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Agenda 11-20-17
G'TY OA. AGENDA sot‘. ow = o � BUILDING BOARD OF ADJUSTMENT AND APPEALS �rON 0 DATE: Monday, November 20, 2017 TIME: 6:30 P.M. PLACE: BOYNTON BEACH CITY HALL COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD A. CALL TO ORDER— Sanford Guritzky, Board member B. ELECT NEW CHAIRPERSON —former chairman resigned in August 2014, and a temporary Chairperson was elected for the last (11/6/14) meeting only. C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 11/6/2014 MEETING) E. OLD BUSINESS None F. NEW BUSINESS 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 2014 Florida Building Code, 5th edition to allow an additional extension and also submit a plan revision. The permit has been extended four times and also granted a 90-day extension by this board at the October 11, 2012, meeting. The permit expired on June 20, 2017. He is requesting that his permit application number 06- 7765 be extended to allow him to complete this work. G. ANNOUNCEMENTS After the board meeting, board member viewing of the Ethics Training video in compliance of the scheduled re-training for all Board members and employees. Any board members unable to watch the video at this time must do so on his or her own and submit the signed Code of Ethics Training Acknowledgement form to the City Clerk's office. S:\Development\BUILDING\Building Board of Adjustments&Appeals\FY 2017-2018\504 NW 12th Ave\Agenda 11-20-17.doc The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. 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, program 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 program or activity in order for the City to reasonably accommodate 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 2017-2018\504 NW 12th Ave\Agenda 11-20-17.doc The City of Boynton Beach C. O� DEVELOPMENT DEPARTMENT BUILDING DIVISION x == 100 E. Boynton Beach Boulevard • P.O. Box 310 Boynton Beach, Florida 33425-0310 �A. P TEL: 561-742-6350 'ti rp N 1114' FAX: 561-742-6357 www.boynton-beach.org November 15, 2017 RE: Renan Laurore, 504 NW 12th Ave., for extension of permit number 06-7765 and plan revisions Dear Board Members: Attached is the agenda for the November 20, 2017, meeting. The applicant, Mr. Renan Laurore, property owner, is appealing Section 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach Administrative Amendments to the 2014 Florida Building Code, 5th edition, to allow an additional extension. The permit has been extended four times and also granted a 90-day extension by the Building Board of Adjustment & Appeals at the October 11, 2012 meeting. The permit expired on June 20, 2017. The applicant requests an additional extension for his permit application number 06-7765 to allow him to complete this work. If the requested extension is granted, the Building Official requests that the applicant enter a stipulation agreement with the City Attorney of Boynton Beach to obtain all approved final inspections within the said 90 days or, if failing to obtain all approved final inspections within the said timeframe to have the building demolished and removed. Sincerely, Shane Kittendorf Building Official SVK:jaw Attachment Breeze into Boynton Beach! America's Gateway to the Gulfstream • Page 2 November 15, 2017 XC: Members of Building Board of Adjustment & Appeals City Commission Members Lori LaVerriere, City Manager Asst. City Attorney Judy Pyle, City Clerk Recording Secretary Andrew Mack, Director of Development John Kuntzman, Deputy Building Official • Renan Laurore, P.O. Box 278944, Miramar, FL 33027-8944 • Juller M. Renludy, Vanguard Hammer Property, 14545 S. Military, Ste. J225, Delray Beach, FL 33484 MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING HELD ON THURSDAY, NOVEMBER 6, 2014, AT 4 P.M., IN CHAMBERS AT CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FL PRESENT: Beverly Agee Nancy Byrne, Development Director Sanford Guritzky Andrew Mack, Building Official George Neger Jim Cherof, Board Counsel Roger Zona Diane Springer, Code Compliance Manager Andrew Podray, Alternate Patrick Hart, Code Compliance Officer ABSENT: Carmela Nanton, Dr. Timothy Rurey A. Call to Order The meeting was called to order at 4 p.m. by Mr. Guritzky. Roll call established a quorum was present. B. Elect New Chairperson Since former Chairman Michael BesseII resigned in August 2014, Mr. Zona nominated Andrew Podray as Chair. Ms. Agee seconded the nomination. There were no other nominations received and the vote was unanimous. Attorney Cherof pointed out Andrew Podray was an Alternate, and Alternates could not serve as Chair. He suggested Mr. Podray serve as Chair Pro Tern for the meeting and, if desired, the Board could request the City Commission move Mr. Podray to Regular member status, which would permit him to serve as Chair thereafter. Motion Ms. Agee moved Mr. Podray be made Chair Pro Tem for the meeting. The motion was seconded and unanimously passed. C. Acknowledgement of Members and Visitors Since roll call had been taken, Attorney Cherof explained as the case moved forward, interested parties will state who they are and introduce their representatives. Meeting Minutes Building Board of Adji nents and Appeals Boynton Beach, Florida November 6, 2014 D. Approval of Agenda and Minutes of November 7, 2013 Motion Mr. Guritzky so moved. Mr. Neger seconded the motion that unanimously passed. E. OLD BUSINESS None. F. NEW BUSINESS Applicant: Leon Jenkins Reference: 132 NW 10th Ave. (a.k.a. Martin Luther King Jr. Blvd.) Explanation: Applicant is appealing a demolition order issued as allowed by Section 116.4, inclusive, of the City of Boynton Beach Administrative Amendments to the 2010 Florida Building Code. The applicant is requesting a stay of the demolition order and additional time to conduct the work stipulated by the Notice of Unsafe Building dated 9/02/14. Gail Jenkins, 16049 Rio Del Sol, Delray Beach, the Petitioner, was represented by Counsel, who was delayed due to traffic. By consensus, the Board recessed at 4:06 p.m. to allow Counsel for the Jenkins time to arrive. The Board reconvened at 4:22 p.m. Attorney Cherof explained this case was an appeal and the meeting was a quasi-judicial matter. He administered an oath to all those intending to testify. Andrew Mack explained he is a licensed General Contractor, Civil Engineer, and the City's Building and Building Code Administrator. He explained the following: • In April 2014, he sent a notice to the Jenkins declaring the property to be unsafe and unsanitary and to repair the premises or demolish the building within a specified time. • When the letter was received, Mr. Jenkins indicated he wanted to repair the premises. They wrote a letter detailing their plans, including a time frame. • On April 28th, the City stayed its demolition order. The owner was in the process of hiring a contractor and requested another extension in May, which was granted. 