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Minutes 04-13-87 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA MONDAY, APRIL 13, 1987 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Lillian Artis George Mearns Ben Uleck Raymond Eney, Alternate Janice Lewis, Alternate ABSENT George Ampol (Excused) Henrietta Solomon (Excused) Alfred Newbold, Chief Plans Inspector Chairman Thompson called the meeting to order at 7:04 P.M. He introduced the members of the Board, Mr. Newbold, and the Recording Secretary. Chairman Thompson also recognized the presence in the audience of Mayor Nick Cassandra and former Vice Mayor Carl Zimmerman. Chairman Thompson announced that Mr. Eney's wife had passed away last week. He also announced that Board member Robert Gordon died last night at the hospital. Chairman Thompson said Mr. Gordon had served on the Board for nearly ten years and would be missed. MINUTES OF MARCH 9, 1987 Mr. Mearns moved to approve the minutes as received. The motion was seconded by Mrs. Artis and carried unanimously. ORGANIZATIONAL MEETING Chairman Thompson announced that there was to be an organi- zational meeting tonight, but with the death of Mr. Gordon and the absence of two Board members, that portion of the meeting would be postponed until the May meeting. NEW BUSINESS Chairman Thompson explained to the audience that the Board bases its decision upon what members see when they visit the site in question to decide whether the hardship that exists was caused by the City, County or State government or was self-imposed. He read the six criteria the Board also bases its decision upon. - 1 - MINUTES - BOARD OF ADJUSTMENT B©YNTON BEACH, FLORIDA APRIL 13, 1987 Chairman Thompson pointed out that this Board is not a majority Board. AnY three negative votes will deny the request, and five votes in favor are needed to grant the request. Case 9114 Applicant/ Owner: John H. Punte/Jeanne A. Yeend Request: Relief from R-i-AA zoning requirements on double frontage through lots, 25 foot minimum yard, swimming pools to be built within building line and property bordering streets to be con- sidered as front yards. Request a 10 foot set- back for pool to be built at rear of house, ibut fronting on a street. Also, relief from requirement that fence be ~a maximum height of 4 feet from building line ito front line along street. Request 6 foot fen!ce height. Address: 641 Castilla Lane Use - Single Family Residence Legal Description: Lot 31, Lee Manor Isles, recorded in Plat Book 24, Page 211, Palm Beach County Records Acting Secretary Artis read the application for Case 9114 and the responses to the six questions in paragraph 5. Jeanne yeend, 641 Castilla Lane, stated that she had been a resident of Palm Beach County for 35 years and a resident of Boynton Beach for 16 years. She said she has worked as a registered nurse at Bethesda Memorial Hospital and has taught in the Palm Beach County School System. Mrs. Yeend said she would never move into an area and do anything to run it doWn. Rather, she and her husband hoped to beautify the area. Mrs. Yeend said only one neighbor had. confronted her with objections to the variance request. She commented that none of the other people who signed the petition had ever talked to her or inquired what her plans were. Mrs. Yeend added that no one on Castilla Lane objects to her having the pool. She explained that she wanted a fence around the pool to keep children and other People from taking a short cut through - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 13, 1987 her yard, keep animals off her property, keep from having to look at a neighbor's unsightly yard, and to maintain privacy. In answer to Mrs. Yeend's comment that she did not really know why she had to appear before the Board, Chairman Thompson explained that what she was requesting (6 foot fence and swimming pool with 10 foot setback fronting on a street) was in violation of the Building Department codes. Mrs. Yeend noted that she had checked with the Building Department on two separate occasions prior to purchasing the house (because she knew they wanted to install a pool), and she was advised on both occasions that the setback lines were either 6 or 8 feet. No one pointed out to her about having two front yards and no back yard, even after xeroxing the microfilm plans of the house. Mrs. Yeend commented on all the money they had already spent on renovating the interior of the house, on surveys and soil tests, and to appear before this Board. In response to Mr. Uleck's inquiry, Mrs. Yeend said no one had informed them that the Code required a 25 foot setback. She said it was only when someone with Delta Pools questioned the situation that the City checked and discovered that the contractor was correct. John Punte, 641 Castilla Lane, concurred with his wife that no one had pointed out that their plans could not be carried out, even after seeing the xeroxed copy of the property. Mr. Punte thought having frontage on two roads was very rare. Mrs. Yeend said five building contractors had looked at their home; some of them said they had checked with the Building Department in Boynton Beach, and they all agreed to either a 6 or 8 foot setback. Mrs. Yeend pointed out that they were misinformed by many people. Mrs. Yeend said she never considered that she had two front yards; she thought the property to the north was her back yard. Chairman Thompson asked if it is permissible to have a pool in the front or back yard, as long as there is room. Mr. Newbold advised that a swimming pool is not allowed in a front yard. Mr. Punte interjected that it is allowed, if it is 25 feet back from the front building line. Mr. Punte said they did not have the necessary total of 40 feet to have a swimming pool. In response to Mr. Eney's inquiry, Mr. Punte said he planned to have a 6 foot shadow box fence with plantings on the out- side of the fence to beautify it. Mrs. Artis asked if one - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 13, 1987 of the front yards could be considered a back yard; Mr. Newbold answered that the Code was specific that any lot facing two streets is considered to have two front yards. Mr. Punte noted that a 4 foot fence would not give very much privacy. Chairman Thompson noted that there was 10 feet from the edge of the pool to the property line and asked what the requirement should be. Mr. Newbold