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Minutes 05-13-85MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MAY 13, 1985 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis George Mearns Paul Slavin Ben Uleck Danny O'Brien, Alternate ABSENT Raymond Eney, Alternate (Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:02 P. M. and introduced Mr. Keehr, the Members of the Board, and the Recording Secretary. He also recognized the presence in the audience of Councilman Carl Zimmerman and Councilman Ezell Hester. Vice Chairman Ampol announced that Councilman Hester was a former Chairman of the Board. MINUTES OF APRIL 8, 1985 Vice Chairman Ampol moved, seconded by Mr. Mearns, to approve the minutes. Motion carried 6-0 with Mr. Slavin abstaining from voting, as he was not present at the meeting of April 8, 1985. PUBLIC HEARING Chairman Thompson pointed out that any three votes would deny a request. He added that Danny O'Brien, Alternate Member, who was sitting in the audience, could speak to the Board whenever he felt it was necessary. Case #77 Applicant: Request: Proposed Use: Location: Jerry McAdoo Relief from R-1 zoning requirement of 60 ft. minimum lot frontage to be reduced to 45.40 ft. lot frontage. Construction of single family residence 1211 North Railroad Avenue That part of the North 45.0 feet of the East - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 170.00 feet of Block "A", MEEKS AND ANDREWS ADDITION, Boynton Beach, Florida, lying West of the Right-of-Way of the Florida East Coast Rail- way, recorded in Plat Book 5, Page 84, Palm Beach County Records. Secretary Gordon read the application and answers to the six questions outlined in paragraph 5 (a-f). Chairman Thompson advised that the Board makes a judgment based on what it sees and on hardships placed on the parcel of land in question by the City or other governmental bodies. He read the six criteria the Members take into consideration when they go out and view property. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Jerry McAdoo, 434 N. W. 4th Avenue, Boynton Beach, Florida 33435, said one of the contributing factors involving the case is that directly adjacent to this particular property is another lot, and the only accessible way to the lot would be a strip the previous owners agreed to make available so the people in back could use it as a right-of-way. That caused the lot to be shortened some ten feet. Chairman Thompson asked who owns the strip. Mr. McAdoo replied it was someone by the name of "Major,,. He explained that Major does not necessarily own the strip. The previous owners agreed to let them have it. Vice Chairman Thompson asked Mr. Keehr if that would cause a conflict. Mr. Slavin wondered when it was changed from C-1 to R-2. Mr. Keehr replied that it was changed from C-1 to R-2 in June of 1975. When Mr. McAdoo bought the property from Mr. Tomberg, Mr. Slavin wondered if Mr. Tomberg told Mr. McAdoo what the Ordinance was at the time requiring footage, etc. Mr. McAdoo was aware of it but also, at the time of the sale, there was a $2,500 lien, which Mr. McAdoo said was tough for the Tombergs to get resolved. The lien was his main priority, although he was aware that it would take some variances to get Parcel B permitted for building. Vice Chairman Ampol observed that the property was purchased September 20, 1983. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance or speak against the variance There was no response. ' - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Secretary Gordon read a note dated April 25, 1985, signed by Lloyd Powell, Executive Vice President, Alpine Florist, The Alpine Seven Company, Inc., 1112 North Federal Highway, stating they have no objections to the granting of relief to the above named applicant, as ~tated above, as long as all other conditions p~rtaining toiR-1 zoning are met. The next letter Secretary Gordon read was from Wilda M. Searcy, 402 N. E. 13th Avenue, Boynton Beach Florida 33435 dated April 30, 1985. ' ' Mr. Slavin asked if the lot will support a home according to all Code specifications, setbacks, etc. Mr. Keehr answered affirmatively. Mrs. Artis referred to the easement mentioned by Mr. McAdoo and questioned whether it was also necessary for emergency vehicles. Chairman Thompson understood it was an easement for the property in back of this property. Parcel B had to give up some land for the property behind it. Mr. Uleck could not figure the way the lot was laid out and Mr. Keehr explained it to him. ' It seemed to Chairman Thompson that there were two parcels of land, and the one in between cannot be used. He guessed it was the only way Parcel B could be used because they could not use it any other way, as it is a dead piece of property. Mr. McAdoo informed Chairman Thompson that he also owns Parcel A. Mr. Slavin moved to grant the variance on the following grounds: A house is more of an asset to an area than an empty lot, which brings in a lot of filth, dirt, empty beer cans, etc. The hardship Mr. McAdoo has is not of his making. Mr. Slavin blamed the City because an easement had been granted. Mr. Slavin did not think the Board had the right to deny Mr. McAdoo the use of his property when everything else could be met. Mr. Gordon seconded the motion. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion, and the motion carried unanimously 7-0. The variance was granted. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Case ~78 Applicant: Douglas & Charlene Kenyon Request: Relief from installation requirements for satellite dish antennae as required in Appendix A - Zoning, Section 4-M to be ground mounted with screening in residential zones for roof installation of satellite dish antenna without screening Location: 420 S. W. 9th Avenue Lot 20 and the East 7 ft. of Lot 19, Block 9, BELLAMY HEIGHTS, Recorded in Plat Book 13, Page 62, Palm Beach County Records Mr. Gordon read the application and the answers to question 5 (a-f). William Manikas, Attorney at Law, Suite 307, 639 East Ocean Avenue, Boynton Beach, Florida 33435, appeared to represent Mr. and Mrs. Douglas Kenyon. Attorney Manikas said Mr. Kenyon purchased the antenna from World of Sound in late June last year and was told by World of Sound that they would see to the permit and all of the installation requirements. Mr. Kenyon paid World of Sound the money and left it up to them. Attorney Manikas' point was that Mr. Kenyon did not go out and deliberately decide to violate the Ordinance. He understood World of Sound would take care of the permitting, etc. Attorney Manikas guessed Mr. Kenyon's house was one of between 80 and 100 in ~hat neighborhood that have lots and homes about the same size of his. The way the Ordinance is worded and the purpose of the Ordinance would "pretty much" preclude almost all of those homeowners from installing a satellite dish antenna, if they all wanted to, in a way that would comply with the Ordinance. Attorney Manikas was not saying the Ordinance does not have a valid purpose because it does. The cosmetics and public safety factors are important, but Mr. Kenyon had no other way to mount the satellite dish other than on his roof or in the rear yard setback. He has only 25 feet in back, and that is how much space he is supposed to leave. As a last resort, if the antenna would be granted a variance into the yard, they would put it in the yard, but they would be violating the 25 foot setback requirement. It would then have to be shielded with a wall or a screen six feet high. Attorney Manikas commented that would still leave another - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 six to eight feet of antenna for Mr. Kenyon or anyone else because most of the antennaes are between six and twelve feet in diameter. Raised on a pole, they become fourteen to sixteen feet tall, leaving about ten feet of the antenna raised above the screen. At the suggestion of World of Sound, Mr. Kenyon mounted the antenna on his roof. It is mounted securely, and there is an engineering drawing showing that it will withstand a wind load of 120 miles per hour. It can be taken down to avoid being torn lose, flying around, and being dangerous to the public during a severe storm. If Members of the Board looked in the neighborhood, Attorney Manikas said they likely would have noticed a number of other two-way radio or ham radio antennae. It is not a neighbor- hood where this antenna will stick out like a "sore thumb". It is in the back of Mr. Kenyon's house, and there are some trees in the front. If you stand in the yard in back of Mr. Kenyon's yard, you will see the antenna, but it is generally "fairly well" shielded from the street. Mr. Ampol noted that Mr. Kenyon purchased the property on November 20, 1964. He asked if there was a chance of grant- ing a grandfather clause on the variance. Mr. Keehr replied, "No", and explained that the Ordinance pertaining to satellite dish antennae was passed and made law September 20, 1983. The Kenyons admitted this was purchased in late June of 1984, so it was purchased after the Ordinance became law. Chairman Thompson asked if a permit was ever taken out for the installation of the antenna. Mr. Keehr replied, "No." Mr. Slavin looked at the property, and when he drove west on the street, he saw the antenna about a block away. Where the antenna is situated now, it is almost in the neighbor's yard west of him. In Mr. Slavin's opinion, two things told the whole story. (1) The Ordinance was passed September 20, 1983. (2) The Members had a drawing by James L. Titzel, Consulting Engineer, Room 109, Lakeview Building, 513 U. S. Highway No. 1, North Palm Beach, Florida 33408, for a satellite dish for World of Sound, dated October, 1984. Mr. Slavin imagined whoever sold or installed the dish knew there were Ordinances pertaining to satellite dishes. Also, the Members just heard from