Minutes 04-24-78MI.~TES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, MONDAY, APRIL 24, 1978 AT 7:00 P. M.
PRESENT
Vernon Thompson, Jr., Chairman
David W. Healy, Vice Chairman
Carl Zimmerman, Secretary
Lillian Bond
Joe M~iorana
Foy Ward
Charles Rodriguez, Alternate
Bert Keehr, Assistant
Building Official
ABSENT
Ben Adelman (Excused)
Bill Cwynar, Alternate
Chairman Thompson called the meeting to order at 7:07 P. M.
and introduc.ed the members of the Board, Assistant Building
Official and Recording Secretary.
MINUTES OF FEBRUARY 13, 1978
Mr. Healy moved for approval of the minutes, seconded by
Mrs. Bond. Motion carried 7-0.
C ORRES PONDENCE
Chairman Thompson announced that M~. Adelman had sent in a
note requesting to be excused for this month.
Chairman Thompson read a note from Fire Chief Wright advis-
ing that Extension 242 i~ no longer in service and to please
call Extension 249.
Chairman Thompson added that he had not received any informa-
tion from the City Attorney and ascertained that none of the
other members had.
~'UBLIC H~ARING
Parcel #1 - Lot 22, Blk. 19, Golfview Harbour, Section 2
Recorded in Plat Book 27, Pages 46 & 47
Palm Beach County Records
Request - Relief from 8 ft. rear setback require-
ment to 3 ft. 7 in. rear setback to
screen enclose pool
Address - 2510 S. W. 12th Street
Applicant - Arnold A. Moretto
Mr. Zimmerman read the above application and noted it was re-
quested because the pool cannot be screened in without exceed-
ing the setback restrictions and a screen enclosure is needed
for insect protection.
MI ~U TES
BOARD OF ADJUST~NT
PAGE TWO
APRIL 24, 1978
M~. Arnold A. Moretto, 2510 S. W. 12th Street, appeared
before the Board and referred to there being an additional
5 ft. setback easement in the rear and Mm. Keehr replied
that none was shown. M=~. Moretto told about talking to
another owner and being advised that the lots were developed
with a 25 ft. setback and not 20 ft. ~. Keehr informed him
that the survey, site plan nor the aerial view show an addi-
tional 5 ft. easement. He added that there is excess land
behind the property line which was there prior to the plat-
ting of the lots. There is 16 ft. back to the water's edge.
This might give the indication there is an easement, but it
is not shown in the records. Mr. Moretto agreed there was
an easement for the canal and Mr. Zimmerman clarified that
it was part of the 80 ft. right-of-way for the Lake Worth
Drainage District. Mr. Keehr added that ~. Moretto obtained
a permit through the Lake Worth Drain~ District to install
the bulkhead and Mr. Healy replied that at that time, it
would have been known that this is Lake Worth Drair~age Dis-
trict property.
P~. Ward asked when the house was built and Mr. Moretto re-
plied about three months ago. Mr. Ward asked if a variance
was obtained to build it and Mr. Moretto replied that it was
not required as the house is within the legal ~mits and just
the pool enclosure will exceed. Mr. Ward referred to the
side setbac~ not meeting requirements and ~. Healy noted
that they were shown as 8.87 feet. Mr.~ Ward agreed and stated
that 10 ft. was required. ~q~. Keehr imformed them that 7½ ft.
is required since it was plated prior to June, 1975, and this
was verified by the zoning code.
M~. Zimmerman asked wh~u the ~design of the house wasn't of
the nature to accommodate the screen enclosure and M~. Moretto
replied that he built the house, but subbed out the pool to
another contractor and he does not know why it was not brought
to his attention. Mr. Zimmerman asked if he had planned for
the pool and screen enclosure and Mr. Moretto replied that this
had always been his intention. Pm. Zimmerman questioned how
this situation came about and Mr. Keehr explained how when a
pool permit is applied for, it is noted whether it is to be
screen enclosed, but it was not in this case. ~. Zimmerman
stated that in designing the floor plan of this house, the
architect should have been aware of that and considered the
setback required at that time. It was just recently built
and the code has not been changed. [~m. Moretto agreed, but
stated he believed it was just a situation which was over-
looked. As he knows from being in the business daily, some
problems ~et overlooked. These things have a tendency to
happen once in awhile. There is 16 ft. to the bulkhead and
he doesn,t feel it would be obstructing anyone's view nor
hindering anyone else's property. If he felt he was damag-
ing someone, he would not do it. He is trying to do it in
the right manner and does not see any strong objections.
