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Minutes 06-09-75MINUTES OF THE BOARD OF ADJUSTMENT r~ETING HELD AT CITY H~LL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 9, 1975 AT 7:00 P. M. PPJ]SENT Foy Ward, Chairman David W. Nealy, Secretary Robert Gordon Vernon Thompson, Jr. Derle B. Bailey, Altermate Joseph Araaow, Alternate Jack Aitken, Building Official ABSENT Alvin C. Boeltz, Vice Chairman (Excused) Johm F. White, Alternate (Excused) Chairmaa Ward called the meeting to order at 7:0OP. M. and introduced the Recording Secretary, Building Official and members of the Board. He announced that Mr. Boeltz was ex- cused on account of his wife being ill and Mr. White was ex- cused for the month of June. MINUTES .M. inute.s' of Ma~ . 12, 1975 The Minutes of May 12, 1975 were read. Mr. Bailey referred to Page 6, first paragraph, fifth line, where Mr. Boeltz stated he thought this should be checked and he believes Mr. Boeltz stated he thought this should be tabled and be checked if all these variances were granted. Mr. Bailey then referred to the end of this same paragraph after unavoidable should be Mr. Bailey seconded that motion and Chairma~Ward stated no motion was made, both of which were left out of the minuts~. Chairman Ward stated that Mr. Boeltz was not present to verify ~his and Mr. Gordon added he thought they should table this until Mr. Boeltz was present. Mr. Healy asked who Mr. Jerry Hardy was, who was referred to in these minutes? Chairman Ward replied that he didn't know if he was representing Snow Builders or not. Mr. Bailey re- plied that he had no idea. Mr. Gordon replied that the man with. Mr. Brodsky was his superintendent. Mr. Bailey moved to table approving the minutes of May 12. Mr. Aranow seconded the motion. Under discussion, Mr. Healy asked if there was anything vitally important to the passing of these minutes at the present time? He pointed out that practically a month has passed since this meeting. Is there something important for the City Council that they may need approval of these minutes for in order to act on something? If there isn't anything important, then they could take ac- tion on this motion. The members re-read and agreed they could be tabled. Motio~ carried 5-0. MINUTES BOARD OF ADJUSTMENT PAGE TWO JUNE 9, 1975 .M%nutes of Jun.e 2, 1975 The Minutes of the Special Meeting of J~ae 2 were read. Mr. Aranow asked if he could take a minute as he thought there was a correction or two, but he didn't have the minutes at his fingertips. Ne mislaid the minutes after he ~ot in- volved with another matter. He requested that they bear with him a minute and he believed he could find it. Ne then referred to Page 4, last paragraph, where he referred to the Board of Adjustment and the word "concurring" should be "conferring,,. He then referred to four lines up from the bottom of this page and it should be: "'They have taken away this privilege to confer with the Planning & Zoning Board." Mr. Bailey moved that the minutes be accepted as corrected, seconded by Mr. Gordon. Motion carried 5-0~ Mr. Nealy stated he didn't wish to make a~y corrections on the minutes, but would like to find out whether or not the corrections they talked about with Mr. Barrett and Mr. Simon had been filed with the new ordinance. Do they have these for this meeting? Chairman Ward replied that they did not have them. Mr. Healy asked if they were presented at the City Council meeting? He added that the ordinance was passed and these corrections were made after the ordinance was passed. Chairman Ward replied that he didn't kaow if these were in or not. Mr. Healy stated he would like to inquire if these corrections were part of the ordinance. He then asked if everyone understood what he was referring to and Mr. Gordon replied that he didn't. Mr. Araaew explained that they had certain discussions and there were certain changes Mr. Simon told Mr. Barrett to ~raw up and submit, but they do not know what has happened to these. ~UBLIC .HEARING Parcel #1 - Lot 21, Block 23, Golf View Harbour 2nd Sec. Recorded in Plat Book 27, Page 47 Palm Beach County Records Request - Relief from 25 ft. side setback requirement to 20 ft. side setback Address - 2535 S. W. 12th Street Applicant - Vernon Thompson, Jr. ChairmsaWard gave copies of a sketch of the plot to the mem- bers. ~r. Healy read the above application. He read the reasons for this request are: conditions exist which are peculiar to the land, it is an odd-shaped lot, he cannot afford to buy additional land, he needs a three bedroom house, to re-design would make the house displeasing to the community, and the house will not infringe on the adjoining MINU~ES BOA~ OF ADJUBTM~NT RAGE THREE JUNE 9, 1975 property. Mr. Healy added that no site development sketch nor proof of ownership were attached as requested. Mr. Vernon Thompson, Jr. stated his name and his address as 208 N. E. loth Avenue. He gave a site~ plan to the members. Mr. Ara~ow asked when he purchased this piece of property and Mr. Thompson replied that the f~nal transactio~ took place on January 17 or 19, 1975. Mr. Aranow referred to the plan and asked if the front room could be~ cut in size, where he seeks the variance? Mr. Thompson asked if he meant the garage area and Mr. Aranow