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MInutes 11-05-73il!!r~r~T~q OW r~wE .~o,~ OF AbdUS ~NT ~ .... ~,~.~ HELD CITY BOYNTON BEACH~ FLORiDA~ MONDAY~ NOVE~,~ER ~' ~97~ AT ~:00 P.M. i~RESENT Foy Ward~ Vice Chairman J. Lester Cousins Frank G~ Lucas George Ampol Gl! M. Eckert Y~ke Rubin Richard Rohan ABSENT ~ ~ C~mrman Ezei! Heste.~, Walter B. Rutter i~. Ward called the meeting to order at ~:00 P.M. He an- nounced he was acting chairman in the absence of ~. Hester and mn~roduced the members of the Board The Minutes of Oc~obe_ ]5 were reo.m. ~. Lucas made a motion to approve the minutes as read and it was seconded by M~. Cousins. Motion carried 5-0. Parcel #1 - Relief from 25' rear setback requirement to 2]' rear setback Lot 17~ Harbor Estates Recorded in Plat Book 2~ Page 98 Palm Beach County Records Address: 6~7 South Road Applicants: Mr. & M~s. Verno~ Morningstar Chairman Ward read the above application and asked if ~. or !~s. Morningstar were present, ~. Peter McGrath stated his name and his address as Atlantis and informed the Board that ~. & M~s, Morningstar requested that he represent them, since they do nov reside in the area, The members reviewed the application and plans. Chairman Ward pointed out that the application was for a rear setback, but there was already a front encroachment of ~ ft. This application .should also include this. Mr, Cousins asked if ~, McGrath ~as the builder and he replied that he was° Mr. Rubin pointed out if the house was set back another foot, a ~' overhang could still be put on the front. Mr~ McGrath replied that he was not aws_~e of this encroachment~ We can either put it back or ~ppzF for vn_s later ~ . Rubin said they could put on a 2' overhang instead of ~ overhang~ therefore~ only take the rear setback today. Chairman ~ '~ard ascertained that nobody was present _~n favor or _._ t_~a~ no written in opposition to this am~!ication and added h ~ letters had been received either. MINUTES BOARD OF ADJUST~NT PAG~ [L~ 0 NOVE?~ER 5 ~ 1 973 Mr. Ampol made a motion to grant the variance according to the recommendations by the Building Official to cut the overhang back to two feet. Mr. Eckert seconded the motion. Motion carried 5-0. ~. McGrath asked if he could request a 5 ft. variance in the rear in order to maintain a 3 ft. overhang and Chairman Ward replied: .Wo~ the Board must stick with the ap~Imcav_on. Parcel ~2 - Relief from 60? frontage requirement to 50' frontage ~est 15 ft. of Lot ~6 and the East 35 ft. of Lot 1~7 Ridgewood Hills Recorded in Plat Book 23, lOage 250 Palm Beach County Records Address: 421N.W. 3rd Avenue Applicant: C~ W~ Kendall Chairman Ward read the above application and informed the Board the variance was requested since there are houses on both sides of the property and no additional property is avai!ab!e~ He then asked if ~yone was present to repre- sent Kendall Construction Company and received no reply from the audience. This request for a variance will be tabled until the next meeting~ since there is not represen- tative present~ ~. Kendall then arrived and informed the Board he was un- ~ ' ~ ~ ~ since the building was locked. able to o~t mn~o City H~i~, Mr. Ampo! made a motion to remove this application from the table~ since the gentleman was locked out of the ~ Eckert seconded the motion° Mr. C. W. Kendall stated his name and his address as 5414 Georgia Avenue~ ~est Palm Beach. He informed the Board they had bought property which was 1½ lots and the surveyor made a mistake and the house was laid out on two lots instead of 1~ lots. The house was set over the lot line and we bought an additional 60 ft~ next door and gave the house the addi- tional ~0 ft~ and wound up with a 50 ft. lot. The surveyor surveyed 25 ft. that we did not own and his survey showed ~00 ft~ instead of the 75 fro we owned~ We originally owned 75 ft. when we built the house and had to buy 60 ft. and gave the man ~0 ft~ ~ Lucas asked who the surveyor was. Mr. Kendall replied: I~$_rvis. There is a letter attached to the application explaining the mistake. Chairman Ward read the letter from Ralph G. Purvis Surveyors, !nc. explaining the error and that it was discovered after the house was built, etc~ ~. Rubin asked when ~,~. Kendall became aware of this condition ~ ~ an~ he replied when he was ca±led back. for a tie-in MINUTES BOARD OF ADJUST~,~NT ~,~ETiNG PAGE THPSE NO?ffEPSEN 5, 1 973 survey at the time o.f closing after the house was built. The members discussed the plan further. Mr. Nubin asked if this change was corrected with the Building Department on the original permit and Pk~. Kendall replied that he did not think so,'but they would take care o£ it. The deed that Ts recorded now shows the 85 ft. Chairman Ward received no reeiy ~ he asked if anyone was present in favor to the application. When Chairman Ward asked if anyone was present in opposition to the app!ication~ the ~oi±owmna ae~roached the Board: ?