MI~VJ TES
BOARD OF AD~STM]~NT
PAGE THREE
APRIL 24, 1978
~. Zimmerman explained how there could possibly be plans for
landscaping along this right-Of-way and with having it crowded,
there would not be the room. He asked if he planned any land-
scaping there and ~. Moretto replied negatively. Chairman
Thompson added that the owner was allowed to landscape this
16 feet OWned by the Lake Worth Drainage District with their
Permission!with the understanding that they can move it if
necessary, i Nm. Moretto agreed and advised that he has grassed
it.
1~. Ward. referred to his statement that he intended to enclose
the pool before it was built and asked if the plans showed
this and ~m. Moretto replied that he did not feel there would
be any problem enclosing it. He clarified that he did not
build the pool, but contracted it out.. ~. Ward informed him
that it was his obligation because he sublet it out.
Moretto agreed and added that it was also his property.
Ward clarified that it was not the pool contra~'tor's obliga-
tion.
Mr. Ward asked if there was anything around the pool now and
l~. MorettO informed him that he had a temporary fence around
it, but removed it recently. He added that he wanted to screen
it because of the bugs and dirt.
~ir. Rodriguez referred to situations following the same pattern
with the deed and transfer as late as August, 1977 and stated
that it is encumbent upon somebody who b~ys to know the re-
strictions and for somebody in the field not ta know the re-
strictions isaalmost unheard of. He referred to the code under
which the Board operates stating there must be a special con-
dition which does not result from the actions of the applicant
and stated that Mr. Moretto purchased this within the past two
years, he is in the field, and he would think he would be
knowledgable. He can only see these actions resulting from
the applicant. ~. Moretto referred to the City having some
responsibility and ~. Rodriguez replied that basically the
City sets UP the zoning code and the builder must comply.
Exceptions are for situations over which the individual truly
has no control or inherits over a period of time. ~. Moretto
replied that he did not obtain the pool permit. He does not
think, this is his own responsibility. He did his work right
as the general contractor, but it got away with him with the
pool. The permit was issued. Other people had as much re-
sponsibility as he did. He does not think he was fully in
control of the situation. ~tr. Rodriguez asked if he planned
the areas of the side and the total area to be covered and Mm.
Moretto re~lied affirmatively. Mr. Rodriguez asked if he was
aware if t~e pool was built to these dimensions that a vari-
ance would be required and Mm. Moretto replied negatively,
because there was some question regarding the distance of the
pool from the house. He explained how there wasaa steep in-
cline and the City recommended staying 5 ft. from the house
MI~JTES
BOARD OF ADJUSTmeNT
PAGE FOUR
APRIL 24, t978
because there were supporting columns. He clarified that
this resulted in the pool contractor going out further to
protect the residences there.
~M. Rodriguez referred to the location of the house and asked
if there were any alternatives and Mr. Moretto replied that
the house ils in there as tight as a nail. He does not think
the pool man wanted to get close to the supporting columns
for the roolf. He thinks this had the tendency to push the
pool out. He thinks it was a situation which got away from
everyone, iThe pool contractor was trying to get the pool in
and protect the building he built. He thinks he got the pool
out a littlie too far. M~. Rodriguez referred to other lots
in this area and asked if it would always be a situation that
when building in accordance with the setbacks, a variance
would be neieded to enclose the pool and ?~. Moretto replied
that it is a problem there. Mr. Keehr added that this is a
100 ft. deep lot and it will tend to get pinchy in the back
because the! pool must be 8 ft. from the foundation of the
house.
