Loading...
Minutes 11-04-85MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 4, 1985 AT 7:00 P.M. PRESENT Vernon ~hompson, Jr., Chairman George Ampot, Vice Chairman Robert Gordon, Secretary Lillian Artis Paul Stavin George Mearns Ben Uleck Raymond Eney, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Danny O'Brien, Alternate Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Deputy Building Official, members of the Board and Recording Secretary. He recognized the presence in the audience of Mayor Nick Cassandra and former Mayor and present Councilman Carl Zimmerman. MINUTES OF SEPTEMBER 9, 1985 Mr. Slavin moved to adopt the minutes of September 9 as pre- sented, seconded by Mr. Ampol. Motion carried 7-0. NEW BUSINESS - PUBLIC HEARING Chairman Thompson read the six criteria for the basis of the Board's decision and explained the Board's voting require- ments. Mr. Gordon read the application and answers to the questions. Case #84 Request Address Applicant/' Owner - Lot 44, Block 4 LAKE ADDITION TO BOYNTON Recorded in Plat Book 11, Page 71 Palm Beach County Records - Relief from R-lA 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 for construction of single family residence. - 731 N. E. 8th Avenue - Robert P. Brown MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1985 Mr. Robert P. Brown, 701 S. Seacrest Boulevard, Boynton Beach, informed the Board that he is actually representing his aunt, Eva Simmel, and apparently is the legal ~itle owner and trustee for this property. His aunt decided to request a variance, so she could build on this propertY. He told about his aunt being able to make a deal with the adjoining property owner to put pilings in on both lots. Mrs. Artis questioned ~ho Patricia Brown is and Mr. Brown' ad- vised she is his mother and Eva Si~mLLel is his mother's sister and Mrs. Santina DuBois owns Lot 43. Mr. Slavin clarified that in March, 1984, Mr. Brown sold Lot 43 to Mrs. DuBois; originally Mr. Brown owned Lots 43, 44 and 45. Mr. Brown disagreed and stated that he bought Lot 45 and got a variance about~.a year ago. Two parties bought the other two lots with his aunt being the one purchaser'and she made him trustee or. Lot 44 for her son.~ Mr. Slavin clarified that since 1983, this property has been bought, sold, transferred, etc. through various members of the Brown family. Mr. Slavin referred to a hardship being imposed and stated there is vacant adjoining property. Also,-atone time, Lots 43, 44 and 45 were all owned by the same people presumably. Mr. Slavin asked if he planned to build a home on Lot 44 to live in or for sale and Mr. Brown replied that he doesn't know, but 'the lot as it is is unbuildable and the lots on each side are buildable. Mr. Slavin asked who owns Lot 45 and Mr. Brown informed him that his mother, Patricia Brown, owns it. He added that he originally bought Lot 45 with the intention to build and re- quested a variance, He demucked it and had it filled, but unfortunately it did not pass compaction. He had spent the better part of $8,000 to get the lot filled and demucked and exhausted his finances, so he gave the lot to his mother. Chairman Thompson referred to several deeds being Submitted and requested clarification. Mr. Keehr stated during the period between February 27, 1984, and March, 1984, Mr. Brown owned all three lots according to the county records. In March, 1984, he sold Lot 43 to Mrs.-DuBois. Lot 45, Mr. Brown quit claimed to his mother between the time this appli- cation was filed and the hearing tonight. Mr. Uleck asked why he didn't'make the three lots into two legal sized lots when he owned them and Mr. Brown replied that he did not have any problems with the one 50 ft. lot. He reiterated again how Lot 4~4 was actually his aunt's, but she didn't want her name reflected in the records and had him sign some forms naming him as the trustee. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1985 Mr. Bob Fauser, 125 S. E. 6th Avenue, stated according to county records, along with the warranty-deed, there is a mortgage deed signed by Robert P. ~Brown saying he is paying off the mortgage on Lot 44. He then qu©ted Section C of the Florida Land Use Planning Book which states a circumStance which must be avoided is getting in the position of creating a hardship. There is also case law stating if a person con- veys inter~st of an adjoining .lot and is left with a substan- -dard piece of-property, it does not justify a variance. This was self-created. Mrs. Betty Whittington, 704 N. E. 8th Avenue, stated she does not feel this request is justified. Lots 43¥ 44 and 45 all belonged to Robert Brown. He created the hardship himself by owning only Lot 44. He had ample frontage, but gave up part of it and left himself short. She does not feel a variance should be granted. Chairman Thompson requested the Secretary to read the communi- cations received and Mr. Gordon read letters from Mr. Miller and-Mr. Stroshein. Chairman Thompson clarified that Mr. Brown had all the land necessary to meet requirements when filing the application, but traded off a