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Agenda 10-11-12 8, 12 a 1 it ill 1 21' 3, .. . S:\Developmenl\8UILDING\Bulldm9 BOUtj of Adjustments 8. Appeals\FY Notice mee1in9 doc Monlevell:le Nit" 121h Ave\1Q-11-12 AGENDA BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Thursday, October 11, 2012 TIME: 6:30 P.M. PLACE: BOYNTON BEACH CITY HALL COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD A. CALL TO ORDER - Michael Bessell, Chairman B. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS C. D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 8/2/12 MEETING) APPEALS D.1. Applicant: Todd Benson Reference: 1645 & 1665 Renaissance Commons Blvd. (Monteverde) 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. Ten extensions were previously granted. He is requesting that his permit applicant number 05-4678 be extended for a period of twelve (12) months. There is a perspective buyer/contractor for the property; this will allow time for the new buyer to review plans and assess the work completed, comply with City requirements, and begin construction. D.2. Applicant: Renan Laurore Reference: 504 NW 12th Ave. 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 and also to submit a plan revision. Four extensions were previously granted. He is requesting that his permit applicant number 06-7765 be extended to allow him to eliminate a blighted condition. E. OLD BUSINESS S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2012-2013\10-11-12 Monteverde & 504 NW 12th Ave\1 0-11-12 Agenda.doc jaw F. NEW BUSINESS None G. ANNOUNCEMENTS NOTICE Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, prograrn or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the prograrn or activity in order for the City to reasonably accornrnodate your request. xc: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager, City Attorney, City Clerk, Director of Development & Building Official S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2012-2013\10-11-12 Monteverde & 504 NW 12th Ave\1 0-11-12 Agenda.doc jaw 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 Beverly Agee Sanford Guritzky Timothy Rurey Andrew Mack, Engineer/Interim Building Official James Cherof, Board Counsel 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 Boynton Beach, 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 E.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 fayade, 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 s~conded 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. Catherine Cherry Recording Secretary 080312 6 0.1. 1645 & 1665 Renaissance Commons Blvd. (Monteverde) City of Boynton Beach Department of Development Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Submittal Deadline: 30 days after decision is rendered by the Building Division Please [>rint or tvpe Submittal Date: Filing Fee: $100 payable to the City of Boynton Beach The undersigned owner(s) hereby respectfully petition(s) the Building Board of Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and interpretations of the Building Official and consider variances of the technical codes: Section(s) to be appealed: Request to extend building permit for a period of one year to permit perspective buyerl builder time to evaluate plans. Permit #05-4678 (See attached narrative) Property involved is described as follows: Lot(s) Subdivision Monteverde bldg. 3 & 4 , Plat Book , Block , Page or otherwise described as follows: Property Address: 1645 & 1665 Renaissance Commons Boulevard Name and Address of Owner: Monteverde Land, LLC 80 Maiden Lane, Suite 2205, New York, NY 10038-4817 Name of Applicant: Todd Benson Applicant's Phone Number: 11J:t:p-IfS3"O?> rD .&A ~ #oN11!!!V~e- ~, l.(.. c...... ~ : I ~7h: N()AITI5~(AN"Ij'tJU)~ c..L --, '~"!fioDt.e"I48'-f~ THE NOTICE OF APPEALS SHALL CONTAIN: 1. A clear and concise statement of the order and decision of the Building Official sought to be appealed and the date thereof. 2. The reasons for which the appeal is taken and a definite and detailed statement of relief sought from the Building Board of Adjustment and Appeals. 