Mr. Ward asked how much space there was between the pool and
house now and ~s. Bond pointed out that 15 ft. was shown.
Mr. Moretto advised that there were supporting columns cover-
ing a roof there. ~. Rodriguez clarified that the pool is
about 5 ft. from the wall line.
M~. Healy asked if the pool and house were built at the same
time and Mr. Moretto replied that the home was started and
then the pool; he let the pool contract out after he started
the home. Mr. Healy clarified that it was under construction
all at the same time with the pool in before the roof was on
the house and Mr. Moretto replied that they were going up
simultaneously.
M~. Zimmerman referred to the Board's guidelines requiring
the questions to be asked if there is a hardship and if
there is, who caused it. He stated that ~. Moretto has
other o~tions as i~' he doesn't build an enclosure, he can
install a fence. It won't keep out the bugs, but it will
fit in the requirements of the code. M~. Moretto replied
that he thought a fence would hurt his property. M~.
Zimmerman asked if there is a hardship? Mr. Rodriguez
clarified that the difficulty is that the hardship was a
series of decision~sby the applicant. M~. Eimmerman asked
if the hardship was caused by the owner or someone else
and added if self-imposed, we do not hsz¢e much right to grant
a variance.
Chairman Thompson stated that there must have been a plan sub-
mitted for a permit for the pool and questioned why this was
not detected then and M~. Keehr replied that the BUilding
MINUTES
BOARD OF ADJUSTmeNT
PAGE F tV~E
APRIL 24, 1978
Dept. does not dictate whether they want a screen enclosure
of fence. Mr. Ward clarified that the plan did not show they
anticipated a screen enclosure and M~. ¥~.eehr agreed that it
did not.
M~. Moretto referred to working in many other cities and stated
that most require a fence or screen enclosure permit at the
time the pool permit is applied for and asked why this wasn't
brought to the attention of the pool man? He thinks this is
his option as the owner. He is paying ~axes and thinks it
should have been stopped and brought to his attention. Mr.
Keehr clarified that it is required to be 8 ft. from the pro-
perty line and a fence will do. In some occasions, they have
the opportunity to assist people in setbacks in case they are
going to put in screen enclosures. ~'~. Moretto stated that
this is a hardship on his part. He was not completely informed
by the City and this particular contractor as to his rights.
Mr. Keehr advised that about three weeks ago, the Building
Dept. sent out a letter to all pool contractors stating that
from this day hence upon applying for a pool permit, the per-
mit will not be issued until either a fence or screen enclo-
sure permit has been issued. This was put into effect about
three weeks ago. It was put into effect to prevent pools
being full of water without the proper protection. From this
date forward, this problem will not come again because we
must know right away whether there will be a fence or screen
enclosure. This is included as part of the ordinance. Mr.
Ward referred to the possibility of something falling into
the pool and asked if the pool contractor or the general
co~tractor would be blamed and ~. ~ee~r~ ~ replied that the
general contractor has the prime responsibility. M~. Ward
clarified that it is under the general contractor's super-
vision if he pulls the permit and ~. Moretto replied that
he did not pull the permit for this pool. Mr. ~ard stated
that it was part of the same job and he is responsibl~efor
the entire job and ~. Moretto disagreed in that he does
not call for inspections for the pool contractor,s work.
~. ~ard stated that he is responsible for it and the in-
spection is not part of it and M~. Moretto replied that he
has been in this business for years and explained how there
were separate responsibilities an~ they can go en and on
questi~oning whose responsibility is whose. ~. Ward clari-
£ied that th~ Board was trying to determine where the hard-
ship eo. ters and ~. Moretto replied that they should look at
the City Ordinance as the permit for the screen enclosure
should have been applied for when the pool permit was ob-
tained. ~. Rodriguez stated thst the mechanics may not
have been followed right, but he should know what is re-
quired and ~. Moretto replied that the pool contractor is
responsible. Mr. Rodriguez stated that with ~. Moretto
being a man in the field, he should have the knowledge of
what is reqUired and should have been interested about this.
