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Minutes 08-28-78MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA~ MONDAY, AUGUST 28, 1978 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman David Healy, Vice Chairman Carl Zimmerman, Secretary Ben Adelman Mrs. Lillian Bond Foy Ward Serge Pizzi, Alternate Robert Olds Bert Keehr, Asst. Bldg. Official ABSENT Charles Rodr~guez, Alternate (Excused) Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the members of the Board, Assistant Building Official and Recording Secretary. MINUTES OF AUGUST 14, 1978 Mr. Healy moved for approval of the minutes, seconded by Mrs. Bond. Motion carried 7-0. OLD BUSINESS Mr. Healy referred to the insertions distributed for the code book at the last meeting and advised that there is an error which he be- lieves should be discussed. Chairman Thompson agreed and suggested it be discussed after the Public Hearing. PUBLIC HEARING Parcel Lot 14, Central Park Recorded in Plat Book 12, Page 12 Palm Beach County Records Request Relief from 25 ft. rear setback requirement to 10 ft. rear setback for the additionaof a family room and dining area. Address - 1321 S. E. 3rd Street Applicant - Julia V. Romano Mr. Zimmerman read the above application. Mr. Ward referred to being an interested party in this application and a member of the Board and advised that he would abstain from participating. Chairman Thompson noted that all the papers were in order with the applica- tion and requested the representative to come before the Board. MINUTES B~ARD OF ADJUSTMENT PAGE TWO AUGUST 28, 1978 Mrs. Julia V. Romano, 1321 S. E. 3rd Street, appeared before the Board and advised that she stands by the statement as noted on the application. Mr. Zimmerman then read the following letter submitted by Mrs. Romano: "We are a retired Navy family living at 1321 S.E. 3rd Street in Boynton Beach and intend to settle permanently at that location. My husband retired in 1977 after 24 years of Naval ser- vice. In 1972 the property was deeded to us. The only logical place to add a family room and dining area is to the west, adja- cent to the kitchen. But because the original construction was set far back on the lot, a variance is needed to permit the addi- tion. Thus we respectfully request that the Board grant us a var- lance that will allowuus to build a family room which will extend approximately ten feet westward of the existing structure~ and thereby enable us to make the house a livable home." Mr. Healy asked when this home was purchased and Mrs. Romam replied that they received the property in ~972 from her mother-in-law. Mr. Healy asked if it was given by the courts and Mrs. Romano clarified that her mother-in-law gave it to her husband. Mr. Pizzi asked if her m~ther-in-law originally built the house and Mrs. Romano replied affirmatively. Mr. Ward clarified that he built the house originally for Mrs. Romano?s mother-in-law and can verify the fact it was given to Mr. & Mrs. Romano Mr. Thompson referred to a variance in this area requested previously and Mr. Ward told about Gulfstream Lumber Company obtaining a vari- ance to move a storage building which Mrs. Romano spoke in favor of~ Mrs. Bond referred to the setback being 25 ft. and Mr. Ward informed her that 20 ft. was the original setback required, but now ~5 ft. is required. Mr. Pizzi asked if 25 ft. was required in the frodt and Mr. Keehr replied affirmatively. Mr. Adelman referred to the pro- perty to the west being commercial and asked if a fence would be required between the commercial and residential and Mr. Keehr in- formed him that the commercial starts across the street and pointed out that a small lot was located in between. Mr. Healy referred to the house having a lot of room in the front and asked if this addition could be placed in the front and Mr. Ward replied that it would not be practical and explained how it would necessitate crossing through the living room to get to the Florida room. Chairman Thompson asked if some type of buffer would be considered along the rear of the property and Mrs. Ro~ano informed him that their plans were to install a fence around the property. Chairman Thompson explained how he thought it would be a~visable to obtain privacy with the room only being !0 ft. off the line. MINUTES BOARD OF ADJUSTMENT PAGE THREE AUGUST 28, 1978 Chairman Thompson asked if anyone else wanted tosspeak in favor of this variance. Mrs..Hildegard Crockett, 1314 S.E. 3rd Street, appeared before the Board and stated that she is definitely in favor of this as it can only improve the neighborhood. Mr. Pizzi asked if she was the owner of the gray stone house a~d Mrs. Crockett informed him that she owns the green duplex across the street and would like to see the neighborhood improved. Mrs. Bond referred to Lot 15 next to Mrs. komanoTs property and stated that a storage building is being built and asked if that was in contradiction ~o the R-2 zoning and Mr. Keehr