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Minutes 04-18-94 MINUTES OF THE BOARD OF AD,,1USTMENT MEETING HELD IN COHHISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, APRIL 18, 1994 AT 7:00 PRESENT Vernon Thompson, Chairman Mike Haag Zoning & Site Devel Ben Uleck, Vice Chairman , . Barkl ey Garnsey Admi ni strator James Miriana Leonard Rubin, Assistant City Justin Steinhart Attorney Nello Tineri ~ABSENT Raychel Houston, Secretary (Excused) Irving Sechter, Alternate ~CKNOWLEDGENENT OF MEMBER~ AND VISITORS Chairman Thompson called the meeting to order at 7:03 p.m. He introduced the members of the Board, Attorney Rubin, the Recording Secretary and Mike Haag of hadthe an Planning excused and absence Zoning this Department. evening. Chairman Thompson advised that Ms. Houston Chairman Thompson confirmed that a representative was present for the applicant. ~GENDA APPROVAL The agenda was accepted as presented. ~PPROVAL OF~INUTES Vice Chairman Uleck moved to approve the minutes of the last meeting. Mr. Tineri seconded the motion, which carried unanimously. ~LECTION O__FOFFICERS Motion Mr. Miriana moved to hold the election at the next meeting when all the members should be Present. , Chairman Thompson clarified that the election will be held at the next meeting regardless of whether or not all members are present. Mr. Tineri seconded the motion, which carried unanimously. NEW PETITIONS At this point in the meeting, Chairman Thompson explained that this Board makes its determination based on'whether or not a self-imposed hardship exists or a hardship is created by any form of government. There are six (6) criteria used to evaluate the applicant's request. Once a decision is made by the Board, the only recourse available to the applicant is through the courts. - 1 HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1994 Attorney Rubin explained that from this point forward, all witnesses will be sworn. Also, any time the Board denies a petition, the reasons for denial must be stated in a written order. The reason for these new procedures is that as a quasi-judicial Board, competent, substantial evidence must be provided to sup- port the Board's decision. Attorney Rubin further advised that the City is preparing an Ordinance in this regard. He will review that Ordinance in detail when it is complete. Until then, he recommended following this new method of operation which will become the standard operating procedure for the Board upon passage of the Ordinance. At Mr. Steinhart's request, Mr. Miriana reviewed the six criteria used by the Board in evaluating a request. ~ase ~,193 - 205 SE 215t Avenue Property Owner: James D. Ford Request: A variance to construct a duplex without required setbacks and an undersize lot. Mr. Miriana read the application. Mr. Ford requested the Board consider the following exceptions to the building and site regulations of Appendix A-Zoning Section 5 F.2. for the structure located in the R-2 zoning district: I.Reduction in lot size from 9,000 square feet (required) to 8,862 square feet (4,500 per dwelling unit); and 2. reduction in the following required setbacks: rear setback 25.0 feet to 20.12 feet, west side (corner) 12.5 feet to 11.5 feet, and front setback from 25.0 feet to 24.85 feet. This request also includes changing the previously-approved use of the second floor of the garage (personal storage only) to a dwelling unit. The requested changes are in conjunction with modifying an existing single-family residence with detached two-story garage to create a duplex. Mr. Miriana read Mr. Ford's responses to the six criteria regarding special con- ditions, hardships or reasons justifying the requested exception or variance. CHAIRMAIN THOMPSON REQUESTED THAT SPEAKERS IDENTIFY THEMSELVES. ONLY ONE PERSON WILL BE SPEAKING ON THIS APPLICATION. The Recording Secretary administered the oath to Mr. Ford who was the only per- son who would be testifying during this meeting. Jlm Fo.~rd 3927 89th Road.~o__~ Boynton~ circulated photos of the property ~ vi6~in~"~t--~-~-BoYFd ~s~~ He felt E~e application for the variance was somewhat misleading. Some of the residents he spoke with were under the impres- sion he was planning to build. The only thing he wishes to do is utilize the building to the best use allowable under the Code. The building contains 1,620 square feet of space which was only to be used for personal storage. However, an illegal apartment existed in the building for many years. -2- MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1994 Mr. Ford researched this property before he made his purchase and was aware of the 1976 variance which denied use for anything but storage. However, he believed he would be able to use the building. He then learned that the build- ing cannot be used at a]l because final inspections were never made. Mr. Ford advised that Mr. Haag has been. of assistance throughout this procedure. When Mr. Haag told him the support of the neighbors might help, Mr. Ford wrote a petition which was signed by approximately thirty (30) of his neighbors. He also submitted letters of support from Mr. Ed Allen, Jr. of 2202 SE 1st Street, and Dennis Cavagnaro of SE 1st Circle. Mr. Ford reminded the members that the rear and front setbacks were addressed in 1976. The west side setback was not addressed at that time. Mr. Ford wishes to submit the proper plans to the Building Department to rectify some of the problems which exist. Mr. Ford's architect detected a problem with a service line from the pole to the rear of the building. In response to a question from Mr. Miriana, Mr. Ford explained that he has had a new roof put on the building and restuccoed the facade. The Building Official has visited the site. When the electrical service problem surfaced and was addressed to the City, it became obvious that a variance was needed in order for any work to be done on the building. In an effort to clarify this situation, Mr. Haag explained that when the owner requested adding the second floor to the building in 1976, the building was determined to be nonconforming to setbacks. The owner was required to go before the Board of Adjustment for a variance for the reduction in setbacks. A con- dition was put on by the Board that the second floor of the garage could only