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Minutes 09-08-75MINUTES OF ~HF. BOARD OF ADJUST?~NT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEmbER 8, 1975 AT 7:00 P.M. PRESENT Foy Ward, Chairman Alvin C. Boeltz, Vice Chairman Robert Gordon Vermon Thompson, Jr. Derle B. Bailey Walter B. Rutter, Alternate Carl Zimmerman, Alternate ABSENT David W. Healy, Secretary.. Joseph Aranow~(Excused) Len $chmidt, Acting Chief Bldg. Insp. Chairman Ward called the meeting to order at 7:05 P. M. and introduced P~s. Kruse, Mr. Schmidt and the members of the Board. MINUTES Minutes of July 14, 1.975 The Minutes of July 14 were read. ~. Gordon made a motion to accept the minutes as presented, seconded by M~. Thompson. Motion carried unanimously, with Mr. Zimmerman abstaining since he was not a member of the Board at that time. Minutes of Au_g~t~l, 1975 The Minutes of August 11 were read. Mr. Boeltz referred to Page 3 where M~. Thompson made a motion to adjourn the meet- ing and he seconded. He informed the Board that he could not second this motion being acting chairman, plus there should not have been a motion as this was actually a discus- sion and not a meeting since they did not have a quorum. Mr. Thompson agreed and withdrew his motion and ~M. Boeltz withdrew his second. OLD BUSINESS Parcel #I - Relief from 8 ft. rear setback requirement to 5.1 ft. rear setback to construct pool Lot 14, Block 13, Golf View Harbour, 2nd Section Recorded in Plat Book 27, Page 46 Palm Beach County Records Address - ~301S. W. 27th Avenue Applicants - Edward and Bette McEvoy hiNUTES BO~MD OF ADJUSTmeNT Acting assecretary, Mr. Thompson read a memo from Mr. Bushnell to Mr. Kohl dated September 8, 1975, advising in reviewing this property, it indicates no variance is needed because a var~Lance of 4.9 ft. was granted on June 14, 1971. He requested the City Clerk to reEund the application fee. M~. Boeltz added that the new regulations allowed a pool to be constructed back to 3 ft. Mr. Thompson also read a memo from the City Clerk submitting the deed and survey for this property. Chairman Ward acknowledged receipt of this correspondence ~d no action is required by the Board on this application. Parcel #2 - Relief from 8,000 sq. ft. lot size requirement to 7,875 sq~ ft. lot size, as platted. Relief from 10 ft. side yard setback requirement to 8 ft. set- back on east side to construct a residence. Lot 10, Block 24, Golf View Harbour, 2nd Section Recorded in Plat Book 27, ~ge 47 Palm Beach County Records Address - 1230 S. W. 25th W~ Applicant - Courtney C. Eversley Parcel #3 - Relief from 8,000 sq. ft. lot size requirement to 7,875 sqo ft. lot size, as platted. Relief from 10 ft. side yard setback requirement to 9.3 ft. on one side and 9.4~ft. on the other side to con- struct a residence. Lot 11, Block 24, Golf View Harbour, 2nd Section Recorded in ~at Book 27, Page 47 Palm Beach County Records Address - 1220 S. W. 25th Way Applicants - Wendell L. & Debra S. D~gins Parcel #4 - Lot 24, Block 19, Golf View Harbour, 2nd Section Re~orded in Plat Book 27, Page 47 Palm Beach County Records Request - Relief from minimum lot area requirement ef 8,000 sq. ft. to 7,644 sq. fto platted Use - To construct a residence Address - 2518 S. W. 12th Street Applicant - Snow Realty & Construction, Inc. Parcel #5 - Lot 9, Block 3, Seacrest Hills Recorded in Plat Book 25, Page 74 Palm Beach County Records Request - Relief from 8,000 sq. ft. lot area re- quirement to 7,890 sq. ft. platted. Relief from 10 ft. side setback requirement to 7 ft, side setback. Use - To construct 2 bedroom home Address - 2714 S. W. 6th Street Applicant - Young & Waldie, Contractors MINUTES BOARD OF AD~ST?ENT PAGE THREE SEPTEmbER 8, 1975 Parcel #6 - Let 8, Coquina Cove Recorded in Plat Book 24, Page 14 Palm Beach Co~ty Records Request - Relief from.10 ft. side setback require- ment to construct addltional bedroom with 7 ft. setback which will conform to existing side set- back of home, Relief from 8,000 sq. ft. lot area requirement to 7,350 sq. ft,. platted, Address - 725 Ocean Inlet Drive Applicant - Robert C. Scott Mr. Thompson read a memo to the