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Minutes 11-26-73MINUTES OF T~ BOARD OF ADJUSTPENT P~ETIN'G ~ELD .AT CITY HALL, w ' - ~'~n~'~Y NOVE~ER 26, ~973 AT 5, 0 P.M. BOYNTON BEACH, ~ LORIDA~ ~ ........ , '0 PRESENT Foy ~ard~ Vice Chairman J. Lester Cousins, Secretary Frank G. Lucas Walter B. Rutter Geoyge Ampol M~ke Rubin, Building Dept. PRESENT IN AUDIENCE Gil M. Eckert Richard Rohan Jack Barrett, Building Official ABo~NT Eze!i Hester, Chairman ~. Ward called the meeting to order at 5:00 P.M. a~d introduced the members of the Board. ~ar~el #1 - Relief from 1500 sq. ft. floor area requirement to 1255 sq. ft. floor area. Relief from 25 ft. rear setback requirement to 22.2 ft. rear setback. Lot 1, Block 7, Forest Hills Recorded in Plat Book 25, Page 57 Palm Beach County Records Address: 2629 S.W. 8th Street Applicant: D~uny O~Brien for Seligman Builders, Inc. ~. Ward read the above application and informed the members that the plans were approved and construction started prior to minimum floor area error discovered. P~. Danny O'Brien stated his name and that he was from the firm of O'Brien, Suiter & O~Brien, Inc., 260i N. Federal Hmghway,~' ~ Delray Beach and that he represented Selm~an Builders, Inc. Mr. Rutter stated that the Board tries to grant variances w?nere they feel they should be granted, mainly because they are con- cerned with the City of Boynton Beach and the citizens of Boynton Beach. It seems this is an extraordinary request reducing the square feet from 1500 to ~1255. I am sure the permit issued must have stated the zoning requirements, i don't !~now how you could have proceeded knowing that it did not conform with the require- ments. Mr. Dennis Stecker approached the Board and stated his name and that he was Assistant Secrete~y of Seligman Builders, Inc. He i~iinformed the Board that at the time building was started, it was the time when the zoning w.as being changed. The walls are al- ready up. It is a custom built home and the mortgage has been issued, if we increased the size of the house, the price would PAGE {P~ 0 NOVEMBER P-6, 1 9?3 be higher and these people would not be qualified for the larger mortgage. This is the largest sized house that could fit on this lot due to its size. The house was built to fit the setbacks and not the minimum square footage, which we thought was 1250 square feet. ~r. Cousins smggested that he should contact the architect as he is liable for this mistake. He must follow all local.build- ing codes. PP. Stecker replied: How do i determine /his liability? Can I ask him to pay the damages? How do the purchasers go about obtaining their refund from the mortgage company and find another house? How can I add an additional aS0 square feet to this house on this odd sized lot? I now have an unbuildable lot. ~. Lucas stated that a builder just doesn't come into a co~i~f~unity ~ad put in what he wants for a customer and then leaves it behind for the neighborhood. P~. Stecker replied that the freeway 'will be ap- proximately 50 feet from the property line and this house will not hurt the n~ighborhood. I am building approximately ~0 more homes in that neighborhood. Mr. Lucas stated that he started to put in an undersized home for that area. Mr. Stecker replied that it was not intentional. When we bought the lot~ we antic- ipated putting a larger home on it, but when we came to the Building Department and found out the seth!ack Pequirements~ we had to change the size of the house. M~. O'Brien stated that a house could not be put on this sized lot to meet the requirements. The lot narrows and is odd shaeed._ ~.~ RUtter replied that many houses are built to fit odd sized lots. Mr. O'Brien continued that when they applied for the building permit, they put on a normal sized house and found it did not meet setback requirements and had to change to this house. They were so concerned with meeting the setback requirements, they neglected the square foot- age o£ the house. There is no way to meet~ the setbacks and these requirements. M~. Ward stated that a petition had been received with 58 signa- tures stating their opposition to the granting of this reliance. ~. Herbert S. Dolsey stated his name and his address as 722 S.W. 25th Avenue. He informed the Board he had owned his home since 1959. This is a good area ~ud one of the nicest areas of Boynton Beach. To put a cracker box house like they want to do should not be allowed. They do have enough square feet to put a good house on this lot. I strenuously object. 