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Minutes 06-14-76MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY N~LL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 14, 1976 AT 7:00 P. M. PP3~SENT Joseph Aranow, Chairman Derle B. Bailey, Vice Ghairman Robert Gordon, Secretary George Ampol Alvin C, Boeltz Vernon Thompson, Jr. Fey Ward E. E. Howell, Bldg. Official ABSENT Walter Rutter, Alternate (Excused) Chairman Aranow called the meeting to order at 7:00 P. M. and introduced the Recording Secretary, members of the Board and the Building Official. Minutes of May I0,. 1976 Chairman Aranow announced that Mr. Howell had requested two corrections to be made. He referred to Page 7, next to last paragraph, last sentence, which should read: "Mr. Howell added that the Building Department has an affidavit for joint owner- ship." (Change had to has and leave out also received) Chairman Aranow referred to Page 14, fourth line from top, which should be: "They own lots 1 thru 6 as shown on the survey." Mr. Ampol referred to Page 18, second paragraph, and advised that they had a discussion regarding the time of the meeting and a motion was not made. Also, they did not adopt the 7:00 P. ~. meeting time until March 1974. Mr. Boeltz referred to Page 11, third paragraph, fifth line, which should Be "R-3" instead of R-2. Mr. Gordon moved that the minutes Be accepted as corrected, seconded by Mr. Thompson. Motion carried 7-0. Communications Mr. Gordon read a letter from Mr. Rutter advising that Because of a trip north, he would be unable to be active on the Board from June 15 until approximately August 20. Mr. Gordon added that he would also not be present during the months of July and August. Chairman Aranow stated that the letter would be filed and Mr. Rutter and Mr. Gordon would be excused until they re- turned. Mr. Ampol added that he would be away for the whole month of September. Old Business MINUTES BOARD OF ADJUST~NT PAGE TWO JUNE 14, 1976 Mr. Gordon referred to the three applications tabled at the last meeting in May. Mr. Bailey moved that the applications be re- moved from the table, seconded by Mr. Ampol. Motion carried 7-0. Town Taver. n, .Inc. Mr. Gordon stated that this had been tabled until this meeting tonight to show proof of ownership. He informed the members that this was given to Mrs. Padgett and was forwarded to the Board. Mr. Bailey movedtthat the variance be granted to Town Tavern, !nc,, seconded by Mr. Gordon. Chairman Ara~ow informed them that he did not think the motion was necessary as it was granted at the last meeting subject to the proof of ownership being sub- mitted. He then gave Mrs. Kruse this information to be turned over to Mrs. Padgett. Arthur H. Nelson Mr. Gordon stated that this had been tabled until this meeting to show a new survey. Chairman Ara~ow ascertained that Mr. Nelson was not present and a new survey had not been submitted. He suggested holding this until later in the evening. Antonio Ferazzoli Mr. Gordon stated that this had been tabled until this meeting to have~a deed presented~and research done. Chairman Aranow ascertained that Mr. Ferazzoli was not presente He suggested that they hear Mr. Howell's report on the research and if Mr. Ferazzoli comes, they can check the deed and act on it. Mr. Howell referred to the Board being concerned with the land area and advised that under the present zoning, 32,000 square feet are required and he has 30,800 sq. ft. Under the old zoning, he was~required to have 2,000 sq. ft. for each first floor area and l,O00 sq. ft. for each above the first floor area and the total would be 12,000 sq. ft. Under the present zoning, he is short 1,200 sq. ft. Chairman Aranow referred to the members previously being under the impression that the old zoning was the same as the present zoning and Mr. Howell read the require- ments from Page 10, Paragraph D, Item 2. He explained how the building qualified under the old and present zoning, bmt he was short 1,200 sq. ft. in the land area under the present zoning. Mr. Ward asked if it conformed when it was built and Mr. Howell replied: yes. Mr. Boeltz questioned the density and ~. Howell informed him it was 10.8. Chairman Aranow clarified that the building was constructed so they could add