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Minutes 01-28-74MINU~S OF T~m BOARD OF ~.DuUS~?~~ P~'!NG HELD ~'~ nT.~v ~ ~ ~ .... H~.LL -P~ES~NT Foy WePd~ Chairman P~ke Rubin~ J Lester Cousims~ V~ce Chairman Asst. Bmmg. Official VJ~a!ter B. Rutter~ Secretary Frank G, Lucas Al Boeltz Simon Nyder~ A_~n~%~ (In Audience) Ezei! ~ ' - ~ n ~ nesver~ ~Itez hate Chairman Ward called the meeting to order at 5:00 P.M. He introduced the members of the Board and added that Mr. Boeltz had been appointed to take }~. Eckert~s place. The Minutes of December ~7 were read. ~, Rutter made a motion to approve the minutes as read and it was seconded by P~, Lucas. Motion carried 4-0~ The Minutes of January ~4 were read. PP. Cousins made a motion to a~oprove v.,e minutes as read and it was seconded by PK~. Rutter. Motion carried 4-0. Mr. Boeitz did not vote on the motions for oot~ minu~es, as he h~ not yet been appomnted to t~e Bos~d~ thus was ~o~'~ ~ pre~ sent at either meeting. }'~ Ru~r read the following application: Parcel ;~!1 ~ Lots t5~ ~7 and 18, Block 49 Palm Beach Leisureville~ 9th Section Recorded in Plat ~ ~,~ 30~ Pages ~4 thru ~7 Palm Beach County Records ,~rla. n~es as follows in ~ ~ ~o~t yard setbacD~: Lots 15 & ~7 ~ From 20~ required to ~4,78, Lot ~8 - From 20' required to ~3.84' Addresses- Lot ~5, 150~ S.W. ~0th Ave. Lot ~7~ ~505 S,~. ~Oth Ave~ Lot t8~ ~507~ ~ w 10th Ave~ ~nn~s~nt Boynton West De~-~on~,~en~ Corp. ~h~, Enrico Rossi stated his name and that he represented the firm of Rossi & Ma!avasi Engineers, Inc. ~ who are the consult- ant engineers for Boynton West Development Corooration, He ~ ~ ~h~ the '~-= '~ -~ ~ne corpo~at_on ~ present and also the owners of the houses in question. He informed the Board that these lots were staked out for oons%ruotion~ At the ~mme ~nms was done~ the surveyors ~ w~ p~c~_~d off the wrong offset ~ ~ ~_ne and these houses were constructed where they were staked. These were staked in August. The base line was laid MINUTES BOARD OF from the rear. All of these houses were laid ~= the o-~ ~ ~ same ~m_~_e and are 5~ too far forward. You have drawings showing thzso We have also submitted a s~etc~_ to alter S ~ .., tOth Y~ Rutter stated he had ~Ke~ a good , ~u~*-at these proper~ ties. He asked if the property ow:aers on the south side of lOth Avenue were willing to go along with going back? l~. Rossi replied that these properties still belonged to Boyn~ ton West Development Corporation and the contracts had not been closed, ~ Rutter asked if there was sufficient prop- erty to put a car in the driveway at Lot 18 where the road narrowed? Why not c~ry it down the same width, having 24 feet all the way? _- ~. Rossi replied they had put it down as a wedge shape because they thought they might be encroach- ing on a contract that had been made on the other side. Lucas re~e~d to Lot 16~ which was not ' ~ m:a~udeo.~ and asked if that hou~ was s~t back ~ ~ ~ z ur ~her? ~. Rossi replied: yes, that is a smaller house. There are many homes in Leisure~ ville set back uneveniy~ Mr, Lucas asked if this house's view would be obstructed with houses on both sides further out? ~ Rossi replied: no, that this would not be true~ ~k~ Cousins showed ~ Rossi the p!