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Minutes 10-15-73MINUTES OF THE BOARD 0~' ADJUSTMENT ~,/~'~'~'~"~ 'i' H ...... i~,~ H.~LD AT CiTY BOYNTON BEACH, WLORIDA~ MONDAY, OCtOBeR ~5, ~973 AT 5:00 ~RESENT: Ezell Hester Frank G. Lucas Walter B. Rutter Gil M. Eckert George Ampol Mike Rubin, Asst. Building Official Ernest G. Simon, City Attorney Foy Ward J. Lester Cousins Richard Rohan Jack Barrett~ Building Official Chairman Hester called the meeting to order at 5:05 P.M. announced hay the microphones were not t ~ He worx~ng. He then m~tromu~ed the members of the Board~ The minutes of September ~0 were read~ ~. Rutter made a motion to accept the m~ ~ .~nutes as read and it was seconded by }~. Lucas. Motion carried 5~0. Parcel ~ _ Relief from 60 ft~ lot width requirement to 50 ft. lot width platted to build single family dwelling on each lot. Lots 234 and 240, Laurel Hills, 5th Add'n Recorded in Plat Book 23~ ~ge 183 Palm Beach County Records Address - Lot 234~ $~2 N.W. 8th St. Lot 240, 717 N.W. 8th St. Applicants - Charles and Dorothy Gurka ~. Hester informed the Board that at the time the owner b ought these iots~ the city only required 50 ft. and the owner wants to build a house for himself and one for his daughter~ which was planned at the time of purchase~ P~. charles Gurka stated his name and that he had bought these lots ~6 to ~7 years ago with the idea of moving here eventually° When we bought the~a~ we could build on 50 ft. lots and didn,t anticipate any problems~ Mr. Hester asked if there were two iots~ 50 ft. wi~e, and that he wanved to bum~m two houses? }.!~. Gurka re~lied: yes, and that the lots were not adjacent] ~ po~nte~ out namrman Hester asked if anyone was ~.~resen~ in favor of this request and received no reply. Chairman Hester asked if anyone was oresent in objection of this request and. the following appea~ed before the Board. ~OL_<D OF ADJUST?/~NT ~ETZ~?G OCTOBE~ ~5, t973 ~ Harold Werger stated his name and his ~daress as ?~h Court~ He said the first thing to be considered was that Mm~. Gurka had these lots up for sale. This Board has been granting variances to other people. M~. Manning got a vari- ance and then he sold the variance and.. lot to a builder. i~. Fau!kner, Lot ~0~ got a variance and built a house and then sold it~ he never moved into it. It seems to me these variances are given out pretty freely and you are not pro- tecting the people that have bought 60 ft. or better lots to build on. Chairman Kester disagreed and stated that this Board does not issue variances freely. I think if a person 'bought a lot and held it for ~5 or ~6 years, they should be able to build on it Maybe other ~ · peop_~ cannot afford two 50 ft. lots~ I do not think this Board gave out variances freely~ but considers each variance as it comes be£ore this Board. Our main responsibility is to look at each case as it comes before us and decide what is best. ~. Rutter stated that he would like it imown that this Board has the city at heart. We have at heart the ' ' .~ , '- mnveres~ of the people who have l:vea here for years. After changes~ we try to weigh these in our judgement Mr. Lucas stated that M~ Manning ~ ~ · - ~ad come before the Board and asked for a variance to build the house for his daughter. M~~. Werger informed him that he had sold the lot with ~e variance and [~. Lucas re~lied that this was not in-own to the Board. ~. Werger asked why he was allowed to sell it with the var~ance~ ==~o~o replied that it was not under the Board,s jurisdic- tion. We just had the evidence from ~. Manning stating he owned the lot for the nu~be~ o£ years he did and he stated it was for a house for his daughter. Mr. Werger suggested that it would be a good idea for a azmance to go the v ~'- to building department. Mr. Barrett said he should have advised the Board when ~ Manning got his · perm~_v. There is nothing to stop him from s~,~o', .... ~ afterward. We do not have any real control. The Board of Adjustment cannot deny a man the use of the iand~ but he must prove some hardship or reason for the variance. Perhaps ~.