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Minutes 04-14-86MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 14, 1986 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis Geor!ge Mearns Paul Slavin Ben Uleck Raymond Eney, Alternate ABSENT Danny O'Brien, Alternate (Excused) Bert Keehr, Deputy Bldg. Official Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the Members of the Board, Mr. Keehr, and the Recording Secretary. He recognized the presence in the audience of Mr. Eney, Alternate Member, and Vice Mayor Carl Zimmerman. MINUTES OF MARCH 10, 1986 Mr. Slavin drew attention to the first line, third paragraph on page 18 and said "severe questions" should be changed to "several questions". Vice Chairman Ampol moved to apProve the minutes with the correction, seconded by Secretary Gordon. Motion carried 6-0. Chairman Thompson abstained from voting as he was not present at the meeting of March 10. ANNOUNCEMENTS None° OLD BUSINESS Cases Postponed - Final Action at Meeting of March 10, 1986: 1. Case ~99 Applicant: Owner: Legal Description: Sharon C. Yzaguirre Vincent Villafane Lot 8, Block 58A, LAKE BOYNTON ESTATES, PLAT 4-A, recorded in Plat Book 14, page 69, Palm Beach County Records - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Request: Address: Relief from R-iA zoning requirement of 60 ft. lot frontage to be reduced to 50 ft. lot frontage. Relief from 7,500 sq. foot lot area to be reduced to 6,000 sq. foot lot area for construction of single family residence 840 West Ocean Avenue Chairman Thompson believed everyone had heard the Board's criteria. Mr. Slavin informed him that everyone was heard and everything was discussed. The meeting was postponed because Mr. Yzaguirre stated that he could not buy any property on the other side, and the Board heard a lady make a definite statement that she will not sell any property on the one side. For the record, Chairman Thompson asked that Secretary Gordon read the application into the minutes. He asked if anyone representing the application was present. Mr. Keehr believed the owner of this property and the owner of the property in Case #100 were present but advised that Mr. Andres Yzaaguirre was not present. Mr. Villafane, Owner, told the Members Mr. Yzaguirre was out of the State. Mr. Gordon read the application and the answers to the six questions asked in paragraph 5. He also read an Affidavit signed by the owners which authorized Jose R. Uzal or Andres Yzaguirre to act as their Agent to secure a variance on the properties described in both cases. Mr. Slavin told Chairman Thompson that the Minutes of March 10, 1986 reflected everything that took place at their last meeting, and the record shows that one property owner refuses to sell any land on one side. Mr. Yzaaguirre was in touch with people on the other side, and they would not sell any property. Mr. Slavin said a suggestion was made that all action be postponed until tonight in order to permit them to either buy more property or else submit affidavits or letters that nobody is willing to sell. Vincent Villafane, 423 Wilder Street, West Palm Beach, and Manuel R. Sabugo, 834 Upland Road, West Palm Beach, came forward. Mr. Vincent said it was very important for them to be able to secure the variance because they are not able to purchase any other property to their left or right. The - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 persons definitely refuse to sell them any additional property. Mr. Villafane asked the Members to approve the variance so they will be able to use the land properly. Secretary Gordon asked if Mr. Villafane had tried to purchase land since last month's meeting. Mr. Villafane answered affirmatively and added that Mr. Yzaguirre had to leave town on an emergency and was unable to be at this meeting, but he had approached the person on the other side. Nobody wants to part with their property. Mr. Villafane observed that many buildings have gone up on 50 foot lots because those lots were platted as 50 foot lots, and people are building on their existing properties. Mr. Slavin said the Board knows the people on the right do not want to sell, and he asked if Mr. Villafane got a letter or a statement in writing from the people on the left that they would not sell. Mr. Villafane answered that Mr. Yzaguirre was to secure the affidavit but he had an emergency call and went to Boston, Massachusetts. The owners had to come to the meeting. Mr. Villafane spoke to Mr. Yzaaguirre before he left. Mr. Yzaguirre did approach the people, and they refused to sell. They were at that point when Mr. Yzaaguirre had to leave, and Mr. Villafane could not speak further with him. Mr. Keehr clarified for Chairman Thompson that Mr. Villafane owns the property described in Case %99 and Mr. Sabugo owns the property described in Case %100. The lots are back to back~ were platted in 1926 as 50 foot lots, and became non- conforming in 1975. Chairman Thompson asked if it was necessary that Mr. Villafane and Mr. Sabugo even attempt to buy property to make their property conforming. If there is vacant property, Mr. Keehr believed they should make an attempt. The property next to it is a 50 foot lot. To buy, Chairman Thompson