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Minutes 08-12-85MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 12, 1985 AT 7:00 P. M. PRESENT George Ampol, Vice chairman Lillian Artis Paul Slavin Ben Uleck Raymond Eney, Alternate ABSENT Vernon Thompson, Jr., Chairman (Excused) Robert Gordon, Secretary (Excused) George Mearns (Excused) Danny O'Brien, Alternate Bert Keehr, Deputy Building Official Vice Chairman Ampol called the meeting to order at 7:03 P. M. and announced that he was replacing Chairman Thompson, who was ~excused because of the death of his father. He introduced Mr. Keehr, Members of the Board, the Recording. Secretary, and recognized the presence in the audience of Councilman Carl Zimmerman. Mr. Bob Fauser, Palm Beach County, was also present. MINUTES OF JULY 8, 1985 vice Chairman Ampol moved, seconded by Mrs. Artis, to approve the minutes as presented. Motion carried 5-0. ANNOUNCEMENTS Vice Chairman Ampol announced that Mr. Gordon is up north and requested Mr. Slavin to serve as Acting Secretary. OLD BUSINESS None. NEW BUSINESS Case Deleted: Variance is not required - Section 4G Case ~90 Request - Lot 80 ARDEN PARK ADDITION Recorded in Plat Book 2, Page 96 Palm Beach County Records - Relief from R-2 zoning requirement of 75 ft. minimum lot frontage to be reduced to 54.73 ft. lot frontage for construction of duplex residence - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 Address - 241 N. E. 6th Avenue Applicant - William DiBello Members of the Board asked Mr. Keehr to explain, for the record, why Case #90 would not be heard. Mr. Keehr informed them that the city staff determined this case and property fei1 under Section 4G of the Zoning Ordinance, which says that irregular shaped lots shall be measured at the setback or building lines and shall not be less than 75% of the required lot frontage in the applicable zoning district. Since the lot fell under this category, it met with the requirements of this Section. Therefore, a variance is not required. PUBLIC HEARING vice Chairman Ampol read the six criteria. In each appli- catioin, these criteria are answered. Councilman zimmerman suggested that the Board explain how many votes it takes to pass .a variance because a full Board was not present. Mr. Slavin pointed out that this Board does not operate on a majority basis. It takes five votes to grant and three votes to deny a variance. Case 989 Request - Lot 8, Block 3 CRESCENT HEIGHTS Recorded in Plat Book 24, Page 170 Palm Beach County Records - Relief from R-lA zoning requirement of 25 ft. rear setback to be reduced to 12 feet rear set- back for construction of garage Address - 227 S. W. 4th Avenue Applicant - Arthur C. Espanet Acting Secretary Slavin read the application and the answers to question 5 (a-f). vice Chairman Ampol added that the City Clerk's office advertises in the newspapers and also notifies property owners within a radius of 400 feet about the public hearing so that they may appear to express whether they are in favor or object to the proposed variance. Acting Secretary Slavin had no communications pertaining to the application. Arthur C. Espanet, 227 S. W. 4th Avenue, wanted to build a garage in the back of his property to store his tools. He showed a picture of his van that was stolen. Last night (August 11, 1985), Mr. Espanet said the house directly in back of his on S. W. 3rd Avenue was broken into, and it is getting to be a concern. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 Mr. Espanet informed the Board Members that he just purchased a new car and wanted to get shelter for it because today, a car is an investment. He has three sons and an active household. At present, Mr. Espanet said he has a double wide driveway and nowhere to park. There are five cars in the family, and that was why he wanted the variance. Vice Chairman Ampol noted Mr. Espanet purchased the property on August 19, 1978. He inspected the property and said, as a rule, Members of the Board go out and physically inspect the property. Mr. Slavin looked at the property this morning (August 12, 1985). Mr. Slavin asked how wide the present garage is and whether it was a double width garage, as it looked very wide to him. Mr. Keehr replied that it is 18 feet wide and would be classified as a garage and a half. Mr. Slavin noticed that Mr. Espanet wanted to put an additional building in back of that garage to house his tools and things and asked if he would be requir!ed to have a variance from this Board. He imagined there would be enough ground for what Mr. Espanet was asking. Mr. Keehr answered that Mr. Espanet could attach an addition to the rear of his house and stay within the required setbacks. Mr. Slavin referred to where Mr. Espanet wants to build the additional structure and asked him how he would get out of there. Mr. Espanet replied that he would get out, as his house is on the: corner. It would be in the back, facing 2nd Street, and he would need a driveway. Mr. Slavin felt Mr. Espanet would still have a traffic hazard there because he would be coming into the intersection. He would have to pull out to make a left turn to come into S. W. 4th Avenue, and Mr. Slavin remarked that Mr. Espanet was right on top of his own garage. Mr. Espanet disagreed, saying he did not think Mir. Slavin had it right, and he referred Mr. Slavin to the sketch. He pointed out that his garage is on S. W. 4th. This would be a separate building, entering from the opposite street, and it would be far enough away from the intersection. Mr. Espanet added that he could not widen the garage because it was too close to the intersec- tion, and this would be quite a distance