2 Meeting Minutes Building Board of Adji ,'rents and Appeals Boynton Beach, Florida November 6, 2014 • Permits were submitted on June 19th from the plumbing contractor the owner hired and since then, nothing has been done. The property is still unsecured, unsafe and unsanitary. • After that time period elapsed, a second notice was sent on September 2, 2014, advising the violation still existed and the Jenkins were ordered to repair or demolish the building within 10 calendar days. • After the 10 days, notice was provided to the owner by certified and regular mail that the City would demolish the property. • Mr. Jenkins came to the Building Department, after the deadline, indicating he wanted to repair the property. • Mr. Mack explained the time to do so had elapsed, and his only recourse would be to submit an appeal to the Building Board of Adjustments and Appeals. The owner submitted an appeal application on September 26th which was past the deadline; however, the City opted to allow the appeal to come before the Board. Mr. Mack tried to arrange a meeting twice, but the meetings had been twice delayed. Mr. Mack explained the property was boarded up because it was unsecured, there are plumbing and electrical issues, damaged drywall, the electric service was missing and there was no water to the property. Chair Podray inquired if 10 days would have been enough time to cure the violations and Mr. Mack explained if the applicant meets with the Building Department, extensions are granted. He also explained 10 calendar days was enough time to obtain a contractor to make repairs, restore the premises to a satisfactory condition and meet with staff. Usually, the applicant hires an engineer, architect or contractor to create plans and submit for a permit and Mr. Mack explained staff usually expedites the permits. The purpose of the letter was to ensure the applicant would move forward with the plans. Ms. Agee inquired if there was asbestos in the premises. Mr. Mack explained the City hired a demolition contractor who, as part of due diligence, checked for and found asbestos, which would delay demolition of the property until the asbestos was abated. Mr. Mack explained the owner has owned the property since 1984. There have been 73 Code cases since then and 201 documented criminal activities at the property. There are $5,845 in unpaid water, sewer, storm water and refuse fees. Since the initial meeting, 211 days have gone by. The owner has other properties in the City, and understands how to manage property. Attorney Lewis, Counsel for Mr. Jenkins, referenced Code Section 116.1 permitting the Board to declare a structure unsafe; however, once that determination has been made, the Code requires the City to provide a written notice stating the defects. She asserted the notice provided to Mr. Jenkins did not. 3 Meeting Minutes Building Board of AdjL nents and Appeals Boynton Beach, Florida November 6, 2014 Mr. Mack explained the letter referenced the entire building and typically, the owner would hire a person to provide detailed drawings of the repairs. The letter said to fix the building. Attorney Lewis commented when a letter is sent, Mr. Mack anticipates a meeting will occur, but the Code still required the notice. Mr. Mack asserted the owner knew of the repairs when Mr. Jenkins hired Newbold as a contractor. They listed what needed to be addressed. There were visual defects, and staff does not list every outlet, fan, leak, drywall repair needed. They received written notices on April 2 and September 2nd to repair the entire building and the Jenkins hired a professional to provide drawings and detail of what needed to be done. Mr. Jenkins did this. His plumbing application detailed what would be done. Attorney Lewis commented the Board was requiring the Jenkins to follow and comply with the Code and asserted written notice must contain the violations and it was obvious Mr. Jenkins, as a non-contractor, may not know what to ask. The written requirement could be taken to a professional to obtain estimates to fix the building as required by the Code. Ms. Agee read Section 1161.1.1 which listed the defects, and inquired if the meeting with the Building Official and the owner, stating all of those items were the defects met the spirit of the Code. She noted Mr. Jenkins owned the property since 1984. He owns other properties and was not a novice. He knows plumbing, electrical, drywall and asbestos are serious violations. Ms.Agee thought Mr. Jenkins may have waived written notice when he met with the Building Official who pointed out each and every item as a defect, and then indicated he would hire a contractor. Attorney Lewis did not think the breadth was a sufficient requirement to which Mr. Jenkins had to be held. Ms. Agee reiterated all of the items in Section 116.1 were listed as a defect, including asbestos. Mr. Mack reiterated when he met with Mr. Jenkins, they reviewed all of the items that needed to be repaired which was why he hired a plumbing contractor. Mr. Jenkins indicated he wanted to get the plumbing done first, followed by electric. Mr. Jenkins obtained a proposal from an electrician. The last person hired was a general contractor because Mr. Jenkins could not secure each individual trade by himself. Mr. Mack stated Mr. Jenkins knew what was required and he had received two notices, stating what needed to be done. Mr. Neger explained the matter was a common sense issue. Attorney Lewis referenced Exhibit B which pertained to Code violations. The last notice issued was 2013 from a Code violation in 2013 that was cured. There were no Code violations from 2013 to 2014. Discussion ensued Mr. Jenkins met with Mr. Mack. Mr. Mack testified he reviewed all of the violations. The notice says to repair the building. It was not just one specific item. If it were just electric, he would specify electric, but in this case, it was everything and the entire building had to be repaired. Diane Springer, Code Compliance Coordinator, explained Code Compliance did not cite Mr. Jenkins because the Building Department proceedings on the property had started. The last two violation notices Code Compliance had issued were to secure the building and the other for overgrowth and both were corrected. When the Building Department initiated action, and the Jenkins were cited, Code Compliance stopped 4 Meeting Minutes Building Board of AdjL nents and Appeals Boynton Beach, Florida November 6, 2014 pursuing the matter because they were the same violations Code Compliance would have cited. Mr. Mack explained a major problem was the building was unsecured. It could have been secured in August, but when it got to Mr. Mack, there was a lag in the Code case. One problem was the notice went to the property address and not to the owner's address. Mr. Mack got involved in March and when he viewed the property, it was unsecured just as it remains to-date. Prior to that, Code Compliance handled the matter. Ms.Agee noted the discussion does not address the problems from March to the present. She did not understand how an individual who owns numerous properties could come to the meeting and indicate he did not know what to do. She recalled Mr. Jenkins had indicated he would address the plumbing first and other items after that. Attorney Lewis explained Mr. Jenkins met with Mr. Mack, hired a plumber, pulled a permit and went through the process. The reason for the Code is to hold citizens to a standard of living, building and/or structure within the community. She contended he needed to be provided with the information to comply. If he made no attempt, she understood demolishing the building, but he hired a general contractor who attempted to pull a permit in September, which was denied because the building was set for demolition. There was discussion if the contractor was licensed. Mr. Neger explained the company was qualified by a licensed contractor, but not the contractor. Attorney Lewis requested Mr. Jenkins be given a reasonable timeline, asserted 10 days for the magnitude of repairs the building needed was not reasonable, and be given specific information. Mr. Mack explained from April to November was over 211 days. He reiterated he stayed the demolition order based on correspondence Mr. Jenkins sent. There had been no activity from April 28th. It took from May 5th to June 19th, over 40 days, to hire a plumbing contractor because the owner chose to address the issues one piece at a time. There had been no movement on the property from June until September, other than when he received notice of the demolition. He had met with Mr. Mack and knew what needed to be done and did nothing. He was given another 10 days to comply and after the 10 days, he meets with Mr. Mack asking what could be done and he hired a contractor. Mr. Mack pointed out the building could be demolished within 10 business days. Mr. Mack thought it would take three or four days to get quotes to remove the asbestos. Attorney Lewis countered it would take longer to tear the building down than the time given. The letter gave 10 days to come in. The first order was stayed and Mr. Jenkins was given 14 days to obtain a permit and 14 days afterward to start construction. Mr. Guritzky commented Mr. Jenkins did nothing. Ms. Agee surmised Mr. Jenkins was a knowledgeable property owner and he owned other properties, which she assumed were in good repair. He received the notice, met with Mr. Mack and. reviewed the repairs. Mr. Jenkins chose to make the repairs one at a time, starting with the plumbing repairs, then the electric, until they were done. Ms. Agee did not view Mr. Jenkins as ignorant, but it appeared to her he was using it as a defense. There was a six-month period and he wanted more time. He had a contractor, but it appeared the contractor was not licensed. 