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Minutes 03-10-86MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MARCH 10, 1986 AT 7:00 P.M. PRESENT George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis George Mearns Paul Slavin Ben Uleck Raymond Eney, Alternate Danny O'Brien, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Vernon Thompson, Jr., Chairman (Excused) Vice Chairman Ampol 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 Danny O'Brien, Alternate Member; Councilman Carl Zimmerman; and Bob Fauser, an interested citizen. MINUTES OF FEBRUARY 10, 1986 Mr. Slavin moved to accept the minutes as submitted, seconded by Mr. Mearns. Motion carried 5-0. Vice Chairman Ampol and Mrs. Artis abstained from voting as they were not present at the meeting of February 10. NEW BUSINESS - PUBLIC HEARING Vice Chairman Ampol pointed out that every application has six criteria set by the Boynton Beach Code, and he read the criteria. Case 997 Applicant/ Owner: Request: Address: D'NT Enterprises, Inc. Relief from R-iA zoning requirement of 7,500 square feet lot area. Applicant has 6,204.9 square foot lot area. A variance of 1,295.1 square feet is required for construction of a single family residence. 212 N. E. 14th Avenue Lot 10, Block 18, ROLLING GREEN lST ADDITION Recorded in Plat Book 24, Page 86, Palm Beach County Records - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 Secretary Gordon read the application and answers to the questions. Vice Chairman Ampol announced that the property owners with- in 400 feet of the property were notified by the City Clerk. He asked if anyone in the audience wished to speak in favor of the variance. There was no response. He asked if any- one wished to speak against the variance. Brenda Johnson, 1509 N. E. 2nd Court, had a question about the single family homes because it would be across the street from her. She asked what kind of homes they would be and stated if they were other than single family, there could not be too many on that lot. Mr. Keehr answered that the lot would be utilized for just one single family home and will have to meet all of the criteria of the zoning, other than the fact it is a little bit shy on the square footage of the lot area only. Secretary Gordon read a note written by a Mrs. James on the Notice of Hearing sent to her. Mrs. James agreed to the building of a single family residence. Mr. Keehr asked if anyone in the audience was present to represent D'NT Enterprises, Inc. and said it is the general custom of the Board to have someone they can ask questions of regarding a particular case. However, he was familiar with the case, if the Board wanted to ask him questions. Mr. Slavin noticed that the survey showed a very uneven lot. It is 62 feet on one end, 62.01 on the other end, and one side setback is 100.35 feet. The other is 99.96 feet, and there is no land around there to be bought. At the time of platting, Mr. Slavin thought it was 50x100 for R-1. Mr. Keehr confirmed that it was a buildable, conforming lot at the time of platting. Mr. Slavin asked if the lot would support that house and meet all Codes and requirements. Mr. Keehr answered affirmatively. Mr. Uleck observed that none of the residents within the 400 feet had any complaints. Before a hearing, Vice Chairman Ampol said it is advertised in the newspaper, and the people are notified. The letter from Mrs. James was the only letter the Board received. Mrs. Artis never knew the Board to hear a case when no one was present to represent the applicant. She was familiar with cases being postponed until someone representing the - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 applicant can be present. Mr. Keehr confirmed she was correct but did not believe there was anything in the City Code of Ordinances that stated they could not hear a case because of an applicant not being here. If it was a compli- cated case, he said he would agree with Mrs. Artis that they should wait for the applicant. Mr. Keehr was quite certain he could answer any questions the Members had. According to the records, Mr. Slavin noticed this was origi- nally Case ~96, postponed, and was now 997. Mr. Keehr explained that he put it down at 996, but it took the appli- cant a longer time to get his survey. Consequently, it was moved to ~97. Mr...Uleck thought the applicant would want to be present. Mr. Keehr said if the Board should decide that the repre- sentative should be here and they did not want to pass on it one way or the other, it would strictly be the Board's decision. Mr. Uleck's opinion was that if anyone was applying for a variance, he should be present to represent himself. Mr. Slavin reiterated Mr. Keehr's statement that nothing in the Ordinances pertaining to the Board stipulated that somebody must represent the petitioner. Mr. Slavin felt the facts in this case actually spoke for themselves and said the Members did not know why no one was at the meeting. He urged the Members to adjudicate the case and close it one way or the other. Vice Chairman Ampol asked if the $150 fee had been paid. Mr. Keehr replied that it had been. Mr. Uleck moved to grant the variance, as long as the build- ing would be built within