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Minutes 06-12-78MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HKLL~ BOYNTON BEACH, FLORIDA, MONDA¥~ JUNE 12, 1978 AT 7:00 P, M. PRESENT Vernon Thompson, Jr., Chairman David Healy, Vice Chairman Carl Zimmerman, Secretary Ben Adelman Lillian Bond FoyWard Charles Rodriguez, Alternate Bert Keehr, Asst. Bldg. Official ABSENT Joseph Maiorana (Excused) William Cwynar, Alternate Chairman Thompson called the meeting to order at 7:00 P. M. He introduded the members of the Board, Assistant Building Official, and Recording Secretary. Mr. Zimmerman announced he had received a communication indicating that Mr. Maiorana requested to be excused from this meeting becuase of the illness of his wife. MINUTES OF MAY 8, 1978 Mrs. Bond made a motion to approve the minutes, seconded by Mr. Healy. Motion carried 7-0. C~SPONDENCE Chairman Thompson distributed financial disclosure forms for the year 1978 received from the office of the City Clerk and suggested that any comments be made at the end of the meeting. Mr. Zimmerman requested to be exmused on July 10 if there is a meet- ing because he will be out of town. Chairman Thompson added that he would be out of town for the month of July. Chairman Thompson referred to this being the fourth meeting missed by Mr. Cwynar and through these minutes requested the City Council to appoint a replacement so the Board has a quorum during the month of July. PUBLIC HEARING Parcel ~1 - Lot 11 less E. 42 ft. and all of Lot 12, Blk. 8~ Bellamy Heights Recorded in Plat Book 13, Page 62 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 7.5 ft. rear setback and relief from 7.5 ft. side setback requirement to 1.3 ft. side set- back to build bedroom addition. Address - 448 S. W. 10th Avenue Applicant - Gene and Barbara Esper MINUTES BOARD OF ADJUSTMENT PKGE TWO JUNE 12, 1978 Mr. Zimmerman read the above application and noted the reason re- quested was that they have a two bedroom house with two boys, aged 11 and 13, and a new baby and need an additional bedroom. Chairman Thompson announced that any three votes would deny the re- quest and explained that the purpose of the Board is to grant vari- ances where there is a hardship due to a change in zone or created by the City. Mr. Gene Esper, 448 S. W. 10th Avenue, appeared before the Board and stated that as explained at the previous meeting, they would like to add a bedroom because of having a new baby. Mr. Rodriguez referred to the suggestion to acquire abutting land to the west and questioned any action taken in reference to this and Mr. Esper replied that he did not believe at this time he could afford to purchase that pro- perty. Mr. Rodriguez referred to an appraised value of this pro- perty and asked if this had been reached and Mr. Keehr replied that he could not give this answer beca.use he does not know the procedure on buying City property or whether the City can sell property. Mrs. Bond asked if he had approached the City on this matter and Mr. Esper replied negatively, because of his financial situation. Chairman Thompson referred to the rear and west sides being in ques- tion and stated that the last.application requested a variance on the west side. Mr. Esper agreed and added that at that time~ he thought the south side was all right~ but found out at the last meeting that the whole piece is illegal. Chairman Thompson askediff his house lined up with the house to the south and Mr. Esper informed him that to the south is the school and his house does line up with the house on the east. Mr. Keehr added that he did not particularly pay atten- tion to the houses on this street, but he does not think all are that close in the rear and Mr. Esper replied that his house was built in 1961 and most of the others were built afterwards and do conform. Chairman Thompson asked when he purchased the house and Mr. Esper informed him that he purchased it on May 29, 1.977 and when they pur- chased it, they were not aware of the baby and had made a down pay- ment. They like the house regardless of the situation. Mr. Rodriguez clarified that they entered into the contract before knowing about the baby and completed the contract and are now trying to adjust to changed circumstances. Mr. Ward referred to this property being hemmed in by 1-95 and Mr. Esper agreed and stated that 1-95 was to the west, a school yard to the south and a house to the east. Mr. Ward asked if there was an easement in the rear and Mr. Esper replied that there is a line of trees, their fence, and then the open school yard. Mr. Rodriguez referred to the sketch noting an overhead power line on the lot line. Mr. Ward referred to there not being much chance of anyone building to the south and Mr. Esper agreed and explained how the school had expan~d further south and probably the only thing close to their property would be playground equipment. MINUTES BOARD OF ADJUSTMENT PAGE THREE JUNE 12, 19Y8 Mr. Healy referred to him purchasing the property last year and asked if he was aware at that time that this was non-conforming and Mr. Esper replied