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Minutes 12-08-75 ~LZ~ ~.. ADJUST~A~T ~ETING HELD AT CITY H~ZLL, BOY~'~T,,~,N BEAcon, , ~.OY~DA~, ~o~ 8, 1975 AT 7:00 P.M. PPSSE~'~T Foy Ward, Chairman Alvin C. Boeltz, Vice Chairman David W. Healy~ Secretary Robert Gordon Joseph Aranow Derle B. Bailey Walter Rutter, Alternate Carl Zimmerman, Alternate ABSENT Vernon Thompson, Jr. (Excused) Chairman Ward called the meeting to order at 7:00 P. M. and introduced the Recording Secretary and Board Members. MINUTES The Minutes of November 24, 1975, were read. M~. Boeltz re- ferred to Page 6, fifth paragraph, and stated it should be when this ordinance was passed, he talked to the ~'City Council" when the south section re-zoning took place, instead of to the Planning & Zoning Board. He then referred to Page 7, second paragraph, ~a~t line, which should state you cannot take the "main~? use of a man's property away from him. ?~. Heaiy moved to accept the minutes as corrected, seconded by M~. Gordon. Motion carried 7-0. Parcel #1 _ Lot 30, Harbor Estates Recorded in Plat Book 21, Page 98 l~alm Beach County Records Relief from 25 ft. rear setback requirement to 5 ft. rear setback. To construct residence. Address: 644 South Road Applicant: DeMarco & Sons, Inc. Representing Edmond E. and Jeanne M. Zaidan & Ric S. Mendelson, Owners Mr. Healy read the above application and stated the reason requested is that the lot has depth to build a aleaole home~ The lot is 100 x 80 fto He s ' ~!enty of width, but not enough noted that proof of ownershio by a deed and a survey were at- tached He then read a !ett~r ' x~om the owner to the Cmuy of Boynton Beach introducing DeMarco~& Sons, Inc., who w~$1 act as their agent in obtaining a variance for their Lot Harbor Estates, on which property they plan on having DeMarco & Sons,, !nc. construct their new home. BOARD OF ADJUST?~NT PAGE ~¥O DECE~ER 8, 1975 Mr. Bob DeMarco stated his name and his address as Belair Drive, Hmghlanm Beach. M~r. Rutter questioned what he meant by building a saleable home and Mr DeMarco replied that he meant ~ nytnzng of decent resale value. Mm. Rutter pointed out that this was quite a variance and questioned if the house ouzdn,t be scaled down and Mr. DeMarco replied that if it was cut down, it would destroy the design. ~. Rutter remarked that you could Just do so much with a vacant lot and it was a big house for a small oiece of property. Mr. DeMarco informed ne~ that the lot~ was unusual because it backs up to a l~ge tract of ' ac_eage with a canal and alleyway in the rear. ~. Rutter stated that no neighbors in the rear would be affected then. ~. BoeltZ asked what the pavement was in the rear and Mr. DeMarco replied that he didn,t know. He continued stat~ag that several homes had. been granted variances with 5 ft. in the rear and Chairman Ward informed them that they were fUr- ther east and Mr. Boeltz added that only 10 ft. variances had been granted. ~. Gordon asked the square footage of the liv- ing area and Mr. DeM ~ ~ a~co informed him it was about 1600 sq. ft. Mr. Aranow referred to the deed submitted stating Lot 30 and additional footage of Lots 42 and 43 and questioned the rela- tionship of these lots to Lot 30? Mr. DeMarco informed him that this add~t~ ~- -onal olece was located a block away on the canal and explained h~w this gave them water rights to the canal. Mm. Aranow referred to the property being purchased in December, ~972, and being Durchased by three people and questioned if '~ ~ - ' - ~neoe three~eop!e 'olanned to live in this house and M~~ D ~ · ~eMarco replied that the owners were present and he could ask them. ~. Aranow replied that he woul~ talk to them after ~. DeMarco was finished. Mr. Gordon referred to the saleable statement and asked if he had a signed contract an~ ~. DeMarco informed him that he does na~e a contract subject to obtaining a variance. Mr. Bailey asked if he had a site plan and M~. DeMarco stated that he had submitted one. M~. Bailey pointed out that his was not legi- ble. M~. Boeitz asked what the side setbacks were and ~. DeMarco informed him that 10 ft. was required, but they Will have quite a bit more Mr. Boeltz as~e~ if he could make the house io~ and ~. DeMarco informed him that