the City Code, because it would better the neighborhood. A roll call vote was taken by Mrs. Ramseyer, and the motion carried 7-0. The variance was granted. Case ~98 Applicant/ Owner: Request: Jules S. Minker, President Contemporary Community Concepts Corp. Relief from R-lA zoning requirement of 12'6" side yard setback to be reduced to 10 ft. side yard setback for construction of a single family residence - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 Address: 700 S. W. 1st Court Lot 1 & E. 16.67' Of Lot 2, Block 8, LAKE BOYNTON ESTATES, PLAT ~1 Recorded in Plat Bdok 13, Page 32, Palm Beach County Records Secretary Gordon read the application and the answers to the six questions. Jules S. Minker, President, Contemporary Community Concepts Corp., 3978 Lake Worth Road, L~ke Worth~ 33461, developer of the community in this area known as Willowwood, said they built approximately 30 houses to date. He believed his answers indicated the problem. Mr. Minker had discussions with Mr. Keehr, and the problem was not noticed until they had the house constructed. At the time they were ready to pour their sidewalks, the Inspector noticed that the setback was ten feet instead of 12½ feet. Apparently, the two Surveyors employed by Mr. Minker were not aware of this setback requirement. Mr. Minker said they never noticed it either because they never measured but just built the hogse in accordance with inspec- tions on what'they thought was proper Code. They were amazed to find they were 2½ feet beyond the setback require- ments. As the Board was aware, Mr. Keehr said this is a brand new home, 99% completed. Through t between the Surveyor, Building an error was made. In some ret was as responsible as the Buil~ and maintain the setbacks. In~ Mr. Keehr said it is an unusual is not installed, you have no ¢ lot line. Therefore, it is ha~ .he breakdown of communications Department, and the Developer, ~pects, The Building Department [er, as it is their job to try Lsmuch as it is on a corner, ~ situation. When a sidewalk 'uidelines to figure a side · d to judge without a survey. In this case, Mr. Keehr said tl the original site plan Surveyo] quently, there was a breakdown believed Mr. Minker had a hard~ as he built the house and got f Building Department. The only was through this Board of Adju~ ~e Surveyor was changed from to the field man. Conse- in communications. Mr. Keehr lhip without question insomuch ~is inspections through the way it could be corrected .tment. Mr. Keehr informed Mr. Uleck that Mr. Minker owns 16 feet of Lot 2. Mr. Uleck asked why Mr~ Minker did not move the house over and why he left the 16 feet. Mr. Minker answered that - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 the Surveyor sets the form boards, and they built the house to the form boards. They expected the Surveyor to do his proper job because he is the professional. They always used a professional Surveyor to set the house locations of all the thirty houses they did in that area, and this was the first time an error was made. Mr. Minker stated that he would not want anyone but a trained, licensed professional to set the house. Many builders will set the house themselves, but he does not do that. His corporation tries to eliminate the very problem that exists now. Mr. Minker pointed out that it was not picked up by the Building Department either until they had the house completed. The last thing they do is pour the sidewalks and the driveway, which was when it was picked up. Mr. Minker added that they just were not aware that the requirement existed for the additional 2½ feet. Mr. Uleck was amazed that Mr. Minker, as a builder, did not check his own Surveyors. He recalled that when he was in the construction business, he checked everything. Mr. Minker replied that the survey showed ten feet, and it checked out to ten feet. Mr. Uleck called attention to the fact that the Code was 12 feet, six inches. Mr. Minker stated he did not know what the Code was. Mr. Uleck told Mr. Minker he should check his own layout work because a lot of mistakes are made. Mr. Minker replied that it was checked but was built exactly as it showed on the survey. Vice Chairman Ampol asked Mr. Uleck if he looked at the property. Mr. Uleck did, but the property looked all right to him. The house was already built, so he did not see that there was much the Board could do about it. Mr. Keehr reiterated that it was a mistake that was made by both the Developer and the Building Department. This happened not because of an error that could have been caught but because the original Surveyor that drew up the original site plan had it 10 feet, which is not the Code. The Build- ing Department, in plans examination, changed that from 10 feet to 12.6 feet on the survey. They contacted the origi- nal Surveyor, told him he had a mistake, and to correct it when he field stake~ the property. In the meantime, the Developer hired a different Surveyor. There was a lack of communication. A mistake was made. Mr. Keehr told the Members to use their own judgment as to who was at fault. If anybody was, he said it was an honest mistake. - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 According to the seminars the