negatively. Mr. Healy referred to the probability of the real estate agent informing him of this and Mr. Esper replied that he bought it from the owners and he believes it-was conforming when it was built in 1961. Mr. Zimmerman referred to the sketch indicating that the fence en- croaches and questioned what this encroached on and Mr. Keehr in- formed him that it appears to encroach on the school property by a small fraction. Mrs. Bond referred to possibly property being taken for 1-95 and Mr. Rodriguez pointed out that the right-of-way for 1-95 was taken from the platted road right-of-way and he didntt believe any of %his pro- perty was taken. He does not think the 1-95 right-of-way taking affected this lot in question. Mr. Adelman referred to this being discussed thoroughly a month ago and stated he thinks the hardship in this matter was brought on by an act of God and not by the owner and he thinks ~we should grant this variance. Chairman Thompson ascertained that nobody was present in opposition to this request and also that no communications had been received. Mr. Healy referred to the 1-95 right-of-way taking about ~ the width of the street and stated the possibility of this being used as a street is zero. Chairman Thompson agreed and added that the street would not go any f~rther back than the end of this property even if 1-95 was not there because o£ the school. This is why it was sug- gested that the purchasing of this property be investigated. He canno~ even see the City wanting it. Mr. Rodriguez stated that it would seem very practical if the City got some taxes for it, the owners could use it and it would be a good solution since they are maintaining the property. It would be ideal for them to become the owners and pay the taxes and nobody would be hurt. However~ since they have not explored this possibility~ it looks as though the Board is confronted with making the decision simply whether or not a variance is in order based on their roles as innocent victims. Mr. Adelman added that even though we act on it today and grant the variance, they could still request the street to be abandoned. Mr. Zimmerman added that it would add to the resale value of the pro- perty. Chairman Thompson referred to discussing previously that if this is granted, the bedroom should not protrude ~.urther south than the pre- sent building and Mr. Keehr replied that the'feasibility of doing this was also discussed and the owner said it would be out of the question because it would be toodifficult to fit in the doorways in this type of change. MINUTES BOARD OF ADJUSTMENT PAGE FOUR JUNE 12, 1978 Mr. Rodriguez questioned what the little space on the plan was indi- cated with ~14 and Mr. Esper informed him that this was part of the structure. He further explained how the addition had to be built this way in view of the present structure. He added that possibly at a later date, they would check into thepossibility of acquiring this land from the City. Mr. Rodriguez informed him that it could be done subsequent to the Board's action. It would not be mandatory, but .may prove to their .advantage. Mr. Ward made a motion that this variance be granted to Mr. & Mrs. Esper exactly per the application, seconded by Mr. Ade!man. Under discussion, Mr. Rodriguez stated he would like to explain his vote because he has taken a position against applications by new owners, but in this pairticular case the people apparentlyseem to appear innocent ofany wrong doing. They badly require an adjustment and being next to a highway would bother no one. Ideally if they acquire the adjacent sitreet and pay taxes for its use, it would be more fair and he hopes ~hey do this in the future. As requested, Mrs. Kruse then took a ro!ll call vote on the motion as follows: Mr. Rodriguez - Aye Mrs. Bond - Yes Mr. Ward - Kye Mr. Adelman - Aye Mr. Zimmerman - Aye Mr. Healy - Aye Mr. Thompson - Aye Motion carried 7-0. Mr. Esper thenasked how long the variance was good for and Chairman Thompson informed him that there was no time limiton a variance. Mr. Ward added that a stipulation could be put on it, but none was. Parcel ~2 - Lot 28~ Dewey Heights Subdivision Recorded in Plat Book 24, Page 193 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 16 ft~ 9 in. rear setback to build family room addition Address -2893 S. E. 1st Court Applicant - Robert Tinker Mr. Zimmerman read the above application and noted that the reason requested is because the existing home,as a 16 ft. 6 in. setback and the owner wants to build an addition to line up with the wall of the existing home. Mr.. Ward requested to be excused from taking part in this. MINUTES BOARD OF ADJUSTMENT PAGE FIVE JUNE 12, 1978 Mr. Keehr explained that the hardship was put on this gentleman through the Building Department on the initial issuance of the permit to build this home as the rear setback was figured as the side and now the gentleman is hemmed in with three 25 ft. setbacks. S. E. 1st Place ~should be the front of the property and S. E. 1st Court is the side. When viSiting the property~ he noticed the drive and house number is