~ Manning ' ~ . · mn~nded in good faith vo.build on it~ but other things happened to change it. Ampo! informed the people in attendance that each member of the Board serves gratuitous and gives up time for the good of Boynton Beach and we study each and every case. We don't know what this man is going to do. Mrs. Peters stated her name and. her address as 7th Street She stated she has l~sem there for ~2 years. We saved years for a nice house and now houses are popping u~ on 50 ft. lots. You should make people sign ~at they won't sell it. We have a 50 ft. lot and we could say it was for children and sell it at a big profit. We ~aid a !ct of money and the neighborhood ~ like _ - lom_s . a dump w~th all 50 ft. lots. Chairman Hester MINUTES BOARD OF ADJUSTMENT PAGE THREE OCTOBER ]5, 1973 stated he had been there and there are nice hoaxes and some are on 100 ft. lots. The lot size has nothing to do with it~ as the house size can be the same. ~s. Peters re~lied that if you have a big house and a tiny house comes nex~ door~ you cannot sell for a good profit. The real estate agents even agree with so many little houses coming~ the neighbor- hOod is not as good. They should, sig~ that they cannot sell to a bulide~. Chairman Hester informed her;~, that w~e Board camnot tell someone to do that; we cannot say they cannot sell nemr house. How do you know what size house is going t~ . to be built? They will have to '~ aside by city setbacks and side requirements. ~. Benjamin Elliott stated his name and his address as 860 N.W. Sth Avenue. He stated that he owns the two lots next to Mr. Gurka~s one lot and they have nothing on them. I wanted to buy the lot from ~ ~. Gurka~ as I was trying to get three lots in order to sell two 75 ft. properties. There is property he could buy. ! am opposed~ as I either have one 100 ft. lot to sell or two 50 ft. lots. ~. Lucas asked ml_ott when he ~urchased the lots? ~. Elliott replied ~hat he has had them ~or quite awh~le~ sometime in the ]960,s. The ordinance is for 60 ft. lots and when I built my home in ]959~ it was that. Ail the lots were 60 ft. then. Chairman. Hester questioned how could these people have 50~ft. lots? Mr. ~!!iott replied that possibly they had inherited them and I~~. Hester informed him that they had bought them in Mr. Turtle stated his name and his address as 8th Street. He stated to the Board that ~ g~ ~=. Gurka had ori~nali~ bought the lots for himself and his daughter~ but has had them up for sale. Chairman Hester replied that this was not logic that this would, be a good objection. ~. Rutter ~uestioned if they were u~ for sale~ why didn,t ~.~ Elliott buy? Mr. Gurka informed the Board that he had only had the one across the street up for sale. Mrs. Huf!in stated her name and her address as ?~ N.W. 8th Court. She stated she owned the lot in back of one of Gurka~s lots and had been trying to buy it~ but he wouldn,t sell it to her. ~. Lucas stated it was his right and he now wants to build. Chairman. Hester stated that the Board had nothing to say about whether he could sell afterwards. i~. Lucas added that everything is based on the hardship and the time it was nurchased. Mrs. Huf!in questioned what dif- ference it was w~ether he sells or builds a house on it first? Chairman Hester said that a house on a 50 ft. lot could look just as good as one on a tO0 ft. lot. I~s. Huf!in disagreed stating that the rooms are too tiny. Chairman Hester re'~lied that a eerson has the right to su_id on the property as long as he meets city requirements. }~s. Hufiin replied that the ~z~ Z O~R OCTOBER 15, t 973 whole neighborhood is 60 ft. iots~ why are these two differ- ent? Chairman Hester informed