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Minutes 07-14-75MINUTES OF THE BOARD OF ADJUSTmeNT ~ETING HELD AT CiTY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JULY 14, 1 975 AT 7:00 P. M. M~ESENT Fey Ward, Chairman Alvin C. Beeltz, Vice Chairman David W. Healy, Secretary Vernon Thompsen, Jr. Derle B. Bailey, Alternate Joseph Aranow, Alternate ABSENT Robert Gorden (Excused) John F. White, Alternate (Excused) Chairman Nard called the meeting to order at 7:10 P. M. He introduced the members ~f the Board and the Recording Secre- tary. MINUTES Minutes of May .12.~. 1975 The minutes of May 12 were read. Mr. Bailey referred to Page 6, fifth line from the top, where Mr. Boeltz stated he thought this should be chewed if all these variances were granted. Mr. Bailey stated he thought Mr. Boeltz stated this should be tabled and checked.. He then referred to the end of the first paragraph where he seconded a motion and Mr. Ward informed him that no motion was made. Mr. Boeltz clarified that he made a suggestion to table this and Mr. Bailey agreed, but no motion was made. Chairman Ward stated that possibly he misunderstood and Mr. Bailey replied that he could have. Mr. Boeltz explained further and Mr. Bailey stated he was satisfied. Chairman Ward added that the machine could verify this. P~. Thompson moved to accept the minutes as presented, seconded by Mr. Healy. Motion carried 6-0. M~nutes of June 9, 1975 The minutes of June 9 were read. Mr. Healy referred to Page 5, Paragraph 3~, and stated he had a correction in r~erence to the letter mailed to them from A1 Capparetti. It should read: "because of the Council's refusal" and not because the City Council refused. Mr. Aranow moved to adopt the minutes as corrected, seconded by ~. Thompson. Motion carried 6-0. MINUTES BOARD OF ADJUST~,NT P.~GE TWO JULY 14, 1975 ANNOUNCE~TS ~£r. Aranow requested permission to be excused for an approxi- mate five week period. He stated he would be leaving at the end of the month and explained his reasons for attending a hospital in! Boston. Chairman Ward granted permission. Chairman Ward passed around a new application form for the Board members, consideration. CORRESPONDENCE Letter from Mr. Derle Bailey Mr. Healy read a2tetter from Mr. Bailey to the Chairman of the Board of Adjustment dated July 9, 1975. It stated that at the meeting of June 9, he stated he would be sending a letter of resignation. However, he would like 'to remain as an alternate on the Board of Adjustment, Please accept this letter as an apology to Chairman War~ and all the Board mem- bers for any derogatory insinuations he may have made to him and auy Board members. Mr. Aranow clarified as he understood, at the meeting Mr. Bailey stated he was going to send a letter of resignation and he changed his mind and never sent it. Under these circumstances, he believes he retains his standing as a mem- ber of the Board. Ne suggested~ placing the letter on file and proceeding. Chairman War~ agreed and acknowledged re- ceiving the letter. Letter from Mrs. T. F. Sorg, 1311 $. W.. 27~th Place Mr. Healy read the letter from Mrs. Sorg referring to haVing applied for a variance to construct a pool on their 23 ft. lot at the May 12 meeting. Due to present conditions, they are asking the Board of Adjustment to reconsider this appli- cation. Her husband,s condition has deteriorated and become more painful, etc. His doctor is upset and feels swimming would be of a benefit. Mr. Healy then read a letter attached to ~s. Song's letter from Dr. Alfred Kennemer. The letter stated that ~. Sorg is a patient of his and has a disc d~$ease in his neck and is subject to passing out. The best '~exercise for him is swimming. He appeals for easements to be able to construct a swimming pool. Mr. Heal~ stated they still had not received a reply from ~Ir. Simon ~s to what procedure the applicant should take, whether to re-apply or make a new application. MINUTES BOARD OF ADJUSTMENT PAGE THREE JL~Y 14, 1 975 Mrs. T. F. Sorg appeared before the Board and informed the members that since writing the letter, her husband has been in and out of~ the hospital and is still in bed. As far as the non-conforming lot, when they bought the house, they did not realize it was a non-conforming lot and do not believe it should be held against