~. Axel Miscannon stated his name and his address as N.W. 3rd Avenue. He informed the Board he had heard there had been a mistake made in the survey~ but the pegs are in the street stating where these lots are. They just want to build on a 50~.~ _~ot and _~ don't think they should blame the surveyors. Chairman Ward informed him the Board had the letter from the surveyor admitting the mistake. Miscannon continued that he didn't t~now how people could come along and take s3~ay from others after the house is built, etc. ~. Lucas replied that they would have to pay for it, but the important thing was that the setback was met. As long as this man wants to sell, it is all right. ~ Rubin added that a man can sell property as long as 60 ft. is left on his own lot and he also must have 7½ ft. on each side. ~. Miscannon stressed again that he still did not understand why the surveyor can be blamed when the marks are in the street. I~. Ampol replied that the Board would have to acknowledge the letter from the surveyor. Mr. Mis- cannon still insisted it did not make sense to him that the error was not discovered until the house was finished. Chairman Ward asked if he was adjacent to this propertyi~ad he replied: yes, I have a 65 ft. lot adjacent to it. Mm. Kendall then appeared before the Board again and stated the facts as stated by Mr. Miscannon were not correct~ which are verified by the deeds. He is right about the pegs, but we did not own two 50 ft. lots. The man that owns the house is not selling us anything, but we are giving him 10 extra feet. We had to buy the entire 60 ft~ lot and gave the man t0 feet after the error was discovered. We did have other lots, but wound up with 75 ft. after building other homes. We bought the additional 60 ft~ much. later than the rest of the property to meet the regulations, F~s. Elsa/~t~m' stated her name and her address as N.W, ~th Street. She asked the Board if the variance is granted, will it affect the lots immediately across the street and enable smaller houses to be built on them~ thus changing the zoning to allow' building on all 50 ft. lots? Chairman Ward replied ~I~VJ ~,.ES BOARD OF A~JUS'~'~"~,~' !~ETI~G lEdGE FOUR NO:JEM~ER 5, I that the builder would have to comply with 'the square foot- age as required by zoning no matter what size of the lot. M~. Lucas assured her that each case was handled individually. Mm~so ~arttar continued that she could not get a good price for her house because of the neighborhood, but the taxes still kept going up~ if they build on these smaller lots, my house will really become invaluable. ~.h~o Lucas informed her if the people owned the lots across the ~reet prior to 1962~ they would be able to build due to hardship regardless ~ the change in zoning. We presume the lots were all platted at 50 ft. originally before the zoning was made and must con- sider each application. Mrs. Tartter asked the name of the surveyor who made the mistake and Chairman Ward showed her the letter She asked if the Bu~dmng Department checked this and I~. Lucas assured her they did, but after the build- ing is finished. Chairman Ward pointed out again that regard- less of the size of house~ it could be put on any size lot as long as it met square footage requirements. If people were to meet variances, they would still have to build a house that meets with zoning regulations. Y~s.~Tartter asked if the zoning would be changed and Mr. Lucas replied: no. Mr. Lucas asked if Mm. Kendall would be willing to buy 10 ft. more if he could get it and also asked if Mr. Miscannon would be willing to sell t0 ft. ~.~. Miscannon replied: no, ! bought an additional 5 ft. to put a trailer on it. ]~. Lucas summed up tha~ there was no additional property available. Mr. Cousins made a motion to approve the application and it was seconded by )~. Lucas. Motion carried 5~0. Chairman Ward ascertained there was no further business. Ampo! made a motion to adjourn and it was seconded by Mr. Ec~e~t Meeting adjourned 5:45