commented they would naturally have to buy the whole thing because no one would sell a portion of it. Mr. Keehr also clarified that the lots to the east of these two lots are owned by a single person and are 50 foot platted lots, but the woman that owns them came before the Board and stated she does not want to sell. The land to the west is unplatted and is a metes and bounds large piece of property and the one Mr. Slavin asked the applicant to get something in writing for. Mr. Uleck referred to the land to the west and asked where a street would be put there. If the owner of the big parcel - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 of land does not want anyone to be in there, this owner would be against a fence or whatever it would have to be. The woman on the east has four lots. If the Board gives a variance on this lot, Mr. Uleck said the woman on the east will want to build two homes on her two lots. He asked if the Board would give her permission. Mr. Slavin informed him that the woman's property is grandfathered in, and she would not have to come before the Board. Mr. Slavin said, evidently, efforts were made to purchase additional property, and none is for sale. This is what they tried to determine at the last meeting. He thought the Board heard everything that had to be said and suggested Chairman Thompson "bring this to a head". When a person looks into the possibility of buying property on one side or the other, Chairman Thompson said this also creates a hardship. In other words, Mr. Villafane and Mr. Sabugo own lots there. If they are forced to buy property at whatever market is out there in order to conform, Chair- man Thompson felt they were facing a hardship. Mr. Slavin informed him that the records would show Mr. Villafane and Mr. Sabugo offered $2,000 over and above the market value, and they were turned down. He added that the hardship is there. It was not made by any one individual. Nobody is compounding it. This is the way the property was platted. Mr. Villafane and Mr. Sabugo want to put up a home, and Mr. Slavin said the area is landlocked. The minutes show one party said she will not sell. The builder went to Massachu- setts on an emergency and could not get additional property. The effort was made, and Mr. Slavin questioned whether the Board could deny them the use of their property. Chairman Thompson guessed he and Mr. Slavin were saying the same thing in a different way. If the owners had to purchase additional property, he was saying a hardship would be placed on them. Mr. Mearns asked if the hardship was not created when the owners purchased the property. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Mr. Keehr clarified that they were only talking about Case #99. Bob Fauser, 125 S. E. 6th Avenue, wondered if there was any written information from Mr. Yzaguirre that he tried to buy a lot to the west of the lot in Case #99. Mr. Slavin answered that they were supposed to bring in a notarized statement, but Mr. Yzaguirre was called out of town on an emergency. - 4 - MINUTES,BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Mr. Fauser pointed out that a motion was made by the Board that Mr. Yzaguirre had to have some written information or a notarized affidavit. It was a requirement made by the Board. Mr. Slavin reiterated that Mr. Yzaguirre had to leave town on an emergency. Mr. Fauser brought out the fact that he had one month to do this. Mr. Slavin did not know how busy Mr. Yzaguirre was but said the Board could only deal with what was in front of them at the moment. Mr. Slavin asked if Mr. Fauser felt it would not be fair to all parties to say one way "Yes" or one way "No" and that they should continue the postponement. Mr. Fauser replied that he could only say that was the Board's motion, and it was passed. According to what Mr. Fauser was broaching, Mr. Slavin remarked that then, nothing equitable could be decided. Mr. Fauser just wanted to remind the Board of the motion. Mr. Gordon and Mr. Slavin informed him that they had the minutes, and he (Fauser) was quoting from the minutes. Joseph R. Molina, 811 S. W. 6th Avenue, recalled that last month he stated this was a zoning matter, not a variance case. He looked in the County Law Library for information regarding such cases of hardship and found it in a City of Miami case. Mr. Slavin interrupted to say the Minutes of March 10, 1986 showed that Mr. Molina had said this was an area of density. He emphasized that the Board was only concerned with the property per se which was originally platted as a 50 foot lot and the law was changed to 60 feet. Anything beyond that had no bearing. Mr. Molina stated that he was speaking exactly in reference to the 50 feet as it relates to the 60 feet. Chairman Thompson informed Mr. Molina that the Board has the authority to grant a variance whether it is 25, 50, or 40 feet. That is the purpose of the Board, and the Board has the power to grant variances. Chairman Thompson stated that this is a hardship case. This land was platted for 50 feet many years ago and has been changed since that time. The Board is 100% right in making judgment on that property. Mr. Molina agreed but said it was adjudicated by the