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Minutes 04-09-90MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON MONDAY, APRIL 9, 1990 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Raymond Eney James Miriana Thomas Newton Ben Uleck ABSENT Henrietta Solomon, Alternate (Excused) Patt Tompson (Excused) Herbert Fox, Alternate (Excused) Alfred Newbold, Administrator, Plan Review and Permitting Chairman Thompson called the meeting to order at 7:00 P.M. and introduced the members of the Board. The presence in the audience of Former Mayor Carl Zimmerman was acknowledged. APPROVAL OF MINUTES Mr. Eney moved to approve the Minutes of the December 11, 1989 meeting as prepared. Mr. Newton seconded the motion which carried 5-0. NEW BUSINESS CASE #142 Address: 424 S.W. 7th Court Legal Description: The East 24 feet of Lot 18 and Lot 19, less the East 48 feet thereof, FERN RIDGE, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, Page 115 Owner: Samuel A. Murante Request: A rear yard setback of 25' is required. Applicant wishes to have a 7' setback; therefore an 18' variance is requested for the rear yard setback for room addition. Chairman Thompson explained a full Board was not present. The Board of Adjustment is not a majority Board. If the applicants present at this meeting chose to have their cases heard at this time, they would need five affirmative votes. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 Any negative vote would deny their request. The applicants did have the right to request that their application be reviewed at the next meeting, if they preferred. Chairman Thompson read the criteria upon which the Members base their decision. He read from Appendix A - Zoning, Section 10, B. 3. (a) through (f). Secretary Eney read the application and the applicant's answers to paragraph 5 (a-f) of the application. Dr. Salvatore DeCanio, Jr. was present at the meeting to represent Mr. Murante. Dr. DeCanio is Mr. Murante's family eye doctor in Boynton Beach. Chairman Thompson explained to Dr. DeCanio that if the applicant wished he could withdraw the case until a full Board was present to vote on it. Dr. DeCanio chose to proceed at this time. The Chairman explained if denied, the case could not be heard again until a year later. Dr. DeCanio stated Mr. Murante has suffered a permanent disability in the right eye and is in great discomfort. He has not been able to operate his own business as he had pre- viously. Mr. Murante suffers from frequent migrane headaches and often needs to rest during the day. Dr. DeCanio requested that the Board consider this application as a special hardship. Mr. Newbold referred to the applicant's response to question F., which indicated Mr. Murante had all neighbors within 400 ft. sign indicating no objection to the room. Dr. DeCanio did not have this list with him. In regard to the note submitted by Dr. S. Richard Sauber, in answer to question A., Mr. Newbold noted the question re- lates to special conditions that relate to the land itself. The doctor's note addressed Mr. Murante's condition, not peculiarities of the land. Dr. DeCaneo referred to a fully permitted pool which was constructed several years back which exists in the back yard. Because of this there was no room to construct the room on the other side. He indicated there was an existing porch with a full slab where the room now sits. Discussion ensued regarding the fact that the room was constructed without a permit. Dr. DeCanio commented Mr. Murante assumed since there was an existing porch structure that he could replace the structure. After it was completed, he was informed of the violation. The porch was constructed by friends. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 Comments were made about an unpermitted utility shed, bar- becue pit and canvas canopy which also exist on this home. It was noted the unpermitted shed is located closer than 12' to the addition which is a violation. The barbecue pit is located on an easement. The front canopy is located within the setback. Dr. DeCanio didn't think these problems were germaine at this time. He indicated if the variance is approved, the barbecue pit and the utility shed could be removed. Discussion took place regarding item 910 on the fact sheet and the fact that the applicant's original plans showed the room to be constructed 7' from the rear property line instead of 6' as shown on the new survey. Chairman Thompson asked if there was anyone present who wished to speak in favor of granting the variance. Mr. Murante's mother, Ms. Cecelia Cunningham, 313 Woolbright Road, Boynton Beach addressed the Board and thought her son would be willing to correct these violations. She referred to her son's disability and felt this room was genuinely necessary for her son's welfare. Ms. Alberta Chidnese, Mr. Murante's mother-in-law explained Mr. Murante has a lot of stress and the room is a place where he can be alone. She lives with the family to assist and felt the room was needed by the family. Chairman Thompson asked three additional times if there was anyone else present who wished to speak in favor of this application. There was no further response from the audience. Chairman Thompson asked three times if there was anyone present who wished to speak in opposition to this request. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Mr. Eney remarked there had been a communication with the City Clerk's office on March 23, 1990 from Ms. Gertrude Michalk, 421 S.W. 8th Avenue. Ms. Michalk was in opposition to this application as she felt the room was located too close to her property. Ms. Michalk is elderly and unable to attend this meeting. Discussion ensued on whether this hardship was imposed by the City. Chairman Thompson thought when a person builds a room of this size without a permit it results in a self- imposed hardship, regardless of what the reasons are for building the room. He could not see any relationship bet- ween the accident and the addition of the room. Although the Board sympathized with the applicant's disability, there was a history of violations that exist at this home which seemed to indicate a disregard for the City's Building Codes. 3 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 Mr. Newbold reminded the Board it was only addressing a zoning issue. The City does not know if this room is ade- quately tied down, whether it is structurally sound or whether the electrical work is adequate. The Building Official has a responsibility to see to it that all struc- tures in the City are in compliance with applicable Codes. Since the City doesn't know if this is structurally sound or not, it is possible that the room could be a hazard to the entire neighborhood if there were high winds or a hurricane. If the Building Official determined the room was not safe, regardless of whether the Board granted a variance or not, the room would have to either come down or possibly be opened up in order to meet Code. Mr. Newbold stated there had not been any determination in that regard. Mr. Miriana moved that the request for a variance be denied. Mr. Uleck seconded the motion. At the request of the Chairman, the Recording Secretary repeated the motion. A roll call vote was then taken by the Recording Secretary as follows: Mr. Newton - Aye Mr. Miriana - Aye Chairman Thompson - Aye Mr. Uleck - Aye Mr. Eney - Aye Motion carried 5-0. The request for a variance was DENIED. Case ~143 Address: 816 N.W. 6th Avenue Legal Description: Lot 221, LAUREL HILLS 5th ADDITION, according to the plat thereof, as recorded in Plat Book 23, on Page 183, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. Owner: Affordable Home Development Corp. Request: Relief from Zoning requirement of 75 ft. lot frontage to be reduced to 55 ft. lot frontage and relief from Zoning require- ment of 7,500 sq. ft. (platted before 1975) lot area to be reduced to 6,270 sq. ft. lot area to construct single family dwelling. 4 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 Secretary Eney read the application and the applicant's answers to paragraph 5 (a-f) of the application. Mr. A1 Hope, President of Affordable Home Development Corp. addressed the Board. Mr. Hope was agreeable to the five member Board hearing his application at this time. Mr. Eney asked why the application indicated the Code required a 75 ft. frontage and yet the applicant's response to the questions indicated the requirement to be not less than 60 feet. Mr. Newbold noted both figures are actually correct and he explained some time back the City Commission enacted a new Ordinance which gave relief to a lot of non- cOnforming lots. Reference was made to page 1954 of the Zoning Code, Section 11.1, C. 3. If this lot met certain requirements, (one of which was the 60 ft. frontage requirement), it would not have to come before the Board of Adjustment. Mr. Newbold explained this property cannot meet the requirements of paragraph 3.b, namely the minimum of 60 ft. frontage and minimum of 6,750 sq. ft. in lot area. This lot can meet the requirements of paragraph 3.a and 3.c. Mr. Newbold clarified the applicant's request is to Appendix A - Zoning, Section 5. C.2, Building & Site Regulations which indicates the lot has to have a 75 ft. frontage and 7,500 sq. ft. minimum lot area. The bottom line is the applicant has a lot that he is unable to build on without a variance. The applicant intends to meet all other require- ments of the Code. Discussion took place regarding the fact that most of the lots in this area have 55 ft. frontage. Chairman Thompson asked three times if there was anyone pre- sent who wished to speak in favor of granting this variance. Mark Thompson, 706 N.W. 8th Street, Boynton Beach wished to ask a few questions. Further remarks were made about the lot sizes in this neighborhood. Mr. Thompson asked if it was impossible for the applicant to purchase the needed land from the adjoining lots to make this a conforming lot. Chairman Thompson pointed out that on two sides of lot 221 the zoning changes to RA. Mr. Thompson would like to see this have at least a 60 ft. frontage, however, if that wasn't possible, if there were no other adjustments on set- backs in the future, he would rather see the home constructed there than an empty lot. Chairman Thompson asked again if there was anyone present who wished to speak in favor of this application. There was no response from the audience. The Chairman asked if there was anyone present who wished to speak in opposition to this application. 