Loading...
Minutes 05-01-64Xinutes of ~eetir~g of Board of Adjustment, held in City Hall, Boymtom Beach, Florida, ~ay !, i9S~, at 8:00 George Davis, Chairman William Yates, Vice Chairman Jay Sarno David Swank ~o L. Doughty Jol~ Thomas, Alternate Col. Wehrell, &lternate The Chairman called=~,~e meeting to order with approximately twelve persons present in the audience. The Chairm~u asked that the secretary note that all five regui~r members were present and that the two alternate members were aisc' present. The Chairman further stated that he had been instructed by the City Attorney that he could conduct tlne meeting but that he would not have a vote since he had done work f~or the applicant, subsequent to the work in question. ~. Swmak asked ~r. Davis if he would prefer that the Vice Chairmen conduct the meeting, i~ir. Davis declined s_nd stated that Col. Wehrell would sit in his place for the voting. ~,Lr. Thomas attended as an a!te~nate. Mr. Davis said that it was customary with the Board to hear from the applicant first. D~. ~ood, representing the owners and applicant, came up and asked if there were any questions that he could answer on the matter° ~r. Wood was identified as the con'tractor-who built the buildings. i~Lv. Sarno said that he would like to see the plans, that he wanted to check a tec~Ical point° ~r. Sw~_uk said that in a~u application to the Board that he thought the plans should be ~ppended. ~ Bianchette produced the picas. ~ro Bl~uchette was asked Who writes out the applications for permits in the Building Department° He answered that the secretary writes them out. I~ro Wehrell asked who made the applicatiO~o ~r. Bi~chette said iYLr, Wood. i~ro Doughty asked if I~r. ~oods signed the application° It was then noted that the application on I~[ovember 1st was signed by ~r. ~bod, but the application on February 20th was not. !I/ir. Doughty asked ~r. ~%~oods if he was applying for five buildings. He said yes. ~r. Yates asked him if he wanted five apartments in each of the buildings, stating that ~r. ~foods had asked for three and had he changed his mind~ ~ro l~Yoods stated that he had asked for three--E B-bedroom apartments and one 1-bedroom apartment which will be a studio apartment. ~r. ?~ood said that if they were gr~mted a permit for only three, however, it would leave them with two kitchens and two living rooms that he didn't know what they would do with and that was their hardship. ~Ir. Swank asked that the permit be clarified for him; why on one permit, which was e~_hibited to the Board, was there a five then a line drawn through it ~ud a three placed before it. it was decided that ~ir. Blauchette would have to answer that. i~ir. Sarno asked Ifir. WOods if Mr. Blanchette had ever asked him about eliminating those extra two kitchens. ~. Sarno asked I~r. ~'Oods what he said to I~ir. Blanchette when he mentioned that tl~ere would be no need for those other two kitchens. ~r. Woods said that he didn't think he made an answer to him. Co!. Wehrell asked Mr. Wood if the origina-! intent was for five apartments. Was-he aware that each apartment ~nould be 500 square feet~ i~. ~oods answered that with the three apartments that would give a 500 square foot and a studio apartment which wo~ld be a little below the minumum. ~r. B!anchette stated that i.~r. 'Wood was rather confused. i~r. Bianchette said that co~oerning the application that ~ro Wood had a yellow copy that he could verify it~th. I~r. ~¥ood s~ d that the yellow copy was turned into the comp any. !~r~ Doughty stated that on November l~th au application was made with l~r. ~oods~ na~me on the application, as the agent for the owner. On the February Srd applications his slg~ature was not on the permits. He asked I~Ero Woods if a paper that he eX~hibited was a copy of the original? He also asked ~r. Woods why he dldu ' t sign them. ~ro ~oods answered that he did not know. t~r. Blanchette said that I~ro ~ood had come in to apply for a permit about two minutes of five and it was during the time that i'~ary Scheft was away a~d he took his money which was cash; that he si~ed one of the top ones and that he guessed he missed some of them~ l¥1r..