ascertained this was correct and asked if he could cut this at the point where he seeks the variance for that portion? Mr. Thompson reolied that they looked~at this. He believes the garage is 20 ft. and if they cut it 5 ft., they could not get the car in. As it stands now~ it has roo.m for a big car and a small car. He believes it has been cut mow to 20 ft. by 20 ft. They cannot fit in two big cars. ~. Thompson contimued and explained further that when they purchased this lot, they studied the plans at City Hall and at Snow Construction and were aware of the perimeters, but were mot aware of the center of the lot~. They tried to deve- lop a house which would be pleasing to the community as well as pleasing to them. The house will fit the com~$ur of the lot, bmt they cannot shift it any more. He doesn,t believe it is a large house. The rooms are recta~gmlar with trying to get as mmch room.. With the contour of the land, they just could not do it. Their draftsman tried everything possible to place it on there and so far, he has not been able to get a three bedroom ho~se on there. It is difficult because of the end being contoured. They also triedto have the house facing another direction, but it wouldn,t fit. Mr. Aranow referred to the left side of the house and the side setback and asked what the law required at this point and Mr. Aitken informed him that 7½ ft. was required in the R-IAA zone. Chairman Ward asked if he got the plan first or bought the lot first and Mr. Thompson informed him that he purchased the lot first and then tried to put a house on it. They worked themselves before goimg to a draftsman and tried to come up with an idea. The lot breaks in so fast and doesn,t give room and they came up with this offset house. By having it offset, it is the best possible way of doing it, but they still have the problem of the 5 ft. Chairmam Ward asked if the lot across the street to the north was a larger lot and Mr. Thompson informed him that they inquired about two or three lots before pmrchasing this one. They spent money calling bsmks in reference to MINUTES BOARD OF ADJUST~NT PAGE FOUR JUNE 9, 1975 properties having to call Fort Lauderdale, Miami, Boca Raton, etc~ They had trouble find. i~m~. the original owners of the lots. They turned to Snow Construction and they had this lot available. They also had lets on the water front selling for $5,000 more, which they could not afford. Chairman Ward stated that most times when he went to an archi- tect, they wanted to know the size of the lot and then they would tell him whether a house would fit on the lot. ~. Thompson informed him that he carried the survey slip of the property.to his architect. He checked it around amd cut it back 6 ft. He also suggested a split level house. They rode through the community and found no split level homes and they~didn,t want to be the first to build one be- cause it was not w~t they wanted, so they dropped this idea. Chairman Ward pointed out that it looked like there would be a problem with several lots in this area and he referred to two lots to the south and another on the north corner. Mr. Thompson replied that they have looked at these lots and see a lot of this. ~. Healy referred to the minutes of the last meeting when this apPliCation was originally heard and it being stated that Lots 21-23 already had a variance. He asked if there was any truth to this? Chairman Ward replied that not to his knowledge there wasn,t. Mr. Hea~y asked if this had been checked and .Mr. Aitken replied that he did not know. He added that the City records would have to be checked. Chairman Ward stated that Mr. Brodsky's~superintendent stated that Snow was granted a blanket variance, but he was not aware of any. He thinks they would be water front lots if there were any. Mr. Aitken stated he believed there were eleven lots granted a blanket variance. He added that they would have to k~ow the block. ~. Heal~ystated he was bothered because possibly there was a variance already on this lot. Mr. Thompson stated he thought the variance would be on the waterway lots. Mr. Healy read the previous minutes. Mr. Aitken pointed out there were Lots 21-23 in Block 19 and Mr. Healy stated that no block was mentioned. F~. Bailey stated that he referred to Block 16, which is not on this map~ Bteck ~6 is the block Mr. Bredsky asked for ,a variance on and this property is located quite a distance from this property, of the minutes befog read is in ~efer- ence to this ion. Mr. Aranow asked if the setback restriction of 25 ft. was set for traffic coming down the street to see traffic at the corner and to keep buildings far enough back in order not to interfere with the view of traffic and Mr. Aitken agreed this was correct. Mr. Aranow referred to Mr. Thompsom,s lot and pointed out that traffic golag south, anybody coming to that MINUTES BOARD OF ADJUSTMENT PAGE FIVE J:U~ 9, 1975 Corner would have a free and open look and Mr. Aitken agreed as far as he could see. Mr. Aranow pointed out that the same would apply to traffic ~ming down 25th and Mr. Aitken agreed. Mr. Aranow continued that even if they did consider granting the variance, it would not obstruct the view of anyone coming in any direction. Mr. Aitken informed him that the 25 