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Minutes 08-14-78MINUTES OF THE BOAP~D OF AD0~STMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, AUGUST 14, 1978 AT 7:00 P~ M. PRESENT Vernon Thompson, Jr., Chairman Bert Keehr, Assistant David Healy, Vice Chairman Building Official Carl Zimmerman, Secretary Ben Adelman Lillian Bond Foy Ward Serge Pizzi, Alternate Charles Rodriguez, Alternate (Arrived 7:30) ABSENT Joe Maiorana Chairman Thompson called the meeting to order at 7:00 P. M. and intro2 duced the members of the Board, Assistant Building Official and Record- ing secretary. MINUTES OF JUNE 12, 1978 Mr. Hea!y made a motion to approve the minutes of June 12, seconded by Mr. Ade!man. Motion carried 7-0. MINUTES OF JULY 24, 1978 Mr. Healy made a motion to approve the minutes of July 24, seconded by Mrs. Bond. Under discussion, Mr. Healy clarified that a meeting was held, but there was no quorum to make decisions. Motion carried 7-0. CORRESPONDENCE Chairman Thompson read a letter from Mr. Maiorana advising that he has decided to resign from the Board of Adjustment because of other commit- ments and his wife's ill health. Mr. Adelman moved to accept this resig- nation, seconded by Mr. Healy. Motion carried 7-0. Chairman Thompson ascertained that no other correspondence had been re- ceived except pertaining to petitions. PUBLIC HEARING Parcel ~1 - Lot 25, HarbOr Estates Recorded in Plat Book 21,'Page 98 Palm Beach County Records Request - Relief from 25 ft. Front Setback to 20 ft. Front Setback and Relief from 25 ft. Rear Setback to 14'2Tt Rear Setback to construct a residence. Address - 821 South Road Applicant - Dorothy Brinkman MINUTES BOARD OF ADJUSTMENT PAGE TWO AUGUST 14, 1978 Mr. Zimmerman read the above application and noted the reason requested was to conform with existing homes on the block. Mr. Michael Brinkman, 715 South Road, appeared before the Board. Chair- man Thompson asked if he had any further information to add and Mr. Brinkmanreplied that the variance is requested in the front and rear to build a house. Mr. Ward asked if it would conform with the setbacks established there now and Mr. Brinkman replied affirmatively. He added that they built another home and had to obtaina variance. Mr. Healy.asked if this house was going to be used for his own personal use and Mr. Brinkman replied that it will be his mother's house. He ex- plained that he was selling his home at 715 South Road to his brother, he is in the process of buying his mother's house at 819 South Road and his mother wants to build a house at 821 South Road. Chairman Thompson referred to the reason being to conform with existing houses and Mr. Brinkman~replied that the house proposed will not fit on the lot and every lot in this subdivision is 80 x 100 feet. Mrs. Bond questioned when the lot was purchased and Mr. Brinkman replied within the past six months. Mrs. Bond clarified that they were aware then of the required setbacks and Mr. Brinkman agreed. Mr. Pizzi questioned the rear setback of the house in the back and Mr. Brinkman replied that he has not measured it, but it is not very far. Mr. Pizzi stated that it is not 25 ft. and is possibly closer to 14 ft. Mr. Keehr showed the aerial view of this particular parcel to the mem- bers and pointed out this lot and the house next door. He advised that he consulted the minutes and a variance for the house next door was approved in October~ 1975. The variance approved allowed a 20 ft. front yard and 10 ft. rear yard. Mr. Healy questioned whether there was a need to have such a large house and Mr. Brinkmanreplied that it will just be a comfortable home and not abnormally large. Mrs. Kruse gave the members the site plan for their review. Mr. Keehr informed the Board that 1,500 square feet was required to meet the zoning requirements. Chairman Thompson asked why this wasnTt grandfathered in since the zoning requires 1,500 squame feet and there is no room to purchase on either side and Mr. Keehr re- plied that insite regulations~ there is no such thing as grandfather- lng in. When lots don't come up to the standards of other lots~ vari- ances have to be granted to allo~the building of a home. He explained how a smaller home could be built, but it would be difficult in order to meet the setback requirements. He added that all the homes on this block have obtained variances. Mr. Adelmanstated he thinks it would be unfair to take this lot and not grant a variance since others have ob- tained them; he sees no reason why this lot should be discriminated against. Chairman Thompson referred to the size of the lot and asked if it would be impossible to fit a 1,500 sq. ft. house on it and Mr. Keehr replied that it is possible. Mrs. Bond referred to a two story home being planned and Mr. Brinkman agreed. MINUTES BOARD OF ADJUSTMENT PAGE THREE