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Minutes 07-08-85MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL cHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JULY 8, 1985 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George~iAmpol, Vice Chairman Lillian Artis George Mearns Paul Slavin B!en!Uleck D!annyiO,!Brien, Alternate RiaYmond!Eney, Alternate ABSENT RObert Gordon, Secretary (Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:00 P. M., introduced Mr. Keehr, Members of the Board, the Recording Secretary, and recognized the presence in the audience of Councilman James R. Warnke, Councilman Carl Zimmerman, and Hank Thompson, Chairman of the Community Redevelopment Agency. He announced that Secretary Gordon is up north, requested Mr. O'Brien to take his place on the Board, and asked that Mr. Slavin serve as Acting Secretary. MINUTES OF JUNE 10, 1985 Vice Chairman AmpUl moved, seconded by Mrs. Artis, to approve the minutes as presented. Motion carried 5-0. Mr. Mearns, Mr~ Uleck, and Mr. Eney abstained from voting as they were not present at the June 10 meeting. PUBLIC HEARING Chairman Thompson noted that there was a full Board tonight. He pointed out that this was not a majority Board. Five votes would grant and three votes would deny any request. Along with on-site observation, Chairman Thompson said the Members base their decisions on whether a hardship has been placed on the property by the City, County, or any other form of government, and also on the six criteria, which he read. Case # 83 Lots 84 and 85 LAKESIDE GARDENS Recorded in Plat Book 8, Page 57 Palm Beach County Records - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Request - Address - Applicant - Owner - Relief from R-1AA zoning requirement of 75 ft. lot frontage to be reduced to 50 ft. lot front- age for construction of single family residence 643 Potter Road John Pokorski Robert F. Griffith, Jr. Acting Secretary Slavin read the application, the answers to the six questions (a-f) under paragraph 5, the Statement of Intent, and made reference to the documents attached thereto. Mr. John Pokorski, 6150 N. W. 34th Terrace, Fort Lauderdale, Florida 33309, stated that he wants to build a residence there but cannot until he gets a variance. Mr. Uleck asked if Mr. Pokorski, as an individual, was going to build on the property or if he was going to sell the property. Before the meeting started, Mr. Pokorski heard Mr. Slavin talking to Mr. Keehr about property on the other side. Mr. Pokorski said his brother and he are buying these lots, and his brother will be building a house on Lots 84 and 85. Mr. Pokorski informed the Members that he and his brother will be working in Boca Raton within a year or so, and he is definitely building on Lots 90 and 91. Although he initially applied for the variance on Lots 84 and 85, Mr. Pokorski said his brother will be building on Lots 84 and 85. He informed Mr. Uleck that each of the lots border around a corner lot. Mr. Pokorski assured Mr. Slavin that he did not buy the lots with the intention of building a home and selling it. It will be within the family. Chairman Thompson advised Mr. Uleck that there is no avail- able property there. 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. There was no response. Acting Secretary Slavin announced that there were no communications. When the property was platted, Chairman Thompson said it was conforming. Also, there really is no available property. Chairman Thompson pointed out that the variance is on the property, not on the owner, and it makes no difference who owns the property. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. Uleck moved to grant the variance because no other property is available, and he would rather see a home built than to have a vacant piece of property. Vice Chairman Ampol seconded the motion because he would rather see a house there than garbage dumped on a vacant lot. Mr. Slavin asked if it would meet all Code specifications and setbacks if the variance is granted and a house is built. Mr. Keehr replied that it would. At the request of Chairman Thompson, the Recording Secretary took a roll call vote on the motion, and the motion carried 7-0. Case 984 Address: Owner: Request: 731 N. E. 8th Avenue Eva Michelle Simmel Lot size Chairman Thompson announced that this was placed on the agenda for August 12, 1985. Case 985 - Lots 71 and 72 THE LAWNS Recorded in Plat Book 9, Page 69 Palm Beach County Records Request - Relief from CBD zoning requirement of 15,000 square feet minimum lot area to be reduced to 10,000 square feet lot area to utilize lots for permitted zoning use Address - 640 S. E. 1st Avenue Applicant ~- A1 Dean, Jr. Mr. Keehr told the Members this was a continuance of Case #62, which they had before. Because of circumstances that happened since the last hearing, the facts have been updated. At that time, Chairman Thompson recalled no deci- sion was made. Mr. Keehr agreed and added that it was tabled because it was in the downtown redevelopment area. Acting Secretary Slavin read the application; the answers to question 5 (a-f); Facts; letter dated May 29, 1984, from Henry E. Thompson, Chairman, Community Redevelopment Agency; and a letter from Alice and Gaetano V. Cruciani, 210 Horizons East, Apt.. 305, dated May 30, 1984. Mr. Keehr referred to the letters read by Acting Secretary Slavin and advised that the letters were received over a year ago and, since that time, there have been changes in - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 the zoning of that property from C-3 to CBD, which zoning is in effect today. Also, the moratorium that Chairman Hank Thompson spoke of was lifted. This was what the Board of Adjustment was waiting to happen before hearing the case. Mr. Keehr continued that there were also additional facts to update this, and it states that this was rezoned from C-3 to CBD. However, CBD (Central Business District)'has the same restrictions as C-3, so Mr. Keehr said it falls into the same variance category. Mr. A1 Dean, Jr..,921 Cypress Drive, Delray Beach, Florida, wants to either sell the property or build something on it. He has been holding the property for a long time for an investment, which was what this was all about. In 1980 or 1981, they changed the zoning. Before the first rezoning, Chairman Thompson said the lot was conforming. Mr. Keehr informed the