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Minutes 06-10-85 MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 10, 1985 AT 7:00 Po M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis Paul Slavin Danny O'Brien, Alternate ABSENT George Mearns (Excused) Ben Uleck (Excused) Raymond Eney, Alternate (Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:02 P. M., introduced Mr. Keehr, Members of the Board, the Recording Secretary, and recognized the presence in the audience of Mayor Nick Cassandra and Councilman Carl Zimmerman. MINUTES OF MAY 13, 1985 Mr. Ampol moved, seconded by Mr. Slavin, to approve the minutes. Motion carried 6-0o PUBLIC HEARING So the people present would understand how the Members make their judgment, Chairman Thompson said it is based on what they see and whether the City, County or any other body has placed a hardship on the property. He read the six criteria the Members base their judgments on. Chairman Thompson pointed out that they did not have a full voting Board of seven Members tonight but did have six Members present. He announced that any three votes would deny a request, and it would take five votes to approve a request. Case %80 Applicant: Owner: Request: Joseph F. Haggerty Joseph F. Haggerty and Helen P. Haggerty, his wife Relief from R-3 zoning requirement of 40 ft. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Location- rear yard setback to be reduced to 35.10 ft. rear yard setback for installation of screen enclosure 524A S. E. 5th Circle Bldg. 9-A. LOS MANGOS, located in Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at a point on a line parallel with, and 725.00 feet North of, as measured at right angles to, the South line of said Section 33, said point being 300.00 feet West of, as measured along said parallel line from the Westerly right-of-way line of State Road No. 5 (U. S. Highway No. 1); thence S 89°47'59- W, parallel with and 725.00 feet North of, as measured at right angles to, the South line of said Section 33, a distance of 550.75 feet; thence N 0°12'01. W, a distance of 35.10 feet to the Point of Beginning; thence continue N 0°12'01'' W, a distance of 35.10 feet to the Point of Beginning; thence continue N 0°12'01" E, a distance of 66.40 feet; thence S 89°47'59- W, a distance of 44.00 feet to the Point of Beginning. Secretary Gordon read the application and answers to the six questions outlined in paragraph 5 (a-f). Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Mrs. Joseph F. (Helen P.) Haggerty agreed that the screened enclosure should never have gone up without a permit, and had they known then what they know now, the screened enclo- sure would never have been built. Mrs. Haggerty told the Board Members they never lived in a planned unit development (PUD) before and did not know what a condominium was until they came to Florida. They had lived in the same house for 30 years and did all of their own ~home improvements, so con- dominium restrictions were new to them. Mrs. Haggerty told of the stress she and Mr. Haggerty have been under and their countless visits to the Planning and the Building Departments. They had visits from Med Kopczynski, Deputy Building Official, and Walt Dean, Codes Enforcement Officer and Rehab Inspector, who agreed that the problem did - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 not lie with the City but with the Los Mangos HOmeowners' Association. In March, with a letter in their hands from the Los Mangos Homeowners' Association President stating that a new site plan would be filed using their porch as a model, Mr. and Mrs. Haggerty visited Carmen Annunziato, Director of Planning, hoping their third application for a permit would be honored. After three years of negotiating, they found out they lacked five feet in their backyard because the north/south perimeter needs a 40 foot setback, and they have 35 feet. To remove the screened enclosure would be very traumatic, not only financially, but Mrs. Haggerty said they would lose the chance to enjoy semi-outdoor living. They seldom use their air conditioner because Mr. Haggerty has chronic emphysza. For health reasons alone, Mrs. Haggerty felt the screened enclosure should remain. She also explained their financial hardship. To lose the five feet that they are asking for in the variance would reduce their screened enclosure to less than 100 square feet (hardly enough room for a table and chairs). There are three types of houses in Los Mangos. The Capistrano is allowed to screen in 300 square feet. The townhouses are allowed to screen 372 square feet, and the Salinas model has less than 100 feet. On March 27, 1985, Paul Adago, President, Los Mangos' Homeowners' Association, submitted a letter to the Planning and Zoning Board stating that