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MInutes 10-23-78MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, OCTOBER 23, 1978 AT 7:00 P. M. Pt~ESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Secretary Ben Adelman Mrs. Lillian Bond Foy Ward Serge Pizzi, Alternate Robert B. Olds, Alternate Bert Keehr, Deputy Bldg. Official ABSENT David Healy, Vice Chairman (Excused) Charles Rodriguez (Excused) Chairman Thompson called the meeting to order at 7:02 P. M. He introduced the members of the Board, Deputy Building Official and Recording Secretary. MINUTES OF AUGUST 28, 1978 Mr. Olds made a motion to accept the minutes as presented, seconded by Mrs. Bond. Motion carried 7-0. COMMUNICATIONS Chairman Thompson distributed the latest addendums to the Zoning Code. He ascertained there was no other correspondence. PUBLIC HEARING Parcel Lot 56, Crestview Recorded in Plat Book 23, Page 154 Palm Beach County Records Request - Relief from 30 ft. side setback requirement to 21 ft. side setback to add addition to north side of building Address - 207 S. E. 23rd Avenue Applicant - Virginia Q. Mirabal Mr. Zimmerman read the above application. Mr. Keehr explained that this is a non-conforming structure. It was a residence, but is now zoned C-!. According to the Zoning Code, a non-conforming structure cannot be enlarged. He referred to the C-1 zoning not addressing the front, but explained that 30 ft. setbacks would be required on both street sides and in the rear; therefore, these setbacks would actually nullify the use of this property because the widest building allowed would be 15 ft. He has discussed this with the City Planner and he concurs that this is a hardship in this respect. Also, this property had a MINUTES - BOARD OF ADJUSTMENT OCTOBER 23, 1978 rQpf which extended into the side yard within 5 ft. of the property line, but the plans are to remove this which will make the building more conforming as far as hardship to the residential property. Chairman Thompson clarified that the roof line extends 21 feet on the north and Mr. Keehr agreed and pointed out that it pro- trudes within 5 ft. of the property line. He added that the swimming pool will also be removed. He added that the plans show a modification in the front; but in all cases, the building will not extend beyond the present setback lines. Mr. Mirabal showed a picture of the proposed building. Mrs. Bond referred to the building to the east and asked if i.t would be in the same building line or would it be set back and Mr. Keehr replied that it would be conforming. Dr. Mirabal added that both are exactly the same houses and the other houses have been made into offices and they will conform to the same lines. Mr. Olds referred to parking area being required and Mr. Keehr informed them that the Board is to consider the granting of a variance on this setback and all other requirements, will be re- quired to obtain the permit. Chairman Thompson requested Mr. and Dr. Mirabal to explain the plans. Dr. Mirabal explained the plan thoroughly and pointed out the existing building and addition, explained the use of the various areas, etc. Mr. Olds asked if any correspondence had been received from any of the neighbors and Chairman Thompson replied that no correspon- dence had been received regarding this application. Chairman Thompson referred to noticing that construction had started and Dr. Mirabal explained that she had obtained a tem- porary permit to relocate the bathrooms. Mr. Keehr verified that such a permit had been issued to demolish the bathrooms on the second level. Mrs. Bond asked if a wall would be required to separate the com- mercial and residential zones and Mr. Keehr informed her that the requirement had been changed to a hedge in the C-1 zone only. Chairman Thompson asked if the parking would be join~dd in the rear and Mr. Keehr replied affirmatively. Mr. Zimmerman referred to the setback not conforming in the front and asked if this had to be included in the variance and Mr. Keehr clarified that it is a non-conforming structure. He pointed out that the request was to reduce the north side from 30 feet to 21 feet and the south side from 30 feet to 15 feet. Chairman Thompson referred to there being an encroachment on the line shown on the drawing and Mr. Keehr informed him that it was a small railing which is permitted. -2- MZNHTES BOARD OF ADJUSTMENT OCTOBER 23, 1978 Mr. Adelman made a motion to grant this variance request, seconded by Mrs. Bond. Under discussion, Mr. Ward referred to a time limit and Chairman Thompson agreed he would like to have one included as it is most importance since this is non-conforming property. Mr. Adelman stated he would accept an amendment. He questioned when the work would begin and Dr. Mirabal replied as soon as the plans are approved. Chairman Thompson questioned how much time was needed to complete a project of this size and Dr. Mirabal replied that she has to be out of her present office by December 1 and the contractor will do his best to finish the new office quickly. The work will start as soon as permitted to be finished by Decem- ber. Mr. Ward asked if six months was adequate and Dr. Mirabal replied affirmatively. Chairman Thompson explained to the appli- cants that a time limit was usually included so the plans pre- sented could be accomplished, but the property would not be sold with a different intent. Dr. Mirabal stressed her intent to pro- meed with the plans as soon as possible. Mr~ Ward made an amendment that a six month time limit for comple- tion from the time of granting permit be included and the variance be granted strictly to this applicant only. Chairman Thompson referred to the type of equipment, electrical outlets, etc. nece~ sary for a doctor's office and asked if six months was ampl~ and Dr. Mirabat replied that she certainly hopes six months will be enough. She added that the contractors are seriously trying to finished by December. Mr. Ward referred to not needing the equip- ment installed for a C/O to be issued and Chairman Thompson asked if the contractor could ask for an extension. Mr. Keehr explained that extensions were permitted as long as there is cause and the work and inspections continue. Mr. Zimmerman asked if there was any problem with granting a variance on the south side since it was not advertised that way and Mr. Keehr replied negatively since this is the street side. Mrs. Bond then seconded the amend- ment. As requested~ Mrs. Kruse took a roll call vote on the amend- ment and it carried 7-0. As requested, Mrs. Kruse then took a roll call vote on the original motion and it married 7-0. Chairman Thompson added that this planned building would definitely enhance the area. ADJOURNMENT Chairman Thompson asked if there was anything further to discuss. Mr. Olds and Mr. Pizzi advised that they had not received a code book and Mr. Keehr requested them to stop at his office and he would give them one. Mr. Zimmerman then made a motion to adjourn, seconded by Mr. Olds. Motion carried 7-0 and the meeting was pro- perly adjourned at 7:40 P. M. Respectfully sybmitted, Suzanne M. Kruse, Recording Secretary (One Tape) -3-