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Minutes 08-02-12 MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING HELD ON THURSDAY, AUGUST 2, 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 Sanford Guritzky James Cherof, Board Counsel Timothy Rurey ABSENT: Richard Shores A. Call to Order Chair Bessell called the meeting to order at 6:33 p.m. B. Acknowledgement of Members and Visitors Chair Bessell acknowledged two applicants were present, as was the Board members, Building Official and City Attorney as noted above. C. Approval of Agenda and Minutes (Minutes of April 19, 2012, meeting) Motion Mr. Guritzky moved to approve the minutes. Chair Bessell noted the address listed for the applicant, David Dennis, was incorrect and the minutes would be corrected to reflect this. Ms. Agee seconded the motion that unanimously passed. D. Appeals Attorney Cherof administered an oath to all those intending to testify. Chair Bessell explained there were only four members present and the vote had to be unanimous for the action to be valid. When the applicant was asked whether he wanted to proceed or come back at a later time, Mr. Feliciano opted to proceed. 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL August 2, 2012 D.1. Applicant: Robert Feliciano Reference: 1311 SW 27th Avenue Explanation: Applicant is appealing Section 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code to allow an additional extension. Five extensions were previously granted. He is requesting that his permit applicant number 07 -2853 be extended for a period of nine (9) months. He is currently settling an issue with his mortgage lender which could take approximately 3 -4 months to finalize and should then allow him to proceed with the permitted work. (See application and accompanying documents.) Robert Feliciano, 1311 SW 27th Avenue, thanked the Board, staff, and the City for its consideration and efforts in working with him and his wife on the matter. He contacted the lender and was given a verbal they will do a loan modification or settle on the property soon and either of those actions may be very close. He acknowledged the matter was lengthy and time consuming. In the interim, he has kept his property clean and clear of safety violations. His neighbors have been understanding and supportive. He had significant money invested in the home and wanted to remain and retire in Boynton Beach. Mr. Feliciano explained it was his understanding he needed to have an inspection or pay for an extension. He believed as long as he paid for an extension, that he could continue the process, so he did all he could. He used the wrong contractor who took advantage of him and he was misinformed. He had the best intentions to move as quickly as possible as soon as he received approval from the lender. Originally, he was doing a modification, but may now just settle with the lender which was what he was hoping for. He noted loans are often sold many times and it was difficult to work with the same person because frequently one deals with a servicer and not the actual lender or owner of the note. He has not abandoned the property. He has been in contact with the building official since he started the project and he and the City staff have been most helpful. In response to a query, Mr. Feliciano explained the loan was turned over to the Bank of America, and the Bank has been very difficult to work with. He did not want to do nothing, but had to wait for the settlement, which predicated his requesting the extension. If it was not granted, he would demolish the structure. 2 Meeting Minutes Building Board of Adjustments and Appeals B oy n to n Bea ch, FL August 2, 2012 Andrew Mack, Interim Building Official, stated staff wanted finality. The project was ongoing for five years. Staff did not want to hinder the applicant, but by him appearing before the Board and making this last extension request, it added pressure to move on in the process. Staff was amenable to granting the applicant an extension to a time certain, and commencing construction prior to the expiration. Mr. Mack commented the extension would be for nine months. There were no safety issues associated with the property and no complaints from the neighbors were received. Motion Ms. Agee moved to give nine months to March 2, 2013, to get the approval of the mortgage company and then to build it. If not done by that time, it will be demolished. Mr. Guritzky seconded the motion. The Recording Secretary called the roll. The motion passed 4 -0. Applicant: William David Poist C -1 Construction, Inc. Reference: Renaissance Commons Explanation: Applicant is appealing Section 105.3.2. (Time limitation of application) of the City of Boynton Beach Administrative Amendments to the 2004 & 2007 Florida Building Code, and is requesting an additional extension to permit applicant numbers 05- 6776, 05 -6778 and 05 -6780, 11 -2807, 11- 2666, and 11 -2389 with all of the same preservations previously granted and approved and extended to April 25, 2012. Also, additionally they would like