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Minutes 01-28-66Minutes of Board of Adjustment Meeting held in City Hall, Boynton Beach~ Florida, January 28, 1966, at 5:00 P.M. PRESENT: George Davis~ Chairman ~ill~ a.m. Yates Jay Sams Dave Swank Albert Wehrell Harold Blanchette, Bldg. Inspector The chairm~n, George Davis, called the me~i. Jh~ to order bt 5:00 P.M. Mr. Sams moved to dispense with the re~dlng of the minutes of the previous n~.~t~g and to accept sam~ as sub~itted.~ Col. '~ehrell seconded ~nd it was ~unan~nously carried. Mr. Davis welcomed Col. Wehrell as a new member of the Board, and stated that the Board would elect officers for the coming year after this regular meeting. PUBLIC HEARING Variance inwidth requirement of W 35' of Lot 5 and E 28' of Lot 6, Block l, Bowers P~rk Subdivision as recorded in Plat Book ll, Page 57, Palm Beach County Records. Address: 224 South East Second Avenue Applicant and Owner: Ed~ard T. Kimn~ch Mr. Davis stated that the above described property is preser~tly zoned R-2 and that the applicant has asked for a variance because duplex properties require 75' frontage. This property is 63' by l25~ and the owner plans to build a duplex on it. Mr. Kimmich spoke in favor of this variance stating that he wanted to satisfy the people living in that locality and had plans for an attractive duplex that would enhance the neighborhood. Mr. Davis asked Mr. Kimmich when he had purchased the property and if he was aware of this problem at the time of ~rchase. Mr. Ximmich stated he had purchased the property about a month ago and was not aware of the 75' requirement, only t~t it was zoned R-2o In answer to questions from the Board, Mr. Kimmich stated that he a builder and had purchased the property with the intent to build duplex on it. Mr. Davis stated that the Board had received a petition signed by 21 names objecting to this request, and also a letter from Mr. Robert Pulver objecting to the request. -1- Board of Adjustment Meeting January 28, 1966 OBJECTORS Mr. John King, 220 S.E. 2nd Ave., came forward and stated that he lives next door to this property and is protesting, not because it is a du- plex, but because the lot is not large enough to build a duplex on. He stated it is a nice neighborhood and v~nts to keep it that way, and that he does not think it would be any help to the neighborhood to build a duplex on this property with only a 63' frontage; that it would crowd the very limits of the loto Mr. Robert Pulver came forward and stated that he felt that M~. Kimmich, being a contractor, must have bought the lot knowing that the require- sent was 75', and that the only reason he wants this variance is to make money on his duolex. He stated that he thought the 75' require- ment should be ~dhe~ed to, and Lu his opinion, Mr. Kimmich had bought the property thinking he would be able to get the variance. Mr. Pulver also stated that he thought a one-family residence should be built on a 63' lot. After soEe further discussion by the Board, Col. k~ehrel! made a motion that the request be rejected for the followiug reasons: l) the code clearly calls for 75'; 2) Mr. Kimmich should have kncwn of the re- quirement since he bought the property recently; 3) a duple~ is not in Character with the rest of the neighborhood. Mr. Davis seconded. The vote was 4 in favor and I abstaining. The request -~s denied. Mr. Davis stated to Mr. Kimmich that the Board can only act in case of severe hardship and this must be proven to the Board. He noted that Mr. Kimmich could build a one-family residence on that lot and it would not be a total loss. Mr. Sarno explained why he abstained. He felt the owner in question had a legitimate hardship in one respect: he probably was abiding by the previous ruling and did not go into the aesthetics of it in the Building Department. He did not feel the blame was completely Mr. Kimmich,$~ ELECTION Q~ ~FFICERS: Mr. Davis stated that he had been chairman for the past three years and respectfully asked that he not be nominated for any office. Mr. William Yates was elected chairman, Mr. Dave Swank, vice chairman, and Col. Wehrell, secretary; all by unanimous v~. Meeting adjourned at 5:30 P.M. ~~ ~~~ Ge6rge Davis / Chairman -2-