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Minutes 08-16-93HINUTES OF THE BOARD OF AD~USTHENT HEETING HELD IN COMMISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON HONDAY, AUGUST 16, 1993 AT 7:00 PRESENT Ben Uleck, Vice Chairman Thomas Cordie Barkley Garnsey Henrietta Solomon James Miriana, Alternate Mike Haag, Zoning & Site Devel. Administrator ABSENT Vernon Thompson, Chairman (excused) Raychel Houston, Secretary (excused) Nello Tineri (excused) Irving Sechter, Alternate ~CKNOWLEDGENENT OF NENBERS AND VISITORS Vice Chairman Uleck called the meeting to order at 7:10 p.m. He announced that two cases appear on the agenda. Case #182 is a new case, and Case #179 is a request for rehearing. The Recording Secretary called the roll. APPROVAL OF HINUTE~ I, lay_~7, 1993 The Board inadvertently omitted this item. COMMUNICATIONS None ~EPORTOF PLANNING AND ZONING DEPARTNENT None CONTINUED PETITIONS None NEW PETITIONS: Case #182 Owner: Request: Location: Charles D. Hlllman Applicant is requesting approval to reduce the required 25' 0" rear setback to 19' 0" for addition to single- family residence. 503 NW 8th Court MINUTES - BOARD OF ADJUSTHENT #EETING BOYNTON BEACH, FLORIDA AUGUST 16, 1993 Mr. Miriana read the Statement of Special Conditions and Hardships. The responses to these questions are the reasons justifying the request for variance. Mr. Miriana advised that the property is presently zoned R-1-A and the applicant wishes to reduce the required 25' rear setback to 19'. A building permit was denied by the Building Department. Charles Hlllnmn explained that there was an existing pool on the property when he pur~h~sed'i~. He now wishes to expand the residence, and because of the pool, this can only be accomplished by expanding to the northwest. In response to a question from Vice Chairman Uleck, Mr. Hillman said there is a vacant lot adjacent to his property and a substation is located next to the vacant lot. Mr. Miriana inquired as to the use of the new expanded area. Mr. Hillman advised that the new area will be a family room and laundry room. In response to a question posed by Ms. Solomon, Mr. Hillman said his house is the last one on the west side of a dead-end street. All of the neighbors within four to five houses of his have rear expansions, but because of the way his pool was set on the lot, he has no alternative but to expand to the northwest. Mr.removed.Hillman confirmed for Mr. Garnsey that the wood storage 'sheds will be THREE ANNOUNCEMENTS WERE MADE FOR ANY ONE WISHING TO SPEAK FOR OR AGAINST THIS VARIANCE. In Mr. Miriana's opinion, this expansion would not be an obstruction to any other property. Hotlon Mr. Cordie moved to approve the variance. Mr. Garnsey seconded the motion. The Recording Secretary polled the vote. The vote was 5-0 to grant the variance for the 19' setback. PENDING ~EOUEST FOR REHEARING: Case#Z79 Owner: Requested Variance: Lettle and Thomas Diddle The subject property is located on the southeast corner of North Road and Northeast Dr~ve. The applicant is requesting approval to construct a pool to within six point seven (6.7) feet of the property line along Northeast Drive. The request also includes installing a screen roof screen enclosure to within three point seven (3.7) feet of Northeast Drive. The Code specifies that, "on corner lots, property bordering both streets shall be considered as front yard". The Code also specifies that no pool and/or screen enclosure shall be built in front of the front building line. m NINUTES - BOARD OF ADJUSTNENT NEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1993 Location: 802 North Road Vice Chairman Uleck reminded the Board that this case was brought before the Board in May, and it was denied. Generally, when a case is denied, there is a one-year waiting period before it reappears before the Board. Vice Chairman Uleck asked for input from the members. Mr. Miriana requested a legal opinion from Attorney Cherof. Attorney Cherof advised that he read the letter from Gregory S. Kino and was able to get in touch with him to inform him that the Board has no procedure available for con- ducting rehearings when all of the facts were not brought up during the first hearing. This attorney was retained by the Diddles after the first hearing. The burden is on the applicant to appear before the Board with all of the facts necessary for the members to render an opinion. Attorney Cherof feets the Board thought the facts were not substantial enough to warrant the relief the Diddles requested. Attorney Cherof considered the Board's order to be final and not subject to review. , The City Commission has adopted a procedure whereby the Board would be permitted to reconsider a matter, but that would only be possible on the night of the meeting when the Board is considering the matter. Attorney Cherof clarified this to mean that, if the first item on the agenda was denied and then later in the meeting someone arrived, explaining that the late arrival could not be helped, the Board would have the power to reconsider the item. However, that power is lost as soon as the meeting is over. The City is also considering an Ordinance which deals with this setback question and some relief may be available to the property owner. Attorney Cherof is of the opinion that the Board should not reconsider this matter. Ms. Solomon explained that when she voted against this item, she relied on information provided by the Planning Department that the Codes were very specific regarding not allowing a pool on a front street. The information being provided now is saying this is not a front street; it is an alleyway without traffic. She feels this deserves reconsideration if the street is not a front street. Vice Chairman Uleck referred to the drawing and stated this is not an alley, but a side street leading to a main street. Mr. Haag advised that his research findindicated out if this it was is aastreetStreet'orbUtan alley. Mr. Cutro requested further research be done to Mr. Miriana feels the Board is being misled. He said this street in question is a 20' right-of-way and the front street is also a 20' right-of-way. How does someone distinguish between an alley or a street? Both roads are being used as public rights-of-way. After the Board made its decision for denial, Mr. Miriana wastraffic, in this neighborhood and noted that North Road was being used by vehicular Mr. Haag said Mr. Cutro was attempting to get the necessary information to answer Mr. Miriana's question, but was not present this evening. Mr. Haag further stated that when he did his research for the staff report, he referred back to the plat and this street was identified as a public street. Vice -3- MINUTES - BOARD OF ADJUSTHENT MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1993 Chairman Uleck said that according to the City's plans these are called roads, not alleys. , Mr. Miriana requested direction from Attorney Cherof with regard to Board mem- bers visiting a property prior to the case being heard before the Board. Attorney Cherof advised that this Board is a quasi-judicial board which makes a decision based on testimony presented by the applicant. When a member investi- gates independently, that member is relieving the applicant of his/her respon- sibility to present the case. Further, the member is getting involved in a situation where he/she may encounter something while investigating which may expose that member to liability. Attorney Cherof advised that it is not a good practice to do any type of investigation. There are properties which the members may drive bY and view, but to specifically go to the site, get out of the vehicle and investigate is a dangerous activity. In opinion, the property o~ners did not bring forward enough Attorney Cherof's BOard to grant the r~lief they were seeking. The request information for the was properly denied. Mr. Garnsey pointed out that there should be a mechanism for review or appeal if bad information is presented by the City and an applicant is denied a request because of that bad information. Attorney Cherof said there may be some sort of administrative relief available if the City is clearly wrong in its presentation. Hotton Vice Chairman Uleck moved to deny the rehearing for Case #179. seconded the motion. The Recording Secretary polled the vote. for denial of this request. Mr. Cordie The vote was 5-0 Attorneyfor rehearingCher°fwasWilldenied.send a letter to the attorney advising him that the request OTHER pUSINESS None ~D~OURNHENT There being no further business to come before the Board, the meeting properly adjourned at 7:35 p.m. Prainito Recording Secretary (One Tape)