they are going to redesign the screened porch for the Salinas Model "that would be both architecturally compatible with the unit and the community, as well as make the screen enclosure of usable size worthy of its financial cost." They have had the support of all of their neighbors and the support of the Los Mangos' Homeowners Association. Mr. Joseph Haggerty, 524A S. E. 5th Circle, had an overlay of all of Los Mangos which he showed to the Members. The Board received a letter with 15 signatures on it protesting the application. Mr. Haggerty showed a circle designating the properties within 400 feet of his property and pointed to the properties of Pat Goodyear, Fred Hardwick, and others who protested. In 1982, Mr. Hardwick approved of the porch but must have changed his mind. Mr. Haggerty also showed snapshots of the back of the property before and after it was screened in and pointed - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 out that, before it was screened in, there was no protection from the sun. Mr. O'Brien asked how far out from the building the screened enclosure is. Mr. Haggerty replied that it is out five feet. If they are allowed the screened enclosure the way it is, they will have a total of 230 square feet. If they are not allowed to go beyond the line of the house, even though it is on their property, Mr. Haggerty said they will only have 92 square feet, according to the site plan that was submitted in May, 1984. Mr. John Alden, 522 S. E. 5th Circle, shares the unit with the Haggertys and moved there because he liked the appear- ance of the unit. The porch itself enhances the unit as a whole and Mr. Alden did not see why anyone would object to it. If it is taken down, it will cause a financial burden on the Haggertys. Bill Falck, 514 S. E. 5th Circle, (next unit west of the Haggertys), was speaking in favor because he felt it added to the community. He added that the issue was an emotional strain to the Haggertys. Everything in Los Mangos would show positive, and everything would be gained if this was passed. Mrs. Nicholas Gaglio, 2676 S. E. 27th Lane, stated she is not within the 400 feet but is a resident of Los Mangos. Screened porches in Los Mangos have been a comedy of errors in the City's Planning Department from the very beginning because Mrs. Gaglio said they were decided upon as an addi- tion to the unit. She thought residents of the community were hoping tonight to come up with a plan for this particu- lar model that would resolve the community. It has been an emotional problem not only for Mr. and Mrs. Haggerty but for the community too. Mrs. Gaglio informed the Board Members that plans have already been approved by the City, and they are asking for a variance to the Salinas models. She stated that both Mr. Kopczynski and Mr. Annunziato, of the City, said as an aside that part of living in Florida is having a screened porch. Mrs. Gaglio added that it should be a screened porch you can enter from your home. If you have no way of getting to the - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 porch except by going into the elements, it would not be a serviceable porch. When the patios were being put in, Mrs. Gaglio said the first Board of Directors allowed the Salinas model to go out five feet, and Mr. Haggerty had a building permit from the City allowing him to go out that five feet with a concrete patio. When he enclosed it, he thought it was allowable because he was not aware of the setback. Mrs. Gaglio said the only variance being asked for was the additional five feet, so Mr. Haggerty would have a hallway to get to his- screened porch. Mrs. Gaglio believed 15 or 16 homeowners challenged the variance. She said Mr. Sam Scheiner was on the first Board that voted for the screened porches, but he disregarded a request to put it before the Homeowners Association. She said they cannot undo all of the building permits that have been issued but have to have an agreement between the City and Los Mangos as to a useable screened porch. Mr. William Spinnler, 504 S. E. 5th Circle, does not have a screened porch. When he moved there in 1982, he was told by the Review Board he could do anything to his house within a five foot limit. Mr. Spinnler believed what Mr. Haggerty did was a misunderstanding. Mr. Spinnler planned on doing the same thing Mr. Haggerty did but was told to hold off until the residents talked to the Board tonight. Eleanor Barbato, 541 S. E. 28th Circle, Vice President of the Los Mangos Homeowners' Association, said the President of the Association was away, but the Homeowners' Association and Board of Directors of Los Mangos approved screened porches going out five feet, not just for Mr. Haggerty, but for the others. Ms. Barbato explained that 92 square