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Minutes 05-12-75M ~TES ~I~ OF THE BOARD OF ADJUST~.~NT ~.]TING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MO~)A¥ ~ MAY 12, 1975 ~~T 7:30 P. M. PRESENT Foy Ward, Chairman Alvin C. Boeltz, Vice Chairman Robert Gordon Vernon Thompson, Jr. Derle B. Bailey, Alternate John F. White, Alternate Joseph Aranow, Alternate Jack Aitken, Bldg. Dept. ABSENT David ~. Healy, Secretary (Excused) Chairman Ward called the meeting to order at 7:00 P. M. He introduced the members of the Board, Building Official,.Re- cording Secretary, and alternate members present in the audi- ence. He announced that Mr. Healy was excused tonight for the purpose of attending a funeral and Mr. Bailey would take his place as Secretary. He welcomed the attendance of Council- man. Strnad. MINUTES The minutes of April 14, 1975 were read. Mr. Thompson made a motion to approve the minutes as read, seconded by Gordon. Motion carried 5-0. OLD ~- T Chairman ~ard announced they would have to take the James M. Harvey application off the table, as it has been withdrawn. Mr. Bailey moved that the application for Mr. Harvey be taken from the table, seconded by ~- Thompson. Motion carried 5-0. In reference to this application, Chairman ~ard read a message from ~s. Padgett referring to a r~sunderst~ding between the City and ?~. Harvey. She stated she regretted the misunder- standing with M~. Harvey thinking the City Clerk's office f~- nished a survey. Chairman W~rd then read his reply to this me~age acknowledging receipt ~d stating the Bo~d of Adjustment was aw~e that the '~t Cm y does not supply surveys and also regretted this misunder- s tan~ng~. Chairman Ward then. requested the Vice Chairman to read part of the zoning code ou61ining the duties and powers of the Board of Ad!justment. Mr. Boeltz read from the zoning code and then clarified that it must be prove~ there is a real MINU~S BOARD OF ADJUSTmeNT PAGE ~0 ~_Y 12, 1975 hardship involved or a unique piece of property involved and these are the only reasons for gran2ing a variance. N~,3¥ BUSII~SS - PUBLIC HEARING Parcel #1 -Lot 22, Dewey Heights Recorded in Plat Book 24, Page 193 Palm Beach County Records Request - Relief from fenc~ height requirement to permit in- stallation of 4 ft. chain link. fence Address - 2898 S. E. 1st Court Applicant - A. L. McGregor ~M. Bailey read the above application and stated the reason for this request was that ~. McGregor has fruit trees planted on this lot and they are beginning to bear fruit. As soon as fruit appears, children in the neighborhood take stic~ and beat the fruit off the trees. Chairman Ward stated that in reference to this particular application, there was some doubt among City Officials and. the City Manager whether this Board could act on fences, but they did not get it resolved. He met with Mr. Kohl this morning and they called the City Attorney and he advised as long as it was advertised and scheduled~ they must hear the case, but a hardship must be prove~. Mr. A. L. McGregor appeared before the Board and. stated his name and his address as 2~9~ S. E. 1st Court. He informed the Board that he has a vacant lot facing Ist Court and has it planted in fruit trees. They are 2½ years old and are bearing fruit now. There are 10 to t5 kids in>the neighbor- hood and they take sticks and knock it off. When he bought the lot 15 years ago, there were no children in the area, only retired people. In reference to a 4 ft. fence on this particular street, it is not a thru street and only a short street. There would only be 12 families coming off of 1st Place. Mr. Boeltz asked the Building Official if this. was considered a corner lot and Mr. Aitken replied that it was. Mr. Boeltz referred to the ordinance stating along rear lines it could go as high as 6 ft., 4 ft. not on cor~er, hut only to 3 ft. on the corner. Mr. McGregor replied that a 3 ft. fence would not keep the kids out. ~. Boeltz informed him that it was law being an ordinance and the police should take care of it. He then asked if there were other 4 ft. fences on any corners in that area and Mr. McGregor replied that there were plenty of hedges Over 4 ft. ~. Boeltz stated that it would be al- most impossible for them to grant a variance. Mr. McGregor MINUTES B0~RD OF ADJUSTmeNT P~_GE THREE MAY 12, 1975 asked what he should do with his fruit trees and Mr. Boeltz suggested that he called the police to have the children arrested. He added that this was a~corner and it was a safety factor to have a 3 ft. height on a corner. ~. McGregor pointed out that you could see through a chain link fence. Mr. Boeltz replied that he didn't see why he should have a special privilege when nobody else could. ~. McGregor replied that he was just asking for something to protect his property and he didn't consider it a privilege. Mr. Thompson questioned if he really felt by adding just another foot would stop the kids from getting through and Mr. McGregor replied: yes, kids would have trouble climbing over a $ ft. high fence, but could jump over a 3 ft. high fence. Mr. Gordon pointed out that it didn't state anything about children jumping over a fence~ just beating the trees