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Minutes 04-19-12 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD ON THURSDAY, APRIL 19, 2012, AT 6:30 P.M. IN THE CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michael Bessell, Chair Andrew Mack, Engineer /Interim Beverly Agee Building Official Timothy Rurey James Cherof, Board Counsel Richard Shores ABSENT: Sanford Guritzky A. Call to Order Chair Bessell called the meeting to order at 6:30 p.m. The Recording Secretary called the roll. A quorum was present. B. Acknowledgement of Members and Visitors There was no action taken on this item. C. Approval of Agenda and Minutes (Minutes of January 19, 2012 meeting) Motion Mr. Shores moved to approve the minutes as written. Mr. Rurey seconded the motion that unanimously passed. D. Old Business None. E. New Business Applicant: David Dennis Reference: 413 East OGean Ave 1314S. Seacrest Boulevard Explanation: Applicant is appealing Section 104.5 and Section 05.4.1.3 (Conditions of the Permit) inclusive, of the City of Boynton Beach Administrative Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida April 19, 2012 Amendments to the 2004 Florida Building Code, which was allowed for his permit #06 -3134, to add doors and windows to a patio, to be voided. He is requesting the permit be reinstated and be allowed to complete the job from the point where he had to stop. He asks that for financial reasons, the original application fees, engineering plans, foundation work, soil treatment, window rough, and concrete and elevation be recognized and used for the reinstated permit, (See application and accompanying documents). While the permit was active, applicant requested and received four permit extensions. Due to inactivity, it later qualified as abandoned and was allowed to expire (see Building Division Exhibit A). Attorney Cherof administered the oath to all those intending to testify. Andrew Mack, Interim Building Official /Engineer, advised this permit had a lot of history. It was a 2006 permit and it had expired in 2011. Due to the limitations of this permit, once it was expired and this old, it would not be renewed. That was a consistent policy in the department. When the applicant requested the permit to be extended, his request was denied and the City gave him due process to appeal the decision in front of the Board. Chair Bessel inquired if the permit could be extended again if the Board voted in favor or if conditions warrant? Mr. Mack replied the permit could be extended under those conditions. Chair Bessel inquired as to what the fee would be and Mr. Mack advised normally the fee would be $100 for the extension. Ms. Agee inquired if there would have to be changes to the plan because of the Code differences between 2006 and the finishing of the project. Mr. Mack advised if it was reinstated, it would be to whatever the Code was when it was originally issued, which would be the 2004 Code. David Dennis, 1314 S. Seacrest Blvd, Boynton Beach thanked the Board for hearing his case. He advised he was requesting the appeal of the decision to not extend the permit. The permit was for windows and doors for his home at 1314 S. Seacrest Blvd. He explained what he had done for repairs and remodels on the home since 1991, both externally and internally. This permit would allow him to increase the square footage of 2 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida April 19, 2012 the home. The hurricane rated doors had been purchased in the hopes that the permit would be reinstated. He reviewed all the costs for the permitting he had paid for the original permit, plus the costs of the repairs he was currently encountering. Due to financial issues in 2010 and 2011, he was unable to purchase the windows needed to move the project forward. His financial situation had changed since then, but not in time to finish the project before the permit was voided. He was requesting the renewal of the permit so he could complete the project. He would be unable to complete it if the process had to start over. He added this improvement would increase the value of his home, as well as other homes in the neighborhood. Ms. Agee inquired the total amount of funds Mr. Dennis expended between 2006 and 2010. Mr. Dennis estimated the amount to be $8,000. Mr. Rurey inquired who the window installer would be and Mr. Dennis advised that Pierce Windows and Doors was the certified contractor performing the installation. Chair Bessell inquired if any required inspections had been done on the property since the permit was issued. Mr. Mack confirmed no inspections were done that approved windows, air conditioning or electric and it would have to be inspected before the permit could be issued, which was standard practice. Attorney Cherof confirmed this could be a condition of approval of the permit but reminded the Board that it was inherent in the approval. The project would not close out unless there was a final inspection on the work that was done from the inception of the original issuance of the permit. Chair Bessell was concerned that the reinstatement fee of $100 was not enough to push Mr. Dennis to completion. Mr. Mack stated that the Building Department was in the process of reviewing their fees and instituting a reinstatement fee in the future, which would go to the City Commission for approval in June. As of now, if the permit was extended and Mr. Dennis called in for an inspection and approval, his permit would be valid for 180 days. As long he shows good faith and gets an approved inspection within 90 days, the permit would be extended. He would not get the permit unless the inspection was approved. Mr. Shores moved to approve the extension based on an approved inspection. If approved, the permit would be valid for 180 days. The motion was seconded by Ms. Agee. The Recording Secretary called the roll. The motion passed unanimously. F. Announcements Mr. Mack updated the Board on 413 E. Ocean Avenue. Mr. Oyer came in and extended his permit. However, there had not been any activity on the project. If nothing occurs within the time frame, he advised he would be asking for a determination and decision from the Board in August for the tabled item, which was the unsafe condition of the structure. 