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MInutes 06-10-74 ~T~ ~ .M~U=~S OF THE BO.ARD OF ADJUST~NT ~-'~" ~ [~ETI~G HELD AT CiTY HALL, BOYNTON BEACH, FL©RIDA, MONDAY, JUNE ~0, ~9?~ AT 7:00 P. M. r~RESENT W~rd, Chairman J. Lester Cousins, Vice Chairman Walter B~ Rutter, Secretary Frank G. Lucas A1 Boeltz Simon Ryder, Altern~t~ Jack Aitken~ Bldg. Official ABSENT Eze!! Hester, Alternate Chairman Ward called the meeting to order at 7:00 P.M. and introduced the Recording Secretary, Building Oxfmc_al~ ' ~ and ~mbers of the Board. The Minutes of May 13 were _eam. ~ Rutter made a motion to accept the M~nu~es a.s read, second~ by M~e. Lucas. Motion carried 5-0. Parcel $1 - Relief from 25 ft. rear setback remuirement to 10 ft. rear setback to construct r6ofed screened porch. Lots 13 and~ 14, Block 20, Bowers Park Recorded in Plat Book 11: Page 57 Palm Beach County Records Address: 9t6 South Seacrest Blvd. Applicant: Frederic D. Eallonardo ~. Rutter read the above application and informed the Board it was requested due to the location on a corner with three setbacks, they have not been able to construct a screened-in porch of a suitable size to be used. I~s. Frederic Ea!lonardo stated her name and her address as 9~6 South Seacrest Blvd. She informed the Board that she has a growing family with four active children, two being teen- agers, and they need some place to entertain friends. ~o Cousins ~uestioned the dimensions of the porch she pro- ~osed to build and Mrs. Eallonardo stated it would be accord- ing to the print submitted and she believed it was 10 by 20 feet. ~. Ryder asked how long she had lived here and M~s. Eallonardo replied: five yeses. Mr. Rutter remarked that "U ~ ~ st a rough sketch was submitted, not on scale, and it looked like it would be t0 by 30 feet. ~. Ryder asked if she had double doors in the b~c:.m now and ~s. Eallonardo replied: no. ~Lr. Rutter pointed out if the porch is 20 feet and it is 10 MINUTES BOARD OF ~DJUSTMENT P~GE ~0 JUNE lO, 1974 feet from the porch to the rear of the property, she would be asking for t5 feet. I¢~s. Eallonsmdo stated that she has 30 feet in the back. Chairman Ward questioned the offset there and Mrs. Eallonardo replied that it was 5 feet. Mr. Lucas questioned if she had .any plans in the future to make this into a room and Mrs, Eallonardo replied: n0~ that she only wanted a patio. Chairman Ward pointed out that it could be stipulated in the motion that it could not be changed into a permanent room. Chairman Ward ascertained that there was noood~ present in ~ V favor to this application nor in oooosition. ~. Rutter stated that one written objection ~d been received. ~. Rutter made a motion to grant this variance with one stipulation and that being due to the size of this, that it strictly be used for a screened porch and in the future it could not be enclosed with a permanent wall. ~.~. Lucas seconded the motion, Motion carried 4-1, with Mro Cousins voting against. Parcel #2 - Relief from 25 ft. rear setback requirement to 20 ft. rear setback to enclose existing covered patio and add a bedroom, Lot t, Block 4, Sky Ranch Estates Recorded in Plat Book 26, Page 97 Palm Beach County Records Address: 3105 S. E. 1st Place Applicant: Marvin and Sandra Premer Mr. Rutter read the above application and informed the Board it was being requested.~because of a growing family with four children. ~. Marvin Premer stated his name and his address as 3105 S. E. 1st Place. He informed the Board they wanted to en- close the ~ ~'~ ex=s~mng patio and square off the property by add- ing another bedroom on the end. Chairman Ward questioned if the survey submitted with the application was correct and ~. Premer replied: yes, that it was from the original. Chairman Ward pointed out that the house is now non-conforming in the front and rea_~ then. This means this would have to be tabled. He then asked.~. ~emer how long he had lived here and Mr. Premer reolied: two years. Chairman Ward continued that it looked ~ike this would hs3¢e to be tabled to ascertain whether there has been v ~' b · ~. a az zance granted for t~ese non-conformities ~remer stated that he would not be building out any more and Chair- man ~ard pointed out that he would still be adding to a BOARD OF PAGE JO~iE i O, 1974 non-conforming structure. Mr. Aitken clarified that it is non-conforming since there is a 20 ft. front and 20 f%~ rear setback instead of 25 ft. The Chairman wants to look into this to see if a vsa~iance has been granted in the oast for this. Chairman ~d stated that he would not have-to reapply~, but it would be tabled to check on these non-conformities. He believed the building code stated he could not add to a structure that is non-conforming without a variance being granted and this must be ascertained first. !~, ~emer stated that he believed the zoning Code was different when this house was built. Mr. Lucas asked how old the house was and b~. i~emer replied that it was four years old. Mr. Lucas informed him that the laws were changed in 1962. Mr. l°remer stated that he evidently was mms~nzormed then. Mr. Aitken Stated that since it is a corner lot, the side yard could be t2½ feet, as long as it was the first one built. Chair- man Ward stated that it would still be non-conforming in'the rear. Mr. Cousins stated there was also a question as to what address the permit was issued to. Chairm~u Ward stated this would,have to be tabled until the next meeting, which he believed would be June 24. Parcel #3 - Relief from 25 ft. rear setback requirement to 20 ft. rea~ setback to construct screened patio. Lot 5, Block 23, Golf View Harbour, 2nd Sec. Recorded in Plat Book 27, Page 47 Palm Beach County Records Address: 2550 S. W. 14th Street Applicant: George L. Mager ~. Rutter read the above application and informed the Bo~d it was requested as air conditioning bothers the applicant and he needs a screened porch ~ ~ ou~s_de where he would not be bothe~em by insects. l~. George Mager stated his name and his address as 2550 S. W. 14th Street. ~. Ryder asked how long he had lived there and Mr. Mager replied: one year. Chairman W~rd ascertained that there was nobody ~ ' ~ ~resenv in favor to this application nor in opposition. ~. Rutter added that no written objections had been received. ~. Rutter made a motion to grant the variance, seconded by P~. Lucas. Motion carried 5-0. Chairman Ward stated that he would like to appoint someone to look into the · ' ~.