to extend the following permit applicant numbers: 06 -6196, 07 -3189, 07 -3190; 07 -3256, 09 -3364 and 10- 782. Mr. Mack explained the applicant had been granted three extensions by the Building Official, and it was necessary for him to appear before the Board for a further extension. All of the applicant's plans were in an approved status and they were looking to begin construction soon. Chair Bessell explained to Mr. Poist that he had the option to move forward with the request or wait until there were more than five members present. Mr. Poist preferred to move forward and explained they received a firm letter of commitment. Closing was imminent and the City was very supportive of their projects. In order to close, they had 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL August 2, 2012 to pay for the permits and have them in hand. The extension was needed because the prior permit expired in April. In order to comply, another extension was needed which would allow them to pay for the permits which they were ready to do. There were 11 permits and the extension would be for a year. Motion Ms. Agree moved to grant a year's extension on the permits for all 11 properties, Chair Bessell requested the number of permits be removed Ms. Agee withdrew her motion Motion Ms. Agee moved to grant the extension for Renaissance on all the requested permits for one year. Mr. Guritzky seconded the motion. The Recording Secretary called the roll. The motion passed 4 -0. Mr. Poist expressed his appreciation to the Board. E. Old Business .1. Applicant: Harvey E. Oyer, III, Managing Member 417 East Ocean Avenue, LLC Reference: 413 East Ocean Avenue Explanation: Applicant is appealing Section 104.5 (unsafe building or system) with an engineer's letter regarding the safety of the structure. Additionally, appealing Section 105.4.1 (time limitation of application) of the City of Boynton Beach Administrative Amendments to the 2007 Florida Building Code, and is requesting an extension to permit applicant number 09 -3183, with all of the same preservations previously granted and approved and extended to August 1, 2012. Motion regarding the appeal of Section 104.5 tabled at the January 19, 2012, meeting. 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL August 2, 2012 Chair Bessell noted that the applicant was not present. He explained he was told the applicant applied and received a permit to demolish what was left of the structure at 413 Ocean Avenue. They had tabled the motion to hear the unsafe structure portion of the case and he preferred to keep it tabled and make a recommendation that if the building was not demolished on August 10th, the City make attempts to remove it. Attorney Cherof explained the hearing would have resumed at this meeting, but he spoke with Mr. Oyer on Monday. Mr. Oyer was out of town and staff confirmed all of the permits were submitted. Christian Oyer, the applicant's sister, called earlier indicating that all was approved and their demolition contractor would proceed with the demolition work next week. It appeared those facts rendered the issue of whether the applicant was going to take alternate action to enclose the remaining structure and get to the point where it would be a safe structure moot. The condition was unchanged. Ms. Agee commented since they tabled the issue of whether to address the safety concerns, nothing could be done without having another meeting. Attorney Cherof recommended Mr. Mack testify about the current status of the structure and testify, based on his knowledge in the department, regarding the state of the demolition permit and the Board could adopt a motion to conclude the unsafe structure portion of the case which would clear the way for demolition by the City if there was a change of heart by the applicant. The applicant was properly noticed and Mr. Mack testified the applicant was notified several weeks in advance of the meeting, which predicated the voluntary compliance on the applicant's behalf. He requested the Board rule on the items in case something did not go as planned so he would not have to have a Board meeting to make a decision on the appeal. If it fell through, Mr. Mack could act on the unsafe structure. He would still have to give proper notice before it was demolished. As to evidence regarding it was an unsafe structure, Mr. Mack testified he inspected the premises and there was no status change from the last meeting. The structure was exactly the same as it was the last time they convened on the matter a few months ago. He spoke with the applicant and was advised they would voluntarily demolish the building, and permits were issued. The contractor is scheduled to begin construction on Wednesday or Thursday of next week. At that point it would be a moot issue. In case there was a complication, if the Board ruled on the appeal, the matter would not have to come back to the Board. The applicant had an electric and fence permit which would also have to be removed when the demolition was done. As to the facade, Mr. Mack consulted with the Historic Preservation Planner and there was nothing they would salvage. Mr. Mack agreed the site could create projectiles during a storm as nothing changed in six months and the structure was still unsafe. Chair Bessell requested a motion on the tabled item to confirm it was an unsafe structure. 