with sticks. He added that he already has a fence on two sides. ~. McGregor agreed and stated that the fence on the two sides kept them out. Mr. Bailey referred to the sketch and a 4 ft. fence on the north lot line going to the west lot line. He also referred to the plot showing 3½ lots down the street and questioned if there were any houses on the adjacent lots. Mr. McGregor looked at the plat and explained where he had a two car garage on Lot 22 and showed where his house was located and where other houses were located. He added that he had passed a petition around to property owners within 300 feet and nobody objected and he had submitted this to the Board. He also stated that it was now platted as one lot and his house~.was located on Lot 12 in Seacrest Estates. ~. Bailey stated he could see where if this was fenced with a 4 ft. fence, it would encourage houses on the adjoining lots to do the same. P~. McGregor informed him that there were 4 ft. fences up on those lots already. He added that on the lot directly west of Ist Court was a 4 ft. high fence. ~. Bailey stated he didn,t get to look at this particular piece of property and questioned if anyone could confirm this. Chairman Ward replied that he didn't notice when visiting the site. ~. Boeltz questioned if other cormer properties could have 4 ft. high fences and Mr. Aitken replied: not on the corner. ~. Bailey stated he thought the ordinance with 3 ft. high fence is justified in this case. Chairman Ward asked if anyone present was in favor of this application and received no response. He then asked if there was anyone opposed and received no response. He added that they must consider in all cases that there is not a self- created hardship. ~A~. Boeltz made a motion to deny the variance, seconded by Mr. Bailey. Motion carried 5-0. Variance denied. MINUTES BOARD OF ADJUST~NT PAGE FOUR MAY 12, 1975 Parcel #2 - Lot 23, Block 12, Golf View Harbour 2nd Sec. Recorded in Plat Book 27, Page 46 Palm Beach County Records Request - Relief from 8 ft. rear setback requirement to erect screen enclosure of pool 6 ft. from rear lot line Address - 1311S. W. 27th Place Applicant - Ted F. Sorg Mr. Bailey read the above application and advised the reason requested was to eliminate damage to existing patio ~uud to use existing patio with pool. Chairman Ward informed the Board that at the present time, this is a non-confOrming piece of property. He asked the date of the survey and Mr. Bailey informed him it-was dated 12/22/69. Chairman Ward informed them that the screened porch projects out approximately 2½ feet further than the survey shows. The members checked the plan. Chairman ~ard stated that the porch shown on the plan and plot sketch pro- jects out, which is not shown. ~. Ted F. Sorg stated his name audLhis address as 1311S. 27th Place. Mr. Sorg informed the Board that the builder stated a variance had to be obtained when it was 'built. Chairman Ward stated he had mentioned this and he checked it, but could not find any record of a variance being granted. ~. Sorg questioned if it could have been done without getting a variance and Chairman Ward replied that it could have. Sorg stated he knew nothing about a variance nor easement and this only came up now when he applied. Chairman Ward informed him that since it was a non-conforming property, the Board could not act on it. He could keep the property up, but could not add to it. ~. Sorg questioned why his neighbor was able to build a pool 6 ft. from the property line and Chairman Ward stated this was brought to ~heir atten- tion and the um~dmng Official checked it. He stated again that the Board would not be able to act on this, but the members could ask questions. Mm. Boeltz read Ordimance 163.225 applying to ~onfor~ng properties and also Ordinance 163.23 (d) in rezerence to non-conforming uses. Mr. Sorg questioned if a pool without the screen would be inviolation and Chairman Ward replied that this would be a question the Building Department would have to answer. He stated that since the property was non- conforming, they were not even really supposed to discuss it. They have no authority to act on it whatsoever. Sorg questioned where he could go from here? Chairman Ward inf6rmed him that the law stated they could not act on a MINUTES BOARD OF ADJUSTMENT PAGE F~TE ~t~Y 12, 1975 non-conforming piece of property and just must consider the request as applied for. He suggested that he could go to circuit court. Mx. Bailey suggested he re-apply with the person he made the application with for a pool and possibly this may be a hardship since he did not know it was non- conforming' ~."Th. ompson added that if he stayed within the setbacks, he could build a pool. Chairman Ward stated that it read he, could not add to nor increase a non-conforming s'tructure.~ Mr. Aitken added that the B~lding Department aould not issue a permit on any non-conforming building. Parcel #3 - Lot 9, Block 16, Golf View Harbour 2nd Sec. Recorded in Plat Book 27, Page ~7 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 20 ft. rear setback to permit construction of house with pool Address - 1164 S. W. 24th Avenue Applicant - Aaron Brodsky I~. Bailey read the above application and advised the reasons requested were: property purchased specifically to build four bedroom house with pool, to keep personnel working, and to save as many trees as possible. Also, this lot was the only lot and he must build this four bedroom house or will be out the money spent on the lot. Houses ha~e been buil~ on other lots. Mr. Aaron Brodsky stated his name ~ad his address as t164 S. W. 24th Avenue. Chairman Ward questioned when he purchased this lot and Mr. Bro~kj replied: approximately three weeks ago. Chairman Ward asked if he could have had plans drawn to fit this lot and ~. Brodsky replied that he wanted a four bed- room house and didn't want to take out trees. Chairman Ward informed him that there must be a unique hardship and not a self-created hardship. ~. Brodsky informed him that he bou~htthe lot for $12,000 approximately 3½ weeks ago with the intent to build, a four bedroom house. He paid an architect to m~e certain changes and paid $600. If he cannot build this house, he will have to sell this lot and doesn't believe he can. He wants to build a beautiful home with nice surround- ings. Mr. Boeltz stated he didn't think this Board had the authority to grant a variance for a personal hardship self-created. Mr.. Brodsky questioned how he created it and ~. Boeltz replied by not having a big enough lot for his house. M~. Brodsky informed him that before signing the final contracts, he checked the adjacent lots owned by another developer and he stated he got variances on all the lots. Mr. Boeltz asked MINUTES BOARD OF ADJUSTi',fENT PA~z SY~f ~¥ 12, i975 if there were other lots in this area that were given var- iances and ~r. Jerry Hardy informed him that Lots 8 thru 14 were granted variances to Snow Construction and also Lots 21 thru 23 were all empty lots with variances granted for the same reason. Mr. Boeltz stated he thought this should be checked if all these variances were granted. Chairman Ward stated they must consider each case individually and not make more ~stakes if some have 'been made in the past. They must ailways find whether there is a hardship and if it is unavoidaible. M~. Gordon asked if the rear of the property was on the water and ~. Brodsky replied: yes. Mr. Thompson clarified then that i2 would not infringe on another property and Mr. Brodsky agreed. Chairman'~ard asked if anyone present was in favor of this application!and received no response. He then asked if anyone opposed this application and received no response. He added that none had been received in writing. Mr. Thompson made a motion to grant the variance, seconded by Mr GordOn. The vote was 2-3, with ~ · ~. Boeltz~ ~. Bailey and Chairman Ward voting against. Variance denied. ~. Bro~ stated this meant he could mot start to build as he intendedand there were six or seven people wor~sing for him that he must leave go. He doesn't think this is very fair. He bought it with the intention since everyone else in the neighborhood, got a variance. He thin~ it is very, very unfair!and is hard on him. He requested that they please reconsider it. Chairman Ward informed him that the Board had aCted. Mr. Brodsky replied that he must get rid of the lot now. Parcel #4 - 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 to permit construction of house with pool. Address - 2535 S. W. 12th Street Applicant - Vernon Thompson, Jr. ~. Thompson disqualified himself from the Board and Mr ~n~te took his ~place. ~tr. Bailey read the above application and stated the reason for the request was tnat~ the house as designed will not fit on the lot. To re-design it would make the house architec- turally m~ pressmng. It is a corner lot and will not infringe MII~TES BOARD OF ADJUST~'~'NT PAGE SEVEN ~-~Y 12, 1975 on other properties. It is also an odd-shaped lot. Chair- man Ward asked the date of the survey and Mr. Bailey informed him it was dated April 8, 1975. M~. Vernon Thompson, Jr. stated his name and his address as 208 N. E. loth Avenue. He informed the Bo~d that he has made this request because there is not a 90~ angle in the lot. The house they have designed will not fit. They have turned it, cut it, etc. and it is almost impossible to put a three bedroom house on this lot because of the shape. He showed a drawing of the planned house. He added that the variance he is as~ng for is not 5 ft. all the way. The house will be in line with the other houses. Only on the corner will it be the full 5 ft. He gave plans to the Board members~ ~. Boeitz pointed out there were four corners there and ques- tioned if none of these would fit this house ~ud Mr. Thompson replied that he only owned the one lot. Mr. Boeltz stated that this would be a privilege and not a hardship and ~. Thompson disagreed and stated this was a hardship. White requested that Mr. Boeltz read the ordinance pertain- ing to unique shaped lots. Mr. Boeltz read the ordinance again and Mr. White and ~. Gordon noted it wasn't the same as he read previously. The recording secretary read her notes and pointed out Mr. White was referring to Mr. Boeltz's remarks after he read the ordinance previously. M~. Thompson explained that he started off with 25 feet, but the lot