feet did not seem justified when the other two models are getting 372 square feet and 300 square feet. One of the persons against the porch told Ms. Barbato that a realtor had said one of the biggest assets to the house would be a screened porch. The first few models built had screened porches, and this person had a porch. As Vice President, Ms. Barbato was taking the President's place and she and the other three Members present from the - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Board of Directors felt the letter of March 27, 1985 written by Mr. Adago, President of the Association, told the City that they wholeheartedly approved it to go out five feet for this and for the other homeowners. Ms. Barbato said there are 84 Salinas Models. When the site plan was drawn up, no one was approached. It was done by the President and another Architect. They never asked anyone in the Associa- tion how they felt about it. That was how Ms. Barbato felt about it as a Board of Directors person. As a homeowner, Ms. Barbato would like one but has held off to see what the Board's response would be. Vice Chairman Ampol reminded the people that the Board does not pay attention to deed restrictions but goes by the Code of Boynton Beach. Mrs. Marianne Cipriano, 2821 S. E. 5th Circle, hoped the Board would approve the variance because she felt the screened porch would upgrade the Haggetys property and would be something they could enjoy. She did not understand how anyone could realistically object to it. A1 Boeltz, 505 S. E. 27th Terrace, said under the covenants that the residents signed and Sealed when they went into Los Mangos, there was not supposed to be any alterations to any exterior walls, He did not mind the screened patio but said the Haggertys did not have the authority to do it. Mr. Boeltz said the Board of Adjustment had no jurisdiction over Los Mangos, and that is where the trouble started. He said Mr. Haggerty had to prove a hardship and it could not just be a sPeCial exception. Mr. Boeltz expressed that the trouble was, "How far can this keep going?" Mrs. Haggerty was not allowed to speak again. Mr. Erio Cipriano, a Member of the Board of Directors of Los Mangos, 2821 S. E. 5th Circle, wanted the variance granted to eliminate the animosity in the community. He knew the - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Board had no jurisdiction over the Board of Directors of Los Mangos. Unfortunately, this circumstance precedes them in many ways, and Mr. Cipriano said the Board would like to eliminate all of those possibilities as a community. He said some people who signed the petitions were not told what they were signing. As a Member of the Board of Directors and as an individual, Mr. Cipriano appealed to the Board that the variance be granted. As there was no one else wishing to speak in favor of grant- ing the request, Chairman Thompson asked if anyone wished to speak against granting the request. Eric H. Germann, 2667 S. E. 27th Lane, commented that most of the people in favor of the variance live in the same type of home that has this objectionable building and want the same thing themselves. If the variance is granted, Los Mangos will have to change its covenants and permit people to do practically as they please. Mr. Germann felt this was unsupportable. When they purchased their homes, Mr. Germann said they pur- chased them with the understanding that they could not alter them as they pleased no matter how much it would increase the property value or please them individually. They entered into this as an Association, and Mr. Germann said they have no right to demand of other people that they have special privileges themselves. Mr. Germann said the remark that people who were against the variance did not know what they were signing when they signed the petition was a lie, and he resented such witness- ing being given in this room. Mr. Germann strongly objected to the variance and said Mr. Haggert¥, over the objection of the Board and contrary to the City's not granting him a permit to build, went ahead and built. He defied the Home- owners' Association and the City. Mr. Germann strongly urged the Members not to grant the variance. Chairman Thompson asked if anyone else wished to speak against granting the variance. There was no response. Secretary Gordon received a total of 30 letters from both sides. He read a letter addressed to the Planning and Zoning Department, dated March 27, 1985, from Paul Adago, President, Los Mangos Property Owners' Association Board of Directors. ' - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 AS there were so many letters, it was decided that Secretary Gordon would just read the names and addresses of the persons in favor and against. Chairman