her that these lots as recorded on the Plat Book are 50 x 139.5 ft. ~s. Hublin stated that the next street were all 60 ft. lots. ~s. Peterson stated her name and that she ~ m~ved on the corner adjacent to Mr. Eliiott's lots Tt would affect me as we b - ' - ~~a~e a double lot and have plenty of space between houses. A house on a 50 ft. lot can be very nice~ but there is not much space in between h ~ ~ , C a=rman Hester informed her that the city quires o~ ft, on each side. ~s. Peterson asked why the city was so strict with zoning and did not allow her to put in a screened-in ~orch? You can say, though~ that everyone else has to build-on a 60 ft~ !ot~ but ~ ~ s~.c= this man bought his lot sO long ago~ it is all right for him? You have not heard anythi~g we have said~ Chairman Hes~ ' vet replied that he was !istening~ but could not see the logic. I have been there. Mrs. Peterson said you have seen little houses~ but have you compared other neighborhoods to it? You cannot ~u, a house on a 50 ft. lot and make it look as good as on a 60 ft. lot. Chairman Hester asked if anyone else was zresenv des~rinff to D ' object to this ~etition and Mrs. ~ ' ' ~- - - Hufimn replied ~rom the audi- ence that others were unable to come, Mr. Rutter asked how many o =eop±e in that area had been notified and M~. Hester re- plied: about 50 to 60, Chairman Hester added that no letters had been received in objection~ M~, Rutter made a motion to grant the variance and it was seconded by Mr, Lucas~ Under discussion~ M~ Ampol announced that the ~'' Board had no a~e_nat~e and must go by the rules of the Adjustment Board ~ ' ~ Cnamr~mn Hester -~ that he didn't +~ we could deny a person the right to build on his ~ro- '~erty that he b ' · _as owned since ~958, ~+~'~ - - ~-~ carried 5-0, ~. Werger asked if the variance could be granted only for him and his daughter and not to sell? ~o Simon stated that the hardship still remained~ but the Board could apply cer- tain conditions to the ~ ~ ~ , ~a~_ance. Mr. Gurka staved that he would not have bought this property if he could not use it. M~. Lucas asked if he had any intentions of building and then seisin ? ~ g Mr. Gurka re~lied: no, Z want to build, on one. tried to buy or swap w~th neighbors when the ordinance went into effect, but didn,t have any success in obtaining an ad- jacent lot. ~. Ampol pointed out that the variance was granted so he could ~ oum_m for himself and his daughter. If you decide to sell to a builde~, we can stor~ a oum_dmng oer- mit from bein~ issued ~ - - .... · ~r. El!iOtt asked why the ordinance couldn,t be kept? My lots are right next to these and my lots are for sale. He has never tried to purchase my lots. PAGE FiVE OCTOBER 15~ 1973 M~'. Rutter decided to rescind his original motion and M~. Lucas rescinded his second and the ~ote was cance~_ed. Mm. Ampoi made a new motion that the variance be granted to Charles and Dorothy Gurka under these conditions that they do not sell this property with the variance of this Board or that they do not sell them in the~mediate future, i~, Eckert seconded the motion, Under discussion, ~. Rutter pointed out the variance be granted provided that the vari- ance not be granted to anyone else. Chairman Hester added that this variance is for a _arms~mp to h~m only. Motion h c~eo. ~-0. A person in the audience asked if a variance was saleable? · f it is granted to one mndmv_muai, how can ne ~!! it? I~5~o Ampol replied that under this ;oarticular case, he cannot sell it° ~:fl~o Gurka questioned'~if this could be indefinitely? Chairman Hester stated that he had a hardship since he has owned n=se lots for so ,.~any years. If anyone should pur- chase those iots~ it would be very 5. .~,~mcult fo~ him to build. 'You have a hardshi~,o and can bui!d~ but cannot sell the land Mr. Simon mnxormed t~,e audience that the Board.