3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it shall have appended to it copies of any plans, drawings, rules or regulations or other documents that would be pertinent and materials to the hearing of the appeal. In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter period. 100 East Boynton Beach Blvd, PO Box 310. Boynton Beach FL 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357 S:\DavelopmentlBuilding\Forms& Templates\ln-HouselBullding Board of Adjustment and Appeals Apptication (4I93,7/95,10195.2/04) August 20, 2012 Building Board of Adjustment and Appeals Building Division of the Department of Development City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Re: Request from Monteverde Land LLC for a Building Permit Extension Beztak Land Company is under contract with Monteverde Land LLC, the owners of Phase 2 of Monteverde at Renaissance Commons, to purchase and subsequently complete construction of the 228 unit project on that site. Monteverde Land LLC has requested we provide this letter in support of their application for a one (1) year extension of permit number 5-4678. The requested permit extension is necessary to allow time for us to accomplish the following items prior to our starting (resuming) construction on this site: 1) Inspect the extent of existing construction to verifY exactly what work has/hasn't been completed, and to confIrm the physical integrity of the existing improvements. 2) Establish an accurate scope of necessary repairs and remaining construction work. 3) Obtain bids and select contractors for the work 4) Meet with the City to identifY a) existing permits, bonds, etc.; b) the City's criteria for accepting construction has re-started; and c) the date by which construction must resume. 5) Meet with any other governmental agencies responsible for permitting and/or inspecting the work to verifY their requirements. 6) Transfer permits, bonds, etc. to the appropriate names 7) Coordinate construction schedules with contractors and outside agencies for the remaining work, material deliveries, utility connections, etc. 8) Have a Pre-Con meeting with the City to coordinate construction timing and inspection responsibilities, municipal contacts, etc. 9) Any other items we may identifY as a result of performing this list of items. We fully support this building permit extension, and respectfully request its approval by the Board. If you require any additional information, including t.ackground on Beztak or project time requirements, we are available at your convenience. We look forward to working with the City to move the proj ect forward. Markus E. Jakobson The Beztak Companies 2201 N.W. Corporate Blvd. Suite 100 Boca Raton, Florida 33431 (561) 443-4300 phone (561) 443-2868 fax miakobson~beztak.com Date 8/04/05 BYB2GJW Date Issued: 10/10/05 1134303 445726 Permit No: 0500004678 City 08 Twnshp. 45 Lot 1645 Plat!BooklPage Property Address Zoning Reviewed By 1645 RENAISSANCE COMMONS BLVD WE Subdivision Name legal Address MONTEVERDE CONDOMINIUM BLDG Owner's NamelAddressiTelephone MONTEVERDE LAND LLC 80 MAIDEN LN RM 2205 NEW to R K Contracl:or's NY 10038 ALTMAN CONTRACTORS 1515 D FEDERAL HWY BOCA RATON 561 237-1355 INC STE 300 FL 33432 CGC062866 4087033722 Additional Description MONTAVERDI SLDG 3-4 Phase II ALTMAN CONTRACTORS INC GENERAL FI.Z Occupancy Sq.Ft. Improvements R Schedule of Fees 281814 33.440.181 MULTI-UNIT CONDOMINIUM PAID CREDITED * THIS PERMIT FEE IS NOT REFUNDABLE * 464.903.82 DATE. 10/10/05 REeEI? 0009643 203.899.80 DATE- 10/10/05 REeEI? 342445 OTHER FEES: TYPE. PERMIT APPL. EXT.-2ND TYPE. P RMIT APPL. EXT.