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MINUTES OF A MEETING

OF THE BOARD OF ADJUSTMENT

CITY OF DEERFIELD BEACH, FLORIDA

April 27, 2006

 

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 7:00 p.m.

by, Chairwoman Summers.  Roll Call showed:

 

Present:            Helen Summers, Chairwoman

Clare Sheridan, Vice Chairwoman

Gail Battle

G. Kiley DeHaven

                        Shelia Pascar

                        Christine Armour, Alternate

                       

Also Present:    Mindy Moore, Planner

Charles J. Seaman, Assistant City Attorney

Vernadette Fuller, Minutes Secretary

                        Deborah Tuitiunna, Prestige Reporting Service

 

Absent: Steve Fine, Alternate

                        Elizabeth Willett, Alternate

                        Sanford Scher, Alternate

                       

SEATING OF ALTERNATES

 

No alternates were seated to serve at tonight’s meeting.

 

APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING

 

Chairwoman Summers requested either approval or corrections to the minutes of the Board of Adjustment meeting of, March 23, 2006.

 

Motion was made by, Ms. Pascar, and seconded by, Ms. DeHaven to approve the minutes of March 23, 2006 as submitted.

 

SWEARING IN APPLICANTS AND PUBLIC

 

Mr. Seaman swore in all those who would be testifying at the public hearing.

 

 

PUBLIC HEARING

CASE NO. 2061

 

Appellant:         COMMUNITY GOSPEL JESUS CHRIST IS THE LORD CHURCH

Appeal:            Seeking CONDITIONAL USE approval in accordance with Section 98-

                        53(c)(3)q. of the Deerfield Beach Land Development Code in order to allow a church in a B-1 zoning district.

Location:          823 S.E. 8 th Avenue, Suite 100.

 

A public hearing was held in Case No. 2061, seeking CONDITIONAL USE approval with Section 98-53(c)(3)q. of the Deerfield Beach Land Development Code in order to allow a church in a B-1 zoning district.

 

Ms. Moore read the appeal for the application and reported 195 letters were mailed, 5 were returned undeliverable. No letters of objection or approval were received. She stated that they are not allowed to have more than 12 seats in the sanctuary and parking will be allocated for the same.

 

Hermes Rezende-Senior Pastor and Duval Rede were present.

 

Mr. Rede spoke on behalf of the appellant and stated that they would like to use this location for services for 12 people.  They only have six people at this time and they will move to a different location once the congregation increases.

 

Ms. Battle asked how often the congregation meets and if the space is in use for regular business during the day.

 

Mr.  Rede replied that they meet on Wednesday and Sunday from 7:00 – 10:00 p.m., and the space would not be in use during the day.

 

Chairwoman Summers asked if anyone would live in the building.

 

Mr. Rede replied no.

 

Ms. Pascar asked what type of business is next to the appellant.

 

Mr. Rede replied that a plumbing business is in a bay two doors from them.

 

Chairwoman Summers noted that only one bathroom is available to the congregation.

 

Chairwoman Summers invited the public to speak either for or against the application.

 

Warren Gimler whose business is located in the same building stated that he does not think this is the right location for the church. The American Legion rented space in the same building and there was a problem with parking and he feels the church will have the same problem.

 

Chairwoman Summers asked how many businesses are located in the shopping center.

Mr. Gimler replied 50-60 businesses.

 

Ms. Pascar asked if Mr. Gimler is concerned about the noise as well.

 

Mr. Gimler replied yes.

 

Karen A. Reid, Gardens South, 750 S.E. 6th Avenue, stated that her building borders the street where new office buildings are located. She stated there is a problem with parking and allowing the church in this building would create more of a problem.

 

Ms. Battle, made a motion, seconded by, Ms. Pascar, to close the public hearing.  The motion CARRIED unanimously.

 

Ms. Battle stated that the appellant is requesting a conditional use for a year or less.

 

Vice Chairwoman Sheridan stated that this is the ideal tenant for the plaza because the church will operate in the evenings. Further, she believes the appellant will only have 12 people maximum attending the services and when they increase in number, they will find another place to hold their services.

 

Chairwoman Summers noted that all 12 of the people will come to the services at the same time and this could create a problem with parking.

 

Ms. Moore advised that the parking requirement is based on the number of seats and the code requires one parking space for every four seats. If they have more than 12 people, that would be a violation of the code.

 

Ms. Pascar asked who is responsible for making sure they are in compliance.

 

Ms. Moore replied Code Enforcement.

 

In response, to Chairwoman Summers, Ms. Moore replied that if they don’t adhere to the Code, the owner of the building has the right not to renew their lease. She added that the City Commission can approve a parking deviation for the church.

 

Vice Chairwoman Sheridan asked if the conditional use is tied to the tenant.

 

Mr. Seaman’s replied that is correct and outlined what uses are permitted in B-1 from the code.