'Mr. Joseph Boyle stated his name and his address as 2640 S.W. 8th £treSt. I bought my home because the lots are large am.d the houses are large. Seligman Builders is a speculative building firm and they should make money, but not at the expense of the people that live there. This firm put a house on the wrong lot in iMiami recently. We want our building code lived up to in this area. MINUTES BOARD OF THREE NOVEI~'ER 26 ~ 1 973 ~. Leon B. Miner stated his name and his ad.areos as 6~0 S.W. 7th Street. He stated he understood the mortgage obli- gation had been made and the house could not be sold for any more money, but the house that is being built is not up to the neighborhood,s ~ ~ ~ . o ~anGa_ ds ~. Richard Rohan stated his name and his address as 27th ~ay and S.W. 8th Street. I am an alternate member of this Board and resident of this area. Z don't see how these firms can make such mistakes, r think maybe there - ~ust wasn t a mistake, but possibly a deliberate error by the firm. M~. %~ard stated that all permits state a ou~der must ~ow the code and meet all requirements~ He read the statement regardin~ errors ~r~nt~m on the permits. I~. Rudy Black stated his name and his address as 702 S.%~~. 25th ~iace. He informed the Board that the impression had been given that this house had been built quite a bit, but actually it is only a s~_e~eton. It is not zar along at all and i don't think there is a hardshiTo for ~ 5~em to t~ce it down. Mr. Ru~te~ replied that he thSught the h~"'dship is that the mortgage ~ommitment had been made. l~s. He~der stated her name and net address as 2701 $.W. 7th Street. She informed the Board that the way the house is laid out, it is 1/3 the size of the house next to ~t ~he~e are other odd shaped lots in the area and they have nice h -omes O~ them, F~. ~ard ascertained that nobody else was present in the audi- ence in objection to this application, but one person did reply that more people would have attended, but were still at work, etc. M~. Rutter made a motion that the variance be denied and it was seconded by M~. Lucas. Motion carried 5-0. ~"~. Ward reminded the members that the same application was also requesting a rear setback variance. ~. O'Brien informed the Board that Seligman Builders have approximately 20 to 30 homes under construction in this area and this is the first error that has been made. I would ask the Board to consider the rear setback ~ · requirement in case we can add the additional feet onto this house. ~. Rutter suggested that he appear for another hesm~ing when new plans are submitted. M~. Barrett asked if the Board gz~.nted the rear setback, could they ex- pand to a livable area? i~. O'Brien replied: possibly, with a second floor or something. Mr. Barrett stated that the application for the variance on the square footage had been denied, but in order to provide the square footage, they need the setback requirement. Mr. Rutter stated that possibly a MINUTES BO2dQD OF ADJUS T~NT '~.[E.~ ~ L~G PAGE ~ 00q~ NOVE}'~ER a6, ~ 973 provision could be considered. ~. O'Brien oointed out that to the rear of the lot is a city park and I-~5 and ~ '~ . ~ossmoly building could go ahead mf this rear setback variance was granted. The possibility of a second story was discussed between the members, the Buildin~ 0 fmcma~ and ~. O'Brien. Mr. O'Brien summed it up by .stating that what ~ney wanted to do now is save time and just get an answer on the rear set- baCk. ¥?e do not want to have to come back. before this Board and possibly lose another two months. There are many pro- blems, but we hope to solve it through architectural design somehow to satisfy the building requirements. After looking at the plans, ~. Cousins pointed out that the house could have been built closer to the street. ,~&r. O' ~ ~ B_ ~en reolied that an error had been made wher~ the foundation was laid. He stated that perhaps the objections of the property owners would not be so great if he could show them wha~t ~s planned. ~ard stated that they a. lso had to bear in m_nm the peti- tion from the 58 people. ~. Lucas made a motion that the variance be denied on the setoac.