MINUTES
BOARD OF ADJUST~NT
PAGE SIX
APRIL ~24, 1978
I~. Moretto stated that he did not know the City worked this
way and if they worked correctly, they should have caught it
when the pool permit was applied for. Mr. Rodriguez referred
to ~. Moretto having a personal interest in this and :~$plained
how he imagined how he would have shown some caution in this.
Mr. Moretto replied that he wants to work within the law and
just not go ahead and put up the enclosure.
~M. Rodriguez referred to the guidelines requiri~gthat the
special conditions and circumstances do not result fromtthe
actions of the applicant and ~. Moretto replied that it did
not result from his actions. He stated that the ordinance
says the permit for the enclosure should have been pulled
when the pool permit was. This is a situation with a very
tight lot. The pool contractor was trying to protect his
property by building the pool out. Possibly the survey was
not clear. Three people could have caught this - him, the
Building Department and the pool contractor. M~. Rodriguez
clarified that he was saying this was a mistake and ~.
Moretto replied definitely. It is a situation where he sub-
letted to a contractor and he is responsible. He has other
work and could not be watching everything.
~. Rodriguez asked what the pool man could have done ~iffer-
ently and Mr. Moretto replied that he could have put the pool
in, but he would have endangered his property. M~. Rodriguez
clarified that the pool man had a few options and the City
recommended that it be moved away from the structure. In
order to co~ply with the City's requirements, he built it
where he could. ~M. Moretto stated that the City require-
ment is 2½ ft. to the structure and M_~. Keehr informed him
it was 8 ft. from the deep end and 5 ft. from the shallow
end. ~. Rbdriguez clarified that it was built in the only
place where it could be built. The burden is in the total
use of the property.
Chairman Thompson stated that he can see with all these par-
ties involved, someone should have caught it. However, ~.
Keehr explained that a person has the option to put in
either a fence or screen enclosure. As it stands now, it
caused it. The pool cannot be
is aware that bugs are a defi-
nite factor; There is not much to consider except who is at
fault. He' asked if the pool builder could possibly have put
in some shoring and moved the pool closer and Mr. Moretto
replied that he thinks this would have resulted in more ex-
pense. He think~ one of the three should have caught the
problem~ - ~imself, the pool man or the Building Official.
He is not a~customed to the pool codes. He may build one
pool a year~ This is his own personal home and it creates
a real hardship for him.
MI ~v2 TES
BOARD OF ADJUSTMENT
PAGE SEVEN
APRIL 24, 1978
~. Ward clarified that the plan did not indicate a screen
enclosure was to be installed and F~. Keehr replied that he
was assuming this because it was not marked on the print.
If it was noted on the print, the plan check man would have
caught it. Mr. Ward stated that if it did not show on the
plan, he cannot see where the Building Dept. is mt fault.
Mr. Zimmerman questioned Mr. Moretto,s reason for buying
this lot and t~. Moretto replied that it is on the water.
Mr. Zimmerman referred to there being a vacant lot to the
north and ~. Moretto informed him tha~ those lots are not
for sale. i~. Zimmerman stated that if the house had been
designed ailittle differently, it could all have fitted on
this lot and ~o Moretto replied that it would have been
very difficult as it is a very tight lot, The house is
built at t~e minimum setbacks.
~. RodrigUez referred to the possibility of the pool being
relocated ~ith the use of shoring and asked if it would have
been at grelater expense and M~. Moretto replied that this
was never blrought to his attention. ·
M~. Healy asked if the construction of the pool was an after-
thought and Mr. Moretto replied that he didn't think so as it
was considered when he built, but he did not make a drawing.
M~. Healy referred to the size of the lot and being familiar
with
wa8
recently heard another 5 ft. variance was granted along this
back canal. Mr. Healy asked how many homes he had built in
this area and ~. Moretto replied that he has built six or
seven, but this is the only one on the water. Mr. Healy
stated that since the pool was not an after-thought, he can-
not see any reason.
