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Minutes 12-19-77MINUTES OF THE BOARD OF ADJUSTMENT ~ETING HELD AT CITY HALL, BOYNTON BEACH, FLOR IDA, MOND.AY, DECE~ER 19, 1 977 AT 7: 00 P.M. ~ESENT Derle Bailey, Chairman Vernon Thompson, Jr., Vice Chairman David Healy, Secretary Mrs. Lillian Bond Foy Ward Carl Zimmerman Ben Adelman, Alternate Charles Rodriguez, Alternate BSENT Walter B. Rutter (Excused) Bert Keehr, Asst. Building Official Chairman Bailey 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 NOVEMJ~ER ~ Mr. Healy referred to Page 21, third paragraph, ninth line down, and corrected Mm. Zimmerman,s motion to withdraw "fur- ther considerationS,. Mrs. Bond moved to accept the minutes as corrected, seconded by Mr. Thompson. Motion carried 7-0. PUBLIC HEARING Parcel #1 - Lots 13 and 14, Block 23, Bowers Park Recorded in Plat Book 11, Page 57 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 10 ft. rear setback to build apartment adjacent to existing residence. Address - 1020 South Seacrest Blvd. Applicant - William H. Huff ~. Healy read the above application and a letter submitted requesting the variance in order to build a 22 x 30 ft. apartment for .Mrs. Huff's mother. It further stated that the mother is elderly and afraid to live alone, it will face Seacrest Blvd. and match the existing architecture and enhance the building. The members reviewed the plan and Chairman Bailey requested M~. Huff to address the Board. Mr. William H. Huff, 919 South Seacrest Blvd., appeared before the Board. He informed the members that the addi- tion planned will face Seacrest Blvd., the same as the existing dwelling, and explained how they proposed to match the existing architecture. He then stated he would be glad to answer questions or defend his reason for the variance. MINUTES EOARD OF ADJUSTMENT PAGE DECEMBER 1 9, 1977 Me. Adelman referred to the houses to the north being close to the property line and questioned when this area was re- zoned and ~. Huff replied that the dwelling directly to the north has a setback of 10 ft. from the Boundary line. He understands that those two lots face 9th Avenue, the same as his two lots face lOth Avenue. He does not know if the zoning was changed; but approximately two years ago, it was changed to R-2. ~. Thompson asked if he owned the property before the zoning change and ~. Huff replied negatively and added that it belonged to his wife's parents. ~. Zimmerman asked how long he has lived at this address and Mr. Huff replied for approximately two years. M~. Rodriguez questioned the size of the present structure and ~. Huff informed him t~at it has three bedrooms, two baths and a large family room on the rear. Mr. Rodriguez asked how many people were in residence now and ~. Huff replied that he owns the property now, but his mother-in- law previously owned it. He added that his mother-in-law was afraid to live a~one due to the murder just a few months ago a few blocks away. This is something they would like to do for her to help her be more comfortable and secure. M~. Rodriguez asked how many people there were in his family and M~. Huff replied that there was his wife, two small children and himself. Chairman Bailey referred to the property immediately to the north and questioned the setback from the side line and M~. Huff replied that the one immediately to the north which faces Seacrest Blvd. has a side yard of approximately 10 ft. Mr. Adelman added that he paced it off and it is approximately 10 to 11 ft. ~s. Bond asked when this house was built and P~. Huff replied approximately two to three years ago. Mr. Healy referred to the address on the application being 1020 and ~. Huff stating his address as 919 and M~. Huff explained that the house was empty because they were remod- eling it and he has his present house for sale preparing to move into this house. Chairman Bailey clarified that the front of the house was facing Seacrest Blvd. and ~. Huff agreed M~. Ward ques- tioned the . etoack from loth Avenue and Mr. Huff informed him there was 25.87 ft. from the east boundary line. Chair- man Bailey questioned the setback from the south and ~. Huff informed him it was 30.3 ft. Chairman Bailey clari- fied that the existing side setback on the north is 37.7 ft. and the request is to reduce it to 10.7 ft. and the require- merit is 25 ft.~ A 14.3 ft. variance is required on the north side to build the addition. ~. Healy referred to the zoning being for duplexes and asked if this would be considered as two homes on one lot and Mr. MINUTES BOARD OF ADJUSTMENT PAGE THREE DECEMBER 1 9, 1 977 Huff replied that it would be attached to the existing dwell- ing by a breezeway. Mr. Eeehr added that this would be suffi- cient to qualify for a duplex. Mr. Zimmerman asked by what dimensions the lot would be re- duced in siZe by the widening of Seacrest Blvd. and the addi- tional land needed for the entrance from 10th Avenue and I~. Huf£ replied that the survey showed how muchit~and was being taken for Seacrest Blvd. ?