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Minutes 03-15-93 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 15, 1993, at 7~00 P, PRESENT Vernon Thompson, Chairman James Miriana, Vice Chairman Nello Tineri, Secretary Thomas Cordie Barkley Garnsey Henrietta Solomon Ben Uleck Irving Sechter, Alternate Paul Slavin, Alternate Chris Cutro, Planning and Zoning Director Mike Haag, Zoning and Site Administrator CALL TO ORDER AND ACKNOWLEDGMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:04 P. M. and introduced the Board members, Mr. Cutro, Mr. Haag, and the Recording Secretary. APPROVAL OF MINUTES Ms. Solomon moved to approve the minutes of the February 17, 1993 meeting as submitted. Mr. Cordie seconded the motion, which carried 7-0. CONTINUED PETITIONS None. NEW PETITION~ Case #176 - 620-622, 630-632 S, E, 2nd Avenue Property Owners: Elizabeth and Michael Pettenicchi Request: The applicant requests approval to allow two lots each with an area of 7,500 square feet be developed with a duplex on each lot. Sections 5.G.2.b and 5.F.2.1 specify a minimum lot area of 4,500 square feet per unit is required for duplex use. Therefore, to develop a lot for a residential duplex use, the lot shall have a minimum area of 9,000 square feet. Mr. Tineri read portions of the application. Mtchael Pettenlcch~, the agent submitting the petition, stated that his wife has owned these lots for the past seven years. He has been dealing with the Planning and Building Departments of the City of Bovnton Beach for about a year and a half, to determine the best use for this piec~ of land. It is the only vacant piece of land on 2nd Avenue, two blocks south of Ocean Avenue. This property is zoned R-3, which is a high density zone, and Mr. Pettenicchi could build very small units (750 square feet) on the property. However, the Planning and Zoning Director suggested that he combine his three fifty foot lots (Lots 23, 24 and 25) into two separate lots and build two duplexes, which would fit in much more harmoniously with the surrounding area. On the west side of this - i - NZNUTE$ - BOARD OF AD~USTNENT NEETING BOYNTON BEACH, FLORIDA NARCH 15, 1993 NO ONE ELSE WISHED TO SPEAK AGAINST GRANTING THE VARIANCE. Mr. Tineri read a letter from Helen R. Howard of 200 Horizons West Apt. 104 in opposition to granting the variance. , , In response to Ms. Solomon, on the east Mr. andCUtr°westStated that there are two multi-family, two-story'buildings sides of Mr. Pettenicchi,s property. The property to the west is two lots and contains a six unit building. The property to the east is three lots and contains a ten unit building. They are long, linear buildings. Mr. Cutro advised that Mr. Pettenicchi wants to build two one-story duplexes on the three remaining lots between these two properties. In response to Chairman Thompson, Mr. Cutro advised that the two 1,300 square foot duplexes that Mr. Pettenicchi wants to build on each lot would more than meet the code. Mr. Cutro advised there are offices across the street and that this use would be compatible with those uses and with the uses around it. Ms. Solomon asked if the square footage around it is according to code. Mr. Cutro answered in the affirmative. It was his understanding that the multi- family may be a little smaller than the 1,300 square feet Mr. Pettenicchi is proposing to build in his units. Mr. Pettenicchi advised that the ten units to the left of his property are about thirty years old. The one bedroom units are about 600 square feet. The two bedroom units are about 750 square feet. He stated that he will be improving the neighborhood and not degrading it in any way. Vice Chairman Miriana did not think Mr. Pettenicchi,s request would cost the community any great hardship. Mr. Slavin felt a hardship has been created upon the property by the City over the years. Chairman Thompson felt a hardship exists. Chairman Thompson advised Mr. Pettenicchi that if he disapproves of the decision the Board makes, his only recourse is through the Court system. He also advised that any three negative votes will deny his request. Motion Ms. Solomon moved to grant this variance at 620-622, 630-632 S. E. 2nd Avenue. Mr. Cordie seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. ~THER BUSINESR Chairman Thompson said he no · · thought that the Boar . t!ce~ a_slgn ~t ~cDonald's on Con ress · d denied this re uesc a ' ~ Avenue and explained that the currently there is f~,r -~, .... as ~or a regular freestandin si. . - a _~__ ~,u:,: foot sign and is considered ~-g~- ~nc. Th? s~gn ~u uu d al rec~ional -3- HINUTE$ - BOARD OF ADJUSTNENT HEETING BOYNTON BEACH, FLORIDA MARCH 15, 1993 explained that variances can be granted when a hardship erty by the City. piece of land is a six unit, brick apartment building. On the east side fourteen or sixteen unit, two-story apartment building. Mr. Pettenicchi is a expended close to $8,000, with the understanding that he could proceed with plans to build two duplexes. When he submitted the plans about three months ago, the Building Department told him that he could not build two individual duplexes on these two lots. Mr. Pettenicchi stated that he is building under R-2 instead of R-3. R-2 states that a dwelling will have 4,50D square feet. A dwelling is one unit. Two units would require 9,5D0 square feet. Mr. Pettenicchi wants to build two duplexes but does nOthave the square lots.footage. He stated many individuals have been given relief to build on smaller Mr. Slavin asked if the three lots will support the two duplexes, less the set- backs, etc. Mr. Cutro answered in the affirmative. In his opinion, two duplexes would be more acceptable because if Mr. Pettenicchi built multi-family residences, based on his original layout, the units would be smaller {75D square feet), which Mr. Cutro did not feel is acceptable close to the downtown area. In response to Ms. Solomon, Mr. Pettenicchi advised that the units will be almost 1,400 square feet, each side. In response to Vice Chairman Miriana, Mr.roomPettenicChiand two bathrooms.advised that the units will contain three bedrooms, a living Mr. Garnsey asked how many 750 square foot units could be supported on the three lots. Mr. Pettenicchi advised that he is not taking that course because the apartments would be too small and would not be feasible. However, he could have built six units under R-3. In response to Ms. Solomon, Mr. Cutro advised that the property is in the middle of the block. Vice Chairman Miriana asked if the ten foot side yard setback would be suf- ficient. Mr. Cutro answered in the affirmative. He said this meets all the setback requirements in the R-2 zoning district, with the exception of the 4,500 square feet per unit. Mr. Cutro found it interesting that Mr. Pettenicchi would only need 4,000 square feet to build six units under R-3. Therefore, the intensity of the land use decreases because he chooses to build a duplex. In response to a woman in the audience, Mr. Pettenicchi advised that the duplexes would be one story. NO ONE ELSE WISHED TO SPEAK IN FAVOR OF GRANTING THE VARIANCE. Helen $1lllman of Sterling Village, Building 200, #111, spoke against granting the variance. She did not think a variance should be granted because the rule states Mr. Pettenicchi has to have 9,500 square feet. Chairman Thompson is placed on the prop- 2 HINUTE$ - BOARD OF AD~,IUSTNENT NEETING BOYNTON BEACH, FLORIDA MARCH 15, 1993 sign. A directional sign is allowed any place on the property. there are no setbacks on a directional sign. AD,,IOURNHENT There being no further business to adjourn the meeting at 7:43 P. M. 7-0. Eve Eubanks Recording Secretary (One Tape) addition, come before the Board, Mr. Cordie moved to Mr. Tineri seconded the motion, which carried