away from the intersection. Mr. Uleck asked how many total feet it is from the back of Mr. Espanet's house to the end of his lot line. Mr. Keehr answered, "Sixty-five feet." Mr. Uleck referred to the measurements shown on the sketch and the City Code and asked why Mr. Espanet could not move the garage towards the house, - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 which would give him 25 feet. He asked if this would be permissible. Mr. Keehr advised that Mr. Espanet could move the garage towards the house and stay 12 feet away from the house and have a garage 18 feet wide. Mr. Espanet said there are several garages in the area near his. The reason he wants to build away from the house is it would not interfere with the property lines of his neighbors. Mr. Uleck advised that the Code requires 25 feet and asked Mr. Espanet why~ he could not bring it in 12 feet. Mr. Espanet emphasized that was why he was asking for a variance, and he wanted tlo get it away from the house. In Mr. Uleck's opinion, Mr. Espanet was asking for a variance when it was not really a hardship. If he would move the garage five feet to the house, Mr. Espanet said his driveway would come directly to his neighbor's driweway. If he uses it for his van, Mr. Uleck said Mr. Espanet will use it once in the morning and once in the evening. Mrs. Artis pointed out that 20 feet would still not give Mr. Espanet a double garage. Mr. Uleck asked if the garage would be more or less for Mr. Espanet's tools. Mr. Espanet replied that he is think- ing of buying a boat and would also like to have the boat stored there, but his first concern was his tools, etc. He will need a two car garage. Vice Chairman Ampol asked if anyone else wished to object to the variance. Jo Ann Espanet, wife of Arthur C. Espanet, was in favor of the variance. Vice Chairman Ampol asked if anyone wished to speak in opposition to the variance. There was no response. Mrs. Artis was not sure Mr. Espanet understood the purpose of the Board and that the Members have to find a hardship is created by the City. She was thinking the Board needed to read that from the Code. Mrs. Artis could see a personal hardship but did not see a hardship created by the City, a change in the City Ordinances, or in the zoning. Mr. Uleck felt the garage could be moved towards the house, and then Mr. Espanet would be within the Code. He could not see any hardship. He told Mr. Espanet it was not something he could not do, and he could move the garage towards his building. Then they would not be changing the Code, which - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 requires 25 feet. Mr. Uleck said he would stand firm on that. He agreed with Vice Chairman Ampol that the hardship was definitely not created by the City. Mrs. Artis clarified for Mr. Espanet that the Board has to find a hardship has been created by the City in that an Ordinance has been changed, zoning has been changed, the property has been landlocked, or something of that nature. The Board is not allowed to give an affirmative vote on a personal hardship. She agreed with Mr. Espanet that he had a hardship when his van was stolen and that he needs a place to put his tools and his van, but advised it is a per- sonal hardship. Mr. Espanet reiterated that his reason for wanting a variance was to build a bigger garage. Instead of an 18 foot garage, he wants to build a 20 foot or possibly a 24 foot garage back there. He was thinking of a two car garage because some day in the future, he hopes to retire, have a boat, and keep the boat under cover. Mr. Slavin's comment that R-iA is strictly residential was confirmed by Mr. Keehr. Should the variance be granted and Mr. Espanet moves a truck or van in there, building material, etc., and his neighbors claim the City is permitting him commercial use of the property, Mr. Slavin asked if the City would not be in another bind. Mr. Keehr replied, "Only if the truck exceeded 3/4 ton. Vans are only 1/2 ton." Vice Chairman Ampol asked Mr. Espanet if he would be using any machinery in the garage. Mr. Espanet answered that he would possibly use a drill, hand tools, and a saw. Vice Chairman Ampol asked if there would be any heavy duty equip- ment or heavy duty machinery. Mr. Espanet replied it will just be lawn mowers, things like that, and hand tools. If the Board gives or denies the variance, Mr. Uleck told Mr. Espanet he will have to go to the city. If he decides to build a garage and make it bigger than 18 feet and wants to move it in, Mr. Uleck asked if it will be up to the City when Mr. Espanet applies for his permit. Mr. Keehr replied, "No." Mr. Uleck determined that if Mr. Espanet is going to move the garage back towards the building but wants more than an 18 foot garage, he will still be in violation of the Code because he will not be 25 feet from the back. Mr. Keehr confirmed this was right. Mr. Keehr advised that Mr. Espanet has to be 12 feet from his house and 25 feet from his rear property line, or he can - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 attach it to his house. Mr. Slavin added that there could be an entrance from the garage into the house. If he attached it to the house, Mr. Espanet commented that it would not look very good to him. It would be taking away the bedroom window and bathroom window too, but Mr. Espanet realized it was his problem. Mr. Uleck understood but reminded Mr. Espanet that he cannot have everything. Mr. Espanet pointed out that the reason he was appearing for a variance was to build the garage in the back yard and to keep it away from his house. Mr. Uleck reiterated that he could not see where the city was creating a hardship. Mr. Slavin moved that the variance on Case 989 requested by Mr. Espanet be DENIED for the following reasons: 1. There is no hardship involved in the application. 