Minutes 12-17-09
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MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS
MEETING HELD ON THURSDAY, DECEMBER 17, 2009 AT 6:30 P.M.
BOYNTON BEACH CITY LIBRARY, CONFERENCE ROOM A
PRESENT:
Michael Bessell, Chair
David Buist
Richard Kurtz
Beverly Agee
Tim Rurery
Carl Swierzko, Chief Building Inspector
Jim Cherof, City Attorney
ABSENT:
Richard Darby
A. Call to Order
The meeting was called to order at 6:38 p.m.
B. Acknowledgement of Members and Visitors
The Recording Secretary called the roll. A quorum was present. The applicant, Tony
Gizzi, was recognized.
C. Approval of Agenda & Minutes (Minutes of 5/28/09) Meeting
Motion
Mr. Buist moved to approve the minutes. Mr. Rurey seconded the motion.
There was one correction to the minutes on page 3 as follows: "The Building Board of
Adjustment and Appeals was supposed to hear appeals from contractors that disagreed
with the Building Official, or when the Building Official was no longer empowered to
grant the extension according to the South Florida Building Code."
Roll call was taken. The minutes were unanimously approved as amended.
D. Old Business
None
E.
New Business
Applicant: Tony Gizzi
Reference: The Preserve, Buildings 8 and 10
Explanation: Applicant is appealing Section 105.3.2 (Time
limitation of application) of the City of
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, FL
December 17, 2009
Boynton Beach Administrative
Amendments to the 2007 Florida Building
Code, and is requesting an extension to
permit application numbers 06-2557 and 06-
2558.
Tony Gizzi, applicant for the project explained the reason for the request was the
economy. They preferred to keep the plans active so they would not incur any
additional expenses by being required to construct the buildings under the new Code.
The Building Division supported the applicant's request. Mr. Gizzi requested a one year
extension; however, Florida Statute 360 was implemented which could extend the
request for up to two years. Two building permits were currently paid for. The request
referred to two additional applications that underwent plan review. Economically, if their
marketing strategies were successful, Mr. Gizzi did not anticipate needing more than a
one-year extension, but it was unknown exactly how long he would actually need. Mr.
Gizzi preferred a two-year extension.
Attorney Cherof explained if the statute were applicable, the extension would be
automatic. The Board did not have the authority to make that determination; rather, it
only could determine the length of an appropriate extension under Florida Statute
105.3.2.
Further discussion ensued regarding what would occur if the applicant needed an
additional extension. Attorney Cherof explained the applicant could apply for another
extension.
Motion
Mr. Kurtz moved, based on precedence with similar cases, to grant the request for a
one- year extension. David Buist seconded the motion.
Chair Bessell clarified the stipulation was the applicant would continue to move forward
using the same Building Code, as requested through the Building Department.
Vote
The Recording Secretary called the roll. The motion passed unanimously.
F. ANNOUNCEMENTS
Chair Bessell wished all a Happy Holiday.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, FL
December 17, 2009
ADJOURNMENT
There being no further business to discuss, Ms. Agee moved to adjourn. Mr. Buist
seconded the motion that unanimously passed. The meeting was adjourned at 6:45
p.m.
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Catherine Cherry . ~ - - 0-
Recording Secretary
010610
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