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida April 19, 2012 Motion Mr. Rurey moved to adjourn. Mr. Shores seconded the motion that unanimously passed. The meeting was adjourned at 6:52 p.m. Ellie Caruso Recording Secretary 4 CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL FOR REINSTATEMENT OF PERMIT AND TO CONTINUE WORK FROM PREVIOUS POINT 1314 S. Seacrest Boulevard Applicant: David Dennis ORDER GRANTING APPEAL The Appeal filed by David Dennis, (hereinafter referred to as "Applicant") was submitted to the City's Building Board of Adjustment and Appeals on March 20, 2012. The Applicant was appealing Section 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code which allowed for his permit to add doors and windows to a patio to be voided. The City's Building Board of Adjustment and Appeals (hereinafter referred to as the "Board") reviewed the testimony and evidence provided by the City's Interim Building Official, Andrew P. Mack, P.E., LEED, AP, and the arguments of Applicant, and orders as follows: FINDINGS OF FACT 1. The Board makes the following preliminary findings: The project started in April, 2006. The Applicant applied for a Building permit and a permit was issued (#06-3134) to add doors and windows to a patio. The project commenced and inspections were ongoing. A total of four (4) permit extensions were granted and on December 6, 2011 the Applicant was given until December 22, 2011 to receive all final inspections or the permit would be voided. The Applicant is appealing Sections 105.4 and 105.4.1.3 (conditions of the Permit), inclusive, of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code and is requesting permit #06-3134 be reinstated and he be allowed to complete the job from the point where he had to stop and that the original application fees, engineering plans, foundation work, soil treatment, window rough, concrete and elevation certificate be recognized and used for the reinstated permit, CONCLUSION AND ORDER I After review of the record before the City's Interim Chief Building Official, the recommendations and comments of the City's Interim Chief Building Official, the Applicant's testimony and evidence, the Board hereby determines that the City correctly applied the applicable Code sections. 2. Pursuant to the authority of the Boynton Beach Amendments to the 2004 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby GRANTS the Applicant's request for reinstatement of the building permit 06-3134 (based on an approved inspection) for 180 days. 3. The public record, including, but not limited to, the Interim Chief Building Official's reports, memoranda, comments, and recommendations on the appeal, agenda back-up before the Building Board of Adjustment and Appeals, along with the record established before the Building Board of Adjustment and Appeals on April 19, 2012, are hereby incorporated by reference. DONE AND ORDERED this Iq day ofa4&�,, , 2012 in the City of Boynton Beach, Florida, 5 5-17 MrC EL BESSELL, CHAIRMAN CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS ATTEST: % JA ET M. PRAINITO, MMC TY CL �� Y CLERK CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL OF UNSAFE BUILDING OR SYSTEM AND APPEAL OF TIME LIMITATION OF APPLICATION 413 East Ocean Avenue Applicant: Harvey E. Oyer, III, Managing Member 417 East Ocean Avenue, LLC ORDER GRANTING APPEAL The Appeal filed by Harvey E. Oyer, III, (hereinafter referred to as "Applicant ") was submitted to the City's Building Board of Adjustment and Appeals on December 7, 2011. The Applicant was appealing the Interim Building Official's Notice of Unsafe Building or Structure (Section 104.5) and notice of invalid permit due to lack of activity (Section 105.4. 1) dated November 15, 2011 as contained in the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code. The City's Building Board of Adjustment and Appeals (hereinafter referred to as the "Board ") reviewed the testimony and evidence provided by the City's Interim Building Official, Andrew P. Mack, P.E., LEED, AP, and the arguments of Applicant, and orders as follows: FINDINGS OF FACT 1. The Board makes the following preliminary findings: The project started in November, 2009. The Applicant applied for a Building permit and a permit was issued February, 2010. The project commenced and inspections were ongoing. In November, 2010, the project came to a stop. The building permits had almost expired again. An interior inspection for framing or bracing was approved with exception, which extended the permit another six months. Since the last inspection on April 26, 2011, there has been no activity at the site. The Applicant is appealing Section 105.4.1 of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code and is requesting an extension to permit 09 -3183 with all of the same preservations previously granted and approved until August 1, 2012, along with reversing the decision deeming the building and /or system as unsafe, a fire hazard, dangerous to human life and in relation to existing use, constitutes a hazard to safety or health pursuant to Section 104.5 of the Boynton Beach Administrative Amendments to the 2007 Florida Building Code. CONCLUSION AND ORDER 1. After review of the record before the City's Interim Chief Building Official, the recommendations and comments of the City's Interim Chief Building Official, the Applicant's testimony and evidence, the Board hereby determines that the City correctly applied the applicable Code sections. 2. Pursuant to the authority of the Boynton Beach Amendments to the 2007 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby GRANTS the Applicant's request for an extension of the building permit 09 -3183 to August 1, 2012. 3. Pursuant to the authority of the Boynton Beach Amendments to the 2007 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby GRANTS the extension of the finding of unsafe conditions to August 1, 2012. 4. The public record, including, but not limited to, the Interim Chief Building Official's reports, memoranda, comments, and recommendations on the appeal, agenda back -up before the Building Board of Adjustment and Appeals, along with the record established before the Building Board of Adjustment and Appeals on January 19, 2012, are hereby incorporated by reference. DONE AND ORDERED this A day of 2012 in the City of Boynton Beach, Florida. HAEL BESSELL, CHAIRMAN CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS ATTEST: JA ET M. PRAINITO, MMC Y CLERK