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