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Minutes 03-28-77MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, ~L~RCH 28, 1 977 AT 7:00 P. M. PRESENT Derle B. Bailey, Chairman David W. Healy, Secretary Mrs. Lillian Bond Walter B. Rutter Foy Ward V. Paul Scoggins, Alternate Carl Zimmerman, Alternate E. E. Howell, Bldg. Official ABSENT Vernon Thompson, Jr,, Vice Chairman Stanley Weaver (Excused) Chairman Bailey called the meeting to order at 7:00 P. M. and introduced the Building Official, Members of the Board, and Recording Secretary. Minutes of, Marc. h 14, 1977 ~. Healy made a motion to approve the minutes,.seconded by Mr. Rutter. Motion carried 7-0. Chairman Bailey announced the only communication received was a notification of a correction in the address on the application from S. W. 1st Street to S. E. 1st Street. Public Hearin$ Parcel #1 - Lots 6 & 7, Block 18, Bowers Park Recorded in Plat Book 11, Page 57 Palm Beach County Records Request - Relief from 15 ft. side setback requirement to 13 ft. side setback To allow City of Boynton Beach to leave existing water mains Address - 816 S. E. 1st Street Applicants - Alfred M. Flora and Robert C. Johnston Mr. Healy read the above notice. He then read a communica- tion from Mr. E. T. Edwards, 211S. E. 9th Avenue, stating he has no objections. Chairm~n Bailey asked if a representative of the owner was present and Mr. Howellrreplied that he was representing them. MINUTES BOARD OF ADJUSTMENT PAGE TWO MARCH 28, 1977 Mr. Howell referred to the building being built and explained that he had actually exceeded his authority by allowing this builder to build within 13 ft. of the street side setback. The ordinance states he can build to the property line en one side of the lot and have a 15 ft. setback on the other side, but if there is a street side, that s.ide must be 15 ft. Be- cause this Board was not organized when this came up, he met with Mr. Perry Cessna, Mr. Tom Clark, Mr. Jehu Johnston and Mr. Frank Kohlo When this building was being built, the man hit a City Water main on his property where there was no easement recorded. He met with the City Officials since the Boar~ was being set up and due to the time involved and the ma~n being delayed on his building, knowing thespian could tear out the water line, considering the cost to remove and relocate the water line, considering the possibility of the City being involved in a law suit and for the good of the parties involved, he took it on himself to allow this man to mQve the building 2 ft. and request an easement, which this man has given. At this time, he is before this Board to legalize it. He has asked Mr. Cessna to come tonight to ans- wer any questions. However, there was no easement and they do not know how the water line got there~ Chairman Bailey ascertained the members had received the communication on the survey and easement grant. He then opened the floor'for questions. Mr. Rutter asked just what could be done now since the changes have been made? Mr.~Ward questione~ what they had d~cided on the status of surveys and Mr. Howell replied that he believed it was six months. Chairman Bailey pointed out that the sur- vey was dated August, 1976, and the application was made on February 14. Mr. Rutter stated he thought they had decided to leave it up to the discretion of the Building Department. Mr. Ward asked if a stemwall survey was submitted and Mr. Howell replied that it was required at the time the slab was poured, but he did not have it with him. He added that he did have the current survey and at the time the permit was applied for and application made, it was not six months old. He then showed the members the plot plan. Mr. Healy pointed out that the easement was to the rear e.f the building. Mr. Howell a~ologized for doing this, but stated that under the circumstances and with other input, he felt it was the only alternative they had. It would have been very costly as far as the City was concerned to remove the water line and relocate it, Plus people would have been out of water. Mr. Ward questioned the size of the water line and Mr. Cessna informed him it was 4". Mr. Cessna added that they would have had to go into the street to relocate it and it would have cost the Utility Department a considerable amount of money plus the inconvenience to the people. He told about MINUTES PAGE THREE BOARD OF ADJUSTmeNT ME, CH 28, 1977 the possibility of having other water lines in the rear with no easements in this particular section of the City. He ex- plained how they were hoping to get the easements as they go along. They may have more of these, but hope to catch them before building takes place. When they found out about this, they felt they should do something to rectify the situation. r~. Zimmerman asked if the property to the east had granted an easement and Mr. Cessna replied~ no, but they will pick these up as they go along and will get easements. Between 2nd Avenue, Seacrest