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Minutes 05-17-93MINUTES OF THE BOARD OF ADOUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, HAY 17, 1993 AT 7:00 PRESENT Thomas Cordie Raychel Houston Henrietta Solomon Vernon Thompson Nello Tineri Ben Uleck James Miriana, Alternate Irving Sechter, Alternate ABSENT Barkley Garnsey (excused) Mike Haag, Zoning & Site Devel. Administrator ACKNOWLEDGEMENT OF MEMBERS AND ,yISITORS Mr. Thompson called the meeting to order at 7:00 p.m. members, Mr. Haag and the Recording Secretary. APPROVAL OF MINUTES He introduced the Board Ms. Solomon moved to accept the minutes without corrections. Mr. Cordie seconded the motion which carried unanimously. (Due to his absence from the last meeting, Mr. Thompson did not vote.) Mr. Thompson announced that Mr. Garnsey would not be present for the meeting. He reminded the members about the absentee policy. ELECTION OF OFFICERS Mort on Ms. Solomon moved to nominate Vernon Thompson as Board Chairman. Mr. Miriana seconded the nomination. Mr. Thompson agreed to accept the position. Motion Mr. Tineri moved to nominate James Miriana as Board Vice Chairman. Ms. Solomon pointed out that Mr. Miriana is a Board Alternate and for that reason, it was decided that a Regular member should fill the position. Moti on Ms. Solomon moved 'to nominate Ben Uleck as Board Vice Chairman. seconded the nomination. The motion carried. Motion Mr. Cordie Mr. Tineri moved to nominate Raychel Houston as Board Secretary. Ms. Solomon seconded the nomination. Ms. Houston agreed to accept the position. - 1 - NINUTES - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA NAY 17, 1993 CONTINUED PETITIONS None PETITIONS: CASE #179 Owner/Agent: Lettle and Th~nas Tallent Requested Variance: The subject property is located on the southeast corner of North Road and Northeast Drive. 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 Code specifies that "on corner lots, property border- ing 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. Location: 802 North Road Secretary Houston read the application and Building Department Memorandum #93-101 from A1Newbold to Chris Cutro. Lettle Tallent, of 802 North Road, addressed the Board. She disagrees with the ~ determination that her property is not imposed upon. She visited each neighbor within 400 feet of her property and presented lists of signed petitions supporting the variance. {A copy of these petitions is on file in the City Clerk's Office.) Ms. Tallent feels the pool will enhance the neighborhood and the property. Although her property taxes will be increased, she is willing to accept that additional expense for the convenience. Ms. Tallent explained that when the builder constructed the homes, he incor- porated streets between every third house. Her home sits on the corner of one of those streets. If the streets had been constructed in a normal manner, she would not be in her present position. Northeast Drive is rarely used by anyone except a few of the neighbors. Ms. Tallent urged consideration in granting the variance. Residents of the neighborhood were present to express their support. In response to Ms. Houston's question, Ms. Tallent stated she has owned the property since December of 1975. Ms. Solomon explained that the problem involves the fact that Ms. Tallent's property is considered to have two front yards and the City Codes do not permit pools in front yards. In Ms. Tallent's opinion, she does not have two front yards; she has a front yard and a side yard. -2- HINUTE$ - BOARD OF ADJUSTNENT HEETING BOYNTON BEACH, FLORIDA I~IAY 17, 1993 ~ Rodden lives next door to the petitioner. He claims North Road is the ~ain r~d the street incorporated by the builder now makes Ms. Tallent live on a corner. He said the general public never uses Northeast Drive. He sup- ports the variance because the installation of a pool will benefit everyone in the community. He considers Northeast Drive a lane which runs between two houses. He urged support of the petition. urtls Cr~well is also a neighbor who lives behind the Tallents and supports ri'queSt for a variance. He claims the .Tallents maintain their property better than most people in the community and their property is protected by an iron fence. He feels the Tallents have a front yard and a side yard and this pool would not detract from the community. AFTER THREE ANNOUNCEMENTS, CHAIRMAN THOMPSON CLOSED THE PUBLIC HEARING IN SUPPORT O'F THE VARIANCE. AFTER THREE ANNOUNCEMENTS, AND NO SPEAKERS IN OPPOSITION OF THE VARIANCE, THE PUBLIC HEARING WAS CLOSED. Secretary Houston read a letter which was received in the City Clerk's Office regarding this petition. The letter was dated May 11, 1993, from The Neighborhood, and expressed opposition to an enclosure in this location. They would not oppose the variance if a hedge buffer was made part of the approval. (A copy of the letter is attached to the original minutes of this meeting on file in the City Clerk's OffiCe.) Mr. Tineri questioned the fact that this letter was signed, "The Neighborhood,,. He feels the letter should have had a name on it in order for it to be con- sidered. Mr. Rodden charged that the letter is a false and arbitrary statement by indi-viduals and should have no bearing on the case. It was confirmed for Vice Chairman Uleck that Northeast Drive is a City street. In Vice Chairman Uleck's opinion, since it is a City street the Code must be adhered to. ' Mr. Miriana feels the supporters attempted to pass Northeast Drive off as a lane; however, it is twenty (20) feet wide. North Road is twenty-one (21) feet wide. If one is a street, then both are streets. Ms. Solomon pointed out that Ms. Tallent had to be aware, at the time of purchase, of the restrictions involved with a corner lot. Ms. Tallent stated she was unaware there were laws which would deny her an opportunity to add to her home. Chris Cutro said the swimming pool items were put in Supplement 35 or 44. Both of those Supplements are 1988 Ordinances and this property was purchased in 1975. What might have been a right in 1975, may have been taken away from the applicant by the 1988 Ordinances. In response to Ms. Sotomon's question, Mr. Cutro stated he is unaware of any other property in the City with a pool on a front lot. However, he feels these circumstances are somewhat different because there are a number of undersized streets. He is not certain these streets qualify as full right-of-ways. A double-fronted lot requires frontage on two roads. He is not certain a twenty (20) foot alley qualifies as a road. -3- NZNUTES ... BOARD OF' ADu~USTNEN NEETZNG BOYNTON BEACH, F'LOR~'OA T Chairman Thom- NAY ~?. Were twe-+...~Son POinted o,,~ ..... 1593 Stree~ "~-r~ve C25) foot ;;*~: eyen ~hen th · ~'- ~utro e · ~:~ks wh' e home was twenty {20) t- ~._~Xpla~ned tha~ ._~ch. ~ans the ~onstructed ' ~ ~w=nty-five (25) ;~.~uDaivision ~tre~ is. Consid; ?ere WOuld not have taken those roads and Under normal circumstance , - -~ W~ae. nm:- _~s ~oad~ Which red ~ U_~. nurmal Circ-- - are Only fronted lot WOuld not exist on a Private road.s a double_ ums:ances, the City ~embers Pointed out that these are not Private roads· ~r. Niriana feels Since both Streets in question are a/most exactly the Same in Width, it i possible to consider one a Street and n ~g]neer would h~v? to be questioned in°~ s ~ ~'~e;~[~-a~d the feels the ci ty Attorney would - :men:s apply in this situation. hr. Cordie moved to grant the Variance. THE NOT/ON DZEO FOR LACK OF A SECOND · Mr. Niriana moved to deny the request Road; that request denies as stated in the document for 802 North Seconded the motion. The the variance for a Swimming pool. Vi Mr. Cordie Recording Secretary POlled t~e VOte. ce Chairman Uleck Secretary Houston - Ns. Solomon Chairman Thompson Hr. Tineri Vice Chairman Uleck Nr-Hiriana The motion to DENy carried 6-1. Owner/Agent: Requested Variance: W,-E, Puls - Aye _ Aye _ Aye Aye ~Secretary Houston cast the dissenting VOte.-) The applicant is requesting approv required north ~s~,d,~e~setback fri)~ ~ ~t.o. reduce the and reduce the 7' 6". -,,.,u~.n Side ~,~,,..~.u u" to 7' ~,, s_ ,,,.,,.,~ from 10' 0" ~o' Location: 2351 South Seacrest BOUlevard Secretary Houston read the application Hardships or Reason ~?ector, Land ~ew~_?r ~he Request. ~? the Statement ~.