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Minutes 03-10-05 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 10, 2005 AT 6:30 P.M. Present Michael Bessell, Chair Agnes S. Hollingshead Richard Kurtz Robert Mulroy Brita Peterson Milton Russell Don Johnson, Building Official Jim Cherof, City Attorney Absent Melvyn Sternbach Robert Zimmerman A. Call to Order - Michael Bessell, Chairman Chairman Bessell called the meeting to order at 6:29 p.m. The Recording Secretary called the roll and declared a quorum present. B. Acknowledgement of Members and Visitors Chairman Bessell thanked the Board for their attendance and noted they have not met for some time. C. Approval of Agenda & Meeting Minutes of February 12, 2003* Meeting Motion Mr. Kurtz moved to accept the minutes of February 12, 2003'. Motion seconded by Ms. Peterson. The Recording Secretary called the roll and the minutes were unanimously approved. *Actual meeting date was February 12, 2004. D. Old Business None E. New Business Meeting Minutes Building Board of Adjustment and Appeals Boynton Beach, Florida March 10, 2005 Applicant: Reference: Explanation: Shadd Vickery, Property Owner 660 Las Palmas Parkway Applicant is requesting a fourth extension of his permit application (#03-4109) pursuant to Section 104.1.6 ("Time Limitations") of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code. Applicant's permit application is pending approval from the Army Corps of Engineers as required by the City. Attorney Cherof administered the oath to all persons who would be testifying. Don Johnson, Building Official, presented the item on behalf of the City. Members have been provided with the applicable Code section that allows the Building Official to offer an applicant three extensions on their permit application. Mr. Vickery applied for his dock permit, after the fact, which afforded him 180 days to build the dock. The waterway in question is under the control of the Army Corps of Engineers and the Department of Environmental Protection (DEP) and is not a City waterway. The DEP waived the permit requirement because they considered the dock marginal since it was under their square footage requirement. The Army Corps of Engineers is in the process of reviewing the dock and the applicant will provide the Board with the status of that permit. Mr. Vickery applied for and did receive three (3) extensions. He is now requesting a fourth extension. In accordance with the Code, Mr. Johnson denied the fourth request and advised the applicant that he could appeal this decision. If the Board does not allow a fourth extension, the permit would be voided. Mr. Kurtz inquired if it was the City's position that it could not grant a fourth time extension in accordance with the City Codes. Mr. Johnson responded that the ordinance does not allow him to grant a fourth extension and if the applicant desired a fourth extension, he could appeal to this Board for that purpose. Mr. Kurtz also inquired if Mr. Johnson was of the opinion that the applicant acted in good faith and Mr. Johnson responded that the applicant did act in good faith. When Mr. Vickery was cited, he contracted an engineer to rectify the situation and submitted the appropriate applications to DEP and the Army Corps of Engineers. Mr. Johnson equated the delay to the backlog at Army Corps of Engineers. Mr. Russell inquired if the Board granted the applicant a fourth extension was there a time limit. Mr. Johnson stated that the Code does not set the amount of time for the extension and this would be a decision of the Board. If the Board does grant the applicant a time extension and he has still not received his permit, he could come back and request another extension. Meeting Minutes Building Board of Adjustment and Appeals Boynton Beach, Florida March 10, 2005 Chairman Bessell noted that the permit has a 2003 number and when the permit is eventually issued, it would be several years old. He inquired why the 2003 permit could not be voided and the applicant could begin the process all over again. Mr. Johnson stated this was possible and the Board could make this determination. Mr. Johnson was not sure how voiding the 2003 application would affect the Army Corps of Engineers application. Mr. Kurtz pointed out that if the 2003 permit was cancelled, the applicant could file for a new permit and could receive three extensions through the City. Chairman Bessell confirmed that this was his thinking. Ms. Hollingshead felt if they proceeded along these lines, this could set the applicant back to "square one." Attorney Cherof did not think this was the correct way to proceed because, in effect, this would circumvent the time limitation provision of the Code. He pointed out under the Code, this Board had the authority and jurisdiction to grant extensions. Shadd Vickery, 660 Las Palmas Parkway, testified that he filed an application for an after-the-fact permit for his dock in 2003. He filed the necessary paperwork with the Planning and Zoning and Building Divisions and applied for approval on August 19, 2003 with the Army Corps of Engineers. He provided that agency with all the requested information and they determined that the project might affect Manatees and he needed their approval for his boat dock. From what he has been told, the Army Corps of Engineers is holding back on after-the-fact permit requests and is not sure how to address them. He has retained the services of a law firm to help him. They have spoken with a representative of the Army Corps of Engineers that informed them they would be addressing those permits in 60 to 90 days. Mr. Mulroy inquired if 180 days would be sufficient and Mr. Vickery thought that it would. Ms. Hollingshead asked Mr. Vickery if he would provide the Board with his progress if he were granted the 180 days. Mr. Vickery stated he would be glad to comply with this request. Mr. Vickery was asked if he built the dock himself, and he stated that he hired a builder, but he did not recall the name. Chairman Bessell noted that the dock had been built without a permit and is considered an illegal structure. Mr. Vickery confirmed this was correct. At the time the dock was built, he was not aware that he needed a permit because it was a private canal and the wetlands under the dock were owned by his neighbor. Chairman Bessell noted there was an easement agreement with the applicant's neighbor and inquired what would happen to the easement if the neighbor sold their property. Attorney Cherof explained that the easement is without limitation and was recorded. Therefore, it would travel with the property whenever the property was sold. Chairman Bessell noted that if the property were sold, this would have to be divulged to Meeting Minutes Building Board of Adjustment and Appeals Boynton Beach, Florida March 10, 2005 the buyer of the property. Attorney Cherof confirmed that this would be revealed whenever a title search of the property is done. Motion Mr. Mulroy moved to grant Shadd Vickery a 180 day extension for his permit application. Motion seconded by Mr. Kurtz. The Recording Secretary called the roll and the motion carried 5-1 (Chairman Bessell dissenting). Organizational Meeting - Election of New Officers Motion Mr. Kurtz nominated Robert Mulroy as Chairman of the Building Board of Adjustment and Appeals. Motion seconded by Mr. Russell. There being no further nominations, the nominations were closed. The Recording Secretary called the roll and the motion carried 6-0. Motion Mr. Kurtz nominated Milton Russell as Vice Chairman of the Building Board of Adjustment and Appeals. Motion seconded by Mr. Mulroy. There being no further nominations, the nominations were closed. The Recording Secretary called the roll and the motion carried 6-0. F. Announcements Mr. Johnson announced that the Annual Board Dinner will take place on Monday, April 11th and invitations have gone out. G. Adjournment There being no further business, the meeting properly adjourned at 6:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 11,2005)