Members attended, they should not look at faults but at hardships. Mr. Slavin did not think the hardship was created by the Builder or that it was self-imposed. He did not know that the 2½ feet would make that much difference if people walked past or drove past because it was not that flagrant. Unfortunately, an error was made, compounded, and then recompounded by the second Surveyor. As no one else wished to speak in favor of granting the variance, Vice Chairman Ampol asked if anyone wished to speak against granting the variance. C. Gary Nolan, 604 S. W. 3rd Avenue, Boynton Beach, lives near the house that had been constructed and said, by his own admission, Mr. Minker built 30 homes in the area. He asked why Mr. Minker was not aware there is a 12½ foot set- back at this particular time. The Board informed Mr. Nolan his question was out of line. Mr. Nolan retorted that Mr. Minker is supposed to know what he is doing. Mr. Slavin advised Mr. Nolan~that he had to.speak against granting the variance and was just to state his reasons. Mr. Nolan was opposed to the variance because he takes 7th Street every day to and fro from work. If one builder in the area gets away with this, they will have a problem. Mr. Nolan lives where Lake Boynton Estates built the homes, and the home directly behind him is not identical to his because of the size of the lot. Mr. Nolan said this same identical builder had to delete the garage for the person behind his house and conformed on the one on 6th and 4th Avenue. Mr. Nolan said this same builder built in 1977 or 1978 and was aware of what was supposed to be done. Now all of a sudden, if they want to widen the road that will be travelled heavily, Mr. Nolan said they will be deprived of that street because of this house. He thought it was a hindrance to the neighborhood and that Mr. Minker .was negligent in his job. Robert Reardon, 648 S. W. 4th Avenue, was opposed to the house being there. Not only does it stick out but they have an air-conditioning pad that comes out even further than that, so it is closer to the sidewalk. When he was building his house, Mr. Reardon was glad to see the Inspectors make sure everything was done by Code. If two Surveyors (professional, bonded, licensed indivi- duals) came up with the same error, Mr. Reardon thought they - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 should move the house over if that was what it would take to be within the Code of Boynton Beach. He had cement trucks waiting to do his extra driveway because it was not done proper, and he paid $25 an hour to have two laborers dig it out while the cement .truck sat there. Mr. Reardon under- stood that he paid for his error because he did not go along with the Code, but he asked why the people of Lake Boynton Estates had to follow up on compounded errors. Mr. Reardon was in the trade for forty years and said you double check everything before you pour. Obviously, this was not dOuble checked. Mr. Reardon said Mr. Minker is not in this buszness for the experience but for the money, and so was he.when he was in the business. The bottom line is just doing the job right. Mr. Reardon did not know how the Board went about slapping wrists or levying penalties, so that was why he was here tonight. He was one of the representatives of the Lake Boynton Estates Homeowners' Association. They had a meeting last week, and a good portion of their people showed up. Not only were they within the 400 foot radius, but there were people from the surrounding areas. The people were unanimously opposed to this. Joseph R. Molina, 811 S. W. 6th Avenue, referred to the 16 feet the Board had been speaking about and asked if Mr. Minker would be allowed to build an additional house on the adjoining property. Mr. Uleck answered, "No, because he would only have 16 feet." Mr. Molina said there is addi- tional footage between houses, and he wondered if an appli- cation could be put in for a smaller sized lot for the next house. Mr. Keehr explained that Mr. Minker purchased part of a lot in order to make this a conforming lot. To build the next lot, he will have to use Lots 2 and 3. If this builder had the lot surveyed twice, Mr. Molina said the Surveyer was insured and bonded and is definitely responsible for the mistake. Since the house was built on a slab, it would not be the biggest job in the world to have it moved over to the position where it belongs with a new slabo Mr. Molina thought Mr. Minker should be made to per- form~ and the precedent should not be allowed to set in Lake Boynton Estates. Vice Chairman Ampol asked if anyone else wished to speak in opposition to the request for variance. There was no response. - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON iBEACH, FLORIDA MARCH 10, 1986 Mr. Keehr advised that an air-conditioning pad is not part of the structure and does not constitute an encroachment in the setback. He certainly was not going to say the Surveyor made a mistake in either case because the first Surveyor made an error on the site plan drawing, which the Building Department corrected. The Building Department also corrected the developer's copy. However, the developer used the original Surveyor's survey when he