Thompson advised everyone that the original letters are a part of the record, and they can go to the City Clerk's Office and have them pulled and read. Those people who wrote in favor of the request were: Joseph and Leslie Scheurer, 564 S. E. 5th Circle, 5A C. J. Craig, 534 S. E. 5th Circle, 8B Sandra and Clarence H. Hedenberg, 535 S. E. 5th Circle Joan and Rudolph Leppla, 505 S. E. 5th Circle, 12B Helen J. Dexter, 502 S. E. 5th Circle Ruth and Robert Taves, 533 S. E. 5th Circle, 14A Mrs. Karen Fiore and Mr. Albert Gabinet, 512 S. E. 5th Circle Marianne and Erio Cipriano, 2821 S. E. 5th Circle, 17B Frank Carpino, 544 S. E. 5th Circle, 7A Margaret and John Alden, 522 S. E. 5th Circle, 9B Angelo L. Pantalone, M. D., 2832 S. E. 5th Circle, 4B Nickolaus Plock, 543 S. E. 5th Circle, 15A Adeline and Ernest Kovarik, 552 S. E. 5th Circle, 6B Margaret S. Melfer, 553 S. E. 5th Circle, 16A William A. Falke, 514 S. E. 5th Circle, 10A Mary Jane and George C. Rollins, 532 S. E. 5th Circle, 8A Harold E. Williams, 523 S. Eo 5th Court Maria F. Ryan, 2823 S. E. 5th Circle, 17A Donna and Joseph W. Fessitore, 562 S. E. 5th Circle, 5B Christina and Justin Beck, 2822 S. E. 5th Circle, 3B Betty G. and Carl G. Lucas, 542 S. E. 5th Circle, 7B L. H. Zill, 2925 South Federal Highway Chairman Thompson reminded everyone that all of these people are in the 400 foot radius. He added that any peson within the City limits has the right to speak out for any variance. Secretary Gordon read the names of those who were against the variance: Robert~L. Ianson, 516 S. E. 27th Lane, 60A Alvin C. Boeltz, 505 S. E. 27th Lane, 49A Mr. and Alfred S. Wright, 533 S. E. 28th Circle, 73B Paul H. Cortner, 2661 S. E. 28th Circle, 54B Margaret Butterly, 2670 S. E. 28th Circle, 79A Beverly Micalizzi, 506 S. E. 27th Lane, 6lA Mr. and Mrs. Louis J. Malasics, 500 S. E. 26th Ave., 67A Mr. and Mrs. Eric Germann, 2667 S. E. 27th Lane, 64A - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Mr. and Mrs. Samuel Scheiner, 528 S. E. 27th Terrace, 47A Caroline L. Grover, 521 S. E. 27th Way, 39A Laine Puss, 526 S. E. 27th Terrace, 47B Frederick Ross Hartwig, 513 S. E. 28th Avenue, 26B Pat (Patricia T.) Goodyear, 566 S. E. 28th Avenue, 20B Mary Robinson, 531 S. E. 27th Way, 40A Mary E. Farrell, 2654 S. E. 27th Lane, 57A Chairman Thompson reiterated that all of these people live within the 400 foot radius, and there were shouts from the audience that none of them do. Chairman Thompson informed the audience that it is checked by the City. Mr. Haggerty informed him that only Patricia Goodyear and Frederick Hartwig are within the 400 foot radius. Mr. Slavin asked who determines the 400 foot area. Mr. Keehr replied that he originally draws the circle for the applicant, and it is double checked by the City Clerk's office. The Recording Secretary interjected that she had the applicant's folder and the list of people within 400 feet~ Mr. Slavin was informed by Mr. Keehr that all the people within ~he 400 foot radius were notified. He thought the names of those who signed the petition against the variance should be checked because they were outside of the 400 foot radius. Vice Chairman Ampol wanted to check the names. Mr. O'Brien advised that a legal advertisement is published in the local newspaper for two weeks prior to the meeting, and any one reading the ad who lives in the City of Boynton Beach has the right to object. Chairman Thompson also pointed out that the Board's decision was not based on numbers. Even if the variance is granted, Mr. Keehr informed everyone that this case or any other case that alters an existing, approved site plan will have to go back in for a revision. Whether this request is granted or not, the Building Depart- ment cannot issue a permit until the plan has been revised and approved by the City Council. Regardless of which way the case goes, Chairman Thompson said it will not set a precedent. All cases are based on their own merits. Mr. Slavin noted a permit was issued to the Haggertys by the City and asked if it was for the construction of the slab. Mr. Keehr answered affirmatively. Mr. Slavin asked if the Haggertys applied for a permit for the structure. Mr. Keehr replied that they applied for it, but the Building - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Department could not issue it because of the site plan revision. Chairman Thompson thought everyone should know you could concrete your whole yard, as far as the City is concerned, but it would not give you the right to build on top of it. Mrs. Artis asked if the Los Mangos Board of Directors approved of the Haggertys building a screened porch and then revoked their approval. She knew the Board had nothing to do with that. Chairman Thompson answered that the rules made in any