replied that a storage building is a permissable accessory zoning use. Mr. Healy asked if a home or another building could be attached to this home which would meet the requirements in the k-2 ~one and Mr. Keehr replied that it would require another variance be- cause there is not enough total lot area for a duplex. Chairman Thompson ascertained that nobody else desired to speak in reference to this application and also that no correspondence had been received. He then opened the floor for discussion by the Board members. Mr. Adelman stated that from his inspection of the area, he be- lieves anything they do would be an improvement. Chairman Thompson added that he also observed the property and with C-2 zoning being in the rear, a 25 ft. setback would be required and also this is the last lot at a dead end which means they would not be encroach- ~ing on anyone to the south. He doesnTt see where any conflict would be caused. Mr. Adelman moved to grant the variance, since he thinks this will improve the whole area. Mrs. Bondsseconded the m~tion and agreed that the people want to improve the property so they can live there. Under discussion, Chairman Thompson referred to not placing a time limit on this like on other variances in the past and stated that since this is within 10 ft. of the line, he feels it should be completed within a specified time. Mr. Healy made an amendment to the motion that this variance, if approved~ shall include the restriction of one year for starting of the construction. Mr. Adelman and Mrs. Bond agreed. Mr. Pizzi then seconded the amendment. Chairman Thompson clarified that the amendment was that the permit must be obtained within one year. As requested, Mrs. Kruse took a roll call vote on the amendment and it carried 7-0. Mrs. Kruse then took a roll call vote on the original motion and the motion carried 7-0. MINUTES BOARD OF ADJUSTMENT PAGE FOUR AUGUST 28, 1978 OLD BUSINESS Chairman Thompson referred to there being a correction to the inser- tion for the code book and stated that Mr. Healy brought his atten- tion to Page 38, No. 57 which contradicts itself. Mr. Healy then read the paragraph and referred to both four and five members being mentioned and requested clarification. Mr. Keehr clarified that the ordinance states five members in all cases and the reprint to be inserted is an error and will be corrected. Mr. Healy clarified that it should read five members in:all three places and a replace- ment for Page 38 is needed. Mr. Keehr informed the Board that the fee for an application has been~increased from $50 to $150 to the Board, but added that fees for other applications also increased. Mr. Ward questioned the reason~for this and Mr. Keehr replied that it apparently was caused by the cost of advertising and mailing notices to people within 400 ft. Mr. Ward stated that Boca Retch also charges $150, but an attorney is paid from this fee to sit with the Board at meetings. Mr. Healy thanked Mr. Keehr and the City Planner for keeping the Board members abreast of all these new changes being made by the City Council. Mr. Pizzi questioned the date of the next meeting and Chairman Thompson replied that no notices had been received, so he did not believe there would be a meeting the second week in September. He explained ithe procedure for mailing the applications to the members giving notice. Mr. Healy referred to the Board members being called by the City Clerk, s office in the past giving notice of the meeting~d asked if the Board iwanted to make a request to the City Clerk to recon- tinue calling the members when there is a meeting. Chairman Thompson added that at one time~ the Building Department made the calls. Mr. Mealy referred to the experience about a monthago when the Board did not have a quorum and stated that if a telephone call had bee~ made~ we would not have been inthe embarrassing position we ~ere. Chairman Thompson added that it was determined by calls las~ year that we could not hold a meeting for two or three weeks biecause of not having a quorum. Mr. Ward added that he thought it! was a good idea to receive a call from either the City Clerk orl Building Department as a reminder. Mr. Keehr stated that hle would have his office do it if the Board desired. Mr. Zi~mermaniquestioned when would be a reasonable time to make the calls andl Mr. Ward suggested the same day of the meeting. Mr. Keehr agrDed and advised that he will have his office do this as it will alert him and he will be sure to look at the property. Chairman Thompsona~ded that it is not required for the members to visit the Site, but he suggests they do and make it as close to the date of the meeting as possible. MINUTES BOARD OF KDJUSTMENT PAGE FIVE AUGUST 28, 1978 ADJOURNMENT Mr. Healy made a motion to adjourn, seconded by Mr. Zimmerman. Motion carried ?-0 and the meeting was properly adjourned at Y:40 P. M. Respect~ullysubmitted, ~Suza~e~~.~u~se' ~ Recording Secretary One Tape )