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.