the Deputy Building Official that no permit was taken out. Mr. Slavin asked where an injustice was done to Mr. and Mrs. Kenyon by the City for them to seek any regress or a variance. Attorney Manikas replied that Mr. and Mrs. Kenyon bought the - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 merchandise from the World of Sound. World of Sound said they would put the antenna in and see to the permits, so Mr Kenyon took them at their word. ' Mr. Slavin personally did not "buy it." He knew the cost of the antenna would run into four figures and said if he was investing four figures, he would want to know what it was all about. If permits were required, the Kenyons should have asked if World of Sound had a permit, what it meant, what it cost, and how it r~ad. Mr. Kenyon informed the Board Members that he has a very serious heart condition and cannot stand too much harrassment. He paid World of Sound for a turn key job and did not think it was his responsibility to see if he took out a permit, etc. World of Sound gave him a job contract price including all parts, labor, material, permits, etc. When Mr. Kenyon asked the man if he was going to get a per- mit for the job, the man said they usually put them up and get the permits if they get caught. Mr. Kenyon said this was after it was up. Since Mr. Kenyon was recovering from acute pulmonary edema and could not go himself, Mrs. Kenyon went to get a permit and was denied the permit. Mr. Kenyon said the Building Department would not give anyone a permit, which was where the injustice was. Mr. Kenyon has paid taxes for over 20 years and did not see why he could not have some sort of entertainment. All he has is a satellite dish, and he wanted to be able to use it. Mr. Slavin asked Mr. Keehr about the application for a per- mit. Mr. Keehr assumed someone approached the Building Department for a permit for the antenna and was denied a permit because of the location of the antenna. At that point, he knew they were instructed to inform the Kenyons that they had appeal rights, which happened to be this Board. Mr. Slavin asked if the request for a permit was made prior or after the installation of the dish. Mr. Keehr answered that it was after the installation of the dish. Mr. Keehr confirmed Chairman Thompson's statement that it must be 25 feet from the rear property line. When this particular Ordinance was adopted, Mr. Keehr said it was the intent that the antenna be placed on the ground in the rear yard and screened because of its appearance to the neighbor- hood. There had been some histories of people not liking the appearance of the dishes, and they required a six foot hedge around them to help screen the apparatus at the bottom. Mr. Keehr said it reads that it must go on the ground, in the backyard, and must abide by the rear and side setbacks. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Attorney Manikas informed Mr. Slavin that it may look like it is hanging over the yard of the fellow next door, but it is not. If it was on a pole on the ground, it would be in compliance with the Ordinance because it is seven inches from the side yard boundary. The alternative Mr. Kenyon proposed was to move it out into his backyard, put it on a pole, and screen it up to six feet. That would require a similar variance, allowing him to put it within the 25 foot setback, but it would then be screened by his house from the street and by the six foot hedge on the side. There would then be no essential difference between a ground mounted antenna being within the 25 foot setback area and being more than 25 feet in somebody else's yard. Attorney Manikas said that was Mr. Kenyon's other proposal. Mrs. Artis asked if Attorney Manikas was saying Mr. Kenyon was going to take the antenna off of the roof and put it on the ground. If the Board wOuld be unwilling to let him keep it on the roof and willing to grant a variance to have it mounted on the ground within the 25 foot space in the back of his yard, Attorney Manikas said Mr. Kenyon would have it moved into that space. That would require a variance because it would be within the rear yard setback area but would be on the ground with a six foot screen around it. It would comply except that it would be less than 25 feet from his back property line. Chairman Thompson did not believe the Board could grant that because they had one variance before them and must act on that and only that one. The Board could not alter the application at all. Mr. Slavin drew attention to the Engineer's map and said at the far end of the property, there was a center post for satellite TV antenna. He asked if Attorney Manikas was say- ing they were making preparations to move it there. Attorney Manikas clarified that h~ was saying if the Board will not let Mr. Kenyon keep it on the roof, he would like permission to put it in his backyard. There was discussion about the Engineer's drawing. Mr. Uleck asked if there was