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Minutes 06-08-92MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, JUNE 8, 1992 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman James Miriana, Vice Chairman Raymond Eney, Secretary Henrietta Solomon Nello Tineri Paul Slavin, Alternate ABSENT Andrew Haynes (Excused) Thomas Newton Ben Uleck, Alternate Mike Haag, Zoning and Site Development Administrator Brian Dan, Assistant City Attorney A. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the Board members, Attorney Dan, Mike Haag, and the Recording Secretary. He welcomed Commissioner Robert Walshak who was in the audience. B. READING AND APPROVING OF MINUTER Mr. Slavin moved to approve the Minutes of the January 13, 1992 meeting. Ms. Solomon seconded the motion which carried 6-0. Ms. Solomon moved to approve the 'Minutes of the January 28, 1992 workshop. Mr. Miriana seconded the motion which carried 6-0. C. ELECTION OF CHAIRPERSON, VICE CHAIRPERSON, AND SECRETARY Ms. Solomon nominated Vernon Thompson as Chairman. There were no other nominations. Mr. Miriana seconded the motion which carried 6-0. Mr. Tineri nominated James Miriana as Vice Chairman. There were no other nominations. Mr. Eney seconded the motion which carried 6-0. Ms. Solomon nominated Raymond Eney as Secretary. There were no other nominations. Vice Chairman Miriana seconded the motion which carried 6-0. D. COMMUNICATIONS Chairman Thompson announced that he received notification that Mr. Haynes is unable to attend this meeting because he is out of MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 8, 1992 town. However, he has not heard from Mr. Newton or Mr. Uleck. The Recording Secretary received no other communications except from Mr. Haynes. E. REPORT OF PLANNING AND ZONING DEPARTMENT Mr. Haag advised that he or Mr. Cutro will be reporting on hap- penings throughout the City that involve this Board. At this time, there is no report except that two petitions are pending for the next meeting. F. CONTINUED PETITIONS Mr. Haag advised no petitions are outstanding from the previous meetings. G. NEW PETITIONS Case #167 - 1220 N. W. 7th Street Owner: Cirillo J. and Bonnie Altadonna Request: A variance to Appendix A Sec. 4.B.2. of the Boynton Beach Code of Ordinances 1. reduce the side setback for an accessory building from 3 feet to 2'8"; 2. reduce the rear setback for an accessory building from 3 feet to 2'6"; 3. to allow an accessory building of 144 square feet where 100 feet is allowed; 4. to allow an accessory building of 12'6" where 7 feet is allowed. Secretary Eney read the application, dated April 21, 1992. The property is presently zoned R-l-A, formerly zoned R-1. Denial was based on Section 4, B, Accessory Buildings, 2. Appendix A-Zoning. The nature of the exception or variance required is to allow the following special exceptions to Section 4.B.2 of the Code of Ordinances: 1. Increase the code specified, 100 square feet, maximum floor area to 144 square feet; 2. Increase the code specified, 7 foot, maxmimum height to 12 feet 6 inches 3. Decrease the code specified, 3 foot, minimum side setback to 1 foot 4 inches and decrease the code specified, 3 foot, minimum rear setback to 1 foot 2 inches. Cirillo J. Altadonna advised that there was a metal shed on the existing slab. The shed was deteriorated and he lost all his tools because of the weather. He dismanteled the old shed and replaced it with a wooden shed to improve the property value not knowing a permit was needed. ' 2 MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 8, 1992 Mr. Haag advised that Mr. Altadonna applied for a permit to install the shed, but the Building Department would not accept his application because they knew they would have to turn it down. They therefore directed the matter to the Planning and Zoning Department to try to acquire a special exception. Mr. Altadonna said Code Enforcement came by the house when the shed was complete and told him he did not have a permit. He had an architect draw up plans and submitted them to the Building Department where they were not accepted. Mr. Altadonna said the shed is hard to see because he lives on an industrial street and is fenced in on all four sides. The only thing you can really see is the peak of the roof. In response to Secretary Eney, Mr. Altadonna said he obtained a permit for the original shed in 1976. Mr. Haag said the Building Department could not find a record of that permit. Mr. Miriana noted that the shed encroaches on a utility easement. Mr. Tineri noted a concrete fence beyond the shed area and felt it may be in the wrong place. He checked with City Hall and could not find out who owns the fence. Mr. Slavin wondered if Mr. Altadonna could be grandfathered in. Mr. Haag said if it could be grandfathered in it would not be before the Board. Public Hearin9 No one wished to speak in favor of or against granting this variance. Board Discussion Vice Chairman Miriana saw no reason to deny the request for a variance. He did not think the shed is causing any harm. In response to Chairman Thompson, Mr. Haag said the applicant can ask whoever has the right to use the easement for permission to put the shed up. Chairman Thompson pointed out than even if the Board grants this variance, the owner of the easement has the right to destroy anything in the easement. It was not known who owns the easement. Chairman Thompson pointed out this is no~ a majority Board and that any three negatives will deny the request. Motion Mr. Miriana moved to grant the variance subject to the four con- ditions contained in the staff report, and subject to a hold MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 8, 1992 harmless agreement regarding construction in the easement. Mr. Tineri seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 6-0. FUTURE PETITIONS FOR MEETING OF JULY 13, 1992: Case $168 - OPEN I. OTHER BUSINESS Commissioner Walshak congratulated Chairman Thompson, Vice Chairman Miriana, and Secretary Eney on their reelections and welcomed the new members to the Board. He said the property the Board voted on this evening is in his district and in the next week or so he is going to ask, through the City Manager, that the Planning and Zoning Department and the Building Department make a determination regarding who owns the easement and the fence and who is responsible for maintaining the swales behind the homes on Industrial Boulevard. He said the fence is busted in places and hanging down and could become a liability to the City. The easements that are not being main- tained by the property owners are disgraceful. He thinks that when Laurel Hills was plotted, the street and commercial and industrial areas were not there and the building of more homes and dedicating right-of-ways and easements was anticipated. Chairman Thompson invited Commissioner Walshak back. J. ADJOURNMENT There being no further business, Ms. Solomon moved to adjourn. Mr. Tineri seconded the motion which carried 6-0. properly adjourned at 7:40 P. M. Eve Eubanks Recording Secretary (1 Tape) The meeting