Board in Case ~s 99 and 100 that thel variance would be granted on the 50 foot lot. Mr. Slavin dlisagreed, emphasizing that nothing was adjudicated. Mr. Molina continued that the two - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 lots are 50 foot lots, back to back. When they purchased the lots, the owners had prior knowledge of the fact they were 50 foot lots, and they bought them. Now they are selling to a builder who wants to build on 50 foot lots. Chairman Thompson interjected that all variances are placed on the property and not on the owner. The property can change hands every day, but the variance will be on the property. Mr. Molina understood that. If the owners bought the property and wanted to sell it the next day, Chairman Thompson said that was fine as far as the Board was concerned. It would not make any difference. If the Board wanted to do it that way, Mr. Molina said that was their business, but he had cases to prove otherwise. If he could not present them to the Board, there was nothing he could do. He was trying to prevent any possible appeal of the case anywhere else, which he warned the Board might take place. Chairman Thompson responded that was highly possible in all of the cases, but the Board has the right to grant variances on the size of a property, and there was no sense in going into a long drawn out case to say the Board does not have that right. Mr. Molina offered to present the case for the Board's review, but said if they did not want him to, he would not fight about it. Chairman Thompson wanted everyone to understand that one of the functions of the Board is to grant a variance where the City has made changes to upgrade property. The Board also cannot deny a person the use of his property. If the Members want to go farther, Chairman Thompson said they look into all of the things they see and check out the things Mr. Molina probably checked out to see whether there is a hardship and whether it was placed on the property by the City. He stated that the City placed a hardship on the property. Although it would not determine his vote one way or the other, Chairman Thompson said the City created a hardship by upgrading the property from 50 feet to 60 feet. Mr. Molina said there was good reason for it. Chairman Thompson said they 'are all over the City. There are many cases where the property is only 25 feet. This is ten feet less than it should be, but Chairman Thompson pointed out that this person can meet all requirements, and there is no need to deny the person his request to build on the property. Legally, the Board cannot do it. Mr. Molina argued that the case where they are allowing it for a hardship did not apply here and should not be allowed. - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 What they were allowing the variance for should be an amend- ment to the Zoning Code. Mr. Slavin exclaimed that the Board has nothing to do with the Zoning Code. Mr. Molina said the Board was taking on that jurisdiction. Chairman Thompson said the Board has laws that are made by the Building Depart- ment and Councilmen together, and they abide by them. There was more argument. Mr. Molina said the Board was really telling this man to find himself more property that is available. Mr. Slavin thought the issue should be dropped because they heard at the last meeting that no property is available. Mr. Molina informed him that property is available on both sides of the lot. Chairman Thompson said the Board just wanted to hear the case that was before it. Daniel Boyar, 712 S. W. 3rd Avenue, expressed that when he looked over the minutes of the last meeting, there seemed to be a lot of conjecture and confusion about this issue, and it seemed difficult to resolve. He felt the Board had to consider the residents in the area. A corner of the neighbor- hood was involved, and Mr. Boyar said it is not really known what the future of that particular area will be. If the variance is granted, substandard houses will be built, and they really do not know who they will be built for. They were talking about square footage reduced by about 20% (the total lot size for each of the lots). Mr. Boyar thought that was significant and could set a precedent for other lots in the area. He thought the residents of Lake Boynton Estates would like to see the neighborhoOd have more conti- nuity to it than to have someone rush in and build something real quick without any careful thought. There was no need to develop the land instantaneously. Mr. Boyar pointed out that the area is not organized; you do not know who owns what over there or where the roads are going to run. They will put something in there and have a shoddy little corner, and he did not think it was right. If more people were informed of what was going on, Mr. Boyar thought they would agree with him. If anyone would read the results of the last meeting, he said they would see this could not be resolved. Mr. Boyar told the Board there was no reason to build or go forth with this because it was not a careful or cautious thing to do, and he did like the idea of the City setting a precedent. Mr. Boyar told the Members that the owners adjacent to these lots do not want to sell