~ Wood said that he couldn't answer why all copies were not signed. He said that he didm~t examine them like a legal form. He thought that they were the true copies of the applications. He was satisfied that they were copies of the applications. ~r. l~oods further stated that they had two definite units on their building permit. He thought that a mistake had been made on th~ apartment and that this was the hardship that they were pleading now. He further stated that they had five electrical meters~ that the bui!dir~gs ~ere existing$ that they now had new plans designed for other apartments which were according to the zoning and building code. ~r. Doughty asked Er. Woods the following question, ~e have, dated November l~th, a permit for a five unit aoartment. .~at was built~~ ~[r. ?~oods answered, ~Five mmits. It was zm~mms~ea and occupied by z_ve tenants before this was _znzsheo_. ~ir. ~Voods told I~ir. Doughty that the first apartments were co~pleted approximately ~he first of the year. I~iro Doughty then asked~{ro ~Oods to verify if he did not go in and get permits for two more units after this one on N.~.~ llth Avenue was completed ~id people were living in it. ~.~ro .~[!~oods said that he did. ~r. Blanchette stated that no Certificates of Occupancy had been issued on any of the buildings. ~r. Leon Gradsky, from the audience, said that he knew that his sister, i~s. Ablon, had sent in all the things that she had to have. She sent the City a check for sla occupational license, and that everything was signed on these h~ildings. Mr. Bianchette said that he didn't remember signing on the N. Eo llth building. ~ir. Doughty stated that he ~zd not understand how the building on N. ~¥. 10th Avenue could be built here in the City. ~'~Z~y the City would even tax~ a chance on issuing a permit on a plan that -3- was so controversial$ particularly in view of the lapse of time from November leo63 to February 1964. You would think you wouii encounter some difficulty obtaining the new permits. ~. Wood stated that they had had no trouble ~ th the building on ~]'. E. lith Avenue. The Oha~rman stated that the Board recognized that there were some objectors presenz, but.that it was u~mstomary to hear from the applicant first, au called ~dr. Bi~uchette up. - - ~ tart from the os~znn~no, }~r~ Sarno asked ~;r~ Bl~achetoe to s how it originated, what the gist of the conversation was~ ~r. Blanchette said ~nat when they (the applicant) first came in ~ztn the plans there were nine units s~d then they came back with five units. That whe~ they c~e up ~ th the decision a~, to cut a door thru ~ out of two units you make one, h~ asked ~ the time, and they said, "So what them about the extra kitchens ~' if we w~t to have two kitchens in one unit.~ ~r. Blanchett~ s~d - ~ uothlng in the code that says ~you can't have two that tne_~ was kitchens in one unit~ '~,Ir. Doughty stated that he did not see how that on November lath they could get a permit and 'build a building like they did that was in violation of the code, and occupy it and still come down on !~. E. llth Avenue and get another permit. ],~r~ ~_~acnette said that they were told that three ~its was all they were going to have, but that the owners thought m~ffer~nt~, but when they came into C~ty Hall they, ~ot the shock. ~r. Doughty asked ~r~ Blauchette why when he became aware of th~ violation in the first building, the building wasn't closed ~h~ee apartments per up and why they w~ren~t made to comply with ~ ~ unz~ If ~ -~as a violation why wasn't ~t stooped? lvIr. Bl~chette said that he di~t. ~uow. Tb~t it shoUld have been stopped~ That th~ ~u~ldm~_~ Department is smpoosed to be coo~d~aue~ ' ~ d by a Director of P!m%ning knd inso~ct~ons._ ~. Sarno asked why the Director of Planni;~ and inspections wash~ t here tonight. · ~ ~ - ~ ~ - - d Director ~r. Bianchette said tma~ this ;ma. ppene, when the was in the nosp~ta , but that the Director was the department head. ~v Groote~ooer, the That in all problems having to do with zoning, ~_. Director, usually handles that end of ft. asmeo, l~{r. Bzanche'~ e that since _~ve meter ~ir. Doughty ~ ~" ~ 't ~' installations were on his pls~m~s and five meters were installed and okayed, woul~~t that be allowing a person to do what had b e en done ? Mr. Bianchette said that he would assume that it would. That the applicants intended to have five no matter what happened. ]~r.. Doug2~ty wanted to km. ow what the City status was concerning the first unit° ~ir. Btanchette said that it had been signed by all three inspectors, but that }~ir. i~oore the City Atto~ey had advised the Building Department that final inspections in no way constitutes a building ready for occupao~cy. ~hen asked why ~ had been crossed