~s first responsibility is to determine whether there is a hard- sh~p under various reasons, =he_e is a hardship to this man. and since this is true, you can grant the variance wm~n cer- tain restrictions, if you feel this is a reasonable use for this land~ relate your conditions to the h ~== dsn.~ps ~nat you find, If this gentleman is going to build a single £amiiy house on that proe~rt~, he may do so as long as he relates to t~_e hardsamlo, that you decide Relate your ond,~=ons to that request. The time element will. relate to that. By coming to you now, I expect that he intends to build now. ~. Willie Anders stated his name and his address as 31~ S.~. 3rd Avenue, He stated to the Board that he thought he would give this gentleman the grant to build, but that he has to sign that he has to live in it for two to three years. He could only live in it one!day otherwise, Why should ~eo~le be able to ~-~ live in it one day and then sell? You should have an ultimatum of living two to three years in the house. ~. Werger added that he thought the people would appreciate it if on the variance that was granted that it was stipulated that the property could not be sold with the vari- ance, ~, Lucas informed I~~. W'erger that this had been done and that the Board would consider ~, Anders' suggestion, Mr. Ampoi added that the Board was trying to be fair with the people in attendance and with Mr, Gurka. Chairman Hester announced that Dr, Lynches petition would be considered next~ as he had to leave for the hospital, ~GE S Relief from 25 ft. setback requirement to 15 ft. side setback. Lot 6~ Block 4, Chapel Hill Recorded in Plat Book 2~ Page 111 Palm Beach County Records Address - 707 Chapel Hill Boulevard Applicant - Harold j Lync~h~ Jrt, Dr. Harold J. Lynch~ Jr.~ stated his name and his address as 707 Chapel Hill Boulevard, He reminded the Board that several weeks ago~ he ~-~ ~eo~n~ed a drawing and outlined his problem in expanding some bedroom space, I want to extend it 10 ft. to bring it up to the level of the garage on the property. Be- cause of the number and size of the children in my fami!y~ this is the only workable solution i could come up with° Chairman Hester acknowledged that most of the members were familiar with this. Dr. Lynch added that as far as he knew~ he didn't have any regress to any architectu_a= committee in Chapel Hill. In Laurel Hiit~ the property owners go to one man for deed restrictions. As far as i kp_ow, the committee in Chapel Hill does not exist. Mr. Ampol asked if the commit- tee had contacted him and Dr. Lynch replied that he could find none existing. Mm. Rutter added that most deed restrictions must be checked. As far as I understsm_d, this Board follows ~'+ ' set .......... ms by the deed restrictions. Mr. Ryan stated his name and his address as 706 Sunset Road. mnzormem the Board ~ ~ ~ he saw a variance that was given on 2otn Street and these houses are right on the line. Zf you '~ve variance~ then n '~ g_ one a oe~s it too. I am two blocks away~ but the whole neigh~borhood would be affected. He could go up and would not be on top of his neighbor. am in the area and one is going to creep up on the next one. ~, Lucas informed him that another board had granted the va~m~nce on 2$th Street two years ago Have you looked at the situation at Dr. Lynch's nom~? ~'~. Ryan r~p!~ed tno~ he had M~ Lucas questioned if it being equal ~_tn tn~ o~age would be all right~ ~ would have to live up to side require- ments~ It won,t go close to the next house, but will come out to the ~=~ _ n r~m. It will not sh~rte~ the distance between the two houses~ ?'