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MInutes 08-27-73MINUTES OF THE BOARD OF ADJUSTmeNT M~.ETING HELD AT CITY HALL, BOYNTO~ BEACH, FLORIDA, MONDAY, AUGUST 27, 1973 AT 5:00 P.M. PRESENT: Ezell Hester Foy Ward Frank G. Lucas Walter Bo Rutter Gil M. Eckert Mike Rubin ABSENT: J. Lester Cousins George Ampol Richard Rohan Chairman Hester called the meeting to order at 5:00 P.M. The minutes of July 9 and July 16 were read. Mr. Ward made a motion to accept the minutes and it was seconded by ~. Eckert. All voted in favor and the motion was carried 5-0. Chairman Hester introduced the me~ers of the Board. Parcel #1 - Relief from 25' rear setback requirement to 21' rear setback. Lot 17 - Harbor Estates. Recorded in Plat Book,ia1, Page 98 Palm Beach County Records Address: 647 South Road Applicant: M~. & ~s. Vernon Morningstar Mr. William Gill stated his name and his address as 844 East Drive, Boynton Beach, and presented the Board with a letter from ~. & ~s. Morningstar designating him as their repre- sentative. He stated that the additional 4' in the rear was requested to make the patio at the back a little larger. He informed the Board that they planned to build a new home 62' long by 31~ wide and wanted a patio in the back. M~. Lucas, ~. Hester, Mr. Rutter and M~. Eckert all questioned ~. Gill about plans for the house. ~. Gill said that he did not have any, but was sure the owners planned to send them. Chairman Hester asked if there was anyone in favor or in opposition to this application and received no response. M~. Rutter made a motion that the variance be denied and it was seconded by ]~. Lucas. Four members voted in favor and one against; motion carried 4-~. MINUTES BOA~RD 0F ADJUSTmeNT~,~ET I~,~'?G PAGE ~0 AUGUST a7, t 973 Parcel #2 - Relief from 60' lot width requirement to 50' lot width platted. Lots 84 & 85 - Lakeside Gardens Recorded in Plat Book 8~ Page 57 Palm Beach County Records Address: 643 Potter Avenue Applicant: Marguerite Trinda!! Mr. Robert Griffith of Griffith & Moore introduced himself and stated that he represented Marguerite Trindal!. He in- formed the Board that Marguerite Trinde!i has held title to this property since 1957 and it is the only lot left for development. The lots on both side are occupied~ so no addi- tional property can be purchased. It is a deep lot and all setback requirements will be met. Chairman Hester asked if there was anyone present in favor or in opposition to this application and received no response. ~. Ward made a motion to grant the variance and it was seconded by 'M~. Rutter. Ail voted in favor and motion car- tied 5-0. Parcel #3 - Relief from 60' lot width requirement to 50' lot width platted. Lots 9 & t0, Block 4, Lake Addition Recorded in Plat Book t1~ Page 71 Palm Beach County Records Address: Lot 9 - 710 N.E. 9th Avenue Lot t0- 706 N.E. 9th Avenue Applicant: Bert C, & Juanita Mueller Mr. Bert Muelier stated his name and his address as 4670 N.E. Fifth Avenue, Boca Raton. He stated that the owners of the adjacent property would not sell him additional footage nor could he sell footage to them. ~. Rutter asked if he p!muned to build a residence for himself and Mr. Muel!er replied: no, that he was a builder and that it 'would be for sale. Lucas asked when he purchased the property and Mr. Muelter replied: approximately two months ago. M~. Lucas questioned the adjacent property ~ud I~,~. Muel!er informed him that on the east there were three vacant lots owned by one man and on~: the west there were three 50' lots owned by different parties. Mr. Hester questioned if he had attempted to buy the adjacent properties and ~,~. Muei!er replied that he had and had copies of letters from the owners stating that they would not sell. ~. Hester advised ~. Muetler that he should have checked the zoning regulations before purchasing the lots. ~ ~ll~ UTES BOARD OF ADJUST'?~NT RAGE THR,~ A~U~US~ 27, 1973 These lots were platted mmay years ago. It is a problem, since the city passed an ordinance stating a 60' lot was required. We are considering hardship, but you bought into a hardship, if you had owned lots for ten or fifteen years, Possibly this would be a different situation. It is diffi- cult to consider this a hardship. M~. Rutter added that he was sure the city in 1962 had a good reason to change from 50' to 60'. This is a hardship on someone that has owned the lots for many years. Chairman Hester asked if there was anyone present in favor of this application and received no response. Chairman Hester stated he had received a letter dated August 21 which enclosed a petition from the homeowners on N.E. 8th Avenue and N.E. 9th Avenue with approximately 25 to 30 names objecting to this petition. He added that he had also re- ceived letters of objection from: L. A. Kauff George Packard