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Minutes 05-13-74MINUTES OF THE BO~RD OF ADJUSTMENT ~ETiNG HELD AT CITY H~ZLL, BOYNTON BEACH, FLORID~, MONDAY, MAY 13, 1974 AT 7:00 P.M. PRESENT Foy Ward, Chairm&u J. Lester Cousins, Vice Chairman Wal~er B. Rutter, Secretary Frank G. Lucas A1 Boeltz Simon Ryder, ~Alternate Jack Aitken, Building Department ABSENT Ezell Hester, Alternate Chairman Ward called the meeting to order at 7:00 P.M. and introduced the Recording Secretary, the Building Official, and the Members of the Board. The M~nutes of April 22, 1974 were read. M~. Rutter made a motion to accept the minutes as read, seconded by ~. Lucas. Motion carried 5-0. Ps. rcel #1 - Relief from 60 ft. frontage requirement to 50 ft. frontage platted. Lot 68 Laurel Hills 2nd Addition Recorded in Plat Book 22, Page 1 Palm Beach County Records Address: 505 N. W. 7th Ct. Applicant: Richard D. Lambert Use: Single Fa~ly Residence I~. Rutter read the above application and informed the Board the reason being requested was that homes are on both adjoin- ing lots and the one home adjoining is presently on a 50 ft. corner lot. Chairman Ward asked if a s~vey was attached to the application and ~. Rutter ascertained there was none and ~. Aitken added that he didn't hs~-e any in his file either. Chairman ~ard stated that the application does request a sur- vey1, but none is with this application. Mr. Richard D. Lambert stated his name and his address as 2112 N. E. 3rd Street, Boynton Beach. M~. Lambert informed the Board that he did give a copy of the plat to the City Cl~rk. ~r. Rutter stated that he did have this, which was a gener~ layout of the neighborhood, etc., b~t what Ward requested was a survey of the exact lot. ~. Lambert stated that he did not think this was necessary and did not go to the additional expense. MINUTES B0~&RD OF ~DJUST.~fl~NT PAGE nO ~[~Y 13, t974 Mr, Boeltz asked what size house was planned and ~z~, Ls~bert replied that he did not know. M~. Lucas asked if he planned to sell this lot and ~M. Lambert replied not necessarily, but that he did~not de~ it, Mr. Lucas questioned if he was aware of the ordinance when he purchased the lot in F~rch, 1971 and Mr. Lambert~ ~ , rep~ed. No. M~. Lucas stated the real estate should have !advised him of this and Mr. Lambert replied that he was the real estate agent. He continued that at that particular time, he was under the impression there was more or less a technicality, Mr, Lucas informed him the ordinance was changedin I962 and people who purchs~ed prior to that are given additional consideration. He questioned if he was a builder and F~. Lambert replied: No. Mr. Rutter asked if adjacent property could be acquired and ~. Lambert replied: No. Chairman Ward asked if he planned to build, Mr. Lambert stated that he could not make plans until he found out about this lot, but had contacted some Builders. He stated he could put an attractive home on this sized lot, as there are some others in the area. It is a large lot, but is just shy in the frontage, Mr, Ryder referred to a new home right to the north of this lot and asked Mr. Lambert if he was involved with it and Mr, Lambert replied: No. ~M. Ryder asked if the home on the corner was Built when he purchased the lot? ~. Lambert replied that it was his ~mderstanding that this corner lot was offered to the ori~inal owner of his lot, M~, ~der questioned the size of the corner lot and ~, Lambert stated it was 50 by 150 feet. ~. Rutter asked ~, Ls~Bert what he paid in taxes per year on this lot and F~. Lambert replied they were somewhere around $50°00. Mr. Lucas stated this was not a hardship. Mr. Lambert bought into something without investigating it, thus creating a hardship himself. ~. Ryder agreed that he was now confronted with. a hardShip. ChairmanWard asked if anyone was present in favor of this applicationand received no response. He then asked if m~y- one was present in opposition to this application. Mr. Arden Hyde stated his name and that he lived on the prop- erty across,the street. He informed the Board he had brought in a petition signed by the neighbors in this locality. Mr, Lucas questioned the size lot his house was built on and M~. Hyde replied that his lot was 15o ft. He stated that he had gone to a great expense to ms_ke sure property wasn't close to h~m. He added that the lot in question was acquired quite recently. ~M. Lucas assu~d that he accumulated land before building and Mr, Hyde assured him that was correct, MINU~S BOARD OF ADJUSTmeNT PAGE T~E M~.Y 13, 1974 ~M.. Rutter referred to the