had his second Surveyor stake out the lot, and the second Surveyor staked it out according to his direction, which was ten feet, so he was guilty of f611owing the directions of the developer. Mr. Keehr felt that was how all of this came about. Mr. Slavin heard it mentioned that the developer built 30 homes in that area and asked if the Building Department had any problems with the developer in the past regarding footage or anything pertaining to Code. Mr. Keehr answered, "Not that I know of." Mr. Nolan asked what year the Code that it should be 12½. feet instead of 10 feet went into effect. Mr. Keehr knew that in June of 1975 the requirement of 12½ feet went into effect. In 1977, Mr. Nolan said they had to delete the garage on the house he referred to. What the Board did not discuss was the fact the Code had been in effect for ten years. He wondered why the Surveyors hired by Mr. Minker were unaware of what was going on. Since Mr. Minker made a mistake on this house, Mr. Nolan wondered if they should see what is wrong with the other homes he built or if they should start a precedent. He was not picking on Mr. Minker but asked if the City is just going to shrug their shoulders when other builders make a mistake and say they will let it go because it is built and the builder has an investment in it. Mr. Nolan did not blame the Inspection Division, Bud Howell, or the Building Department and emphasized that he was not in favor of this. Mr. Molina wished to speak again, and Mrs. Artis advised that the Board should not allow this. Mr. Molina wanted to know if the City Attorney had been approached about what they were talking about. There were protests from the audience because the Board did not wish to allow Mr. Molina to speak again, and Mr. Gordon commented that as much as the people "hollered", they were not going to change the rules and regulations of the Board. Vice Chairman Ampol explained that the Board Members are volunteers trying to serve the City, but men inspect these things and know what they are talking about. - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 Mrs. Artis explained to the audience that the Vice Chairman was not keeping anyone from saying what they had to say, but the Board's laws say that when a person has spoken once for or against a request, that is it. Right now, the meeting was out of order. She informed the audience that Vice Chairman Ampol is not the regular Chairman. In spite of protests from some Members of the Board and com- ments that the public hearing should be closed, Gary Lehnertz 619 S. W. 2nd Avenue, Vice President of the Lake Boynton Estates Homeowners, Association, spoke for the Association and specifically for himself. He said a mistake had been made that could be attributed to a lot of people, and the Board should not say it is okay and they cannot do anything. In many ways, he would hate to tell Mr. Minker to tear his house down or move it because he could see it would be a hardship, but Mr. Minker has built 30 homes in the neighbor- hood. Mr. Lehnertz asked the Board to consider giving Mr. Minker the variance and then having Mr. Minker upgrade the small park in the neighborhood for the kids, put in some swing sets and a merry-go-round in return for his house being allowed. He thought it would be a good compromise. Mr. Slavin advised that it was not within the jurisdiction of the Board to settle disputes, make suggestions, or trade. All the Board was concerned with was the property itself and not any individuals. Mr. Lehnertz then suggested that the variance be disallowed until the developer could put some money in their park, at which point the Homeowners Associ- ation would be happy. Mr. Slavin advised him he was going right back to "Square 1." Mrs. Artis informed the audience that the purpose of the Board is to determine whether the hardship has been caused by negligence of the property owner or negligence of the City. If the property owner has not caused the hardship and the City has, then it would be the Board's duty to allow him the variance. If the property owner knowingly bought property that did not conform or knowingly performed duties, it would be the Board's duty to deny the variance. In this case, Mrs. Artis felt it was, unknowingly, negligence on the Building Department's part. THE PUBLIC HEARING WAS CLOSED. Mrs. Artis said if the developer had 16 feet available and there was a 2'6" error, she could not see where the developer - 9 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 would intentionally do it, as it would not be worth his while. Mr. O'Brien interjected that the only error made by the City inadvertently was that they did not have the tie in survey prior to pouring the floor slab, and he did not think that was the error in this case. Upon issuance of building per- mits, the site plan goes out with them. Being in the survey profession, Mr. O'Brien said if you are not staking a build- ing at the direction of the developer/builder, then you are not doing your job. If there are building plans on the site, which he thought was normal procedure, anyone that would go by there could see they were in violation, including the developer, his agent, foreman, etc. Vice Chairman