AUGUST 14, 1978 Mr. Zimmermanstated that the 100 ft. frontage on South Road is considered the front of the lot and Mr. Keehr agreed. Mr. Healy referred to the other variances granted and stated he felt we had no alternative than to approve this variance. He thinks possibly if there are any more vacant lots in this area, they should be referred to the Planning & Zoning Board so they can make a decision and not con- tinuously place these in the hands of the Board of Adjustment. Chairman Thompson.asked if anyone inthe audience wished to speak in favor of this variance and received no response. He asked if anyone wished to speak against this variance and received no response. He ascertained no correspondence had been received. Mr. Keehr clarified that a house could fit on this lot and comply with the zoning requirements. Mr. Ward replied that he would be a little hesitant to make this one house set back when the existing homes did not have to. Mr. Healy referred to considering other vacant lots in this area and Mr. Ward agreed that the Planning $ Zoning Board should take them into consideration. Mr. Healy stated that hopefully the Planning S Zoning Boardand City Council will note this reference in these minutes and further investigationwill be made. Mr. Zimmermanquestioned the square footage of the house planned and after computation from the p~an, it was noted to be approximately 2,650 square feet. Mr. Ward made a motion that the variance be granted, seconded by Mr. Adelman. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0. Parcel ~2 - Lot 5, Block 1!, Lake Boynton Estates Recorded in Plat Book 13, Page 32 Palm Beach County Records Request - Relief from 75 ft. Lot Frontage Requirement to 60 ft. Lot Frontage to construct a duplex. Address - 216 S. W. 6th Street Applicant - Derle B. Bailey for Esther Lo Orr Mr. Zimmerman read the above applicationand noted the reason rqquested is because this property is not suitable for single family dwellings. Mr. Derle B. Bailey, 1891 North Seacrest Blvd., appeared before the Board. He informed the Board that Mrs. Orr has owned this property for several years. Her husband originally purchased it and left it to her. This is the only piece of property she owns. If she cannot build on it, she will sell it. He referred to it not being an ordi- nary duplex and Mrs. Kruse gave the members the plan to review and Mr. Bailey explained it. MINUTES BOARD OF ADJUSTMENT PAGE FOUR AUGUST 14, 1978 Mr. Bailey continued that under R-3 zoning, a duplex can be built pro- viding the property conforms to certainstandards and one of the stan- dards is 75 ft. frontage and this is the only thing this property does not conform to. He contacted the property owners to the north and south and neither wantto sell additional property. Mr. Healy asked if all the lots were non-conforming individually in t~s area and Mr. Bailey replied affirmatively and explained if the side setbacks were met, there would not be enough room to construct a single family home. He added that Mrs. Orr did not want to build a single family home because this property is against the railroad tracks. It is zoned R-3 to buffer from the railroad tracks and industrial on the east side of the railroad tracks. Mr. Healy asked if there were any residential homes south of this and Mr. Baileyinformed him that there are none in the next block immedi- ately to the south. He doesn't believe there are any single family dwellings in the immediate R-3 area. Immediately to the west, across the street, is the residential zoning. Chairman Thompson remarked that e~dently since they were unable to purchase additional land, this lot is landlocked and Mr. Baileyagreed and added that obviously the perfect thing would be to own the entire block of six lots and anapartment complex could be built. Chairman Thompson asked if anyone in the audience wished to speak in favor of this variance and reqeived no response. He asked if anyone wanted to speak against this variance and the following appeared be- fore the Board. Mr. Tom Clark, 609 S.W. 2nd Avenue, appeared before the Board and ad- vised that the neighbors have discussed this applicationand do not feel comfortable with a multi-family dwelling in this area. It is a residential area and is quiet and there are a lot of children. The introduction of multi-family would cause an influx of traffic. Also from the usage of multi-family homes, there seems to be lack of upkeep with renters since they expect the owner to maintain the property. Granted there are some nice duplexes and multi-family homes, but in thatparticular area, he personally and others in the area agree they do not feel extremely comfortable with multi-family being established because of the size and exposure to the youth. There is a playground with a lot of kids going to it. He feels the influx of