~ the Board suggested~ ~ Rossi replied that the point was well taken. Your sug~ gested solution is a good one. M~ Cousins asked if they would accept the solution of 24 feet for each one? Rossi replied: yes and checked further with the president of the ~ ~ ~' ~ -' ~orpuza~mon. ~,e %,zl~ change lOth Avenue from wedge shaped to straight with lots having the same driveways. This is an a~~b~e o~lut~on with the developer. Cousins ~ ~ _ ~a~,~u the Board. would like to grant %hfs approval for a straight 2~ Chairman ~ard asked if anyone was present in favor to this application. ~ Laurence Sm~n stated his name and that he was under ~on~act for Lot ~8, ~ feel 24 ft. would be adequate anm feel it is a very good solution. ~¢~ Ryder statea * ' :';. ~ ~hav it' should be determined that the con- tracts for Lots 8 and 9 had not been closed and the owners had not received their surveys. Possibly the association '~"~+ _ __ ~e~e M~. Rutter .... o~ have a problem wdth ~ ~ . .~ ~a~u~ that zoning and variances are nOt a ~oblem-~ of I think this solution is a good solution for all the houses. As far as the other !ots~ they can be notl~med before making contract. ~¢~ " . ~, .:~. Ryder replied vnat he just ,-o~+~,,o,.~. to m~,~e sure they had not received a contract and survey. ~r. Cousins stated that this would have to be taken care of by the b T-~r - BOARD OF ~u'r~r~m~'~':rm PAGE T_~REE 'T'¥T"TTT^~~ 28 1974 meveloper. ~. Ryder st ~ ~ ~ a~em that all he ~a:~ted was a ~ate- ~e~t.zrom the ~eveloper concernzng these other two lots. Mr. Couszns replied that they were not included in the variance. ~ Ryder pointed out that they would still be encroaching on their side. }~ Rutter ~ - ~i the . ~,~ a mo._on that variance be granted invo!v- lng Lots ~5, ~7 and ~$ in Block 49 for the setback~ all to be at least 24 feet ~_om ~e paved street° ~. Cousins seconded the motion. Motion carried 4~ with ~° Boeitz casting the negative vote. Mr. Rutter read the following application: ~2 ~ Relief from 25~ rear setback requirement to 22.2~ rear setback. Lot H~!ms Recorded in Plat Book 25.. Page 57 Palm Beach County Records Address - 2629 S. W. 8th Street Applicant ~. Rutter read that the reasons for this application were n~t the home is cu_ren~y ~ons~ucted up to the beam off the roof. it would require moving the entire home. There are no neighbors to the rear. A page was also attached with the cons~zu~v~on ShOWn. unamrman ~uaro. added that this ..... - cation had been o~o~e the Board before and this was the second time. M~o Arthur Kopleman stated his name and that he represented Seligman Bui!ders~ Inc. He informed the Board they were turned down before on this because of size ~ ~ ~ ~ -~qu~rem~n~s and had taken it back to their b'-~- ~- - arc_~z~ec ~ for redesigning. This was an honest error. ~e did take it back to our architect and the size is over the minimum standards now. The lot narrows down and it is ~a~ to ~- ~ ~:am~ .... z~e~p =~ + .... the ~ ~ ~¥e are ~q~ asking fo'r~ a variance in the rear now . ~e not setting a .uat~z~ for the area~ there are only a few left in that area now. Chairmsm ~rs.r,~ showed the ~ ~, , .-~ memoers ~ ~!arz of the ~ n ~ ~_~ ~ showing ~r~-~ the additions were made He p~_t=~ out ~..~o.~ ...... . ~ ~ ~h~* th=v now had over 66 square feet over the requirements. Mr Cousins ~- ~ . aomem what the overall length is now? ~,,~ t[ooie- man ~epm~m ~ha~ m~ now comes ~o 73 feet. The size went from ]250 to ]560 to keep within the re~m=~+~ ~ .........