Loading...
Minutes 02-25-74 M~UTES OF TM BOARD OF ADJUSTMENT M~ETING HELD AT CITY' HALL, BOYNTON BEACH~ FLORIDA, MONDAY, FEBRUARY 25, 1974 AT 5:00 p.M. Foy Ward, Chairman Jack Aitken, Bldg. Dept. J. Lester Cousins, Vice Chairman Vera Lewis~ Bldg. Dept Frank G. Lucas · A1 Boeltz Simon Ryder, Alternate ABSENT Walter B. Ezell Hester, Alternate Chairman Ward called the meeting to order at 5:00 P.M. and introduced the members of the Board and Building Department. He announced that ~. Davis from Boca Raton was present and it would be helpful to consider Parcel #2 first. Parcel #2 - Relief from 75 ft. lot width requirement to 50 ft. lot width platted, with additional adjacent area, making total area 10,300 sq ft. Shepard Addition, Lot 5, Block 3 Recorded in Plat Book 2, Page 59 Palm Beach County Records Address. Applicant: USe: 111N.E. 4th Avenue Henry Roberson To build d~plex Mr. George Davis stated his name and his address as 312 S. Federal Highway, Boynton Beach. He informed the Board he was an architect and was representing Mr. Roberson. Ee as- certained the Members had plans to consider. The problem is that he has a 50 ft. frontage lot on N.E. 4th Avenue and also has a piece in the back. He will comply with all re- quirements. He has more than enough area for two duplexes. The frontage of the rear unit in the back would be 10 to 12 feet from the line. Mr. Barrett agreed it would meet side setback. It is a peculiar shaped lot. Mr. Cousins asked what percentage of coverage he planned and Mx. Davis replied that he assumed less than 3~/~. The total area is 10,300 square feet and the minimum size for-a duplex is 7,500 square feet. ~. Cousins pointed out that 6 feet on the side is a small amount and Mr. Davis replied they could move it to 10 feet, but 6 feet is what is required by zoning regulations. ~M~. Cousins continued that when you have a chance to increase a side yard, you should take advantage of it and ~. Davis agreed. Mm. Ryder stated that on the west MINUTES BOARD OF ADJUSTMENT ~ETING PAGE TV~O FEBRUAR~- 25, 1974 side of this lot is a building that has a projection on the back out about 10 feet.~ Mr. Davis said just guessing that it would be about the middle of the front duplex and showed on the plan. I believe Mr~ Roberson owns that b ~ ~' u~l~ng and intends to take that projection off. Mr. Lucas asked if M~. Roberson owned any other property here and Mro Davis reolied that he was not sure and clarified the location of the ~ther building on the plan further. I believe he owns Lots 7 and 8. ~@. LUcas stated that he acquired this lot on December 6, 1973, so it was a recent acquisition. M~. Cousins stated that the ~urveyor should have shown any encroachment on the survey. Chairman Ward ascertained that nobody was present in favor of this application. He then asked Mr. Cousins to read several letters received in opposition to this application. Mr. Cousins read a l~tter from ee~el ~. Sterling, 121 NoE. 3rd Avenue, stating that after looking over the 'size and lo- .cation of ~1 ~ N.E. 4th Avenue and in view of the crowded con- ditions close by and feeling that a variance is unwise, I wish to go on record as opposing this duplex. ~. Cousins r~ad a letter from Ethel Ao Coleman, ~24 N.E. 4th ~venue, stating t wish to go on record as an objector to changing the width requirements on Lot 5, Block 3, on the groundS that if a variance is granted to one, it will set a precedent for everyone else. In addition, there is already a congestion of parked cars on 4th Avenue and a mul- tiple dwelling would increase this. ~. Cousins read a letter from Miss Ethel ~. Lambert stating that as a ~esident of this location for 35 years, we are not in favor of more buildings as the traffic is congested. This street is only one block l~ng and the traffic is very heaVy° Ten cars are parked at ~04 N.E. 4th ~venue. ~. Cousins read a letter without a name stating objection to this application for use to build a d~plex because it will cause overcrowding of cars on the narrow street. Traffic is heavy on the street because it is being used instead of 2nd Avenue to avoid the traffic light on Seacrest Boulevard. The parking situation is bad too, since most families have more than one car. - Chairman Ward stated that in reference to the parking men- tioned in these letters, it must be taken care of as we now have off-street parking regulations. He then requested any- one present in objection to this ~application to .appear before the Bo~rdo MI~TES BO~RD OF ADJUSTMENT ~ETING PAGE THREE FEBRUARY 25, 1974 Mr. William D. Cavanaugh stated his name and his address as 140 N.E. 4th Avenue. He informed the Board that there is an older building adjacent to this lot and there is not space for parking cars. With additional duplexes, there will not be room for par~king. There are also at least ten good sized trees there and they will have to be taken out and that is not good now. There is a 100 year old man living right next door and I don't think it would be good for him. Mr. Lucas referred to the 105 address next door that had been mentioned and asked what kind of%building it was and Mr. Cavanaugh re- plied that it is an older two story home with apartments. Mr. Lucas asked if he knew if ~. Roberson owned this house and .Mr. Cavanaugh replied that he could not find out. I do know that there has been a definite parking problem there. Chairman Ward pointed out that this property was zoned for duplexes and then only the size of the lot is in question. Mr. Cavanamgh agreed that the man had a beautiful building planned. However, it appears that the way the dwelling would be situated the back door will be ~2 feet from the old gentleman,s ' door on the east. Real estate wise, this would be great for me, but considerin~ the other things, I don,t think it is~favorable. Ch~.