Finance Director from the City Manager requesting that a refund check be issued to each of the five applicants above, These cases have bee~ removed from the agenda for the Board of Adjustment and have been taken care of administratively hyMr. Kohl. Chairman Ward i~formed the Board that two of these were tabled and th~e were not acted on. Mr. Boeltz questioned why Mr. ~ Scgt~ ~as g~~.perm~t when his property is not conf~rming~f~~ a~m~~a~ ~come before the Board? Chairman Ward re-~~'-~ plied that ~e could not answer this and no other response was given. Chairman Ward acknoWledged receipt of this correspon- dence and no action is required by the Board of Adjustment.on these applications. Parcel #7 - Lot 23, Block 12, Golf View Harbour, 2nd Section Recorded in Plat Book 27, Page 46 Palm Beach County Records Request- Relief from 8 ft. rear setback require- ment to erect screen enclosure of pool 6 ft. from rear lot line. Address - 1311S. W. 27th Place Applicant- Ted F. Sorg Mr. Thompson made a motion to remove this application from the table, seconded by Mr. Rutter. Motion carried 7-0. Chairman Ward informed the members that this could be granted provided they will cut the pool down. He called M~s. Sorg this afternoon and told her they would be willing to consider it, if they would consider a smaller pool. She replied that they would not be opposed to having a smaller pool. Permis- sion could be granted providing Building Department require- ments are met. He explained that the present setback was 22 ft. 6 in. to the property line, less a 6 ft. easement. To build a t4 ft. wide pool as requested, it would be on the easement. All pools are required to have a 3 ft. walk around the perimeter of the pool. A 10 ft. 6 in. wide pool would be allowed, which will be 3 ft. from the house and 3 ft. from the back and will be right at the easement line with the screen enclosure. MI~TES BOARD OF ADJUST?~NT PAGE FOgR E. ~E.,~ER 8, 1975 Mr. Gordon questioned if this was requested per doctor's or~s andlChairman Ward replied: yes, but they were not notified of this until after the meeting. ~. Thompson asked if alvariance was required to go back to 6 ft. with the screen ienclosure and Chairm~Ward reolied: no, they could go tO the easement line without a v~riance with the screen. ~. Schmidt agreed and added that it did not count as a structure as long as it did not have a solid roof. The members discuSSed how the new regulations allowed putting fences and iscreen enclosures right on property lines. Mr. Rutter asked why this was before the Board and ~. Schmidt informed him that it was refused by the Building Department because thei house is non-conforming with only having a 23 ft. setback. Cihairman Ward added that they applied for a 14 ft. wide pool, ~hich will go into the easement. Mr. Bailey imade a motion to grant this variance providing the pool co~forms to Building Department setba¢~and pool regulationsl. Mr. Gordon seconded the motion. Motion car- ried 6-1, wiithMr. Rutter voting against. Mr. Thompson read a letter of resignation received from Mr. White. Mr. Thompson then read a letter from Mr. Kelly to Mr. Kohl inform~g~.him that as a result w~h his meeting with Mr. Simon, Mr. Smoot and Mr. Bushnell, they proposed the follow- ing: 1. Change the R-I~ zone side setbacks from 10 ft. to 7.5 ft. 2. Change the R-1AA zone lot requirement from 8,000 sq. ft. to 7,500 sq. ft. 3. Change Laurel Hills from R-1AA to R-lA. 4, Change Glen Arbor from R-1AA to R-1Ao These will be considered by the Planning & Zoning Board with recommendations to be made to the City Council. Chairman Ward acknowledged receiot of this letter of recom- mendations. - Parcel #8 - Addition on residence which is 1presently non- conforming. Lot 20, Block 20, Rolling Green Ridge, 1st Addn. Recorded in Plat Book 24, Page 223 Palm Beach County Records Address - 237 N. W. 28th Avenue Applicant - Randolph W. Wright MINUTES BO~ARD ~VF ADJUST~NT PAGE FIVE SEPTE~BER 8, !975 Mr. Bailey stated he was a property owner in this neighbor- hood and would like to abstain. He requested to be excused from the meeting, since it was the last item for