a cable company in that neighbor- hood. Mr. Kenyon replied affirmatively. Mr. Uleck wondered why Mr. Kenyon wanted to have a dish when he had cable TV. Chairman Thompson asked if anyone else wished to speak in favor or against the granting of the variance. There was no response. Secretary Gordon read a communication from Warren Knuth and Gladys Knuth, 408 S. W. 9th Avenue. They were fully in - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 favor of the satellite dish antenna and urged that it be allowed. Mary A. Dukin, 411 S. W. 9th Avenue, wrote the same letter. Mr. O'Brien read the wording of the relief requested as shown under "Relief" from the "Notice of Public Hearing" and wondered if the Board could amend the petition to allow re- lief from the installation requirements for satellite dish antennae as required in Appendix A - Zoning, Section 4-M, to allow it to be ground mounted in the 25 yard rear setback without the applicant having to go back through the adver- tising procedure and coming before the Board again. Chairman Thompson replied that the Board had cases like this before and were told by the City Attorney that the Board had to rule only on what the applicant was asking for. Mr. O'Brien reiterated that the Members should read the request and said it was a gray area. All he was trying to do was save the petitioner from coming back in front of the Board. Mr. O'Brien thought it was unfortunate that the Board was not represented by legal counsel tonight. Chairman Thompson read what the Ordinance stated and said the dish was on the roof, which was the violation. Mr. O'Brien argued that Mr. Kenyon was asking for relief from that section of the Code. Chairman Thompson advised that there was one technical point - the dish was already installed on top of the roof. Mr. Slavin added that the facts were an outfit came in and put the dish up. There is a redress, because they did it illegally, and they told Mr. Kenyon what they did was legal. The Kenyons are in the middle. This was not an act of the City but a third party. In Mr. Slavin's opinion, it was up to the Kenyons to get the World of Sound people to rectify the situation. The way the legal advertisement went out, Mr. O'Brien was saying that the Board may have the right to amend the variance from the top of the roof to the rear setback requirement. If the Board felt they did not have the right to amend the variance at this time and if he had any input, Mr. O'Brien said he would tell the Kenyons to come back and ask for a variance on the 25 foot setback requirement. He added that the Board might be able to make that change at this meeting. Chairman Thompson advised that what Mr. O'Brien said the second time was in violation, because the Board Members can- not make suggestions, and they do not have the right to make - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 the amendment to the application. Mr. O'Brien thought they did. Mr. Keehr concurred with the Board and added that over the years, the Board had several instances where they asked the same question of whether they could grant a variance on a small technical shift one way or the other. They were always told, "No. It must be readvertised.,, Mr. Ampol told of the Members going to seminars and being told what they could and could not do. Mr. Kenyon wished to ask a question, but Chairman Thompson said he could not at this time. Mr. Slavin moved to DENY the request for variance for the following reasons: The City of Boynton Beach passed an Ordinance on September 20, 1983 outlining how satellite dishes should be installed. The Members had a copy of a sketch from James L. Titzel, P.E. for a job for World of Sound, dated October, 1984. It was calculated and checked by JLT, and the scale was shown. The dish was put up without securing a permit from the Building Department. Evidently, the Building Department saw the dish, which is a violation. It may be a hazard because it is on the roof. Mrs. Artis seconded the motion. Mr. O'Brien concurred with the motion. A roll call vote was taken by Mrs. Ramseyer, and the motion to DENY carried 7-0. The request for a variance was DENIED. Case #79 Applicant: George C. Davies Request: Relief from R-1AA zoning requirement of 7,500 square ft. minimum lot area to be reduced to 6,250 sq. ft. lot area and relief from 75 ft. lot frontage to be reduced to 50 ft. lot front- age for construction of single family residence Location: 2612 Lake Drive Lots 90 & 91 LAKESIDE GARDENS Recorded in Plat Book 8, Page 57 Palm Beach County Records Secretary Gordon read the application and the answers to question 5 (a-f). - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Bob Collier, Realtor, Bob Collier Realty & Insurance, 915 South Federal Highway, Boynton Beach represented the applicant. ' Prior to Mr. Davies purchasing the property in 1978, Mr. and Mrs. Merlin Dunn owned the property. Mr. Collier had a copy of a letter from the