5 Meeting Minutes Building Board of Adji. .nents and Appeals Boynton Beach, Florida November 6, 2014 Attorney Lewis pointed out that was only evidence he was trying. He needs reasonable time and a specific list of what was needed to make the building safe and emphasized 14 days was not enough time. Six months had elapsed; however, Attorney Lewis explained in September, Mr. Jenkins was not permitted to pull a permit due to the demolition order. Chair Podray commented if Mr. Jenkins held a mortgage on the property and was a personal guarantor, giving 10 days to completely renovate a home was unreasonable. After 10 days, if the loan is called and he goes into foreclosure because of the lack of collateral, a cascade effect will ensue and the bank will pursue Mr. Jenkins on his other properties until the bank is made whole. He suggested when full renovations are required, more time should be given. Mr. Mack explained the 10 days in the notice was to meet. Attorney Lewis explained that was not what the letter stated. Chair Podray opined the Code is so broad, a Building Official could site an owner for anything. He felt the issue was Mr. Jenkins had 10 days to correct all of the issues. Mr. Mack read the first letter sent to Mr. Jenkins into the record, which is attached to the meeting materials. Attorney Lewis questioned the 10 days to demolish the building, not to pull a permit and fix everything. The only correspondence indicating he could pull a permit was April 28th. That letter gave 14 days to pull a permit and another 14 days to do the work. Mr. Jenkins then sent a letter. Attorney Lewis put it on record he was not given 10 days to get a contractor, only 10 days to fix it or the City would demolish it. Mr. Mack explained the building was unsafe and needed to be secured immediately and it was not. The notice was sent April 2"d and they met on April 12th. Mr. Jenkins informed Mr. Mack of the work he would do. Mr. Mack stayed the demolition which gave him additional time. Mr. Jenkins requested additional time and he did not send another unsafe notice. On May 5th, the plumbing contractor submitted for a permit and from June until September there was no contact or activity. On September 2nd, Mr. Mack sent another notice. Mr. Jenkins was already aware he should have had a general contractor and other contractors lined up. Only after Mr. Jenkins received a demolition order a second time on September 15th, did he want to come in after the fact. Mr. Mack explained this was Mr. Jenkins motive. Each time Mr. Jenkins received correspondence, he came in and asked for extensions after the fact, not taking into consideration Mr. Mack dealt with him in a fair and equitable manner. He granted him every extension he needed, but Mr. Jenkins had done nothing. When he pulled the permit, there were no inspections scheduled. Mr. Mack went back on site at the end of August. The condition was still the same with the doors wide open. A second notice was sent on September 2 that there was an unsafe structure and he was given 10 days to address the matter. On September 151h, nothing was done. A second notice was sent notifying him the home would be demolished. Only after Mr. Jenkins received the demolition order did Mr. Jenkins do anything. It was the motive. Everything was delayed even the Board Hearing originally scheduled for October 16,2014,when Mr. Jenkins asked for an extension because he was trying to work something out with the mortgage. He was granted another extension, bringing the matter to the present day. Mr. Mack explained Mr. Jenkins had over six months to do something to the property and it remains the same way it was in March. 6 Meeting Minutes Building Board of Adji nents and Appeals Boynton Beach, Florida November 6, 2014 Ms. Agree agreed. Mr. Jenkins came in on the 10th day of receiving the first letter and is given all the information he needs to make the repairs and he was told what they were. He chose to make the repairs in a piecemeal fashion. She contended Mr. Jenkins had the responsibility to repair the property between March and November. He does nothing until he receives a notice, then he brings in someone else. She was concerned because the the latest entity hired may not be licensed. There would be an unsafe building for another month because he did not hire the appropriate contractor. There are repeated delays and a new contractor tactic occurring. Attorney Lewis commented they were requesting Mr. Mack meet with Mr. Jenkins and Mr. Mack provide, in writing, what needs to be done to the building and to provide a reasonable timeline. Mr. Jenkins was attempting to address the matter in a way he was assuming would meet the Code's requirements. If Mr. Jenkins does not meet the timeline, the building will be demolished. Mr. Guritzky explained the notice was to provide 10 days to move forward. It has repeated delays. The notice does not say it had to be completed. Attorney Lewis countered the notice indicates in 10 days the building will be demolished. Attorney Cherof suggested Mr. Jenkins testify to what he thinks is a reasonable time period to meet with Mr. Mack and to correct the violations. Leon Jenkins explained he had dealt with Code Compliance for years, but nothing to this magnitude. He treated it as a Code Enforcement issue. When he received the initial notice, he realized the building was unsafe. When he spoke with Mr. Mack, he was advised the doors needed to be secured, there was damaged soffit, and the windows had to be secured properly. He got people out to secure the building. Mr. Albert Williams had been managing the property and he was watching. If something was askew, he would address it. He commented there were times he left doors open. In August, he had six or seven plumbing contractors. Had he known the best way to deal with the matter was to retain a general contractor, he would have done so, but he thought it was like a Code Enforcement matter. He had never hired a contractor. When questioned, Mr. Jenkins did not know about the asbestos and he has no clue how to abate the asbestos. He spoke with a plumbing and electrical contractor and was advised it would take 45 to 60 days. Chair Podray wanted to ensure the City had the authority to make Mr. Jenkins remove the asbestos, because if looking for hazards, every home constructed in the city before 1978 should be tested for lead based paint and be fulyl abated. Normally, that is a requirement from a lender who will want an operations and abatement plan to monitor the asbestos in lead based paint, but he wanted to ensure they had the jurisdiction to ensure he had to abate it. Mr. Mack clarified the only reason why the asbestos survey is done is because it is a legal requirement when executing a demolition order. He noted the asbestos was contained in the floor tiles. If he was not removing the tiles, they can remain. If demolishing the entire structure, they have to be removed of properly and disposed of in the proper manner. 