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Minutes 11-10-86MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 10, 1986 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary Lillian Artis George Mearns Paul Slavin Raymond Eney, Alternate Danny O'Brien, Alternate ABSENT George Ampol, Vice Chairman (Excused) Ben Uleck (Excused) Edgar "Bud" Howell, Building Official Chairman Thompson called the meeting to order at 7:05 P. M., recognized the presence in the audience of Mayor Nick Cassandra, Vice Mayor Carl zimmerman, and Bob Fauser, an interested citizen, and introduced the Members of the Board, Mr. Howell, and the Recording Secretary. Mr. O'Brien had not yet arrived, and Mr. Eney was requested to sit on the Board. MINUTES OF SEPTEMBER 8, 1986 As there were no corrections to the minutes, the minutes were approved as received. Chairman Thompson informed the audience that the Board did not have a meeting in October. ANNOUNCEMENTS None. OLD BUSINESS Case to be presented on 11/10/86 Case ~105 Applicant,/ Owner: Goldie Fisher Request: Relief from R-iA zoning requirement of 60 ft. minimum lot frontage to be reduced to 50 ft. lot frontage. Relief from 7,500 sq. ft. lot area, to be reduced to 6,625 sq. ft. lot area - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTONBEACH, FLORIDA NOVEMBER 10, 1986 Proposed Use: Construction of single family residence. Address: 731 N. E. 8th Avenue Legal Description: Lot 44, Block 4, LAKE ADDITION TO BOYNTON, recorded in Plat Book 11, Page 71, Palm Beach County Records Chairman Thompson pointed out to the audience that the Board does not make a majority vote. It takes five Members to approve any application, and three negative votes will disapprove it. Tonight they did not have a full Board, but six people would be voting. (Mr. O'Brien had not yet arrived.) Chairman Thompson said this application had previously been before the Board. He said the Board bases its decisions upon six criteria and also upon what they see when they go out and look at the plot in question to find out whether the hardship that exists was caused by the City, County or State government in some way, or was self-imposed. Their decisions are also based on other things that are brought to their attention that perhaps they may have overlooked had they not had someone do some research for them. Chairman Thompson read the six criteria. ~ Secretary Gordon read the application and the responses to the six questions in paragraph 5. Mrs. Goldie Fisher stated that she now lives at 138 N. E. 16th Avenue, a house that she sold, but the purchasers have permitted her to stay there until she can get a place built. She, of course, thought she would get the variance earlier, but the case was postponed. Jim Cassidy, Mrs. Fisher's son, said he had lived at 138 N. E. 16th Avenue but is now residing in Miami. He understood the Board to mention that some undue hardships would be considered. When Mrs. Fisher bought the lot, Mr. Cassidy said she was like some people who do not understand all of the ins and outs of what you are supposed to do and not supposed to do and even what a variance is. At the time she bought the lot, Mrs. Fisher was not aware that she would be needing something like that. Of course, she found out very abruptly that she did need a variance. - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 In the meantime, Mrs. Fisher had gone through a great deal of expense. She had sold the existing home that she had, paid an Architect for plans, had the soil tested, got involved With a contract with piling and structural engineer- ing report, had a survey report, and paid the filing fee, which Mr. Cassidy understood should not have been paid because a variance had not been issued° Mr, Cassidy asked the Members to consider the situation Mrs. Fisher was in, along With the other things that they must consider in the City'S interest. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the grant- ing of a variance. Harold Werger, 1306 N. W. 7th Street, got the notification and request for a variance and checked with the City Clerk. The City Clerk advised him that there is vacant land on either side of this property. Some years ago, Mr. Werger said the City Council passed an Ordinance that made it a minimum of 60 feet frontage before a lot could be built on. Otherwise, Laurel Hills and all of Boynton would have been flooded with houses on 50 foot lots, and that would have reduced the property values tremendously. Granted, you can put a house on a 50 foot lot with the required square footage, but Mr. Werger asked the Members to remember that if they drive through Boynton, there are two or three cars in front of every house. More cars are parked on the driveways, swales, and streets, which makes it very hazardous, and it does not look very well for the neighbor- hood. Mr. Werger said that is! something that will happen on a 50 foot lot because there is not adequate room to park the necessary cars that everybody tends to own today. In view of the fact that there is vacant land on either side of Mrs. Fisher's property, Mr. Werger thought Mrs. Fisher should do just like everybody else has done when they bought. He had to buy extra land in order to build his house and meet the Ordinance. Mr. Werger did not think there should be a variance granted in view of the fact that there is vacant land on either side to be purchased. Mr. Slavin asked Mr. Werger when he built his house. Mr. Werger answered, "Two years ago," and confirmed it was in 1984. - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 No one else wished to speak against the granting of the variance. Mr. Cassidy wished to speak. Chairman Thompson replied that he could, if what he had to say would be in addition to what he had said or was something different, but if the opposition wished to speak, he would grant him the same time. Mr. Cassidy understood Mr. Werger's concern about the value of the property going down, particularly if he made a major investment in the area. If Mr. Werger would look at the preliminary plans the Architect had drawn of the house, Mr. Cassidy did not think there would be any way Mr. Werger or the Board could construe it other than an improvement in the property. Mr. Cassidy said the value of the home will be in keeping with what is around there and a considerable improvement in terms of value. Mrs. Fisher is building the home to live in. It is not something she is doing to make a "quick buck". Everything is being done right as to what they are putting into the home, as well as the parking space, driving space, two car garage, and security system. Mr. Cassidy thought Mr. Werger would find it will be an improvement to the neighborhood and not something that will be an eye sore or something that will run down the neighborhood. If the Board had concerns about it, he said he would be happy to share the plans with the Board. Mr. Gordon read the following communications: C. Stanley and Erna Y. Weaver, 322 S. W. 8th Avenue, by letter dated October 29th, wrote that granting the request, and others like it, would tend to continue the downgrading of the neighborhood. This area, with good planning and more practical zoning, could be a tremendous asset to the whole city. 2. By letter dated October 30, Daniel E. Magnus and Frances E. Magnus requested the Board to deny the request for variance (1) because the request is in direct violation of the established ordinances in the City; (2) by per- mitting the variance, the entire area will be subject to increased density in housing, and the overall result will be a degradation of the living environment and a decline in property values of existing homeowners; and (3) the Board will be setting a precedent. - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 On a copy of the Notice of Hearing, M. J. Miler, #410 Harbour Inlet Club, wrote, "Yes, anything for improving of the area." Chairman Thompson recognized the presence of Danny O'Brien at 7:20 P. M. Chairman Thompson commented that he found after going all over the City many times since the upgrading of the City Codes, about 1/2 of the City is in violation. Mr. Howell thought 1/2 might be a little high. Chairman Thompson believed Mr. Howell would find all properties from Boynton Beach Boulevard to the north border line have 50 feet front footage or 25 feet. You run into the same problem to the west. There are few lots in the City of Boynton Beach that have frontage which meets today's Code. Mr. Howell thought the Council, in their wisdom, was trying to be fair. He felt they realized they had many 50 foot platted lots in the City, and that was why the Ordinance was written like it was. If land was available, it