~rman Ward pointed out that if the lot was 75 feet, they could 3ust go ahead and build and ~. Cavanaugh agreed~ but that it wouldn't be as close to this man's house. l~ms. Eleanor Smith stated her name and that she lived on the north side and has the Triole Cedar Nursery. The property has been ~ - m~srepresented. This duplex takes both of those streets. It is not ~ust on one block. Part of the building there is already on that lot. Chairman Ward pointed out that the survey did not show this. Mrs. Smith continued that the back part is where Florida Power & Light Company has an easement. He only has 48 feet not counting the ease- ment. The duplex there is on both lots. The main body of the house comes right to the line and the laundry room is on the lot where he wants to put this. Chairman Ward stated that this would have to be moved if it is encroaching on the property, but the survey does not show it. ~s. Smith con- tinued that it looks like he is trying to get a permit under false pretense with this out that he supposedly building on it. ~- Lucas~ pointed owned both properties, but if some- body else owns it, it would not be allowed. ~s. Smith stated that she still objected to it. ~ nursery is to the rear and the sprinPlers blow. F~s. Francis J. Logan stated her name and her address as 114 N.E. 4th Avenue. She referred again to the building at 105 N.E. 4th Avenue stating there were ten cars and trucks parked there last night. I cannot even use my driveway. It is a narrow street and only one block long. If Seacrest is widen- ed, the cars will still use our street to cut through to BOARD OF ADJUSTMENT MEETING PAGE FOUR FEBRU~d~Y 25, 1974 avoid ths light. Chairman Ward pointed out that any new buildings must have off-street parking and it is shown on the plan. Mrs. Logan replied that when they have company, it will be congested. This is one of the worst looking streets in Boynton Beach. We have complained about the con- dition of the street, the traffic and the parking'conditions, but nothing has been done. Chairman Ward stated that he Just wanted to point out that it does have off-street o~king with room for a turn-around. Mrs T · Logan questioned wh~ would police this. Chairman Ward replied that the parking must be completed before the occupants can move in. Mrs. Logan asked how many duplexes they planned to build and ~. Cousins rem plied: one. Mrs. Logan stated she understood that two were to be built. Mrs. Bibbens stated her name and her address as 515 N.E. Street ~he ~ · -nforme~ the Board that she has Vacant property both in back and front of her° You are supposed to have 60 feet for a single family home and 75 feet for a duplex. he gets it, somebody else will want it. Z say stick to the code. ~f one gets it, the rest will want it. M~s. John Northcutt stated her name and. her address as 130 N.E. 4th Avenue. She informed the Board that she felt the same as Mrs. Bibbens. They have a stated amount of footage and ! feel it should stick. ~t will crowd the other houses too much. M~. Cousins made a motion to approve the application. Mr. Ryder state~ he thought they have an ingenious arrangement. ~ don't think we have a hardship, as the owner can still build a one family residence. I don't favor the building in the rear~ it will be like the olden days with houses in the back yard. Chairman Ward vacated the chair and seconded the motion° The vote was 2~3, with M~. Boeltz, Mr. Lucks and Mr Ryder voting against. Chairman Ward stated the variance was denied. ~. Davis questioned building a single family residence on this lot. This is a substandard lot and still would need this Board's approval for a single family residence. M~. Ryder consulted the condensed zoning requirements where it stated Zone R-2 requires a 50 ft. lot w~dth. This is R-2 zoning and this would be allowed. Mr. Davis stated he would instruct his client that a single fa~ly residence would be allowed. Chairman Ward ~ pointed out that the City Code states a single family residence can b~ built providing all setbac~ are met. - MINUTES PAGE F~YE BOARD OF ADJUSTM~NT ~ETING FEBRUARY 25, 1974 Parcel ~l - Relief from requirement of one (1) acre for church - to area of 4t,500 Plus sq. ft. Lots ~60 thru 168 inclusive, Block D Boynton Hills Recorded in Plat Book 4, Page 5~ Palm Beach County Records To be used for a church d A dress: 222 N.W~ 9th Avenue Applicants: New Mt. Zion Baptist Church Trustees Mr. Cousins read the above application and stated the reason was to re-establish a ch~ch on this property. The present church is located on the corner of North Seacrest and ~2th Avenue with no avs~ilable pa~king space end the building is too close to Seacrest Boulevard. M~. Benjamin W. Cain stated his name and his address as 1100 N.W. 1st Street. He informed the Board they acquired this property because they cannot accommodate the parking where they are now located. We are using the public school for parking now and they plan to fence it in. We are trying to project b ~ exore all. the land is used up. ~. Cousins ques- tioned whether a church came under R-1 zoning and Mr. AitYin informed him that the property is zoned R-~ and the zoning is proper. ~. Cousins clarified then that the oroblem was that they don't have the required footage. ~@. Ryder-asked if there was a survey of the property and ~r. Cain replied they had sUbmitted a layout. Mr. Lucas asked about another church being adjacent to it and Mr. Cain assured him there was. Lucas questioned the size of this ch~ch"s area and ~. Cain informed him it wasn't as large. M~. Lucas stated that then it must be an older church, but Mr. Cain said: No, it was built in ~971. He added they had checked the master'S.plan and streets are proposed. M~. Ryder asked how he calculated 4~,500 plus square feet~ since he couldn,t even get back. to the area. M~. Aitken informed him that the Building Depart- ment got this figure. - In response to being in favor of this application, ~. Walker Cain stated his name and his address as 201N.E. ~st Avenue. He informed the Board he was in favor of this this church. . I belong to Chairman Ward ascertained that nobody was present in objection to this application and stated that no letters had bee~ ~e- ceived. He stated he had a note from the City Clerk tna~ if this application is granted, the applicant will have to go before the City Council and the Planning & Zoning Board for conditional use of this property.