out ~ud U put on the Buiidin~ Permit, ~r. ~l~e~e said that when the apolicatlon is mad~ that ]~Iary Schorr usually makes the cards up and files them rig~_t under the register to save time~ DIr. Doughty said that he contra not see how t~ey could have allowed this thing to exist, ~hy there was not some way to en- force the building code whe~ it was found out that five families were liv~g in the first u~_it. iv~r. Blanchette was asked when he bec~ne s~vare tlmat there were five f~ilies living in the first unit. i~r. Blanchette said that someorze had told him and that it was sometime after the secoud application~ ~i~r. Dou~.ty said that he understood that the Certificate cf Occupancy could remain unsigned. ~Zr. Bl~-~chette said that that was true, but that they usually didn't have this troubles that the C.O. usually was sent out following final inspection by all three ius~ectors. He was asked if that was returned by to City Hall. He was asked if ~u owuaer would assume that he couldst rent if he did not ~ g~ the Certificate of Occup~c~. i~r. Bl~chette sa~d that the o~,~-er woul~~t assu~ esaything. I~r Sw~uk asked if a ue_ ~m_Icate of 0ccUp~Ucy had been issued on the first building. ~r. Blanchette said that It hadn't been issued. ~ary Schorr, from the audience, said that the ou~lmzno Dept. keeps a record when a C 0. is issued and that they had no record of a certificate being issued on any of the three oumldmn~s~ ~en asked if there was a~ything else, D~. Blanchette said that he thought it had all been covered in the Council ~eeting and at the previous meeting with ti~e Board. The Chairman asked for objectors to come forward. Herman Thoele, 908 ~'. V~'. tst St., said that he felt that this was an auful late date to file for a variance in a building that is already occupied° Th. at the permit was taken out for three apar.tmgnts and now it has developed into five. He asked what was happening here, if they couldn't depend on the Building Inspectors° He said tb~t he o~_ed property close to the building and he couldn't underst~aud how this had gone so far. These things should have been taken care of before. He said that the City had a Building Code and that he felt that i'~ should be lived up to. Ben Cain, 11!0 >i. ~J~. !st St., stated that he objected because he felt that the apartments were too small. He di~aaIt think that the Building Code should be waived. His group felt that there was enough congestion there already. That they were aware that the five meters were put in end knew what was intended. He said that they felt that if the ~ty was going to waive the Code for these buildings that it whould be done for everyone who wants to build. i~ro Cain was asked who he had brought it up to with the City. Cain said at a meeting of the inter-racial Committee~ it was brought up. The meeting took pis ce on ~iarch B~th. -~'~ ~ ~y had Ezetle ~ester, 1106 No ~J~ !~t St., said that the ~°+ spent quite a bit of money on a ~iaster ~lan and now someone wants a variance, it seems as if they get a variance. He felt that it should be lived up to° He lived right across from the buildings~ s~ad would hate to see migrant workers live there. Lottie Pierce, 137 ~o E. llth Ave., said that they imad dis- cussed this at a meeting with ~ir. ~lahoney. The meeting was an inter-racial meeting which was attended by ~r. ~ahoney in the sfosence of ~ir. BaLaks who, as i~iayor, is a member of the Committee° We are goi~ng to try to ir~prove Boom. ton. She builds a nice house --the inspectors see to it that abe builds a house acco~rding to the codes that it should apply ~o everyone. They understood that i~r. ~iahoney was going to take the issue up with the Council. There were no more objections voiced. i~ir. £arno asked if the sewers were working in that area for these apartments. l~{r. Bl~uchette said that he did not think so. It was pointed out that on the plans the Health Department had noted that the apartments were not to be occupied until sewers were avail~Oleo This was noted on the Plans dated ~?ovember 15, 1963, sig~ed b~ I~iro Rhodes of the Health Department on the 18th of [~ o vembe r. Woods said that there were septic tanks there now. It was pointed out that the Health Department had the last word on that and they had since oh~ged this requirement. ~t~. Gradsky said t~hat the buildings had been inspected by all the departments, that they were up. Whether they were right~, or wrong the buildings were up. If there was a mistake, he m~.dn~t lmaow how to do anything ~Tth these buildings. ~fir. Sws_uk asked ~ir. Gradsky who advised him to let these buildings be occupied. ivLr. ~r~dsk~ said that he was not blaming mayoneo zfz~_. ?