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Minutes 04-22-74MINUTES OF THE BO~RD~ OF ~^~TTT~r~=~ ~ ~TING HELD AT CiTY HALL~ BOYNTON B~CH~' ~ ~ FLORIDA, MONDAY, APRIL. aa~ ~974, AT 7:00 PRESENT Foy Ward~ Chairman J. Lester Cousins~ Vice Chairman Walter B. Rutter, Secretary Frank Go Lucas A1 Boeltz Simon Ryder, Alternate Jack A~tken Bldg' Deot. ABSENT Eze~ Hester, Alternate Chairman Ward called the meeting to order at 7:00 P.M. and introduced the Members of the Board~ the Building Official and the Recording Secretary. The ~mnuteo of April 8 were read° ~. Cousins made a motion that the Minutes of April 8 be approved as written. ~. Rutter seconded the motion. Motion carried 5-0. Parcel #~ ~ Relief from 8 ft. side setback requirement to 2 ft.~ 6 inches side setback for screened pool area only Lots 33 and 34, Block 6 Boynton Heights Recorded in Plat Book ~0~ Page 64 Palm Beach County Records Address: 305 West Ocean Avenue Applicant: Paul B. Stuewe .Mr. Rutter read the above application and informed the Board that this request was made because ~. Stuewe is 10~ disabled~ service connected disability veteran. This requires a ramp into the pool area which takes up extra space. He needs ex- tra room to get around the pool area. M~r. George M~ller stated his name and his address as 2019 South Seacrest Blvd., Boynton Beach~ He informed the Board he was a friend of M~. Stuewe and was present to represent him, since he is unable to get into this room. Mm. Cousins asked if the pool was existing and .~. Miller replied: Yes, he just wants to widen the area a_o-~ndw ~ the _oool so the wheel chair can fit. The pool is for exercise. Mr. Cousins asked how far the pool was from the property line and Mm. Aitken informed him that Jack Barrett measured this ~_ud the measure- ments shown on the map are from the existing fence which is inside the property line about 1 to 1½ feet. With the fence being in from the property line, ~t is at least 3'6~. The fence won't be moved, which is in from the property line now. MINUTES PAGE T~iO BO~D OF ADJUST~-~NT APRIL 22, i974 Chairmai~ Ward ascertained that nobody was present either in favor or in objection to this applic~tion~ Mr~ Rutter added that no ~itten letters had been received in refere~e to it. Mr. Rutter made a motion to grant the variance and it was seconded by Mr. Lucas. Motion carried 5~0~ Chairman Ward ~nnounced that the follow~ng application had been tabledtwo weeks ago and the apolicants were present for reconsideration~ '- Parcel #2 ~ Relief from 25 ft~ rear setback requirement to 2~ ft. rear setback~ to ~llow for a room addition Lot 7, Block ~5~ Golf View Harbour, ~st Sec. ~ ~ Page 178 Wecorded in Plat Book Palm Beach County Records Address: 256t S. W. t~ Street Applicant: Alcur Mfg. Corp~ for Mr. and Mrs~ John Roche J',h'". Bernard Casey submitted an authorized survey to the Board. He informed the Board they had shown 23½~ on the original print~ but it is 25'. ~. Lucas referred to the minutes from the previous meeting and informed the Members that they had requested 4~ off the back to allow for a room addition. We questioned the setback in the front at the last meeting~ ~,~. Rutter stated that this has been an existing problem with the builder of that conm~_~unity with laying a slab down. We are of the opinion that the builder should ma~ allowances when building the house. .I think we discussed this the last time you were here ~ Lucas ~ · · a~.ded that in the past~ the Board had given ?~. Barrett the authority to turn down cases such as these from this builder. I~. Aitken asked which builder the Board meant and M~. Rutter replied: Golfview. M~~. Roche appeared before the Board and stated the home was built by Kingsberry Homes~ which have only built a couple homes in the area. Chairman Ward informed him their problem has been with other builders and with putting in these slabs and stating they only had to come to the Board of Adjustments for a variance. ~ Roche continued that when he bought the house, it was a model about one year old. A neighbor told us they had a screened-in room up, but had to take it down. Mr. Elliott, the Building Inspector from Boynton Beach, came about two years ago and he told us he felt there would be no problem if we wanted to screen it in. i didn't feel this would be the type of a structure that would not be acceptable. Chairman Ward replied that he thought ~. Elliott went a little out of his field making such decisions more or less for this Board. ~. Roche stated that he did say