petition where it stated if the variance was granted, it would lower the property value in the area. He stated that he had seen many good loo ~king small homes that were a credit to the area and some large homes that had a lot to be desired. Possibly when Mr. Hyde built,~he had the opportunity to obtain additional property, but this is not the case now. This is very diffi- cult for the Bo~d to decide. As an owner of the piece of property, the owner is paying taxes on it. What should he do with the!vacant property? ~. Hyde stated that he would like additional property and had approached Mr. Lambert about buying half the lot. In the meantime, he would try to locate the man on the corner and possibly the two of them could Buy the lot. Mr. Hyde added that he didn't thi~k a house squeezed in between would look good. He questioned the minimum size house for this area and Mr. Lucas informed him it was 1,000 feet. Mr. Ryder questioned all this, since ~k~. Hyde stated he lived across the street. ~. Hyde cls~ified that his son lives in the adjoining house and he planned to move into it. He added that he intends to sell the house he presently lives in across the street and move to the house next door. ~. Lucas questioned if he desired to purchase this 50 ft. lot for his own use and Mr. Ls~bert replied that he wanted to b~ half and possibly the gentleman on thelcorner would be interested in the other half. He added that he thought the corner house went through the Board of Adjustment in 1972. The corner house was built on a 50 ft. lot. He stated he could not figure out how anyone could have allowed this to be done if a survey was made. He was glad the Board had asked for a survey in this~application. If you don't ~ow the size of the house, you cannot kmow where the house is going to sit. The man on the corner could have purchased this at a reasonable price, but he passed it up. He stated he did not know why he built on a 50 ft. lot, even though it is a nice home. Two wrongs don't make a right though. ~. Lucas stated that he checked the variances granted and it must have been prior to 1972. One man applied in April, 1972, but was turned down. ~. Hyde stated possibly it could have been granted prior to that. He added that his house was started in April, 1972 and the corner house was started later. Mr. Boeltz questioned if ~[r. Lambert would be willing to b~v 10 feet from ~. HYde. Mr. Lambert informed the Board that ~. Hyde did not want the house closer to him. He stated he had talked to ~r. Hyde and agreed that he would contact him first before anything was done with the lot. He added that he didn't believe the man on the corner would be interested and agreed with Mr. Hyde that he didn't know how that house got built either. MINUTES BO~D OF ~JUSTMENT PAGE FOUR M~¥ 13, 1974 ~. Ryder questioned if he kmew for a fact if the house on the corner was set back only 6 feet and. M~. Lambert replied that he did not Y~ow. ~. Ryder stated that the rear of the corner house would be kind of close. Possibly if he built a house on ~this lot, it would only be 12 feet from the rear of the corner house, if the 6 ft. setback is adhered to. ~*~. Lambert stated this was true, but obviously the corner house stuck with the setbacks or they wouldn't have gotten a permit, iA house on this lot would be quite close to the corner house. ~. Cousins asked about how many houses were built on 50 ft. lots in this area and ~. Lambert replied that in this parti- Mr. Hyde added that there was Cousins stated that someone subdivided ~it for 50 ft. lots to build houses on and this was true up until ~962. Then the ordinance was passed stat- ing an owner had to get a variance granted to build on a 50 ft. lot. If a fellow bought a lot 20 years ago, it would not be fair. There are literally thousands of 50 ft. lots in the City and if they can't be built on, we would have a lot ~f vacant lots. Chairman Ward added that the hardship must be stated. ~. Hyde added that he was advised of this when he came here in 1972 and made sure he bought additional lots. Chairman Ward ascertained there was nobody else present to object to the application. ~. Rutterinformed the Board they had received 14 written objections and ~ in favor of this a~plication, including the petition. ~. Rutter made a motion to grant the variance, seconded by ~. Cousins. Motion carried 5-0. A woman in,the audience asked for clarification of the 1962 ordinance and the purpose of it. Mr. Lucas stated the City Council requested it and it was just a zoning change in gen- eral. ~. iBoeltz added it was a zoning