their land for a good reason. - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Presumably, they do not want anything built there. Maybe when they are ready to sell, the area can be built in a more thoughtful manner. For the record, Chairman Thompson asked if it was true that the land would meet all setbacks for the proposed building and would be the same for the entire neighborhood. Mr. Keehr confirmed that was true. Chairman Thompson's point was that this gentleman would meet all setbacks, and that included the house and square footage in the house. He felt there was no reason to deny any person, just based on that reason. Cases come before the Board month after month, and people say to those persons that they do not want them to build on that small a lot, but they meet all of the requirements of the City. Chairman Thompson said there possibly is not a community in the State of Florida nor any other State where all lots are the same size. There has to be a minimum, and this meets it. Even if the Members differ one way or the other, Chairman Thompson stressed that it would be unjust to the owner of the property to think in terms of denying a person the use of his property. He emphasized that the applicant would meet all of the Code. What Mr. Boyar did not like about it was the fact they would have houses squeezed in. The area is not fully planned, and they do not know where the roads will run. Mr. Boyar thought it would endanger the residents in terms of the overall value in the community. The buyers were not cautious when they bought the land, which is unfortunate, but the Board had to think of all of the people that live in the area and how they will be affected. The houses there are worth about $60,000 on the average; these houses will be worth considerably less, and Mr. Boyar thought other builders would come in. Chairman Thompson informed Mr. Boyar that the Board bases each case on its own merit. It was not meeting this Board's Code but the City's Building Code in terms of everything. Mr. Boyar argued that there are a lot of little lots in Lake Boynton Estates, and this would also allow that type of building to occur on the other little lots. In areas that require a front footage of 75 feet, Chairman Thompson said you have the same thing happening. Mr. Boyar guessed he came from the good side of Lake Boynton Estates where the houses are kept up well and are nice to look at. He worries about what the northwest side of Lake Boynton Estates will look like. - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Chairman Thompson asked if anyone else wished to speak against the granting of a variance. There was no response. There was only one communication, and Secretary Gordon read that Charles Guzzo, 132 Leisureville Blvd., was against any change in the present zoning law. Mr. Slavin could not follow a lot of things. If they would look at the minutes of March 10, 1986 and hear the discus- sions, he did not know if the house would be substandard or not, but it would meet all of the requirements. When he originally looked at the property, he saw some 50 foot lots with homes on them. For the sake of argument, Mr. Slavin said no land can be bought by these people. If developers build around them, and they have a 50 foot strip going back two blocks, he wondered what they would have, In Mr. Slavin's opinion, a developed piece of property with a home is more beneficial to the neighborhood than an empty lot that would become a garbage dump. Mr. Uleck could see granting the variance if the lot was landlocked between two buildings but when he saw vacant property adjacent to this, he could not see it. This gentleman bought the property in 1985 without even inquiring. Chairman Thompson told Mr. Uleck he was overlooking the fact that the variance is on the property and not on the owner. He did not care if 30,000 bought it after this or if the owner would sell it tomorrow. This Board had no right to say, "You're going to sell it. I can't give you a variance." They can't do that. The owner owns the land now. Chairman Thompson did not care what they would build next door because the variance would be on the property only. The owner bought property that needs a variance. Mr. Mearns questioned whether the owner created his own hard- ship. Chairman Thompson answered, "No," and added that the City created the hardship when they went from 50 feet to 60 feet. If the variance is on the property, Mrs. Artis asked if the variance would be transferred to the new owner. If a vari- ance is granted on the property, Chairman Thompson replied that it will stay on the property. He informed Mrs. Artis that the new owner would automatically get the variance. The variance would stay on the property unless there were more changes by the City government. Mr. Mearns asked if the owners brought in, and the Board received, the notarized statement that they could not get any - 9 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 additional property. Mr. Slavin understood that the man that was supposed to get the statement was out of town on an emergency. Mr. Mearns commented that could be very con- venient. Mr. Slavin did not deny that. Mr. Mearns also thought the