Building Department, dated in 1964, telling Mr. Dunn to come by and submit a building plan to build on the 50 foot lot. Mr. Collier read the letter, which stated that upon receiving the letter of inspection from Earl Martin, Registered Engineer, the Building Department could issue a building permit to construct a single family residence, per the Building Code regulations. The letter was signed by Harold Blanchette, Building Inspector. In 1974, Mr. Dunn got serious about construction, came before the Board, and was granted relief from a 70 foot frontage, which was required at that time, to a 50 foot frontage. However, the Board neglected to put in the relief of 6,250 square feet that he needed. When Mr. Davies pur- chased the property in 1978, Mr. Collier said Mr. Davies was of the opinion that a variance went with the property, and he could build on it. He only found out when he recently sold the property and the man applied for a building permit that the square footage had been omitted when the variance was granted. Mr. Collier said this had been done by a previous Board, and all they wanted to do now was correct that Board's negli- gence in omitting the 6,250 square feet. He noted that the required lot frontage had changed to 75 feet but pointed out that relief had been granted from 70 feet to 50 feet, and he and the applicant thought this would be in keeping with other buildings in the subdivision. Also, there is one on the lot directly next door. Mr. Collier told the Members it would be a great hardship on the applicant if it was not corrected from the Board's meeting on March 25, 1974 and granted on the square foot basis. Mr. Keehr informed Mr. Slavin that the Building Department,s records show that a variance was granted in 1974 and the variance was from a 70 foot lot width requirement to 50 feet. However, Mr. Keehr said the Board of Adjustment in 1974 neglected to add that it did not meet the required square footage for lot area. Consequently, when Mr. Keehr looked at the variance at this time, it could not be permitted. Also, as Mr. Collier said, the width requirement increased - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY. 13, 1985 through the years from 70 to 75 feet. Therefore, that too was added to the variance to make it right. Mr. Keehr said the applicant was asking for a variance from a 75 foot frontage and also relief from the square footage. Chairman Thompson asked if the square footage met Code in 1974. Mr. Keehr replied negatively. Vice Chairman Ampol asked if the applicant was "boxed in". Mr. Collier replied that there is a vacant lot to the north of it, but the lot is not for sale. Mr. Slavin commented that the applicant was "boxed in." He asked if the property would support a house according to the Codes, etc. Mr. Keehr answered that it wouId. Secretary Gordon read a note from Edythe G. Hood, 2611 North Lake Drive, dated April 26, 1985, stating that this met with her approval. Vice Chairman Ampol moved to grant the variance, seconded by Secretary Gordon. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 7-0. Election of Officers Mr. Slavin moved that the present officers remain as are: Vernon Thompson, Jr. Chairman George Ampol Vice Chairman Bob Gordon Secretary Mr. Mearns seconded the motion, and the motion carried 7-0. Number of Cases to be Heard at Meetings Mr. Keehr asked if the Board still wished to hear only three cases per meeting, which has been their policy. Mr. Slavin disagreed, saying that was the way it had been "fed" to them. Chairman Thompson recalled that the Members had said no more than four cases. Mr. Keehr argued that the Minutes would reflect that it was set at three cases by the Board two or three years ago, and he was questioning whether the Board wanted to maintain that or increase the number of cases. Mr. Uleck commented that there was no reason why they could not take more cases. Right now, Mr. Keehr said he has cases all the way up to September with a full docket, at the rate of three a month. Mr. O'Brien told the Members they agreed to serve the - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 public for the City of Boynton Beach. In his mind, the public is coming before the Board with problems caused by Ordinances that have a lot of gray areas. When the Board Members limit the amount of people coming before, the Board, they are doing an injustice to the public and are not doing the job they were charged with. If they are sitting as a Board and it becomes 11:00 P. M. or Midnight and certain Members have to leave, Mr. O'Brien said the meeting could be recessed until the following night. Mr. O'Brien did not believe there was an Ordinance which backed up the Board by saying they could only listen to three, four, or five requests a month. If a person is aggrieved by a public official, the person should have the right to appeal his decision. The Board is telling the person if he is aggrieved by a public official, the