~ non-conforming.. ~ situation at Sk~v Ranch ~sta~es. ~. Rutter recommended that M~. Ry~e~ ~ take care of this~ he is very capable. Chairman Ward stated they wanted to look MINUTES BOARD OF ~3)JUST?~'~T PAGE FOb~R JUNE 10, 1974 into the correct address, the address t -~ hej are going by and if a variance had been granted for these non-conforming sit- uations. He appointed Mr. Ryder to look into this and re- quested that he report on this at the next ~ ~ m~e~ng on June 24. ~'~. Rutter referred to people asking him questions in refer- ence to assessments, etc~ since he was a member of the Board of Adjustment. He referred to property owners in Leisure- viile having the front of their property on 8th Place a~d the rear of their property on 8th Street. It is a private road in the front and a city road in the rear. If the roads are improved, would they be assessed for both roads? Mr. Aitken replied that he believed they would. Mr. Rutter stated they wou±o, then have to pay for both streets and he always thought they would only have to pay for the street they faced on. He questioned even if it was not a private street, they would have double assessments and Chairman Ward replied: yes. M2c. Lucas brought up the question of alternates to the Board. Chairman V~ard stated he would write a letter to the City Counc_~ requesting more alternates, prexerabiy three if :oos- sible, to be a ~ ~' ~ ppo~nted, especially during the summer monZ~hs v~mtn vacations. ~s. Rose Preser stated her name and her address as t24 S. E. 29th Avenue and that she was present to speak in reference to the second application, but did not get a chance since it was tabled° She questioned whether she would have to attend the next meeting. Chairman ~ard replied: yes, but that she Could send in a written objection. ~Lrs. Preser stated that ~mer stated his hardship was a growing family~ but that he moved in~o this house with a family of this size. Lucas stated that this could be true, but with children grow- ing older a ~ ' · ~armsn~p could be created. ~'~s. out ~ ~ Preset ~ointed ~at he had only moved ~ ~ ~ ~n two years ago aha should have been able to look ahead. M~. Ryder questioned if there was more than one family living there, since he saw three cars parked in the driveway and ~,~s. Preset replied that she did not Lmow. She added t ha, she was sure they had gotten per- mission to oum!~ with the smaller yard I',~. Cousins pointed out if ~ ' ~e builder ~ ~ad gotten a variance for the two 20 ft. t se bac~s, that would be the e~.d o ~ f it and Mr. ~emer cou~ build. He continued that if the variances were cleared when it was built, there is nothing this Board can do. ~. Lucas added that if a variance was granted at the time it was ~ it is still legal and that is what must be checked. bu~_t, Chairman Ward informed her the Board was not aware of these non-conformities until this meeting and that is why it was tabled. M~s. ~eser questioned if it was all legal and it MINUTES BOARD OF ADJUST~v~NT JUNE 10, I974 was granted, would it be a law and everyone else could do it? Chairman Ward informed her that each case was considered in- dividually. Mr. Rutter pointed out that there were two w~s of looking at a hardship. Some people sell a house sad buy something larger instead of adding on. Mr. Ryder stated that the Board did not receive a response from the Lmmediate neighbor and they would be the ones more immediately involved. Chairman Ward stated the reason she was not called on at the time the application was presented was because it was tabled and if she is not able to attend the June 24 meeting, he sug- gested smt~mng her objection in writing to the City Clerk. ~s. ~eser asked how she would know if this was postponed? }~. Lucas ~eplied that the Board meets every two weeks depend- ing if applications are made. Chairman Ward stated he was aware that several applications had been made. ~. Rutter continued that they do consider the neighborhood, construc- tion of the houses, etc. M~. Aitken stated that the Members do check the sites. Chairman Ward suggested that she call the Bumld~ng Department to check when this application would be discussed. It possibly may be postponed if the reasons for the non-conforming uses are not found. M~s. Preser asked if she would always be notified of something such as this in the area and. }~. Rutter replied: yes, as long as she lived within 300 feet of the location of the application. Chair- man Ward stated that she would not be notified of this again, since it was tabled. ~-~. Boe!tz questioned if it was a hardship if someone gets a larger family, even though he created it? ~h~. Rutter referred to the law stating that a hardship is something not created by someone, t~. Boeltz ~uestioned the final ruling and M~ Rutter stated it could n6t be a self-created hardship and this is what the Bo~d must decide. ~. Lucas remarked that if you buy a piece of property, you must k~ow the zoning. Mr. Cousins requested permission to be absent from now until October 1. Chairman Ward granted permission reluctantly. Chairman Ward suggested to ~. Ryder that it may possibly be advisable to have ~s. Padgett check with the City Attorney about the non-conforming situation in the event that a vari- ance has not been granted. Mr. Ryder agreed. ~. Cousins made a motion to adjourn, seconded by ~k~. Rutter. Motion car_mae 5-0 and the meeting was properly adj ~ ~ ou_nem at 7:40 P.M.