Minutes 12-02-68PRESH. Yf
Jack Pidgeway ~ O~air~an
George Da~s
[.lilliam Yates
Ray ;~tlen
Robert i{ueston~ ~ltemate
Stuart Fuller~ Building Official
Curtis Weaver
George Cur~n~a~s~ ;~ternate
Ezell ~[ester~ Alternate
l~£r. P~dgeway opened the z,~eeting ~nd introduced the members to the
people in ~e audience.
-~. Davis moved we dispense wi~'~ the reading of the ~'
· .~ ~mutes of the
last ~eting ~nd -they stand approved as ~mitten. Seconded by ~'~.
~ueston. ~&~7.ously carried.
Lot 7~ plus %~?est 25 Ft. of Lot 6 and. East 25 Ft.
of Lot 8, Block 27~ Bowers Park Subdivision as
recorded in Plat Book 11~ P%ye 57~ P-o/m Beach
Court%, records.
Address: 128 S. t?. 10'th ~avenue
Applicant:
First National Ba~k of De!ray Beach~
E~ecutor of ~e Estate of Edna
Rob~.son ~ Deceased~ and Jacqueline
Gates and Jad~ H, PoBLnson~ Jr.
lineal deseend~nts of Deceased,
~m. Ridgeway advised %hat the hardship in this request is they were
served with a notice of demolition, by-~m City of Boynton Beamh stat-
J~ng the house defective and did not comply wi%h the Ordinances of the
City of Boynton Beach.
l~. John Williams~ attorney for the First National Bank of Delray
Beach came forward and advised the _P~nk was served notice of the
intention of the City for a demolition order asserting the Bank, to
be the o~er, but the Bank is rrarely Executor of the Estate, not the
owners. 1~.]e house was in deplorable condition at t_he thT~e we ~mre
served with the notice. The house has been_ completely emptied and
it has been exterminated by Orkin, g~e set up certain objections say-
ing that the order was in error. That they served notice on the
Bank~ who is not the o%a~er of the building~ as we ~ only the
Executors. The law on real estate passes to ~e heirs upon the
-death of ~%e o~em. ~. Robinson is here and. he is one of the heirs
-1-
~nutes
Board of Adjustment [ lee'ting
December 2 ~ IS 68
to the Estate. Before the City c~n com~e~ a building such as this~
I tmderstand the fire district was duanged sSmce This house was b{zi!t:
did they note that ~aere is one frame ho~e ne~.~ door ~d ~ at, ss
tb~a street? ~ue Bui!d~ng Inspector %~p~ly questions or objects
to '~e coDdition ~.at the bt~l~g was rat ~ested. ~e elec~ic~
service 'the~ is not up to p~s~t st~md~ds. 57~is is a ~ ~m ~
2 bath house~ l~$e ~ving ~om~ porch ~%d kitten ~d up ~ti!
~cently~ it has been ~sessed for $8~000.00. It has been that ~
~e past. We had ~n offer to p~d~e t~s p~pe~ ~v I~'~. We~stoek
and he had obt~ned ~o estL~ates~ one f~m W~d $ Cl~k for $987.00
cover~g ~mmov~ cf ~!I t~te d~ged boa~s~ etc. ~d %he o~er one
from .Sd Jur~ of Boston Bead'~ for $925.00. It appe~ ~at ~ey c~
r~buitd or improve ~%is house fcr some~g ~dem $1,000.00. It
wou2d epga~ to us that wh3:~ %.~e ~e having, to do now is am ~on~
~le request by the Ci%-y of Bo~m~t~ Bead~. In spite of ~e B~i~
Inspector's feel~gs~ we feel that these ~te should be entitled to
~ebu~ild ~is house ~d put it ~ p~per shape. ~e B~k has t~en a
reluctent position ~ this matter whe~ we ~e on the one h~nd
say~g ~a3t t~e notice is imp~pem~ but ~e defects ~ the notice ~d
~e value of %he p~per~ is ~ot out of p~ortion or ~%e cost of
repairing is not out of p~po~ion to ~e b'~ld~gs ~ the ~a.