~oods s~ d that he had been a builder all his !i~e~ that part of the responsibility was his. Yfhen you went to the e~pense of three sets of plans you start trying to alter. There is nothing actually built. ~izen the suggestion of doors c~me up~ got to th~nking, zz they allow to ~uzim a building with five meters and there Is a possibility that you can rent one of these with 800 squ~re feet in them .... i didn't elaborate on this to ~rs. AblOn. I w~t~.O, to build the apartments. The pl~s were submitted. The meters weren't taken out. The w~~ that I looked at it. So I d~dn~t b~-~o~ ~t up to worry ~rs Ablon. ., could have had every h apartments rented sometime ago if we had rented to one of migrant workers. ~r. Sarno asked ?~r. ~oo~if he thought tl%is was fair to iv~r. ~!anc_e TM ~ ~te, who was being Orougi~t up on the caroet._ ~,~r. ~'oods said that i~e didn't make the decision Bu~lo. zng ~z.spector There was ~ application ~de for this per- mit and then we are called and. ~_~"~. Dou~hty.~. ss~ d vhao this had been turned over to the Board of D~djustment by the Council and. ~hat the Council stated at that time that ~h~s~ was too hard a thing zor~ them to handle, i~?e try to give the judgement and the wisdom that is needed to solve this case. There had to be extreme ~ax~t~y on the part of the Building Department. it would appear that these p~rmits were confusing. It still seems like it was a confusing thing. ?ne way it is the opportunity was !e_ ~ for posszb~e futur~ violatio~ i~ the ooou- p~ucy~ i feel that this is where the cr~ of the whole question comes up. i resent a case like this being turned over to this Board~ IV~_. Doughty asked ~r. Woods if he was at any time given any idea, any impression, that he would get this permit okay, that there would be no problem. '~ ~ ~ tn~ ~ he thought there would ~,~r~ Woods said ~_a~ ne would say be no trouble. -7- ~..zaves stated ~na~ zhis request today is for 389 square feet per unit. He asked ?'~'~r. Woods how far back h.e had k~own tkat he ::ueeded 500 feet per unit, mr, Woods stated that the first copy of the Zoning Ordinance that he got was an outdated copy. i~r. ~lancnet~e said that he dldn~t get it from him. }~r~ Woods said that he got it f'~on~ ~:~r. Sun, ers. Cci. Vfehretl told 2¢:r, Woods t~at he might not have been aware of the required ~uo~mt of footage zor each apartment, but the building department was evidently aware of It, otherwise how would you account for the 3 on the Building ~'~ ~v[r. ;Yates asked ~ir. Woods if he felt this variance was granted today~ tile Board woul~a~t be getting ~- ~ ~ ~.~o ~h_s spot from his con- tra, ct_~,g again. ~r, ~oods ~aswered in the negative. l~tr. Gradsky said t~a~ their op~nzo~ the apamtments were ~ong tm~ nicest shits in the neighborhood and asked the objectors their opinion on this. some of- the objectors disagreed with ~. Gradsky~ s opinion. ~ ~ir. Thomas. s~d that he ~ef It that from now on when an~ ~ ch~_ges wer~ made they should be initialed when the figures were put there. l'fr. Davis stated that he thought the Board had received all pertinent facts on the application and asked the membems if they would like a private ballot. The Board left the room for a period of approximately I0 minutes. \~laen they returned, ivlr. Davis munounced that by a three against and two in favor vote the application had been e~enze~$ that the rules of the Adjustment Board s2y it takes a four out of five vote to grant a variam~ce. He advised the appiicsauts that, if they de- sired, they could appeal the decision with the Circuit Court. ~ir, Gradsky asked what they were to do with the buildings now. M~o Davis said that the application had ~ ~ ~-~ oee~ denied ~d the ~a ~uStment Board co~ld not advise him on that question. ~.~. Dou~ty moved the meeting be adjourned. ~otioncarried un~_imously. eetzn~ adjourned at 6:30 P ~. aajour.ument, the Chairman informed the recording secretary -8- the minutes reflect the zollow_ng vote, ~,'~r. Swank moved that the request for variance by ;~,~s. f¥olon ~- -* . A'v'P~S ~'ir. Swank, Co_, Wehrell be den~em. Col, Wehreli seconded : ' ~ ~' '~?~ ~r. Douwn~y and ~r. %ates$ ~STA~ING~ ~d ~,~!r. Sarno; NAEEo. ~r. Davis. -9-- would, therefore, vote lu his place, Village ~, ~, lOt~ Ave,