another kitchen without changing the walls or anything and Mr. Howell agreed. Chairman Aranow continued that MINUT~ BOARD OF ADJUSTMENT PAGE THREE JUNE 14, 1976 he understood they were not allowed to make it an eight family house when it was built because of the septic tmmk. Before the septic tank went in, they got the right to hookmp to the sewer. It was good enough for an eight family house at that time, but is now short 1,200 ft, Mr. Thompson added that under the old law, only seven could be put on a septic tank. Chairman ~ra~ow clarified that under the oldilaw, he could put up an eight family house if he hooked up to the sewer. Mr. Howell added that he u~derstoedl from the builder that this was built this way so they could make it into an apartment when they 'hooked into the sewer. Chairman Aranow again ascertained that a representative was not present for this application and suggested holding it until later in the evening. Mr. Gordon added that they had also not received the deed. New Business Parcel #3 - Lot 47, High Point Recorded in Plat Book23, Page 225 Palm Beach County Records Request - Relief from 75 ft. frontage requirement to 60 ft. frontage platted Relief from 7.5 ft. side setback required to 6.07 ft. existing on West side and 6.89 ft. existing on Eas$ side Te build living area extension and pool enclosmre Address - 223 S. E. 25th Avenue Applicant - Mrs. Linda P. Bradley Mr. Gordon read the above application and advised the reason re- quested was that the existing house was built 20 years ago and they will maintain the same lines existing. M~. Bailey informed the Board that he would abstain from this application, because it involved him directly. Chairman Aranow asked if the proposed addition together with the present house would cover more than 35% of the area and Mr. Howell replied that he didn,t Believe so in looking at the survey. Mr. RoBert J. Bradley appeared before the Board and stated his name and his address as 223 E. E. 25th Avenue and informed the Board that he was Mrs. Linda P. Bradley's husband. ~o Beeltz asked if it would be a covered patio and Mr. Bradley informed him that it was all shown on the drawing and the roof part is 12 x 29 ft. with the rest Being a screen e~closure. Mr. Ampol asked when he purchase~ the property and Mr. Bradley replied in 1963. Mr. Ampol referred to the deed showing 1971 and Mr. Bradley informed him that he purchased the property in 1963, but there was a transfer of ownership. Mr. Boeltz asked what the eld zoning was and Mr. Bradley replied that he didn't k~ow, But MINUTES BOARD OF ADJUSTMENT PAGE FOUR JUNE 14, 1976 the homes were built in 1958 and platted in 1952. Mr. Thompson clarified that with the new addition, there would be no further encroachments on the setbacks and Mr. Howell agreed in that he is asking to maintain the side setbacks existing. Mr. Bradley added that rather than make it a boxy unattractive addition, he wanted to maintain the same lines and construction all the way. Chairman Aranow asked if anyone present desired to speak for or against this application and received no response. Mr. Thompson made a motion to grant the variance, seoond~by Mr. Gordon. Chairman Aranow requested a roll call vote and Mrs. Kruse took it as follows: Mr. Boeltz - Aye Mr. Ward - Aye Mr. Thompson - Aye Mr. Ampol - Aye Mr. Gordon - Aye Mr. Ara~ow - Aye Motion carried 6-0. Parcel #5 - Lot 51, Glen Arbor Second Addition Recorded in Plat Book 26, Page 103 Palm Beach County Records Request - Relief from 75 ft. frontage requirement to 63 ft. front platted To build screen porch at S. W. corner of house Address - 982 N. W. 8th Avenue Applicant - Lloyd and Janet Linnell Mr. Gordon read the above application and advised it was requested because it will not.add to the non-conformity and the house is existing on a substandard lot. Chairman Aramow asked when this house was built or when the c/o was issued ~d Mr. Howell replied that he did not know, but would try to supply that information in the future. Mr. M~rx stated hi~ name and his address as 634 Ocean Inlet Drive and informed the Board he was representing Mr. & ~s. Linnell. He informedthe Board that they bought this house about three years ago, but he did not know when it was built. He added that the zoning