Members that Mr. Dean owned the property when it was conforming. Chairman Thompson asked why Mr. Dean was not grandfathered in. Mr. Keehr answered that there are no legally non-conforming lots in the commercial field, only in residential. Mr. Uleck asked why 1st Avenue was commercial when condo- miniums are behind it. He commented that it should be a residential area for apartments, condominiums, or homes but should not be a business area. Mr. Keehr advised that C-3 zoning can be utilized as a multiple family area. It is the only commercial zoning that you can build multiple family homes in and may have been the reason for the switch from C-4 to C-3. However, Mr. Keehr said it is now zoned CBD (Central Business District), which has its own list of uses. Vice Chairman Ampol interjected that R-3 also provides for multiple dwellings. Mr. Keehr said that was the rela- tionship between C-3 and CBD. Chairman Thompson asked Mr. Keehr to explain why the Members of the Board did not act on it when it was brought before them the first time. Mr. Keehr recalled that they felt, perhaps through the rezoning to CBD, it might be a conforming lot after the rezoning, but it did not turn out that way. Even if they had acted on it, Chairman Thompson added that they could not have done anything with it. Because of the concern of Sterling Village, Mr. Mearns asked if there were any height restrictions on a building that could be built on that property. Mr. Keehr answered that the property would now permit 45 feet. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. Slavin asked if Mr. Dean wanted a commercial enterprise. Mr. Keehr had no idea what Mr. Dean wanted to do with the property. At this time, he just wants to get it into a state where he can do something. If it is in the CBD area, Mr. Slavin asked if Mr. Dean could put up a singe family home or a multiple building. Mr. Keehr advised that Mr. Dean cannot put up a single family. He was not sure as to the uses in the CBD but said they are probably commercial. Mr. Keehr thought the question could be answered by Chair- man Thompson. Mr. Slavin inquired why Mr. Dean was asked to be here, and why the Members had this for consideration tonight if they did not know what it was all about. Mr. Keehr reminded Mr. Slavin that it was no different than the case the Members just had prior to this of a non-conforming piece of property in dimensions only, which was why Mr. Dean was here. The property is 5,000 square feet too small. Mr. Slavin asked Mr. Dean what he contemplated building on the property. Mr. Dean' had no intention of doing anything at this time. He just wanted to get the lots :free in case he wants to sell it. A lot of persons inquired about purchasing the lots. Chairman Thompson wanted to get one thing clear. He advised it was not the Board's concern what would be built, and the Members should keep that in mind. All variances are on the property and whatever Mr. Dean builds will fall in the CBD. Mr. Keehr advised Mr. Slavin that it will have to fall with- in the CBD because it is zoned that way. Mr. O'Brien felt they were getting more into a discussion over zoning than variances. He pointed out Mr. Dean's property is zoned CBD, and Mr. Dean was before the Board tonight asking to be allowed to do something with the lots that are not nonconforming. That was all the Board should be thinking of. Mr. Mearns asked if there was any other property available that could be purchased to make the lots conforming lots. Mr. Dean replied that there is property around it. He called Gene Moore but that is another hardship he would be thrown into. Since it is C-3, Mr. Uleck asked Mr. Dean what variance he wanted and said he could sell the lots as C-3. Mr. Dean replied that they are not useable lots because 15,000 square feet is not there. Chairman Thompson informed Mr. Uleck that Mr. Dean was asking for a variance of 5,000 square feet. Mr. Uleck asked if he was right in saying Mr. Dean cannot do anything with the lots. Mr. Keehr affirmed that - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 was correct. Mr. Dean said he has had people come to buy, but when they check with Zoning, they do not want to buy. Mr. Uleck determined that Mr. Dean was really boxed in and people around him could squeeze him to sell it. Mr. Dean was sure the man with the condo would like to keep a vacant lot there, so he was boxed in. He was always under the impression that the parking lot next to him was part of the apartment there. Mr. Keehr confirmed that it is. Attorney Gene Moore is the only one to the west side that would have lots availabe to purchase. 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. Elizabeth Bingham, President of 112 South Federal Highway Corporation, said this is the corporation that owns the building on the corner of 1st Street and Federal Highway and also the parking lots which occupy Lots 65 and 66. When they built the building, they were required to have adequate parking, not only for the people using the building but also for their customers. There have been very strict rules and regulations on other people building buildings in this area, and Mr. Dean's building has a nice commercial area. Ms. Bingham said there are six plots between their parking lot and the parking lot at the end, which she believed belongs to Sterling Village. One variance can very well lead to two variances, and you could have three plots of 10,000 square feet apiece. It seemed to Ms. Bingham that the people who own the land there should put it together in two separate plots, which would be 15,000 square feet each. If they are going to try to rejuvenate the downtown of Boynton, Ms. Bingham thought they should have adequate parking so people will come into the area to use the facili- ties. She still thought they would want to start building small buildings, or they will not have adequate parking. Ms. Bingham said they already have problems with their parking lot. She does not like to have people's cars towed away, but they cannot have people using other facilities on their parking lot. Regardless of what is ever built there, Chairman Thompson asked if it would meet all parking space requirements and all other requirements. If chairman Thompson was asking whether all other ordinances would be met if a variance was - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 granted to construct on the 10,000 