~' R°drigUez questioned the rear yard setback required ~or a duplex and ~. Keehr informed him it was 25 ft. ~s. Bond asked if consideration had been given to putting the addition on the other side on lOth Avenue and Me. Huff replied affirma- tively and explained the size desired would not allow~it even with a lO ft. setback. He pointed out that there was less roQm on that side and Chairman Bailey added that 25 ft set- back wouldmbe required there also. ' Mr. Healy asked if it was going to be something like a canopy attached to the existing building and M~. Huff explained that it would be a decorative block enclosure to match the existing with a solid roof. Chairman Bailey asked if anyone in the audience desired to speak in favor of this variance and received no response. He then asked if anyone desired to speak in opposition and received no response. M~. Adelman made a motion to grant this variance for the reason that there are three houses on this block and the other two both have ~0 ft. setbacks. It seems unfair to penalize this one house. ~. Thompson seconded the motion. Under discus- sion, ~. Healy referred to a hardship being involved and stated he felt this was a self-made hardship. He e~plained how he could not consider the building of a separate apart- ment as a complete hardship, but possibly could consider it if just an additional room was planned. Mr. Adelman stated he thought it was a hardship when the zoning regulations make this one house unique since the other houses have not met the requirements. ~. Rodriguez stated that is why he questioned.the requirements for a duplex and this is based upon a duplex use; however, what is unique is that the con- struction of this house did not leave too m~ch space for this addition. He explained how the zoning laws were drawn up to establish standards and how the Board of Adjustment was authorized to grant variances for specific hardships. However, this is unique with the two lots facing lOt~ Ave, and the rear yard setback being a little odd. ~. Zimmerman referred to a hardship and stated that the applicant has not lived in this house, the rezoning did not h · cause a ardshmp and he is not living there yet. MINUTES BOARD OF ADJUST~T PAGE FOUR DECE~ER 19, 1977 Mr. Healy stated he was sure when the house was built, per- mission was granted by the Zoning Board or Board of Adjust- ment at that time to change these lots from the frontage to Seacrest Blvd. Chairman Bailey questioned the basis for this assumption and ~. Healy replied that he believes this home would have had to face on lOth Avenue and permission must have been given to make the change, t~'~. Keehr stated that the only requirement was to meet the setbacks~and pointed out that it appeared the house was set in the center of the two lots. ~. ~ard asked when the house was built and HUff replied approximately twelve years ago. ~s. Bond asked how long his mother-in-law had~owned it and ~. Huff replied that she bought it new from the contractor. Chairman Bailey stated that right now, the house is facing Seacrest BlVd. and in checking the sur~ey, the required front setback is 25 ft. and the existing house is 25.35 ft. from the e~isting right-of-way. One, the south side on S. E. ~Oth Avenue, 25 ~t. is required and it is 30.3 ft. On the e~st side, which in common sense is the Back yard, 25 ft. is re- quired and 25.87 ft. is existing. He questioned the side setback for a duplex and ~. Eeehr informed him it was 10 ft. Chairman Bailey continued that 10.7 ft. is proposed on the north side and explained how consideration should possibly be given to stipulating that nothing be built on the east side. He ad~ed that legally 5 ft. could be added to the south side as long as the maximum coverage is not exceeded. The front yard could be ~Oth Avenue and by ~mking applica- tion to the post office, the address couid be changed.. Eeehr agreed that by being consistent with the rest of the block, JOth Avenue would have to be considered the front yard. Chairman Bailey suggested that the motion be amended with the stipulation that the east side be considered the rear yard and no addition can be made on the east side to maintain a 25 ft. rear setback. There was~further discus- sion about the determination of the setbacks and ~¢~. Thompson added that probably additional building would not be allowed because the maximum square footage and density would be ex- ceeded. Chairman Bailey explained how there was the possi- bility that a 15.7 x 40.3 ft. addition could be built on the east side. They further discussed what could possibly be built in the future. ~¢r. Adelman then made the amendment not to allow construction on the east property seconded by ~s Bond. Amendment car- ried 7-0. ' ' · .~.s requested, ~s. Kruse took a roll call on the original motion as follows: Fms. Bond - Yes Mr. Thompson - Yes ~. Ward - Yes Mr. Adelman - Yes ..Mr. Zi~merman - Yes Mr. Healy - No ~. Bailey - Yes Motion carried 6-1. MINUTES B!OA~D OF ADJUSTMENT PAGE FIYE DECEMBER 1 9, 1977 Mr. Adelman made a motion to adjourn, seconded by ~s Bond Motion carried 7-0 and the meeting was properly adjourned at 7:45 P.M. ' ' Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape)