Loading...
MInutes 08-26-74MINUTES OF HE BOARD OF ADJUST~f~NT MEETING HELD AT CiTY HALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 26, 1974 AT 7:00 P. M. PRESENT Foy Ward, Chairman Frank G. Lucas A1 Boeltz Simon Ryder, Alternate David W. Healy, Alternate Prof. Sidney Schwartz, Alternate Derle Bailey, Alternate (In Audience) Jack Aitken, Bldg. Dept. ABSENT J. Lester Cousins, Vice Chairman Walter B. Rutter, Secretary Chairman Ward called the meeting to order at 7:00 P.M. and introduced the recording secretary, building official and members of the Board. He then asked bk. Lucas to act as secretary in reading the applications. He then recognized Councilman Strnad present and welcomed him. The Minutes of July 22, I974 were read. Mr. Boeltz referred to Page 1 and stated it should read Florida State Statue 176.15. He then referred to Page 2, first paragraEh, stating it should read 176.02, Note 18, Paragraph 16. Mr. LUcas moved to accept the Minutes with the corrections as noted by Mr. Boeltz. Mr. Ryder seconded the motion. Motion carried 5-0. Parcel #1 - Relief from 25' rear setback requirement to 15' rear setback to install roof over patio Lot B, Tract 6 Golfview Harbor, 3rd Section Recorded in Plat Book 30, Pages 119 & 120 Palm Beach County Records Address: 2591 S. W. 14th Street Applicants: Mr. & ~s. Peter De Gironimo ~. Lucas read the above application and advised it was re- quested as they would, like to sit out on their patio with rain protection and shade and put a 3" roof over the present patio area. Mr. Peter De Gironimo stated his name and his address as 2591S. W. 14th Street. He stated the application as read was correct and it would just be like a carport. MINU~S BOARD OF ADJUSTMENT PAGE ~TWO AUGUST 26, t974 ~. Ryder asked if there was a slab there now and Mr. De Gironimo replied: yes. Mr. Ryder asked how long he has been there and Mr. De Gironimo replied since June 1 and added that it is not finished yet and is a new home, ~. Ryder stated that one of the Board's functions is to try to adhere to zoning whenever possible. He said he visited the site and noticed that nobody in the immediate area has such a porch. He questioned if he wanted a porch to begin ~with and Mr. De Gironimo replied: no, a patio was there. He stated they just wanted a roof over it and not a perman- ent room. Mr. Ryder stated 'that this is a fairly new area and it was zoned hopefully that it would continue on that basis with plenty of open air. He would not like to see similar installations in that area, as it would defeat the purpose of zoning. Mr. Healy questioned what type of construction was planned and Mr. Lucas informed him that no sketch was attached. Chairman Ward asked if he had submitted a plan and Mr. De Gironimo replied: no. Mr. Lucas questioned if he planned to put up screening and ~. De Gironimo replied: no and he also did not want an awning, but wanted a solid roof. Chairman Ward questioned if he had made application for this and Mr. De Gironimo replied: no, he did not, but the contrac- tor did for the roof. ¥~. Aitken asked if he had presented a p~an to the Building Dep~tment and ~. De Gironimo replied that HiCraft did. Mr. Aitken stated he was not aware of this and possibly it was submitted when he w~s on vacation. Mr. Lucas noted that it was signed by Jack Barrett. Prof. Schwartz inquired if there was any formal statement by the Building Department indicating this application had been denied and Mr. Lucas informed him that there was j~t the signature by the Building Official. Mr. Aitken clarified that anything brought before the Building Department that is non-conform- ing, they suggest the applicant take it befere the Board of Adjustment. Mr. Healy questioned if they denied a permit and Mx. Aitken replied that they refer it to this Board. They do deny a permit if it is non-conforming. ~. Healy questioned if there was a plan and Mr. Lucas replied: no, only an appli- cation has been made. Prof. Schwartz questioned if the ori- ginal plans for this particular house indicated the slab would be there and Mr. Aitken replied that he imagined it did, but as long as there were no walls, the whole yard can be concrete. ~. Lucas informed them that a 3" honey comb roof was planned and that was all. Chairman Ward asked if anyone was present in favor of this application. MINUTES BOARD OF ADJU~T~T PAGE THREE AUGUST 26, 1974 Mir. Howard Caravetta stated his name and his address as 2535 S. W. 14th Street. He informed the Board that he l~3es on the same block and has a screened-in porch on the rear of his house. ~He pointed out that Mr. De Gironimo was only asking for ia roof. Mr. Lucas asked if he applied before this Board ifor a variance and Mr. Caravetta replied: yes, approximateily in March of last year. Mr. Lucas checked the minUtes and advised that it was granted on February 5, 1973. ~. Boeltz iasked if he had been officially notified of this present application and Mr. Caravetta replied that he didn't think so, ~ut that he lives about six houses down. Mr. Ryder pointed out that someone also has a swim~ng pool on that block iand it comes about 3 ft. from the rear property line and this is what we are trying to prevent. Chairman Ward advised the members that Mr. Caravetta did not live in the affected area. Chairman ward ascertained that there was nobody else present in favor of this application, nobody present in objection and no writteniobjections had been received. Mr. Lucs~ moved to approve this application. Chairm~Ward announced the motion died for lack of a second. He then took a vote of these opposed to granting this application and he stated he.Would remain neutral. The vote was 4-1, with Mr. Lucas vo~ngt~ to grant the variance. Chairman Ward announced the application was denied with the vote of 4-1. Parcel #2 - Relief from 60! frontage requirement to 50' frontage platted - for single family residence Lake Boynton Estates - Plat #1 Lot 1, Block 7 Recorded in Plat Book 13, Page 32 Palm Beach County Records Address: 702 West Ocean' Ave. Applicant: Anthony Stallone Mr. Lucas read the above application and advised the reason for the request was that no additional frontage was available and the lot is 50 x 120 ft., zoned R-1. He then read a state- ment appointing Lambert Agency to represent Mr. Stallone. M~,. Ryder questioned if a survey was attached and Mr. Lucas re- plied: no, just a plot plan. Mr. Ryder remarked that he had not seen anything, the block is vacant. Chairman ~ard showed Mr. Ryder the completed application and Mr. Healy noted that just a subdivision plot plan was attached. MINUTES BO~RD OF ~DJUSTMENT PAGE FOUR AUGUST 26, 1974 Mrs. Ronalds stated her name and that she was from Lambert Agency representing ~'~. Stallone and Mr. Leonhart, who would like to buy this lot. She informed the Board that they had contacted the owner of the adjoining lot and he will neither buy nor sell and this lot is left with nothing to do with it. The buyer is willing to design a house to fit this lot. Mr. Lucas asked how long Mr. Stallone had owned this lot and ~h~s. Ronalds informed him that he purchased it April 6, 1972. ~. Lucas stated that the ordinance was changed in 1962. ~s. Ronalds then asked what they should do in a case like this? Many people own these sized lots and cannot do anything with them even though they are paying taxes. Do you have people in the area that must pay taxes worthlessly? ~. Boeltz in- formed her that they can't stop people from building, ~if it was plotted before 1962. If this 50 ft. lot is on record, it is pretty hard to stop a person from building a house as long as all setbac~ are met. Mr. Ryder stated that in the past, this Board has looked kindly on having these lots approved for a home. However, it was very' hard for him to reach a judgement though, as there are no other homes on that block. He would like to table this until they could get additional information. ~r. Lucas noted that Mr. Stallone owns Lets 17 and 19 on the same block. Mrs. Ronalds replied that these lots were not on the same block. Chairman Ward stated he did not believe it would be wise for a survey to be submitted with the additional cost to the pros- pective buyer, since the lot is plotted. Mr. Ryder stated he would like to know where it was located on the block. Chair- man ~ard said it was shown on the map that he did not care to look at previously. Mrs. Ronalds pointed out that the lot to the west is owned by Mr. Keyslack ~nd he will not se~l or b~y and the other side h~s also been sold. Mr. Anthony Stallone then appeared before the Board and stated his name and that he asked Mrs. Ronalds to represent him, as hs did not think he would be able to be present at this meet- ing. He advised that he had talked to Mrs. Padgett and she informed him that all the lots were 50 x 120 ft. on the whole block. Cur~s were put in years ago also. Mrs. Padgett ad- vised him to apply for a variance, so it could be built on. ~. Lucas questioned if the buyer would take two of his other lots on the next street and ~. Stallone clarified that he owned four 25 ft. lots on Ocean Ave. They are 25 ft. lots and there are four lots, but what would I do with this 50 ft. MINITTES BOARD OF ADJUSTMENT PAGE Fl~E AUGUST 26, 1974 lot? He did not know why this man wanted to buy this parti- cular lot. Mr. Lucas asked if they were all 50 ft. lots and which lots he owned and Mm. Stallone informed him that he o~ns seven lots in a row, 13 thru 19. Mr. Ryder remarked that these other lots could possibly be sold individually and ~. Stallone replied that somebody would not apply for seven variances and he was under the opinion that since he owned adjoining lots, he must put them together to meet the require- ments. PTof. Schwartz questioned if this subsequent p~mchaser of this lot planned to build a home on it and Mr. Stallone replied: yes, that he was ma~uing this application so he could sell this lot. Mrs. Ronalds added that she had the contract with her. Prof. Schwartz questioned if when he purchased this lot, was he aware of the ordinance that he could not build on it and Mr. Stallone replied: no. Prof. Schwartz questioned if when he purchased th~selots approximately two years ago, had he inquired about building on the lots and Mrs. Ronalds stated that when he purchased this property, it was all from an es- tate. Mr. Stallone added that it was all one package with the lots separated like this. Mr. Ryder remarked that if he had referred to the ordinance that he would have discovered this. Mr. Stallone stated they possibly believed since it was plotted before the ordinance, it was buildable. If he had adjoining lots, he would gladly sell it~together. He has had two separate real estate agencies try to purchase the adjoining property. He thought possibly it would be considered., since additional ground could net be purchased. Mr. Ryder stated they have gotten the story very often from applicants that property is not available and it turns out it is. ~. Lucas read Boynton Beach Code 3112 regarding substandard lots ~n record. ~r. Stallone stated that this goes back to what was said in the begiaming that sinc~e it was platted prior to 1962, you could build on it. Chairman Ward thanked Mrs. Ronalds and. ~. Stallone. He then asked if anyone was present in favor of this application and received no reply. He then asked if anyone was present in opposition to this application and the following people appeared before the Board: ~. John P. Kneib~ stated his name and his address as 517 Industrial .avenue. He advised that he was a contractor and had to buy six lots in order to build homes in that area. He questioned if 702 West Ocean Ave. was a corner lot and Mr. Aitken showed him on the map where it was located. MINUTES BOARD OF ADJUSTMENT PAGE S IX AUGUST 26 , 1974 Mr. Victor Cooks stated his name and his address as 654 West Ocean Avenue and that he objected. Firs. Dorothy McKendricks stated her name and her address as West Ocean Avenue. She informed the Board that she objected since all the lots are larger in that area. ~. Boeltz pointed outlthat Mr. Stallone was unable to purchase a.ddi- tional ground. Mss. McEendricks questioned what weald happen with~the other 50 ft. lots in the area and added that it would also make adifference according to the size of the house planned. Mr. Boeltz replied that he must meet setbacks. Chair- man Ward referred to the Code statinghe was allowed to build, if additional property is not available. Mr. Boeltz pointed out that this was plotted before 1962, but if it was plotted now, he would have to buy additional land. Mrs. John Kaeibel stated her name and questioned if one man in this town was allowed to build on a 50 ft. lot, what would happen to everyone else who has a 50 ft. lot? Mr. Lucas informed her that they mast go by the Code whick states if they have a 50 ft. lot plotted before 1962, they are able to build. Mrs, Kneibel stated she was referring to everyone in the City of