traffic could present a problem. Mr. Healy asked if he was awa~e of this b~ng zoned R-3 and Mr. Clark replied affirmatively, but he understood he has the right to express his opinion. Because of the location, it seems it could cause conges- tion. He feels it may snowball to a large number of duplexes which would congest a nice neighborhood.' MINUTES BOARD OF ADJUSTMENT PAGE FIVE AUGUST 14, 1978 Mr. Pizzi referred to this being a short stretch of street with hardly anything on it and Mr. Clark replied that there are a few homes and a lot of kids. Mr. Pizzi asked if he thought the traffic would be stirred up on the rest of the street and Mr. Clark replied it would not bM a single home, but he would not like to see an influx of duplexes. Mr. Pizzi suggested that possibly he should speak to the Planning & Zoning Board about rezoning this area. Mr. Ray Caudell, 609 S.W. 3rd Avenue, appeared before the Board and stated this strip will run from Ocean Avenue south t6. 15th Avenue when the street is put through, so it won, t be just a short strip. It is going to mean a major change in the neighborhood. Right now, the neigh- borhodd is single family dwellings and a duplex doesn't conform espec- ially the frontage. The property backs tot~he railroad and it means this will have to set on the street. It will not conform to the neigh- borhood at all. Chairman Thompson informed him that it would have to meet the side and rear and front setbacks. Mrs. Bond added that pre- sently this strip of land is zoned R-3 which allows multiple dwellings and she hardly thinks a duplex abutting the railroad would interfere with children playing or traffic. Mr. Caudelt replied that the railroad would cause a tremendous turn-over with renters. Renters usually do not take care of the property and in time, this will probably be an eyesore to the community. Mr. Caudell then stated that he thought the City owned this property along with the railroad and it was his intention several months ago to talk to the City Manager and see if it could be made a park being oriented away from traffic~ but if this is built, it will cause traffic. If the Board cannot be convinced to reject this request today, he re- quests it to be postponed until he has time to discuss with the City Manager the possibility of the City purchasing this for a park. Mr. Zimmerman then read a letter from Miss Bertha I. Hartley objecting to the granting of this variance feeling that it would downgrade the area. There are many single family residences in the immediate area and some are quite newly constructed. Her property is adjacent to Lot 5 and is zomed for single family residences. Mr. Zimmerman questioned Mrs. Hartley~s lot being adjacent and Mrs. Hartley, who was present in the audience, informed him that it is right next door and she owns Lots 6, 7, and 8. Mr. Zimmerman re- ferred to it not being zoned differently and Mrs. Hartly replied that she was told it was single family zoning and 75 ft. frontage is re- quired. Mr. Keehr explained how R-3 zoning allowed the land to be used for three purposes: multi-family, duplex and single family, but the set- back requirements must be met. Mr. Ward clarified that if this lot had 75 ft. frontage, a permit could be obtained without coming before the Board of Adjustment and Mr. Keehr agreed because the size is large enough, but the.frontage is not. MINUTES BOARD ~ OF ADJUSTMENT PAGE SIx AUGUST 14, 1978 Chairman Thompson referred to considerations being given to property along the railroad by the Planning & Zoning Board and stated that it was probably zoned R-3 based on the close proximity to the railroad tracks. Mr. Zimmerman stated that if this variance is granted and a duplex is built, Lot 4 and 6 would be pretty much determined to go in the same direction and a precedent would be set here. Chairman Thompson agreed because of the type of business on the north side now. Mrs. Bond asked if anything was projected to be built on the adjacent lots and Mr. Keehr replied that he is not aware of any applications other than this. Mr. Healy stated that he believes in all fairness to the owners of the land that this has been considered by the Planning & Zoning Board as a buffer zone for protection of the single family homes to the west. There is the possibility some of this property, as Mr. Bailey mentioned, could be purchased and a multi-family dwelling could be built. He be- lieves the area would be far better served with duplexes rather than with multiple dwellings. Mr. Pizzi added that he owned some land on 6th St. by the railroad tracks and could not build and felt it was better to sell the land. Mr. Clark appeared before the Board again and explained that this rail- road track was a switching tmack and there are a lot of trains in and out changing. It could be a buffer as a vacant lot. Mrs. Bond