them. Chairman Ward informed her that they were trying to get this resolved. The last time he talked to her, he requested her to call ¥~. Kohl. Mrs. Sorg replied that she talked to Mr. Kohl's secretary and was informed that they had not heard anything yet. Chairman Ward stated that as of this:~morning, they still did not and as soon as they do, they will advise her. Mr. Aranow suggested writing Mr. Simon a letter stating they were still waiting for an answer and enclosing copies of these letters with it. Mr. Thompson stated he didn't think it was the Board's responsibility whether it came up under the old application or a new one. From his understand- ing, it must be cleared By the City Attorney and they must wait for his ruling whether she must submit a new application or re-file. Chairman Ward informed them that the City AStor- ney was aware of this. He has been called by Mayor RoBerts, Mr. Kohl and the Building Official. Mrs. Sorg asked if it was his usual procedure to take so long to answer a question and Chairman Ward replied that he really couldn't say. Mr. Healy stated that if they didn't take any action, the appli- cation was still in force. Chairman Ward stated that they must have advice before taking action. Mrs. $org asked why they must go through the long wait of sending out letters, etc. with a new application? Chairman Ward stated they realized this, but could not act without the advice of the City Attorney. They can appreciate the time they have[zhad to wait and also the possible added ex- pense if they have to re-file if it is treated as a new one. M~s. Sorg asked if she could call the lawyer and Chairman Ward suggested that she use her own judgement. Mrs. Sorg pointed out that this has been over two months. I~. Boeltz stated that if the ~dctor's letter had been submitted with her original application, more consideration may have been given to it. Mr. Thompson stated they still would not have been able to act with it being non-conforming. Mrs. Sorg stated they were not aware of this and neither was the builder. The building inspector was at fault with not noting it was too close to the line than it should have been. Mr. Bailey stated he didn't think it was tabled. Chairman Ward informed him that they just could not take action, as they could not vote on a non-conforming structure. ~. Aranow stated he thought they denied the application due to the fact they could not vote on it. Mrs. Sorg remarked that it still went back to the building inspector being at fault. MINUTES EO.ARD OF ADJUSTMENT PAGE FOUR JULY 14, 1975 Mr. Bailey explained that the Board was in a difficult situ- ation as they are appointed to do certain things, but cannot act until the red tape has been taken care of. Mr. Thompson suggested that she contact the City Clerk, as she may possi- bly get a quicker answer. Mrs. Sorg replied that she spoke to her this afternoon. Chairman Ward requested Mr. Healy to read a letter regarding their rulings. Mr. Healy read a letter from Vice Mayor David Roberts dated July, 1974, outlining their procedures in regards to non-conforming buildings and uses. Chairman Ward added that this was the legal opinion from the City Attorney to Vice Mayor Roberts. Mrs. Sorg asked if the builders were allowed to build non- conforming structures and Chairman Ward informed her that this would have to be answered by the Building Official and he is not present tonight. Mr. Healy suggested that she check with the Building Department when the building was built and possibly a variance was issued then. Mrs. Sorg advised him that this had been checked and no variance was issued. Chairman Ward suggested that she check with Mrs. Padgett, Mayor Roberts or Mr. Kohl and have them call the City Attorney. Mr. Thompson made a motion that the letters from Mrs. $org and Dr. Kennemer be placed on record~ ~. Healy seconded the motion. Motion carried 6-0. PUBLIC HEARING Chairman Ward announced they were faced with the same situa- tion with the four applications on the agenda and each one being in regard to a non-conforming situation. At the present time, they are waiting for legal advice of what to do with non-conforming lots. They will have many with the lot sizes being changed in the new zoning regulations. He believes the 'City Council is going to meet with the Planning & Zoning Board to try to get this resolved. He knows this will pro- bably disappoint some present. However, if they vote on it, there is a chance it will be turned down; but if they table it, there is a possibility that the Planning & Zoning Board will approve 75 ft. lots. They are short about 3 or 4 sheets out of the book of what they can go on and the City Attorney has not given them to the Board. Mayor Roberts advised him that it would be before the City Council tomorrow night to meet with the Planning & Zoning Board about these lots. M~TES BOARD OF ADJUSTmeNT P~_GE FIVE JULY 14, 1975 Parcel #1 - Relief from 8 ft. rear setback requirement to 5.1 ft. rear setback to construct pool. Lot t4, Block 13, Golfview Harbour, 2nd Section Recorded in Plat Book 27, Page 46 Palm Beach County Records Address- 1301S. W. 27th Avenue Applicants - Edward and Bette McCoy Mr. Healy read the above application and advised it was re- quested as the conditions peculiar to this property are not a result of the applicant. Mrs. Be~te McEvoy stated her name and her address as 1301 $. W. ~7th Avenue. She informed the Board that she didn't believe her lot was non-conforming as a variance was taken out by Milnor Corp. Mr. Boeltz informed her that a variance was given because it was non-conforming. The members checked the survey and M~. Boeltz remarked that this would be adding non-conforming to non-conforming. Mr. Healy asked if there had been any additions made to this home since !971 and Mrs. McEvoy replied: no. Mr. Healy noted that the survey was four years old and Chairman Ward added that a eurrent survey was required. Mr. Bailey questioned if they could not act on this because it was non-conforming and Chairman ~ard informed him that they didn,t have anything from the City Attorney as to what they were going to act on after June, 1975. Mr. Bailey moved to table this application, seconded by Mr. Thompson. Motion carried 6-0. Mrs. McEvoy referred to Mrs. Sorg not having a variance on her property. She informed the Board that she has been here for hours on end at City Hall and now comes tonight to find they are going to table it. A variance was granted to ~. Michaels for all the lots on this canal. There is a variance on this lot. She does not understand why she is still non- conforming, iif the variance was granted. Chairman ~ard ex- plained that the variance was granted because the setback was violated and the building is non-conforming. Nrs. McEvoy asked why t~ey didn't tell her this before she went through all this? ~ll she wantsiis three lousy feet! She has been waiting, co~ting on this. Chairman Ward informed her that they required proof of owner- ship. Mrs. iMcEvoy informed him that the City Clerk stated it was on file- Chairman Ward added that they also needed a current survey. Mrs. McEvoy asked if they also needed another $25? Chairman Ward replied: no, ~ot when it is tabled. They must hear from the City Attorney. MI~TES BOARD OF ADJUSTMENT PAGE S~ JULY 14, 1975 Mr. Thompson pointed out that it was not Mrs. McEvoy's fault. He explained that this Board was placed in a disadvantage. Mr. Michael did get a blanket variance for the whole area. They must check with the City Attorney. Right now, they cannot act on anything non-conforming. The reason for tabling is to save her from paying $50. The fee is not $25 any more. Mrs. McEvoy stated they must just wait and questioned if they wQuld be notified? Chairman Ward informed her that the City Clerk would notify her. ~. Thompson suggested that she at- tend the City Council meeting tomorrow night, as this ison the agenda. Chairman Ward asked if she could submit a copy of the deed? ~s. McEvoy informed him that the City Clerk checked the re- cords and advised her to note on the form that it was on re- cord. Chairman Ward informed her that the application require.d a copy of the deed be furnished. ~s. McEvoy replied that the City Clerk stated it was not needed. She added that she had spent 2½ hours going back and forth between the Building De- partment and the City Clerk. They let her go through all~ this and she came tonight thinking it was going to be approved. Parcel #2 - Addition on residence which is presently 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~. ~right Mr~ Hea~y read the above application and advised it was