Members should be realistic. Mr. Slavin reminded Mr. Mearns that he heard the owners state tonight that they could not get any additional property. There was some arguing. Chairman Thompson was not present at the last meeting but had he been there, he would have spoken to the City Attorney, or he would not have placed a stipulation or said a paper of any kind was needed that said a person made an attempt to buy. He has sat on the Board for over ten years and told the Members they placed a hardship on a person when they asked him to purchase property. The person could simply have said he could not afford ~t, and it would have taken care of all of that. Chairman Thompson told the Members they cannot place a hardship on a person by making him buy a piece of property. Vice Chairman Ampol informed Chairman Thompson that he was the Acting Chairman at the time. Being a Notary Public, he insisted on a notarized statement from the owner of the property, but he noticed the notarized statement was not here. The one thing about the whole case that troubled Chairman Thompson more than anything else was what the owner said and what Mr. Slavin said relative to the notarized paper. Mr. Slavin said it was in the minutes. He did not know the business acumen of the clients. At no time have they been represented by legal counsel or by a real estate person. The same facts that pertained to this case pertained to Case 100, and Mr. Slavin asked if both cases could be incorporated into one motion. As they started out with Case 99, Chairman Thompson thought it would be best not to combine them. Unless someone could clear it up or clear the Board of a doing that had been done, Chairman Thompson wanted a stipu- lation put on it until he could get a reply from the City Attorney as to the absence of the affidavit from the person trying to buy a piece of property, because it was in the minutes. In view of the fact that Chairman Thompson wanted the City Attorney to rule on this and wanted a stipulation, Mr. Slavin did not think the Board could make a motion one way or the other. - 10 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Mr. Slavin moved to postpone the case until such time as the City Attorney ruled on it because whatever the Board might do could be wrong. The motion died for lack of a second. Chairman Thompson thought the Board's intentions were good, but after some discussion, he explained his reasoning was that the Board overstepped when, in the minutes, they asked for the paper. He truly felt it was unnecessary. That being the case, Mr. Slavin stated the Board could vote the way it felt it should, taking into consideration Chairman Thompson's statement that the Board overstePped its bounds. Mr...Mearns commented that was only Chairman Thompson's opinion. Mr. Uleck pointed out that the Board had the power to grant or not grant a variance. Vice Chairman Ampol reiterated that being a Notary Public, he had insisted on a notarized paper and it was not here. Chairman Thompson's question was not whether the paper was notarized or not. He simply said he did not feel it was necessary for the parties to inquire whether they could buy additional property or not. It has never been done before. The Board has never asked people to get signed statements that they tried to buy additional property on either side. Now that it is on record that the Board said that, to Chairman Thompson it created a problem. Mr. Uleck referred to the lady that owns the 50 foot lots and asked whether a new owner could build on them if she sold her lots. Mr. Keehr informed him that the owner would have to come back to the Board. Since it had been a period of over two months, the Chairman asked for a motion and reminded the Members that the Board usually does not table things. Mr. Slavin moved to grant the variance in Case %99 for the following reasons: 1. On page 13, the minutes of March 10, 1986 show that Mrs. Scarboro made a statement before the Board that she will not sell any of her property. 2. The Board heard the applicants state that the people on the other side of them refused to sell property. 3. Vice Chairman Ampol 'felt they should get a notarized statement. Mr. Slavin said perhaps Mr. Ampol was right, over zealous, or protecting the people concerned, but they were not talking about people now but were talking about the property in question, which is at 840 West Ocean Avenue. - 11 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 3. In view of what they heard, the hardship was placed on the property by the City when it changed its Zoning Codes. The zoning regulations are not within the Board's control and not the Board's concern. Secretary Gordon seconded the motion. A roll call vote on the motion was taken by Mrs. Ramseyer, as follows: Secretary Gordon Mr. Slavin Mrs. Artis Mr. Mearns Mr. Uleck Vice Chairman Ampol Chairman Thompson Yes Yes No No No No Aye The motion was DENIED by a vote of 3-4. Chairman Thompson informed Mr. Villafane that the request was DENIED. Case #100 Applicant: Owner- Legal Description: Request: Address: Sharon C. Yzaguirre Manual R. Sabugo Lot 22, Block 58A, LAKE BOYNTON ESTATES, PLAT 4-A, recorded in Plat Book 14, page 69, Palm Beach County Records