was changed not too long ago. Chairman Ara~ow stated that he ~elieved it was formerly zoned as a 60 ft. lot and was changed to a 75 ft. lot in 1975. He thinks this building was legally built according to the zoning reqUirements~when it was built. Mr. Bailey added that a variance was required to cover the lot frontage from 75 ft. to 63 ft. Chairman Aranow asked if anyone in the audience was either for or against this application and received no response. MINUTES BOARD OF ADJUSTMENT PAGE FIVE JUNE 14, t976 Mr. Ampol made a motion to grant the variance, seconded by Mr. Boeltz. Chairman Aranow requested a roll call vote and Mrs. Kruse took it as follows: Mr. Boeltz - Aye Mr. Bailey - Aye Mr. Ward - Aye Mr. Thompson- Aye Mr. Ampol - Aye Mr. Gordon - Aye Mr. Aranow - Aye Motion carried 7-0. Parcel #1 - Lots 188, 189 and 190, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 25 ft. front setback requirement to 20.1 ft. existing Relief from 7.5 ft. side Setback requirement to 7.36 ft. west side setback existing To build a swimming pool Address - 304 N. W. 8th Avenue Applicant - Leroy and Mary Deale Mr. Gordon read the above application and advised the reason requested was that the house was built previously with a 20.1 ft. setback and the owner has three lots joined with ample room in the rear. Mr. Lerey Deale stated his name and his address as 304No W. 8th Avenue. ~. Ampol asked if he has owned the property since May 1969 and Mr. Deale replied: yes. Chairman Ara~ow referred to three lots ~being owned and Mr. Deale informed him that originally he bought six lots and sold three, but bought one back. Chairman Aranow clarified that the improvement wouldn't change the setback requirements on either side or the front and Mr. Deale agreed. Chairman Aranow asked when the house was built and Mr. Deale re- plied in 1969. Mr. Ward asked if the pool would conform with all so,backs and Mr. Deale replied: yes. Chairman Aranow asked if anyone desired to speak for or against this application and received no response. Mr. Ward made a motion to grant the variance, seconded by Mr. Thompson. Under discussion, Mr. Boeltz asked if Mr. Deale built this house in 1969 and Mr. Deale informed him that he had it built in 1969. ~. Boeltz referred to the old ordinance going into effect in 1962 and asked if it required a 25 ft. front set- back then an~ Mr. Thompson informed him it was 20 ft. in 1969 and was changed in the 1970's. Mr. Deale agreed it was 20 ft. MI~TES BO~D OF ADJUSTMENT PAGE $ IX JUNE 14, 1976 when it was built. Chairman Aramow then requested a roll call vote and Mrs. Kruse took it as follows: Mr. Boeltz - Aye Mr. Bailey - Aye Mr. Ward - Aye Mr. Thompson - Aye Mr. Ampol - Aye Mr. Gordom - Aye ~. Aranow - Aye Motion carried 7-0. Parcel #2 - Lot 12, Block 7, Lake Boynton Estates Recorded in Plat Book 13, Page 32 Palm Beach County Records Request - Relief from 60 ft. frontage requirement to 50 ft. frontage platted Relief from lot area requirement of 7500 sq. ft. to 6000 sq. ft. To construct single family residence Address - 880 West Ocean Avenue Applicant - Ms. Rosemarie Peterson Mr. Gordon read the above application and advised the reason re- quested was that this is a corner lot and additional land is not available. The lot is 50 x 120 ft. Ms. Rosemarie Peterson stated her name and her address as 434 S. W. 6th Avenue. Chairman Aranow passed the floor plan to the members of the Board for their review. He questioned whether the correct address was 880 or 748 and the members discussed the location. Chairman Aranow suggested considering the property on the basis of the survey stating the southeast corner of Ocean Avenue and S. W. 8th Street. Chairman Aranow referred to the lot being 50 x 120 ft. and asked if it could have been built on prior to the zoning change and Mr. Bailey informed him that in the R-1 zone, it could not have been built on but could have been built on in the R-2 zone as a single family residence. He doesn't know what the previous zoning was. Chairman Aramow referred to the contract being subject to the variance being granted and pointed out that they must consider whether a hardship rmns with the land or the seller. Ms. Peterson gave him a copy of the minutes from the Board of Ad- justment meeting on