Someone ~m~st d~i~,ate that b~l~ing is ~it for h~m~ ~itation.
Mr. Fu]lem~ or someone~ has dec, ed this to be 50% deteriorated~ I
th~ ths:~ -~e Bo~d sho~d consider ~ese ~,~o estimates of costs of
~r ~ to ~at it would be~
~. Fuller: You say ~at it has to be served on ~ne o%.~mer~ but
according to the Code~ it does not say 'that. He read from the
ern Standard Building Code. %he main issue is whether this building
is 50% physically deteriorated ~ad what we are saying is~ that it is
over 50% deteriorated in value. It is ~V ~mderst~ndLng that
where in ~ne neiDhborhood of $2~500.00 is the price of this proper~y.
~Tne roof has to be completely replaced as there ~re m~ny !e~ks.
%~e wiring in the house will have to be co~pletely redone.
~o Lou Samyn~ member of ~e Building Board of Boynton Beach~ came
fo~ard. He is a Contractor and he ~-~as called in to give a
fessional qo~ion on ~is matter. ~.e cons~ction itself is 2
pl~g on the outside. ~ere ~e holes ri~t ~n~ ~e strue~e on
one side. ~ ~e o~er sides, it may %opes~ to be g~d: but it is
te~te i~sted ~nd with a little prob~g~ ~ m~ny plames~ ~e ~s
~ deteriorated beyond. ~p~z% due to lack of ca~ In ~er wo~S~
lets put it this way~ I wo~'t ~t to sp~d a night ~n a
in ~at ho~e. ~e floor is s~d~iy ~ns~e. ~e ~of ~ ~ in at
le~t 6 or 7 p!aces, ~e~ ~e holes.. The wir~g is j~t stapled
to the wa!!: Ybu wo~d have to go ri~t fr~. the bottom up~ to
b~l.d it.
M33, Davis: Do you believe -~hese '~,o estimates cout¢, pu~c the building
in proper condition?
k~hnutes
Board of Adjustment Meeting
Decer~el~ 2 ~ 19 ~ 8
Nm. Salem.: No. There are a lot of st~etura! things that have to
be done on this. It is ~ne whole house~ not just a couple of boards.
~m. Hueston'~ If a ee~?..it was given to rebuild ti~,is~ wo~.~d ~e
p~sent elec~iea! emd present pl~m[oLng be allowed?
F~. Fuller: Not ~e ele~ic, ~e pl~bLng may be p~tly ~'~ fair
condition~ i don't ]mow.
Nr. Allen: In read~g this petition~ you have out!~ed~the best I
c~n come up wi~ is ~,at %he B~ or Estate is a~a~ng ~ne w~v
~dnis was i~dies ~nd not qqe ~n~tion of the b~ld~g itself~
~. k~i!li~s~ Ac'tual~y we ~ attacl~ng both. In yot~ C~e~, it
spells out exactly what ~u ~ to do.
~. Allen: YO,~~ oetition is based on the leg~il7 of the Order aud
we ~e not ~e !e~ advise~ as members of fne Bo~d~ to do -~is.
Discussion held.
Mr, Hueston: He read from the Bossed of Adjustments rules the duties
and powers of the Board,
Betty Robinson smd her husband were in the audience and Bet%~ came
for~ardo She stated "i don't know whether I quite understand this
Order on the house or notTM, I don't kn~ whether we are fi~o. ti~ a
house ~,~_th ter~_:ites~ or a frame structure ~nd ~ne wiring code. l,~:~,at
about ~d~e other ~.ree houses in tlne neighborhood, i~e do have ~ mmn
who is willing to buy it ~nd keep it up wi~ the neighborhood~ We
would like to have a ch,%ce to build it up~ but if we don't~ wha~
about the other three houses?