be used for personal storage. The construction proceeded, but final inspections were never made. The owner occupied the area for an apartment. When Mr. Ford purchased the property, he attempted to get the proper permits to finish the second floor and the apartment. The Building Department stopped him because of the requirements from 1976. Mr. Ford would like to make this structure into a duplex. Mr. Miriana questioned how two individual buildings can be made into a duplex. Mr. Haag explained that Mr. Ford plans to make a connection between the two buildings. Mr. Ford indicated that he will do whatever the Building Department requires to make the structure a single structure. Lengthy discussion ensued regarding whether or not a breezeway could be used to make two separate buildings into one. Chairman Thompson advised the problem with this project is not the breezeway, but the fact that the building does not meet City Code. In Mr. Steinhart's opinion, this is a self-imposed hardship; however, the struc- ture exists and Mr. Steinhart does not feel a huge change is being proposed. Mr. Garnsey reminded the members that their responsibility is to determine whether or not to grant the variance to reduce the lot size requirement for a two-family dwelling and reduce the setbacks. The Building Department will determine whether or not the building can be a duplex. -3- HINUTE$ - BOARD OF AD,]USTHENT HEETING BOYNTON BEACH, FLORIDA APRIL 18, 1994 Vice Chairman Uleck feels the Code requires 4,500 square feet per dwelling and the Board should not deviate from that Code. Mr. Ford questioned Mr. Haag with regard to whether or not his variance request was unheard with regard to lot size. Mr. Haag advised that the Board has granted variances for reductions in sizes of dwelling units in the past. Chairman Thompson said this Board exists to make adjustments, and each case is judged individually. The Board considers self-imposed hardships and other cri- teria. Mr. Garnsey suggested the applicant's request be addressed separately when the motion is made because if the Board does not grant the reduction in setback, the building cannot be used at all. Mr. Garnsey pointed out that although the set- backs were addressed in 1976, the one side was left out, Mr. Haag directed the members to the 1976 survey which did not show that a setback was required at that time. Since then, something has happened and the setback has changed. The current survey indicates a setback reduction is required. Mr. Garnsey feels the applicant's request should be approved. This is an unusu- al piece of property and the circumstances are unique. The structure is already in place. The 138' is a small reduction and the setbacks require only fractions of a foot. The applicant has already made improvements to the property and has the support of his neighbors. Mr. Steinhart agreed with Mr. Garnsey's comments even though he feels the appli- cant might have brought this hardship on himself to a certain degree. This is not a huge reduction in size to fit the requirements, He feels the request should be granted so that Mr. Ford can make use of the building. Mr. Garnsey further pointed out that this came to light because the applicant was trying to make improvements to the property. Without the variance, he will not be able to secure the permits necessary to make the improvements to the structure and aesthetics of the property. Chairman Thompson wondered how the City could have allowed this structure to sit for eighteen years without being completed. Mr. Miriana understood the applicant's position, but expressed concern over the terminology of duplex. He suggested this situation be addressed. Mr. Garnsey again reminded Mr. Miriana that it is not the Board's responsibility to address the duplex issue. Vice Chairman Uleck feels the Board should follow the Code. The dwelling should be 4,500 square feet. He wondered why this was rejected in the past, and feels no hardship has been experienced. Chairman Thompson read two letters of support for this request which were sub- mitted by Mr. Ed Allen, Jr. and Dennis Cavagnaro. (These letters are on file in the City Clerk's Office.) He reminded the members that the letters of support should not be the determining factor in the Board's decision. -4- MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA APRIL 18, 1994 Morton Mr. Garnsey moved to have two separate motions. THE MOTION DIED FOR LACK OF A SECOND. Mr. Haag explained that if the variance is denied for the duplex, the applicant would need the setback variance or the structure will be nonconforming. He further advised that the applicant paid for two variance requests. Motion Mr. Garnsey moved to consider these separately. Mr. Tineri seconded the motion, which carried unanimously. Motion Mr. Steinhart moved to grant the variance to allow the reduction in the lot size from 9,000 square feet to 8,862 square feet. Mr. Miriana seconded the motion. The Recording Secretary polled the vote. The vote carried unanimously to grant the variance. Motion Mr. Miriana moved to allow the variance for the reduction in the following set- backs: rear setback 25.0 feet to 20.12 feet, west side {corner) 12.5 feet to 11.5 feet, and front setback from 25.D feet to 24.85 feet. Mr. Steinhart seconded the motion. The Recording Secretary polled the vote. The vote carried 5-1 to grant the variance. {Chairman Thompson cast the dissenting vote.) OTHER Mr. Tineri asked if the members could possibly get their information packets a little earlier than they are currently receiving them. Discussion ensued regarding whether or not the members are permitted to visit the properties prior to the meeting. Attorney Rubin stated the members can visit the property, but may not speak to the owners, or receive any evidence or communications prior to the meeting. The Supreme Court feels ex parte communi- cations raise a presumption of prejudice, and therein lies the danger. Chairman Thompson said he drives past the property involved to try to view it from all angles, but he does not stop. ADJOURNMENT There being no further business to come before the Board, Mr. Miriana moved to adjourn the meeting at 8:30 p.m. Mr. Tineri seconded the motion which carried unanimously. , ai ni to Recording Secretary (Two Tapes) -5-