Minutes 12-23-74MINUTES OF THE BOARD OF ADJUSTmeNT ~EETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, MONDAY, DECE~R 23, 1974 AT 7:00 P.M.
PRESENT
Foy Ward, Chairman
J. Lester Cousins, Vice Chairman
Walter B. Rutter, Secretary
A1 Boeltz
Simon Ryder, Alternate
ABSENT
David W. Nealy, Alternate
Derle Bailey, Alternate
Chairman Ward called the meeting to order at 7:00 P. M. and
introduced the ReCording Secretary and Board Members.
The Minutes of December 9, 1974 were read. Mr. Boeltz re-
quested a change where he made a motion to accept the variance,
that it should be he made a motion to grant the variance.
Mr. Cousins made a motion to approve the minutes as corrected,
seconded by Mr. Rutter. Motion carried 5-0'
Mr. Ryder stated that he understood that the amo~t of how
many votes they needed to approve a matter was £inally re-
solved in that it takes four votes and anything else is re-
jected. Chairman Ward agreed, stating they would go on this
basis.
Parcel #1 - Lot 14, Block t6, Forest Hills
Recorded in Plat Book 25, Page 57
Palm Beach County Records
Request relief from 25 ft. rear setback require-
ment to 10 ft. rear setback.
~oposed Improvement - Garage, single story only
Address: 903 $o Wo 28th Avenue
Applicant: Dr. David B. Graves
Mr. Rutter read the above application and informed the members
it was requested as the present bedrooms are not adequate for
the family. There is room to expand in the existing setbacks.
Neighbors have built similar additions. Their .present garage
is now used as a bedroom.
Dr. David B. Graves stated his name and his address as 903
E. W. 28th Avenue. Mr. Ryder referred to the application
stating the present bedrooms were inadequate and he pla~s
to b~ld a garage. He questioned how this would compensate?
Dr. Graves replied that he wants to make the old garage int~
MINUTES
BOARD OF ADJUSTMENT
PAGE TWO
DECE~ER 23, 1974
a bedroom. They have four children and only three bedrooms.
It is not possible to put a bedroom on the back of the house.
The garage is connected to the house physically. M~. Ryder
pointed out that he was already using the garage for a bed-
room and why did he need a garage with a double driveway?
Dr. Graves replied that he would like to keep the cars out
of the weather and also needed storage area for b~es, lawn
mowers, etc. Mr. Rutter asked if this garage would be con-
verted to another bedroom and Dr. Graves replied: no and they
could stipulate this in the variance. Mr. Ryder remarked
that things like this change the aspect of a very nice neigh-
borhood. He added that possibly he needed a larger house
instead of trying to get around the zoning. Dr. Graves re-
plied that it would be desirable to have a larger house, but
he could not afford one. This house is also convenient to
the hospital, as he is on call. Also, since he is on a cor-
ner lot, he is more restricted than other lots. This is the
only area where he can expand and his family needs the space.
Mr. Rutter questioned how far the garage would be from the
street and Dr. Graves showed the plans and explained. The
members checked the plans and noted a drawing was not in-
cluded showing the dimensions. Mr. Ryder poin~d out that
a corner lot must observe the setback from both streets and
~. Boeltz stated it was 25' from the street which is his
address and 15' from the side street. Dr. Graves stated he
was not asking for any variance in the side setback.
Mr. Boeltz asked how long he had owned this house and Dr.
Graves informed him that he has lived there for 18 months.
~. Boeltz informed him that the sewer and water situation
is a reason they are holding down density. Dr. Graves
stated that no more people would be living there. Mr.
Boeltz pointed out that f~ture owners could have a larger
family. Dr. Graves stated he could ms~ke a small building
for storage and leave the cars outside, but he believed this
garage would look much better. ~. Rutter questioned if the
variance could be granted stating it must be just a garage
and Mr. Boeltz pointed out that it would not apply to future
owners. Dr. Graves remarked that he did not intend to move.
Mr. Rutter then referred back to the documents a~d questioned
if the drawing would be acceptable and M~. Ryder replied: no,
since it called for a two story addition.
Chairman Ward then asked if anyone present was i~ favor of
this application.
~. Kenan Foley stated his name and his address as 902 S. W.
27th Terrace and added that his property abuts to the north
of this property. He stated that he has no o~jections to
these new plans; however, he would like it written into the
MINU~$
BOARD OF ADJUST~NT
P~GE THREE
~ECEMBER 23, 1974
variance that this could only be used as a garage and a~ a
one story building. Chairman Ward stated this could be stip-
ulated, But it would only apply as long as Dr. Graves owns
it. Mr. Ryder added that it could be stipulated, but who
would enforce it. ~. Foley stated that he mainly objected
to going, up. M~. Beeltz informed him that once the first
floor was built and he has a variance, they could ~ot stop
him. Mr. Ryder pointed out that Mr. Foley's swimming peel
is close to the proposed garage and he didn't believe it
would look good.
Chairman Ward ascertained that no others were present either
in. favor or in objection to this application.
Dr. Graves questioned if it would make any difference at this
point if he had the documents in order and Chairman Ward re-
plied that he just questioned the dime~ions being o~tted.
Mr. Rutter informed him that usually this Board acts upon
rules and judges considering hardships. A self-created hard-
ship ishard to rule on and the members are also concerned
about the neighborhood and area. They do like to bend back-
wards to help people if they possibly can, if there is a real
hardship.
Ryder made a motion to deny the application, seconded By
Boeltz. Motion carried 5-0.
Dr. Graves questioned if he had any alternative open or if
the matter was closed? Chairman Ward replied that it was
closed now. Dr. Graves asked if they would consider another
application and Chairman Ws~d replied that i~ he submitted
another one, they would co~ider it.
M~. Cousins moved to adjoin, seconded by Mr. Ryder. Motion
carried 5-0 and the meeting was properly adjourned at 7:30 P.M.