replied that it should be 25 feet, since it is a frOnt yard. Chairman Thompson pointed out that, if the yard had been classified as a back yard, the applicants would not have needed a variance. Concerning the fence, Mr. Punte said it was suggested they plant a hedge instead, but he noted it would take years for the hedge to reach a 6 foot height. He added, if permission was granted to have the Pool, they would be willing to plant the hedge. Chairman Thompson asked if there was anyone who wished to speak in favor of granting the variance. Deborah Holthouse, 650 Castilla Lane, stated that she lived to the east of the house in question. She explained that her house was across the street, two houses away and facing their house. Mrs. Holthouse said the applicants had improved the home since moving there, and she felt anything they did to their home would improve the quality of the neighborhood. Mrs. Holthouse felt they have the right to privacy and to the pool, for personal and therapeutic reasons. Chairman Thompson asked if there was anyone who wished to speak against the granting of the variance. Richard Morse, 949 Isles Road, stated that he lived one lot east of the property where the pool would be located. Mr. Morse noted that most of the people who signed the petition against the variance live on Isles Road, although two of the people who signed live on Castilla Lane. Mr. Morse said they objected because they could possibly end up looking at an alley or long strip of 6 foot high wooden fences (if the other empty lots got variances in the future also). These homeowners felt they had the right to look out of their homes onto a planted grass area that is 25 feet back from the road. Mr. Morse did not believe granting this variance would do anything cosmetically for his neighborhood. John Notarianni, 945 Isles Road, said he lived west of the property. Mr. Notarianni said they were not objecting to the pool, but the fence. He said since both items were being made as one request and were in violation, the request should be denied. Mr. Notarianni said the applicants made - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 13, 1987 the mistake of not buying the home through a real estate agent, so they were not informed about the regulations and rules. Mr. Notarianni also pointed out that the people on Castilla Lane who were not objecting would not have the view of the fence, as he and his neighbors would. Chairman Thompson advised that there was one communication regarding this case. The communication, read by Acting Secretary Artis, was a petition signed by 18 people who opposed the granting of the variance. Mrs. Artis wished to clarify to those who had signed the petition that granting this variance would not give anyone else the right to this variance or set a precedent, as stated in their petition. Chairman Thompson asked other members for their opinions in this case. Mrs. Lewis felt that, since there were neighbors who opposed the request, the variance should not be granted. If no one had come forth in opposition, she would have favored granting the variance. She agreed that there was the possi- bility of the area having the appearance of an alley with the high fences (if the other open lots also constructed the fences). Mr. Uleck commented that putting a swimming pool there would not look good for the neighbors on that side of the property. Mr. Uleck said since they are in violation, he would deny the request for the variance. Mr. Eney believed there were certain unusual conditions that would not occur for most of the homes in Boynton Beach. He said there was a definite peculiarity to the property, as it did not have a back yard. Mr. Eney felt the owners were entitled to a pool. He further noted that Mr. Punte had commented that he could abide with a 4 foot fence, and so Mr. Eney thought the variance should be granted. In response to Mr. Mearns' inquiry, Mr. Punte said the property next to his also had a pool, was approximately the same depth, and was also double frontage. Mr. Mearns noted that the neighbors were objecting to the fence or hedge. He pointed out that the owners would be allowed to have a hedge or fence, if the swimming pool was not there. Mr. Uleck thought the other house's pool was installed before there was the 25 foot setback requirement. Mr. Newbold was not sure about that, but he explained other reasons why that pool was allowed. Chairman Thompson stated that the pool in question had quite a number of feet from the screened porch to the pool. He felt the owners could still install the pool without asking - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 13, 1987 for a variance, if the pool was brought back in to where the screened porch is located. Mrs. Artis pointed out, in fairness to the applicants, that the neighbor's hedge was in violation; it should be no higher than 4 feet. Mr. Newbold said that violation had been turned over to the Codes Enforcement officers. Mrs. Lewis wondered why the neighbors did not complain about the high hedge, if they complained about a fence that high. Mrs. Artis said it must be decided whether the hardship was caused by the City or the applicants. She believed the hardship could be removed if the applicants moved the loca- tion of the pool back. There was further discussion about how the owners could build the pool and still be in conform- ance with the Code. Mr. Newbold mentioned pulling the pool back in and having the screened enclosure around the pool. Motion Mr. Uleck moved to DENY the request for a variance for a 10 foot setback and a 6 foot high fence. The motion was seconded by Mr. Mearns. Chairman ThOmpson said an "Aye" vote wouldl be in favor of the motion to DENY the request. A roll call vote was taken on the motion: Mrs. Artis Mr. Mearns Chairman Thompson Mr. Uleck Mr. Eney Mrs. Lewis Aye Aye Aye Aye Nay Aye Chairman ThomPson announced that the request for a variance had been DENIED by a 5-1 vote. ADJOURNMENT Chairman Thompson noted there would be two cases to be heard at the May 11, 1987 meeting. He stated that the organizational meeting would be held during that meeting. Chairman Thompson also suggested that members extend their condolences to Mrs. GordOn on the ideath of her husband. There being no further business to come before the Board tlhe meeting was adjourned at 7:55 P.M. ' Linda Warlick Recording Secretary (One Tape) - 6 -