re- quested for a garage addition on the front setback. He pur- chased this house with a non-conforming use and was not aware of it. He wants ~o construct a garage to protect things from being stolen. Mr. Healy noted that no proof of ownership nor sketch showing what was planned were included. Mr. Healy made a motion to table this application, seconded by ~. Aranow. A member in the audience ~ked if they could state their objections to this application and not have to come back. ~. Healy withdrew his motion and ~. Aranow withdr~w his second. Mrs. Caroline Clark stated her name and her address as 91 N. Wo 28th Aven~e. She informed the Board that she didn't object to the garage, but what it was going to be used for. If it is to be used for a repair or welding shop, she objects to it, but not to just an ordinary garage. She wants to know what the garage is going to be used for after b~ing built. MINUTES BO~D OF ADJUSTmeNT P~GE SEVEN JULY 14~ 1975 This man does welding and she does not want it used for that. Mr. Boeltz informed her that it could not be used for that in a residential neighborhood. Mrs. Rosemary Wrightman stated her name and her address as 239 N. Wo 28th m~VenUe. She informed the Board that she ob- jects to paying residential taxes and h~ing her neighbor use it as a.co~ercial place. She does not h~ve objections if it is reSidential. She asked where it would be located and ~. Thompson replied that they did not ~ow, as they do not have a sketch. Mr. Henry Van Ladel stated his name and his address as 243 N. W. 28th Avenue~ He informed the Board that this man was now repaying cars, motorcycles, etc. at this address. If the garage is built in the front, they will have a garage to look at. Who wants to look at a neighbor's garage? Also, this is a commercial idea. He realizes this is not legal. As it is right now, cars are being repaired there and motor- cycles are being tested. Who states if it is commercial or not commercial? If a garage is being built, this could be done in an even closer extent. He fixes old cars and revs up the motors. The cars have no mufflers. He is trying to prevent this. This will incrsase with an enclosed garage and it will carry on in the night hours. He stated that he objects to it being used for any use like this and also be- cause it is in the front of the house. He completely objects to where it is being constructed. He does not want a garage in front of the house° £~s. Lois Van Ladel stmted her name and her address as 243 N. W. 28th Avenue. She informed the Board that she objects and feels the same as her husband. She just feels that for commercial reasons, it should not be allowed. If it is for s~orage only, it will be different. There is noise from this residence now which dist~bs the neighbors. Mrs. Helen Nova~ appeared before the Board and stated she also objected. There are many children in the area and this man races motorcycles. If it is not going to be used for commercial reasons and will sit in the back, it will be all right. ~he does not think~that is what he wants though. Chairman Ward informed her that he thought zoning would take care of this. Nowever, if it w~nt through, it could be stip- ulated it could net be used for commercial reasons. It would ~e up to the Police Department to enforce. Mr. David Levering stated his n~e and informed the Board that he did not want this to be used as a commercial thing. There are small kids in the n~hborhood. He lives in fro~t e£ this address and this man races cars a lot and keeps the kids awake. MINUTES BOARD OF ADJUSTMENT PAGE EIGHT JULY 14, 1975 YMs. David Levering appeared before the Board and informed them that she also objected to commercial reasons and to the noise. Mr. Healy moved that this application be tabled, seconded by Mr. Thompson. Motion carried 5-0, with Mr. Bailey abstain- ing since he is a Property owner in this area. ~. RandolPh Wright stated his name and his address as 237 N. W. 28th Avenue. Mr. Healy requested that he submit a proposed improvement site sketch and Mr. Nright gave him a sketch drawn on the plot plan. ~. Healy asked if he had proof of ownership and Mr. Wright replied: yes, at the house. NH. Healy requested that he bring it with him to the next hearing. Chairman Ward requested a current survey. The members discussed the necessity