~ ~ memorandum #~ ,..:~upment Divi~^~ _ ?e a/so re _~ ~Pecia/ C - - _ ~,u to Chris C.~.~""~Y, and BUilm~.~'.°- ~gers, -~.u. -,.~ uepartment ANANNOUNCEHENT WAS HADE FOR SPEAKERS ~N FAVOR OF THE VARIANCE. -4- h~s ~equlred t Planned .~ .~_ he bui?~..- ue, re~rA_ 993 a -,uuu ,u~ng t ~ P ted a · Square o be 4 ed the Var~=__nd ?n ord.. ~' This . .... ,600 so ~.~ ~OWners. Hr. p Place f d ?n t et rath as expl . Uls fntrodu;~_,o~ the pr~:~ ~Uildin. ~L~ than the ~ed that 8~uert Co e arc~.- .Y, the,, ...... g laroer .~ ally. beca..2 ~ ~ ~he r.~.~_UlXle ~f.~.._ · _ . o~uart ~.2~.re~ the ~yn t need. ~'~ Shape a~ :~ tour do~t, ~OOd nefn~_uuWever. ,~__o]ze. ~ 2~. T ~ -~q) Said e -uuuor. . ~-use .... ~ nas · h~ p~ece ~ rty. Thm .~,. There f. : Spaces ~._ ]~Posed - of Pro~_~PrOpertv ~ ,_ bui?;;-~u]ng ~s ,,,~.:'uscapin, ~ u~en met -:,nent in .~y ere t .= ~OCtors ~j~,ng fs -,chin t : ~n the · _ off Se _ t~e cen ~??ng t _ ar=as. ~_ the waft~._ he h~ ah, --s?d~. Th=,a?es~ BO,,,--ter Or th~ _0 be ~ With .~ -.= style Z~'Y~ roo~ L tuequfre~_J''~ ~ands---Y'evard. .;": pro- ..- ~ne re-- ur the ~ ~ch fs ' ",:n~s. ~Z _~:P~ng w~, .~nere i.~ = the re .... '"~fnder ~ : OUfl .... ~ocate~ ~ ,ne h~ah:.~ ", be .-~ - .n wuest, ur the n:~. ~'~ ~s Sn~.~ ~ rurth e;;~oc Pot - ~"nance -~" )orh..."~"'sh Me~_est from ,~ t~on uf ~h: d- THERE WAS NO ONE ELSE PRES -~u. u~ "'cerra.-- ~.:h3~rm:~ .... ": Urged cA.~'~'?n whic 7~'~ential ~'-oPertv "~"eased ,.;~~ was co.~_j~" of th~ ,.- ~; Cutro advf~e' .. -' '-~-rfc a.~ _"b:rned ~...7 varlanc: ~_ ,,u felt ~. ~uu~ t~ -, y uecau~ ~ee Stree[. cllit~ ~]7 be fro~ 23rdrequlced at this ~ B AVenue. an~ wh ~er u · The on Since the ethe~ q est~on landscan~._ ~ WOuld ~ ~d what k' -- entrance the n~._ mOSted o- -~ .~ this ~-- ,'~er to -- -.u Wl ll be -,-n. Th~* :t' cae sit- -. :nCfre .?__ ?View t~- · "~ ~lgn h=- ,-= g?vina ~.~,:n has b:~-": ~aYou, -.. o~ce for ~._. ~nere th ~, ~ne "mwrox?mate 1 ,.e. Pub 1 fc cany ~ ~wo Weeks." the Sma s a ho pro'e . l lest Pi me on th ~,2YP~°'~~ ]~ ~7o~2 o~ ~,~O~h Side o -. · .~ge. ~ pro'e ~u. Whe . oped Pr f 23r~ lowest ~,_ The Crest ~c~. HOwe,.~- n R?dgen~;.~Perty w~_~Avenue. Ojec~ "~acent to .~'-' u~evati.. ~r the ~r..'~ ~U?lt a llas Was n Year ~¢_~ proble~ ~_ ?" z¢ ~ ,'"~.gn ¢o... "'a~e/~ ._P~ke o¢ requirem._, he area. ,.u? ldlng w:-- 7 Projec, . th of the ,,,:ur. ~r. Foo, ~? Smalle. ~..co meet ~ ~ reels this ~?e Woul~e .... J=cc ShOUld -5_ NINUTES- BOARD OF ADJUSTHENT NEETING BOYNTON BEACH, FLORIDA HAY 17, 1993 Hr. Cutro stated that the project meets the requirement for drainage imposed by the South Florida Water Hanagement District. The City cannot impose greater restrictions on this particular property. Mr. Cutro explained that Mr. requirements have changed at ~oot's home was built in 1956. The drainage least two times in the last twelve years alone. There is also a problem with some of the driveways to the north which were not installed properly. Mr. Cutro suggested meeting to request assistance in correctiMr' Foot attend a City Commission ng the drainage problem. Mr. Puls advised that the developer will review this situation With his engineer to see if their front swa)es can be deepened to help alleviate some of the con- cerns Mr. Foot expressed. THERE WAS NO ONE ELSE PRESENT WISHING TO SPEAK AT THE PUBLIC HEARING. expandMr. Mirianathe proposed felt HRSbuilding.placed a hardship on this property by making the developer Vice Chairman Uleck supported the granting of the variance. Motloq Mr. Cordie moved to grant the request for variance, Ms. Solomon seconded the motion. The Recording Secretary polled the vote. Mr. Cordia Secretary Houston ~ Aye Ms. Solomon Aye - Aye Chairman Thompson _ Aye Mr. Tineri Vice Chairman Uleck _ Aye Mr. Miriana Aye - Aye The motion to GRANT the variance carried 7-0. OTHER BUSINESS Chairman Thompson. reminded Board members to Submit their Financial Statements. ADJOURNMEN~ There being no further business to come before the Board, Ms. Solomon moved to adjourn the meeting at 8:25 p.m. Mr. Cordie seconded the motion which carried unanimously. Prainito Recording Secretary (Two Tapes) -6-