stated that she believed it would be dangerous for single family. Chairman Thompson referred to visiting the site and stated that i~ i~ zoned properly for thisitype of building and is served by two streets, one from the north and one from the west. To the north are industrial uses and to the east is the railroad track. This should be considered. Mr. Zimmerman referred to the suggestion of the City buying this pro- perty for a park and stated he didn't see much possibility for that. There is a small neighborhood park in the area presently on Ocean Avenue. The two would be close together and probably takes away the possibility of having another park. Chairman Thompson added that the park is within two blocks and he personally does not think the City would buy property for a park next to the~mailroad track. Mr. Healy referred to the property being zoned R-3 and stated he thinks a duplex would suit the ar~a a great deal better than a multiple dwelling. He sees the possibility the land could not be used for another purpose. He believes a dupl~would improve the area. Mr. Healy moved for approval of the variance, seconded by Mrs. Bond. Mr. Healy then added an amendment to the motion to place a time limit on the variance for a period of one year, seconded by Mrs. Bond. A roll call vote was taken on the amendment and it carried 7-0. A roll call vote was then taken on the original motion and it carried 7-0. MINUTES BOARD OF ADJUSTMENT PAGE SEVEN AUGUST 14, 1978 Parcel ~3 - North 45 ft. of Lot 6, Lot 5 & South 9.64 ft. of Lot 4, Block t, Lake Addition Recorded in Plat Book 11, Page 71 Palm Beach County Records Request - Relief from !00 ft. Lot Depth requirement to 82.85 ft. Lot Depth to construct a Commercial Building. Address - 949 North Federal Highway Applicant - Meineke Realty Corporation, Inc. Mr. Zimmerman read the above application and noted the reason requested is that the property is non-conforming and they cannot applyfor a build- ing permit until a variance is granted. The Dept. of Transportation took a 17 £t~ easement. Mr. John Connors, 2404 N.E. 9th Street, Fort Lauderdale, attorney repre- senting the applicant appeared before the Board. He stated that the Board addressed itself to this particular variance application in 0eto- bet, 1977. At that time, the present property owner applied for a vari- ance because it is zoned C-4, but !00 ft. depth is required and this lot . is only 82 ft. deep. They are precluded in using it under the C-4 zoning. The present owner applied to construct a commercial building in 1977 and this Board granted the variance, but a restriction was in- eluded that it was for that owner at that time. The owner presently plans to sell it to his client and they are requesting that the previous variance ~ranted be transferred. Anything constructed will have to meet all the requirements of the C-4 zone. The parcel cannot meet the C-4 requirements because of the depth. He added that two of the realtors, a representative of the corporation from Texas, and the owner are present. Mr. Ward clarified that the time limit ran out on the previous variance and Mr. Connors replied that the variance was granted to the present property owner and is not transferable to the prospective purchaser~ Mr. Ward referred to normally the variance going with the land and Mr. Connors agreed, but advised that an amendment was placed on the motion with the restriction it be given to the applicant only and no other owner. Mr. Rodriguez asked if this was exaet!y the same piece of property covered by the previous variance and Mr. Connors informed him that this is a smaller part. At that time, Lots 4, 5, 6, 7, and 8 were included and their application presently is withregards to the north 45 feet of Lot 6, Lot 5'and 10 feet of Lot 4. Mrs. Bond clarified that the lot size has changed and Mr. Connors e!arified that there was a larger piece of property covered by the previous variance and his applicant is seeking to purchase a portion of that property. Mr. Rodriguez questioned the use proposed and Mr. Connors informed him that a muffler supply shop was planned which is allowed by the C-4 zone, but it cannot be used because of the depth limitation. Mr. Rodriguez questioned the previous plans for the property and Mr. Strazzulla, the owner, replied that he is 71 years old and does not want to go through with his previous plans. Mr. Rodriguez referred to the balance o~ the land and Mr. Strazzulta informed him that he doesn't intend to do anything with it. MINUTES BOARD OF ADJUSTMENT PAGE EIGHT AUGUST 14, 1978 Chairman Thompson questioned if the rest of the property would be made non-conforming and Mr. Keehr replied that it will not be non-conforming because the owner has a variance for the depth. Mr. Healy stated that he thinks the property became non-conforming when the property was