7 Meeting Minutes Building Board of Adj; ments and Appeals Boynton Beach, Florida November 6, 2014 Attorney Lewis explained Mr. Jenkins was seeking notification in writing from Mr. Mack and appropriate time to correct. Mr. Jenkins explained if asbestos was not an issue, he did not see why he could not do this within 60 days. Mr. Jenkins explained it would be best for him to rehab the building one unit ata time. In this neighborhood, he did not want to do a lot of work and then transients take everything out. Mr. Jenkins commented he will ensure he has all the security to ensure items are removed from the premises. Mr. Jenkins explained he has had vandalism. The new plumber will not use copper because copper is expensive and transients steal it. They go in the shower, knock a hole in the shower stall, and pull the copper out of the entire building. All of the electric was pulled. Mr. Mack explained the letter from Mr. Jenkins dated October 13th indicates he enclosed all the necessary approved engineering stamped drawings, and the permit application obtained by Alphonse Newbold Construction. Other paperwork was enclosed and Mr. Mack noted the contractor was ready to move forward. If so, Mr. Mack did not see the need for more than 45 days. Mr. Mack explained Mr. Newbold has pulled permits in the City before. Attorney Lewis inquired if he could get a detailed list of what he needs to accomplish within the 45 days from Mr. Mack. Mr. Mack responded he already has written drawings from an engineer and contractor detailing the repairs. He obtained these when he hired the contractor and engineer. Mr. Mack explained if the Board thinks Mr. Jenkins will follow through on the repairs and was willing to grant him an extension, 45 days was more than sufficient to have all addressed in the structure. Mr. Guritzky inquired what would occur if the work was not done in 45 days. Mr. Jenkins explained he has never done this before and did not see how he could not complete at least one unit. Mr. Mack explained the issue is the entire building has to be rehabbed, not just one unit. There were four units in the building and they are unsecured. Attorney Lewis explained the Board could include that throughout the 45-day period the building be secured. Mr. Mack emphasized it was the entire building. Chair Podray agreed security was important. Ms. Agee inquired if they agreed to give 45 days, and all parties meet to learn what had to be done, whether could they put in the order that if the work is not done in 45 days, the property could be demolished. Attorney Cherof counseled the Board would need to determine if the building is unsafe and dispose of counsel's assertion of whether or not sufficient notice was provided. Once that is addressed the Board can set a date for demolition beyond the time period the Board thinks would be necessary for correction of the property. The Board could reserve jurisdiction to reconsider the matter if something extraordinary occurred between now and then. Attorney Lewis agreed the stipulation was reasonable provided Mr. Mack provided in writing what has to be done within that time period. 8 Meeting Minutes Building Board of Adjt nents and Appeals Boynton Beach, Florida November 6, 2014 Attorney Cherof explained Mr. Mack testified the work needing to be done was the work specified in the plans Mr. Jenkins submitted. He suggested Mr. Jenkins had no doubt what needed to be done, and Attorney Lewis agreed. There was brief discussion of encapsulation of asbestos which was quicker and cheaper and it protects the occupants. It was noted removal was very expensive. Attorney Cherof explained the Board does not have to assist in the rehabilitation project, only make a determination whether the building is unsafe and that the time period where rehabilitation of it can occur. Ms. Agee was willing to make a motion that reasonable notice was provided and based on the presentations, the Board could allow 45 days to take the building to a safe condition,that was appropriate for Boynton beach, would look right in Boynton Beach, and give Mr. and Mrs. Jenkins their property. She did not want to see demolition, but did want to see the Jenkins pay attention to the notices when they are received. She was unwilling to admit the notice was not sufficient, but was willing to say that based on what they are indicating and all the evidence presented, the Board allow 50 days to do what is necessary what Mr. Jenkins now knows, and that he doesn't need anything in writing. Mr. Mack explained the plans were not submitted or reviewed, so he would have to submit for them and they would be expedited. Provided the plans are correct, they could be approved in one day; if not, they would have to be corrected and resubmitted by the contractor. Mr. Jenkins was satisfied with the time frame. Attorney Cherof suggested due to upcoming the holidays the Board pick a deadline of January 5th, or January 12th, 2015. Motion Ms. Agee moved to give Mr. Lewis until January 12th to submit plans, to make sure they are approved and the plans have to include everything that needs to be done to make the building safe. If not done by January 12, 2015, than the Building Official has the authority to proceed with demolition. Mr. Jenkins inquired if the entire building is rehabbed, and vandalism occurs or a Code Enforcement matter arises, if that would count against him. Attorney Cherof explained in addition to the responsibility to maintain and bring the property to Code, that it is his responsibility to ensure it is secure from vandalism. Mr. Neger inquired how the property got to its current state. Mr. Jenkins explained Code Compliance saw the round meter was off the cover at the building. He called FPL and they came out and said everyone in the building stole their meters and they were going to pull the meter and they disconnected the main service wire to the building. He had one tenant at the premises at the time, and he had to move. Mr. Jenkins checked with FPL and the account was in Mr. Jenkins name, and he would need to pay a deposit for service. He thought he only had to check on the meter. He got estimates to fix it. Each time he got estimates to fix the meter, and they would come out, there was additional damage. 9 Meeting Minutes Building Board of Adjments and Appeals Boynton Beach, Florida November 6, 2014 Had FPL not disconnected power, he would have had someone living there watching the budding. Attorney Cherof clarified the motion as follows: The Board finds the property that is the subject of this appeal is unsafe. The property owner is given until January 12, 2015, to restore it to a condition of a safe structure. If the property is not restored to a safe condition by January 12, 2015, the Building Official may proceed with the demolition of the property. Ms. Agee so moved. Mr. Guritzky seconded the motion. Roll call was taken. The motion failed 2 to 3 (Messrs. Zona, Neger and Chair Podray dissenting.) Chair Podray offered an amendment that it would be sufficient as three of the four units were secure. He would fully renovate one unit and secure the other three. Ms. Agee rejected the amendment. Mr. Mack pointed out to operate a rental unit, he has to have a Business Tax Receipt and he could not obtain the license for only one unit. It had to be for the entire building. The unit could be improved, but no one could live there. Chair Podray explained there was interest in the building. He read correspondence to the City of Boynton Beach from the Family Advocate from the Palm Beach County Adopt-A- Family Housing Stabilization Program in support of Mr. Jenkins' character and that Mr. Jenkins has provided housing to Adopt-A-Family participants. Chair Pod.ray suggested as long as Mr. Jenkins complied with the plumbing and electrical, there were no safety