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Minutes 09-09-85MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 9, 1985 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Paul Slavin Ben Uleck Raymond Eney, Alternate Danny O'Brien, Alternate ABSENT Robert Gordon, Secretary (Excused) Lillian Artis George Mearns (Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:02 P. M. and introduced Mr. Keehr, Members of the Board, and the Recording Secretary. He recognized the presence in the audience of Councilman Carl Zimmerman and Mr. Bob Fauser, an interested citizen. MINUTES OF AUGUST 12, 1985 Mr. Slavin moved, seconded by Mr. Uleck, to approve the minutes as presented. Motion carried 4-0. Chairman Thompson and Mr. O'Brien abstained from voting as they were not present at the meeting of August 12, 1985. ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARING Case 992 Request - Lot 1, Block 18 BOWERS PARK Recorded in Plat Book 11, Page 57 Palm Beach County Records - Relief from M-1 zoning requirement of 10,000 square feet minimum lot area to be reduced to 9,703 square feet lot area to utilize lot for permitted zoning use - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1985 Address Applicant/ Owner - 216 S. E. 7th Avenue - Donald B. Finton Chairman Thompson read the six criteria and said, based on those and what the Board Members observe when they go out, the BOard makes their judgment. He explained that this is not a majority Board, so any three negative votes will deny the request for a variance. The Board was short one Member and had six Members voting. Acting Secretary Slavin read the application and the answers to questions a-f, paragraph 5 of the application. Mr. Donald B. Finton, 4758 Loquat Circle, Delray Dunes, owner of Finton Construction Company, said they have been in Boynton Beach since 1969 or 1970. When he bought the lot, it showed in the deed that it was 102 feet on the north boundary, 82 feet on the south boundary, and 120 feet deep, which made it 11,100 square feet of lot area, and he assumed it was a buildable lot. Mr. Finton did not have a survey when he bought the property but looked at the plat book, and it is platted that way. When Mr. Finton decided to build on the lot, he had to get a current survey and discovered, much to his dismay, that it did not survey out in those dimensions. He went back and "looked every which way". He checked the railroad, thinking possibly that the railroad track had changed and made his property less, but for some reason whoever platted Bowers Park was short on the west side of the tracks. The person also platted the development on the east side of the tracks, and it is correct. Why Bowers Park was incorrect, Mr. Finto~ did not know, but he said the lots on the railroad are a~ywhere from 10 to 12 feet short. This was done in 1925 and was totally beyond his control. According to the way it is platted in the City, Chairman Thompson asked if the 102 feet on the north and 82 feet on the south were just a misprint over the years. It seemed to him it was a mistake more than anything else. Mr. Keehr replied that he would say it was a mistake at the time of platting. Mr. Keehr mentioned that in 1973, when Mr. Finton bought the property, he could have built on it. The change was made in 1975. Mr. Keehr informed Vice Chairman Ampol that Mr. FintOn did not come under the grandfather clause because the grandfather clause only covers residential. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1985 Mr. Slavin asked if Mr. Finton had submitted any plans. Mr. Keehr replied that Mr. Finton had not submitted any plans but does want to improve the property. He confirmed for Mr. Slavin that the property would support the plan as submitted, including setbacks, other zoning regulations, Codes, etc. Chairman Thompson pointed out that the property is landlocked between the railroad and the other building on the other side. Mr. Keehr told Mr. Uleck that was the recorded plat since 1925 and is on record in the City's Engineering Department. Mr. O'Brien advised that all of the lots in Bowers Park along the railroad track are short. It was a surveyor's decision back in the 1940s or 50s that rather than prorate all of the lots in the blocks, that the surveyors throw all the errors into the railroad track. He said it is a vague surveying law that it is where the error goes, and the Board Members would find all of the Bowers Park lots along the railroad track are short, Chairman Thompson asked if anyone wished to speak in favor or opposition to the request. There was no response. Mr. Slavin moved to grant Mr. Finton the variance requested for the following reasons: The area is landlocked. The request is minimum. It was no fault of the petitioner that the lot was laid out the way it was. Somewhere down the line, in years past, the error was made in platting this property, and Mr. Slavin did not see how they could deny Mr. Finton the use of his property. Vice Chairman Ampol seconded the motion for the same reason. Chairman Thompson again checked to see if there were any communications and asked that the record reflect there were none. If Mr. Finton asked in his request for a variance of 297 square feet and it was proven he would need a variance of 300 square feet, Mr. O'Brien asked if Mr. Finton would have to come back before the Board. Mr. Keehr appreciated what Mr. O'Brien was saying and requested that the Board restate the motion so that it would be to grant a variance to approve the lot as a buildable site. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1985 Mr. Slavin amended his motion and moved to grant the variance to Mr. Finton and that the lot be approved as a buildable site. Vice Chairman Ampol agreed with the amended motion and seconded it. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 6-0. In future cases, when the exact footage is in question, to eliminate a future problem, Chairman Thompson thought the Members should note that and state in their motions that the lot is to be approved as buildable. However, he said perhaps there might be a time when they would have to speci- fy the exact footage. Mr. Keehr wondered if it would be permissible to put the approximate footage and said he may get an answer. Internally, Mr. O'Brien said they could have the square footage certified on the survey. A case came up once before, and Mr. O'Brien recalled that he brought up the same ques- tion. If they require the square footage on the survey, he said the surveyor will then be liable if something happens. FUTURE MEETINGS Mr. Keehr informed the Members that there will not be a meeting in October, and they will be notified if there is to be a meeting in November. RECOGNITION OF PEOPLE IN THE AUDIENCE Chairman Thompson said there may be times when someone should be recognized and they are overlooked, and he wondered how he would know. Mrs. Ramseyer said she would call them to the Chairman's attention if she knows them. CASE ON HOLD: Proof of ownership required Address: Owner: Request: 731 N. E. 8th Avenue - Case 984 Eva Michelle Simmel Lot Size Vice Chairman Ampol asked what the story on this is. As of this date, Mr. Keehr said the City Clerk has not received any documents that would prove that Eva Michelle Simmel owns this property. Therefore, it is strictly on hold. He supposed it was up to the City Attorney as to how long it would be kept on hold. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1985 Mr. Slavin commented that this Board did not table the case so it was no business of the Board and was not the Board's problem. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 7:25 P. M. Patr~in~ ~aa~Tyer 5