Loading...
Minutes 04-11-88 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, PINELANH PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 11, 1988 AT 7:00 p. M. PRESENT Vernon Thompson, Chairman Lillian Artis, Vice Chairwoman Daniel E. Boyar Raymond Eney Ben Uleck Janice Lewis, Alternate (Voting) Alfred Newbold, Chief Plans Check Inspector ABSENT George Mearns, Secretary (Excused) Henrietta Solomon (Excused) Thomas Newton, Alternate (Excused) As only five Members were present at 7:00 p. M., Chairman Thompson waited until 7:10 p. M. before calling the meeting to order. He introduced the Members of the Board, Mr. Newbold, and the Recording Secretary. Chairman Thompson Zimmerman.rec°gnized the presence in the audience of former Mayor Carl MINUTES OF NOVEMBER 9, 1987 Vice Chairwoman Artis moved to accept the minutes as received, seconded by Mr. Eney. Motion carried 5-0. Lewis had not yet arrived at the meeting.) Case #124 (Mrs. Owner: Applicant./ Agent: Request: Proposed Use: Location: Legal Edd Lockhart M. N. Granville~Abbot To grant a special exception or variance to the existing Zoning Code, which states both structures shall be no closer than 8 feet to rear property line. (Relief of 8 feet to rear property line. (Relief of 8 feet for screen enclosure and 6 feet for pool). Construction of swimming pool with screen enclosure 1311S. W. 27th Avenue Description: Golfview Harbour Section 2, recorded in Plat Book 27, Pages 46 and 47 Palm Beach County Records ' - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 11, 1987 Chairman Thompson informed the applicant that he would need all five votes of the Members for approval. Normally, there are seven voting Members. Chairman Thompson read the six criteria which are what the Members base their judgments on. He hoped all of the Members had a chance to visit the property. When Chairman Thompson went out, no one was home, so he did not go into the back yard, but he had been back in the area before to see other yards. Vice Chairwoman Artis read the application and the responses to the six questions in paragraph 5. Mrs. Lewis entered the meeting at 7:20 p. M. Michael N. Granville Abbott, 3400 Blue Lake Drive E-504, Pompano Beach, ~ , ~ lorlda, did not know ~ to the statements that were in the application. For the record, Mr. Granville said he was the applicant at the time, but he is now the owner of the property. They finalized it on March 31, 1988. When the house was sold to him, Mr. Abbott said it was suggested to him that a pool could be put in. Mr. Abbott later found out that according to the City's by- laws, this was not possible. He looked around the general area to make sure this was not anything exceptional (that other people did not have, or that would be an eye sore). Mr. Abbott went to ons or two of his neighbors to see if they would have any objections if he tried to get a variance. They measured, and the pool of his neighbor next door is a standard pool (30'x15'), and it is on the same property line as his property. Their thinking was that Mr. Abbott should have a slightly smaller pool than 30'x15'. Mr. Abbott referred to needing a lot of exercise, and the pool would be very therapeutic. He is also in the swimming pool maintenance, service and repairs business and felt the pool would be an asset if people asked him if he had a pool. The pool will be done by a professional builder, and every- thing will be done tastefully and in accordance with the general feeling of the area. Mr. Eney asked who Dye and Associates of Lake Park were. Mr. Abbott answered that they were the realtors who were didhelping not know him purchase anything, the property. He was very new here and - 2 - MINUTES -BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 11, 1987 Chairman Thompson asked what the closest point of the pool to the house was. According to the survey, Mr. Newbold answered that it is supposed to be five feet, and it is 20 feet from the actual property line. On a pool that close, Chairman Thompson 'asked if there would be some support to keep it from breaking away. After explaining, Mr. Newbold said the pool contractor would have to submit a plan, and that would be taken care of by the pool contractor. He said there is a screened portion behind the building, but that willCode. come down to make sure it will make the setbacks within Chairman Thompson asked if Mr. Newbold had information on the other pools in the area. He wondered how close they were to the property line. Mr. Newbold did some research. The pool east of Mr. Abbott was approved on August 12, 1982. The pool itself was built in 1975, at the time the Ordinance was being changed. The pool was built three feet from the rear property line and four feet from the house. Mr. Newbold said it was Mr. Abbott's intent to stay Within the bounds of the City's new law, which would require it to be five feet away. On the north side of the pool, from the pool edge to the screen, Chairman Thompson asked if was two feet. Mr. Newbold answered that there were two feet between the screen enclo- sure and the pool. Chairman Thompson noted that the appli- thecant other was asking on the for screen).a double variance (one on the pool, and Mr. Boyar asked if the screened enclosure, when built, would be right on the property line. Mr. Abbott answered affirmatively. Mr. Boyar questioned whether there was any easement adjacent to the property. Chairman Thompson referred to the canal. If Mr. Boyar visited the property, Mr. Newbold said he would see it is fairly flat. It slopes down to the sea wall, and that is the drainage right-of-way, The land between Mr. Abbott's screened enclosure and the actual sea wall is open space. To Mr. Abbott's property line, the land is flat, and it slopes going down to the water. Mr. Boyar inquired whether the neighbors on either side of Mr. Abbott's property have screened enclosures that run on their property lines. Mr. Abbott replied that the one to the direct east does. Mr. Newbold confirmed that was correct. There was discussion. Mr. Uleck did not see a hardship, and he said it had to be proven to him that there was a hardship. He elaborated. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 11, 1987 Mr. Abbott called attention to his need for exercise and told of how he swims every day. Not having a pool would be a physical hardship because he has no alternative but to exercise. Mr. Abbott hates to live in a rented apartment, which was why he looked for a house where he could have a pool. Mr. Uleck wondered what the Board would do if the whole block wanted pools, and he expounded. Mr. Abbott said X-rays showed he has a pinched nerves and various spine compaction. Swimming is one of the best, if not the best, exercise for stretching out your muscles. He elaborated. Mr. Uleck further commented. In acknowledgment of the Ordinance and setbacks, Mr. Boyar questioned why the pool could not have been designed differently. He drew attention to the curves which went outward. If the two bulges facing the waterway were cut off, it would result in a smaller variance. Mr. Boyar said Mr. Abbott would still have the length of the pool. It appeared to him that if the pool was designed differently, it would not have to be so close to the water. Mr. Abbott pointed out that the pool was very narrow. There was discussion. Mr. Boyar was curious as to why the pool was designed this way. Mr. Abbott replied that the pool company originally designed a standard pool, so they designed it that way. Aesthetically, it would be better this way. If the back of the pool was made straight, Chairman Thompson said Mr. Abbott would have two feet less across the back. Mrs. Lewis referred to Mr. Abbott's neighbor getting a variance for the screened enclosure after the Ordinance was passed. Mr. Boyar again referred to his suggestion, and Chairman Thompson said the Members had to keep in mind what was on paper and the variance the applicant was asking for. The Board could not offer recommendations. Chairman Thompson asked if anyone wished to speak in favor of, or against the granting of the variance There was no responseo - Vice Chairwoman Artis read a note from R. J. Philpott 1361S. W. 27th Avenue, which said he had no obiectio~ the pool would be an improvement to the neighb , and Philpott asked o~hood. Mr. the Board to authorize the pool. She also read a letter from D. Steven R. Silverman, Dixie Chiropractic Centers, that stated Mr. Abbott is suffering from a chronic lower back condition and that he should have daily thera- peutic exercises to help strengthen his condition. He - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 11, 1987 recommended that Mr. Abbott should swim daily to help rehabilitate his back. Mr. Boyar wanted to look at the site plan to see how far the pool of the property to the east was from the property line. Chairman Thompson apprised the Members that there are canals everywhere in this community, and many pools that are backed up to them had to come before this Board in the last ten or more years. After elaborating, he pointed out that one of the criteria the Board has is denying a person what other people enjoy. Next door and all down the line there are pools, although each case is based on its own merits. Mr. Boyar wished to add, for the record, that the pool next door is 3'1" from the line. Mr. Newbold added that it is also four feet from the house. Mr. Boyar also pointed out that the applicant's pool is not uniformly two feet from the property line. It is only at certain points. The two closest tangents are two feet. Mrs. Lewis thought it would be discriminating if they allowed the variance because the Board allowed variances since the Ordinance came into effect. There was discussion. Chairman Thompson called attention to the application and the applicant's answer "c" to question 5. The answer listed addresses of where screened pools are located. Chairman Thompson counted seven pools. Mr. Newbold did his research in the City Clerk's Office. He told of pools beingl approved in 1977, 1978, and said a screened enclosure was approved in 1982. Basically, variances were approved for pools all around Mr. Abbott. Chairman Thompson said there is not a lot of property left without pools. Chairman Thompson reminded the Members that they should treat this as one variance rather than ~wo because if the pool was denied, naturally, the screen would be denied. Mr. Boyar felt that since the neighbor to the east and many other people in the area have pools, denying the applicant the variance would deprive him of the enjoyment other people in his vicinity enjoy. The neighbor has a pool closer to the house than the applicant's pool would be. The neighbor also has a screened enclosure on the property line. Mr. Uleck noted there was only one pool on S. W. 27th Avenue, and they were saying everybody had a pool. There may be four or five across the canal, on 26th Avenue. Chairman - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 11, 1987 Thompson had named 12 pools and he said there was one at 1301S. W. 27th Avenue and one at 1261S. W. 27th Avenue. He guessed ten pools were behind the applicant's property. Mr. Boyar moved to grant the variance of six feet for the pool and eight feet for the screen enclosure. Vice Chairwoman Artis seconded the motion. The Recording Secre- tary repeated the motion and took a roll call vote on the motion, as follows: Mr. Eney Mr. Boyar Vice Chairwoman Artis Chairman Thompson Mrs. Lewis Mr. Uleck Motion carried 6-0. - Aye - Aye - Aye - Aye - Aye - Aye The variance was granted. NEXT MEETING The regular meeting, scheduled for May 9, 1988, has been cancelled as no applications have been submitted at this time. The next regular meeting of the Board will be on Monday, June 13, 1988. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:05 P. M. Patricia Rams eyer Recording secretary (One Tape) - 6 -