condominium would not supersede the City's laws. Mrs. Artis thought it was not clear to the audience that the only thing the Board was dealing with was the City Code. Mrs. Artis was hearing that the Board of Directors of Los Mangos was in the process of revising their decisions to add screened porches to these units. She wondered if this meant they will go back and put them on the existing houses or build them on new houses. Mr. Keehr replied that it will be just on the existing homes. Los Mangos is completely built. Mr. O'Brien asked if anyone could put up an awning that would encroach on the building setback. Mr. O'Brien replied that you can put up an awning that encroaches into a build- ing setback. It would have to be the free hanging type that folds down. Mr. Slavin looked at the property and noticed some stakes around the building in question, but he could not define a definite property line the way the project was built. Mr. Slavin said Mr. Haggerty's property begins at 5th Circle, but he did not know how deep it went. Mr. Keehr told him to look at the surveyor's map and informed him this is a fee simple ownership. He indicated the corners of the Haggerty property. Mr. Slavin thought the question was whether the Haggertys put the screened porch on contrary to the City and whether they had previous knowledge of what they were doing and what they were not supposed to do. He questioned whether the Los Mangos Homeowners, Association told them to go ahead and put it up and then, when internal squabbles arose, said the Haggertys could not do it. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Mr. O'Brien moved that the request be denied, seconded by Secretary Gordon. At the request of Chairman Thompson, the Recording Secretary took a roll call vote on the motion. The motion carried 6-0, and the request was DENIED. Case 981 - Applicant-. Request: Location: Mae Helen Gainer Relief from R-lA zoning requirement of 60 ft. lot frontage to be reduced to 50 ft. lot front- age. Relief from 7,500 sq. ft. lot area to be reduced to 6,437.5 sq. ft. lot area for construction of single family residence 406 N. W. 5th Avenue Lot 97, RIDGEWOOD HILLS Recorded in Plat Book 23, Page 250 Palm Beach County Records Secretary Gordon read the application and a letter from John F. White, dated March 8, 1985, saying he is the owner of Lots 95 and 96, RIDGEWOOD HILLS, and has no intention of selling same as he intends to build in the near future. Mr. Keehr advised that Mr. White was addressing the two vacant lots to the west of the subject lot, and that would make this property landlocked. Donald C. Lambert, Real Estate Agent, Lambert Agency, 209 North Seacrest Boulevard, Boynton Beach, appeared for the applicant. He had the answers to questions a-f, para- graph 5 of the application, which were then read by Mr. Slavin. Mr. Lambert informed the Members that the owner of this 50 foot lot was transferred to Arizona some time ago and found that he will not return to the area because of his age, etc. He asked the Lambert Agency to sell the property. Mr. Lambert told the owner it would be very difficult to find someone willing to buy under the circumstances, because they would have to go for a variance to build on it and com- ply with the City's requirements. In checking with the agent who sold the two lots adjacent to it to the west, Mr. Lambert said that owner will not sell part of his lot, which landlocks it. The owners of the property to the east could not sell because their property is already improved and it would become nonconforming. - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Mr. Lambert said Mrs. Gainer is willing to buy the property and wants to build a home on it. If the variance is not granted, the property will be useless; the man in Arizona will just have to keep paying taxes on it, and nobody can ever build on it. Mrs. Gainer is willing to do that and is willing to conform to the new setback, based on the 50 foot lot. Mr. Lambert hoped the Board would grant the variance and solve a problem for the present owner and for Mrs. Gainer. For the record, Chairman Thompson said this was an originally 50 foot platted lot. Mr. Keehr replied that Ridgewood Hills was recorded in 1952, and it is a complete lot as recorded. He informed Chairman Thompson that a home could be built and meet all requirements. Mr. Slavin noticed it was a conditional contract for sale and said the problem was there. Mr. Lambert explained that they did not want to transpose the present owner's problem to Mrs. Gainer, so that clause was put into the contract. Secretary Gordon asked if Mrs. Gainer would build a house on the property and live on the property. Mr. Lambert replied that Mrs. Gainer will. Mrs. Artis asked if the original owner could