5 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL August 2, 2012 Motion Mr. Rurey moved to confirm the existing structure is still considered unsafe in its existing condition. Ms. Agee seconded the motion. The Recording Secretary called the roll. The motion passed 4 -0. F. New Business None G. Announcements None H. Adjournment There being no further business to discuss, Mr. Rurey moved to adjourn. Mr. Guritzky seconded the motion that unanimously passed. The meeting was adjourned at 7:00 p.m. Ouukalb (!L,V-k Catherine Cherry Recording Secretary 080312 6 CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL FOR ADDITIONAL EXTENSION Renaissance Commons Applicant: William David Poist ORDER GRANTING EXTENSION The Appeal filed by William David Poist (hereinafter referred to as "Applicant") was submitted to the City's Building Board of Adjustment and Appeals. The Applicant was appealing Section 105.3.2 ("Time Limitations of Application") of the City of Boynton Beach Administrative Amendments to the 2004 and 2007 Florida Building Code limiting the applicant to three extensions on his permit application. The City's Building Board of Adjustment and Appeals (hereinafter referred to as the "Board") reviewed the testimony and evidence provided to the Building Official, and the arguments of Applicant, and orders as follows: FINDINGS OF FACT 1. The Board makes the following preliminary findings: The Applicant has applied for permits (05-6776, 05-6778, 05-6780, 11- 2807, 11-2666 and 11-2389), which expired on April 25, 2012. All permit applications had been extended previously under Section 105.3.2 of the City of Boynton Beach Administrative Amendments to the 2004 and 2007 Florida Building Code. The Applicant is now requesting another twelve (12) month extension. The Applicant is also requesting to extend the following permits: 06-6196, 07-3189, 07-3190, 07-3256, 09-3364 and 10-782. The Applicant is requesting a further extension of his permit applications pursuant to Section 105.3.2 ("Time Limitation of application") of the Boynton Beach Administrative Amendments to the 2004 and 2007 Florida Building Code. CONCLUSION AND ORDER I After review of the record before the City's Building Official, the recommendations and comments of the City's 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 and 2007 Florida Building Code, as adopted by the City of Boynton Beach, the Board hereby grants the Applicant's request for a one year extension of all the requested permits (#05-6776, 05-6778, 05-6780, 11-2807, 11-2666, 11-2389, 06-6196, 07-3189, 07-3190, 07-3256, 09-3364 and 10- 782) pursuant to Section 105.3.2 ("Time Limitation of applications") of the City of Boynton Beach Administrative Amendments to the 2004 and 2007 Florida Building Code. 3. The public record, including, but not limited to, the 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 August 2, 2012, are hereby incorporated by reference. DONE AND ORDERED this cQ_ day of _aTALI 2012 in the City of Boynton Beach, Florida. MfCl1AEL BESSELL, CHAIRMAN CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS ATTEST: INITO, MMC Y CL CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL FOR EXTENSION OF PERMIT 1311 S.W. 27 th Avenue Applicant: Robert Feliciano ORDER GRANTING APPEAL The Appeal filed by Robert Feliciano, (hereinafter referred to as "Applicant") was submitted to the City's Building Board of Adjustment and Appeals on June 5, 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 to allow an additional extension to the five that were previously granted. 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 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 2007. The Applicant applied for a Building permit and a permit was issued (#07-2853). The project commenced and inspections were ongoing. A total of five (5) permit extensions were granted and on March 5, 2012, the last extension expired. The Applicant is appealing Sections 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code and is requesting permit #07-2853 be extended for a period of nine (9) months while he is settling an issue with his mortgage lender and then allow him to proceed with the permitted work. 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 2004 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 07-2853 for a period of nine months to March 2, 2013. If the approval of the mortgage company is not obtained and the building built by that time, then it will be demolished. 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 August 2, 2012, are hereby incorporated by reference. DONE AND ORDERED this day of 2012 in the City of Boynton Beach, Florida. BESSELL, CHAIRMAN CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS ATTEST: y J N_ ET M. PRAINITO, MMC 1 I ITY CLERK