~. Fuller: l~,lnat you are fi~ting is whether it is over 50% de-
teriorated or not. The temmites have gotten J_n it so it is real bad
~OW ·
~s. Selvig: I live ri~t a~ss the s~et. If ~ey condemn this
b~td~g~ will %hey leave-it>~ere ~to rot?
Fuller: No. It will be torn do~n ~nd removed.
Mrs, Selvig: It is not only termited~ but people c~me ~%d took
ssr.~31.es of the wood and took boards off. If it is going te be tef t~
I thi~c it should be fixed up.
.%~. August Adams: I live across +~,.e stz~et from the house. I ~n a
retired carpenter and see no reason why it e~nnot be fixed. 7~e roof
leaks and I can't see why it cain't be repaired° The house next
dooz' was ir. worse shape than that ~nd ~hey fixed it up ~d ot looks
real nice m~. It is a house~ I don't see wh~v it can't be fixed.
-3-
Minutes
Board of Adj~st~m~nt l~eering
Decen~3er 2 ~ ig$8
~. Ridgeway: ![e advised Cae fo!!owJ_ng na~s of people objecting:
~ George Smirk, i39 S ~ W. 11~ Avenue
GerL%~ude V~ngenhassend~ 121 S. W. llth Avenue
Earle R. $ Elsie M Shufelt~ 138 So ~,%~. 10th Avenue
Jose~ A Wi~dner ~ Glen Road~ [~,[est Pak.~ Bead~ property
1~ ~Til!ismm: If this house cmn be repaired~ I thirJi +Shat ~e City
should al!~ tkem to repair it.
ivm0 Hueston: Part of the sills are co~lete!y gone from mnderneath it.
t~. Dax~s: Let us assume this petition is gr~nted~ what assurance
or what promise does -~.e City or these neighbors have that any~:ing
will be done to the b~aiiding at all?
Mr. Williams: We have ~e proposal from ~r. Weinstod< ~nd he would
pure>~ase it at a nom~a! price wi*in the idea of rebuilding, i don~t
know how the City will be sure of h~ dofa~g this, but I ~ speak. Lng for
the B=~ itself only. Regarding the $2,500.00 at the tLTe 'the. pro-
petty was considered~ ~che estate needed cas.,b money ~d it was the wish
of everyone concerned to close it out and pay some of ~ne debts. I
have no way in the world of guar~mteeing this being done~
Davis:
Allen:
pe~it?
If son~ing isn't done~ it could stand ~%ere for 20 yearns.
Are there conditions under which you would issue a buiidJ_ng
~0 Fmller: ~e only way we couid, is to have them go from. scratch and
rebuild completely ~ accor~ng to code, ~nd it ~utd not be a fr~
ho,~e. P~. WeLnsto~ has ~l~ady told ~e he doesn't w~t to go do~m to
the bosom ~d beg~ over~
Mr. Davis: $~00.00 would not come ne~ fi~g this bulldog.
law says that if ~e house w~ ~ere befo~ the law w~ passed~ you
live Ln it ~ long ~ youw~t to, if it be ~~ed. But~ ~e iai?
~so says once it is deteriorated over 50%, it must be tomn do~m~, and
~b~!t. It is not a safe s~t~ smd that is the reason for
Build~g Inspector's de, sion.
P~. Alt~n: We ~e taL~ng ~out 50% of ~,fnat? I don't nave ~yth~g
other ~ea the ~o fibres that were ~ntioned by the a~o~ey for
the B~. ! don't ~o~.~ h~ ranch it ~.~it! c~t to fix ~e ho~e.
~. Davis~ ?loved that the s~plieation be denied. Seconded by
Minutes
Board of Adjus~nt Heeting
Deeen~beP 2~ 1968
I,~. Hueston~ P~. PGlem. abstained. 4 voted J_n favor~ I abstmntion.
Motion. carried ~
Davis moved ~s.t ~]e meeting be adjourned. Seconded by l'k~. Allen.
Unanimously carried. Heeting adje~arned at 6:80 P.M.