person will appeal it at the Board's discretion. Mr. O'Brien thought that was absolutely wrong. Chairman Thompson agreed that the Board said three or four cases but said they also have the fourth Monday of the month, so if there is an overload, it could be carried over to that date. He informed Mr. O'Brien that the Board has had meetings which lasted until 11:00 P. M. and later. Mr. O'Brien asked the Members if they were directing the Building Official to accept every application that is handed into him twenty Or thirty days prior to the meeting. The Members protested, saying they were not directing him in any way whatsoever. Mr. Slavin adamantly said the Board in no way has anything to do with the functions of the Building Department. Mr. O'Brien disagreed and said he has witnesses that the Board has stated to the public that they will only hear three requests at a meeting. He again asked if the Board would accept all applications and, if the meeting was running late, they would set a special meeting. Mr. O'Brien informed the Members that about two months ago, someone applied for a variance and was told by the City that they were allowed only three variances at a meeting by directions of the Board. If it happened to him, Mr. O'Brien said he would have a lawyer down here because there is no way the Board can do that. Vice Chairman Ampol said he has been on the Board since 1973 and recalled that the Board asked Mr. Bud Howell, Build- ing Official, to have only three or four cases at a meeting. They did not set a rule. If they have a pile of cases, Vice Chairman Ampol said the Board will come back on the 4th Monday. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Mr. O'Brien urged the Members to give the Building Official the right to accept every application from now until the next meet- ing and at the next meeting, the Members should make the decision of what they want to do. They should not leave it up to the Building Official. Mr. O'Brien stated that he had been to four meetings and there had not been more than three requests for variances at any of the four meetings. He referred to Mr. Keehr's statement that he is backlogged until September and said it was because the Building Official felt the Board had directed him not to submit more than three requests per meeting. Mr. Uleck wanted to know when this happened. Three meetings ago, Mr. O'Brien said a person in the Planning and Zoning Consultant field spoke to him, not because Mr. O'Brien was on the Board but because he helped the person get started in his profession. The person told Mr. O'Brien what the City was doing, and Mr. O'Brien asked the person to show him in the Ordinance where the Board could take only three cases a month. Mr. Slavin referred to Section 10 of the Boynton Beach Code, Appendix A-Zoning, and read paragraphs 1 and 2c under "B. POWERS AND DUTIES." Mr. Slavin said nothing in there told the City or the Board anything. Mr. O'Brien said paragraph 2c referred to the granting of a variance and reiterated his prior statements. Chairman Thompson said his duties are different from a Council- man's duties. A Councilman is a duly elected official. This Board is a service Board to the Council, which means they do not operate under the same law. Councilmen have to fill out papers swearing that they will uphold the law, etc. The Members of this Board'do not, so there is a difference. Chairman Thompson said there is a fine line between a public official and an elected officer. He stated that he would get Mr. O'Brien an answer from the City Attorney. There was more discussion. Mr. O'Brien wanted to ask another question which had nothing to do with this. Mr. Uleck thought Mr. O'Brien was out of order and wanted to adjourn. Mr. Slavin informed him that Mr. O'Brien is a Member of the Board and should be allowed to talk. Discussion re Case #78 - Douqlas and Charlene Keny_q~ Mr. O'Brien imagined that the Kenyons should not come back before the Board for relief from the 25 foot setback and asked if some- one who voted in favor of the motion could bring it up and maybe vote for denial without prejudice so the Kenyons could come back within the next month or so for a different request. Vice Chair- man Ampol recalled when Attorney Gene Moore brought this question up. Several Members began commenting. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 13, 1985 Chairman Thompson advised that the Board had no business making other suggestions. The dish was in the wrong place without a permit so the Board acted on it properly. Mr. O'Brien was asking without prejudice, which meant the Kenyons could come right back in. Chairman Thompson told the Members that the case had been decided, and they should not even discuss it. ADJOURNMENT Secretary Gordon moved to adjourn, seconded by Vice Chairman Ampol. Motion carried 7-0, and the meeting adjourned at 8:32 P. M. Patricia Ramseyer Recording Secretary ~ (Two Tapes) - 14 -