have built on the property. Chairman Thompson answered affirmatively, provided the original owner had ownership prior to 1978. Chairman Thompson asked if anyone else wished to speak in favor of the request. There was no response. Chairman Thompson asked if anyone wished to speak against the granting of the variance. Woodrow Hay, 427 N. W. 5th Avenue, noted Mr. Lambert said he could solve the problem of two people but said he was creating a problem for many others that live in the area. He was sure they reviewed the property, looked up the homes in the area, and would agree that they are nice homes and nice people. Mr. Hay did not want to get into a black and white situation but said the City of Boynton Beach in no way wants to have another Cherry Hill. When you start deviating from the normal, you cause problems. Up from that property, there are two vacant lots Mr. White owned. The house going up next to those two lots is almost like a mansion, and Mr. Hay - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 lives across the street from that house. He emphasized that there are a lot of nice homes in that area, and he wanted to see it remain that way. Mr. Hay urged the Members not to go back on what was created for the people in that area. Mrs. Gainer wants to go from a 60 foot front to 50 feet, and from a 7,500 square foot lot area to a 6,537.5 square foot lot area. Mr. Hay could not see doing that in view of what was already created in the area. The yards and homes are kept up, and it is a very peaceful area. Mr. Hay thought the property could be negotiated for another purpose and suggested that maybe the homeowners in the area would buy it. Everyone he talked to in the neighborhood was against the idea. He added that the home would probably have to be built lengthwise in order to be in compliance. Mr. Hay again asked the Members to consider what is there. He moved from Delray Beach and was told he could not find a good place in a black neighborhood in Boynton Beach, and he found one. Mr. Hay said this neighborhood has been kept up, and he thought the Board should take those things into consideration, let them keep what they have, and go forward. Chairman Thompson told Mr. Hay the Board has an obligation to everyone, and their hands were especially tied in this instance. He told of a workshop the Members attended, where a Professor from the University of Florida pointed out that the Board has no right to deny anyone the use of his property. Chairman Thompson advised Mr. Hay the Board cannot deny anyone the use of his property, especially in a case where they are landlocked, which was the case here. The same situation exists all over Boynton, and the City has to address it many times. There have been cases where they have purchased the property next door, but Chairman Thompson said the Board really does not have much control over this case. He said it was almost spelled out that it would pass when coming before the Board. Mr. Hay asked where the Board Members were in deciding what can be done with properties of this type in the future because it is a problem. When the City considers changing the zoning of an area, it seemed to him that these things should be addressed so they do not fall into this type of situation. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Mr. Keehr commented that the zoning changes took place in 1975, and he believed zoning changes were made to upgrade properties. Mr. Hay argued that they counteract them when they do sOmething like this. Mr. Keehr agreed but added people have the constitutional right of not being denied the use of their property. This has been stated by our City Attorney Mr. Hay said people buy property of that type in the hope that they can use what has already been set here. Mrs. Gainer did not own the property ahead of time but purchased it, hoping she could get a variance. It looked to Mr. Hay like the Board was going to grant a variance because now, Mrs. Gainer is a property owner. What he was saying was people know ahead ot time that if they buy the property, they can go before the Board of Adjustment because they can- not be denied the use of their property. Mr. Hay repeated that it is a problem. Mr. Keehr added that the Board looks at a piece of property and not the owner. A variance is on the property, not on the person buying it, selling it, or whatever. Ownership of the property has nothing to do with the property. It is the property itself. Vice Chairman Ampol said it was a problem the Board did not create. He commented that he would rather see a nice build- ing than an empty lot with a lot of garbage. Mr. Hay asked if the Board would still allow a building to be built there if the property was 40 feet. He further asked what the cutoff was