~ of size. M T}.~TT m~ BOARD w~ Lucas added '- ~ ~ ,~? ~ ~'~, ~ha,~ a f~ee.a~ would be '~,'r, ,--'.~ ~'- ~ ap:~ ox~m~.~e~y 50 ~ behind the property. Mr. Kop!eman poimted out that the lot amg!es and it will only be a little close at the one cormer. M~. Rutter stated that he had made it very clear .=~v they had done since ~:ze last meeting. Cn~=~ma.~ Ward ascertained that there ~as nobody present in favor to +~:~ application~ then the following appeared before the Boardin'- o~osit~o~-~_ _ ~. ~ir. Raymond Sweet stated his name and that he had lived in nme area for ten ve~ He reminded ~ ~noa~d ~at ~ ~ variance was reques~ ~ ~ec once before and denied. When vhey poured the original s!ab~ ~ey ~ + ~us~ v:env ahead and dic it and then ~ ~ p~r~sslon. Surely when t]qey purchased that lot~ *~- ' ~z~=y~..i~'~-r~. whey could be done on iv. They ~z~z~.ew~ ~'~+ _ ~ Ei~st place. The o~iginal build- lng ~ ~ ~ ~ ~ica ~ house at i~j~ 17 ~ 000 plus ,:~o ~ u~j ~or ~e -~ ~..e additions aoout ,000 for a ~=~ozt, which i~. There ~ ~ ~' ~ questio!~ and now the house comes up~.~o ?~30,000 to The houses in that area are valued at :~ ~0,000 up~ Just one bloc~_ to the north is a residence on two lots valued qu~se~ ~s-~. This company has done this same tn~ng in w~ own property in West Palm Beach and these people are build- ~ ~g homes nea~-by _ ~.~.o. are also having a Drob!em there. R~tter r~ -~===~ that in reference to the different va=~'ues of homes, we are concerned that ali the homes conform to the size ~ ~ r~qu_re~,~=nts. I have seen small homes in areas of large homes which are very beautiful and this is also true in the opposite case. We have he~d about the discrepancies in ~ami. At the last meevlng~' ' we made ~t~u~a~lon~" ~' ~ ~' ~ that if certain things weme done~ we would consider it, He then -~ferred to a ~etition meceived by the Board and asked if all the signer~ lived within ~00 feet of this house or just the neighborhood in general? ~. Sweet replied that the =eop~e lived in the -=' ~ ~ n~!gnso~hoo~ because people living joining the property ~ ~ ~ m~m not receive a notice and' Doss_b~y this ~-~,- ] ' ~+~ not even _ ~ ~ - ~p_ic~o~ was _ Processed ~oroDe~ly~ Rutter stated that 92 people had ~ ~ ~+ s~gnea_ ~ and it would be crowded if they all lived within zno . ~u~ feet Chairman Ward showed ~,~. Sweet the new p!an._.i~~ Sweet repmme~-~= ~ ~'~nat he didn't go by appearances on pape~ but went by %be developer aoing ~nings ~ ' '~ ' uhe wrong -~r~ · ~'~. Herbert S. Dolsey stated his name and his address as 722 S.W. 25th Avenue. He informed the Boemd that the last time we heard from their ~'- - ~ a~orn=y and the surveyor ~ ~ they made a mistake in laying out the plan and that was the reason it wa~ DuC back ~ = fa~. ' ~r~.e, how ~ ~ ~nau _ _ If that was ~ -~ come the surveyor always makes the mistake? They just blame BOARD OF ADJUSTmeNT it on the surveyor and then the builder comes for an adjust~ ment. I can understand how a mistake of a few inches can be made. I have surveyed gun sites all over the world and c~m~,.ot~ ;~find one time where ~_~ was over that much. ~aese sur- veyors are doing what the builder wants. The last time they ~aid they were going to put some additions on. They also had plans approved by the city showing a lot more squ~e foot- a ~e than .o ~.~ ~.