August 26, 1974, and he read where an appli- cation was made for relief from 60 ft. frontage. He added that he thinks-they have also ruled on the question of lots of this size in that people wo~ld have th~ right to build on it provided all setback requirements are complied with. If that can be done, MINU~ BOARD OF ADJUSTMENT PAGE SEVEN JUNE 14, 1976 he believes this is the same type of application. Mr. Thompsom asked if it met all requirements and~. Peterson replied: yes. Mr. Ward asked if Mr. Howell could confirm this and ~M. Howell replied that he had mot seen the plam, but does believe that under the State Law, if they own the lot and meet the setbacks, it must be allowed. Mr. Ward suggested stiPUlating this in the motion. Mr. Thompsom them referred, te the way the building would be setting and the setbacks required. They discussed this and reviewed the plan further and notedl the house was 26 x 52 ft. Chairman Aranow asked)~if any people present were for or against this application and ascertained that three people present were in opposition. ~s. Bertha Hartley stated her name and referred to sending a letter to the Board. She informed the members that she owns the adjoining property and would be willing to sell 10 ft. to Ms. Peterson. She referred to the application stating it was a hardship because no property was available, but she and her miece own 150 ft. next to it. Mr. Gordon read her letter dated June 3 protesting the granting of this variance. Mx. Clifford Keatts stated his name and his address as 115 N. W. 8th Street. He informed the Board that he owns property on 8th St. and Ocean Avenue and doesn't want any more houses built on small lots in this area. He owns five lots. Mr. Gordon then read a mailgram received from Patricia Halvickson, 4501N. 31st Street, Phoenix, Arizona, sent to Mrs. Padgett stat- ing her objection to Ms. Peterson's application. Mr. Ward questioned the requirements in R-lA and Mr. Howell in- formed him it was 60 ft. ~. Ward referred to having one more reading on the ordinance which puts these non-conforming lots into a conforming situation. Mr. Howell informed him that this ordinance would allow an existing residence which does not con- form to existing setbacks to be built onto, as long as the addi- tion conforms to existing setbacks. Mr. Ward clarified that it had nothing to do with non-conforming lots and Mr. Howell agreed. Mr. Ward referred to having 50 or 60 ft. lots where 75 ft. front- age was required and aske~ if they could use them and Mr. Howell replied that he believed there was a State Law, but he would have to research it. He believes if a present owner owns a 50 ft. lot and the existing subdivision is rezoned and it is made non- conforming, they cannOt refuse to issue a permit to the existing owner. Mr. Ward referred to the possibility of Ms. Peterson buying more footage to make this lot conforming and Chairman Aranow asked if she had inquired about this from Mrs. Har~ley and Ms. Peterson replied: no. Chairman Aranow asked if she wanted an opportunity to speak to Mrs. Hartley about it and Ms. Peterson replied that she did not want to add to the expense right now, but it was good to know it was available for the future. Mr. Boeltz asked MI~TES BOARD OF ADJUSTMENT PAGE EIGHT JUNE 14, 1976 if she could afford the 10 additional feet and MB. Peterson re- plied that she didn't believe so as it is a septic tank situation and she must consider that cos~. Mr. Ward asked how many objections had been submitted and M~s. Kruse informed him that two had been made by people in the audi- ence and one written had been received. Mr. Bailey clarified that the purpose of the new zoning was to upgrade Boynton Beach. Normally if they had the owner of the property asking to build himself, it would be a different situa- tion. However, in this case there is the opportunity to bring the lot up to standard with a person willing to go along with selling an additional 10 ft. By adding this 10 ft., it would bring the property up to standard. He thinks it would be ob- jectionable to having a house placed on this lot. Mr. Ampol asked Ms. Peterson if she desired to have this tabled to have the opportunity to possibly negotiate with Mrs. Hartley and M~. Peterson informed him that ~s. Hartley