Blvd., the railroad and up to 15th Ave , this is a problem. ' Mr. Healy asked if this could have been accomplished with the easement instead of asking for a variance and Mr. Howell re- plied that if the man had wanted to contest it, his personal opinion is if they had said no and requested the man to cut his building down, he could have taken them to court and he feels the court would have gone with the man and either re- quested the Building or water line to be moved° ~. Healy clarified that they did not know about the water line when the permit was granted and Mr. Howell agreed this was correct. Mr. Healy asked if they had a record of where the water lines are laid and Mr. Howell replied: no, but Mr. Cessna is working on a map now with Mr. John Johnston. He then explained how he and the City Planner were also trying to expedite the granting of permits. When he took the Build- lng Department over, people were waiting four to five months for a permit. There is a State law as of the first of this year that no city can hold an applicant for a building permit ~or more than 90 days. He ~eels that is~an extended time limit. At one time, only commercial buildings on property over an acre were submitted to the City Planner, Planning & Zoning Board and T.R.B. However, the system has been im- proved now and all plans are submitted to the Boards and a permit is issued within three weeks. Mr. Cessna is on the T.R.B. and hopefully these water lines wil~ be caught in the future. Chairman Bailey then asked if anyone in the audience desired to speak in reference to this application. Mrs. Shirley Dougherty stated her name and her address as 145 S. E. 8th Avenue. She informed the Board that she owned the property immediately to the west~ ~he advised the Board that she is concerned with the building being built close to the street and figure~ they will use her driveway. She re- ferred to the permit being issued in February and Mr. Howell informed her that the plans went through the T.R.B. in Decem- ber, 1976, and the permit was probably issued around February. ~s. Dougher~explained how the building was b~ilt so fast and questioned the proposed use. Mr. Howell informed her it MINUTES BOARD OF ADJUSTMEN T~ PAGE FOUR ¥~RCN 28, 1977 was a warehouse complex and added that it was zoned M-1 and could be industrial, warehouse, manufacturing, etc. Mrs. Dougherty referred again to the possibility of them using her driveway and stated when this happened, she would be coming to somebody. Chairman Bailey asked where she lived in relation to this building and Mrs. Dougherty informed him that she lived on the northwest corner of g. E. 8th Ave. and S. E. 1st Street and has a driveway on $. E. ~st Street. Chairman Bailey asked if her driveway was directly across the street from this building and Mrs. Dougherty replied that it was across from the north end of the building. Mr. Howell informedhher that if they did use her driveway, it would be illegal and if she informs the police, they could put a stop to it. Mrs. Dougherty replied that she appre- ciated this and has a tenant in an apartment where this driveway leads and wants them to have free access. This building is there and is practically on top of the street. If people turn around or are coming back and forth, they are going to be using her driveway. Chairma~ Bailey then asked for clarification i~ she was for the granting of this vari- ance or not variauce and Mrs. Dougherty replied that she is for it she works for th~ Water Department and knows the City needs it. Chairman Bailey asked if anyone else in the audience desired to speak for or against this variance request and received no response. Mr. Ward questioned easement rights on the property immedi- ately te the east owned by J. White and F~. Howell informed him that at the time J. White's building was built, they were not aware this line was in there and the line is not on his property. This water line is on the property between the two running north and south. The only reason they know it is there now is because when this man dug his footer, he hit it. Mr. Healy asked if there would be a sidewa~d~ placed outside of the driveway and Mr. Howell replied that there definitely has to be a sidewalk. Mr. Healy asked if the driveway was going over the s~dewalk and Mr. Howell replied: yes, but added that the man has ample parking. Also, there really should not be any reason for him to use Mrs. Dougherty,s driveway and he sincerely hopes he will not use it because we can do something about it. This man has ingress and egress from 1st Street into his parking. Mr. Scoggins made a motion to grant the variance, seconded by ~. Rutter. Under discussion, Mr. Healy asked if they would have more of these in this particular area and Mr. Howell re- plied there was a possibility and hopefully now they know this line is in there, we will locate it and if this comes up, we MINUTES BO~D OF ADJUSTMENT PAGE FIVE MARCH 28, i 1977 and his they