on 1st Court, but the Building Department considers 1st Place as the front. It is marked 1st Place on his plat, but the street sign says 28th Court there. He then distributed copies of the site plan.' Chairman Thompson questioned how the postal service determined the front and sideiand Mr. Keehr replied that the property address is 1st Court. Mr~ kodriguez asked if the rear lot line was opposite 1st Court or Place and Mr. Keehr replied that it is opposite 1st Place. Mr. Rodriguez clarified that the structure presently is 16 ft. 9 in. from the!rear lot line without addition or change and Mr. Keehr agreed. Mr.. kodriguez stated that no further variance was required on the rear line, but a variance is required on the side line and Mr. Keehr disagreed and clarified that 7~ ft. is needed on the side and he has 17 ft. The rear yard is non-conforming with having 17 ft. Mrs. Bond clarified that this is not the applicant's fault and Mr. Keehr agreed and stated that it is the fault of the Building Dept. Mr. Rodriguez Stated that there would be no rear setbacK, but only two side setbacks and Mr. Keehr disagreed and clarified that i~ would beconfo~ming in all aspects except for the rear setback which would be 16 ft, 9 in. Mrs. Bond clarified that the man was being punished for what is there right now and Mr. kodriguez added that the structure is non-conforming now. Mrs. Bond clarified that the house is set iD the wrong direction and in order to make an improve- ment, it must be continued that way as the house cannot be turned around. Mr. Rodriguez stated that a variance being granted would result in the old non-conforming use being made legal and the new non-conform- ing use being made legal. The new structure would be on the basis of the new variance and the present non-conformance would be cleared uP. Mr. Healy disagreed and stated that it would remain non-conform- ing and the new variance would only apply to the new construction. Mr. Adelman referred to the house next to this being about 10 ft. from the wall and stated that this would be 16 ft. away from it. Mr. Keehr clarified that the other house is about 12 ft. from the property line and there is 28 ft. between the homes. Chairman Thompson stated that if this is granted, we would be righting a wrong and the property would not be noneconforming and Mr. Healy disagreed and stated that the present structure would still be no~- conforming. Mr. Keehr stated that in the granting of any variance, it automatically made something non-conforming. Mr. Rodriguez stated that if a variance is granted and the person builds on that basis, it is hard to accuse them of a non-conformity after the event. Mr. Healy stated that the granting of variances make a lot non-con- forming and the mistake was made by the Building Dept. in the first place. MINUTES BOARD OF ADJUSTMENT PAGE SIX JUNE 12, 1978 Mr. Robert Tinker, 2893 S. E. 1st Court, appeared before the Board. He submitted a plan for the membersT review. He explained how he would like to have a family room addition built to conform with his house. He added that this was needed due to the growth of his family and it will also be a selling point for the home if it conforms with the original wall on the south instead of having different angles. Mr. Rodriguez asked who was now the owner of this home and Mr. Tinker replied that he is. Mr. Rodriguez asked when he acquired it and Mr. Tinker replied about six years ago. Mr. Rodriguez referred to the mortgage deed being dated 1978 and Mr. Tinker replied that-when apply- ing to the City, he was told he would need a variance and upon that, he re-mortgaged his house to acquire-the money to put on this addi- tion. Mr. Healy added that the t977 real estate tax 'receipt was sub- -mitred. Mr. Adelman referred to Mr. Keehr mentioning to him that there was some misinterpretation when he first applied and he purchased air conditioning equipment, etc. and Mr. Tinker replied that he did purchase this equipment. Mr. Keehr clarified 'that Mr. Tinker did come in to him and he looked at the site plan and could see no dif- ficulty because the site plan showed 25 ft. in the rear, what he considered the rear; but when the survey was taken, 16 ft. was shown instead of 25 ft. Mr. Healy asked when he intended to do this work and Mr. Tinker replied as soon as possible. Mr. Rodriguez referred to his statement about a resale price and Mr. Tinker replied that he did not have any intentions of selling it. He likes the area. It is a dead end street and he has no worry about his children playing. Eventually when he retires, he will sell the home probably. Mr. Rodriguez referred to the number of bedrooms and Mr. Tinker in- formed him that the house has three bedrooms and two baths. Mr. Rodriguez referred to the plans being to add a family room and Mr. ~inker agreed and added that he does not have a family room, screened porch or Florida room. Mr. Rodriguez asked how far the wall would be from the neighbor on the one side and Mr. Tinker informed him it would be about 30 ft. Mr. Keehr clarified that a£ter the new addition, to the west, there