considera- tion. ~. Rutter made a motion to take this application off the table, seconded by Mr. Thompson. Motion carried 6-0. Mr. Thompson then read the above application and stated it was requested because he purchased the home on December 4, 1973 with the non-conformity and was not aware of it. He would like to construct a garage to protect things from be- ing ~olen. ~. Wright stated his name and address. Chairman Ward re- ferred to the survey and statement on the application that there would be 25 ft. in front and he pointed out that he could only get 19 ft. Mr. Wright informed him that he mea- sured from the corner of the house and from the sidewalk and got 26 ft. Chairman Ward explained how he calculated 19 ft. Chairman Ward added that a certified survey would be required in the future and also that this would be adding non-conform- ing to non-conforming. ~'~. Thompson suggested constructing the garage on the side and Mr. Wright explained his plans and also other improve- ments he has made to the house. Mr. Rutter clarified that the suggestion was to move the garage to the south approxi- mately 6 ft. and ~.~. Wright informed him that he would move it I2 ft. I~. Rutter replied that it must conferm to the setback. I~. Thompson then read the minutes from the original hear- ing and the objections given at that time. Mr. Rutter asked if he was complying with the local ordinances in regards to repai~ing vehicles and Mr. Wright replied that he had been repating his personal bikes and now that he knows how the neighbors feel, he is selling his bikes. Mr. Rutter asked if the neighbors notified the police and ~. Wright replied that he had never had police come to the house. He needs a garage for storage. He has received complaintsd that his yard is a mess and it is and he needs a garage for storage. Mr. Gordon asked if it was going to be used for commercial use and Mr. Wright replied: no, he is re-modeling the house to se~l or rent it and he is also selling his three motor- cycles and boat. He plans to move to North Carolina. ~. Schmidt questioned if he planned to continue this as a hobby and ~. Wright replied: yes and he would have a garage now to do it in. Mr. Schmidt remarked that this might be objec- tionable to the neighbors and Mr. Wright told about his hobby with antique cars. !NUTES BOARD OF ADJUSTmeNT PAGE MIX SEPTEMBER 8, 1975 Mr. Thompson stated that if the property at present is being misused and it has not been reported, hE does not think they should object. The Board cannot deny a variance if it falls within the setback. People must have these things taken care of by the police department. Mr. Boeltz added that he would have to have an occuoational license te repair cars. Mr. Rutter agreed that i~ would be Up to the people in the neigh- borhood ~o register complants to the police. ~ir. Wright said if theyihad told him, he would have taken care of it. Mr. Zimmerman asked for clarification of the variancemow requested and Chairman'Ward informed him that he must comply with setbac~ if he is granted a variance to buil~. The Board must act since he desires to add to a non-conforming building. ~ Mr. Rutter made a motion that the variance be granted pro- vided a new Plan is submitted showing that the garage will comply to Building Department regulations. Mr. Gordon seconded the motion. Under discussion, ~. $chmidt informed them that a certified survey was required. Mr. Boeltz added that it should be stipulated that it could not be used for commercial use and Mr. Rutter replied that they couldn,t police these Places. Motion carried 6-0. Mr. Wright asked for clarification and Mr. Schmidt informed him that he must have a certified survey showing where the building is acltually going, drawn to scale, and showing how far it will be! from each side. The side setbacks must be given on each Side and the Building Department can determine if it is being! placed in the right place. Mr. Wright replied that he would bring in two sets of plans. ADJOURNmeNT ~. Rutter made a motion to adjourn, seconded by ~ir. Zimmerman. Motion carried 6-0 and the meeting was properly adjourned at 8-1o ~. ~. .