~ were going to m~ The City Building Permit should not have been .... ~ssu~d if ~'~ne square foovage~ wasn't is~ ~e~ to begin with. =n_,s 2~ feet is what they wanted or they wouldn?t have put it there. i~'~s~ Herder stated her n~ae and her address as 270~ S.W. 7th Street. She sts~ted that she noticed on the plans that there was just an open caroort. ! think a nice building would look ........ ~a~ sm o~e~ ~ot. Simce it is an o~oen ca~por~: is ~e~ aa utility room for sto~age? ~. Kopleman replied there was a utility room in the house and showed her the plans~ Mr~ Doisey asked ~ ~ ~ · =~ ~ne caroort was included mn the s~uare footage requirements a~d ~- - . " ~ -- ~ ~.~, Chairman ~ard sno~ed the footage in the main living area, mrs, ~.ermer con- tinued that she didn't have any objections in going back have a pz~!e~, and ~+ ~s .~y t~ ~ TM ~ ~oive itl ~ mazn=y object to an open carport, M~. Kop!eman stated that even iff they didn't have the carport, it would be over the size require- ments, Mr. Rutter mounted ~ '~ ~ v~a'~ the Board was governed by certain rules an[ regulations and we are concerned that the type of home abides to the building code~ Hrs. Herder asked where the builder planned to put the other 20 houses they were going %o build? Hr. Kopleman replied they had 20 lots located all over Boynton Beach. We hope to sell this house for }~44,000 to ~45,000. He then explained the plans fu~ ~.h~r~ After looking at the plans~ P~ Sweet agreed that what was oresented did not look bad. I think the price of ~44,000 ~o '~45,000 is in question though as ~[~ey gust so!m one arom~e the corner with s garbage Vor ~[39~000 and I dou't see how t~ ~ ..... '~L Do!sey added that nothing was wrong with carports and they ~ ..... ~=~ part of the Chairman Ward pointed out +b~* if it wasn't e ~-~ ~o~ the variance needed in the back~ this plan would not even hs~ze come be- fore the Board as it ~ * m~e~s all the requirements. ~.~. Do.say asked if the Bo~d was going to change all the requirements on a~] the lots in this -'' ~ .~ -- ~mvy? You are se~tmno a pre~emen~ and stating that a setback can e~,~ajo~'~ -~ be changed. What good ~ --- - ~ne~ allow- ~a sl~e the o_vy of Boy~ton Beacle and lng variance after variance? Chairman Ward replied that if he did not like the action of this Board~ that he sz_ouldb - ~as~e this up with the City Council. }.~. Dolsey replied that d~.~,iU_~R:~: PS~ 1 974 he objected to the way things are vz~!a~ed in .nzs city. Mr. Lucas ~ ~ + ~l~s han~oened to be an od~.-sn~.~d ~,o~n~ed out that ~ ~ lot and a ~~ would have to be considered. Tbe-~ od~-sna~ed lots with the way streets are laid out~ etc. .~e~c~ suaued ..,at nobody would have ~I o~ec~o., but it was s~ch a sz,~a~l ~.oe when they started, i~ Lucas replied that ~ ~e Board ~ ~m~n it ~ -~ b mo~n on this -asms and t~y hs~e now made ~ ~ ~ !a~ge~ Mr. Sweet added ~ ~ ~ - - · Lzl&u ~ VfaS 4~ d ESL an ~hls would be brought to the attention ~,z the ~.~ ~. Lucas replied ~ ~ ~a~ cooies of the ~+ ~ m~u~e~ of every meeting are sent to the M~or and City C~u~_ Members ~. Doisey asked ~ ~ ~na~ his objection be taken aws~~ ~ ~ . ~ ~ .~. ~e:a and give vhem the var!ance as ~ono as +u~ ~=~=~ is b~ ~ I si~c~v ~ ~ they _~j% ~=~ -~amem on the surveyor. ~o~e w~ ] nmre a s m~% o~ t~.ao will lay out the ' ~ ~oma~ ~~ ~. Rutter ~ ~ ~ ~a~ed that ~ ~ Do!sey shoui~ ~e commended for ~ '~ ' - nm~ terrific job mn ~ ~ .