance with Section c (3) (N) of the Deerfield Beach Land Development Code in order to allow a private club in the B-1 (Business, Community) zoning district. The property is located at 849 S.E. 8 th Avenue. Ms. Martinez read the appeal for the application and reported letters 150 were mailed; 3 were returned undeliverable. There were no letters of approval but one letter of objection was received. She added that staff confirms that the appellant complies with the following Conditional Use Criteria under Section 98-85; 1) the use is a permitted conditional use, 2) the use complies with all specific development requirements; 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or 3

4 approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. Lastly she said that the appellant needs to demonstrate satisfaction for the following Conditional Use Criteria 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; and 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas. Jerry Ferguson, Director of Planning and Growth Management, read for the record, a letter of objection from Warren Gimler, 831 S.E. 8 th Avenue, which states that he is not able to be present because of a previous commitment. He said that because of the parking problem in Palm Plaza, it has been very difficult to operate business in a normal way. Continuing, he would agree to the conditional use limiting the use of parking for large functions Monday-Friday from 8:00 a.m. to 5:00 p.m. Danka Grgas, N.W. 14 th Street, Coral Springs, stated that parking will not be an issue and they are under contract to purchase the old restaurant. He said that they would have to remodel the building before they can use the facilities. He noted that the average age of their members is and there will be no high activity and they won t be a nuisance to the neighbors. Lastly, he said that they have been searching a long time for a facility that would meet the needs of their members. Mr. Scher asked how many members do they currently have and how many will attend their functions. Mr. Grgas replied 85 and approximately will attend their functions. Mr. Scher asked if the functions will take place after 5:00 p.m. Mr. Grgas replied yes. He also said that their dinner dances and functions were held at the Deerfield Beach Hilton in the past and they like the location. Acting Chairwoman Pascar asked if the events will be held indoors and if they have any events during the week. Mr. Grgas replied that the events will be held inside on the weekend. Acting Chairwoman Pascar invited the public to speak either for or against the application. Michael Gagliardi, Commander American Legion Post 162, 5749 Camino Del Sol #400, Boca 4

5 Raton, stated that there is a church located approximately 700 feet from the proposed property and they utilize the parking lot. Also, there are 12 empty stores in the plaza and when they are occupied; there will be a problem with parking. He said that the WWII veterans have to park 1-2 blocks when the church is in session. Mr. Scher asked for clarification on the church s location. Mr. Ferguson replied that the church is located across the street in the Rogers Center. He also noted that Palm Plaza parking lot is owned by the City and Pellegrino s Restaurant occupied the space prior to this applicant. Adrian Peana, 4100 North 58 th Avenue, Hollywood, stated that he represents the engineering firm that prepared the submittal for the Croatian-American Social Club. He said that the parking requirement per the Code is less for a social club than Pellegrino s Restaurant, therefore it is not necessary to place limitations on the parking as previously requested in the letter from Mr. Gimler. Lastly, he said that if there are parking infringements, they should be addressed by Code Enforcement. Acting Chairwoman Pascar asked if the restaurant s capacity is 110. Mr. Peana replied 114. Ms. Gordon asked if the church has the right to use the parking lot. Attorney Maurodis replied yes, the Palm Plaza parking lot. Maureen, Costello, 1464 S.E. 7 th Street, President of the American Legion Auxiliary, stated that Pellegrino s never had 110 people at one time in the restaurant and there is problems with parking at the south end of the parking lot because the church members park there frequently. She pointed out that the Croatian-American Club s events will take place the same time as the American Legion s. Mr. Scher made a motion, second by Ms. Battle to close the public hearing. The motion carried unanimously. Ms. Battle acknowledged that the applicant complies with the parking requirements. Acting Chairwoman Pascar noted that it is very difficult to restrict parking in a public lot. Ms. Gordon said that the church may be moving. Mr. Ferguson stated that the church received permission from the City Commission to relocate, however, there is speculation they will submit an application for another location next month. Acting Chairwoman Pascar agreed that the criterion has been met. 5

6 Ms. Battle made a motion, second by Ms. Gordon to approve Case No and pursuant to Section of the Deerfield Beach Land Development Code: ( 1) the use is a permitted conditional use as set forth in Article III hereof, 2) the use complies with all specific development requirements as set forth for that use in the district in which it is located; 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas (there are no residential areas near the property); 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. Also, the appellant cannot have more than 40 occupants. The motion CARRIED unanimously. CASE NO 2255 Appellant: Request: Location: TEMPLE KOL ISRAEL, by R. Noel Livingston Seeking CONDITIONAL USE approval in accordance with Section c (3) (q) of the Deerfield Beach Land Development Code in order to allow a house of worship in the B-1 (Business Community) zoning district. The property is located at 2257 W. Hillsboro Boulevard. Ms. Martinez read the appeal for the application and reported letters 159 were mailed; 22 were returned undeliverable. No letters of approval or objection were received. She added that staff confirms that the appellant complies with the following Conditional Use Criteria under Section 98-85; 1) the use is a permitted conditional use, 2) the use complies with all specific development requirements; 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; note: 345 spaces are currently being used by other tenants and this use will increase the requirement by 17 for a total of 362; and 10) the use conforms with all applicable regulations governing the district where it is located. Lastly she said that the appellant needs to demonstrate satisfaction for the following Conditional Use Criteria 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other 6

7 property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; and 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas. Noel Livingston, Vice President of Temple Kol Israel, 1365 S.W. 7 th Street, Boca Raton, stated that they are requesting to use the proposed property as a place of worship. He said that another church was located in this space and they do have adequate parking. He said that the property consists of one large meeting area which holds up to 100 people and has men and women s handicap restrooms and 4-5 other rooms. He said that there won t be any negative impact to the surrounding area. He noted that their services are Friday evening and Saturday and Sunday mornings. He said that they will have very few functions during the week. Acting Chairwoman Pascar asked if there will be religious school services during the week. Mr. Livingstone replied no, only Sunday morning. He noted that their temple is about 4 years old and they have approximately 30 families. He did say that they would like to have a school and gift shop in the future. Ms. Gordon asked if an educational type school will be held on the property. Mr. Livingstone replied religious classroom training will be provided. Mr. Scher made a motion, second by Ms. Battle to close the public hearing. The motion carried unanimously. Acting Chairwoman Pascar said that they have plenty of parking. Mr. Scher made a motion, second by Ms. Gordon to approve Case No and pursuant to Section of the Deerfield Beach Land Development Code: ( 1) the use is a permitted conditional use as set forth in Article III hereof, 2) the use complies with all specific development requirements as set forth for that use in the district in which it is located; 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas (there are no residential areas near the property); 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining 7

8 properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. Also, the appellant cannot have more than 40 occupants. The motion CARRIED unanimously. REPORTS NONE ADJOURNMENT There being no further business, motion was made by, Mr. Scher and second by, Ms. Gordon. The meeting was adjourned at 7:39 p.m. Shelia Pascar, Acting Chairwoman Board of Adjustment 8