Minutes 09-18-72. MINUTES OF /HE BOARD OF AB3US~ MEETING
HELD AT CITY HALL, BOYNTON BEACH, FLORIDA
SEPTEMBER 18, 1972 at 5:30 P.M.
PRESENT
Mr. Ezell Hester
Mr. Foy. Ward
Mr. Frank Lucas
Mr. Lester Cousins
Mr. Walter Rutter
Mr. Robert Ness, Building Inspector
ABS~nNT
Mr. Robert Beane
Mr. Robert Hueston
Mm. Hester called the meeting to order at 5:30 P.M.
Parcel # 1
Relief from 25' rear setback requirement to 8.4 rear
setback lot 38, Block 40 Rolling Green Ridge First
Add'n. Recorded in Plat Book 24, page 226, Palm Beac~h
County Records
Address: 1590 N. W. 3 Street
Applicant: Reed Construction Corp.
As stated on the application, the lot is odd shaped and it would be impossible to
put the house on it mhd maintain the setbacks. At this time no one was present to
represent the applicant.
Mr. Ward moved to table this item until later in the meeting to see if a representative
arrives, seconded by ~k. Rutter. Motion carried 5-0.
Parcel #2 ~Relief from 25' front setback requirement to 13' front setback, lot 6
Block 10, Golf Vi~ Harbor 2nd Section, Recorded in Plat Book 27 Page 46
Palm Beach County Records. ·
Address: 1174 S. W. 28 Avenue
Applicant: R.R.R.R. Corp. / Showcase Homes
Parcel #3 Relief from 25' front setback requirement to 13' front setb~c~ Lot 8
Block 10, Golfview harbor 2nd Section, Recorded in Plat Book 27 Page 46
Palm Beach County Records '
Address: 1194 S. W. 28 Avenue
Applicant: R.R.R.R. Corp./Showcase Homes
These two parcels were heard ~ogether since they are related.
Mr. Silverman, representing Showcase Homes explained that it was the engineer's error
in staking these ~vo homes out. In order to complete these houses as 'contracted and
sold, a variance is needed.
Mr. Hester stated that since the error is in the carport, if the house was staked
2
Board.of Adjustment Meet. ing
9-18-72
out properly you should have known that the carport area would be off.
Mr. Silverman stated that the error is not ~quite evident until you get the building
put there. The building is 25' from the street. We laid out 22 houses, these two are
in error. It is not immediately apparent as you look at it, because the street
has big swell areas.
Mr. Ward asked if the engineer has given Mr. $ilverman a letter stating that it
is his fault. Mr. Silverman stated "no" but his engineer is due here and will
tell you himself.
The house is sold with the carport.
Mr. Hester read a petition signed by residents of Go!fview Harbour, objecting to
the request; Althojagh it was signed by approximately 76 names only 21 live' within
the 300' radius.
Tom Tidd 1261 S. ~. 27 Avenue, President of Golfview Harbor Estates Homeowners
Ass~on feels very strongly against granting this variance. He believes that
the zoning for R-1AA is not restrictive enough. There has been four active builders
in the immediate area. The fourth one depends on the carport, utility room and small
porch to meet the square footage, tie have a very nice neighborhood and these homes
downgrade it completely. The Pla~nning Board is raising the standard substantially..
The' members of Golfview Harbor Association strongly oppose this variance.
Art Sawallisch 1290 S. ~. 28 Avenue, as a resident of the area seriously objected
to th'e variance.
Albert Ott 1281 S. W. 28 Avenue thinks it is a detriment to the area and he is
opposed to it.
Lee Fichter 1280 S. W. 28 Avenue, stated that these carports are not completed but
there was two days ~ork done before th~ were stopped. As far as not being able to
tell the difference, this is just no so. He is very strongly opposed to it.
Tony Malotke, 1380 S. W. 28 Avenue, asked if this is not allowed what will happen to
his square footage?
It was explained that this is not the function of the Board. It is up to the building
Department to see that he has the square footage.