~. Don McV'icker stated his name and that he had just bought the house next doo~ to Dr. Lynches home. Please e~iamn what is ~p!anned Dr, ~' _ · ~yn~h showed the plans to him. The pro' that I see is that my house goes back on an ~gle and this would cut-off my view off Ohape! Hill Boulevard. ~'~v living room would just see the side off his house. Since my house sits on an angte, my front would look at the side of whole his house~ instead of the boulevard. MINUTES BOARD OF ,'~D.TTT~FDTV~FFp ~'-~'~ SEVEN OCTOBER 15~ 1 973 }~. Paul Startzman stated his name and his address as ~0~5 Pine Tree Lane, }~ssion Hill Subdivision. He informed the Board that he appeared at the original hearing on September 10 and was here again on September 24 when there was no meet- lng of this Board. Tn the meantime, uh~s Board is fully aware that others beside myself have initiated petitions on Seete~ber 2~ in objection to this. Another one was naLded to me with seven people objecting after September 2~. This Is a top ~l=ght re~lde~.tla! area of Boynton ' ~ ' Be~cn and I chased ~rg pro'0erty because of the existing deed restrictions which were~th~n in effect in 1956 and it ran with the land and was an accepted restriction. This would violate any deed res~rmc~ons T bought m~ ~ ~ ,~ _ · - ~ p~o.?rt~ ~n t956 and i think the doctor bought his about t963-64, The fact remains that these deed restrictions run with the land and ! realize that this Board is not here to grant the deed restrictions, but when there are deed restrictions and zoning restrictions~ it is the most restrictive that will prevail, In that case~ the city has a zoning setback requiring a 20 ft, setback and other r ~ - equ=remenus. However~ the city enacted in 1962 a zonm~s ordinance of a 2~ ft. setback requirement. These deed restrictions were ~resent before that ordinance was enacted. Certain ~bi~ ~ ~ ~ - , . ....... g ~e ~ccepted Dy the bu er ~n Y o .. s not to ~mo!a~e ~hem when ae purchaseS the land. Z realize that ~' ~ r-_ ~__ms Board in nea_mng me can act cording to the hardshi~ they find. The deed restrictions do not object to secon~ stories and t~= are other homes with s ~ ~ econa stories. Z am sure the construction of the house ~' ~ou±a. ~ermit it. Deed restrictions run for 25 years and are automatically renewed every ten. years. That renew- al period is not here until ~979. Z don~t think, this Board should grant a variance unless there is a genuine hardship. Where is the hardship with three or four bedrooms already? If there are ~rae~ true hardships~ but there are many £ami- lies of seven ebat !~ve in houses w_tn the same amount of bedrooms. Other pe~ople have purchased and based ~ ' chase on deed restrictions. I believe that anything you do here in th=s Board can be completely negative ~ztnmn 'the realm of the deed restrictions. Those who have signed this petition show objection and no,2 one person has s~oken in favor Therefore, i hmnk and ? b -- ~ e~meve that the people of Chapel Hill are perfectly free to initiate appropriate ac- tion when the first spade o£ earth is dug and not delay to see it not go onto completion, i ask this Board in the terest of this city not to grant any variance b ~ eyo~t~ E~ose of the deed. restrictions~ Mm~. Ampoi asked ~.~. Stsm~tzmsm if he was on the com?nittee? M~ Startzman r~~ ' ~==:~. that he didn,t know who was on the committee and that he did not live in Chapel Hill The deed restrictions say ~nat no am o=rnavmves can be made~ but say that any lot owner can insist on any covenant as stated in the restrictions. Tha property immedi- a~e=y across the street recently changed hands and came to the bui~d~n ~ - ..... g department asking for a ~ermit and was denied, He mefused to sign the ~etm. t~on and is awaiti~ the outcome so he can come ac~' ask again. -~ b ' and BOAND 0F ADJNSTPENT PS~ET!'N'G PA~N E IGmP OCTOBEP~ 1~ ~ 1 9?3 Mr. Alex Gaby stated his name and his address as 3015 Green- wood Lane. He stated that the builder next door who planned to build within the next few months was granted a variance, this new house would cover his house. We have a stretch £rom the street to the garage, t am worried about the property next to me where the builder intends