square foot lot, Mr. Keehr replied that they would have to be. Ms. Bingham asked how much parking there would be and expressed her feeling that there should be some suggested plans before a person asks for a variance so people would have some idea of what they are up against, although she realized that is not the way it is done. Mr. Keehr advised that it is not a requirement and has never been a require- ment insomuch as the use of the lot will regulate the park- ing. If it is a restaurant, it will require much more park- ing. If it is an office building, it will require very little parking, which means they could build a big office building or a small restaurant. Then Ms. Bingham said the customers of the office building will use the parking spaces around them. Mr. Keehr po~inted out that they would have to follow the City's regulatiions as to parking require- ments per use. Parking requiremelnts for office buildings are one for every 300 square feet of office space, which has been found to be adequate throughout the city. When they built their building, they had that, but Ms. Bingham said the City found the useage in the building was such that they were required to buy the two lots on the other side to make additional par:king because it was not enough. The building was built in 1959. Mr. Keehr agreed it is not a perfect system but said it has worked for the last ten years. Ms. Bingham remarked that it is a pro- fessional building. For clarification, Mr. O'Brien advised that the City of Boynton Beach did not have parking requirements. Ms. Bingham argued that they were made to buy an additional park- ing lot for the building, and the people have been there since the building was built. If they give the variance to Mr. Dean, Mr. Uleck asked if Mr. Dean will have to get a permit when he wants to build on the property. He asked if he was correct in saying that Mr. Dean could not build if he does not follow the City's Code. Under the new zoning of CBD (Central Business District), Mr. Keehr advised that Mr. Dean will be required to submit plans to the Downtown Review Board because he is within the redevelopment area. The Downtown Review Board will look at the building site through the eyes of the Community Redevelopment Agency (CRA), who will also look at it, plus it will go through all of the other normal Boards of the City. If Mr. Dean adheres to all of the regulations and to the demands of those Boards, he will be entitled to a building permit. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. Uleck questioned the fact that Mr. Dean had to go before the Downtown Review Board when he owned the property long before the downtown redevelopment was started. Mr. Keehr replied that the Community Redevelopment Agency was started a couple of years ago. The Downtown Review Board was just implemented. As Hank Thompson, Chairman of the CRA, was present, Mr. Keehr said he could give Mr. Uleck all of those answers. If the Board grants a variance to Mr. Dean and he wants to build a commercial use, normally, he would submit the plans to the Building Department. Mr. Slavin wondered if Mr. Dean had to submit the plans to the CRA for its approval, if the plans are or are not suitable with the CRA's overall plan. Mr. Keehr answered that Mr. Dean will submit plans to the Building Department; the Building Department will review the plans through the Technical Review Board, and they will go from there to the Downtown Review Board and back through the other channels. Mr. Slavin asked if the Downtown Review Board would have the final say as to the construction on that property. Mr. Keehr replied that the Downtown Review Board will give some direction as to what is built. Mr. Slavin referred to the last seminar the Board had and felt this was the direct opposite. Mr. Keehr advised the Members to look at the property from this standpoint: Mr. Dean was asking for a variance to make his property build- able. Mr. Dean is in the position of every other individual within this zoned area who now has a conforming lot. For example, Attorney Gene Moore owns 200 feet of frontage and has more than enough to conform with the CBD requirements and can build on his lot, but Attorney Moore will have to go through the same procedures. Mr. Keehr told the Members what they are actually trying to do in this case is to grant or not grant a variance for a non-conforming piece of property. Mr. Slavin asked why'the applicant is coming before this Board when he must have another review. Unless the Board grants Mr. Dean the use of his property, Chairman Thompson said he cannot go to the other Board. This Board~can grant a variance if they feel they should. All they would be doing would be permitting Mr. Dean the use of his property, which they cannot deny anyway. After that, the other Boards will take over and determine what should be built on the property. Hank Thompson, Chairman of the Community Redevelopment Agency, called attention to the fact that the CBD Ordinance governs the use of the land in the Central Business District. The Central Business District (CBD) is the center core of - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 that area, and the Ordinance was just passed by the city Council a few weeks ago, and the moratorium was lifted, whereby anybody who owns property in the CBD area follows a certain zoning pattern. The uses can be mixed, as was pointed out. With regard to speaking against the variance, Mr. Thompson said the CRA knew, and he was sure the City did too when they passed the Ordinance, that there would be some non- conforming lots left in that particular area. The position that the CRA took was that they would most urgently require as strictly as possible that the requirements be upheld for the good of the development of the downtown area. However, Mr. Thompson was sure that in no case would the CRA or the city deny the use of land if other land was not available. In this particular instance, it appeared other land was available, which would make it conforming for Mr. Dean or anybody else in that area to build under the existing CBD Ordinance. For that reason, Mr. Thompson was instructed by the CRA to request that the Board d__en~ the variance unless a hardship existed because of no other available property. Mr. O'Brien asked if the CRA was ready, willing, and able to purchase Mr. Dean's property. Mr. Thompson replied