it would sooil the design and would look like a railroad car. Mr. Baile~ stated that it would have been helpful if they had a set of plans. He asked what the front setback was and M~ D - · eMar~ o ..... · ~'. ~am~ey asked if he h~d ~o~ .... ~ _~ ~ ......... ~u any houses in the neighborhood and ~. DeMarco replied that two or three had MIl~i UTsS BOARD OF ADJUSTmeNT DECsHBER 8, ~ 975 gotten variances in the rear. Mr. Rutter asked what would be located in ,~ ~n~s 20 '~ · ~. part of the house and M~. DeMarco in- formed him that most would be a screened patio and 75 ft for a family room. Chairman w-~ · ~a_~ remarked that it would be adv~- tageous to have a plan to check this. Chairman Ward asked if anyone present was in favor of this variance. P~. Aldo Barba stated his name and his address as 660 North Road. ~. Rutter asked where he lived in relation to this property and Mr. Barba replied that he lived across the street on the canal. M~. Bailey asked if there was ~ay reason why he was in favor and M~. Ba~ba informed '~ - - n~m that this lot is an eyesore with trash dumped on it and they will be improving it. This is a good builder and he is in favor of it. Mr. Rutter asked if they could build a smaller house and M~ Barba re- !~e~ t~t n? ~el~eved they neemed room ~ ~ _ _ · o~ a la~ge fam~iy. ~!-~r. Mealy Oomn~ed out that the building of this h~use would not ~' ~ ' a~fect him in any way and Mr. Barba replied that they owned the water front lot next to him and he knows they will fix it up. ~. Healy then read a letter from ~. & M2rs. V. Morningstar dated December I, stating as far as tne~ are concerned, it is okay to allow the variance to the rear setback as long as they conform with the front setback in line with the rest of the homes. They hope this will be a single residence and not a duplex due to double owners~ which they would not agree to. Chairman ~fard then requested the owners to appear before the Board. 3@. Edmond Zaidan stated his name and introduced his wife, Jeanne, and his son, Ric Mendetson. He informed the Board that they planned to build a single family residence and not a dup~e~, f~s. Zaidan ado.~d that Ric Mendeison was her son, but had a different name. Mm. Aranow asked if there had been any change in the size of their -,ammly in the last three years and !~. Zaidan replied: no. }~. Aranow noted that when they ~urcha~ed the 'oroperty, they lived in Pearl ~.~er, New York, and asked, where they lived now and Mr. .~amman replied that they now live at 3t40 N. E. 5th Avenue, Boca Raton, in an efficiency apartment and have since Octo- ber 23 waiting to build this house. Mr. Aranow asked if he had any desire of selling this 'oroperty and ~r. Zaidan re.plied: no. Hr. Aranow asked if it was solely for his own use and ~r. Zaidan replied: yes. Mr. Aranow asked how many rooms and P~ Zaidan ~e~i~ ~ ~ ' ~ ~ ~: tnzee bedrooms, living room, kitchen, screened porch and family room. Mm. Aranow asked if he would have any objections to turning it around and building the same house and Mr. Zaidan replied: yes, it would not look right. MINITES BOARs {DF ADJUST}~SNT P~%GE POUR DECEN~ER 8, 1 975 He continued that Mr. DeMarco has built a home like theirs and if it is built sideways, the bedrooms would be next to the road, garage would be the other way, etc. Mr. Aranow replied that there were many houses turned around like this a~_a referred to condominiums. Mr. DeMarco added that the house was 50 ft. deep and 55 ft. wide and if they turned it around, it would not fit in the setbacks. M~. Aranow referred to the Sketch ~.ubm~ed and M~. DeMarco pointed out how it would not fit. }f~L~. Healy asked if it inclUded the garage and }~. DeMarco replied that it did, but he forgot and it is act- ually 65 ft. wide. The basic house is 55 ft and the two car garage makes it 65 ft. ' Mrs. Zaidan ~nformem the Board tha~ they needed 1500 sq. ft to meet the ~'~ · zonm_~g requirements and to get 1500 sq. ft., they would have a r~m~road house. She would have been satisfied with a smaller house. Mr. Boeitz asked if most were built like that and ~s. Zaidan replied: no, most were built when the zoning requirements were 1200 sq. ft. However, now ~500 sq. ft. is required and it is difficult to do. The City wants 