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Minutes 05-14-84MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MAY 14, 1984 PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Lillian Artis, Alternate ABSENT Bert Keehr, Deputy Bldg. Official Joseph Moore (Excused) Paul Slavin (Excused) Ben Uleck (Excused) Harold Weinberg, Alternate (Excused) Chairman Thompson called the meeting to order at 7:00 P.M. He referred to this being the first meeting of the new term and announced it is the consensus of the board to hold an organizational meeting at a later date because of having four people absent. He then introduced the Deputy Building Official, members of the board and Deputy City Clerk taking the minutes. He recognized the presence of Mayor Carl Zimmerman and Councilman Nick Cassandra in the audience. Chairman Thompson explained that five votes would be needed to grant a variance and not a majority and also read the six criteria on which a judgment is based. He added that the members also view the property in question. MINUTES OF APRIL 9, 1984 Mr. Mearns moved to accept the minutes as received, seconded by Mr. Ampol. Motion carried 5-0. PUBLIC HEARING Case #59 - Lot 46, less the west 60 feet, CRESTVIEW, as recorded in Plat Book 23, Page 154, Palm Beach County Records Request - Relief from 25 ft. rear yard setback requirement to be reduced to 7.5 ft. for construction of efficiency apartment. Address - 219 S. E. 22nd Avenue Applicant - Bernice L. Hansen Mr. Gordon read the application and reasons noted for requesting this variance. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 14, 1984 Chairman Thompson requested the applicant to come forward. Mrs. Bernice Hansen, 219 S.E. 22nd Avenue, stated she thought her reasons were expressed on the application. She explained how she did not presently have adequate sleeping arrangements in her home and her mother wants to live with her. This will be a source of added income and sleeping arrangements for future years. Chairman Thompson referred to the property being purchased in 1974 and the ordinances being changed in 1975 and requested information-from the Deputy Building Official. Mr. Keehr explained that the house met the requirements when built in 1973, but there was a different policy of establishing the front yard. Since 1975, the policy has been to consider the front of the lot to be the narrow por- tion and the requirement is a 25 ft. setback on all four sides, which is a hardship for this particular lot. It would be permitted to build to the north; however, a concrete patio is there and the design of the house would make it ineffective. Mrs. Hansen explained that the patio was constructed to the north because of being told their back yard was in a dif- ferent location. Mr. Mearns asked if it could have been built without a variance previously and Mr. Keehr replied affirmatively. Mr. Keehr advised that in reference to extra money and effi- ciency apartments, this is not permitted in itself in this zoning; however, this applicant is permitted to build an addition that is accessible from her home and utilize it for whatever purpose if it is for a blood relation living there. However, when there is not a blood relation living there, it becomes a two-family home. Chairman Thompson clarified that this would be considered an efficiency in the home and not an addition. Mr. Keehr agreed there is no problem with an addition as long as it is family living in it. Further discussion ensued regarding living and sleeping additions. Mr. Ampol referred to the property being purchased in 1974 and a zoning change taking place in 1975 and asked if there was any possibility of granting a variance under the grand- father clause and Mr. Keehr replied negatively. Mr. Mearns questioned if this should be considered by this board since no plans have been received and Chairman Thompson informed him that we must determine whether a hardship has been placed on this property. Mr. Keehr added that the use of this addition at this point is definitely - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 14, 1984 secondary once the fact is established that it will not be used illegally. Mrs. Artis questioned the discrepancy about the back yard location and Mr. Keehr agreed it was a confusing situation and apparently the person who informed Mrs. Hansen wrongly thought he was right. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and received no response. He then asked if anyone wanted to speak against this request and the following came forward. Mr. Elmer Florian, 2202 S.E. 2nd Street, referred to there being several large dogs in this area and asked if Mrs. Hansen owned any. Mrs. Hansen replied that she has only one dog, but her neighbor has three. Mr. Florian asked if this addition would be used for any additional dogs and Mrs. Hansen replied negatively. Mr. Florian stated that he is against this variance because he feels any variation from the building code of the neighborhood renders it a little more fragile to all kinds of changes. He has a beautiful house and would like to keep it that way. He is afraid this would begin a change and there would be more and more. Mr. Gordon advised that no communications had been received. Chairman Thompson opened this request to the board members for discussion. He stated that he thinks Mr. Keehr has pointed out that the city created a hardship. Also, we have to assume someone made a mistake when determining the rear yard previously. The front is now on the east side of 2nd Street. The property has setbacks of 25 feet on three sides and it appears all around, she has given more than her share of land. Mr. Gordon asked who is going to live in this addition and Mrs. Hansen replied that it is for her mother. Mr. Gordon stated inasmuch as the hardship was caused by the city and inasmuch as it is a blood relative who is going to live in this addition, he moves this variance be allowed. Mr. Ampol seconded the motion. No discussion. As requested, Mrs. Kruse then conducted a roll call vote and the vote was 5-0 in favor. OTHER Chairman Thompson referred to having the problem during the summer of not having enough people to participate on the board and asked if anyone is not going to be in town during - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 14, 1984 June, July or August, to please notify the city in time. Mr. Gordon advised that he will be gone during July and August. Mr. Ampol advised that he will be gone in June. Mr. Keehr referred to having three applications for the June meeting and ascertained there would be a quorum. Chairman Thompson announced the organizational meeting is being postponed until the next time when seven members will be present, so everybody will be given the chance to par- ticipate. ADJOURNMENT Mr. Mearns moved to adjourn, seconded by Mr. Gordon. Motion carried 5-0 and the meeting was properly adjourned at 7:35 P. M. Suz~hne M. Kruser Deputy City Clerk (One Tape) - 4 -