Ampol asked if anyone else wished to speak and was told by other Members that the public hearing was closed. Jose Aguila, 800 S. W. 1st Court, deals with site plans all of the time. The first thing he does when a client comes to his office is look at the zoning; finds out the setbacks, laws and regulations; meets with the City; and then generates a plan. He was sure that entire process had taken place here. Had this been dOne, the error would not have taken place. In Mr. Aguila's opinion, this was no accident. He thought the developer knew what he was doing and was trying to put one over on them. Mr. Aguila said the Board had two choices: (1) They could give the developer the variance, or (2) they could make sure he does not do it again by making sure it would cost him something. The developer will make a profit when he sells his house, and Mr. Aguila suggested he make restitution by putting some money into the park because the Board would be setting a precedent. Mr. Slavin interrupted to say they had the same discussion by the previous speaker, and it was explained that the Board cannot in any way trade, barter, or make suggestions. They are to work on the case itself. Mr. Aguila was not in the room before. He stated he would hate to see this happen again and felt the Board was taking this lightly. Mr. Slavin pointed out that the developer purchased 16 feet of the adjoining lot and had plenty of room to give himself the 12½ foot setback. He was quite sure the developer did not steal 2½ feet because he did not know what he could do with it on the other side. There were two site plans, two - 10 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 surveys, and the correction was made. Evidently, the Build- ing Department thought the developer was following the corrected plan or maybe the developer never got the corrected plan. They did not know, but the house is there. People having a complaint against the developer and the area being worn down were not the Board's concern. All of those things could be taken care of outside of the meeting. Mr. Slavin moved that the variance be granted and added that should the street be widened, it will not infringe on side- walks. Secretary Gordon seconded the motion. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 6-1 with Mr. Uleck voting against the motion. 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 Request: 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 Address: 840 West Ocean Avenue Case %100 Applicant: Owner: Legal Description: 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 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 841 S. W. 1st Court - 11 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 Secretary Gordon read the application for Case #99 and answers to the questions, which were the same as the aDpli- cation for Case #100 except for the legal description~d r address. Andres Yzaguirre, 6420 Via Townsend, West Palm Beach, Florida 33415, brought with him plans for the house which they were going to build. He clarified that there would be two houses. One would be on Lot 8 and the other would be on Lot 22. The houses will be next to each other, enhance the area, and bring more beautification to the land. Mr. Uleck had looked at the property and said the lots are back to back. Mr. Keehr advised that the lots were recorded in 1926 and were complete lots as platted. The zoning was changed from R-1 to R1A in 1975. However, there is vacant property both to the east and west of Lot 8. The property to the west is zoned PUD and has not been platted at all, so there is no telling where the streets will line up, etc. The four lots in a square to the east are owned by Robert M. Scarboro. Mr. Keehr did not know if Mr. Scarboro had been approached as to whether he would sell any of his property to make the lots conforming. Mr. Keehr also advised that the utilities and roadways would have to be extended to get to the lots. He wanted the owners to know now that the City has a policy of requiring the developer of property to extend the utilities and streets to the lot he is developing. Other than the fact that a home can be constructed on each lot to meet all other zoning requirements because they are 50 foot wide lots, Mr. Keehr had nothing else to add. Mr. Slavin asked Mr. Yzaguirre if he approached Mr. Scarboro. Mr. Yzaguirre spoke to someone who owns a greenhouse. When he spoke to him a couple of weeks ago, he said his son owned a couple of lots in the back. Apparently, they were not willing to sell at this point. Mr. Yzaguirre did not get this in writing, and told Mr. Slavin that he did not know that was necessary. He added that the man did not say "yes" or "no" but said his son owns part of the property. Secretary Gordon asked if Mr. Yzaguirre intended to bring the roads and utilities into the homes. Mr. Yzaguirre thought he would have to do that in accordance with the rules of Boynton. - 12 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 It was brought to Vice Chairman Ampol's attention that Mrs. Scarboro was in the audience and available. Vice Chairman Ampol said he would get to her. Mr. Slavin asked if the plans Mr. Yzaguirre had for the houses had been