to do the same thing. Hr~ ~utter questioned whether Dr. Lynch could build a second story? Will ~ ~ ~ ~h~ structure support another story? ~. Barret~ replied that he had not seen the plans and did not 2mow if it would support a second story, i must see the plans first to determine this. Hr~ Startzman stated that it would be neces- sary to check the construction before adding a second story, but that he suggested this since the deed restrictions did not object to a second story. Frances Judd stated her name and her address as 3030 Green- wood Lane. She first stated that she had not signed the peti- tion. We have a nice street~ but there is one lot where I understand the man does want a variance in order to build. i plan to sell within the next one to two years and Z hate to see the value of my property go down. I think each peti- tioner should be handled individually. Mr. Lucas stated that the man who bought the vacant lot bought it with the city ~-~ ~' res~r=c~mons. As ! understand £rom the last meeting~ this man wants to move the house forward for a swimming pool and this would not be a hardship. This would be considered, Chairman Hester announced that the Board had received two letters in opposition. One letter was from i~~. and Nh~s. F. A. Young o£ 3020 Greenwood Lane and the other with seven names objecting to the variance similar to what ~, Startz- man said about the deed restrictions. Mr. Startzman asked iff he had not received the one turned in on September Chairman Hester replied that it was not in the box for the Board of Adjustment. A member of the audience stated he brought it in two weeks ago and gave it to the City Clerk,s office and it had I9 names on the petition. Mr. Barrett stated it was possibly an oversight since the City Clerk is in the hospital quite ill and the Deputy City Clerk is on vacation. Hrs Edward Ditmars ~ ~ ~On ~ - s~a~ed her name and her addrsss as ~ .... Chapel H=m_, Boulevard. She in£ormed the Board she was in favor of this addition, as it would add to the ap'oearaz~ce of the house. ~ ~ Dr. Lynch advised the Board that he had to leave for the ~~-.~'~] Negardless o£ deed restrictions~ we do have s~ .... eig_~bors and ...... have a friends on t ..... street and ~ n ' b f~nds MINUTES 0 TOS. sR 1.5, 19715 question~ ! would like you to take it uN_der further advise- ment. ! don't want to alienate anyone~ as I plan to live there for a~,vhm~e. }~. Ampol asked if he could build a second story~ Dr. Lynch replied that there was a structural probiem~ as taking off a roof would cost a~,,~!great deal more than adding on and the cost would be prohibitive. Chairman Hester announced that the members had two things to be concerned with: the city ordinance and the deed re- strictions~ Hr. Ampoi stated that the deed restrictions shouldn't concern this Board~ as there is a hardship. M~. Lucas agreed that with a hardship~ we are not con£ined by the deed restrictions. ! was there and if the doctor stays within the architectural Construction of the side of that building, I believe it would not deteriorate the neighbor- hood. P~. Simon advised the Board they weren't concerned with ~e deed restrictions, but must apply the ordinance. i'/~. Rutter stated he had listened to this and was in sym- pathy with people living in the area as far as~to the value of their_ houses. We are dealing with a hardshi'~_ ~nough.~ He~lans to aline it with the garage and ~ won't be un- sightly. PP. Rutter made a motion to grant the variance and it was seconded by Mr. Lucas. Motion carried 5-0. Parcel .s ~' ~ ~fi ~.-2 - PePpiest_on to add to existing~structure on ~0 ft. lot in N-I Zone~ all setback require- ments will be observed. Lot ~, Block 97 Central Park Annex Recorded in Plat Book ~2~ Page 51 Palm Beach County Records Address - 1t0 S.W'. 13th Avenue Applicants - Mr. & M_~s. Alfred Leroux Cna~r~..