~ ~-. ~ .... · ey~ng~ but tner~ are s*~ ~ -oeop] e t ~a~ do make mis~ ~bis ~ . ~.~es, Board does not go ~.~ong wzth ~ ~-' u~e *s~q~ that it is there so vre v~dil accent So many things have has0ioened, but v,~e still try to abide by the q .... ~ to the b=o~ of our abiiity~ no matter ~s~ha. ~ne rea- son. [~. Dolsey stated he believed that e responsible ~j o ...... ~ .....n!u. st have some ~n~ sec u~on o~ the ~ ~-~ ~ ~ ' ~i ,~u~dmng codes in ~a' and if toeoo~ can come u'o with a ~olan and ~t apDroved~ then they go out and su~dde~ly f2~. they have the slab down w=,on ,~ -g~ you cannot tell me '~ is Thins should be brougl~t to +~ attention of the Mayor. ~. Ru~er stated there was a builder in Boynton Beach who was our~ng pavmo slabs for future d~e!o~men~ wnmcn we s~z~a, ed Mr, Lucas added that th~ ones the ~0' ....... ~.~-~ .~ ~ ~ooked a~ ~he other d~y~ ~ - ~= na~e been %um~ed ~ -- ~own, J[~, Doise~ s~a~ed he sincerely bn~ed ~hey assuage come be~o~e %he a~a2n~ but do ~eeE %he~ have corrected $~ . . ,~ ...... assured nzm that tlne entire City Council and the M~or alwa~s ~ ~ ' oe. co'Dies of the minutes of these meet~ ~gs They k~na~ ~+bq~- tr~ ~. ~ ~ etc. - .~.ns.pmr~ and ~rho votes ~"~'~ Geo~e $%atnam stated his name and his ...... o,~ as ~0~ 25th Place He informed '~ · ' ~ v~e Board his house was just over the 300 feet limit from this property ~ "~ ~ . ~o I understand~ ~ne permit was originai~v given erroneously since the size was ~e~ and also ~ '' - +'= u~ere was a o-mscreDancv in = ~ ~ ~_~e suDvey ~n~ slab was ooured it is true there ~ no the rear. I% ms a ~' ~ ~ ~ ~ -~a.~ house on a small lo% The Boynton Beach issued a p~e~m~a rron~ t~ ~ ......... but the con+~*~ ~h ..... -~'-'~ , , o~ ~.= ~v~y v~.~s wrong~ ..... ~ oz~u~m nave cnec;<ed requirements when taking out the permit. The ~m~- _ '- ' ~u-.~racto-~ was in error ~oo when he received ~b ~er~ ~t~.tm~o ~250 feet instead of ~500 There is ~ slab poured and the ~oo~s are up, Eou hsjze mad PAGE JANU~Y three errors now, Recently the City of Boynton Beach has gotten publicity in trying to upgrade the city. ~ith this ~ha~ open .~i~ particular building~ I think + ~ _ ca_oorvs can be at- tractive ~ ' ~ _~ va~n care of. This contractor does have a problem here and could tear out the slab and go back 2½ feet, He could also enc±os~ the carport for a gs~age, The contractor, the City and the surveyor are all at fault. i would go along with trying to upgrade it, I think the contractor should try to upgrade it more than he is trying to do it now Those slabs can be sliced o~, Tne_e is no steel in the beam and the slab could be sliced off, i would like it upgraded as much as possible, He should not be bailed out by you people. ~,,h~s. ne~-o_~r a~:ed mf the contractor ~ ,'~'' ~o~a. be asked to close in the carport flor a garage? Chairman Ward replied that the Board did not have that authority. I~, Kopieman replied that they would be happy instead off the carport to enclose ~ ~.n~, statement mz and make a o~=~,ge, Chairman Ward asked if ~' ~ met w~th ~'~ ~ ~ ._ ~e oouectors ~+~¢~ ~'~ .......... c~on and ~our responded ¢~ -~ ~ ~.V O~ ab !y, Mm Cousins made a motion to asprove the ~equ~st as outlined by the contractor, T~ Lucas seconded +~ - o ~n~ motion. Motion carried 5-0. Mr. Cousins~.~ ..... a .... ~'~t~on ~ , to adjourn and it wasoo=~~~,~.~, by ?~. Rutter, Meeting adjourned 6:05 P,M.