Boynton Beach. If this is so, this even goes up into colored town and if they find out, you are going to have a problem on your hands. Mr. Lucas informed her that it is a rule and it is up to the City Council to change it. mMr. Healy questioned if this lot was sold to an individual, would he only build this one home and ~. Lucas informed him he could put this stipulation in the motion. ~s. Kneibel con- tinued that there were lots right down from this one that they refused to buy because they could not build on them. Mr. Lucas stated that her situation was different. Chairman Ward questioned the size of their lots and Mrs. Kneibel re- plied they were 60 x 80 ft. and 60 x 120 ft. Mr. Healy questioned if the ~uyer of this lot understood he has to build a 1,000 square ft. house on it and ~s. Ronalds replied that the buyer wa~ aware of this. Chairman Ward pointed out that he could stipulate this in the motion. ~. Healy continued that he didn't think it would be fair to deny any man the right to build on his land, as long as he complies with the code. He didn't believe they had the power to deny the man to build, but it would be up to the Building Department to deny if he didn't conform. Mr. Ryder stated his feeling was that this code was meant to apply in populated areas where the owner could not do anything with it, but he didn't agree that it should be enforced in vacant areas such as this. MINUTES BO~RD OF ADJUSTMJ~NT PAGE SEVEN AUGUST 26, 1974 Mm~. Healy stated if the party who is going to purchase this lot understands this and they will comply with the building regulations.to build a house in compliance with the Building Department, lhe moved for the approval of this application. Mr. Boeltz Seconded the motion. Motion carried 4-1, with ~. Ryder voting against. Parcel #3 - Variance to expand a non-conforming use by reason of a dwelling on a non-conforming 50 ft. lot. All setbacks are conforming. Boynton Heights Lo'ts 40 & 41, Block. 4 Recorded in Plat Book 10, Page 64 Palm Beach County Records Address: 115 N. W. 1st Avenue Applicants: Joseph D. & Nina S. Boles Mr. Lucas read the above application s. nd informed the Board it was requested as the present dwelling has no facility for storage, washing machine, dryer, lawn equipment, etc. They would like to add a utility room and screened porch per the sketch attached. Mr. Joseph~D. Boles stated his name and his address as 115 N. W. 1st Avenue. He informed the Board that he was hard of hearing andlrequested that his daughter-in-law, ~Ms. Betty Boles, be allowed to represent him. ~[rs. Betty Boles stated her name and her address as 145 S. E. 9th Avenue. Mr. Lucas asked when this was purchased and Mrs. Boles replied in June, I973. ~. Lucas questioned the age o£ the house and I~s. Boles informed him that it was 20 years old. Mr. Lucas stated that when it was built, it was in con- formance with the zoning at that time. He then asked if they had 75 ft. in the back and Mrs. Boles replied: yes. Chairman Ward thanked them both and then ascertained that there was nobody present in favor to this application, nobody present in opposition and no written objections had been re- ceived. ~. Ryder made a motion to approve the application,~seconded by Mr. Healy. Motion carried 5-0. OTHER BUS I~]ESS Prof. Schwartz stated he was a new member on this Board and would like ~o make some suggestions. First, he felt it was extremely difficult to pass judgement in these matters with- out each member having a copy of all papers. He suggested MINUTES BOARD OF ADJUSTI~]NT PAGE EIGHT AUGUST 26, t 974 that the Chairman insist that at least photostatic copies of each application be made, so each member can review it con- veniently without looking over someone else's shoulder. Second, he believed the Building Department is necessary for this Board and believes they should make some notations in reference to these applications as to why they are before this Board. Third, he asked the Chairman to ask the City of Boynton Beach to purchase one Florida State Statute, so they could refer to it at th~semeetings and also each member should get a copy of the ordinances. Chairman Ward advised him that he could get copy of the ordi- nances from the City Clerk. This also applies to the State Statutes. He stated that as for the other recommendations, the Chair