5 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 Mr. Leslie Morris, 724 N.W. 7th Court, Boynton Beach felt granting a variance on this small lot could set a dangerous precedent. Chairman Thompson explained lots in Laurel Hills have been before the Board in the past and this would probably be seen again because lots in this area do not meet present City Code. Mr. Morris made reference to some homes in this neighborhood being built on small lots with small driveways. Many people park on the street which results in congestion. Also he stated children have a ten- dency to dart out between the parked cars resulting in a dangerous situation. Discussion ensued regarding the fact that some of the resi- dents have constructed their homes on 1½ or 2 of these small lots. Ms. Barbara Brunetti, 604 N.W. 7th Court, Boynton Beach stated when she purchased her home 14 years ago, it was platted for five houses. There are two homes on those lots now. Ms. Brunetti referred to five homes which exist on five 50' lots on N.W. 7th Court. She stated they have created serious congestion problems as there is nowhere to put the cars. She felt building another home there would be repeating a mistake. Ms. Sandra Morris, 724 N.W. 7th Court, Boynton Beach requested clarification. The way she understood this situation, the owner didn't meet the criteria of a 60' lot frontage to begin with, but he wants to build on a 55' lot. Mr. Newbold stated had the applicant met the criteria of 6,750 sq. ft. in lot area and a 60' frontage, he would not be before the Board. Ms. Morris stated when there are a lot of cars on the weekend, the residents park on this vacant lot. Ms. Pirjo Campitelli, 603 N.W. 7th Court, Boynton Beach requested further clarification. Mr. Newbold explained for all properties in the R-1AA zone, a lot area of 8,000 sq. ft. is required. There is an asterisk printed behind that figure in the Code book. The footnote indicates when you go back to areas platted prior to 1975 (as this one was), the minimum lot area shall be 7,500 sq. ft. He explained again that the Commission about a year ago passed an Ordinance addressing lots in various zones in an attempt to prevent many of these lots from having to go before the Board of Adjustment. Mr. Newbold noted you cannot deny a person from having any use of his land. This Board cannot make this man leave this lot vacant so the property can serve as extra parking for the neighborhood. Mr. Newbold further explained that any property that didn't meet the first exemption still had the opportunity to come before the Board of Adjustment. This property owner could not meet the MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 9, 1990 first exemption which was a 60' frontage and a 6750 sq. ft. lot area. Since he did not meet that, he still had the right to come before the Board and plead his case for hardship. Other technical remarks were made. When parking violations occur, Mr. Newbold explained that is where the POlice Dept. and the Code Enforcement Board come into play. After Mr. Newbold's explanation, Ms. Campitelli remarked that she didn't think the City should be making "exceptions to exceptions." Once this home is built, she didn't know where people were going to park their cars. She felt this was going to affect property values in the area. The Chairman asked three times if there was anyone else pre- sent who wished to speak in opposition to granting this variance. As there was no further response from the audience, THE PUBLIC HEARING WAS CLOSED. It was noted no written communications had been received in connection with this application. Chairman Thompson stressed the Board cannot deny a person use of his land if he can meet the setbacks and other requirements in a given area. The R-1AA zone requires homes to have a living area of 1,500 sq. ft. Mr. Hope indicated the proposed home would meet that requirement. Mr. Hope further indicated he would be able to meet the required set- backs. Discussion ensued among the Board members. Mr. Uleck referred to difficulty experienced getting through to Affordable Home Development Corp.'s local office and noted the Occupational License Dept. had indicated no license was issued to this company. Mr. Hope responded their office was in Miramar. They also work with a local realtor at 323 N. Federal Hwy., Boynton Beach as well as with a realtor in the Delray Beach area. This is in some instances shared office space. Mr. Hope noted the cor- poration is in good standing with the Secretary of State. Chairman Thompson interjected it is not necessary to have a license to own property in Boynton Beach. The Board requires proof of property ownership. When a person gets ready to build, the Building Dept. takes over. That is not the Board's responsibility. Mr. Hope stated Affordable Home Development Corp. is a development company and sublets to a contractor. He stated Affordable Home Development Corp. has never represented to anyone that they are a licensed contractor. Comments were made about vacant adjacent property which lies in a different zoning district and on another plat. Mr. Edward Greynolds, 820 N.W. 6th Avenue, Boynton Beach owns lot 222 which is located to the west of the subject lot. He addressed the Board and indicated his is a 55' lot with a home on it. MINUTES - BOARD OF ADJUSTMENT BOYlgTON BEACH, FLORIDA APRIL 9, 1990 Chairman Thompson thought this lot was landlocked as far as use was concerned. Remarks were made about power easements. Mr. Eney moved that the Board grant the variance. Mr. Miriana seconded the motion and Chairman Thompson repeated the motion. The Recording Secretary took a roll call vote as follows: Mr. Newton - Aye Mr. Miriana - Aye Chairman Thompson - Aye Mr. Eney - Aye Mr. Uleck - Aye Motion carried 5-0. APPROVED. The request for a variance was ELECTION OF OFFICERS Since there were several Board members absent and a variance request is scheduled for the May, 1990 meeting, the Board chose to postpone election of officers until the next regu- lar meeting. ADJOURNMENT Mr. Uleck moved to adjourn the meeting. the motion which carried 5-0. adjourned at 8:45 P.M. Shannon Burkett Recording Secretary (Two Tapes) Mr. Eney seconded The meeting properly 8