has contacted her and she is aware of What she wants for the property, But she cannot afford it. She would like the Board to make a deci- sion tonight whether she can have a house built on this lot. Chairman Aranow referred to the statement on the application and stated he thought Ms. Peterson had not contacted ~s. Hartley and Ms. Peterson informed him that Mrs. Hartley had just con- tacted her on Friday. Mrs. Hartley added that she saw the Lam- bert sign and got in touch with them. ~. Bailey made a motion to deny the variance and Chairman Aranow seconded the motion for the purpose of having a vote on the ques- tion. He then requested a roll call vote an~ Mrs. Kruse took it as follows: Mr. Boelt~ - No Mr. Bailey - Aye M~. ~ard - No Mr. Thompson- No Mr. Ampot - No M~. Gordon - No M~. Aranow - No Motion failed 6-1. Mr. Gordon made a motion to grant the variance, seconded by Mr. ~mpol. Under discussion, Chairman Aranow suggested including in the motion the fact if the application is granted, it must con- form to all the present setback restrictions under the present zoning. Mr. Gordon agreed to include it. Mr. Bailey referred to the house not fitting with meeting the requirements and Chair- man Aranow informed him that the house was 26 x 52 ft. a~d would comply with all setback requirements. Mr. Howell added that there would be more than enough room with facing Ocean Avenue. G~airman MINUTES BOARD OF ADJUSTMENT PAGE NINE JUNE 14, 1976 Ara~ow stated that if it must comply with all the setback re- quirements, front, rear and each side, according to the new zoning restrictions, it should be sufficient to cover it. Mr. Howell suggested looking at the zoning map and noted that all the lots face the same way. Mrs. Nartley referred to it being a hardship case and Chairman Aranow informed her that they had heard her statement and will take it into consideration. ~. Ampol added that if Ms. Peterson could not afford the additional 10 ft., it possibly would be considered a hardship case, Chair- man Aranow then requested a roll call vote on the motion and Mrs. Kruse took it as follows: Mr. Boeltz - Yes Mr. Bailey - No Mr. Ward - Ne Mr. Thompson - Ne Mr. Ampol - Yes Mr, Gordon - Yes Mr. Aranow - Yes Motion carriea 4-3. Parcel #4 - Lot 19, Seaway Terrace Recorded in Plat Book23, Page Palm Beach County Records Request - Relief from 25 ft. front setback require- ment to 24.85 ft. setback existing Relief from 25 ft. rear setback require- ment to 20.12 ft. rear setback existing To build a 2nd floor over garage - not to Be used for residential or commercial Address - 205 S. E. 21st Avenue Applicant - Charles P. Smith Mr. Gordon read the above application. Mr. Charles P. Smith stated his name and his address as 205 S. E. 21st Avenue. Mr. Boeltz referred to the mse not being residential or commercial and questioned what he was going to use it for and Mr. Smith informed him it would be strictly for personal storage. Mr. Howell added that an access building is allowed. He has re- searched this. This is duplex property and has a single family residence on it which does not conform to the present setbacks by a few feet. He also explained how there was a conflict be- tween the building code and fire code. Chairman Aranow asked if amyone present was for or against this application and received no response. Mr. Ampol made a motion to grant the variance, seconded by Mr. Thompson. Chairman Aranow requested a roll call vote and Mrs. Kruse took it as follows: MINUTES BOARD OF ADJUSTMENT PAGE TEN JUNE 14, 1 976 ~M. Boeltz - Yes Mr. Bailey - Yes Mr. Ward - Yes Mr, Thompson - Yes Mr. Ampol - Yes Mr. Gordon - Yes Mr. Aranow .