would be about 17 ft. 6 in. to the property line and the neighboring house is at least another 25 ft. Mr. Rodriguez re- ferred to the south side and Mr. Keehr informed him there would be about 28 ft. total. Chairman Thompson asked if another bedroom was included in this addition and Mr. Tinker explained that it would be a family room with about 18 ft. of carpet for the children and 18 ftltiled for eating purposes. Chairman Thompson ascertained that nobody was in opposition to this request and also that no communications had been received. MINUTES BOARD O~ ADJUSTMENT PAGE SEVEN JUNE 12, 19Y8 Mr. Adelman made amotion to grant the variance, seconded by Mr. Healy. Under discussion, Mr. Rodriguez stated that he has to admit to being hung up in terms of the basic address to the problems. These people are not new owners who are too quickly exploiting the zoning standards and the Building Department has represented that they helped e~eate the situation. The setbacks from the neighbors appear to be adequate. The neighbors are not present and he assumes they have no objections. Primarily because of the Building Department making the statement 'on behalf of the applicant, he is inclined to vote yes. As ~equested, Mrs. Kruse then took a roll call vote on the motion as follows: Mr. Rodriguez - Yes Mrs. Bond - Yes Mr. Adelman - Yes Mr. Zimmerman - Yes Mr. Healy - Aye Mr. Thompson - Yes Motion carried 6-0. Chairman Thompson added that he was curious to check whether the grant- ing of this variance would make this all conforming and Mr. Keehr re- plied negatively. Mr. Rodriguez stated that the variance would only cover the part of the property covered by the new structure. Chairman Thompson stated that if the Building Dept. has made the mis- take in determining which is front and side~ he assumes the Building Dept. now says the north side is the front and Mr. Keehr replied that the house is non-conforming in the rear setback. Chairman Thompson referred to the Building Department's determination of the front 'and Mr. Keehr informed him that the Building Dept. is very consistent in how they select the front and rear and it is not that difficult. Mr. Howell instituted the regulations and it is followed. OTHER BUSINESS Chairman Thompson referred to the financial disclosures being given to the members every year and stated that it has been the consensus of the group that this does not apply to us. It pertains to elected officials. He suggests acknowledging receipt of it. Mr. Ward added that he has been on a board inOOcean Ridge for a couple years also and they do the same; it does not apply to board members. Mr. Healy referred to Page 38 of the Official Zoning Regulations and asked if it had been corrected from the four members and Mr. Keehr replied that it should state five members present and voting and he will see that the Board members receive the revision of this page. Mr. Healy also suggested noting reference to Ordinance 77-19 by this para- graph. MINUTES BOARD OF ADJUSTMENT PAGE EIGHT JUNE 12, 1978 Mr. Healy then referred to Page 48A and asked if it had been changed according to Ordinance No. 78-~ and Mr. Keehr replied that it had been replaced with a revised sheet. Mr. Healy stated that the Board members have not been kept up to date on these supplements and must have copies of these ordinances pertaining to the changes. Mr. Keehr stated that he would see to it that the Board members receive these revised sheets and that they are updated from now on. ADJOURNMENT Chairman Thompson ascertained there was no further discussion. Mr. Healy moved to adjourn~ seconded by Mr. Zimmerman. Motion carried 7-3 and the meeting was properly adjourned at 8:05 P. M. Respectf'ully submitted, Suzanne M. Kruse Recording Secretary (One Tape) NOTICE NOTICE IS HEREBY GIVEN that the followingapplieations have been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA fo~ variances as indicated, under and pursuant to the provisions of the zoning code of said City: Parcel ~1 - Lot tl less E. 42 ft. and all of Lot 12, Blk. 8, BELLAMY HEIGHTS Recorded in Plat Book 15, Page 62 Palm Beach County Records Request - Relief from 25 ft. rear ~etback requirement to 7.5 ft. rear setback and Relief from 7.5 ft. side setback requirement to 1.5 ft. side setback to build bedroom addition. Address - 448 S. W. 10th Avenue Applicant - Gene and Barbara Esper Parcel ~2 - Lot 28, DEWEY HEIGHTS SUBDIVISION Recorded in Plat Book 24, Page 193 Palm Beach County Records Request - Relief from 25 ft. rear setback requireme~~t to 16 ft. 9 in. rear setback to build family room addition Address - 2895 S. E. 1st Court Applicant - Robert Tinker A PUBLIC HEARING will be held relative the above applications by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida~ on Monday, June 12, 1978, at 7:00 P.M. All interested parties are nOtified to appear at said hearing in person or by Attorney and be heard. BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH PUBLISH: CC PA~ BEACH POST-TIMES May 27th and June 5rd, 1978 City Manager City Council City Attorney Building Official Board Members Mrs. Kruse .~