2. The city has in no way rezoned the property. Mr. Espanet has an alternative, wherein he can help him- self without coming to the city for a variance. Mr. Uleck seconded the motion for the same reasons. No discussion. As requested by Vice Chairman Ampol, Mrs. Ramseyer took a roll call vote on the motion. The motion to DENY carried 5-0. Mrs. Artis voted in favor of denying the motion because it could not be shown that the city caused a hardship. The variance was DENIED 5-0. Mr. Espanet asked what would happen if he applied for a bigger building. Mr. Slavin answered that the Board has nothing to do with that. The Building Department gave him the violation. Vice Chairman Ampol pointed out that Mr. Espanet had a solution and it was up to him if he wanted to do it. Mr. Espanet exclaimed, "To build something smaller!" Vice Chairman Ampol advised that the Board Members have to stick to the City Code, which is "their bible." Mr. Espanet was not getting angry but said he got the wrong impression because he thought he would be up for a variance to build in the back, where the property is of no use. He has all of this property in the back, and the Board wants him to build the garage on top of his house and make it look like an eye sore. A lot of garages are around there, and they look like shacks. Mr. Espanet argued that the City was causing him to build a shack, and he wanted to build a nice building in the back yard. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 Mr. Espanet asked if he could have a copy of the minutes. Mrs. Ramseyer informed him that he would get a copy after the minutes are approved, but it would take over a month. He could talk to the City Clerk if he wants a copy sooner. Case #91 - North 12.5' of Lot 252 & Lot 253 LAUREL HILLS, 5TH ADDITION Recorded in Plat Book 23, Page 183 Palm Beach County Records Request - Relief from R-1AA zoning requirement of 75 ft. lot frontage to be reduced to 62.50 lot frontage for construction of single family residence Address - 1016 N. W. 8th Street Applicant - John Churey Acting Secretary Slavin read the application and the answers to question 5 (a-f) and said the Warranty Deed was dated June 15, 1983. He also said the Members had a copy of the survey. Notices of the Public Hearing were sent to all people within a radius of 400 feet. Florence Sharon, 925 N. W. 10th Avenue, Boynton Beach, wrote that it met with her approval. Vice Chairman Ampol emphasized that it is necessary to get the purchase date of property because a lot of areas were rezoned in June of 1975, and they could come under the grand- father clause. John Churey, 931 N. W. 10th Avenue, requested a variance to build a single family structure on the lot. Mr. Uleck recalled that all of the lots on the block are built up, and Mr. Churey's lot is the only one that is vacant. Mr. Churey showed the Members a plan of the house he wants to build. If a variance is granted, Mr. Slavin asked if the property would support the house and if it would meet all Codes. Mr. Keehr answered affirmatively. Mr. Slavin looked at the property, saw the surveyor's stakes, and confirmed it was the only empty lot on the block. He thought a house would be conducive to making the neighborhood appear 100% as it should. It is a very fine residential area, and the property is landlocked. Mr. Slavin was not sure Mr. Churey was told what the Zoning Codes were when he bought the property but said the Board's problem was the property per se. Acting Secretary Slavin had no more correspondence in favor or against the variance. Acting Chairman Ampol asked if - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 anyone wished to speak in favor or against the variance, and there was no response. Acting Chairman Ampol preferred to see a beautiful house than a load of garbage and bed springs on an empty lot. Mr. Churey commented that he has cleaned the lot up about two or three times since he bought it. He likes to keep it up because of the neighbors and added a nice house will be there when he is through with it. In view of the fact that the land is landlocked, Mrs. Artis moved that the variance be granted, seconded by Mr. Slavin. A roll call vote on the motion was taken by Mrs. Ramseyer and carried 5-0. The variance was granted. Meeting of Community Redevelopment Agency Mrs. Ramseyer reminded the Members that an agenda for the CRA's meeting was in their box. The next meeting of the CRA will be August 15, 1985 at 7:30 P. M. in the Council Chambers. The Agency sends copies of their agendas to all Boards. Pending Requests for Meeting of September 9, 1985: Address: Owner: Request: 216 S. E. 7th Avenue Donald B. Finton Lot size Case on Hold: Proof of Ownership required Address: Owner: Request: 731 N. E. 8th Avenue - Case ~84 Eva Michelle Simmel Lot size Mr. Keehr informed the Members that the Building Department has had trouble on ownership on this case. If there is only one case for next month, Mr. Slavin wondered if the Board would still meet. Mr. Keehr replied that they would meet. Bob Fauser, Deputy Clerk, Palm Beach County, who was in the audience, had a chance to follow this case and said he is Mr. Brown's neighbor. ADJOURNMENT Mrs. Artis advised that the Board needed to adjourn. Mr. Keehr said Mr. Fauser could talk to him after the meeting. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 12, 1985 Mr. Slavin moved, seCOnded by Mrs. Artis, to adjourn. MOtion carried 5-0, and thee meeting adjourned at 8:00 P. M. (Two Tapes) - 9 -