~. Moretto referred to engineering being required for a
screen enclosure and stated that he thinks this got bungled
up. Pools aresometm~.~es~ problems and in this case, it got
away from everyone. He subbed the pool out and it was not
caught by the poOl contractor or the City. When he was not
~are of it, how could he straighten it out?
Mr. Hea!y referred to when he planned the house and asked
if he believed he had enough room to build the house and
enclosure a~d ~. Moretto replied that he did and the sur-
veyor and architect told him there was enough room.
M~. Zimmerman referred to it being an odd shaped lot and ~.
Moretto added that it was not against anyone and there is an
additional 16 ft. to the bul~hea~. He can show them enclo-
sures closer than that. ~. Rodriguez explained how with
granting mo~e exceptions, it would just result in no zoning.
MINUTES
~OARD OF ADJUSTmeNT
PAGE EIGHT
APRIL 24, 1978
~. Rodriguez stated that the Board has guidelines we must
follow. Ms. Moretto referred to there not being anyone pre-
sent objecting to this and Mr. Rodriguez replied that the
function of the Board is not to define according to public
statements.
Chairman Thompson asked if anyone else wished to speak in
favor of t~is variance.
Ms. Edward iCleary, 1213 S. W. 25th Avenue, appeared before
the Board and advised that he was the nearest resident to the
west. He ~eferred to this being water front property and
stated that this variance would be less damaging than most
the Board ~ould be confronted with. He is in favor of this
variance beiing grant~d,~ Mr. Rodriguez replied that if the
City viewed! the situation of a canal being different and
had dif£ereint laws aDolicable to land adjacent to water,
then pos~mblly this application would not be before the Board.
unamrman _niompson ascertained that nobody else desired to
speak either for or against this application.
Ms. Morettol s~ated he thiol~s they are basically confronted
with a group of professional people~ him as a builder, the
pool contractor license~ in the State of Florida, and the
Building Oflficial, and they are all h~an beings and this is
a situationi where a mistake was made. He thinks they must
consider wh~ther anyone will be hurt by the granting of this
variance. When he builds a house, he tries to look whether
he is endangering any property. In a situation like this,
possibly th~ pool man looked to protect his property and
kicked the pool out a little bit. He does not want to slide
anything by!and applied like a responsible citizen. He does
not see where there should be too many objections to the
granting oflthis variance.
Chairman Thompson then declared the discussion open to the
Board members.
~. Maiorana stated that he spent a good many years in con-
struction and knows towns and states have different codes.
Sometimes errors were made. It seems there is a hardship,
since this man does have the pool. No one will live behind
him. He thinks it is necessary to have an enclosure since
it is a new pool to keep it clean and keep the insects out.
~s. Bond referred to Ms. Keehr stat'~ that from now on
when a person applies for a permit, the permit will be
issued for the enclosure, but up until now, it was not
done and Mr, Xeehr agreed. She clarified that both permits
would have to be issued at the Same time. ~. Ward referred
'to there being a difference between a fence and screen enclo-
sure and Mr. Keehr agreed and clarified that a fence could go
MINUTES
BOARD OF ADJUSTMJ~NT
PAGE NINE
APRIL 24, 1978
on the property line. ~s. Bond stated that it was not en-
forced up until this time and Mr. Keehr clarified that it was
enforced, but not at the time of the pool permit.
Mr. Ward explained how there could still be a problem if a
decision was made to enclose a pool after it was built and
M~. Keehr agreed, but stated~in this case, he believes when
the permit was pulled for the pool, he did not apply for the
screen enclosure. M~. Rodriguez clarified that in this case,
neither a fence nor screen enclosure was provided for in the
plan.
Mr. Healy referred to this applicant being an experienced
builder and explained how pre-meditation must be given con-
sideration and whether this was based upon the leniency of
the Board of Adjustment. He feels there ~.~is more than one
person to blame here. However, he would give this gentleman
the benefit of a ~oubt.