taken for the highway and in 1975, it was rezoned to C-4. Mr. Ward asked if it wou!d be made further non-conforming by the granting of this variance and Mr. Keehr repliednegatively and another variance will not have to be requested if the original owner develops the balance. Mr. Healy re- ferred to parking being a questionwhen the original variance was granted and Mr. Keehr informed him that no matter what is built, it must meet the parking regulations. Mr. Ward referred to needing a right-of-way into U. S. 1 and Mr. Connors replied that the right-of-way,as existing. Mr. Keehr clarified that D.O.T. took the land in 1959-61 and at that time, it was C-1 and was conforming. The rezoning in 1975 to C-4 made it non-conforming. Mr. Healy asked when Mr. Strazzulla purchased the property and Mr. Strazzulla replied about three years ago. Mr. Healy stated that he purchased it with the understanding that it was non-conforming and Mr. Strazzulla replied that he did not know about it. He explained that he purchased the property with the intention to put in a processing machine and was told this was allowed~ but when he applied for a permit to put in the processing machine, he was told it was not allowed in that zoning. He told about being in the food processing business and had plans for a place like Knollwood Groves, Palm Beach Groves, etc. Mr. Healy clarified that he was not allowed to put this business in after getting the variance and Mr. Strazzulla agreed. Mr. Connors referred to the minutes when the original variance was granted and advised that when Mr. Strazzulla bought the property, it was zoned C-2 but the seller indicated it was going to be zoned C-4. Subsequent to the purchase, it-was zoned C-4, but it still lacked 20 ft. in depth. Mr. Keehr clarified that the depth had nothing to do with the use of the property. The use with the processing machine was determined to Re M-t and Mr. Strazzulla was denied a permit to put in the machine. Chairman Thompson asked if anyone else wished to speak in favor of this variance and Mr. Pete Pilomena, 842 N.W. 8th Avenue, real estate agent, stated he was in favor as there is no additional property to the front or rear to make this conforming property. Chairman Thompsonasked if anyone wished to speak against this variance and received no response. He asked if there were any communications and Mr. Healy read the attached letter dated August 2, 1978, from Mr. Larry Jordon and requested that it be made part of the record. Mr. Healy moved that this letter become part of the record, seconded by Mr. Zimmerman. Motion carried 7-0. MI N~TE S BOARD OF ADJUSTMENT PAGE NINE AUGUST 14, 1978 Mr. Adelman moved to grant this variance, seconded by Mr. Healy. Mr. Ward then made an amendment to set a time limit of one year granted to Meineke ~alty Corporation, seconded by Mrs. Bond. Under discussion~ Mr? Healy clarified that if the applicant does not use the variance within one year, the variance becomes null and void and Mr. Ward agreed. Mr. Healy referred to condition ~5 on the Deposit Receipt Contract and stated if the right-of-way to U.S. 1 was not ob- tained~ theeontract could become ~ull and void and Mr. Connors in- formed him that the median is properly placed and there is no need to break through. After making the survey, they have agreed theme is no need to change anything. Mm. Rodriguez asked if this sentiment is expressed on behalf of the buyer or seller and Mr. Connors replie~: the buyer. As requested, Mrs. Kruse took a roll call vote on the amendment and it carried 7-0. A roll call vote was then taken on the original motion and it carried 7-0. OTHER Mr. Keehr distributed the latest amendments to the code books to the members. ADJOURNMENT Mr. Ward made a motion .to adjourn, seconded by Mr. Zimmerman. Motion carried 7-0 and the meeting was properly adjourned at 8:30 P. M. Respectfmlly submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) Aug. 02, 1978 David W. Healy 2189 S. W. Congress Blvd. Boynton Bch., Fla. Dear Mr. Hea!y~ Recently the Boynton Beach city council was presented with the requesv for relief of 17.15ft in constructing a Meineke Discoun~ Muffler shop ay 949 North Federal Hlghw y. At con- siderable expense, Mr. Roger Hahn, John Conoff, esq; and an architectual represenvatiYe attended the meeting to ~resent facvs for consideration. The meeting could not be held be- cause a quorum of five members was not present. The requesv was reschedu!ed vo be heard Aug. 14. Because of the imporvance of your dacision, these individuals will art- end this upcoming meeting also. The decision you reach will affect the fuvure of inaividuals eager to serv±ce your area. If there is any information you need prior to the meeting, please contact me. Larry Jordan Director of Opera~ions cc: H. Nedell M. Bookstein S. Cohen R. Hahn J. Ravitz LJ/cw