Minutes 03-19-73MZN~TES OF THE BOARD OF ADJUSTMENT MEETZNG HELD AT £ZTY HALL,
BOYNTON BEA£H~ FLORZDA~ MONDAY, M~R£H 19, 1973 AT 5:30 P.M.
PRESENT:
Ezell Hester
Foy Ward
Walter Ru~er
Lester Cousins
Frank Lucas
George Ampola, Alternate
Gil Ecker% Alternate
Jack Barrett, Building Official
ABSENT
Richard Rohan, Alternate
Mr. Hester called the meeting to order at 5:30 P.M.
Minutes - February 26, 1973
Minutes of February 26th were read. Motion made by Mr. Cousins minutes
be approved as read, seconded by Mr. Ward. Motion carried 5-0.
Parcel ~1 - Relief from 25t rear setback requirement to
16T rear setback
Lot 37 - Harbor Estates Subdivision
Recorded in Plat Book 21, Page 98
Palm Beach County Records
Address: 812 South Road
Applicant: Mr. & Mrs. Arthur Lindah!
Mr. Hester informed the Board that Mr. Lindahl Wishes to build a house
on a lot 100T x 80' and has requested a variance on the rear setback line
from 25T to 16t, as the depth of his lot has created a problem for the
design of his house.
Mr. Hester read a letter from Mr. Lindahl designating Richard L. Pooley
as his bona fide agent in handling of this petition, and asked Mr.
Pooley to come forward.
Mr. Pooley stated his name and his address as 2200 South Dixie Highway,
Boca Raton. The reason for the request was that they cannot get an all
ready designed house on a 80T x 100T lot. The design was based on a
100T x 80T width lot.
Mr. Cousins asked who it was that assumed this was a 100' depth lot~
Mr. Pooley stated it was Mr. Lindahl, owner of the lot. The drawings were
made about 6 months ago, based on the dimensions given to the person
making the drawing, by Mr, Lindahl as being 88T x 100T he not knowing
that they state, in architectts terms, dimensions of width of lot first.
They' information, they state, was obtained from the building department.
Generally the width iss~'~a~d first and then depth of the lot. Mr.
Lindahl, not realizing, switched it around.
MINUTES BO~RD~OF ~DJUSTMENT
MA~£H 15, 19~ - £ont~d.
Mr. Cousins asked, if in other words, Mr. Lindah! didn't give the
architect a copy of the survey which he had on June 14th.
Mr. Pooley answered thst he did not.
Mr. Ward asked Mr. Pooley if he was the architect. Mr. Pooley stated
.no, that he was going to build the house for Mr. Lindahl as a favor
to his son. Mr. Ward was surprised that the architect did not check
with the Building Department.
Mr. Pooley then stated that he actually drew the plans himself but that
an architect out of Ft. Lauderda!e looked at them and sealed them;
probably not being familiar with the set up here in Boynton Beach. He
admitted that Unfortunately, this was a situation they didn't look.into.
Mr. Ward again asked if he drew the plans and someone else sealed them
to which Mr. Pooley answered yes.
Mr. Cousins wanted to know if this procedure was legal in this state.
Mr. Wamd questioned the legality and stated that he knew of an engineer
who had his licenseC pulled for such as this.
Mr. Pooley stated that in this case~ he did check with the architect and
was working as an agent for this architect strictly in a drafting capacity,
and the architect did check the plans before they were sealed.
Mr. Barrett asked if he drew them under the architect's supervision.
Mr. Pooley replied not when actually putting the pencil to the paper,
only review of design criteria was under the architect's supervision.
More discussion followed.
Mr. Pooley said his appeal was not so much oversight, this naturally has
a lot to do with it, the hardship is the 80t depth. Take off 25T front
and 25' rear setbacks, there is only 30~ left to get into the depth of
the house; then consider 20 to 25' for garage, there isn, t much
left.' He believed that some of the surrounding homes have already
received such variances.
Mr. Ward stated that if this is passed, a precedent will be set and
others will have to have one.
Mr. Hester stated if this lot is 80' then the others too will be 80' in
depth and they too may have to require a variance.
Mr. Hester asked if there was anyone present for or against the variance.
No one appeared. Mr. HeSter said he received a letter, and they were not
opposed to it.
Mr. Hester asked for a motion.
- 2 -
MINUTES BOARD OF ADJUSTMENT
MARCH 19, 1973 - Cont'd~
Mr. Cousins moved variance be gmanted for a. 16' rear setback,
secondedby Mr. RuT~er. Motion carried 4-1, Mr. Ward voted no.
Mr. Ampole called to the Board's attention, the absence of Mr. Richard
Rohan, Alternate, for the past 3 meetings. He asked if aletter shoUld
be sent to Council asking Mr. Rohan be stricken from the Board, and a
new member appointed.
After much discussion~ it was decided that a letter be written to Mr.
Rohan asking him to attend the next meeting. Motion made by Mr. Ward
seconded by Mr. Ru~er this be done. Motion passed 5-0.
Meeting adjourned at 6:00 P.M.