hazards and the property was boarded up to prevent vandalism, he could still lease out the other units. Mr. Mack explained he would have to pass the Business Tax Receipt inspection for the whole building. Attorney Cherof explained a motion that conformed to what the applicant has stated he could do was needed. He believed the motion was consistent with what Mr. Jenkins stated he could accomplish. If the 60 days was not sufficient, a substitute motion should be made. Mr. Jenkins inquired about the first inspection for plumbing and electrical, and if he could receive a rough and final inspection for one unit to allow a tenant to move in, and Mr. Mack explained he could not. The motion passed 3 to 2 (Mr. Neger and Chair Podray dissenting). G. ANNOUNCEMENTS After the meeting, Board members would view the Ethics Training video in compliance of the scheduled re-training for all Board members and employees. Any Board members unable to watch the video after the meeting must watch it later on his or her own and must 10 Meeting Minutes Building Board of Adjt ;rents and Appeals Boynton Beach, Florida November 6, 2014 submit the signed Code of Ethics Training Acknowledgement form to the City Clerk's office. H. Adjournment Motion Mr. Guritzky moved to adjourn. Chair Podray seconded the motion that unanimously passed. The meeting was adjourned at 5:54 p.m. L.. - Catherine Cherry ZI Minutes Specialist 1202014 11 BUILDING BOARD OF ADJUSTMENTS & APPEALS - ROLL CALL VOTES . YES NO YES NO YES NO Beverly Agee V V Roger Zona ✓ V Sanford Guritzky _ / George Neger j/ l/ THS `— / Andrew Podray V YES NO YES NO t YES NO Timothy Rurey George Neger Sanford Guritzky Roger Zona Beverly Agee Carmela Nanton Andrew Podray YES NO I YES NO YES NO YES NO YES NO YES NO III s:\cc\wp\minutes1bbaa\roll call sheets.doc Application and Applicant's back-up and plans G%2+a City of Boynton Beach Department.liof Development ,,o,., ?.c Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Submittal Deadline: 30 days after decision is rendered by the Building Division Please print or type Submittal Date: /0l%D// 7- Filing Fee: $250 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: 6 wi/ 2,< Y'/Qyt 120 4 1-:-. 7./) z-uE 4 14-1`6::: A" ce-iref 1 Lt & NE LA, p(IA N�- FF-oi-s• 4,.'1 1, Ts F/N 4-Q 1/Wild c7- t ›,if 4 otr/d Comric-reY1,\c 11-NoJ4Tf -.rf7ty 1-"11 ..) P 1-'0rEI- Y Property involved is described as follows: Lot(s) 3c-7 4 3`I S , Block , Subdivision C 11E1 Y \ 1 1�' , Plat Book , Page 114 , or otherwise described as follows: Property Address: -v-0,1 N Gt) (8- il-tie �G y-(n 41 Zfc ; Name and Address of Owner: G -/fm E eFA l VA C- PO 6cX 7,9z.!y /f'Iirwin kG - 33 6'( 7 89' 9 Name of Applicant: l�A-u /PD 4Le- rl/.rd--N Applicant's Phone Number: °I5 - 65S � 5 Date: 7/0 ,F- / _.r---44_,Cie.._..-- Signature of Applicant 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:lDevelopment/Building)Farms&Templateslln-HouselBuilding Board of Adjustment and Appeals Application(2/04,9/13) Building Board of Adjustment and Appeals Boynton Beach, FL October 23,2017 Renan Laurore P. O Box 278944 Miramar,FL 33027 To whom it may concern: I respectfully appeal,the decision of the Building Official to expire my permit while I was in the process of responding to plan review comments that his inspectors and plans examiners wrote up. In reference to this last expiration, the structural building inspector comments conflicted with their own permit scope and the plans examiner. As a result, it took more time but now I have since complied. The City inspector forced me to add exterior work to an interior permit that was essentially complete. All while knowing that this request would cost me(a taxpayer)more time and money. He was not familiar with the Job. He should have recommended separate permit. A separate permit for exterior work would have afforded me the opportunity to complete the interior permit before it expired. But he tied my hands together and forced me to get one architect for the original and new work that he said must adhere to the current code,but he never acknowledged the fact that a substantial amount of work had already passed inspections under the code in which the original permit was issued. It took me more time to secure services of an architect to take responsibility for the original permitted drawings as well as the new scope of work they forced me to add to the existing permit. The Building Department failed to grant me the extension(maybe)due to historical hardship (Family situations, work location and traveling, and performance of(sub) contractor due to job area) but now I am ready to move forward and complete the job because I have revised plans completed and new contractor committed to complete the job. Si ccrely, nan am ore 954-658-8955 4.'. 6972 Ir1A?tD fiIVR OR : +axioe+ ..RENAN iAJRQBE • . . . aw crx.7i.j ._ _ . .ER:•522i976. 148 or.: . • ..•• iryloafr' Q7 • -l� • j �, a ---; - . gg Wali '.:=tG. . .•.....1•7'... .'.• :' . - ... • . . +�lDIt lV .. ... .. . Q L: i; 11-15i\K YDJ FOR YOUR PRCMPT PAWENi j CTTiCEFRINT *** UJ3TC1F1 t FECtlPi ** C>per; FWEBIC Type: Edi Eraser: 1 Date: 1O/05/l7 Oi Receipt ng: 12041 . Year Niter bunt cOtb 7.765 504 f ! 12TH A1.E BOYrJTON EE O-Ir FL 33435 1P BJTI DN3 P Yf H'4t 0.00 Trans minter: r 2.7 504f\W12THAVE Tender detail rY D-a) lib Sii0.00 Total tenth-ed $ 0.00 Total payirent 00.00 Trans dare: 10/051/17 Ti ; 12:57:43 .1,4 VANGUARD GENERAL CONTRACTORS &ROOFING SPECIALISTS HAMMER PROPERTY Lic 8 Ins CCC 1328586 (AKA Vanguard Hammer Property Restorations,Inc.) CGC 1519511 • Construction•Permits& Codes Compliance Engineering& Design Financing &Consulting Available Commercial & Residential Juller M.Renludy I Operations Manager 14545 S Military,Ste J225 Office 561.667.3052 Defray Beach,Ff.33484 Mobile 561.577.2249 vanguardremodeling©gmail.com El Application General lnfarn�atiaa-aTV OF E OVNiON EU.��i File Edit Commands Help SIaualO'PUBLIC SECTOR l", &, NaviLine Application General Information Application number: 06 00007765 PCN: 08-43-45-21-14-000-3940 Address 504 NW 12TH AVE BB Direction: Zone: R2 DUPLEX(9 68) — — Application date: 12/18/2008 1 Application type: 1 INTERIOR RENOVATIONS Application status: PC I, IN PLAN CHECK Application desc: INTERIOR REMODEL,REPT ACE WINDOWS le OK Total estimated value: 15780 Edt Tenantnumberiname: Cancel Total square footage: 0 Public building flag: IMPrivate Land inquiry Master plan number: Square footage._ Application group: J • Valuation celcu... View 2 Work descnph_ _ i X File Edit Commands Help 311161111D'PUSLlC SECTOR ja �;1 Nwitine f.6 ,� Application 06-00007765 • property Information Application Information -� ®Bonds 1 ®Contractor escrow Address: 504 NN 12TH AVE n Application dent: INTERIOR REMODEL; REPLACE ®Fees BOYNTON BEACH, FL 33435 Application status: IN PLAN CI-ECK — Location ID: 11192 Status Date: 11/07/2017 ®Global balance due Owner name: LAURORE RENAN & IVA — Application type: INTERIOR RENOVATIONS 1®Inspection history PCN: 08-43-45-21-14-000-3940 Application date: 12/18/2006 ®Miscellaneous inform- Lot Number: 394 & 395Valuation: 15780 _ ® ..-Names jonina: R2 DUPLEX (9.68) Square footage: 0 — II I Permits 14 P III I 101 141 Il 1 101 IN Plan tracking -- -- ®Receipts Contractor Information Outstanding Inspections • ®Revisions �� 4 Contractor Name: VANGUARD HAFiR3t PROPERTY RE � Insp Schedule Confirmation I Illi Square footage calcul Contractor Number: 11476 Type ID Date Number i ®Structures Type: ST CERT GENERAL ®Valuation calculations Status: ACTIVE No outstanding inspections exist Contractor Requirements Doc Number BUSINESS TAX RECEIPT PBC 1 [1] ___ III I i I BI I I0 Work Description CO Information 11 1 Code Description Quantity CO Issue Str/seq Date Status Description 1 Il ' I 4I RI I I►- 1 ! .,Print Cancel Exit GY Refresh Land Inquiry Documents __ .