gave a person a chance to comply. Mr. Howell thought it was probably the Council's wish that if land was there, the person would exhaust those efforts to try and get that property to comply with the zoning. He added that maybe it was a hardship on the Board to decide whether that person has the ability but, in all fairness, he thought it was something they had to weigh in their own minds. Chairman Thompson agreed it was to upgrade the City. Many people were able to purchase land next door to them, but then there were cases like the one before them tonight where there had been land, but no purchase had been made by either party on either side. Mr. Slavin saw the property for the second time this morning. and was talking to Mrs. George E. Nicholar, who lives at 721 N. E. 8th Avenue. Mrs. Nicholar was rather vehement in what had taken place when the property was owned by the Robert P. Brown family. It seemed that there was a strip of land where there was one lot with 100 feet that was cut in half. Part of it was sold to somebody, who immediately went ahead and sunk pilings in, and applied for a variance. Mr. Slavin did not know what happened, but he was told that the title reverted back to the Brown family. Mr. Slavin said to the east of this lot is a vacant lot, and then there are two lots on the northwest corner of N. E. 7th - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 Street and N. E. 8th Avenue, which do not affect the lot in question. Lot 43 has pilings on it, a lot of weeds, and is overgrown. Nothing is being done there. It looks like some work was done on Lot 44. It is covered with a hay like substance. Lot 45 is growing wild. Mr. Slavin did not know whether an effort was made by Mrs. Fisher to secure any land over there. For the sake of argu- ment, if Mrs. Fisher wants to buy 10 or 20 feet, he wondered what would become of Lot 45. Again, Mr. Slavin said they have a blight in the area. Mr. Slavin referred to minutes of what took place before the Board a year ago with the Brown family, where they were pass- ing title back and forth. Somebody applied for a variance. That was subsequently found out, and Ms. Beverly Bottosto applied for, and received, a variance on Lot 43 on January 9, 1984. Ms. Bottosto never closed on the lot, and it remained in the ownership of a Mr. Fleming. Mr. Slavin did not know who Mr. Fleming was. The contract for sale to Mrs. Fisher was signed by Robert Brown. Mr. Slavin remarked that again, the Board had this confusion. Mr. Slavin continued by saying Mrs. Fisher, in good faith, bought a piece of property to build a house on. He did not know whether Mr. Brown smooth talked her or not, but she bought into a hardship. The property was originally platted as 50 feet. The previous City Council, in upgrading the City, made it a 60 foot frontage. According to the survey, the property is 105 feet in depth. Mr. Slavin asked if Mr. Howell had seen the plans for the building. Mr. Howell had not. Mr. Slavin asked if the property would support a house that size. Mr. Howell answered affirmatively and added that they could meet set- backs. Mr. Slavin thought they should adjudicate this tonight, and he called attention to the past records and minutes they had to go by. He could appreciate people who bought other land and met the Code. Maybe they would say Mrs. Fisher should buy more land, but Mr. Slavin pointed out that the price may be prohibitive, and he wondered where the Board would go from there. When this first came before the Board, Chairman Thompson recalled it was "quite sticky". Originally, there were three lots. Part of it was sold off. At that time, the owner owned all three. There is a City Code that says if you own - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 exactly three lots, you can divide them up and make two lots. At that particular time, one lot (Lot 44) was sold. Mr. Slavin confirmed, from the Building Department's Fact Sheet, that on January 9, 1984, a variance was given on Lot 43. Chairman Thompson guessed they were faced with the same problem they were faced with one year ago. After discussion, Mr. Slavin said Robert P. Brown sold the property to Mrs. Fisher. It was the same "badminton game". When it came to selling the property, Mr. Brown came up as the owner. Mr. Slavin read a letter dated June 27, 1986 from Flagler Title