- Yes Motion carried 7-0. O,!d Bus'ess Antonio Ferazzoli Chairman Aranow ascertained that N~. Ferazzoli was present now. Mr. Gordon informed Mr. Ferazzoli that they had go~e over the research and were looking for a deed. Mr. Ferazzoli informed him that he did not have the deed with him. Mr. Bailey made a motion to grant the application pending prQof of ownership being submitted to the BuiLding Department. Mr. Ward seconded the motion. Chairman Ara~ow requested a roll call vote and Mrs. Kruse took it as follows: Mr. Boeltz - Yes Mr. Bailey - Yes Mr. Ward - Yes Mr. Thompson - Yes Mr. Ampol - Yes Mr. Gordon - Yes Mr. Aranow - Yes Motion carried 7-0. Arthur H. Nelson Chairman Aranow ascertained that Mr. Nelson still was not present at this time. Mr. Bailey made a motion to table this application and ~otify Mr, Nelson by mail that this will be on the agenda for the next meet- ing and if he would like to have it resolved he should be present at the next meeting or it will be dismdssed. Mr. Gordon seconded the motion. Mr. Howell asked when the next meeting would be and Mr. Gordon replied: July 12. Mr. Howellreferred to the non-con- forming ordinance becoming law on July 16 and Chairman Aranow suggested possibly amending the motion and tabling it until Aug- ust. Mr. Bailey withdrew his motion. Chairman Aranow again suggested tabling this application until August and Mr. Ward suggested including in the notice that if he prefers, he can wait until July 16 and would not have to come MINUTES BO~MD OF ADJUST~NT PAGE ELEVEN JUNE 14, 1976 before the Board. Chairman Aranow pointed out that this was anticipating something and if they table it and it happens, N~o Nelson does not have to supply a survey. ~. Howell in- formed him that a survey must be submitted to obtain a permit. Mr. Bailey explained his reason for making the motion was jmst to extend the courtesy in case N~. Nelson was unable to attend tonight. Mr. Ampol remarked that probably he was not concerned or would have notified the Board. Chairman Aranow suggested giving him the benefit of the doubt. Mr. Bailey again made a motion to table this application and notify Mr. Nelson by mail that this will be on the agenda for the next meeting and if he would like to have it resolved, he should ben,present at the next meeting or it will be dismissed. Mr. Gordon seconded the motion. Motion carried 7-0. Other Chairman Aranow referred to the Ad-Hoc Committee formed to vestigate the five applications made to the Board of Adjustment an~ withdrawn, etc. He informed the Board that the Committee has met on two ecc~ions. The last time, they met with the City Attorney because some questions were raised about their proce- dure, etc. He wanted the Board to know the Committee has not forgotten about it and it will be taken care of in due course. He expects a letter from the City Attorney within the next day or two advising how they can proceed. Chairman Aranow referred to the second reading of the ordinance on non-conforming uses. He referred to the situation at Village Royale on the Green and how this ordinance wouldn't do them or any other condominium any good in the event that fire destroyed a building. He referred to the a~sessed valuation stated in the ordinance and if they were not given permission to rebuild, the ordinance would not be of any help to them. They want to submit some kind of amendment to cover people in that particular situa- tion. Mr. Howell informed him that this basically applied to commercial and residential buildings that were built toe close to the property line without proper setbacks. He further re- ferred to there being so much involved in the~situation Chairman Aranow mentioned that he thought it would be a problem for this Board to decide. Mr. Boeltz explained how use must also be con- sidered. Mr. Howell continued with explaining how a law must be uniform. He added that his decision comld be contested and there was the right to appear before the Board of Appeals. Chairman Aranow questioned if this meant a unit owner could request that an entire building be rebuilt and Mr. Howell referred to the buildings being conforming, but there were other violations. Chairma~ Aranow referred to Building #7 being built on the City right-of-way and this was discussed further. Mr. Nowell ex- plained how the City considered a condominium development as a development in itself. Chairma~Armnow stressed that if a building is destroyed up to 80 or 85%~of the actual value of MINUTES PAGE TWELVE BOARD OF ADJUSTMENT ~~14, 1976 the building, they shoul~ have the right to rebuild it, but with the ordinance, they ca~ot. The effect of this ordinance was discussed further. Adjournment Mr. Bailey made a motion to adjourn, seconded by Mr. Beeltz. Motion carried 7-0 and the meeting was properly adjoined at 8:40 Po M. Respectfmlly submitted, Suzanne Kruse Recording Secretary (Two Tapes)