submitted to the Building Department. Mr. Yzaguirre answered that he was not going to submit them until he could get his permit. Mrs. Artis asked Mr. Yzaguirre if he was buying the property. Mr. Yzaguirre confirmed that was correct. As Mrs. Scarboro was present, he wanted to point out that he spoke to her four or five weeks ago, and she indicated that she had no intention of selling her property. Maude Scarboro, 821 S. W. 1st Court, emphasized that the property east of the property in question is not for sale. She asked how the City could allow them to build on a 50 foot frontage. Mr. Keehr explained that the hardship originated with the original platting of the property. He knew Mrs. Scarboro owned four lots and said Mr. Yzaguirre was attempting to buy the last 50 foot lot in the block. If Mr. Yzaguirre cannot buy any property from her, Mr. Keehr asked what Mrs. Scarboro thought Mr. Yzaguirre could do with the lot. Mrs. Scarboro replied that the property west of this was for sale. On those non-conforming lots, Mr. Keehr said the applicant had no other place to go to but this Board. The City made the hardship by once permitting such platting and then changing the laws. Vice Chairman Ampol asked if anyone wished to speak in favor of the request. There was no response. Vice Chairman Ampol asked if anyone wanted to speak in opposition to the request. When Robert Reardon, 648 S. W. 4th Avenue, began to speak, he was asked by Mr. Slavin if he was within the 400 foot radius. Mr. Reardon was not, and Mr. Slavin informed him that the Board only listens to people within a 400 foot radius. Mr. Keehr objected, saying it was a public hearing, and anybody could speak. With Mr. Yzaguirre's general knowledge as an Architect or whatever, prior to purchasing a piece of property and know- ing a variance was needed, Mr. Reardon said he should have approached the people on both sides. If they were not will- ing to give in, naturally, he would approach this Board. - 13 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 The people in Lake Boynton Estates conform to the rules and regulations and were opposed to it. Laszlo Dienes, 126 N. W. 10th Court, received a notice of the public hearing and began talking about the flooding problems they experience in Leisureville. Mr. Keehr told him to speak to Tom Clark, City Engineer. Joseph R. Molina, 811 S. W. 6th Avenue, said the plat was platted 25 years ago and showed 50 foot lots. The size of plots changed later to lower density and larger sized lots. As a matter of fact, Carmen Annunziato, Director of Planning, said the density might have to be lowered more because of traffic in the area of Lake Boynton Estates and Leisureville and the projected Woolbright project which will come up soon. Mr. Molina said Mr. Yzaguirre was seeking to build a house on a 50 foot lot and has no hardship because he does not own the lot. If the original owner that owned the lot 25 years ago came before the Board and asked for a variance as the owner of the lot, he would be grandfathered in and should be allowed a variance. Mr. Molina did not think an individual coming from out of town into their neighborhood to build should be allowed to build on a small plot and diminish the value of the proper- ties around him. He did not feel it was right and said it should be denied. If the 50 foot lots can be bought later on by a builder who can buy them all and divide them up into 60 foot plots as the Planning and Zoning Board wishes for density requirements, that is what should be done. Mr. Keehr explained to Vice Chairman Ampol that the 50 foot lots or any other non-conforming single family residential lots that have been owned by an individual prior to May, 1978 do not require a variance. If a lot is sold after that date, the person purchasing that lot must apply for a variance. Jose Aguila, 800 S. W. 1st Court, was not convinced that Mr. Yzaguirre had researched to the fullest the possibility of purchasing additional property. He wanted to see zero lot lines and other possibilities considered before the Board granted a variance for a smaller lot. - 14 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 Vincent Villafane, Owner of Lot 8, 423 Wilder Street, West Palm Beach, referred to the hardship question that was talked about and stated that they were totally ignorant as to this because the lots were sold to them by the Internal Revenue Service. Apparently, the person that owned the lots died, and it was an estate. They were not informed of any variance or anything. Mr. Villafane assured everyone that they want to enhance the place, not downgrade it. He personally approached the neighbor to the east of them to find out where the owner was, and she, personally, would not inform him that she was the owner. One day Mr. Villafane approached a man near the house and asked him if he knew who owned the property and if he knew whether they were willing to sell part of their property. The man would not let him know. Mr. Villafane reminded the Members that they heard Mrs. Scarboro say her property is not for sale, and her property is 50 foot lots. She has no hardship and can build on her lots any time she wishes to build without any person express- ing