Relief from R-lA zoning requirement of 60 ft. lot frontage to be reduced to 50 ft. lot frontage. Relief from 7,500 sq. foot lot area to be reduced to 6,000 sq. foot lot area for construction of single family residence 841 S. W. 1st Court Secretary Gordon read the application and the answers to the six questions in paragraph 5. He advised that this case had the same affidavit that Case 99 had. There was discussion among the Members as to whether the minutes of March 10, 1986 stated that a notarized statement was required for this case. Mr. Villafane and Mr. Sabugo again came forward, and Mr. Villafane asked if the Board was also going to deny the variance on this lot because by the BOard denying the variance on the other lot, the land is now landlocked, He asked what the owners would do, since they did not create the hardship and the City created it for the land. - 12 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Mr. Villafane said he and Mr. Sabugo pay taxes and are being denied the use of their land, although other lots in there are platted as 50 foot lots. He referred to Mr. Uleck's statement that a person owning property does not need a variance but if the person sells the property, the buyer would have to approach the Board for a variance. Mr. Villafane questioned whether they would also be denied a variance due to the fact that he was denied one or if it was a prejudicial vote. Chairman Thompson answered that the Board's decisions are based on each case. Mr. Villafane stated that here was another 50x120 foot lot with the same hardship. Mr. SabUgo cannot afford to buy any other land because he does not have the money and his resources are limited. Mr. Villafane asked if Mr. Sabugo would be denied because it is also a 50 foot lot. If the lot is sold, and the buyer approaches the Board for a variance, he wondered if that would also be denied due to the fact he was denied the right to build on his 50 foot lot. Mr. Villafane told the Board another hardship was created which could border on discrimination. He thought more ques- tions had arisen that needed to be answered when it was denied. Mr. Villafane continued that more land is in there, and they are building on 50 foot lots right now. He appealed to the Board not to close their eyes and let it be forgotten that these lots have been platted by the City, and there are more lots which will have to come back before the Board for a variance. Mr. Villafane asked the Board to reconsider what they just did because his lot is not the only 50 foot lot. He questioned whether he was being discriminated against. Mr. Villafane wondered if it was due to his ignorance, and he alluded to one of the Members saying he had to bring a notarized statement. He reminded the Board that they heard a person say they would not sell their lotsw reiterated that he is landlocked, and repeated prior statements. Mr. Villafane thought it was more than just a simple question of denial. Money has been spent. The question had come up about what kind of building there would be, and Mr. Villafane recalled that the Board said it would have to meet the standards of the City. A gentleman said the houses there are in the $60,000 bracket. Mr. Villafane said maybe the house they would build would be much more expensive than a $60,000 home. He commented that it was a very delicate question. - 13 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 AS his request was denied, Mr. Villafane felt Mr. Sabugo's request would also be denied because the Board could not deny one request and grant the other request on the same identical piece of land in the same identical place. He emphasized that the Board could not deny on the basis of discrimination or prejudice and repeated that it had to be reconsidered. When he purchased the land, Mr. Uleck told Mr. Villafane he should have inquired. Mrs. Scarboro has owned her lots for many years and could build on them, but if she sells to a builder, the builder will have to do what Mr. Villafane was doing. Chairman Thompson interrupted to say Mr. Uleck's point was out of order because the variance is on the property only. The Board does not care about who owned the property before or who owns it later. Chairman Thompson did not want the Board to go on record saying they are voting on ownership. Chairman Thompson told the Members to keep that in mind. The Members have been to workshops, and Chairman Thompson exclaimed that the Board cannot deny a person the use of his property. Legally, they cannot, and he did not want to put the City or Board in that position because he pays enough taxes in Boynton Beach. Mr. Uleck referred to a person buying property without investigating. Chairman Thompson argued that he does not have to investigate it. Mr. Uleck said the property is ten feet short, and the owner is asking for a variance. Chairman Thompson reiterated that the variance is not on the owner but on the property. Vice Chairman Ampol thought Mr. Villafane made a very good appeal and said the Board would like to rule with the heart, but they have to stick with the City Code. Mr. Slavin thought the record spoke for Case #100 as it did for Case ~99. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the granting of the variance. Joseph R. Molina, 811 S. W. 6th Avenue, called attention to Chairman Thompson's statement about paying taxes and said everyone was concerned about the taxes they pay. He said nothing in the area was worth $60,000 because the homes start at $69,000 and go up from there. - 14- MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 When he said that, Chairman Thompson simply said taxes. He was sure anything built on the property or on any property in Boynton would cost $60,000 plus. Mr. Molina said a self-imposed, self-acquired hardship such as purchasing property under existing zoning and then apply- ing for a variance is not the kind of hardship on which a variance should be granted. As used in the City Charter and as contemplated in this sense, the authorities seem uniform on the proposition that the difficulties of hardships relied on must be unique to the parcel involved in the application for the variance. They must be peculiar to that particular property and not general in character, since difficulties or hardships shared with others in the area go to the reason- ableness of the zoning generally and will not support a variance if the hardship is one which is common to the area and remedy is to seek a change of the zoning for the neighbor- hood rather than to seek a change through a variance for the individual owner. Mr. Molina said it was not true that just because there are 50 foot lots around there, they can build on them. He read that some exceptional and undue hardships for the individual landowner, unique to that parcel of property and not shared by the property owner in the area, is an essential prerequi- site for granting such a variance. If he was quoting what the Board should and should not do, Chairman Thompson told Mr. Molina he was out of order. Mr. Molina was making the statement in pure fact that there was no real hardship here. Chairman Thompson told Mr. Molina he could say that, but pointed out that he was quoting some- thing. Mr. Molina argued that it was within his right to do so and said this case would set a precedent that anyone, builder or otherwise, who wants to buy a 50 foot lot and come to the Board to build on it can do so. He thought it was wrong and should be denied., Chairman Thompson retorted that it was a matter of opinion. Bob Fauser, 125 S. E. 6th Avenue, believed Mr. Molina was quoting from an article he quoted from in November, 1985, on a similar case (when Mr. Brown was purchasing property with a 50 foot frontage). It comes from Florida's Zoning and Land Use Planning. Mr. Fauser was not trying to be diffi- cult but was trying to make the point that it is Florida case law that when cases like this have been appealed to State Courts, the State Courts have ruled in these instances. If he was going to say that should set a precedent, Chairman - 15 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 Thompson cautioned Mr. Fauser that maybe he should not say it. Mr. Fauser reminded Chairman Thompson that he read this same thing in 1985 and emphasized that it was Florida law. Mr. Fauser quoted that one circumstance that must be avoided is getting in the position of a self created hardship. Self created hardship cannot constitute the basis for a variance, and Mr. Fauser said it listed various cases. His point was that purchase for development with the knowledge that the present zoning prohibits the planned use was precisely the factual context that Courts will deem to be a self created hardship. Mr. Fauser alluded to the Brown case and then emphasized that in this case, Mr. Yzaguirre said he cannot purchase land west of this parcel that he wants to get the variance on. Mr. Fauser began to refer to a September, 1983 case when Mr. Slavin interrupted to ask what 1983 had to do with 1986. Mr. Fauser replied that it was a similar case and again wished to make the point that Mr. Brown purchased Lot 45 in Lake Addition of Boynton Estates, which was a 50 foot lot, and Mr. Brown said to 'the Board that night, "I can't purchase Lot 44 next door because I can't afford it." He was given the variance. In February of 1984, Mr. Brown purchased the two side lots (Lots 43 and 44) after telling the Board he could not purchase them, so Mr. Fauser emphati- cally said this is something that people have done° Chairman Thompson advised that Mr. Brown had the legal right to do that and asked, "Who knows what happened between that time?" He informed Mr. Fauser that the Board had a workshop with probably the best in the State of Florida because he teaches those who write the Codes. There was arguing. Once again Chairman Thompson said Mr. Fauser was quoting something the Board had no knowledge of and that he quoted something that could have changed from the time of the original pur- chase. Mr. Fauser made his point and was not going to argue. Daniel Boyar, 712 S. W. 3rd Avenue, Lake Boynton Estates, said the purpose of the zoning was for larger 75x100 square foot lots in order to help lower density, not increase it. Chairman Thompson did not understand Mr. Boyar's point and informed him that this Board does not deal with zoning. Other Members on the Board agreed with Chairman Thompson. Mr. Boyar