change for safety, air pollution, upgrading property and building, etc. It was basically under state l~s, which the zoning board fol- lows. Chairman Ward added that in granting these variances, a rider could be attached to it stating they only had so long to build, could not sell, etc. Parcel #2 - Relief from 60 ft. frontage requirement to 50 ft.. frontage platted. Lot 5, Block 17, Bowers Park Recorded in Plat Book 11, Page 57 Palm Beach Co 'n~y Records MI~YUTES BOARD OF ADJUST~NT P~GE F~E ~f 13, 1974 Address: Applicant Use: 132 S~ E. 7th Avenue Charles Ms~rone Single Family Residence Mr. Rutter read the above application and stated the reason it was requested was because these lots were originally laid out for small homes. ~e adjoining lots are built on. All lots in the area ~re 50 ft. lots, except the corner lots. Hie added he had a letter authorizing Herbert L. Eeatts to represent the owner, Elizabeth Cole. ~. McGregor stated his name ~md that he would represent ~. Keatts, since he was in the hospital With a heart attack. He added that he was employed by Mr. Keatts~ Real Estate Agency. He informed the Board that Mrs. Cole has owned this lot for 20 years and M~. Marrone wants to buy it. The adjoining lots are built on. Chairman ~ard asked if anyone was present in the audience in favor to this application and received no response. He then asked if anyone was present in objection to this application. Mr~ Charles Galconnel stated his name and his address as 136 S. Eo 7th Avenue~ located on the east side of this lot. He informed the Board the neighbor on the west had sent in a petition~oBjecting to granting this v~iance. ~. Boeltz questioned where this man should build ~nd what should be done with the lot. ~. Galconnel stated that he just wanted to state his objection. Mr. Lucas questioned if he and the neighbor on the other side would ~e willing to purchase this lot and Mr. Galconnel replied that it would be possible° ~. Cousins questioned how many houses on the street were built on 50 ft. lots~.and Mr. Galconnel replied that he didn't be- lieve there were any. Mr~ Cousins stated there were o~i- ginally twelve 50 ft. lots and M~ Galconnel informed him that there were just 6 or 7 houses. F~. Cousins stated that the~ everyone has built on more than a 50 ft. loto F~s. Maria Galconnel stated her name and that she was right next door to the vacant lot and objected to a house being built on it. It is~too small to build on and the neighbors could purchase it. She questioned who would tell them what to build on that lot. Mr. Rutter advised her it would have to conform to the building codes of the City of Boy,ton Beach. ¥~s. Galconnel stated the neighbor on the other side was un- able to attend, but did send a letter in objection. The lot could be split and the neighbors could buy it° Chairm~m Ward asked if she would be willing to buy it and ~so Galconnel replied: yes and added that both of bhem had dogs that MINUTES BOARD OF ADJUSTmeNT P~GE SiX ~'L~Y 13, 1974 barked and people in between wouldn't be happy. Chairman Ward remarked that this could even happen with a larger lot. l'.~s. Galconnel stated she was sure arrangements could be made for the neighbors on both sides to purchase it. She s~ded that Mrs. Lester Graham did sen~ a letter and M~. Rutter re- plied that he did have it. ~s. Leona Peach stated her name and her address as 140 S.E. 7th Avenue. She informed the Board her objection was based on the ordinance. The lot is just too small for a house. It would be a fire hazard, pollution hazard, air hazard, etc. Mr. Rutter questioned how it would be a fire hazard and ¥~s. Peach replied that trucks could not get to the rear. ~s. Helen Fallon stated her name and her address as ~46 So E. 7th ~venue. She informed the Board she was b~sically basing her objection on the 1962 ordinance based on the re~ sons given for this ordinance. ~. Rutter questioned her reasons'for this and if she thought the house would be detri- mental to the area° M~s. Fallon stated that she was new in the area, coming from New York City and came to this area where there is breathing room between the houses. N~. Rutter stated that he lived in an area with smaller lots and was perfectly satisfied. He stated it was impossible to foresee what an intended builder or buyer was going to do to the prop-. erty. The Building Department will m~ke sure that everyone adheres to all requirements. M~s. Fallon referred to the last case and questioned how only 6 feet was left in between. M~. Rutter informed her that no matter wh~t size the lot, the zoning is 