Chairman Thompson stated that we are aware a mistake has been
made and there is very little which can be done to cOrrect it.
There are three persons involved and he does not want to blame
either one, but ~lames the whole group. He would lean towards
granting t~e variance as this would not encroach on someone
else,s proDerty. It means there will be a screen with the
distance narrowed down from 6 ft. to 3 ft.
~. Rodriguez stated that he feels like we are being put in
the position of increasing the price of a car purchased on
the basis of the fact that the dealer did not make a good
enough deal on his own behalf. He tends to think dealers
do not make mistakes. Knowledgable people tend not to make
basic, errors.
Chairman Thompson stated ~hate he has been aware of M~.
Moretto having engineers at his jobs. He is trying to get
the proper setbacks. It is a case where he feels the pool
cannot be moved. It is a case where the people will suffer
from insects against allowing 4 ft. He knows people make
mistakes and personally feels this was not a premeditation
against the Board. ~. Healy clarified that he said there
was the possibility of these premeditations.
~. Ward referred to other people being blamed and stated
het~nmnks' they should have the chance to make a rebuttal
to this.
Mr. Hea!y referred to this being M~. Moretto's own personal
home and ~. Moretto agreed. Chairman Thompson added that
if this had been property to be sold, it would mean he could
not pass on the mistake as the bank would not allow it, but
this is a personal home and he think~ ~. Moretto is trying
to get rid of the bugs. ~L~. Maiorana added that if there
MI~UTE$
BOARD OF ADJUSTMENT
PAGE TEN
APRIL 24, 1978
was a house in the back, he would possibly see an objection.
Mrs. Bond referred to M~. Moretto having children and M~.
Moretto replied affirmatively. Mrs. Bond stated that the
enclosure would give extra protection and. Mx. Moretto agreed.
~M. Maio~ana made a motion to grant this variance, seconded
by ~s. Bond. As requested, Mrs. Kruse took a roll call vote
on the motion as follows:
~. Rodriguez
- No, On the basis of the points he
Mr. Maiorana - Aye
~s. Bond - Aye
Mr. Ward - No
Mr. Zimmerman - No
M~. Healy - Yes
Mr. Thompson - Yes
previouslY made and he cannot
believe this was an accident
from the beginning.
Variance denied 4-3.
Mr. Ward stated that if we have any more situations like this,
he would be in favor of postponement until the accused party
could be here to answer. M~. Zimmerman agreed. M~. Rodriguez
agreed because it it hard to feel you are making the right
decision based on one presentation. M~. Ward added that it
is only fair to the people being accused to have part.
~DJOt~NT
~. Zimmerman made a motion to a~journ, seconded by ~. Ward.
Motion carried 7-0 and the meeting was properly adjourned at
8:~O P. M.
Respectfully submitted,
Suzanne M. Kruse
Recording Secretary
(One Tape)
NOTICE
NOTICE IS HEREBY GIVEN that the following application has been
made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH,
FLORIDA for variance as indicated, unde~ and pursuant to tbe
provisions of the zordng code of said City: ~
Parcel #1 - Lot 22, Bik. 19~ GOLFVIEW FJkRBOUR~ SECTION 2
Recorded in Plat Book 27~ Pages 46 & 47
Palm Beach County Records
Request - Relief fmom 8 ft. reaz. setback ~equi~ment
to 5 ft. 7 in. ~eaP setback to. scree~
enclose pool
Add~ess - 2510 So'W. 12th Stmeet
Applicant - Arnold A. Moretto
A PUBLIC HEARING will be held relative the above application by.
the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach~ Florida~
on.Monday~ April 24~ 1978~ at 7:00 P~ M~ Ail ~-nterested part, es
are notified to appeaP at said hearing in person om'by Arrow.ney
and be heard.
BOAP~D OF
CITY OF BOYNTON
FdBLISH:
PALM BEACH POST-TIMES
April 8 and 15, 1978
cc City ManageP
City Council
City Attorney
Building Official
Boamd Members
./ M~so K~use