retire. He~ Also, the T.R.B. will work something out with the builder. Mr. Healy re- marked that he hoped it would come to the Board of Adjustment ~efore the building is built and Mr. Howell agreed and apolo- gized again and stated if this were delayed from February, they could have been open for a law suit. Due to the fact the water line was there illegally, he felt it was for the good of the City to do this. Hopefully they won't run into too much of this. Mr. Rutter asked what the procedure would be if this happened again and Mr. Heal~replied that he think~ an investigation should be made at the time of application for a permit. Mr. Howell added that they do have a fairly good knowledge of where the water lines are located, but every once in ~uhile onecrops up which they don't know about. He explained how they had worked this out several times with an applicant when Mr. Johnston remembered there was a water line. He added that hopefully they were getting this on paper now. Mr. Healy asked~about the protection for the purchase~ of a piece of property and Mr. Scoggins replied that he did not t~hink the City could be held liable for a water line in the ground when they don't know where it is. Mr. Healy clarified that he was not talking about any liabil~ ity, but if there is the possibility this. exists, he thinks the man who owns the property should ~mow about it. Chair- man Bailey replied that in this case, it was a hidden pro- blem. ~. Healy stated he was mot referring to liability, but was just saying it would save the City a lot of embar- rassment. ~. Howell explained how a recorded easement would show on the survey when~ were buying property. ha~e problems when lines are hidden. Chair- man this would be the last case and this will up intthis old section. how he was working with Mr. Johnston but it takes money, time and process of doing this now. He deve ~ not re to the run i~to in older p~cially in Florida. their knowledge on paper before to cut this down to the bare minimum. a ~ield examination to try to eli- if there was a way of tracing and Cessna replied there was, are in the how in years past, plans and of any town, es- Chairman Bailey then requested a roll call vote on the motion and Mrs. Kruse took it as follows: N~.. Rutter - Aye Mrs. Bond - Aye Mr. Ward - Aye Mr. Zimmerman - Aye Mr. Scoggins - Aye Mr. Healy - Aye Mr. Bailey - Aye Motion carried 7-0. MINUTES B'0ARD OF ADJUSTI~NT PAGE S IX MARCH 28, 1977 ~ther Business Chairman Bailey referred to Mr. Healy's reminder at the last meeting regarding the receipt of the Florida State Statutes and the section of the Boynton Beach Code, Ordinance 77-5 and ascertained that the me~bers had received these in the mail. Chairman Bailey then referred to discussion before the meet- ing regarding notification by phone of the meetings. He asked if the members thought it was necessm~ry for somebody to call on the day of the Board meetings to remind them. Mr. Rutter replied that he did not think it was necessary. Mr. Ward stated he saw no harm in it. Mr. Zimmerman stated he had the date recorded on his calendar. Mr. Scoggins stated he did not see any reason for a phone call. Mr. Healy stated he had no objections wither way. Mrs. Bond stated she also had no objections either way. Mr. Ratter announced that the next meeting of the Board will be April 11. Mr. Ward stated that for years they have always been called, first by the Building Department and then by Mrs. Rothma~. ¥~. Howell asked if the Board was meeting on the second and fourth Monday of every month and Chairman Bailey replied that it was provided they receive notification from the City Clerk. Mr. Howell informed the members that in October, both of those Mondays_are holidays and Chairman Bailey suggested that the members give some thought to re- arranging those dates in October and discussing it at a future meeting. Adjournment Mr. Rutter made a motio~ to adjourn, seconded by Mrs. Bond. Motion carried 7-0 and the meeting was properly adjourned at 7:35 P. M. Respectfully submitted, Suzanne Kruse Recording SeCrets~y (One Tape) NOTICE Alfred M. Flora and Robert C. JohnstOn have requested variance as follows:- Relief from 15 ft. side setback requirement to 13 ft. side setback To Allow City of Boynton BeaCh to leave existing water mains Lots 6 and 7, Block 18, BOWERS PARK Recorded in Plat Book 11, Page 57 Palm Beach County Records Address - 816 S. ~. 1st Street Legal advertisements Will appear in the March 10th and 17~h · ssues of the BOYNTON BEACH NEWS JOURNAL. - HEARING WILL BE HELD.IN THE COUNCIL CHAMBERS, BOYNTON BEACH CITY HALL, MONDAY, MARCH 28, 1977, at 7:00 P.. M. Notice of a 'requested variance is sent t° property owners within 400 ft. of the applicant's property to give you a chance, to voice your opinion on the subject. . Objections may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, please call 732-8114, City Clerk's Office. March 9, 1977 CITY OF BOYNTON BEACH TEREESA P~GETT, CITY CLERK