6 feet, which they did adhere to. Mr. Cousins questioned the size of Mrs. F~lon's lot she informed him it was 75 x 125 feet, a corner lot with b~eathing space. ~. Lucas stated that this woman had owned the lot for 20 years and questioned what she should do with ~. M~s. Fallon reolied that '~ ~ ~ was her problem and Mr Rutter added that it was also the Board's problem. Lucas continued that she bought it when the ordinance was 50 ft. and she did not create the hardship. ~s.. F~lon agreed, stating the City created it. She stated she had faith in the City and that was why she was before the Board. Mr. Lucas pointed out that if Mrs. Cole built on it, they could not do a thing. M~s. Fallon remarked that it is being sold though. ~. Aitken referred back to the other property stating that possibly back in 1972 when the house was built, the side street was given for~an address. M~s. Falton stated that she felt the ordinance was created for a purpose and should be followed. The houses on the whole street are built on more than 50 ft. lots. MINUTES BOARD OF ADJUSTmeNT P.&GE SE~N M~Y 13, 1974 ~. Lucas stated that the fact was that this woman bought the lot 20 years ago and it was possible to build on a 50 ft. lot then. We hs~e to consider the pros and cons to- gether. Wehave to decide whether this woman should lose her investment and the taxes she has paid. ~. McGregor stated that if the adjoining property owners wanted to buY the lot, he was sure they could have it. He stated he had talked to one of the property owners before the meeting~and they were not interested. If they assure me they want to buy it, they can have it. Chairman Ward stated it could still be sold to them if the variance was granted. ~. McGregor stated that if the variance was granted, he would feel obligated to sell it to ~. Marrone. ~. Rutter suggested getting a contract from the people stat- ing they would buy it. Mr. Galconnel stated that he would have to think this over. Mr. Lucas suggested that the mo- tion could specify a certain time limit for the property owners to purchase before being sold to build a home. Chairman Ward asked if this!~would be agreeable and McGregor agreed, But ~o Galconnel stated again that he would like to think it over. ~z~. Rutter rems~ked that they were just trying to keep both parties happy. ~. Rutter stated they had received a written objection from Mrs° Margaret L. Graham. Mr. Rutter made a motion to grant the variance without any stipulations. Mr. Lucas seconded the motion. Motion carried 5-0. Mro Boeltz then rem~ked he thought a stipulation should have been included. Mr. Lucas stated he thought ~. McGregor was fair enough and if they went to him within 15 d~ys, he was sure he would go along'with it. M~. Rutter suggested that the people negotiate with ~. McGregor on a personal basis. i~s. Galconnel stated that the main point was that there is an ordinance and it has been broken. What stops them from building a com~ominium? Mr. Rutter replied that it was gov- erned by zoning and Chairman Ward added that this was some- thing that already has been zoned. M~s. Galconnel asked about segregation and Chairman Ward informed her that the Board did not enter into this. C ORRES PONDENCE Mr. Rutter read a letter from the City Manager in reference to the City Council directing that alternate members be able to enter into the discussion at meetings, but cannot vote. They stated their appreciation in hsz¢ing alternates attend, etc~ Mi~UTES BOARD OF ADJUST~NT PAGE EIGHT MAY t3, 1974 OTH~ BUS Ii~SS ~ard took the opportunity to extend thanks to the Chairman Building Department for checking various surveys when re- quested. Mx. Cousins recommended with vacation season comingthat the City Council be advised that the Board needs two or three alternates at all times. Chairman Ws~d suggested that the Secretary write a letter to the C~ty Council advising them of one vacsmcy and with vacations coming up, we s~e desper- ately in need of three alternates. ~. Rutter made a motion to advise the City Council that the Board has one?alternate member and due to the fact that vacations are upon us and in case of illness, we strongly request they appoint another two alternate members. ~. Lucas seconded the motion. Mo- tion carried 5-0. ~. Lucas announced that he would be absent from June 20 until July 14 and would be out of the City of Boynton Beach. ~. Rutter announced that he would be gone the last two weeks in August and the month of September. ~. Co, ins made a motion to adjourn, seconded by ~. Rutter. Meeting properly adjourned at 8:00 P.M.