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Minutes 11-04-91MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, NOVEMBER 4, 1991 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman James Miriana, Vice Chairman Raymond Eney, Secretary Andrew Haynes Thomas Newton Henrietta Solomon Ben Uleck ABSENT Paul Slavin, Alternate Mike Haag, Administrator, Site Development Jay Mussman, Assistant City Attorney CALL TO ORDER Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the Board members, Mike Haag, Jay Mussman, and the Recording Secretary. Chairman Thompson announced there is a full Board tonight, which is an advantage to the applicant. He informed the audience that any three negative votes will deny a request for a variance. APPROVAL OF MINUTES Ms. Solomon moved to approve the Minutes of the October 14, 1991 meeting. Mr. Newton seconded the motion which carried 7-0. ANNOUNCEMENTS Chairman Thompson read the six criteria which the Board takes into consideration when rendering a decision on a variance. NEW BUSINESS 1. Case 9163 Address: Owner: 410 Mission Hill Road Kenneth Focarino 1 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 Legal Description: Requested Variances: Lot 8, Block 6, Mission Hill Rear setback reduction and fence height Secretary Eney read the application. He said the applica- tion was dated September 27, 1991. The property is pres- ently zoned R-1-AAB and was formerly zoned R-l-AA. With respect to the variance for the rear setback reduction, denial was made upon Appendix A-Zoning, Section 5.B.2.a. With respect to the variance for fence height, denial was made upon Appendix A-Zoning, Section 4.J.1. The nature of the exception or variance for the fence height is that the Code requires a minimum rear yard setback of 25 feet. Applicant wishes to have a 7.4 foot rear setback. Therefore, a variance for 17.6 feet is requested. The nature of the exception or variance with respect to the variance for fence height is that the Code allows a maximum fence height of 6 feet in the rear yard. Applicant requests an 8 foot high fence. Therefore, a variance of 2 feet is required. This permit was denied on September 30, 1991 by Milt Duff. Mr. Eney then read the applicant's responses to the six criteria. Kenneth Focarino was present. He stated his address is 410 Mission Hill Road, Boynton Beach, Florida. He also lives in New Jersey at 187 Monroe Avenue, River Edge, 07661. He bought the house on November 1, 1990. The property was overgrown with many trees, some of them 60 and 70 feet high. They were growing into the wires and Florida Power and Light cut down the trees in the rear of his property. Mr. Focarino showed the Board pictures of what his property looked like before Florida Power and Light cut down all the trees. He said there was an old, dilapidated fence which he replaced with a new one. At that time he did not know he was in violation of anything. He did not have a permit, but has since filed for one. Without the trees, he stated he had no privacy or security. Therefore, he built an 8 foot high fence, unaware of what the Code allowed. He said many children play in the back by the church and school, and he felt it would be easier for a child to climb over a 6 foot fence as opposed to an 8 foot fence. He stated he is in a low lying area and if he does not have the extra two feet, he is going to be in clear sight of Seacrest Boulevard, the lights, and the cars when he enters his backyard. With regard to the shed, Mr. Focarino stated that if he were to go by the Building Code, he would have to put the shed in MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 front of the gate, which would totally ruin a brick wall that is there. Mr. Focarino read a letter from Robert J. Weiss, addressed to the City Clerk of Boynton Beach, dated October 25, 1991, indicating that he has no objection to granting the variance. He also read a letter from Anne Weir, addressed to the City Clerk of Boynton Beach, who requested the shed be left where it is because if the shed has to be moved, hedges have to be cut down and there would be less privacy between the two houses. Mr. Haynes asked Mr. Focarino if the area has a homeowners' association. Mr. Focarino answered in the negative. In response to Ms. Solomon's concerns, Mr. Focarino said his property is in a dip and because Seacrest is six feet higher than his house, he would be staring at Seacres~. He felt the extra two feet is necessary for safety and privacy. Secretary Eney asked if any of Mr. Focarino's neighbors have fences along that area south of the church property. Mr. Focarino said there are a few fences, but their eleva- tions are higher than his and many homes do not have fences because they do not have swimming pools. Mr. Focarino does have a swimming pool. Ms. Solomon asked how many houses are right at the school. Mr. Focarino said there are about fifteen of them, and if you were to walk directly south or to the rear of his prop- erty, you would not touch a structure for almost a mile and a half. He showed the Board a copy of a tax map. Mr. Miriana questioned whether the structure was a shed or a garage. Mr. Haynes asked how long the shed has been there. Mr. Focarino said when he bought the house, it came with a doll house that was half on his property and half on the church's property. It was termite infested and he caught children playing in there. He removed the doll house and replaced it with a shed. The City of Boynton Beach informed him that he was in violation so he moved it on his property. Secretary Eney asked how much time Mr. Focarino spends in Boynton Beach. Mr. Focarino said he spends three to four months a year in Boynton Beach. He goes back and forth be- tween New Jersey and Boynton Beach, and he plans to start a business in Boynton Beach. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 In response to Ms. Solomon's questions, Mr. Focarino said he bought the shed from Ted's Sheds. The shed is big and he stores his automobile, motorcycle, landscaping equipment, and pool equipment in it. He plans to keep the shed, regardless of where he has to put it. If he has to move the shed, it will destroy a brick wall, hedges and privacy; the value of his property would decrease; he would have to back out of his'driveway; and he would lose one parking space behind his house. Chairman Thompson inquired three times whether anyone wished to speak in favor or against granting the variance. No one responded. Mr. Focarino had already read the letters in favor of the variances from Ms. Weir and Mr. Weiss. Secretary Eney read the letter, dated September 19, 1991, that came from the church through the offices of Merkle, Bright & Sullivan, attorneys in Delray Beach, addressed to Mr. Focarino, declining Mr. Focarino's gift of the stockade fence placed along the southern boundary of his property because of liability associated with the fence and the maintenance of it, and indicated they have no objection to the height of the fence. Attorney Mussman advised that petitioner is requesting two separate variances. Chairman Thompson announced the variance for fence height would be considered first. There were comments made by some of the Board members regarding an 8 foot fence being a safety factor. Mr. Haag advised that the six foot maximum height of the fence for this zoning district has nothing to do with the height of the fence pertaining to the pool. Ms. Solomon moved to grant the request of Kenneth Focarino for a variance regarding the fence height. Mr. Newton seconded the motion. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes - Aye Thomas Newton - Aye Henrietta Solomon - Aye Ben Uleck - Aye Raymond Eney - Aye James Miriana - Aye Vernon Thompson - Nay MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 The motion carried 6-1 and the variance was granted. Mr. Focarino reiterated that if he has to conform to the 25 foot setback, he would have to cut more of the hedge between his property and his neighbor's property, which will destroy their privacy. He would lose one parking spot in the rear of his property. He will not be able to turn around and pull out of his driveway; he will have to back out of it. A brick wall, his patio, and the rear entrance to his house will be destroyed, resulting in a decrease to the value of his property. He felt if he has to conform, it would be a real hardship to him and his neighbor. Attorney Mussman noted the petitioner did not indicate spe- cial conditions or hardships on his application with regard to the shed and asked Mr. Focarino if he wished to do so now. Mr. Focarino answered in the affirmative and stated the following hardships for the record: (1) he would lose one parking space to the rear of his property; (2) he will not be able to turn around in the rear of his property, which means he would have to back out of his driveway; (3) privacy between his neighbor and himself would be destroyed because more of the hedge will have to.be cut down; (4) a brick wall will be ruined, along with the rear entrance of his house wherein he will hardly be able to get into the back of his house; and (5) the property value of his house will be decreased, monetarily and aesthetically. Mr. Uleck asked how high the shed is. Mr. Focarino said he did not know, but it was within the Code because the plans had been approved. Aft!er discussion between the Board mem- bers, Mr. Focarino, andl Mr. Haag, it was ascertained that Mr. Focarino had a permit to place the shed on his property, but not in the location where it is now. Mr. Miriana was concerned about the church selling their land in the future. Attorney Musssman said the Board should only consider the facts before the Board, and what the church may do in the future is not relevant. Attorney Mussman asked Mr. Haag to clarify that Mr. Focarino pulled a permit which allowed the shed to be on. the prop- erty, legally. Applicant then decided to move the shed and, therefore, had to appear before this Board for a variance. Mr. Haag said if Mr. Focarino has a permit, he would have had to shown the shed meeting the setbacks. 5 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 Mr. Miriana moved to deny the request for a variance regarding the shed. The motion died for lack of a second. Mr. Haynes moved to grant the request of Kenneth Focarino for a variance regarding the shed. Secretary Eney seconded the motion. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes - Aye Thomas Newton - Aye Henrietta Solomon - Aye Ben Uleck - Nay Raymond Eney - Aye James Miriana - Nay Vernon Thompson - Nay The motion carried 4-3 and the variance was denied. 