__ 0 Application Miscella'ec.:s Informato-ingwn-CITY C=EO,.TONJ-EACH ="-- File Edit Commands Help fUN6Mp'POBLIC SECTOR -' tS�) J J 1 NaviLine Application Miscellaneous Information Inquiry Application number: 06 00007765 - - PCN: 08-43-45-21-14-000-3940 4 Address: 504 NW 12TH AVE BB [Display at] Frint Inspection n :>equence Code Miscellaneous Information PP IN CO Date Flag Type 1.':": BPCM CERT/REC NOC RECVD Y Y Y I 2.00 BPCM November 19, 2007 8:29:19 AM clinek ___JI -jl Y Y I--Ji 3.00 BPCM CHANGE OF CONTRACTOR FOR PLB $35.00 FEE 11 II Y Y f�I 4.00 BPCM January 21, 2009 4:27:53 PM weixlerg. II I Y Y 'I. II 5.00 BPCM RECVD EXT LETTER & PAYMENT. OK TO EXTEND Y Y J J 6.00 BPCM ONE TIME FOR 90 DAYS PER TKL. -II Y Y I- 7.00 BPCM (APRIL 21,2009) Y V JI 8.00 BPCM April 21, 2009 2:58:45 PM weixlerg. II r Y Y II I 9.00 BPCM RECEIVED LETTER & PAYMENT OK TO EXTEND I_ rY Y !I II 10.00 BPCM 30 DAYS (MAY 21, 2009) - II I r Y Y 11-1 -___1 _ 11.00 BPCM October 26, 2010 3:11:10 PM CLINER. JI IT Y Y ,I- J 12.00 BPCM C OF C FROM WISLER ELECT TO ABC ELECT II-^IrY Y 13.00 BPCM December 28, 2010 11:51:17 AM CLINEK. I Ir Y Y _________i -- 14.00 BPCM RECV'D 3RD PERMIT EXTENSION REQUEST II I Y Y ✓OK 15.00 BPCM December 29, 2010 11:13:55 AM cuetoe. II It Y Y I I 16.00 BPCM PERMIT EXTENDED UNTIL JAN 28, 2011, PER If Y Y JI J y Exit 17.00 BPCM TIM LARGE Jr- Y Y ';I J - I Cancel 18.00 BPCM June 30, 2011 3:02:17 PM byb2col. I__JI - ii_ii III 19.00 BPCM LTR RCVD REQUESTING 30 DAY EXT. IS __I II-II-IFI I View 2 20.00 BPCM CHANGE OF CONTRACTOR TO HAYWOOD CONST II I IFIF SII 21.00 BPCM RCVD. NEW NOC REQURIED BEFORE I I InFIEI I 22.00 BPCM INSPECTION IF-II IFIrII-11 23.00 BPCM **PERMIT EXTENDED TO 7/30/11 PER KAS ** I II ��J�JI 24.00 BPCM July 5, 2011 8:40:29 AM byb2col. II II- FIr 25.00 BPCM May 2, 2012 9:01:51 AM byb2eec. II Ir- V Y IF-11 26.00 BPCM DEADBEAT FILES TO BUD _ II _-__J! Y Y ElNi I 27.00 BPCM SENT TO CODE PER TKL 7/9/2012 t Y Y IJ 28.00 BPCM July 16, 2012 11:12:42 AM BYB2CLR1. if-- ijIII 11-11- 29.00 BPCM EXPIRED PERMIT LETTER MAILED 6/27/12 CLR _JI Ir-II JEI 30.00 BPCM July 17, 2012 12:11:34 PM BYB2CLR1. IF-11 jr-nnI- 31.00 BPCM RECV'D RETURN MAIL FOR EXPIRED PERMIT 32.00 BPCM LETTER, CORRECTED ADDRESS AND RESENT JI ii it II II II _I 33.00 BPCM LETTER CLR Ir1I I II IPII 34.00 BPCM October 23, 2012 12:25:56 PM byb2eac. II I riFIFI 35.00 BPCM PERMIT FOLDER, REVISION APPLICATION & 'I II [IflPI 36.00 BPCM REVISION CORRECTIONS GIVEN TO TIM LARGE; II FIFIFII 37.00 BPCM CANNOT PROCESS UNTIL CONSTR BOARD OFJ II___ E! FIL 38.00 BPCM ADJUST & APPEALS ORDER RECEIVED. I II PIfIPII 39.00 BPCM LTR RCVD REQUESTING EXT - PERMIT EXTENED Y IrIfIfII _ I 40.00 BPCM 90 DAYS PER TKL - 1/24/13 Y _Jr-fir-ir ► ©Application Miscellaneous Informato-inayIry-CRYOFBOYNTON3_:CH M '" "g File Edit Commands Help SIMQAMP PUBLIC SECTOR4111Nr!►I .J NaviLine _} - Application Miscellaneous Information Inquiry Application number: 06 00007765 PCN: 08-43-45-21-14-000-3940 Address: 504 NW 12TH AVE BB [Lisplay at) Print In_pection 0 .equenre _ode Ma ce1laneous Infornatinn PP IN CO Dote Flag Type 41.00 BPCM July 23, 2015 1:56:47 PM byb2tle2. 1 42.00 BPCM OK TO SCHEDULE INSPECTION PER PKGj---� 43.00 BPCM (7-23-15) �� I � , l I 44.00 BPCM June 21, 2017 8:36:34 AM byb2evk. 45.00 BPCM No further extension will be granted. �— I 46.00 BPCM The owner shall provide the final ruling : l 47.00 BPCM of the Building Board of Adjustment and I 48.00 BPCM appeals decision for time line of 49.00 BPCM compliance. See Misc. note history. 50.00 BPCM June 26, 2017 9:56:46 AM byb211n. �J = e 51.00 BPCM CHANGE OF CONTRACTOR FROM ALL FLORIDA I jr--....)-- 52.00 BPCM CONSTUCTION TO VANGUARD HAMMER 1- —I 53.00 BPCM October 23, 2017 11:23:26 AM byb2ddm. Y .1,______Jr_11 71::::::::::d - _ 1 54.00 BPCM Permit on hold! NO Tr- I OK 55.00 BPCM REINSTATEMENT/EXTENSIONS ALLOWED. YY Ji j l X Ezi[ 56.00j5PCMHPENDING HOARD OF ADJUSTMENT AND APPEALS. Y�� _ �_— Cancel View 2 Staff Comments CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION To r, enc 100 East Boynton Beach Boulevard•Boynton Beach,FL 33425•(561)742-6350•Fax 742-6357 504 NW 12th Ave The project at 504 NW 12th Ave, permit number 06-7765,expired June 21st 2017 per 105.4.1 of the Boynton Beach Amendments to the FBC 5th Edition,the permit has been extended four times per BBA 105.4.1.3 and once by the Construction Board on October 25th 2012 for 90 days.The applicant has allowed the permit to expire and is requesting an additional extension per 105.4.1.3 BBA. It is the Building official's opinion the applicant enters a stipulation agreement with the City Attorney of Boynton Beach to obtain approved final inspections in 90 days of this extension, if granted,or demolishes and removes the structure. Exhibit A : Timeline, Inspection history and Minutes with Board Order of the 10/11 /2012 Building Board of Adjustments & Appeals meeting . TIMELINE for Permit #06-7765 Application date: 18 Dec 2006 Permit issued: 21 Aug 2007 First inspection: 21 Nov 2007 15t extension until: 21 Apr 2009 Revision #1 applied: 27 April 2009 Revision #1 issued: 13 May 2009 2nd extension until: 21 May 2009 Change of contractor: 19 Nov 2007 Change of contractor: 25 Oct 2010 Last inspection: 25 Jan 2011 (failed) 3rd extension until: 28 Jan 2011 Change of contractor: 30 June 2011 Revision #2 applied: 30 June 2011 4`h extension until: 30 July 2011 Status check by insp: 22 Dec 2011 ,iv OA, Date. 10/4/2012 City of Boynton Beach Building Division TQC 0 (#06-7765) Inspection history App Yr App No Permit Type Inspection Type Code Description Inspection Results Description Inspection Results Date 6 7765 BP BUILD FINAL DISAPPROVED 11/12/2009 BUILD SEE COMMENTS DISAPPROVED 12/22/2011 FRAMING - INT DISAPPROVED 1/25/2011 SLAB FORM APPROVED 11/18/2009 EL ELEC FINAL DISAPPROVED 11/12/2009 CANCELLED 12/29/2010 APPROVED WITH EXCEPTION 12/30/2010 ELEC ROUGH DISAPPROVED 11/15/2010 ELEC SEE COMMENTS DISAPPROVED 12/22/2011 MC MECH FINAL DISAPPROVED 11/12/2009 MECH ROUGH APPROVED WITH EXCEPTION 5/13/2010 MECH SEE COMMENTS DISAPPROVED 12/22/2011 PL PLUMB FINAL DISAPPROVED 11/12/2009 PLUMB ROUGH/TOP-OUT DISAPPROVED 3/31/2009 CANCELLED 4/2/2009 DISAPPROVED 4/3/2009 DISAPPROVED 4/21/2009 APPROVED 5/18/2009 PLUMB ROUGH/UNDERGROUND APPROVED WITH EXCEPTION 11/21/2007 DISAPPROVED 11/29/2007 APPROVED 12/6/2007 PLUMB SEE COMMENTS DISAPPROVED 12/22/2011 SEWER APPROVED 1/8/2008 Page 1 ( • i I' j r . 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''..;'''':'''NF',..'-:,...,,,l• ,;.:75;•7-"-.''''-v•':,--,: •••,!,' ' . .. • • • „ . . • • .. . . . . MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING. HELD ON THURSDAY, OCTOBER 11, 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 Shana Bridgeman, Board Counsel Richard Shores ABSENT: Timothy Rurey A. Call to Order Chair Bessell called the meeting to order at approximately 6:30 p.m. B. Acknowledgement of Members and Visitors Chair Bessell acknowledged the applicants were present, as were the Board members, Building Official, and City Attorney as noted above. C. Approval of Agenda and Minutes (Minutes of August 2, 2012, meeting) Motion Mr. Guritzky moved to approve the minutes. Ms. Agee seconded the motion that unanimously passed. D. Appeals Chair Bessell explained there were only four members present. The first item on the agenda required three affirmative votes and the second item required four affirmative votes. When the applicants were asked whether they wanted to proceed, they both agreed to proceed. Chair Bessell explained the City would present its testimony first, followed by the Applicant's. 9'41 4' .1td,t4 . /)11,6 f.,r0.- e-e.'