that the CRA is not purchasing property. The CRA is an arm of the city. Mr. Slavin asked if it would be a hardship if Mr. Dean could not afford to buy any more property. Mr. Thompson thought it would be. Mr. Slavin said then, there was a hardship. Mr. Thompson did not know that was the case but said he is a strong advocate of private property rights. He emphasized that the CRA requested that the variance be denied, based upon the fact that there would be no hardship involving the purchase of other land to make it conforming. Mr. Thompson continued that there are many things about the CBD Ordinance that would be helpful to an owner of that property if he would add to it. It is what they call platting. Land area under the CBD Ordinance can be covered up to 75% with an improvement in contrast to 40% in other areas of the city. Mr. Slavin commented that was not in the scope of the Board, and all the Board is concerned with is the City Code. Mr. Dean was asking for a variance because his property was non- conforming. At one time it was conforming, and it was not made non-conforming through any acts of Mr. Dean. Mr. Slavin could appreciate the concern of the CRA but felt it was afield from this Board because all the Members should be - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 concerned with should be that Mr. Dean was asking for a variance of 5,000 square feet. In the workshops the Members have attended, they have been told they cannot deprive a man the use of his property. Mr. Thompson was sure the CRA thought they would be remiss if they did not present their feelings to the Board. If the Board grants Mr. Dean the variance so he can use or sell his property and the plans do not conform, Mrs. Artis asked if whoever presents the plans would have to come back before this Board. Mr. Keehr replied, "No." He advised it would just give Mr. Dean the use of the property. Mr. Dean would be able to build or not build on his property but must abide by all zoning ordinances. Acting Secretary Slavin read a note from Mary and Theodore M. Fick, Jr., 211 Longworth Avenue, Hasbrouk Heights, New Jersey 07604, stating they were not in favor of the rezoning of Lots 71 and 7:2. There were no other communications. Chairman Thompson informed Mr. Uleck that Mr. Dean owned the property before it was rezoned the first time. Mr. Uleck asked why Mr. Dean should be squeezed in and said the other "guys" on both sides would make some money on it. It did not seem fair to Mr. UleCk. He thought if Mr. Dean purchased his land before the rezoning, he should be given the variance. Chairman Thompson reminded Mr. Uleck that Mr. Keehr pointed out that this is commercial property and can- not be grandfathered in. Mr. O'Brien moved to grant the request for variance because it was a viable piece of property in 1978 and was rezoned twice. Mr. Dean came to this Board over a year ago, and no action was taken by the Board. Mr. O'Brien thought Mr. Dean did all in his power he could do and believed Mrl Dean would have gone to an alternative if there had been one he could have gone to in the last year rather than sit on the property. There is vacant property to the west with 200 feet of frontage owned by one party. If that party were to sell a portion of that property, which Mr. O'Brien did not think they would, then that party would be questioned on the use of his property. Therefore, he did not believe there was property available and did not think the Board should hold Mr. Dean up any more. Mr. Mearns seconded the motion. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0. chairman Thompson declared a five minute break at 8:15 P. M. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Case %86 - Lot 10, Block 4 FIRST ADDITION TO ROLLING GREEN Recorded in Plat Book 24, Page 86 Palm Beach County Records Request - Relief from R-lA zoning requirement of 7,500 square feet minimum lot area to be reduced to 6,420 square feet lot area for construction of single family residence Address - 1625 N. E. First Street Applicant - Steven J. Petrone Owners - Ray L. and Lottie G. Ennis Acting Secretary Slavin read the application and the answers to question 5. Mr. Steven J. Petrone, 2536 - 10th Avenue North, %304-S, Lake Worth, Florida, came before the Board and informed Mr. Uleck this was the only vacant lot in the block. Mr. Uleck thought the Board should give Mr. Petrone the variance. Vice Chairman Ampol asked if this was in the old Rolling Green area. Mr. Keehr answered affirmatively. Vice Chairman Ampol commented that a lot of 50 foot lots there already have houses. Mr. Petrone informed the Members that within the last nine or ten months, a similar variance was granted to a builder who constructed on two lots directly across the street. Vice Chairman Ampol asked Mr. Petrone if he would be building a house for himself. Mr. Petrone replied that he is going to have a contractor build a house there and then he will decide whether he will move there. He added that he probably will not move there. Chairman Thompson asked if anyone else wished to speak in favor or against the granting of the variance. There was no response. There were no communications. Chairman Thompson pointed out that this lot is landlocked in with no available property on either side. The Members should keep in mind that the variance is on the property only. It seemed to Chairman Thompson that wherever there is a vacant lot, people throw all of their trash on it. When cases like this come before the Board, the Board has spoken out many times in the past on whether they should be handled by the Board or the Building Department. However, Chairman Thompson said the cases do come before the Board, and they have to act on them. - 11- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Vice Chairman Ampol moved to grant the request for a variance, seconded by Mr. Uleck. Mr. O'Brien noticed the request was for 1,080 square feet. The square footage of the lot would make it more than 1,080 square feet. Mr. Keehr asked if Mr. O'Brien was saying the variance would require more than 1,080 square feet. Mr. O'Brien replied, "Yes," and said it could be a typographical error. He pointed out that the intent of the motion should be to make the lot bUildable. Under those circumstances, Mr. Keehr thought the motion should be rephrased to say that the varianCe be granted so that the lot will be a buildable lot. Chairman Thompson said the Members were looking at the measurements. Mr. O'Brien explained that the measurements of the lot were 60x107, but it is not a 90 degree lot. Therefore, the 107 is probably 106.8, which would cause a deficiency of more than 1,080 feet. After discussion, Mr. O'Brien told Vice Chairman Ampol he thought it would be a deficiency of 1,090, or maybe 1,100 feet. All he was saying was that the.motion should be so stated. After more discussion, Vice. Chairman Ampol amended his motion by moving that the variance be granted and that it be a buildable lot. Mr. Uleck seconded the motion. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0. Case 987 - The North line of Lot 11, less the East 188 feet thereof, BENSON BROTHERS SUBDIVISION Recorded in Plat Book 5, Page 27 Palm Beach County Records Request - Relief from Section 4-J Appendix A-Zoning, Boynton Beach Code of Ordinances, stating fences, hedges and walls shall not exceed 6 feet in height in residential zones, to allow construction of a fence 14 feet in height along the north property line for approximately 150 feet Address - 4475 North Ocean Boulevard Delray Beach, Florida Applicant - Bill Ames St. Andrews Club Acting Secretary Slavin read the application and the answers to questions a-f under paragraph 5. He also read a letter dated May 7, 1985 from Francis P. Richard, Manager, The St. Andrews Club Inc., 4475 North Ocean Boulevard, Delray Beach, Florida 33444-7599, authorizing William Ames to represent The St. Andrews Club Inc. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8 , 1985 Acting Secretary Slavin further read a letter dated May 2, 1985 from Kathleen A. Strother, Vice President, First National Bank in Palm Beach, 4600 Ocean Boulevard, Boynton Beach, Florida 33435, stating the bank had no objection to St. Andrews Club increasing the height of the fence and/or hedge along the north end of the golf course by three feet. He also read a letter from Harold J. Taylor, Vice President, Briny Breezes, Inc., 5000 North Ocean Boulevard, Boynton Beach, :Florida 33435 (owner of the property directly North of and adjoining St. Andrews Club) stating they have no objection to a 4' high extension, approximately 150' long above the existing chain link fence between the two properties. Mr. William Ames came forward to represent The St. Andrews Club. Mr. O'Brien asked if there was any specific notation of where the 150 feet would be. Mr. Ames replied it would be along the north property line. If the Board granted the variance, Mr. O'Brien asked if the Building Department would be satisfied with where the fence would be erected. Mr. Keehr replied that the variance is for 150 feet of fence on the north property line. Mr. O'Brien noticed that the north property line is over 150 feet long. If they grant a variance for 150 feet, Mr. Keehr said that is only how long it can be. Mr. Ames indicated on the plan to Mr. Uleck where the fence would be and said they are trying to be a good neighbor and stop golf balls. He explained that from the Intracoastal to A1A, there are 710.35 feet. Mr. Uleck determined that they just want to go where the problem is with the golfers hitting golf balls across. In a couple of years, Mr. Ames felt the hedge would be high enough to stop the balls and they could take the fence down if the City wants. Chairman Thompson noticed the present fence is six feet high. He noticed the First National Bank's letter stated that the applicant plans to increase the height of the fence and/or hedge along the north end of the golf course by three feet. Mr. Ames said that was a mistake. Chairman Thompson observed that the letter from Briny Breezes said four feet. He asked if First National Bank and Briny Breezes were aware that the request was for more than three or four feet because the applicant was really asking for eight feet. Mr. Ames explained that they are trying to get it so people will not be able to see above the hedge. It will only be above the hedge and not above the fence. The fence is six feet, and the hedge is ten feet. It would only be until the hedge grows. - 13- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. Uleck knew it was against the City Code to go above six feet. He talked with several people during the recess, and said they are for the fence, but he was doubtful when our rules are six feet, and the applicant wanted to go 14 feet. Chairman Thompson asked if there was a height limitation on hedges in that area. Mr. Keehr replied that there certainly is. Vice Chairman Ampol commented that he has seen Sea Grapes about four feet high. Mr. Keehr advised that Sea Grapes can be trees, He referred to Mr. Uleck's statements and said that over the years, each case is determined on its own merits. There are not too many cases where people try to protect their neighbors from golf balls. There are cer- tain hardships, and a hardship was What the Members had to base their decisions on. Mr. Mearns asked if the only hardship was complaints from Briny Breezes. Mr. Keehr replied, "Hopefully." Vice Chairman Ampol asked if they wouldn't be setting a precedent by going up to 14 feet. Chairman Thompson reminded the Members that every case before them is in violation of some law, and they have to determine whether there is a hardship. If they met Code, they would not be before the Board. No case sets a precedent because each case is based on its own merits. Chairman Thompson noted Mr. Ames said that in time, the hedge will grow up. He asked approximately how many golf balls go over there. In the last season, Mr. Ames knew two golf balls went over and broke windows. Someone commented that the ones that break windows are the only ones you hear about. Mr. Slavin asked how many feet they were talking about. Mr. Keehr answered that they were talking about a total of 14 feet. However, there are certain areas in R-3 zoning that only permit a height of four feet. T° cover the variance in all aspects~ the applicant was asking for 14 feet. Mr. Uleck asked Mr. Ames what made St. Andrews Club think of putting a fence up to 14 feet. Mr. Ames replied that they are trying to be a good neighbor. Mr. Uleck asked if there was any reason besides the golf balls. Mr. Ames hoped ~it would solve the problem. If it is required, he said the fence can be taken down later on. They have put awning trees along there, which will grow. Someone asked if they have a driving !range. Mr. Ames replied that it runs parallel to the fence, but it is not easy to !get a golf ball over the fence. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mrs. Artis asked if the City has any say about the kind of hedge. Mr. Keehr answered that through the Community Appearance Board, the City would not permit an Australian Pine hedge, and he suspected that could be for the reason that Australian Pine hedges in the City grow so high and are no longer hedges but trees. They can be cut down, but then you have stumps. At that time, Mr. Keehr said there was no law against planting an Australian Pine hedge. Mrs. Artis was thinking if what the applicant put up was considered a tree, it could grow taller than six feet. If it is an Australian Pine hedge, Mr. Keehr said it would be legal. According to the survey, Mr. Slavin said it was a Ficus hedge. Mr. Keehr advised that a Ficus hedge could also be considered legal. Chairman Thompson asked if anyone wished to speak against the variance, and there was no response. There were no communications. Mr. Uleck talked to the people next door, and no one was against it. Everyone was for it. For the safety of the people and since Mr. Ames said they would take the fence down when the trees are grown, Mr. Uleck thought the Board should grant the variance. Mr. Slavin recalled a case where a man wanted a fence around his tennis court, and the people in the area asked that the fence be permitted. He recollected that the variance was denied but pointed out that one case does not reflect upon the other. Chairman Thompson called attention to the fact that this was a self-imposed hardship, and it had nothing to do with the City or the Board. He said the Members should keep that in mind. When a Member asked that a variance be granted and the Code be changed for the safety of the people on one piece of property, Chairman Thompson found it difficult to see that side. He had asked how many golf balls went over the fence and did not think two broken windows in one year were that many. You get more than that in a neighborhood with children. When the Zoning Code was written, Mr. O'Brien said it could not address itself to all matters of concern. When talking about golf courses or any sports facility, there are certain criteria that cannot be written in the Code. Mr. O'Brien thought this was a unique situation and that there was no way it could be covered in the Code. He felt the only relief people had to correct a problem was to go before this Board or Boards similar to it. Mr. O'Brien moved to approve the request for variance, seconded by Vice Chairman Ampol. At the request of Chairman - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Thompson, Mrs. Ramseyer took a roll call vote on the motion. The motion was DENIED by a vote of 2-5. Mr. O'Brien and Vice Chairman Ampol were the only ones voting for the request. The request for variance was DENIED. Case %88 - Lot 17 WILMS WAY Recorded in Plat Book 23, Page 110 Palm Beach County Records Request - Relief from 12,000 sq. ft. minimum lot area required to be reduced to 11,180 sq. ft. lot area for conversion of four-plex to triplex (internal modifications only) Address - 1155/1157 Willard Way Applicant - James W. and Florence Marsh Acting Secretary Slavin read the application and the answers to paragraph 5. Beril Kruger, of Beril Kruger & Associates Zoning Consultants, 2601 North Federal Highway, Delra¥ Beach, referred to the agenda sent to Mr. and Mrs. Marsh with the statement of facts and said %7 states this is a self-imposed hardship. Mr. Kruger showed the Members a page he received from the Tax Department. The appraisal date was 8/11/83 in the name of James T. Barnes, Jr. and Loretta C. Barnes, and it said "Triplex/Quadraplex." Mr. Kruger showed where it was printed 8/18/84, proving that this was a quadraplex prior to the purchase of the property by Mr. and Mrs. Marsh. Mr. Kruger also had the original plans that were given to Mr. Marsh by the electrician that did the electrical work on the property. He indicated the area in question, the two efficiencies, and where the kitchens were originally put in 1981. The plans were drawn on 4/7/79, and everything was put in when the building was originally built in 1981. Mr. Kruger told the Members the request for variance was for 820 square feet to use the property as a triplex. The property is an area zoned R-3 for multi-family. Special conditions and circumstances exist. Mr. Marsh purchased the property with the building existing on it as a fourplex. There were four units and no violations existing on the pro- perty in January, 1984, when Mr. Marsh originally signed the contract, and at the time he closed on the property (May 24, 1984). The violation was sent on November 26, 1984. Mr. Marsh is the third owner of the property. The original owner is the one that turned the building into a fourplex. - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 If the building was originally a duplex and converted after the C. O. into a fourplex, Mr. Kruger said it was probably done by the original owner. The previous owner, Mr. Barnes, kept it in the same configuration as it is now when he purchased it in 1983. There are three electric meters. One meter is for the two efficiencies, and there is one meter each for the two origi- nal apartments. It was Mr. Kruger's understanding and Mr. Marsh's understanding that the owner paid the electric for the two efficiencies as they were rented seasonably by the week. The other two apartments were paid for by the occu- pants. After he received the violation notice in November, 1984, Mr. Marsh went to the City, met with Mr. Keehr, and was told about the square footage and that the property was zoned for a duplex. Mr. Marsh looked up the zoning and found it was zoned R-3 multi-family, which allows up to 10.8 units per acre. The property to the north is a duplex. The property to the west is a duplex. There is one lot between Mr. Marsh's property and the commercial property to the west. The property to the south has rental apartments, and the property to the east is Mariner Village, which is multi- family townhouses. Mr. Kruger told the Members special conditions existed and circumstances did not result from the actions of Mr. and Mrs. Marsh, so it was not a self-imposed hardship. They purchased the pr. operty like this three or four years