~ from 25 to aa.a feet. M~. Ampol seconded the Motion carried 5-0. A person in the audience asked the Board that since this ~:~-~c=tmon had been denied and it was oractically impossi- b!e to build, who will order the~, to ~e this down? ~. _ t Barrett replied that on the part of the setback variance, they would have to ~'aove the building. They have every right to redesign the building to meet the square footage require- merit. They must have reasonable time to try to meet this. If they get square footage, they could come back for the rear setback variance. ~,~ Ward added "· ~_~,a~ the property owners in the area would be notified if it came up again. Parcel ~2 - Relief from 10 ft. setback requirement for pool to 6 ft. setback~ Relief from requirement of 8 ft. setback from rear property line for screen enclosure to 5 ft. o~cbac~ from rear property line. Lot 7, Coquina Cove Recorded in Plat Book 24, Page 14 Palm Beach County Records Address: 717 Ocean Inlet Drive Applicant: Joseph F. and Rita M. Rohan ~ar~ read the above apo~i ~-- ~mon and informed the Bo~d that the pool was required as swimming exercises were recom- mended for a leg d~ora, er. PAGE F~E NOVE'~ER 26, 1 973 2@. Joseph Rohan and Mrs. Rita Rohan stated their names and their address as 717 Ocean Inlet Drive. M~. Lucas looked over the application and referred to a letter from Dr.. Martin A. Green stating that Mrs. Rohan has a numbness of the entire left foot and pool exercise should be included in her activity to regain some of the strength in her leg. He asked how long they had lived here and Mr. Rohan replied: since August l, 1 973 ~"~ · ~. Rutter questioned whether a variance was needed for a swimming pooi and Mr, Bs~rett replied: yes s~d it must be 8 feet from the rear. The soil must be investigated also, In order to issue the permit, we must make sure the soil can take it. Mr. Rohan ex}}laine~d the plans further to the mere- bePs. ~ ~!.'~. Ward ascertained that nolbody was present ~ ~ ' : e~tner ~n favor or in objection to this appliication. Mm~. Ampol made a motion to grant the variance and it was seconded by }~. Lucas. Motion carried 5-0. Mr. Rutter added this variance did not ~ ~ permm~ them to go ahead with the pool until the Building Department approves the soil conditions. Ms-. Ward apoioomzem for making two mistaNes first the read- ing of the minutes, ..... ' The ~ ~' ~',~_nuoes of November 5 were read. Mr. Rutter made a motion to accept the minutes and it was secon~ed,~' by ~¥k~. Am~ol. Motion carried 5-0. - ~k'. Ward continued that he had also failed to introduce the secretary and did so at ~h~s ~ t~me,~ Parcel i~3 - Relief from 60 ft. lot width requirement to 50 ft. lot width platted. Lot. 4, Block 26, Bowers Park ~ Recorded in Plat Book t1~ Page 57 Palm Beach County Records Address: 136 S.E, 10th Avenue Applicant: Dorothy V. V~lmams ?~. Ward read the above application and stated b~s. ~illiams could not get a building permit or sell the lot without the vs~iance. M~s. Dorothy V. ~' ~ ~mil=ams stated her name and her address as ~ozt Salerno, Florida, ?~. Lucas asked when she purchased the lot'and she replied: possibly late 1940~s or early 1950's, PAGE SL~~ }~ Lucas asked ~ e . ~a~ she planned to do with the lot? Williams replied that '~ ~ ' sa,= would like to ~ ~-= the lot.. ! did sell it once, but they couldn't get a building permit. have a house here, but cannot use two. }~- Lucas re~!med that she could build on it since she owned it before 1960, but it was questionable for her to sell to someone else. PPs. Williams informed the Bo~d that there were house= on oot~ sides 2~1 the lots were o~ig~na]i platted ' ..... Y at 50 feet. ! am not in a Dosition to build another house and na~e maid taxes all these years and must get rid of it. }~s Kimmen + ~ · s~a~ed her name and that she lived right next door to this ~ot. if a house was buiit~ it would be right against mine }'~ Lucas - · ao~,,.