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Minutes 03-27-97 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT & APPEALS MEETING HELD IN CONFERENCE ROOM "A", CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 27, 1997, AT 6:30 P.M. PRESENT Barry Goldman, Vice Chairman Don Johnson, Bldg. Comp. Admin. Richard Kurtz Mike Pawelczyk, Asst. City Attorney Milton Russell Oris Walker Robert Zimmerman Michael Bessell, Alternate ABSENT A. Malek Abdallah, Chairman Melvin Sternbach Robert Mulroy, Alternate A. CALL TO ORDER In the absence of the Chairman, Vice Chairman Goldman called the meeting to order at 6:31 p.m. B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS None C. APPROVAL OF AGENDA & MINUTES (Minutes of 10/24/96 Meeting) Mr. Walker moved to approve the agenda, and the minutes of the October 24, 1996 meeting. Mr. Kurtz seconded the motion. Mr. Kurtz questioned why the members do not receive their minutes in a reasonable amount of time. He pointed out that it has been five months since the last meeting and it is difficult to recall what occurred at that meeting. Mr. Johnson said he will request that the City Clerk's Office distribute the minutes as soon as they are ready. (On March 28, City Clerk Sue Kruse confirmed for the Building Department that the minutes of the October 24, 1996 meeting were distributed on October 29, 1996.) The motion carried unanimously. D. OLD BUSINESS: None E. NEW BUSINESS: Hummert Homes Applicant: Reference: 3350 E. Atlantic Drive Explanation: Relief from Sec. 1203.2.1 Standard Building Code, 1994 Edition, which requires ceilings in habitable areas to be 7'6". (Plan will be brought to meeting.) Mr. Walker referred to Mr. Newbold's letter dated March 20, 1997, wherein he supports the applicant's request if the ceiling height will be 7'3" as stated. 1 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT & APPEALS BOYNTON BEACH, FLORIDA MARCH 27, 1997 Mr. Bessell questioned why this building cannot have a clear CO without this board's intervention. Mr. Johnson explained that he was the inspector of record on this project. He visited the building on March 5, 1997, for a roof sheeting inspection. When he entered the building through the side door, it appeared that the ceiling was too low. The room had been a carport previously, and there was no Code requirement for the minimum ceiling height. The owner was cited under Section 2001.2.1 of the Standard Building Code, 1991 Edition. The permit was issued on September 9, 1996. We are presently under the 1994 Code, but Mr. Newbold was unaware that this permit was issued under the old Code. However, both Codes read the same. Mr. Johnson read the Code section to the members, and explained that Mr. Newbold supports the request; however, the Building Department has an obligation to enforce the Code. Therefore, the applicant has an option to seek relief from this board. Mr. Zimmerman feels that in view of the fact that the City wants to improve this area of the City, it would be appropriate to extend an approval to the applicant. The applicant is doing the City a favor by improving the property. He supports granting relief. Motion Mr. Zimmerman moved to grant relief from Sec. 1203.2.1, Standard Building Code, 1994 Edition, which requires ceilings in habitable areas to be 7'6". Mr. Kurtz seconded the motion. Mr. Bessell supports the motion, but requested further clarification regarding why the Building Department brought this application before this board. He referred to a section of the Code which states firred ceilings can be 7' in height. If this applicant is at 7'3", he will be above that 7' requirement. Vice Chairman Goldman said he is not in favor of approving this request. However, if there is a Code requirement that allows habitable space to be less than 7'6", he cannot deny the request. "...if any room has a firred ceiling, Mr. Johnson read another section from the Code which explained that the prescribed ceiling height is required in one-third of the area thereof, but in no case shall the height of the firred ceiling be less than 7'." Therefore, at least one-third of the ceiling would have to be 7'6", and none of it is at that height. In Vice Chairman Goldman's opinion, this house is listed on the Property Appraiser's rolls as a two- bedroom house with a carport. It is listed the same in Boynton Beach. If it was turned into a three- bedroom house, it was done illegally. Therefore, the fact that it is now a three-bedroom house has no relevance to the board. This house can be improved and sold as a two-bedroom house. This board is responsible for enforcing Codes and making adjustments if there are reasons for those adjustments. He does not know of a reason to make an adjustment in this case. He cannot understand why this house cannot be renovated as a two-bedroom house and sold as a two-bedroom house as listed on all records in the County and the City. There is no gray area in this case. The Code requires 7'6". Mr. Kurtz explained that the purpose of this board is to grant appeals from rules and decisions that have been made. Although Vice Chairman Goldman is correct about the changes that have been made to the house, the responsibility of this board is to hear the applicant's appeal for relief. The Building Department investigated this situation and feels this building can be safe and habitable with a ceiling height of 7'3". Therefore, he does not have a problem supporting this request. 2 MEETING MINUTES BUILDING BOARD OF ADJUSTMENT & APPEALS BOYNTON BEACH, FLORIDA MARCH 27, 1997 Vice Chairman Goldman said that unless there is a reason to accept the appeal, he cannot see why this house cannot be rehabilitated and sold as a two-bedroom house. He feels this board is being asked to grant a variance because someone wants a three-bedroom house. Messrs. Zimmerman and Bessell feel it will be a hardship for the applicant to raise the ceiling to 7'6". The applicant received a permit to rehabilitate the building to sell it as a three-bedroom, two-bath house. Mr. Kurtz pointed out that if everything was in conformance with the Code, there would be no need for this board. Mr. Russell added that this board's purpose is to grant relief from the Code for something that is a hardship. Mr. Johnson read the Code section dealing with the board's responsibilities with regard to variances. Vice Chairman Goldman believes that granting this relief will be conferring a special privilege. He does not feel a hardship exists, and there would not be a Code violation if this house was a two-bedroom house. He feels this is a case of profit. A roll call vote was polled. The vote was 5-1. (Vice Chairman Goldman dissented.) Attorney Pawelczyk recommended to the board members that in the future, they allow all parties to have an opportunity to speak prior to making a motion. Once the motion is made and seconded, board discussion ensues, and a vote is taken after that discussion. F. ANNOUNCEMENTS: None G. ADJOURNMENT There being no further business to come before the board, Mr. Kurtz moved to adjourn the meeting. Mr. Russell seconded the motion. The meeting properly adjourned at 6:50 p.m. Janet M. Prainito Recording Secretary (One Tapes) 3