said the owner picked up the property at a bargain price. Chairman Thompson did not think that should come before the Board and requested Mr. Boyar to direct his comments to the things the Board was concerned with. - 16 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 If the variance is achieved, Mr. Boyar thought the owner would make out all right. Building on smaller lots will reduce the value of the houses in that area, and he said the Members had to consider all of the residents there that will be stuck with the Board's decision. Mr. Boyar felt maybe all of the possibilities had not been examined. He also thought it would set a precedent for all lots to be built with those specifications. Mr. Boyar wondered if anyone inquired as to whether any of the neighbors were interested in buying that land. Chairman Thompson told Mr. Boyar a letter was sent out to all of those within 400 feet of the area, and that is all that is done. The Board does not care if anyone is inter- ested in buying the property or who buys it. Mr. Boyar wondered why they should rush into this and make a decision. He thought it would be better if they would let it ride, as maybe some careful, thoughtful solution could be arrived at, and t~old the Members not to make a mistake because they would have to live with it, along with the people in ~the area land him. Chairman Thompson asked Mr. Boyar what the frontage of his lot is. Mr. Boyar believed it was 60 feet but said he could not really tell him. He added that it is a large lot. Chairman Thompson asked if anyone else wished to speak. There was no response. There was one communication, which Secretary Gordon read. Mr. Charles Guzzo, 132 Leisureville Boulevard, wrote that he was against any changes in the present zoning law. Secretary Gordon questioned whether Case 100 required a notarized statement. Vice Chairman Ampol asked if the minutes of March 10 had mentioned a case number. Mrs. Artis replied that both case numbers were mentioned together. Mr. Slavin drew the Chairman's attention to page 9 of the minutes of March 10, 1986. Mrs. Artis asked what determines "landlocked". Chairman Thompson answered that there is no additional property to be bought. There could be property that is not for sale or available. Mr. Keehr agreed that would be the answer. As a Board, Mr. Mearns asked if they did not have an obliga- tion to see that if other property is available that it be acquired in order to make a conforming property. Chairman Thompson stated his personal answer would be "No". In other - 17- MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 words, the Board votes on what is before them. If a person owns three contiguous lots, Mr. Keehr said you can make them conform by dividing them up. Chairman Thompson's argument was if a person does not own that property, how could someone suggest that he buy it because the person might not have any money. Even if the person had the money, he might not want to spend it for any more property. If he bought two lots after the zoning had been changed, Mr. Uleck said it would be compulsory for him to build one house on the two lots, and he could not ask for a variance on one 50 foot lot because he owns the other lot. Mr. Keehr agreed that he could not ask for relief because he would have no hardship. Mr. Slavin moved to grant the variance for Case 100 on the property located at 841 S. W. let Court for the following reasons: 1. It has been established that the property is landlocked. 2. The Board has heard statements from the owner, and he imagined if this was a Court of law and the owner was sworn in, the statement would still be that the property is land- locked. The owner cannot buy any property to the east or to the west. 3. The hardship was not self-imposed. Vice Chairman Ampol seconded the motion because he would rather see a house there than a lot of garbage on an empty lot. A roll call vote on the motion was taken by Mrs. Ramseyer, as follows: Mr. Slavin Mrs. Artis Mr. Mearns Mr. Uleck Vice Chairman Ampol Chairman Thompson Secretary Gordon Aye No No No Yes Aye Aye The vote was 4-3. Chairman Thompson advised that the request was DENIED by three votes. The Board took a break at 8:35 P. M. 8:42 P. M. The meeting resumed at - 18 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 14, 1986 OTHER BUSINESS Organizational Meeting for 1986 Chairman Thompson thought everyone received a letter from Mayor Cassandra stating the terms of each person. Mr. Slavin moved that the present slate of officers continue for the year 1986, seconded by Mrs. Artis. Chairman Thompson thought the offices should be taken separately. Mr. Slavin moved that Vernon Thompson, Jr. be reelected to the office of Chairman. As there were no other nominations, Vice Chairman Ampol moved that the nominations be closed, seconded by Mrs. Artis. Mr. Slavin moved that Vice Chairman Ampol continue for the year 1986. There were no other nominations. Mr. Slavin nominated Secretary Gordon as Secretary for the year 1986. There were no other nominations. The Officers were reelected by acclamation. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:45 P. M. Patricia Ramseyer {~ Recording Secretary (Two Tapes) - 19 -