2. Case ~164 Address: Owner: Legal Description: Requested 2107 S. E. Third Street, Building A Donald Fisher Lots 8-13, inclusive, Sunny Oaks Addition Variance: Rear setback reduction Secretary Eney read the application. He said the applica- tion was made on September 30, 1991. The property is pres- ently zoned R-3 and was formerly zoned R-3. Denial was made upon Appendix A-Zoning, Section 5.G.2.a. The nature of the exception was that the Code requires a rear yard setback of 40 feet. Applicant wishes to have a 35 foot rear yard set- back. Therefore, a variance for 5 feet is requested. The permit was denied on October 1, 1991 by Milt Duff. Secretary Eney read the applicant's response to the six criteria. Chairman Thompson reminded the Board members that this case is a carry over from last month wherein the applicant asked for a variance on the property. George Davis, Architect, 1100 South Federal Highway, Boynton Beach, was present representing the applicant and stated that at the September meeting this Board granted him a variance for 15 feet on Building B. However, he overlooked that Building A required a 5 foot variance of the rear yard in order to conform. He had with him plans. 6 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 Chairman Thompson asked Mr. Haag to brief the Board. Mr. Haag said the applicant has a proposed site plan f~r two apartment buildings that does not meet the setback require- ments. Mr. Haag asked that the motion include clarification iden- tifying the setbacks, since, if this variance is approved, there will be two setbacks on this one piece of property. Mr. Davis read a letter, dated October 28, 1991, addressed to this Board, signed by Mr. Fisher, indicating the 5 foot variance pertains to Building A and the 25 foot variance pertains to Building B. It was ascertained that this would be sufficient clarification. Questions were asked by the Board members regarding the number of apartments and the placement of the buildings on the property. Mr. Davis said he spent many hours trying to get the building to face other directions. Mr. Miriana mentioned that at the last meeting Mr. Fisher said the vacant area on the plans, which now indicates a three car garage, was going to be utilized as a playground. Mr. Davis stated those were the identical plans that were brought to the last meeting. Donald Fisher, 6760 N. W. 29th Street, Sunrise, Florida 33313, said he indicated at the last meeting that the remaining portion back in the corner would be made into a playground. Attorney Mussman advised the prior variance was granted and the Board cannot readdress that issue. The issue with regard to the playground and/or garage is not before this Board. The issue of a new variance for a rear setback reduction is before this Board. Chairman Thompson inquired three times whether anyone wished to speak in favor or against granting the variance No one responded. ' Mr. Newton moved to grant the request of Donald Fisher for a variance regarding the rear setback reduction. Mr. Haynes seconded the motion. Attorney Mussman indicated granting the 5 foot variance will include the statement the architect made on the record with regard to the situation of the buildings and the lot numbers. A roll call vote on the motion was taken by the Recording Secretary as follows: Andrew Haynes Thomas Newton - Aye - Aye MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1991 Henrietta Solomon - Aye Ben Uleck - Nay Raymond Eney - Aye James Miriana - Nay Vernon Thompson - Aye The motion carried 5-2 and the variance was granted. OTHER BUSINESS Chris Cutro, Planning and Zoning Director, City of Boynton Beach, said that Planning and Zoning will now be providing the staffing for the Board of Adjustment, not the Building Department. He intends to meet with Attorney Mussman and then have a workshop meeting in the next couple of months to help this Board in their deliberations. He ended by saying he is looking forward to working with the Board of Adjustment. ADJOURNMENT Ms. Solomon moved to adjourn the meeting. seconded the motion which carried 7-0. ~ly adjourned Eve Eubanks Recording Secretary (Two Tapes) Mr. Miriana at 8:25 P. M. CITY OF BOYNTON BEACH REQUEST FOR PUBLIC RECORD INFORMATION Request submitted by: REQUESTED INFORMATION: Address Phone ORDINANCE NO. RESOLUTION NO. MINUTES - MEETING & DATE (Complete Set)~ MINUTES - MEETING & DATE (Excerpt Only) MINUTES - VERBATIM EXCERPT (Subject to hourly charge at Recording Secretary's Wage) OTHER NOTICE 1. You may inspect the requested records without charge unless the nature or volume requested reqdires extensive clerical or super- visory assistance in which case you will be advised of a special service charge. 2. Plain paper copies shall be furnished upon payment of 15¢ if the paper is copied on one side and 20¢ if the paper is copied on both sides. 3. Copies of microfiche shall be furnished upon payment of 25¢ per page (copy on one side of the paper only). 4. Certification of documentations shall be charged at $1 00 per document. - 5. Used cassette tapes shall be furnished at a charge of $1.00 each. DATE OF REQUEST ~ATE COMPLETED Revised: 01/24-/91 PARTY