( 4 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Applicant: Todd Benson Reference: 1645 & 1665 Renaissance Commons Boulevard (Monteverde) Explanation: Applicant is appealing Section 105.4 and 105.4.13, 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. Andrew Mack, Interim Building Official, explained this project was ongoing for some time. They received extensions and the project was an active project with an active permit. Staff felt it was in the City's best economic interest to move forward with the project and allow its construction. Currently, the applicant had a builder to take over the project; however, it would not be completed within a year. Mr. Mack explained he could only grant an extension for 90 days. The applicant was requesting a one-year extension predicating the need for the Board meeting. To-date, the City had granted 10, 90-day extensions. Todd Benson, owner of Monteverde Land, thanked the Board and explained they took ownership slightly over two years ago. The condominium documents were originally drafted for one project and when the market changed, the prior developer did not complete it. When Mr. Benson took over, he spent a year and a half going through the process to bifurcate the land, making it a separate entity and obtaining the title policy. Because the project originally would be built as a second phase, there would be a pedestrian bridge that would connect the two properties. This no longer applied as the land was now a stand alone property. They had to pay Master Association Dues, CDD fees and it was expensive for them to carry the land. The three-month extensions were helpful, but they needed more time to get the lenders and banks on board. Mr. Benson distributed a handout which he reviewed. He also identified the site for the members. Discussion followed the applicant wanted a one-year extension and had already had 10, 90-day extensions totaling 900 days. Chair Bessell inquired what guarantee the City had they would complete the project. Mr. Benson responded they did not receive prior extensions. They became involved in the project two years ago after the bifurcation. It was not feasible for anyone to 2 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 construct anything on the property until it was separated, which was just done within the past few months. As to assurances about the project, the fees associated with the land totaled nearly $300,000 so there was a lot of pressure to build. When asked if the applicant would agree to the stipulation that if the extension was granted, the project had to be substantially underway as it was seven years in the making. Mike Covelli, Land Planner, explained there were a number of plan changes needed to accommodate the project. It was possible they may not be completely finished. The applicant would need at least six to eight months just to make plan changes. On the first floor in the courtyard, they would widen the pool which required they take units out of the ground level so they could provide the amenity center that was required to support the facility. Storage areas on upper floors would be reconfigured. The prior project had the amenities contained in a satellite recreation area. Part of the reason for the pedestrian bridge was to go allow one to go to the other side to reach the satellite recreation area. It was not just picking up plans, and commencing construction. They had to ensure they had a viable project after construction, They anticipated it would take the Building Department at least one month to review the plans, which after the six to eight months for the plan changes, would be almost a year. At that point, they would have accomplished a substantial amount of work towards the project. A year's extension would end in 2013, and the applicant would be working under the 2005 Building Code. Chair Bessell noted the Code changed twice since 2005. and the Building Department would review the'project against a Code that was eight years old, which was an additional burden. Mr. Covelli acknowledged the project would not be finished, but they would have advanced a substantial distance towards it. There were fairly substantial foundations already in the ground, constructed to accommodate multi-storied buildings, which was a critical part of the financial side of it. If those items had to be removed, it would be costly. Mr. Covelli believed they would have submitted a plan to the City within the first eight months of the extension and they would obtain an amended permit from the City. If the Board did not approve the request, they would continue to request 90-day extensions to get through the process. Motion Mr. Guritzky moved to extend this for one year and the stipulation they would submit site plans to the City for approval within eight months of the extension as a condition. The extension would expire October 26, 2013. Attorney Bridgeman explained the motion was to approve the application or disapprove it. The Board could not add stipulations. Accordingly, the stipulation was withdrawn. Ms. Agee seconded the motion. 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Mr. Mack explained in response to a question posed, that at the end of the one-year period, the applicant could either return to the Board for another extension or petition him for 90-day extensions. Vote The Recording Secretary called the roll. The motion passed unanimously. Applicant: Renan Laurore Reference: 504 NW 12th 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 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. Mr. Mack explained the applicant has been working on the project since 2006 and the project received four extensions. They had several site visits with the applicant, with the most recent being in 2012. They met to discuss how to further the project and at that time, the City was advised they would move forward with revisions and close the project out. There was, however, no movement after that except for one revision that did not go anywhere. In May, staff conducted a status check and since there was no movement, staff wanted finality. The matter went to Code Compliance in July and activity resumed since then. Mr. Mack explained the property has been a chronic nuisance. Photographs reflected individuals "hanging out" in the area and he would love the project to be completed and gone. Staff believed it was in the City's best interests to have the building demolished and removed from the site. Mr. Mack clarified the work was mainly to the interior, but some exterior work was needed. Discussion followed the project failed a number of electrical and plumbing inspections. There were several changes and work on the interior that was not per the plan. There were several contractors on the project which dragged on, and trying to rectify the issues and move forward was problematic. Reginald Cox, representing the applicant was present and explained he was the architect for the project and a certified Building Code Administrator. Chair Bessell reminded him four affirmative votes were needed for this project, which Mr. Cox acknowledged. He distributed a handout to the Board. 