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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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°
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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)
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