ft. setback was the standard setback for all residences. Mr. Healy stated in his observation, the side setback would definitely interfere with the line of setbacks on Lots 22 and 23. In view of the fact there is a curve in, the street there, this would definitely set this house out more or less as a special exception with the rest of them. Even going back 25 ft., there would be an exception. Going out beyond 25 ft. Would definitely be out of line with the other lots. Mr. Gordon added that the lot was out of line to start wit~. Mr. Healy continued that they have an offsethere now and by placing it five more feet out, they are creating a greater projection and somewhat causing a discrepancy ia the zoning with the 25 ft. setback originally planned. The 25 ft. set- back was set to create more room. This lot in the creation of the subdivision has already takenssome of this away and by gra~ing the additiomal 5 ft., it would be increasing that distance from the line of these other houses on Lot 22 back. Chairman Ward asked if anyone was present in favor of this application and received no response. He then asked if any- one was present in opposition to this applicatio~ and re- ceived no response. He stated they had received one letter in opposition and requested Mr. Healy to read it. Mr. Healy read a letter from A1 Caravetta stating he objected because the City Council refused to issue variances to others intthe neighborhoods. Mr. Nealy noted no address, but believed it was 2535 S. W. 14th Street from the list. ~. Ba~ley made a motion to grant this variance, for the sake of discussion. Mr. Gor~on seconded the motion. Under dis- cussion, Mr. Bailey referred to Mr. Thompson stating he had this lot before he got his plans and he could see this would be best. He feels this is a special situation in the fact it is an odd-shaped lot. He thinks the neighborhood warrants something like the house he wants to put in here. As far as the side setback is concerned, he is only asking for 5 ft. in the front side setback. The back would not be out of line with the other houses. On the plat, it shows the lot curves in a mortherly direction.. As far as the letter received o~- Jeering because other people in the area have been refused, he doesn,t think that is important to go on, as they don't know what the others have been refused o~. Since the lot is odd-shaped, he feels they shoul~d grant the variance on the basis it would be conducive to 'the neighborhood. MINUTES BOARD OF ADJUSTMENT PAGE SIX JUNE 9, 1975 Chairma~Ward asked how close the nearest house was located amd Mr. Bailey informed him it was across the street on S. W. 12th Street o~ Lot 29 and added that there was also new con- struction. Chairman Ward stated that in new construction, they could met d~termine the outcome. Mr. Bailey agreed, but stated the zoning ordinance requires a certain number of square feet in a house and also the amount of square footage that would have to go into a house to fit that size lot with the required setback~ is going to warrant the price of a house that would match the price of the lot. Chairman Ward stated that he was going by his comparison that this would match something already there and ~. Bailey replied: no, but that this being zoned R-IAA, he feels it is one ef the better type of neigh~orhoodm. Also, this ia e~e of the ~etter places i~ town to buy property. Chairmmn Ward referred to him stating that in going out 5 ft,,it would not ~ring it Out past Lot 22 and Mr. Bailey replied that it would only in the front. ~hairman Ward stated that in conformance, it womld be out from Lot 22 and Mr. Bailey agreed and added that the street curves from N. W. ~2th Street. Chairma~ Ward pointed out with the additional 5 ft., he would be out further yet. Mr. Bailey stated he didn't believe he would be obviously out of line. Mr. Healy questioned the living square foot area of the pro- posed home and Mr. Thompson informed hi~ it was approximately more than ~,800 but less than 2,000. M~. Healy stated that with the garage, it would run more than2,000 and the mini- mum allowed is ~,500 square feet. ~. Thompson stated he believed the less tha~ 2,000 included the garage. Mr. Healy pointed out that all they had wam the front measurement and not the side. Mr. Thompson explained the dimensions on the pla~ Mr. Healy stated his point here is when these particu- lar lots were subdivided and when the Planning & Zoning Board establishes their approval for a subdivision of this type, they take in all these conditions and sitmations and he is sure they have looked this over very carefully and he is afraid in granting a variance, it would definitely inter~ with the position the Planning & Zoning Board has already taken. Mr. Aranow stated he would like to say something in connection with the way he is going to vote. This is ~s first Vote on this Board and he is deeply concerned how it will go. He feels that as Mr. Healy just mentioned, the Zoning Board in estab- lishing the ordinance took alltthese things into consideration. They have a rul~ to guide them and that is they just don't grant variances because people ask for them. On the other hand, he gets from the statute and blue book that if a lot is irregular, it is a basis for granting a variance in