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MInutes 07-22-74M~TES OF THE REGULAR ~ETING OF THE BOARD OF ADJUST~NT ~LD AT CITY NA~, BOYNTON BEA~, FLORIDA, MONDAY, JULY 22, 1974 AT 7:00 P.M. ~ENT Fey Ward, Chairma~ Walter B. Rutter, Secretary Frank G. Lucas A1 Boeltz Simon Ryder, Alternate DavidW. Healy, Alternate Len Schmidt, Bldg. Dept. ABSENT J' Lester Oousins, Vice Chairman (Excused) Chairman Ward called the meeting to order at 7:00 P.M. He introduced the recording secretary, building official amd members of the Board. He then recognized Vice ~or Roberts in the audience and stated he appreciated his attendance thisevening, MINUTES The minuteS of July 10, 1974 were read. Chairman Ward re- ferred to Page 1 amd the paragraph where he advised it was the opinion of the City Clerk, which should read it was the opinion of the City Att.erney to the City Clerk. Chairman Ward then referred to ~Page 2, Paragraph 2, and stated the City Manager's secretary advised him it was not proper for a citizen to approach the City Attorney on such matters. Mr. Boeltz attempted to clarify the voting proced~e as dis- cussed at this meeting. He referred to Mr. Ryder's reference of the 3-1 vote. He pointed out thatMr. Ryder did not get a second on his motion to deny Mr. Luiz's application. The Florida State Statute states you must have four members voting. Mr. Ryder replied that regardless whether the mo- tion to deny was seconded or not, the motion was then made to approve and then tabled, which is highly ~usual. He stated they don't turn down an application a~d then table it. Chairman Ward clarified that the motion to vote on it was withdrawn and then tabled. He added that Mr. Ryder could listen to the record to verify this. Mr. Ryder stated there was a 3-1 vote taken and how could this be withdrawn? Mr. Boeltz replied that it stated you must have four votes and he then read Florida State Statute ~7616. Mr. Lucas agreed that it was automatically turned down if~they did not get fo~rvetes. Mr. Boeltz added that they could not pass it or turn it down without four votes. Mr. Ryder questioned why they acted on it at all then and Chairman Ward replied that it was not acted om. Mr. Boeltz clarified that they could not do anything with it then, but table it. He stated again that he referred to this because Mr. Ryder had ques- tioned this in these minutes. MINUTES BOARD OF ADJUST~NT PAGE TWO ~JLY 22, 1974 Mr. Boeltz then referred to where Mr. Ryder stated he did not believe they could do anything with a non-conforming structure. To clarify this, he read Florida State Statute 17602. Ne stated he had researched this and believed this information would help. Mr. Ryder remarked that he didn't think he needed that kind of help. He believed they should stick to zoning as it is set up. Mr. Rutter stated that the Board of Adjustment must consider these things. He added that Mr. Ryder kept bringing this up, but this is the reason for the Board of Adjustment. Mr. Rutter made a motion to accept the minutes with the changes as read, seconded by Mr. Lucas. Motion carried unanimously. .L. UIZ APPLIQA. TION Mr. Rutter made a motion to remove the Arthur F. Luiz appli- cation from the table and take action on it. Mr. Lucas seconded the motion. Motion carried unanimously. Mr. Rutter read a letter in the f~rm of a petition signed by 15 neighbors in favor of this application. It stated since they were the neighbors most directly affected by the roof, they could not see what harm it would cause to anything er anyone. Other neighbors have them. Mr. and Mrs. Luiz are concerned with the looks and regulations of the neighborhood. They are an asset .to the neighborhood, etc. Chairman Ward stated that for the record, they should be re- minded that there was on, objection received when this was originally presented. He then passed out a drawing to each member relating to this addition. Mr. Rutter then read the following a~lication. Relief from 25 ft. rear setback requirement to 13 ft. rear setback to install screen porch with roof. Lot 13, Block 8, Woodcrest Manor Recorded in Plat Book 26, Page 88 Palm Beach County Records Address - 301 $. W. 13th Avenue Applicant - Arthmr F. Luiz Ne informed the Board the reason for this reguest was that the fleer and footing was pmt in when the house was ~uilt in 197~ and the plan was marked for a fut~e p~rch. He then read an attached letter from Mm. Luiz dated June 4, 1974. MINUTE BOARD OF ADJUSTmenT PAGE THREE J~LY 22, 1974 It stated they designed and built their home four years ago with the intention of putting in an omtdoor porch, but cause of finances they had net been able to de it until now. It was his understating that the contractor had taken care ef this four years ago, since the footing and fleering were put in, He cannot use jmst a slab with sliding doors. Rain ru~s in, drapes are faded, carpet is ruined, water comes in the house, leto. There is no screen, so the door c~et be opened. A iroof would solve all these problems. ~. Rmtter pointed out that in the radius of 300 ft., they had only received one objection and a petition with 15 names in favor of it. GhairmanWard then vacated the chair and requested Mr. Rutter to take over. Mr. Arthur F. Luiz stated his name and his address as 301 S. ~. 13th Avenue. Mr. Rutter asked if he had any additional information for the Board. Mr. Luiz stated he had given a plot plan to each member to consider aud he also had a photo- graph showing it e~actly like it is. Mr. Rutter pointed that the plan showed four houses with 12 ft. rear setbacks in the immediate area. Mr. Boeltz asked if the floor and footing existed on the ori- ginal plan given to the City and Mr. Lmiz replied that it did. Mr. Boeltz asked if it was approved and Mr. Luiz replied: yes. Mr. Ryder asked if they had gotten a certification from the Building Official the last time and Mr. Rutter replie~ that Mr. Aitken had a copy showing it approved taken from the files of the Building Department. M~. Ryder stated that whoever checked the plans did mot constitute any authorization this was an error by the inspector a~d he did not feel the Board should feel committed by this note. Mr. Rutter stated that Mr. Lmiz applied to build the perch based on the state- ments made by the Building Department. Mr. Ryder pointed out that in the rear of this property, the ~eigh~or does not have a 25 ft. setback as the house faces on the side street with 11 ft. In the plan, it shows this and they will ~e down to 25 ft. between the two houses and won't have the 50 ft. which was set up by zoning. You have a side setback in the rear with the neighboring house and that is less at 11 ft. Mr. Healy questioned if the house was built according to the original plot plan and Mr. Luiz replied: yes. He added that the photographs he had taken pointed out he was ~ot asking for a~ything that someone else did not have. His house looks like a sore thumb compared to the rest of them. Mr. Ryder MINUTES BOARD OF ADJUSTMENT PAGE FOUR JULY 22, 1974 remarked that eventually they would have a lot of sore thumbs. Mr. Nealy questioned if the future porch was shown on this plot plam and Mr. Lucas replied that the house is 25 ft. from the property line with or without the slab. 55r. Healy ques- tioned if the present slab would support this porch ~_ud Mr. Luiz replied: yes, a footer was put in. Mr. Boeltz stated he felt it was a hardship for Mr. Luiz. Mr. Boeltz made a motion to approve the variance, seconded by Mr. Lucas. Under discussion, Mr. Healy asked if the building was now non. conforming and Mr. Rutter replied: no. Motion carried 4-1, with Mr. Ryder opposing. Chairman Ward ascertained there was no f~her business and asked if Vice Mayor Roberts had anything to add. Vice Mayor Roberts replied that he just came to meet everyone. Chair- man Ward thanked him for coming and added they welcomed the attendance of a~y Co~ucil member at the meetings. Mr. Rmtter made a motion to adjourn, seconded by Mr. Lucas. Motion carried unanimously and the meeting was properly ad- journed at 7:35 P.M.