for a~current survey and Chairman. Ward gave an example of having stakes for the build- ing inspectors. Parcel #3 - Relief from 8000 sq. ft. lot size requirement to 7875 sq. ft. lot size, as platted. Relief from 10 ft. side yard setback requirement to 8 ft. setback on east side to construct a residence.' Lot 10, Block 24, Golfview Harbour, 2nd Section Recorded in Plat Book 27, Page 47 Palm Beach County Records Address - 1230 S. W. 25th Way Applicant - Courtney C. Eversley ¥~. Healy read the above application and adMised the reason requested was that he was not notified of the zoning change nor the City's intention to do so. In May 1975 when he pur- chas,ed the lot, the advice from the Building Department is now contrary to what exists. He had plans made, signed con- tract, applied for a loan, etc. His apartment lease expires September, 1975. He will become insolvent if he is subjected to any additional financial debts. Mr. Courtney C. Eversley appeared before the Board. Chairmam Ward asked if he had the survey made for him and noted his name not being on it and ~. Eversley replied that the survey was made specifically for him. Chairman Ward noted that all the papers were in order. Mr. Thompson pointed out that it was non-conforming and they could only table this application. Mr. Healy moved to table this application, seconded by ~. Thompson. Under discussion, M~. Bailey stated he really did not understa~ud why they had to table this because the lot was non-conforming. Chairman Ward explained that if the lot was non-conforming, the building would be non-conforming. MINUTES BO~MD OF ADJUSTMENT PAGE NINE JULY 14, 1975 Mr. Healy added that they did not have the ruling for non- conforming lots. M~. Thompson ~emarked that he thought this would be settled tomorrow night. Motion carried 6-0. Mr. Eversley asked if he would be noti£ted to appear at another meeting and ~. Thompson informed him that everyone before the Board tonight would be notified. Chairman Ward added that they should be able to work it into the next meet- ing. The City Council must meet with the Planning & Zoning Board. The law states they cannot act as a Planning & Zoning Board and with granting variances for non-conforming lots, they would be taking over the zoning. ~. Boeltz stated that if the zoning was changed with the setbacks and lot size, he would not have to re-appear before this Board and Mr. Thomoson ~reed. Mr. Bailey pointed out that ~his was a situation where the man must close on his loan in two weeks. Chairman Ward informed him that financial conditions were of no consideration to this Board. Mr. Bailey pointed out that it was one hardship on top of another. Mr. Eversley informed him that he had the plans and could have applied for the permit two days before the new ~egulations went into effect, but he was not aware of them. He thinks people own- ing lots should have been notified. Mr. Thompson suggested that he appear before the City Council tomorrow night. Parcel #4 - Relief ~rom 8000 sq. ft. lot size requirement to 7875 sq. 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 construct a residence. Lot 11, Block 24, Golf View Harbour, 2nd Section Recorded in Plat Book 27, Page 47 Address - 1220 S. W. 25th Way Applicants - Wendell L. & Debra S. Duggins Mr. Healy read the above application and informed them that the reason requested was to build a house on their 7875 sq. ft. lot using the old requirements of what the old side yards were. All other requirements are fully met. ~. Healy noted that the survey was dated June, 1975, and all the requirements had been met. ~. & Mrs. Duggins appeared before the Board. Chairman ~ard noted a discrepancy in the application requesting 7½ ft. and 9.3 and 9.4 feet. Mr. Duggins replied that he just wanted to state if it was still 7½ ft., it would be withmn the eld ordinance; however, the survey as shown is correct. Mr. Boeltz remarked that they still couldn't act, but must table it. Mr. Aranow added that using the old regulations, he would not need a variance. MINUTES BOARD OF ADJUST~NT PAGE TEN JULY !4, 1975 Mr. Healy read a letter to the Board of Adjustment from Mr. and Mrs. Duggins detailing their reasons for this request for a variance. Mr. Duggins requested a change in the first paragraph, line five, to read instead of 7½ feet sides