Mr. Malotke objects to the variance.
Mr. Morford is not onlyopposed to it because it is a cheaper house he would be opposed
to it if it was a chateau.
Paul Amen, 1240 S. W. 28 Avenue, strongly objects to the request.
Mr. Fred Conrad, Mr. Silverman's engineer, stated that his firm made an error. He. does
not claim to be perfect. The expense will come out of his pocket, it was his error.
His men staked out five lots, three were correct and ~o were incorrect. He did not
3
Board ~f Adj~mtment ..~ D~'minutes 9-I8-72
.catch it in the office until it was too late.
~ir. Silvermsn stated that one of the reasons it is not apparent is because you have
the swell area.
~[r. Ward asked if the front stakes were visable. Mr. Silverman stated yes.
Mr. ~'~ard moved that the request be denied, seconded by }4r. Rutter. Motion carried 5-0
Variance denied. '
Parcel # 1 Continued
~k. Charles ~¢ens, Vic$-[resident of Reed Construction explained that theM have an odd
shaped lot and wsnt toma~n~azn' ~ ' the front setback. There is no house to the rear and
side cf this lot. - tt is the only vacant lot in the area. There will be plenty side yard
the only shortage will be the rear yeard. He has a contract on this home to be built.
It will be three bedroom, 1 bath in the $21,000 bracket. The only other thing they
could do is build a smaller house on the lot. Ho~¢ever this would detract from the
neighborhood. The setback will be 12.2'in the rear.
Mr. Seward Shuman objected to the request for variance. He lives adjacent to the
property in question. ~?ny should new o¢~ners be cheated out of yard they are entitled _
to. ¥?e all have nice size backyards. Also the se~_.~ers would be a problem beconase
lines are in back of his property. He is opposed to it.
Mr. A1 Fontz, stated he would much rather see this man build a smaller house and give
his neighbor more room rather than be close to the house adjacent to it. They are
building homes that are bringing dm~m the area, and causing congestion. He is opposed
to the variance. ' .
Mr. Ness pointed out that this house could be turned around with the carport on the South.
Mr. ~.~en s~ated that was the original plan for this lot but it would not line up with
the other houses. He also stated that if he had to go into anyone's yard for the .se~er
either he Or the City would pay for it. It was his understanding that the se~er was
in front of the property.
Mrs. Virginia Keister, mentioned a house in the area that the FHA would not approve so
they put t~o doors in the tivingroom. She likes Bo)mton m~d would like to keep it a
good place. She has a 10 year old girl to raise and with the present .' ~'
' ne~ohbors she
does not worry about her being alone. You kno~.~ ~hat kind of people are going to but
these houses. ' .
Mr. Hester stated that it is up to the Buildi.ng Department tO check these things out.
Mrs. Meister further stated that the house mentioned has a front door on 3rd Lane s~nd
a front door on 16th Court. She is opposed to the requested variance.
Mr. Robert ~Foods objected, to the variance mud does not feel that 8' is a big enough back
yard~
Mr. ~¢ens pointed out that he is not a 235 builder. To but his homes you must have
$900.00 do, ma.plus closing costs. !~e home he is going to build is of no comparison to
the homes these people are thinking of. It ~il! have 138' of side yard to substitute for
the back yard. It is a very nice home, it is not a 235/~99.00 program.
~,~r. [<u'~ter moved that the request be denied., motion died for lack of second.
4
'Board-of_ A~dj~us~1~r,-"t~ Board 9-18.-72
Mr. Hester pointed out that the Board has ..given variances on rear setbacks. He does
not see where it would do any damage to the area. He has 12' in the back and all
that area on the side.
Mr. Ward moved that the request be granted, seconded by ~r. Rutter after hearing the
explanation of the setbacks.
It was iacluded in the motion that the variance is for 12' setback. Motion' carried 5-0¢
Mr. Ward moved to adjourn, seconded by Mr. Lucas.
Meeting adjourned.
Mr. F. zell Hester, Chairman