after it was built and in the same configuration that it is now. Since the property is zoned R-3 and the surrounding area is predominantly multi-family, Mr. Kruger said they feel this would not impose any hardship on the neighboring properties or be detrimental to the area. Mr. Kruger stresSed that the variance requested of 820 square feet was the minimum variance that would make possible the reasonable use of the property. Granting the variance would be in harmony with the general intent and purpose of the Board. If approved, the variance would not be injurious to the surrounding properties or neighborhood. A triplex will fit in and conform with the intent of the Code and general character of the neighborhood. Mr. Kruger informed the Members that Mr. and Mrs. Marsh are now living on the property, want to be good neighbors, and respectfully requested that the variance be approved. Mr. and Mrs. Marsh had no knowledge of any violations to the Zoning Code or Building Code at the time they purchased the - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 property. When Mr. and Mrs. Marsh complied with the Codes Enforcement Board's order to vacate the two efficiencies, Mr. Kruger said it was signed by Mr. Keehr. Mr. and Mrs. Marsh are now working within the system according to the Codes and Ordinances of the City and are trying to eliminate much of their hardship. According to the blueprint, Mr. Uleck said it was actually a duplex originally. He asked how they made it into a tri- plex. Mr.. Kruger showed that what would have been a third bedroom was made into double baths and closed off from the other two bedrooms. Where the kitchens were in the apart- ments, thiey added a sink on the other side of each one, back to back. "Bath 3" is the bathroom for the third bedroom. It was built with the intent of turning it into a fourplex. Evidently, most of it had been done prior to the C. O. Mr. Kruger said it was the electrician's plan, and he checked off every one of the receptacles. Mr. Uleck asked if Mr. Kruger was saying it was approved by the City Inspector. Mr. Kruger replied that he was not saying that and did not know that. It was definitely not approved by the City, because the City could not approve it by the zoning district. Mrs. Artis noted Mr. Kruger said Mr. and Mrs. Marsh were the third owners of the property and asked if the other two owners received any notices of violation. Mr. Kruger answered that they never received any notices. The Marshes purchased the property in May of 1984, and a violation notice was never given out prior to 1984. Mr. Slavin was under the impression that it was built as a triplex. Mr. Kruger clarified that it was built as a duplex and converted into a fourplex. The Marshes were asking for an 820 square foot variance so they could make it into a triplex to eliminate one of the units and make a two bedroom apartment. Mr. Slavin asked if the variance would be within the build- ing proper. Mr. Keehr advised that the variance would be for the lot dimension as it relates to the density. There were comments that they went from a 2 to a 4 illegally, and they now want a 3, which is still non-conforming. Under the zoning, Chairman Thompson asked if a triplex would be permitted. Mr. Keehr replied affirmatively, if there is proper footage, but they treat R-3 property as they would R-2. If the property is not conforming for R-2, they would drop down to single family. In R-3, when there is no con- - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 forming for multiple, they drop down to duplex and use the same duplex part of the Ordinance to dictate the side yards and lot area. Mrs. Artis asked if Mr. Keehr was saying that if the appli- cant would drop down to a duplex, it would be conforming and they would not need a variance. Mr. Keehr explained that it was permitted initially as a duplex and is permitted as a duplex. It has adequate square footage, lot size, and parking for a duplex. He added that the Building Department does not make any assumptions. If an Electrical Inspector sees extra plugs, he is not going to assume that they will turn it into a fourplex. He does not have that right. Mr. Keehr said the Building Department cannot "jump the gun" on issues of that nature, although if they actually saw the plan showed it could be converted into a fourplex by merely shutting the door and putting a key to the lock, they would not have approved it. Mr. Keehr looked at the plan on microfilm and said the plan had to be converted to a degree to make it into a fourplex. The mere fact that there were only two electrical meters verified that. Mr. Kruger corrected Mr. Keehr's statement by saying there were three meters, and they were all put in at the same time. Mr. Keehr said it could not have been done because only one meter is allowed per resident unless it was put in as a house meter for the sprinkling system. Mr. Kruger advised that was exactly what it said, "a house meter." Mr. Keehr then stated that it was legal but added that they turned a house meter into more than a house meter by adding service to it. He said the City's records show that structure was permitted for a duplex. Mr. O'Brien referred to the tax records showing it as a quadraplex. Mr. Keehr was sure a Tax Assessor walking through there would have to say that because it is a four- plex. Mr. O'Brien pointed out that it was a quadraplex for three years. Mr. Keehr informed Mr. O'Brien that the Build- ing Department does not go into the units. It was brought to the Department's attention; they investigated, and this was what they came up with. Mr. Keehr said there are probably many violations in the City that the City does not know about. Chairman Thompson pointed out that when the County assesses taxes, it is done on the outside and not on the inside. Mr. Uleck was informed by Mr. Keehr that the requirement for one unit of a duplex or multi-family building is 750 square feet° - 19 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. O'Brien asked if a motion was necessary to accept the tax slip and plans Mr. Kruger submitted. The Members agreed a motiOn was not necessary as the Recording Secretary would incorporate them into the minutes. Mrs. Artis referred to answer (d) of question 5 on the appli- cation and read: . ."Reduction in use to a duplex would likely result in mortgage default." Chairman Thompson interpreted it