 

Vice Chairwoman Sheridan, made a motion, seconded by, Ms. Battle, to approve Case No. 2061.  The motion PASSED 4-1. Ms. Pascar voted nay.

 

 

 

 

 

PUBLIC HEARING

CASE NO. 2062

 

Appellant:         VINCENT POITIER

Appeal:            Seeking a VARIANCE from the provisions of Section 39-275(3)(g) of the                   Broward Count Zoning Code in order to allow a shed to be located 4 feet

                        From the principal building rather than 10 feet as required by Code.

Location:          861 N.E. 50th Court

 

A public hearing was held in Case No. 2062, Seeking a VARIANCE from the provisions of Section 39-275(3)(g) of the Broward Count Zoning Code in order to allow a shed to be located 4 feet         from the principal building rather than 10 feet as required by Code.

 

Ms. Moore read the appeal for the application and reported 46 letters were mailed, 1 was returned undeliverable. No letters of objection were received. Ms. Moore, read for the record, a letter from Regina Hall indicating she is in favor of the variance.

 

 Vincent Poitier, 861 N.E. 50th Court, stated that the house is caddy-corner on the property and there are only 17-feet of space in the rear because of the pool.

 

Chairwoman Summers asked what size is the pool and how long has the appellant lived in his home.

 

Mr. Poitier replied that the shed is 10 x 14 and he has lived in his home for 15 years.

 

Vice Chairwoman Sheridan asked if there is an existing fence.

 

Mr. Poitier replied yes and he would like to install a wooden fence.

 

In response to Ms. Pascar, Mr. Poitier stated that the hedge could hide the fence.

 

Chairwoman Summers invited the public to speak either for or against the application.

 

Janice Thompson, 860 N.E. 51st Street, stated that she is in favor of the variance request.

However, if the variance is not granted, and she tries to sell her home, she does not want a problem as it relates the property line. The property has a pie shape from the property line to the street and the 5-feet would make a great difference to a buyer. She suggested that the shed is located within 4-feet of the property line and this would be shown on the new survey.

 

Ms. Pascar, made a motion, seconded by, Ms. DeHaven, to close the public hearing.  The motion CARRIED unanimously.

 

 

Ms. Pascar, made a motion, seconded by, Ms. DeHaven, to approve Case No. 2062.  The motion CARRIED unanimously.

 

PUBLIC HEARING

CASE NO. 2063

 

Appellant:         PERFECTONE MOLD CO. by Lawrence Taub

Appeal:            Seeking CONDITIONAL USE approval in accordance with Section

                        98-55(c)(2) of the Deerfield Beach Land Development Code in order

                        to allow a fabricating operation, specifically, the creation of dental,

                        jewelry and arts and crafts molds in a B-2 zoning district.

Location:          1717 S.W. 1st Way.

 

A public hearing was held in Case No. 2063, Seeking CONDITIONAL USE approval in accordance with Section 98-55(c)(2) of the Deerfield Beach Land Development Code in order to allow a fabricating operation, specifically, the creation of dental, jewelry and arts and crafts molds in a B-2 zoning district.

 

Ms. Moore read the appeal for the application and reported 6 letters were mailed, 0 were returned undeliverable. No letters of objection were received.                  

 

Ron Dru, 10 Fairway Drive, #205, representing the appellant, stated that this item was previously before the board and the correct address was advertised this time. He added that their business will create dental jewelry and arts and crafts.

 

Chairwoman Summers stated that the board was concerned with the type of business, what is produced and how the products would be shipped.

 

Mr. Dru stated an employee of the company for the past 25 years testified at the last meeting.

 

Ms. DeHaven, made a motion, seconded by, Ms. Pascar, to adopt the minutes of the previous hearing relating to Case No. 2063.  The motion CARRIED unanimously.

 

Ms. Pascar, made a motion, seconded by, Ms. DeHaven, to approve Case No. 2063.  The motion CARRIED unanimously.

 

PUBLIC HEARING

CASE NO. 2064

 

Appellant:         SPEAK UP BRAZIL, by Silvana Dos Santos

Appeal:            Seeking CONDITIONAL USE approval in accordance with Section 98-53(c)(3)g of the Deerfield Beach Land Development Code in order to operate a language school in a B-1 zoning district.

 

Ms. Moore, read for the record, a letter from Silvana Dos Santos indicating his desire to withdraw her application because the space she wants to rent is no longer available. She stated she would file a new application once she finds another location.

 

It was the consensus of the Board to withdraw Case No. 2064.

 

 

ADJOURNMENT

 

There being no further business, motion was made by, Vice Chairwoman Sheridan and seconded by, Ms. Battle and to adjourn.

 

The meeting was adjourned at 7:40 p.m.

 

 

 

 

 

                                                            ____________________________

                                                            Helen Summers, Chairwoman

                                                            Board of Adjustment