should be 7/10 of One ft. on one side and 6/10 of one ft. on other side. Mr. Aranow referred to this situation requiring action and questioned What would happen if they decided to rule on it even though they didn't have jurisdiction? Would the deci- sion stand up? It seems to him they can hurt people with this being an important thing. ChairmanWard questioned if it was really a hardship and referred to their summary out- lin~. Mr. Healy moved to ~able this application, seconded by Mr. Aranow. Motion carried 6-0. Mr. Thompson referred .... to meeting with the City Attorney and Mr. SimOn pointing out that on ~tots that were 50 ft., 75 ft., etc, not meeting a particular zone, they actually could not deny a person from building a home as long as the requirements were met. Withtthe new zoning, there will be many lots at 75 ft. not meeting the requirements. He feels they should point this out to the City Council. Chairman Ward replied that he feels the City Council is quite aware of this and many people have filed applications to the Build- ing Department and the Planning & Zoning Board. Golfview Harbour was talking about presenting a petition to the City Council. There should be something done right away. ~. Aranow suggested that when these things come up~egar~ d'~ng changes, they should m~e a recommendation to the City Attor- ney that changes be made in provisions of the authority of the Board of Adjustment. The Board cannot do anything now, M~. Boeltz Stated he believed they could rule on non-conform- ing buildings as long as they conformed to the setbacks. ~. Aranow referred to the last application and asked if a vari- ance could be granted? ~. Boeltz replied that only if it was given tO the whole area. ~. Aranow replied that every case must be handled individually. Mr. Boeltz stated they should havelthe same privilege and Mr. Aranow pointed out that they had the same privilege to appear. ~. Aranow added that this is a situation that merits consideration in 'a hurry. ApplicationiForm Chairman ward suggested they add a requirement for a current survey to be submitted. The members discussed the period of time which Wou~d mean current in this instance. MINUTES BOARD OF ADJUSTMENT PAGE ELEVEN JULY 14, 1975 Mr. Bailey questioned the $50 fee and Chairman Ward informed him this was decided by the City Council and stated in the blue book. ~. Duggins asked if his $50 would be returned if the City. Council decided tomorrow night to go back to the old setbacks? Chairman Ward replied that he couldn't a~wer this. Mr. Aranow added that he didn't believe so and ex- plained. Mr. Duggins questioned what happened if it wasn't rezoned andlM~. Aranow replied that he must wait until this Board received legal opinion. Mr. Duggins asked if he would have to wait until the next meeting and ~. Thompson informed him that if~the City Council decided tomorrow night and in- formed this~Board' they may meet the last Monday of this month. Mr.~Duggins asked if he would be notified when the final decision would be made, aa he cannot do anShing now. Chairman Ward informed him that the next regular meeting would be the second Monday in August and ~=-~. Thompson sug- gested thatlhe attend the City Council meeting tomorrow night. The members continued with discussing th~ application and discussed the costs of surveys. Mr. Healy referred to proof of ownership and how they had been accepting them with being noted as being in the City records. Chairman Ward remarked that they did not ~ow if this was noted by a City clerk or the applicant. Mr. Aranow suggested that a photostatic copy of the d~ed be submitted. This was discussed further. The members agreed to accept Rider #8, under #6, to add: "current survey to be attached" and #9 Proof of Ownership: Photostatic copy of deed to accompany application. ~. Healy moved to accept the application as corrected, seconded by,Mr. Aranow. Motion carried 6-0. ~e.~ial of Bui~g Permit Form Chairman~ard showed this form to the members containing the reason and Building Official's signature. M~. Healy made a motion to accept the new Building Department's Denial of permit Form. Mr. Aranow seconded the motion. Motion carried 6-0. Mr. Healy made a motion to adjourn, seconded by ~. ~ranow. Motion carried 6-0 and the meeting was properly adjourned at 9:05 P. M.