~,~ Hester read the above and advised the Board the request was for additional sleeping space. ~%~ Alfred ~ - ~ · meroux stated his name aha his address as DeCarie Street~ Delray Beach. He informed the Board he was now paying ~lSj rent per month at 'this address. I bought the house on S.W 1}th Avenue from Collier ~-~e~ie ~ ~ ~ ' · ~s~ave. !t only has one bedroom, i told himp, i would buy it if I oou!d put two bedrooms on the back~ as t have two children and he assurem me it would be okay. We ', · ~us~ want to go back 1 There will still be 38 ft~ in the back. Chairman Hester ascertained that there was not am_yone present in favor or in objection to this appiication~ M!I{U T~ES BOARD OF ADJUSTP~iINT },~-~'~n~'n TEN ~ 15~ ~973 2~9. Ampol made a motion to grant the variance ~d it was seconded by Mi~. Ruttero Motion carried Par c e l ~//~ -m~ - Relief from off-street parking requirement of ~5 parl~0ing spaces to ]6 parking spaces Lot } and Portion of Lot 6~ Block 8 Original Town of Boynton Recorded in Plat Book ~ ~ Page 23 Palm Beach County Records Address - 6~0 East Ocean Avenue Applicant - Irving Zaplan ~. Kap!an Peeuested that Pr. Field represent him. Robert E w" '~ I~. · ~!e!o.~ Jp.~ stated his name and that he Nefield Construction Company. He asce~tained the members h ~ .as. a copy of ~he site islam he prepared. The existing store- warehouse is situated in such a manner that the Pear looPtion of t~is lot is cut down considerab!y~ ~Ye ~ ~' - - - ~ - na~e tried to 15 s'~aces on the !and~but~heme is no way to do it. Nuttem questioned how this would affect the setback, etc .... ~eld replied ~nat the setbacks in zoning , ..... ~=~ not be affected~ we ape just equ=st!ng the change in parking spaces as specified in the zoning ordinance. This building has 6~608 square feet~ 'which requires 15 spaces and we cannot fit them with all the other requirements that the quires ~ Chairman H - ~_ester asked mf anyone was present in favor or in objection to this applicatioN, and received no reply, Mr. Lucas made a motion 'to grant the variance. They do need ingress and egress for 'notice~ fire ~,~_~ dumpster Mr Ampol seconded the mov~on. Motion ..... ~ , Parcel ~'' ?~ - ieeime_ zrom 25 ft. rear setback requirement to 22 ft. reap setback. Lots 5 thru PS~ ~,~n~,o Heights Recorded Palm Beach County Records Lots ~ thru 27~ Mango Heights ]st Addition Recorded in 'Plat Book Palm Beach County Records Location - Lots 5 thru ~8~ S.W, %th Ave. bet. S.W. ]st & }rd Sts, Lots 19 thru 55~ S.W, 5th Ave. bet. S.¥~'. ]s.2 & ~md z+~_ Lots 56 thru 70~ S.W. 5th Lane bet. S.W, 2nd & 3md Sts, Lots 7] thru 77~ S,W. 6th Ave, bet. S,~Zf. 2nd & }rd Sis. MINUTES BOARD OCTOBER t5~ 1 975 Applicant - _'~am Const~, Inc. - Ken Murry Mr~ Ken Murry stated his name and that he had built four model homes with o,nen carports. At t~he ~resent time~ we are building ~ ~ s~reets in Ma~ago ~emghvs and intend to get into a ~s~ge bu~idi~g ~rogram. Most of the buyers mow want emc!osed garages~ Because of the setback of 2~ feet amd the required ~ ~250 square feet of li~in~ area~ we must add ~ feet in order to enclose a carport to allow a door. We have now decided to change all off the houses to a garage instead of a carport. It would increase the lorice of the house and would improve the neighborhood. ~-~. Am.~,o= ques- tioned iff he was asking fop 3 feet and ~. ~ur~,v ~epiied- yes~ fo~ the 73 lots left . ~r. askea how any streets ~,e=~ oemns cut thmough and Mr !~'~u~ry re~oiied that all were being bu__t at the present and will be finished within days ~ Mr~ Bob Leader stated his name and his address as S.W. ,'+th Avenue. He informed the Board he was in favor of this ap- piication-~ as he thought it would definitely improve the future value of the area~ Carports are not ~n~.~ a~_actzve. This would be a de~mmte :-~r, -=- A person in the audience asked the reason for this petition and Chairm~ Hester re;oiled that it '= ~-~ ~' -~ m~p=~.