whether they are for or against it. Mr. Villafane was speaking for his companion and himself and said they have a hardship because they entered into this without any knowledge of any laws and regulations. They are not builders but wanted to build a home for themselves. Due to the fact that they have entered into a financial hardship, Mr. Villafane said they have to sell the property. Therefore, Mr. Villafane said they were approaching Mrs. Scarboro. If she was willing to sell part of her property, he said he would give for each one of her lots $2,000 in addition to what the gentleman was paying him. Mr. Villafane did not believe it was fair for Mrs. Scarboro to restrict him to just a 50 foot lot when she can use her property at will. He did not believe in crowding, misusing, or abusing the land but believed in fairness. Mr. Villafane did not want to create a hardship for his neighbors but, on the basis that Mrs. Scarboro owns four additional lots equivalent to his lot that she can build on, he begged the Board to grant the variance. Kathy Balch, 639 West Ocean Avenue, noticed a lot of discussion was going on about the possible selling of the land immediately east of the property where they were requesting the variance. She asked about the research into purchasing some of the land west of this property. It did - 15 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 not seem to her that any attempt was made to look into who owned the land to the west. Ms. Balch informed the Members that she is the Secretary of the Lake Boynton Estates Homeowners' Association. They had close to 100 residents from the immediate area of this property at a meeting last week, and they were totally against the granting of the variance unless it would be for a grandfathered type of thing. Ms. Balch asked why the City should grant a variance if this gentleman had not found out whether he could get additional land. Mr. Slavin commented that Mr. Villafane stated that Mrs. Scarboro told him her property is not for sale. Mr. Villafane made another statement that the property was offered to another individual. The Board did not know how much money was being asked for the property, but Mr. Villafane is willing to go $2,000 higher. Mr. Slavin had gathered that the two houses were going to be built as permanent homes for these people and asked if they were going to live there. He said there were ramifications that the Board was not aware of from the beginning. Mrs. Artis was confused. She asked if Mr. Yzaguirre wants to buy the property and if Mr. Villafane owns the property. Mr. Keehr was sure the Members received a copy of a Personal Representative's deed in each of these cases and advised that Mr. Villafane owns Lot 8. There was discussion about the Internal Revenue, conveyance of the property, and who the actual owner was. Mr. Villafane told the Members he is the owner of Lot 8. Mrs. Artis advised that Mr. Villafane owns Lot 8 and Manuel R. Sabugo owns Lot 22. Mr. Yzaguirre informed everyone he is the developer. It seemed to him the Board was getting into a lot of emotions and forgetting what they were trying to accomplish. At the present time, Mr. Yzaguirre said they have two lots, 50x120, and a hardship because no one in the area is willing to sell additional land to make the 60 foot frontage they need to build a home. They have property where there is no way for them to build a house. Mr. Yzaguirre reiterated how he tried to find out if they could buy additional property. He said he spoke to a man that owns a greenhouse that he believed was on 10th Avenue. The man also told him he had no intention of selling any of his property. Mr. Yzaguirre stressed that the hardship was not made by him trying to purchase the land or by the two - 16 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 men who purchased the land through the IRS. It did not matter who they purchased the land from. The fact was they purchased the land unknowingly, thinking they could start with a piece of property. Mr. Yzaguirre was acting as Agent in order to buy the property. He had not purchased the property because he knew there was a hardship on the property. Until the hardship is lifted by the Board, he will not purchase the property. Mr. Slavin asked if Mr. Keehr would say the two lots were landlocked. If additional property cannot be purchased, Mr. Keehr said he would have to assume they are landlocked. He showed Mr. Uleck that Mrs. Scarboro owns two lots east of Lot 8 and two east of Lot 22 (two on Ocean Avenue and two on 1st Court). If Mrs. Scarboro owned two contiguous lots, she would have to make them conforming, but she only owns two in a row, so she could build a house on each 50 foot lot. If you have three lots, you have to putl two houses on them, but if you have two lots, you are not compelled to put one house on them. Mr. Joseph Molina wished to speak again and was told he could not. As the applicants spoke before, he thought it only fair for him to speak again, as the whole story was changed and they now had a different story. It seemed to Mr. Molina that they were going through a rezoning process instead of a variance process. He pointed out that two people bought the property