Company, saying a Corrected Warranty Deed would be re-recorded to correct the buyer's name to read "Goldie Fisher." He made further comments. It seemed to Chairman Thompson that it was a problem the Board had to deal with again, one way or the other, and they had no other choice than to deal with it. Mrs. Artis asked who Lots 43 and 45 belong to. Mr. Eney had a sheet that indicated that Santina Sally DuBois bought Lot 43 in March of 1984, and Mr. Brown conveyed Lot 45 to his mother (Patricia Brown). In granting a variance to Mrs. Fisher, he felt it would put Mrs. DuBois and Mr. Brown's mother in the same position as Mrs. Fisher. Mr. Howell advised that would have been submitted. It appeared to Mr. Eney that the other two lot owners were just waiting on the sidelines to see if Mrs. Fisher would get a variance. If so, they would have good cause to come in because their proper- ties are isolated. There was discussion as to whether the Brown family owned the property prior to the upgrading of the Zoning Code, and whether the lots would be grandfathered in. Mr. Eney noted that Mr. Brown bought Lots 43 and 44 on the 27th of February, 1984 (Paragraph %4, Building Department Fact Sheet for Meet- ing of November 4, 1985 on property owned by Robert Brown). In March of 1984, Chairman Thompson said Mr. Brown sold Lot 43 to Mrs. DuBois. Paragraph %6 of the Fact Sheet showed that Mr. Brown sold his interest in Lot 45 to Patricia M. Brown on the 4th of September, 1985, just a month or so before the Board of Adjustment meeting on November 4, 1985. Chairman Thompson recalled the question came up as to why Mr. Brown gave a quit-claim deed to sell the property. Mr. Eney observed that apparently the Board of Adjustment (BOA) determined at one time to give Lot 43 the variance - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 requested. Chairman Thompson confirmed that a variance was given on January 9, 1984, but they never closed on the property and it still remained in the ownership of Mr. Fleming. Mr. Howell reminded the Board that the variance stays with the lot, no matter who owns it. Chairman Thompson guessed they kept going back to Lots 43, 44 and 45 because they were tied in together when they first came before the Board. Mr. Howell informed Mrs. Artis that someone could build on Lot 43 if they met the setbacks. Mrs. Artis ascertained that Lot 45 could come before the Board, but not Lot 43. Mr. Howell pointed out that the Board was now faced with a little bit different situation, if they had three lots before, because they now had two lots. He thought they had some legalities here. Mr. Howell recalled that the Board's Attorney had advised them at one time. Chairman Thompson was sure the Recording Secretary had a copy of the Fact Sheet for the record and said it was in reference to all that the Board had been talking about. A copy of said Fact Sheet is attached to the original copy of these minutes as Addendum A. Mr. Slavin read a letter from Bert Keehr, Deputy Building Official, sent by certified mail on March 31, 1986 to Robert Peter Brown, that said it was his (Keehr's) opinion that Lot 44, "regardless of the owner, will not ever qualify for a variance in lot size. . ." A copy of this letter is attached to the original copy of these minutes as Addendum B. Mr. Slavin said the Warranty Deed dated June 6, 1986 reflected the sale of property by Robert P. Brown to Goldie Fisher. He brought out the fact that Mr. Brown knew what he was doing when he sold Mrs. Fisher Lot 44. Mr. Brown got out from under. Supposedly, there is no more land for him to build on and, unfortunately, Mrs. Fisher was in the middle of the whole situation. Mrs. Artis determined that legally, Mrs. Fisher's lot was landlocked because Lot 43 already has a variance, and Lot 45 is owned by another person who is not going to sell. Mr. Howell knew of nothing in that situation that would keep an owner from selling. In other words, if whoever got a variance on Lot 43 owned all three lots, he did not know of any way legally that the City would have anything to say as - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 to whether he sold the lots or not. Mr. Howell was sure when Mr. Keehr saw the situation, he was probably trying to get Mr. Brown to divide that into two lots, which would have been ideal and would have been the wishes of the City fathers. Motion Mr. Gordon thought looking at the case a second time was enough. In his opinion, it was much nicer to look at a new home than a vacant lot which, as they have seen throughout Boynton Beach, turns into a City dump. Therefore, he moved to grant the variance, seconded by Mrs. Artis. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 6-0. Discussion Chairman Thompson explained that he voted the way he did because he felt a hardship had been placed on the property. It was too bad, in this particular case, that Mr. Brown was "two or three steps ahead of the City." In doing this, Mr. Brown placed hardships on two pieces of property that you could either build on or let stay there and collect debris from the City. Chairman Thompson expressed that it was a sad case, and he explained. If the Board had turned this down, another year would have passed, and the property would be vacant and like it is now. Chairman Thompson felt it was too nice a piece of property to just sit and not be used. He hoped the design would enhance the beauty of the neighborhood. NEXT MEETING Chairman Thompson announced the next meeting will be on Monday, December 8, 1986. ADJOURNMENT There being no further business to come before the Board, Mr. Gordon moved, seconded by Mr. Slavin, to adjourn, and the meeting properly adjourned at 7:53 P. M. Patricia Ramseyer 7 Recording Secretary (One Tape) - 9 - TO: F ROM: REFERENCE: CASE NO. & ADDRESS: 84 ~731 N. E. 8th Avenue · N ~'.~EETI~ G DATE: November 4, 1985 CURRENT ZONING R1A DESCRIPTION OF LOT: Lake Addition to Boynton, Block 4, Lot 44 Robert P Brown VARIANCE REQUIREb: Lot Size Board of Adjustment Members City of Boynton Beach Staff Staff Site Analysis - Board of Adjustment FACTS: On April 4th, 1985, Eva Michelle Simmel filed an application for a variance with the Building ~epartment for Lot 44, Block 4, Lake Additio to Boynton. The owner of Lot 44 was Mr. Robert Brown, who also owned Lot 45 at that time. After a waiting period, Miss Simmel, did not prove ownership, therefore Mr. Brown is now the applicant for this variance. 2. Mr..Robert Brown, the applicant fo~ the subject lot, applied for and received a variance for abutting lot to the east '(Lot 45). On September 12th, 1983 at the meeting, Mr. Brown stated it would be a financial burden on him.to have to buy the two (2) Lots 43 and 44 (west of Lot 45) as the_owner wanted $25,000.00. Owner of these lots was Mr. Carl Fle~ming. 3. Miss Beverly Bottosto applied for and received a variance on Lot 43 on January 9th, 1984. Miss Bottosto never closed on this lot, it remained in the ownership of Mr. Fleming. e a Mr. Brown purchased Lots 43 & 44 from Mr. Fleming on the 27th of February 1984. Mr Brown sold Lot 43 to a Mrs. Santina Debois in March of 1984. Fr. Brown, by Quit Claim Deed, sold his interest in Lot 45 On the 4th of September 1985 to Particia M. Brgwn. 7. Ail three (3) lots a~re still vacant. Att.: Minutes of variance for Lots 43 & 45 Xc: City Clerk Recording Secretary City Planner . City Manager Members - Board ~f Adjustment ADDENDUM A 0f~' 3/86 E~', *CORRECTED COPY - Mr. 'Bro~ BOYNTON BOYi~iTOI~ I~[AI:;:H. FLORIDA 33,135 March 31, 1986 OFFICE OF DEPUTY BUILDIN~~'OFFICIAL *Robert - Mr. Pete= Bro~ 701 S, Seacrest Blvd. ~'~Boynton 'Beach, Florida 33435 Dear It has'come to the attention of the Building Department that you ...... have'started, to-improve .your property on N. E. 8th Avenue, specifically, Lot 45, Lake Addition to Boynton. This department has not yet recei%ed your application and final plans for cons%ruction; therefore, I would li~e to bring to your attention a few facts. ' Our records ind~c'a~e, you are still the owner of Lot 44 which abuts ithe subject Lot 45 that was denied a variance just last year. With the 'pas~t record of ownerships'of Lots 43, 44 and 45 'by yourself and others, it is my opinion that Lot'44, regard%ess of the owner, will not ever qualify for a variance in lot size and therefore will not be able to be a builtout lot.. - ~'"' Under the circumstances, I would like to suggest you include in your planning for Lot 45., Lot 44 with Lot 45 as a single building site and avoid leaving an unusable lot. If I can be of a~y further assistance, please 'feel free to contact Xc: Central Files CERTIFIED MAIL ~P327 '944 961 *#P327 944 974 Sincere ly, Deputy Buildin'g Official ADDENDUM B