~d~m u~oon the size of the house and that it must be 25 feet from ~he back and front. He wants to put a garage instead of a ca_poz ~. A other person asked if this included the ~ easemenv and 1Tub.in replied, that the easement was part of you~ ~.~.~_ This person res.sondea e~at much wouldn't be left in the back yard and },~. 7~utte~ re'olied that in reference to ,' ' - - ~,'nat a car- 'port could invite~ a garage would be better. This person agreed, but still referred to the small size of the back yard Chairman Hester + ~ s~a~ea it would just be a 3 ft. difference. The City only requires 25 ft. front and rear. i, mc. Donald So.~lamoert stated his name and that he was from the First P?'esb ~t=r~an ~- ~ ~ - Church of Boynton Beach. He informed the Board they had taken this to a vote with 't!he Board of Trustees and they were in favor of this~ providing the car- ports will be converted to garages ~ ~ neighborhood,. . . ~h=s will enhance the ~'h,~s Robert White stated her ~.~.,=e and her ao~ ess as 307 S.W. ~th Avenue. She asked why when this land was ~out u~ for sale~ why wasn,t she .... ~ ~ = .. - no~z~mem? Now they are ouztamng~ The lots are small and we didn,t even know they were planning to bu~td ~-~ -- ~n~e~ The whole neighborhood ms oezng to~n with these houses and townhouses in the other direction. T'~e City is ~uttin~ in water ~- - ' -~ ... - ~=pes a. na is making a mess too. Chairman Hes~er advised her that these ~oints should be brought up to the City Councii~ 973 A man approached the Board and stated he was }~s, White's neighbor on S.W ~ · . .~n Avenue He asked if s!dewalks ' ' would be on these new streets? Chairman Hester replied that this was out of the Board's jurisdiction. We are only here to give variances to t~..~ngs that have existed. This should be brought to the attention of the City Council and building department. The gentleman stated that since he bought the house five years ago: they are putting chicken coo~s (town- houses) in front of our -~emghoorhood i would rather have a de'sa~tment store than ~ ~ · - - ~.~es~. Who gave -oermmssion for these hmc~<en coops? Why didn,* we get a letter about these townhouses? I took off from work for this meeting. Chair- man Hester replied that when these things are pre~entea to the Building Department and meet all requirements of the City: you do not get a letter~ only when a variance is re- quested. 'When ~ - heoe ~.my built t o ~,. ~,: it must have met all re~uiP~:me~e~ e ........ The man rep!lei that he was a carpenter foreman and had never seen such poor construction as these townhouses. You should change this. Chairman Hester · -e',,~a that the Bumla. mng Department ts~zes care of this~ but when citizens react~ it h~m~s. He advised tn~y should come to the City Council meetin~ which meets on the first and ~ .... ~nmra Tuesday. Mr, grupo! k~d: a motion to grant the variance - ~na it was seconded by PP, Rutter. Motion carried Parcel ~5 - Variance to continue sign shop at non- conforming location W. ~00 ft. of Lot Block B~ Pence S/D Recorded in Plat Book ~ ~ Page Palm Beach County Records Address - 6~ S.E. 5th Avenue Applicant - Gilbert Collins t, ee Gilbert Collins t ~ ' -~. ~. s a~em his name and his aaa. tess as S.E 5th Avenue · . .~.e informed the Board that he wants to use his garage as a sign shop as I am retiring and want to 'take it easy, Rents are too high on the highway~ The area is commercial now. !n ~959~ I was granted a variance and had a sign sho'o in the garage for ~ years an~ ~ z our s wou!a like to ~ontinue. :~'. Nubin added that having a residence and shop o,.n,~e~c~al area~ is the relief he is asking for. P~P. Eckert made a motion to grant the variance and it was seconded by P?, Ampo!. Motion ca,Pried PP Ampol ~'~,~ a motion to '~"~. since court was aoout reads ¢o begin ~.~ . ~.r. Lutes seconded the motion Meeting adjourned 6:50 P.M.