refuses, but he could put it in writing to go be- fore the Council. Mr. Ryder stated that he thought they were left with the re- quest that each member be provided with a copy of the appli- cation° He then questioned if this went before the Council. Chairman Ward advised that somebody had to authorize this and it is a lot of work for the City Clerk. .Prof. Schwartz stated that the a~plicant should be made to do this. Chairman Ward informed h~m that all the applicant supplied is the applica- tion. Mr. Ryder stated that these copies should be made at the expense of the pe~t~ioner. If the Chairman feels we have to go to the Council, let's do it! Chairman Ward stated he didn't think this Board has the power to request the peti- tioner to do anything° Mr. Ryder remarked that it would be kind of useless for them to come before the Board and the Board wouldn't know what they were talking about. Mr. Ryder continued Shat he did~'~t choose for it to go to the City Council, but will move in that direction to apply to the City Council that petitions of this kind with sufficient informa- tion be given to each member including surveys, applications, etc. Mr. Aitken stated that he was under the assumption that each member did get a copy of this and Mr. Ryder informed him that they only received a copy of the agenda. Mr. Lucas stated he felt it should be requested through the City Mana- ger. Chairman Ward stated they were here to serve at the pleasure of the City Council and did not feel they should set regulations. Mr. Ryder stated he felt M~. Lucas' sug- gestion was a good one and amended his motion that they should go through the City Manager. Mr. Ryder then made the motion for this Board to approve a request made to the City Manager that it be authorized that the City be required to provide each member of the Board of Adjustment sufficient copies of surveys~ accompaning data deemed necess~y, etc. in connection with petitions brought before the Board of Adjustment. Mr. Healy seconded the mo- tion, staving he thought they should get all information. Mi~CJTES BOARD OF ADJUST~-~NT PAGE NISqE AUGUST 26, 1974 Mm. Aitken then informed Prof. Schwartz that he was present as a substitute for Mr. B8~rett and his instructions were to answer specific questions and not make comment. Prof. Schwartz replied that the Building Department, by way of a memo, should notehow they feel after reviewing an applica- tion. Mr. Aitken informed him that the Building Department goes by the comments made by this Board. Chairman Ward questioned if the members felt it was s. atisfac- tory to have these minutes take the regular course and let that give notice to the City Manager. He added that he would like to appoint ~. Ryder to D~$sent this to the City Manager. M~. Ryder replied that as soon as he received a copy of the minutes, he would make an appointment with the City Manager. ~. Derle Bailey then introduced himself to the Board and informed the members he was appointed as an alternate member last Tuesday night to this Board. He then stated he was con- fused as to his position as an alternate member. Chairman Ward stated they were happy to have him. Mr. Lucas stated he was to attend every meeting. He pointed out that he was allowed to sit on the Board and question, but was not allowed to vote. Chairman Ward clarified that they were technically under order to have the alternate members sit on the Board. Previously, alternates sat in the audience until called. We are happy to have you with us. In the absence of a regu- · lar member, you would sit in and vote. Mr. Lucas added that in the absence of a regular member though, the alternates that proceeded him would be called first. The three gentle- men on the left are all alternates. You are the fourth al- ternate and it is rather remote that you will ha~e a vote, but you are invited to sit on the Board ~ud question. Chair- man Ward ad~ed that they planned to meet with the City Attor- ney and clarify this procedure. As soon as the regular mem- bers return, we have an appointment with the City Attorney to straighten out these procedures. The members discussed further the actual duties and position of alternate members. Mr. Lucas made a motion to adjourn, seconded by M~. Boeltz. Motion carried 5-0 and the meeting was properly adjourned at 8:o5 P. ~.