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 Mr. Cox explained this application was to eliminate a blighted condition. He commented there was some miscommunication when a revision was made in February. He agreed with Mr. Mack that work was done that was not per the plan, and when that occurs, resolution could occur in a number of ways. One way to do so with minor framing changes, not per plan, could be via an as-built at the end in order to keep the project moving. They had a tentative agreement to move forward in that manner, but after discussion with the Building Department, they decided not to pursue that route. The photographs indicated they were ready for an electrical, mechanical, and plumbing rough inspection, and a top out. These inspections were passed and drawings were submitted based on the changes made in the field. The drawings were in the Building Department and the applicant could Sheetrock the areas in the drawings and move forward. He noted it was difficult for a contractor, with vandalism and robbery throughout the project. The area was predominantly a residential area. The outside stucco needed to be painted. If granted the extension, the project was not far off from completion. When the Building Department reviewed the last drawings in February, the project was based on the 2004 Code, but some of the reviewers reviewed it under the 2007 Code, which caused delay. From a site walk conducted with the Building Department, those discrepancies were cleared and the Building Official and Assistant Building Official cleared them with the reviewers. At this point, the plans conformed with changes made in the field. The applicant was requesting the extension to finish the project and was unaware if the plans were approved. Mr. Mack clarified Mr. Cox submitted the changes with the application. The Department had not reviewed any revisions since July as the plans were out on comment and the application had expired, They were recently resubmitted; however, they were not resubmitted through the Building Department. The only way the applicant could submit revisions was to receive an extension from the Board. Mr. Cox came onboard with the project in approximately 2009. At the Board's request, Mr. Cox reviewed his credentials as a licensed Architect, a licensed Building Code Administrator, a licensed Plan Reviewer and a licensed Building Inspector. Chair Bessell inquired about granting a 90-day extension and noted he did not request a time limit. Mr. Cox explained it was his experience that a six-month extension would be more realistic; however, with the holiday season, one year would be adequate. Mr. Mack preferred a 90-day extension be given. If showing progress, he could extend it then. Motion Mr. Guritzky moved to extend this for 90 days. Mr. Shores seconded the motion. The Recording Secretary called the roll. 5 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL October 11, 2012 The motion passed 4-0. E. Old Business None. F. New Business None, G. Announcements None. There being no further business to discuss, Chair Bessell adjourned the meeting at 7:04 p.m. (1.11atkiikLL.0-4,U)4, Catherine Cherry Recording Secretary 101512 6 Page 1of1 Large, Tim From: Wooley,Jamie Sent: Thursday, October 25, 2012 11:20 AM To: Large,Tim Subject: RE: Extension for 06-7765 Attachments: image001.jpg called &left Mr. Cox a voice mail message at approximately 8:00 this morning. - Jamie Ann 4 From: Large,Tim Sent: Wednesday, October 24, 2012 4:51 PM To: Wooley,Jamie Subject: RE: Extension for 06-7765 Okay. Please contact Mr. Cox and let him know the revision will not be reviewed until the extension fee is paid. Timothy K. Large Deputy Building Official 'City of Boynton Beach Building Division 100 E.Boynton Beach Blvd. Boynton Beach, Fl. 33435 Dffice : 561-742-6352 =ax: 561-742-6357 arget@bbfl.us From: Wooley,Jamie Sent: Wednesday, October 24, 2012 10:16 AM To: Large,Tim Subject: Extension for 06-7765 -Ii Tim, spoke with the City Clerk and Lynn Swanson of the City Attorney's office. The meeting minutes, which I attached, contain the extension timeframe for permit 06-7765; it is located at the bottom of page 5 and the rote results on the top of page 6. Lynn said that the Board Order simply reflects the information she -eceives in the meeting minutes. Please advise me if Mr. Cox can bring in the$100 extension fee and proceed with the extension based upon the meeting minutes; I can call to notify him when he is able to proceed. Thank you, la yule Av' - WooLe1j DEVELOPMENT DEPARTMENT 2ITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH,FL 33435 56 1-742-6372 .voolevj(u.bbfl.us 10/31/2012 Exhibit BE Boynton Beach Amendments to Florida Building Code 2014 5th Edition Regarding permit extensions Y p� _ � CITY OF BOYNTON BEACH pa DEVELOPMENT DEPARTMENT I BUILDING DIVISION tiro H ew 100 East Boynton Beach Boulevard•Boynton Beach,FL 33425•(561)742-6350•Fax 742-6357 Boynton Beach Amendments to FBC 2014 5th Edition 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void or expires because of lack of progress or abandonment, a new permit, or revalidation of the original permit, covering the proposed construction shall be obtained before proceeding with the work. \Q CITY OF BOYNTON BEACH ;, P DEVELOPMENT DEPARTMENT I BUILDING DIVISION ~Tow ' 100 East Boynton Beach Boulevard •Boynton Beach,FL 33425•(561)742-6350•Fax 742-6357 105.4.1.2 If a new permit, or revalidation of the original permit, is not obtained within six months from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued upon application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance, and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. Exhibit C : Timeline, Inspection history and photos since the 10/11 /2012 Building Board of Adjustments & Appeals meeting . TIMELINE for Permit #06-7765 Application date: 12/18/2006 Permit issued: 08/21/2007 First inspection: 11/21/2007 1St extension until: 04/21/2009 Revision#1 applied: 04/27/2009 Revision#1 issued: 05/13/2009 2"d extension until: 05/21/2009 Change of contractor: 11/19/2007 Change of contractor: 10/25/2010 Last inspection: 01/25/2011 (failed) 3rd extension until: 01/28/2011 Change of contractor: 06/30/2011 Revision#2 applied: 06/30/2011 4th extension until: 07/30/2011 Status check by insp.: 12/22/2011 Status Check: 05/02/2012 Expired letter sent 06/27/2012 Sent to Code 07/09/2012 Expired letter resent 07/17/2012 (Corrected address) Applied for CBAA 10/03/2012 CBAP extended permit 10/25/2012 90 days to 01/24/2013 Revision#3 submitted 11/16/2016 Comments received 04/26/2017 Failed 2nd review 05/11/2017 Permit expired 06/21/2017 Change of contractor 06/26/2017 Applied for CBAA 10/25/2017 Removed Guardrails revision required. See old pictures and new pictures. 504 NW 12th Ave Permit #06-7765 Application date 12/18/2006 Issue date 08/21/2007 Inspection History Inspection Type Schedule Date Result Plumbing Underground 11/19/2007 AE Plumbing Underground 11/19/2007 DA Plumbing Underground 12/05/2007 AP Sewer 01/08/2008 AP Plumbing top out 03/31/2009 DA Plumbing top out 04/02/2009 CA Plumbing top out 04/03/2009 DA Plumbing top out 04/21/2009 DA Plumbing top out 05/18/2009 AP Mech Final 11/12/2009 DA Elect Final 11/12/2009 DA Plumbing Final 11/12/2009 DA Building Final 11/12/2009 DA Slab Form 11/18/2009 AP Mech Rough 05/13/2010 AE Elect Rough 11/15/2010 DA Elect Final 12/29/2010 CA Elect Final 12/30/2010 AE 504 NW 12th Ave Permit #06-7765 Application date 12/18/2006 Issue date 08/21/2007 Inspection History Inspection Type Schedule Date Result Framing-INT 01/25/20011 DA Status Check because no activity since 12/30/2010 AE Elect Final Plumbing See Comments (status check) 12/22/2011 DA Elect See Comments (status check) 12/22/2011 DA Mech See Comments (status check) 12/22/2011 DA Building See Comments (status check) 12/22/2011 DA No inspections in 2012 Sent to Construction Board Construction Board Extended 90 Days (01/24/2013) Elect Rough 01/23/2013 AP Mech Rough 05/23/2013 DA Mech Rough 07/23/2013 AE Mech Rough 07/24/2013 AP Plumbing Final 01/13/2014 DA Plumbing Final 01/13/2014 DA Plumbing Top Out 01/21/2014 AP Framing— INT 06/16/2014 DA Framing—INT 06/30/2014 DA Framing— INT 07/08/2014 DA Framing— INT 07/22/2014 AP 504 NW 12th Ave Permit #06-7765 Application date 12/18/2006 Issue date 08/21/2007 Inspection History Insulation 01/20/2015 AP Drywall Screw 07/20/2015 DA Drywall Screw 07/21/2015 DA Drywall Screw 07/24/2015 DA Inspection Type Schedule Date Result Drywall Screw 07/27/2015 CA Drywall Screw 08/11/2015 AP Roof Sheathing 02/02/2016 AP Framing— EXT 06/23/2016 AP Lath/Stucco 06/30/2016 AP Slab Form 11/10/2016 DA Paving Final 12/22/2016 AP Permit Expired 06/22/2017 __ ----- . . : . 1 '• • - ' • • -- . - '1 _ ' • i smillino , .- ..--,_-___- . ••• __ ..,!ellmiiiiiaa_ ---- - ,1 immi • 1 7............... ....al..:. -- — - — —--- - . ,._... • __________ , - 1 „/Atill 1 r:---- - --7-1---------------- . .-..;:,,t- , mik,4„„ ..41.-vmmi -... 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