-3RD TYPE. B IF TYPE- C NGE 0 CONTRACTOR TYPE. P MIT E ENSION.IST TYPE. PERMIT EX ENSION-3RD TYPE. FIRE AND IFE SAFETY FEE TYPE. ON TRU T FEE TYPE. ER SER ICE TYPE- WATER SERVICE TYPE. PLAN CHECK FEES TYPE. PLAN CHECK FEES SHALL BECOME NlJ AND VOID UNLESS THE WORK AUTHORIZED NOT RECEIVED AN APPROVED INSPECTION F 75.00 100.00 1.409.08 70.00 50.00 500.00 16.345.21 1.409.08 44.620.80 250.790.40 203.899.80 180.00 000031477 000000000 E PER TKL PAB) UESTING VOID. ) SUBMITTED 6/23 7-18-07 PER KAS LE cline clinek in building plans or specifICations must be recorded with this office. Arty work not covered above, must have Ii! valid the owner and builder agree to erect this structure in fuB compliance with the Building end Zoning Codes of the slartlng. In cOl1sideretion of the grl!lltil1ll of BOl/moo Beach, Florida. This permit fee Is not DELMA PROPERTIES, INC. OPERATING ACCOUNT 80 MAIDEN LANE, SUITE 2205 NEW YORK, NY 10038 BANK AUOl USA 19 EAST 54TH STREET NEW YORK, NY 10022 1-623/260 8/21/2012 One Hu ndred an d 00/1 00***************************************************************************************************'A City of Boynton Beach **10000 $ . PAY TO THE ORDER OF DOLLARS City of Boynton Beach MEMO Filing fee liD 0 ~ 8 ct L. g liD I: 0 2 bOD b 2 j, ? I: b 0 2 g 8 5 000 ~ III Michael J. Covelli, ASlAI AICP President 2295 NW Corporate Blvd 4> Suite 213 4> Boca Raton, Florida 33431 Main 561.910.0330 4> Fax 561.549.9000 AICP Certification it 6663 mike@covellidesign.com Boynton Beach, Florida 20 ,";2 $ THANK TIMELlNE for Permit #05-4678 Application submitted: Permits issued: First inspection: 1 st Extension until: Last inspection: 2nd Extension until: 3rd Extension until: 4th Extension until: 5th Extension until: Change of Contractor: 6th Extension until: 7'h Extension until: Change of Contractor: 8th Extension until: 9th Extension until: Change of Contractor: 10th Extension until: 4 Aug 2005 10 Oct 2005 30 Dec 2005 (Plumb U/g) 7 May 2006 22 May 2007 (Stem Wall) 4 June 2008 18 Nov 2008 26 Apr 2009 24 Sep 2009 9 Feb 2010 2 Mar 2010 5 Jul2010 26 Jan 2012 26 Apr 2012 7Aug2012 5 Sep 2012 26 Oct 2012 Date: 10/4/2012 (#05-4678) Inspection history App Y r App No Permit Type Inspection Type Code Description Inspection Results Description Inspection Results Date 5 4678 BP BUILD SEE COMMENTS APPROVED 1/27/2006 APPROVED 1/27/2006 APPROVED 2/2/2006 APPROVED 2/2/2006 APPROVED 5/22/2007 COLUMNS APPROVED 2/8/2006 FOUNDATION APPROVED 2/2/2006 SLAB FORM APPROVED 1/27/2006 APPROVED 2/2/2006 APPROVED 2/2/2006 APPROVED 2/3/2006 APPROVED 2/3/2006 APPROVED 3/10/2006 APPROVED 3/15/2006 APPROVED 5/1/2006 APPROVED 5/1/2006 EL ELEC SLAB APPROVED WITH EXCEPTION 1/11/2006 FS FIRE PRESSURE TEST APPROVED 6/13/2006 APPROVED 6/13/2006 APPROVED 6/30/2006 APPROVED 6/30/2006 DISAPPROVED 7/28/2006 DISAPPROVED 7/29/2006 PL PLUMB ROUGH/UNDERGROUND APPROVED 1/3/2006 APPROVED 1/9/2006 APPROVED WITH EXCEPTION 1/13/2006 APPROVED WITH EXCEPTION 2/22/2006 APPROVED WITH EXCEPTION 2/23/2006 APPROVED 2/27/2006 CANCELLED 3/1/2006 APPROVED WITH EXCEPTION 3/2/2006 Page 1 0.2. 504 NW 12th Ave. n 2 as or 2 it From the D(~s~; or: Architect IlN'14J4 at our owner to move 10 to an a to contact me at ] 131. 40 I West A llarHic Ave. Suile FL33444 P.561573-113IF,561 265-0806 2012 09: 39 .230400 > 1\ v.e Mr. Cox: Here is tIle an add for October 11 th, 2012. the end of tllis for your use. Trle Board meels all We do have a scheduled date if you can have submitted You can contacl Jamie at 742.6372 if y'OU have any Thanks. Andrew P. P.E., LEED AP BlIi B~ach Oflk~' 561 ilre 2011 11. 12 AM Extension of Permit 06.6669 2 do an as.buill at end revised before A. A. Cox & Inc. 40 I Wesl Athll1tic Ave. SleD9 1"1. 3344~1 III\A16001172 ii2H65,~ P,561-243-2077 F.561-265-0R06 CONFIDENTIALITY NOTE: This e-maillr<lllsmission intended "to" and the "cc" and may cOJllain infonmuion tJl<lt is If tile reOJder of 1 his is l10llhe inh:l1d~\d YOll are or other llse of communication is LIS\(: !If or reliance upon tlic cO/Henls of this c-ma.il. have n:ceivcd and delel" the c-mail and 11le auaclH:d documenls. for I.he use of the party or listed in the COil fidenliaJ and lI'om disclosurc hm. notified Ihal an)' disclaim for YOllr Illl<lutlwrizcd COl11nHlIlicat ion in error, us from: Sent: To: Cc: 2011 11 :01 AM RE: Extension of Permit 06-6669 'I ~Iap~'rty " .,1 ","ppil< '1101'11,,1 ~I "'~ll on OuUUl\dl'''llln~pUllllM L E ETI I..' 4 Ste,09 FL 33444 co ?;J ~ E :::J o u y 0( 'to..; ('.1 -0 ~ 'lj U tJ c:: \if, 00 ~ ~ -0, 0( 1::1 'H:::>V38 NO.lNA08 '3^V H.lZ~ MN tOg NVN3~ 3~O~nVl 'S~l^J 'll '~l^J :~O.:l NOI..l vt:I3..l1V ~OI~3..lNI ; ~~ U ~~ gt;; @g i! 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