cuts him off. As it stands now, it would be almost impossible to put a three bedroom house on this lot. Chair- man Ward asked if he could purchase additional property and Mr. Thompson replied that it would be a hardship with cost- lng ,8,000. Mr. Boeltz suggested that he could possibly buy a few feet. Chairman Ward asked if he knew this condition existed when he purchased the property and Mr. Thompson re- plied that he knew the dimensions of the lot. ~. White referred to the Board granting a variance previously on a similarly shaped lot ~n the intercoastal and ~. Boeltz agreed, but added this was moved to accommodate parking. Mr. Boeltz stated he understood this hardship, but he was concerned they were going ~ r~au into the same trouble with the other lots. M~. Thompson stated he couldn't change the shape of his lot and the other lots were not odd-shaped. He added that his house would be lined uo with the other houses. - Chairman Ward asked if anyone was present in favor of this application and received no response. He then asked if anyone was present in opposition to this application and received no response. He added that none had been received in writing. MINUTES BOARD OF ADJUSTMENT PAGE E ~GH T MAY 12, 1975 Mr. Gordon made a motion to grant the variance, seconded by M~. White. Underddisc~sion, Mr. Bailey stated he could see where-this was a definite hardship on this lot with the type of house planned, since this house is not going to be out of line as proposed but would be out of line sitting on the existing zoning. He thinks it would create a hardship not to grant a variance and also a hardship on the neighborhood to keep it in the existing zoning. Chairman Ward stated they ~ust keep in mind whether this hardship is self-created. ~. Bailey stated it was a unique situation with this sized lot. If the house was moved ~ack 5 feet, it would be out of line with the rest of the houses and would be depressing to the rest of the neighborhood, it is a nice neighborhood and not shacks. Chairman Ward stated that they must go by the law. The Planning & Zoning Board and Community Appearance Board take care Of the neighborhood in the respects he is consider- ing. Mr. Bailey stated he could see the neighborhood was nice ~ith ~lready being zoned R-1A~. He definitely sees it is a hardship. ~is opinion of the hardship is that the type of house he wants to build there is definitely the type of house warranted to the neighborhood. If this house is cut down in ~ize, it would be fairly small for that neighborhood. Chairman '~rd questione~ if it would come within the s~uare footage requirements if it w~s cut down and ~. Bailey-replied that ~is main objection in cutting it down 5 feet would make it out of line with the rest of the houses. The vote on the mot~ on was ~-2~ with Mr~ Boeltz and Chairman ~d voting against. V~ianc e denied. To clarify this vote, Chairman ~ard read a letter from Mayor Roberts stating that four votes were required to pass a variance. ~. ~hite stated he thought it was an injustice for any Board to grant a variance for one and not another. He stated they were showing discrimination. ~. Thompson stated as Board members, they were accountable for their actions. He re~erred to three weeks ago when a variance was granted for ~0 to 15 feet off an odd-shaped lot due to hardship to an owner with this type of house and for the same reason applied for. Chairman Ward stated if the granting of this previous vari- ance was not in order, it does not mean it must keep going on and on. Mr. ~hite stated that it shows the inconsistence of the people who voted tonight. Mr. Boe!tz pointed out that there was vacant adjoining property on this one and M~.i Gordon informed him that the previous one had three lots vacant a~ound him. Mr. White questioned how the ~Iternates were elected to serve when a permanent member was not present and ~. Boeltz informed him on the basis of seniority. MINUTES BOARD OF ADJUST~NT PAGE NiNE M_&¥ t2, 1975 M~. McGregor appeared before the Board again and questioned how the fence at 2nd a~d Seacrest got there, which is 6 to 8 feet high~ ~. Aitken replied that he was unfamiliar with it and questioned if he was referring to the one around the school~ Mr. McGregor replied: yes. M~. Aitken replied that he personally had no k~owledge of it. Chairman Ward informed h~m that it was his understanding that the City In- spector coald not inspect any part of school property an~ Mr. Aitken! agreed. Mr. McGregor remarked that some ordi- nances should be changed. Mr. Thompson questioned if his application could come before the Board again? Chairman Ward stated, this was correct, but suggested ithat he c~.eck with the City Attorney or City Clerk for the procedure to refile. ~hen the new zoning goes into effect, afiter a variance is denied there is a period of one year befora it can be re-heard; 'but right now, he believes there is nio time limit. However, you must check whether it has to be re-advertised. ~r. Thompson replied that he would check and also possibly put in a lawsuit. ADJOUR~N~ Mr. Baileymade a motion to adjourn, seconded by ~@. Gordon. Motion carried 5-0 and the meeting was properly adjoined at 8:10 P. M.~