through a tax lien and would probably profit from a sale to rezone it, so a new developer could come in and begin a precedent to build on 50 foot lots. He felt that was what was happening and emphasized that there was no hardship. He said there need be no building there at all. The City is looking for lower density, and Mr. Molina said a candidate for the City Council who was at a couple of meetings this week on the same information would bear him out. He asked why a developer who does not even own the property should come before the Board asking to build on 50 foot lots when he should be looking for a zoning change. Mr. Molina thought it was improper and a profit making scheme they were setting up. That precedent should not be set in Lake Boynton Estates or anywhere else in the City. Michael Cain, 632 Las Palmas, referred to the old legal expression, "Caveat Emptor" (Let the buyer beware) and said - 17 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 people who purchase property thinking they are getting a good deal and do not look further into it are foolish and can see the ramifications. He brought out the fact that these people were coming before a City Board and seeking justice, as they might say, for buying something improperly zoned. Mr. Cain asked why the City has a master plan and why zoning is the way it is. The zoning is voted in by the people that live here, and they are the people the Board should look out for. As Mr. Molina said, the City is looking to lower the density, not raise it. Gary Lehnertz, 619 S. W. Second Avenue, said the vast majority of the residents in that area do not wish to see zoning reverted back to 50 foot lots. If the Board allows two 50 foot lots in, it will set a precedent to allow a lot more. It is not a hardship case because they do not know who will live there. Somebody owns it, but somebody else will develop it. Mr. Lehnertz pointed out that it was not like a family coming in to build their dream house. Mr. Lehnertz also had severe~questions as to whether all of ~Should be the avenues had been pursued as to buying additional land several. and believed the Board should have doubts as to whether all 4/14/86 avenues had been approached. He urged the Board to disallow ~inutes. the variance. THE PUBLIC AUDIENCE WAS CLOSED. Mr. O'Brien wanted the Board to request that the petitioners ask for a thirty day postponement? go forth, seek.and factu- ally prove whether there is a remedy to the situation. Mr. $1avin pointed out that the Board heard one property owner say the property is not for sale, and the present owner approached people on the west who told him the property was not for sale. The owner heard that property is for sale and offered to pay $2,000 more than the quoted price for each lot. Mr. Slavin said the Board heard an effort was made that they are trying to get more property. The owners are not building, and a developer is now asking for the variance. Mr. Slavin said the Board was trying to determine if there was a hardship and, if so, how it was created and by whom. According to what the Members heard, the property is land- locked. The fact that the people want to sell their property was none of the Board's business because the variance is not on any individuals or personalities but on the property. See - 18 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 10, 1986 While they had two separate cases (#s 99 and 100), Mr. Slavin said the issues were the same on both. Although the expression, "Buyer beware", was true, he said these things were not in the Board's jurisdiction. If the applicants would decide to come back in a month, Mrs. Artis asked if they would have to pay another fee. Mr. Keehr was not sure. Mr. Slavin recalled that when they postponed a case before, the $150 fee was waived. If the Board post- pones it rather than tabling it, Councilman Zimmerman advised that the Cases would not need to be readvertised. As there would be no additional expenses, there would be no additional fee. Mrs. Artis pointed out that the Members knew the property on the east was not for sale but did not know about the property on the west. She felt they should give the appli- cants time to let them know without a doubt whether it was for sale as she would hate to say "No" to the variance and not know the facts. Vice Chairman Ampol asked if anyone in the audience owned property on the west side of this property. There was no response. In view of what the Board heard, Mr. Slavin moved to post- pone final action on Case ~s 99 and 100 until the next meeting of the Board on April 14, 1986, at which time the applicants should show the Board that there is property or is no property for sale adjacent to their two lots. Mr. Mearns seconded the motion. Mr. Mearns suggested the motion be amended to show that the Board be provided with written information from the owners on the west side. Mr. Slavin amended his motion to include that if the applicants cannot get the information in writing from the owners on the west side, they should bring a notar- ized affidavit. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, ~meetin.~~rned at 9:10 P. M. Patricia Ramseyer {/ Recording Secretary {3 (Three Tapes) - 19 -