lot to his mother since then. Mr. Ul~ck agreed that at one time, Mr. Brown owned all three lots and could have converted the three lots into two legal sized lots. He cannot see any hardship. Mr. Slavin asked if the permit had been requested~for Lot 43 and Mr. Keehr replied that he could not answer that, but all three are vacant right now. A variance was granted for Lot 43. Mr. Ampol referred to a hardship and Chairman Thompson replied that legally' this Board does not have the right to deny a request when there is a hardship. This was not a hardship imposed by the government. This really was a self-imposed hardship because the owner owned all three lots at one time. *Should be: "In the opinion of Mr. ried 7-0. Slavin, nothing was done..." See 12/9/85 minutes Mr. Slavin moved that this variance be denied for the follow- ing reasons. It is his opinion that this is a self-imposed hardship by Robert Brown or his aunt, whom he is representing. They have enough property between Lots 44 and 45 to build a home giving ample frontage and footage~ He did have three lots at one time and could have built two homes, but sold one lot. They are looking for a variance due to their own dealings. No hardship was imposed on the property by a government agency. * Nothing was done by the Brown family without the advice of an attorney, who knew what the laws were. He moves that the variance be denied. Mrs. Artis seconded the motion. As re- quested, Mrs. Kruse ~took a roil call vote and the motion car- REQUEST DENIED. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1985 Chairman Thompson clarified that he owned both lots and there was no problem to build, but by quit claiming one lot after filing the application, it looks like he is giving away one to get a variance on one. Mr. Brown explained to the Board that~he did not need to.build on Lot 45 since he bought other intracoastal property and his mother took over the payments on Lot 45. His aunt owns Lot 44 and his only intentions are to build on the other intra¢oastal property he owns. Mr. Uleck read from previous~m±nutes where Mr. Brown made the statement that he was financially unable to buy property in addition to the one 50 ft. lot, but following the granting of that variance, he did purchase two additional lots. According to the records, Mr. Brown owned all three lots at one time. Mr, Brown clarified that his aunt purchased Lot 44 and her name was not recorded as the purchaser.. Mr. Ampol referred to the history of these lots and Mr. Keehr stated the warranty deed recorded at the county says Mr, & Mrs. Fleming sold Lots 43 and 44 to Mr. Robert Brown on February 27, 1984. Mr. Brown told about being aware of these real estate transactions. Mrs. Artis asked if he presently owns~Lot 45 and Mr. Brown replied negatively with advising that he does not own any of these three lots and he may be recorded as the owner of Lot 44, but there is an agreement making him the trustee and he is only acting as the agent for Lot 44. He told about this ownership only being discovered when his aunt applied for the variance. Mr. Slavin asked what the records show for the ownership of Lots 43, 44 and 45 and .Mr. Keehr informed him that Lot 45 shows Patricia Brown as the owner, but prior to that, Robert Brown owned it and lot 44. Lot 44 is recorded in the name of Robert P. Brown~, who purchased both lots in February, 1984, from Mr. & Mrs. Fleming. .Robert Brown sold Lot 43 to Santina DuBois. The records indicate now that Robert P. Brown only owns Lot 44. Chairman Thompson asked if anyone wished to speak in favor of granting this variance and received no response. He asked if anyone wanted to speak against the granting of this variance and the following came before the Board. Mr. Harold Werger, 1306 N. W. 7th Street, told about having to buy additional land to build his house to meet the requirements. The ordinanCe has been in effect since 1975 and Mr. Brown should have been aware of the requirements when owning all three lots. There is no hardship. 'There is land a~ailable now even if not in the Brown family. With trying to protect the property values in Boynton Beach, there is no reason a variance is warranted in this situation. - 3 - MINUTES - BOARD OF ADJUSTMENT B©YNTONBHACH, FLORIDA NOVEMBER 4, 1985 OTHER BUSINESS Mr. Keehr informed the Board members there would be one case to be heard on December 9. Mr. Keehr requested the Board to consider the procedure he suggested of when a variance is requested .for a non-conforming lot with abutting vacant property that the variance should stipulate a time limit and the variance should only be for the applicant. He is suggesting this to avoid a situation like this tonight. Chairman Thompson agreed that a time limit is a good point, but there are a lot of cases where it is not necessary. Comments were made that the circumstances must be considered with stipulations placed when appropriate. ADJOURNMENT Mr. Slavin moved to adjourn, seconded by Mrs. Artis. Motion carried 7-0 and the meeting was properly adjourned at 7:50 P.M. Deputy City Clerk (~One Tape) - 5 -