Loading...
Minutes 12-20-93 NINUTES OF THE BOARD OF ADOUSTI4ENT HEETING HELD IN COHFIISSION CHAMBERS, CITY HALL~, BOYNTON BEACH, FLORIDA, ON NONDAY, DECEMBER 20, 1993 AT 7:00 PRESENT Vernon Thompson, Chairman Raychet Houston, Secretary Henrietta Solomon Nello Tineri James Miriana, Alternate Irving Sechter, Alternate ABSENT Thomas Cordie (Excused) Barkley Garnsey (Excused) Ben Uleck Nike Haag, Zoning & Site Devel. Administrator ACKNOWLEDGEHENT OF HEHBERS~ND ,VISITORS Chairman Thompson called the meeting to order at 7:00 p.m., and introduced the members of the Board, Mike Haag and the Recording Secretary. He also announced the presence of the applicant in the audience. AGENDA APPROVAL The agenda was accepted as presented. ~PPROVALOFNINUTES Nr. Tineri moved to accept the minutes of the November 15, 1993 meeting. Niriana seconded the motion which carried unanimously. NEW~ETITIONS Nr. H,o~lon Case ~188 - Property Owner - Request _ 815 Bm~boo Lane Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west setback to one (1) foot in connection with the proposed construction of a garage to be at- tached to the west side of the existing residential structure ..... ............................. TABLED motionMs. Solomon which moved carried to unanimously, remove Case #188 from the table. Mr. Tineri seconded the Nr. Haag advised that during discussions with the City Attorney, he learned that since this case was tabled the first time it appeared before the Board, it is now necessary to treat it as though this is the first time it is being heard. NINUTES - BOARD OF ADJUSTNENT NEETING BOYNTON BEACH, FLORIDA DECENBER 20, 1993 Secretary Houston read the request and the applicant's statement of special con- ditions, hardships or reasons justifying the requested variance. She also read correspondence from the applicant which explained the reason for his request. He stated the construction of this garage will eliminate an existing The five portable shed and add to the aesthetic quality of ~he neighborhood. residents within viewing distance of the applicant s property have agreed that property values would be enhanced by this construction and they sup- port Mr. DeFeo's request. Secretary Houston read a letter they each signed. They are: Roy Chin, Sun Wah Restaurant Robert J. Fay, 1 Virginia Garden Charles Nichols, 812 Bamboo Lane M. G. Hood, 810 Bamboo Lane Joseph DeFeo, 808 Bamboo Lane Secretary Houston read a letter addressed to the Board members from Mike Haag which advised that it was necessary to table this case last month because of the unresolved issue of the proper subdivision of the Chan's Enterprise, Inc. pro- perty which created the DeFeo property. He reported on the status of Mr. DeFeo's progress in conforming with City Codes. City Engineer Jim White and Acting Planning and Zoning Director Tambri Heyden determined that the subdivision of Chan's Enterprise, Inc. property may be accomplished by Mr. DeFeo filing for and seeking City Commission approval of a waiver of plat. To date, no formal request has been made by Mr. DeFeo and/or Chart's Enterprises, Inc. If the Board requires that the subdivision of property is properly in place prior to hearing Mr. DeFeo's Board of Adjustment case, then the case should remain on the table until the next Board meeting scheduled for January 19, 1994. The waiver of plat requires a recommendation for approval by the Planning and Development Board and final approval by the City Commission. If a formal appli- cation is made by December 22, 1993, the waiver of plat will be reviewed by the Planning and Development Board on January 11, 1994 and forwarded to the City Commission on January 18, 1994. This case may then proceed for variance review by the Board of Adjustment at its January 19, 1994 meeting. At this point, Chairman Thompson asked that the record reflect that Messrs. Cordie and Garnsey have excused absences for this meeting. ~~ 815 BamboQ~ was present and stated that If tt~ras at all POssible, h~ W~-U~d 1~e to ~ee thls case move forward Immedlateiy, but he reallzed that he~ould most 11ke~y have to ~ratt until the nextmaetlng, Hr, DeFeo stated that he has not as yet made application for the walver of plat because his case w111 be heard at the January 11, 1994 Planning and Developmant Board meeting and the January 18, 1994 City Commission meeting, He dtd not have makeSUfflclentappllcattontlme tobyapplYDecemberand 22,have1993.the case heard thts month, Hr, DeFeo w111 -2- NINUTES - BOARD OF ADJUSTNENTHEETING BOYNTON BEACH, FLORIDA DECENBER 20, 1993 Ms. Solomon inquired if Mr. DeFeo was requesting this hearing be postponed until next month. Mr. DeFeo responded affirmatively, unless the Board was able to vote subject to approval from the Planning and Development Board and the City Commission. Mr. DeFeo further explained that Mr. Chan is not interested in offering him a chance to purchase additional property as had been recommended at the last meeting. Ms. Solomon did not feel the Board could act on this case at this point and suggested this case be tabled until the January meeting. She feels the BuildingDepartment should have more accurately advised the applicant in this case. Chairman Thompson does not feel the Board should be making so many exceptions. He feels that perhaps this case should not have appeared on the agenda this month. He also feels that there is sufficient room on this property to build a garage. This is a self-imposed hardship and this garage does not have to be attached to the house. Mr. Miriana agreed with Ms. Solomon and felt the Board was not in a position to vote on this case at this time. He suggested following the recommendation pre- sented to the Board. Chairman Thompson agreed that the Board should not act on this case at this time. Mr. Tineri felt the Building Department should have assisted the applicant. He has been before the Board of Adjustment twice and will now have to appear before the Planning and Development Board and the City Commission before reappearing before the Board of Adjustment a third time. Guidelines should be set down now to show the applicants what is required before he reappears before the Board of Adjustment. Chairman Thompson pointed out that the guidelines are already in place in the Building Department. When the Board of Adjustment receives an application, all paperwork should be in order. Ms. Houston reiterated that the applicant is aware of what is necessary at th~s point as indicated in Mr. Haag's memorandum. He now has the burden of applying. Notion Ms. Solomon moved that this Case #188 be tabled at this time until such time as we get all the proper papers necessary for us to make a judgment on this case. Mr. Miriana seconded the motion which carried unanimously. OTHER BUSINESS Chairman Thompson announced that Mr. Miriana distributed certificates to the members which were received at the Board dinner. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 7:35 p.m. Prainito Recording Secretary (One Tape) -3-