for R1A. In a property that was platted, regardless of when, if the City approved it at the time, Chairman Thompson advised that the owner has the right to build on it, and it is grand- fathered in. If it is grandfathered in, once again the variance is placed on that property. Chairman Thompson thought he could say there is not a piece of property in the City of Boynton Beach that, once it is platted, cannot be used. Mr. Keehr verified that was a correct statement. Mr. Hay asked why they even have to come before the Board when they can build on the property. Chairman Thompson replied, "Only the original owner." He said they have asked the City Council why it is necessary for people to pay for variances in cases like this. The Board has expressed its - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 concern about cases like this but has not gotten anywhere. He wanted Mr. Hay to know the same problem exists all over the city. In defense of the Ordinance that requires a variance, Mr. Keehr said the Board has situations where they have three lots in a row, and there happened to be three lots in a row here. If they do not have a confirmed statement from the owner of the lots that he will not sell, the case would take on a different outlook. One Ordinance states you must turn five lots in a row into three conforming lots. In this case, Mr. Keehr said Mrs. Gainer has shown proof that a man wants to build on the 100 feet of lot area there, which leaves the one lot. The request for variance is to prove these facts. Mr. Keehr said the situation has come up time and time again, and the City has to verify the fact that the people will not sell the lot next to it. In land- locked situations, Mr. Keehr could see where there really should not be a need for it, but said that was the City Council's decision, not his. Herme Richardson, 404 N. W. 5th Avenue, (Lot 98) has lived here for the past 15 years. She noted one of the Members mentioned stipulations and asked what they were. Chairman Thompson answered that he said they could be placed on it, such as a time limit in building, etc. Ms. Richardson asked if the construction of the building would be CBS or prefab. Chairman Thompson replied that it would have to meet City Code. Ms. Keehr advised that R1A would include such things as required setbacks and required square footage of home and living area. Anything that meets Code is OK. The City can- not deny issuing a permit because a home is frame, CBS or a manufactured home. ' When they grant a special variance, Ms. Richardsom asked if that would also change the zoning or just give a special variance for that particular lot. Mr. Slavin replied it would just be for that particular lot. Mr. Keehr clarified that the zoning does not change for that lot. The dimension of the lot is varied to allow a home to be built on a non-conforming lot. The home that is built there has to abide by all of the other zoning requirements of the zoned area, including the size of the home and the setbacks. Mr. Keehr continued that the setbacks are figured on a percentage basis, but it so happened that they worked out the same as the zoning for a 50 foot lot. - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Chairman Thompson asked if anyone else wished to speak against the granting of the variance. There was no response. Secretary Gordon informed Chairman Thompson that there were no communications. As the hardship was imposed by the City changing the zoning regulations, and the property is landlocked, Mr. Slavin moved that the variance on the property be granted to Mrs. Mae Helen Gainer, provided the structure meets with all City Codes, regulations, etc. Vice Chairman Ampol seconded the motion. A roll call vote was taken by Mrs. Ramseyer, and the motion carried 6-0. The request was granted. Case #82 Applicant-. Request-. Proposed Use: Location: William DiBello, Jr. Relief from R-lA zoning requirement of 7,500 square feet minimum lot area to be reduced to 7,375 square feet lot area Construction of single family residence 515 N. W. 2nd Street Lot 186, less the north 231/2 ft. and Lot 187 less the south 41/2 ft., Block B, BOYNTON HILLS, Recorded in Plat Book 4, Page 51, Palm Beach County Records Secretary Gordon read the application and answers to the six questions (a-f) in paragraph 5. William DiBello, Jr., 728 West Ocean Avenue, Boynton Beach, thought the application was self-explanatory as to what their intentions are. Mr. Keehr added that the subject property is located between two houses and was in the process of being graded for a permit. The applicant submitted plans for a permit and had not considered the fact that he was 125 feet short. It was picked up in the Plans Check area of the Building Department. Mr. DiBello explained