1500 sq. ft. on a crazy lot. M~. Healy clarified that it was ~250 sq. ft. until the zoning change in June. PPs. Zaidan stated again that she would not like a railroad type house and PP. DeMarco added that it would not be saleable. ~. Boeltz stated that saleable is not a hardship and they should have s ~ ~ey could not meet the 1500 ta~ed on the application that sq. footage requirement. ~s. Zaidan r~l~ed that they may not have worded it right, but this is the~problem. M~. Gordon asked if she purchased this lot and ~s. Zaidan replied: yes, three years ago, but they didn't plan on coming down so soon, but were transferred here with their jobs' Mr. Healy asked if it was possibl~ to cut down the screened room and }~ DeMarco · rep~ed that it wouldn't help because the family room is~also there. Mr. Rutter referred to the rear of th~s lot and asked if the owner would be deprived of fresh air, sunshine, etc.~ s~d if there would be people in the rear at any time M · ~ir. Zaidan replied that he didn't be- lieve so, as there is only a small canal there. ~wk.~s,. Zaidan a~ded that the lots were very small on the. other side of the canal and there is~just a wooded area there. M~. DeMarco added that he em=evem the owner was notified with these ap- plications for variances and he did not object. Mr. Rutter asked why they picRed this lot and M=~ Zaidan replied that they ti~e this ~ ~ ' .... o~, the area~ canal, etc. ~. Healy asked if there was a street in 'the back and ?.~s. Zaidan replied that it was just like a paved ~=dewalk. Mr. Hea!y asked if there was any possible way to cut this back 2 or 3 ft. and N~. DeMarco replied that it would literally destroy the design of the house. MI~JTES BOARD OF ADJUST~!~NT PAGE FIVE · -~, 8, ~975 }~. Boeitz referred to there being lots in the rear and stated if the Building Official was oresent, this could possibly be clarified. }~. Zaidan stated-that when he purchased this lo't, he -~ ~ ~ wa~ led to understand there was just acreage back there. }~ Rutter remarked that he didn't ~hmn~ it was platted and it was locked in. ~. Bailey pointed out that there was an easement to get back in. Mrs. Zaidan stated she didn't think a road was ~ ~ mea~ to be in the rear and ~h~. Bailey sta~em that it could possibly be part of a drainage district, but there is nothing on the City map showing public access, but just a utility access of 3 ft. He noted on the map that it was ~lavtem in lots. Mr. Healy noted that it was shown as R-3 zoning in the rear P~ Bailey ~ ' ~ · · ~omntem out that the only public access would be at the southwest corner of that canal, as otnmng has been dedicated. ~hamrman Warm referred to the last application received from this area requesting a 7 ft. setback and they required a 10 ft. minimum. Mm. Bailey stated that this was a different situation. M'~'. Boeltz asked how large the screened patio would be and ~ Rutter infor.~ed him it would be 16 x 35 ft. Mr. Boeitz asked how large the roof would be and M2P. De~.~arco informed h~m that it ~nglec. from the house to ~3 ft. and pointed this out on the sketch submitted. Chairman Ward asked what the setback was on the adjacent ~ ~ houses and Mr. DeMarco replied that they were all 25 ft. Mm. Bailey added that he emmeved on the north smde, there may be some at 20 ft. Mr. DeMarco asked if they could [~ve_it forward 5 ft. a~d }~.~ Bailey reToiied that he ~ ~ m~,volved with two varia~ces then and ~. Healy added that a ~ ~ .~ ~Ould be notner notification would be required also. Chairman Ward asked if anyone in the audience objected to this application and received no response. He added that no written objections had been received, except the one read previously objecting if it was a upte~. }~. Rutter stated if there was going to be no hardship created on the other piece of property in the back, he moves to grant the variance. Mr. Gordon seconded the motion. Motion carried 5-2, with Mr. Aranow and Chairman Ward voting against. Other Business C amrman Ward informed the members that Mr. Thompson was unable to a~ ' ~tend tonight as he has a relative very seriously ill in the hospital. ADJ OURN~NT Mr. Bailey moved to adjourn, seconded by Mm. Rutter. Motion carried 7-0 and the meeting was properly o~d~ou_ned at 7:50 ~