Walter Lacey Ethel I. Bennett John & Mary Brocko Chairman Hester asked if there was anyone present in opposia tion to this application and the following approached the Board: ~s. Walter Jackson stated that she opposed. She informed the Board that in 1962~ these lots were owned by Conrad Tasche and have been sold several times since then. There are several houses there that have at least 150' and all have at least 75' frontage. This property has changed hands at least twice since 1962. Mr. John Ba!kin stated his name and his address as 707 N.E. 9th Avenue amd that he opposed. He stated that this man knew only one house could be put on the property when he bought it. Every house has at least 75'. Every neighbor objects. ~s. George Nicholar stated her name and her address as N.E. 8th Avenue and that she opposed. There are other ~00' lot owners around us and they would also want to build two houses. ~. Lucas made a motion that this petition be denied and it was seconded by ~. Rutter. Ail voted in favored and it was carried 5-0. MINUTES BOARD OF ADJUSTmeNT PAGE FOUR AUGUST 27, t973 Parcel #4 - Relief from 7500 sq. ft. lot area require- ment in RtAA Zone to allow one family dwelling on 6750 sq. ft. (50' x 135'). Lots 14 & 15 - Lakeside Gardens Recorded in Plat Book 8, Page 57 Palm Beach County Records Address: 631Dimick Road Applicant: Lewis P. and Josephine Hinton Mm. Jim H. Carter stated his name and his address as Fort Lauderdale and that he was an attorney representing ~. & Miss Hinton. M~. Hester asked what the petition meant when it stated that they planned to build on this lot "in the near future'S? M~. Carter replied that they wanted to sell it now. }P. Lucas asked when they purchased the property? Mr. Hester added that the pebition stated the property will be improved in the future, but we usually put a Stipulation on the vari- ance. PP. Carter stated that the property was platted in 1922 and Mr. Hin$on bought it in 1923. He died and the ap- plicants are his son and daughter, it has been in the family for 50 years and they acquired it under his will. M~. Rutter asked if once this variance was approved and the property sold~ would it automatically give the buyer the right to build? M~. Hester replied: Yes. Mm. Ward made a motion to deny the variance and it was seconded by ?.~. Eckert. Two members voted in favor and three were opposed. Request denied - not a ~. Carter passed out a copy of a law which would possibly cover property such as this and asked the members to recon- sider their votes. The members made no change in their votes. Parcel #5 - Relief from 25' rear setback requirement to 20' rear setback. Lot 1, Block 6 - Sky Ranch Estates Recorded in Plat Book 26, Page 94 Palm Beach County Records Address: t04 S.E. 31st Avenue Applicant: Leon C!outier Homes by Leon M~. Leon Cloutier stated his name. He informed the members that he had a contract signed on that lot for a particular home and it was too big to conform to the existing require- ments, M~. Rutter made a motion to pass the variance and it was seconded by ~. ~ardo Ail voted in favor and it was carried 5-0° ~ MINU_~.~S BOARD OF ADJUST~&,NT PAGE FiVE AUGUST 27, ~973 M~. Ward made a motion to turn this 50' lot situation back to the City Council to do as they please. Me. Eckert seconded the motion. Discussion: M~. Rutter said it would present a problem as we have already granted some variancesfrom 60' to 50'. ~. Hester said it should go by how long the property has been owned. M~. Ward added that these people should apply for a building permit before coming to this Board. Ail voted in favor. Chairman Hester requested that a meeting with the City Council be set at their convenience as soon as possible with the Board of Adjustment to discuss this motion. M~. Ward asked the members to refer back to the Kneibel appli- cation. ~. Ward reminded the members when the Kneibel appli- cation came before the Board~ Mk~s. Johnson said he did not own it and he was not present; then at the next meeting, ~. Kneibel said he did own it, but M~s. Johnson was not present. His attorney was supposed to present the deed to me. Mr. Kneibe! came to my house and handed me an enveiope~ which I supposed was the deed. He said ~s. Johnson was right, but that it was straightened out. Z opened the envelope and all it is is a letter of committment to commence work. and not a deed. This should be checked out thoroughly. M~. Rubin said that ~. Kneibe! plans to present this to the Board again at the next meeting with an approved legal descriotion. He is taking six lots and making them into five. Chairman Hester announced that the Board would hold their next meeting in ~vo weeks I~Dc. Rutter made a motion to adjourn and. it was seconded by Mr Lucas Ail voted in favor and the meeting Was d~ourned at 5:50 P.M.