~d how much property she n a~d she repl!ed: 75 feet, . ~m Ward added that they ~ou!d still have te cem.Niy with the side setbacks, PLP, Lucas s~$~ed that the zoning was not changed ~til 196~ and we cannot deny the right to ~nyone to build if they have owned the property prior to ~962~ but it is q~estionab!e whether they can se_± the lot She has owned it for so long and ~as been paying t~es on it for so lo~g, He asked ~li~!ams if she possibly could put a residence on it and then sell it? .}4rs, Williams replied that she was not fi- nan¢iai!y able to, The members checked the zoning code to see if the variance could be sold with the lot Williams ~=~ ~ · ~a, vem that it would only be good if it could go concurrent with ownership. Mr. Ampol stated that a precedent would be set in this case. }@. Ward stated that they had tried to get an ooinion from the City Attorney in reference to this, but had~not been able to yet. We have only granted ~ variances to the aCtual people who have owned it and built on it. ~,'Ps. Williams stated that the lot is big enough to comply with the setback and s~uare footage ~ ,~ ~ ~ -equ~_ements of the zoning. I~ is a hard- ship on me, since ! cannot sell it. Mm. Lucas read. the para- graph regarding substandard lots on record from the City Charter in reference to the Building Code. It ammn't clarify the ~i~ s-~uatmon and he stated he would like to table this and get an opinion from the attorney and then let Mrs. Williams ~uuow. }~. Rutter stated that this has created a real hard- ship and we should judge this. This person has ~ ~ owe. em the sroperty for 40 years and has been paying taxes on it, but is unable to sell it. This is a real hardship. Other people have been granted variances so they can bu~d and then they sell the ~ n~use. You have been h .ones~ to say that you cannot afford to bui!d~ but have been paying taxes for so long. The members discussed further the actual hardship and the necessity of obtainin~ legal advice. ~'~. Lucas pointed out that this would set a precedent, especially a problem with builders o ~amn~ng the~e smaller tots. An attorney's ~ must be btaine~ in case any legal ~ o ~ ' ~ ac~on MINUTES BOARD PAGE SEVEN .... = ..... ~. ] 973 Mrs. Ampol ' ~ mao~~ a motion that the variance for ~s. Williams be tabled until we can get the opinion of our City Attorney and we will ~otm~_y ?~s. Williams of the results° ~r. Rutter seconded the motion. Under discussion, ~. Lucas said he would contact ~. Simon to see when we can meet with him an~ I will call all the members of the Board to am~ rose them. I will also te_eonone ~s ~' .~ ~Jmilmams at 283-6609 to advise her of the results. Motion carried 5-0. Parcel ~4 - To enclose carport to make a ~ !ormda room Non-conforming frontage for ex=stm.~ struc- ture, side yard setback non-conforming. West Half Lot 46] and Ail Lot 462 Cherry Hills Recorded in ?!at Book 4, Page 58 Falm Beach County Records Adc.~ es~l: 557 N.W. ~2th .Avenue Applicant: James Jones ~ Ward read the above ....... ~ · ap~=~catmon and stated the vari~ace ~ ...... =~ to increase the living s~ace and enhance the appea?ance of the home. - ~{r James Jones a~- ' -~. ~atem his name and his address as 557 ]2th Avenue. He informed the Board ~hat a car'oort is 'there and he ~u-~ ~ '~ wants to close it in. The house is small there are only two bedrooms. ~. Lucas asked how many mem- bers were in his fa~ly and M~. Jones . ~p!=em: five. ~ard asked when he bought the home and v~ ~-. Jones replied ~3 years ago. M~. Rubin showed the members the plans. Mr. Ward ascertained that nobody was present either in favor to or in objection to this ~ Rutter made a motion to grant the ~- ' ~armance and it was seconded by }~. Lucas. Motion carried 5-0. ~. Ampol made a motion to adjourn ~d it was conmem by ~r. Cousins. M~etmng adjourned 6:15 P.M.