to mean the applicant would not generate enough funds from a duplex and would have to give up the place. Mr. Kruger knew financial consideration was normally not to be heard by the Board but, in this situation, he thought it was a hardship. Mr. and Mrs. Marsh originally bought the property as an income property, and the purchase price was quite high because of the income as a fourplex. Dividing it into a duplex would make the income considerably less. Mr. and Mrs. Marsh have since had to rent their house and move into this building just to make their mortgage payments work. If it is converted back to a duplex, Mr. and Mrs. Marsh will lose this building and their house. The situation now is if the Marshes can have it as a triplex, they can live in it and make it work. As a duplex, it will not work. Mr. Kruger reiterated that the property was presented to the Marshes as a "quad", and they purchased it in good faith as a quadraplex. Now, if it is split in half and made a duplex, the apartments would be larger than most houses, and Mr. and Mrs. Marsh could not afford it and would end up losing this property as well as their single family house and credit rating. Mr. Mearns asked if anything like this showed up in a title search when the property changed hands. Mr. Kruger replied there was nothing to show up as there were no violations, etc. They showed it as a quad. He repeated that the County Tax Assessor showed it as a quad, so somebody knew it was a quadraplex. Chairman Thompson asked what the square footage of the build- ing itself is. Mr. Kruger answered that the total is about 4,000 square feet. The lot is 11,180 square feet, so it is 820 square feet short of being allowed to be a triplex. As a triplex, the Marshes will work to keep it going. If a variance is granted, Mr. Slavin asked if the entire inside of the building will have to be torn apart and rebuilt. Mr. Keehr replied there would have to be some interior alterations, but he did not think it would constitute major - 20 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 changes. He confirmed Mr. Slavin's statement that it would still come under the Building Department. Mr. Kruger said they would have to remove the walls to connect the two efficiencies together. Mr. Keehr added that they would have to come up with 750 square feet for the third unit plus two additional parking spaces. Mr. Kruger advised that there are four parking spaces there now. Mr. Kruger showed the Members four pictures of the building. One showed the back of the building, where the two efficien- cies were. A second picture showed the two parking spaces, facing north on 12th Avenue. Another picture showed the building facing east, across from Mariner Village. The last picture was the same thing, facing east. Mr. Kruger said the property is directly across the street from Mariner Village. Chairman Thompson determined that no one else wished to speak in favor or against granting the variance. Acting Secretary Slavin read a note dated June 22, 1985, written on the Notice of Public Hearing, from Lloyd Powell, Executive Vice President, Alpine Seven Co., Inc., 1112 North Federal Highway, dated June 22, 1985, stating that Alpine Florist had no objection to the variance in lot size, pro- vided the above proposed use was adhered to. Chairman Thompson asked if, during his research, Mr. Keehr found that the second owner also purchased the property with the same understanding that it had four units. Mr. Keehr replied that the Building Department would have no way of determining that. There is nothing in the records that would indicate that. As far as the County was concerned, Chairman Thompson said it was a triplex on 8/11/83 (the date of the tax statement). Mr. Keehr commented that the Marshes purchased it after that, so they could assume the people who owned it prior to the Marshes used it as a fourplex. Mr. Keehr confirmed that Mr. Slavin was correct in stating that the house has about 4,000 square feet; the overall lot is short by 800 and some odd square feet; and with the shortage, there would be an area for parking spaces that would conform. Chairman Thompson sympathized with the owners of the property, as he could not see how they could have found out something like this took place. He thought a title search may have shown it. Mr. O'Brien advised that title companies do not research the zoning law and would never have come across the violation. Chairman Thompson was positive they would have found it should be two units. - 21- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mr. Slavin moved to grant Mr. and Mrs. Marsh the variance they requested for the following reasons: 1. According to the documents that were submitted, the County asked that the taxes be paid on a fourplex unit. Mr. and Mrs. Marsh are the third owners of this property and had no knowledge of whether what the prior owners had done was done legally or illegally. According to Mr. Keehr, there is sufficient overall room to permit the construction of a triplex and also to accommodate two additonal parking spaces, as required by Code. 2. While the Building Department says this hardship is self- imposed, Mr. Slavin said it was problematical because, in his opinion, according to the Building Department's documents and records, it was not self-imposed. Vice Chairman Ampol seconded the motion for the same reasons. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion. The motion carried 7-0. Chairman Thompson justified his vote because of a mistake which was not on the part of the City but a mistake that might be a lesson not only to the Marshes but everyone, and that was to never purchase property without having the title searched. He also saw how a person could not make it if he purchased four units and they were converted to two. Based on that, he voted in favor of the motion. NEXT MEETING Chairman Thompson announced that the next meeting will be on August 12, and four cases are scheduled. Mr. O'Brien drew attention to the time of 9:25 and said the Board took five cases tonight, where they had been taking only three. He thought they could have taken six cases and would have adjourned before 10:00 P. M. Chairman Thompson said adjourn- ing at 10:00 P. M. would have depended on the cases. ADJOURNMENT As there was no further business to come before the Board, the meeting adjourned at 9:27 P. M. (Three Tapes) - 22-