one instance providing the purchase o.f the lot or the man did not walk into it with ~is own knowledge. He believes Mr. MINUTES BOARD OF ADJUSTMENT~ ~ PAGE SE~EN JUNE 9, 1975 Thompson is just a victim of circumstances. He bought a lot for his own home and does ~ot want to use it for a~other pur- pose. He believes he did not cause this hardship himself. In regardto the letter, they.have been told on numerable Occasions that every application stands on its awn leg and he doesn,t know what other applications have been made and they must disregard this letter. He thinks that he is right. If they follow the curve of Mr. Thompson,s lot line and if they took the 25 ft. mark from the top of the lot and continue it down, he believes at the bottom it would be 5 ft. and at the top it would be O ft. The 5 ft. at the bottom disappears into O ft. at the top. ~nder these circumstances, he intends to Vote in favor of granting the variance. Mr. Healy ques- tioned if he meant to push the house further back on t~e lot and Mr. Arsmow referred to the map and the triamgular piece in front. Ne e~plained if theystarted at the back at the street line with the 25 ft. setback and continued the 25 ft. set~ack along the street line, it will come to the line If they maintained it coming~down, they would have the re~i~ this triangle. ~f they have it right, they should state the variance should be in that particular form. Chairma~Ward stated he was asking for only 5 ft. at that particular point. Mr. Ar~now replied that he felt he was entitledt . to it. Chairma~ Ward informed him that as far as he C~ty was concerned, the set~ack line continues right around. Mr. Aranow exPlained further on the plan. Chair- man Ward stated that one point would be in l~ne with the house ne~t door, but not ~!he other point. Mr. Aranow POinted out that he didn,t want a straight 5 ft. Chairman that he just wanted it on one corner. Healy ~d that just for the particular corner, they would have to zero it out. M~r. Bailey stated he would like to amend his motion. Chair- man Ward added that they would meed to sta~ it would have to be per the sketch submitted. Mr. Bailey made an amendment to the motion that this variance be granted only on the northeast front corner of the house, the northwest corner to remain at the 25 ft setback, as provided in the site Plan :~ · ' ~ ~ubmitted to the Board of Adjustment. Mr. Gordon seconded the amendment. Mr. Aitken added that if this was. the plan he was going to submit, this is the way he would have to build it. ~$. Thompson stated this was the plan. Mr. Bailey informed the Chairman it would be proper to Vote on the amendment first and then the motion. The Vote was 5-0 in favor of the amendment. Mr. Healy stated that in all due justice to Mr. Thompson, he didn,t believe sufficient evidence of a hardship here had been presented. He would like to see a little evidence that there is a definite hardship. He cannot see where there is any hardship created o~ the s~bdivision of this lot. MINUTES BOARD OF ADJUSTM~NT PAGE EIGHT JUNE 9, 1975 He thinks this was established by the Planning & Zoning Board and that was not a hardship when they approved this lot. The lot remains as it was when the subdivision was planned. He cannot see where just recently purchasing this lot and where the home planned exceeds possibly more than 1,800 to 2,000 square feet, a smaller home could be put on this lot. He thinks this was the will of the Plan- ning & Zoning Board and feels he would have to go along with the Planning & Zoning Board. Chairman Ward agreed. The vote on the motion was 3-2, with Mr. and Chairman Ward voting against. Variance denied. Mr. Bailey stated he was appointed to the Board of Adjustment and felt he could serve the City and sit on the Board to determine if someone had a hardship. After the outcome tonight, he feels the Board of Adjustment is not being used to its full authority. For that reason, he will be sending a letter of resignation to the Board of Adjustment at the next meeting. Chairman Ward replied that evidently things didn,t go to suit him, but he didn't believe anyone had disallowed him to voice his opinion.. Mr. Bailey stated that a person does have the authority to decide what he wants to do in a case like this. After what he has seen at the last two meetings, he doesn,t think the full purpose of the Board of Adjmstment is being used and he doesn't feel he wants to be a part of it. Chairman Ward stated after hearing hLm speak like this, he didn't believe he wanted to sit with him on a Board, as he doesn,t give other members an equal chance. Mr. Gordon referred to Mr. Healy~s descending vote and his reference to living up to the Planning & Zoning Board,s rules and regulations and asked if this was what this Board was for? Mr. Healy replied that he didn't believe after they made a choice, they should sit there and 'be condemned for any of their votes. Mr. Gordon stated he wanted an answer. Mr. Healy replied that he had no right to this; his vote has been cast. Mr. Gordon statedhhe wanted to ask him a ques- tion and Mr. Healy replied that he did not have to answer. ADJOURNMENT Mr. Bailey made a motion to adjourn, seconded by Mr. Aranow. Motion carried 5-0 and the meeting was properly adjourned at 8:10 P. M.