we would have to apply to the Board of Adjustments, but he felt it would be granted. MIi~WJ TES BOARD OF ADJUSTMENT PAGE ~=w~ APRIL 22, 1974 Chairman Ward ascertained that nobody was present either in favor or in objection to this application. ~o Rutter added that no written letters had been received in reference to it. ~. Lucas made a motion to grant the variance and it was seconded by~,~. Rutter. Motion carried 5-O. CO~JNiCATIONS M~. Rutter read a letter dated April ~0 written to the Members of the CitylCouncil~ to the attention of the City Clerk from Chairman Foy Ward. it stated that the Board of Adjustment voted in the meeting of March 25 that i notify you in writing of the absences of Ezel! Hester. M~o Hester has been absent from all meeltings this year, Please advise the Board of yo~ decision in !this matter° M~ ~. Rutter then read a newspaper article from the April 18 dmtmon of The mxammne~in reference to City Boards getting Council ruling. Ail City Boards shall be notified that the City Councili passed a motion that a meeting is extended to al~ 1~ ~ a ,ernazes. If an alternate is absent three times, he will be .eo!ace~. This. was brought to the attention of the Co~ncii by an alternate member of the Board of Adjustment. Simon Ryder told the Council he was not allowed to contribute to the d .~scussmons° Tne Council expressed their disapproval of th~s and -- sta~ed a~ a!ve_nates should be able to oartake in the d -~cu~slons~ but not vote. DIS CUSSION in reference to the newspaper article, Chairman Ward announced that this Board has not been novmfmed of this action by the City Ceuncil. I don't believe M~o Ryder has been t~rottled and he has been able to speak and I hope the impression was not given to the Council otherwise. ~o Cousins stated this would give the alternate the right to speak~ but this is not according to the Roberts Rules of Order. M~. Ryder stated that I~. Hester apparently decided not to come becausehe could not ~si~taKe in the meeting. ~{~ Cousins stated ~ ~ ~h~t he was not aware of the background of this. Ms.. Ryder answered that he was aware of the corresoondence that he wouldn,t attend unless a member is absent. - ~. Cousins stated that he was an alternate for over a year and checked the sites, etc. and just sat in the audience kept quiet. Chairman Ward pointed out that he thought M~. Ryder was the only alternate they had allowed to sit up on the Board. }~ Ryder stated that he wa~tem to be h arm and had high respect for the Members. Chairman Ward stated that m~ybe they houim resign and let him take over° Mm. Ryder MI~VJ TES BO~tRD OF ADJUST~.~NT PAGE FOL~R APRIL 22, ~974 replied that it just should not be the case for an sAternate to be quiet. ~. Rutter added that when he first cs~e~ he was advised to listen to see how the Board came to decisions to know the difference in judging and describing and know the background. I think all of us on the Board have tried to be very helpful to eaCh other in accomplishing the end result. I can see your position, especially since a permanent member was appointed after you became an alternate and possibly you felt you should be that regular member. I don't know too much about'the rules however~ Mr. Cousins referred to the alternates, rights and if the Council has resolved to give the alternate a hearing, we must go by that. Chairman ~ard added that~he had already been late and sat in the audience keeping quiet and had not asked an alternate to leave his place and Mr. Lucas agreed that he had done the same. P~. Ryder stated that he has a lot of experience in these matters and does not intend to sit like a mouse for a year. Chairman~ard replied that he should have told the Council p = he wanted to be a regular member. ~. ~ymer stated that they had just asked him to be an alternate. I am experienced with these thi~s and cannot understand how the City would send out an irspector to measure property~ etc. Chairman Ward informed h~ that this was not a problem of this Board and asked him what Boards he had experience with? Mr. Ryder stated he Was famm~ma~ with zoning. I was Director of Engi~ neeri~ in iNe~ York. ! had 200 engineers. I never sent a man out to!measure property~ etc. Chairman Ward stated that being an ~ ~ eng~eer does not qualify you, what Boards have you served on? ~,~. Ryder answered that he was just saying that he was not!an amateur and did not plan to sit around. Mr. Cousins made a motion to adjourn and it was seconded by Mr. Rutter.i Meeting properly adjourned at 7:30 P.M.