that it was an oversight on his part. Chairman Thompson noted the applicant had enough front foot- age but not enough property. Mr. Slavin asked if the property would support the home, and Mr. Keehr answered affirmatively. As a matter of fact, Mr. Keehr said Mr. - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 DiBello laid out the proposed structure, and it is a nice size home. The lot is 72 feet wide, which is more than ample for the zoning. It is just a little shy in depth. For the record, Chairman Thompson asked Mr. Keehr to say how many square feet are required in this particular zone. Mr Keehr believed it was 1,250. ' Chairman Thompson asked if anyone wished to speak in favor or against the granting of the variance. There was no response. Secretary Gordon reported there were no communi cations. - Chairman Thompson informed the Members that the side setback in this zone is 7~ feet, 25 front and 25 rear. Mr. DiBello has 13-3/4 feet on the side, 26 feet in the front and 25 feet on the raear. Vice Chairman Ampol moved to grant the variance, seconded by Secretary Gordon. A roll call vote was taken by Mrs. Ramseyer, and the motion carried 6-0. OLD BUSINESS Number of Applications to be Heard by the Board At Future Meetings Mr. O'Brien asked Chairman Thompson about the inquiry he made at the last meeting as to how many applications the Board would hear at a meeting. Mr. Keehr advised that he presented the question to City Manager Cheney, and he is taking it under consideration at this time, but Mr. Keehr did not have an answer. Mayor Cassandra wished to address the question. He spoke to the City Manager tonight because they were concerned about the time delay that will occur now and in the future where some people may have variances which should be addressed as soon as possible. Mayor Cassandra stated that both he and City Manager Cheney recommended that the Board make its own decision as to how many cases they should take but, at the present moment, it should be more than three cases. Mayor Cassandra suggested the Board could have a time limit of 11:30 p. M. or 12:00 Midnight. If they do not finish with all of the cases, they can continue the hearing until their emergency night meeting so they will not have to readvertise. - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 Mayor Cassandra acknowledged that one case tonight took one hour, which was very unusual, but they finished three cases by 8:45 p. M. He felt it would be possible for the Board to finish another three cases by 11:00 p. M. Mayor Cassandra asked the Board to consider hearing six cases at each meet- ing. If they are up to September 9th already and more cases come in, he felt it was a good chance people would not have their cases heard until s~x months down the line. The City wanted to accelerate the requests of the people. Mr. Slavin pointed out that the two cases that took no time to consider tonight were because of the facts. Legally, Mayor Cassandra said those cases must go through the process. In other words, Mr. Slavin said the City Council could not take thOS~N~ases away from the Board Mayor Cassandra replied, .,, · If the Members had been informed before tonight as to the type of cases, Chairman Thompson felt they could have moved a couple of them up to the July meeting. He asked if they could receive information on the cases earlier. Vice Chair- man Ampol recalled before, when the Board had a lot of cases, they extended them to the fourth Monday of the month. Mr. Slavin noticed three cases set for July 8 and two cases set for August 12 that should not require a lot of time. Mr. Keehr believed he had time to put the cases for July and August into July's meeting if the Board would agree to take those six cases in July. There was concern among some of the Members as to whether there would be a quorum in July. Mr. Slavin suggested that the workload be increased in September to expedite the backlog of work. Chairman Thompson thought they should take five cases in July. Mr. Keehr agreed and asked for a roll call of who would be present in July. The Recording Secretary took a roll call, and all of the Members except Secretary Gordon said they would be here. Secretary Gordon said he would be away July and August. Chairman Thompson pointed out that three Members not present at this meeting may be present in July. Chairman Thompson said Mr. Keehr would know when cases would be long and felt he could use his discretion in scheduling cases for the Board. - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 10, 1985 ADJOURNMENT There being no further business to come before the Board, Mr. Ampol moved, seconded by Mr. Slavin, to adjourn. The meeting adjourned at 9:12 P. M. Patricia Ramseyer Recording Secretary (Three Tapes) - 19 -