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Minutes 04-08-85 MINUTES OF BOARD OF ADJUSTMENT MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 8, 1985 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis George Mearns Ben Uleck Raymond Eney, Alternate Danny O'Brien, Alternate ABSENT Paul Slavin (Excused) Edgar "Bud" Howell, Building Official Chairman Thompson called the meeting to order at 7:00 P. M. and recognized the presence an the audience of Mayor Nick Cassandra, Councilman James R. Warnke, and Councilman Carl Zimmerman. He introduced the Members of the Board, Mr. Howell, and the Recording Secretary, Chairman Thompson asked Mr. Eney to take Mr. Slavin's place on the Board. Mr. O'Brien sat in the audience. MINUTES OF JANUARY 14, 1985 Mr. Ampol moved, seconded by Mr. Mearns, to approve the minutes. Motion carried 5-0 with Mrs. Artis and Mr. Eney abstaining from voting. Mrs. Artis was not present at the meeting of January 14, and Mr. Eney was not a Member of the Board at that time. PUBLIC HEARING So the people present would understand how the Members make their judgment, Chairman Thompson said they have guidelines handed down from the State and the City that they must follow. They also do on-site inspections. He read the six criteria the Members base their judgments on and said the Board would take them into consideration as they hear from both sides. Chairman Thompson pointed out that it takes five votes to approve an application for variance and only three votes to deny a request. Case ~74 Applicant - Owner: Request: Millard M. and Jessie G. Stowers Relief from R-iA zoning requirement of 60 ft. lot frontage to be reduced to 50 ft. lot front- - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 Proposed Use: Location: age. Relief from 6,000 sq. ft. lot area to be reduced to 5,850 sq. ft. lot area Construction of single family residence 135 S. E. 12th Avenue Lot 21, Block 5, CENTRAL PARK ANNEX, recorded in Plat Book 12, Page 51, Palm Beach County Records 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. Mr. Millard M. Stowers, 4710 Hunting Trail, Lake Worth, Florida 33463, told the Members they obtained the lot under some unusual circumstances. The lot is only 50 feet wide. According to records Mr. Stowers has seen, most of the area is platted in 50 foot lots and most of the houses in the area are built on 50 foot lots. He understood that in 1978, it would not have been necessary to ask for a variance. Mr. Stowers said they pay taxes on the lot, and he thought it would be beneficial for them to be able to build on it. It would increase the tax roll of the city and would be more of an asset to the neighborhood than a vacant lot would be. According to the deed, Vice Chairman Ampol said Mr. Stowers acquired the property on January 10, 1983. Mr. Stowers had a company then and transferred the property from the company to himself, and he explained. Vice Chairman Ampol advised that the zoning change was made in June, 1975. Mr. Uleck asked if Mr. Stowers would build and live on the lot or if he was going to sell the lot. Mr. Stowers intended to build and live there after he winds up some business. Mr. Uleck asked when he intended getting the permits from the City. Mr. Stowers hoped it would be within the next twelve months. If he is granted a variance, Mr. Uleck asked if Mr. Stowers had any ideas of selling the property. Mr. Stowers answered, "No." Chairman Thompson pointed out that the lot was recorded in 1925. There is no available property on each side of it. Chairman Thompson said the variance is on the property, not on the owner. Mr. Stowers can sell the property as many times as he wants to, and he does not have to live 'on it. Mr. Stowers informed Vice Chairman Ampol that he is blocked in now. There is a house on each side. Chairman Thompson - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 clarified that it did conform, but the City upgraded the entire City and made it non-conforming. Mr. Uleck asked Mr. Stowers to explain why he wants a vari- ance now when he would not be building for twelve months. Mr. Stowers said he might not wait twelve months. As soon as he clears up some business transactions, he will start the house. It may be in the next ninety days. Chairman Thompson asked if anyone else wished to speak in favor or in opposition to granting the variance and received no response. Secretary Gordon said there were no communications and informed Mr. Ampol that everyone within 400 feet had been notified, but there was no response. Mrs. Artis asked if she was right in stating that there is no time stipulation on a variance unless it is put into the motion. Regardless of whether the property changes hands or not, Chairman Thompson said once the variance is granted, it is there because it is on the property, not the owner of the property. If they give a variance on this piece of property, Mr. Uleck asked if Mr. Stowers could sell the property with the vari- ance. Chairman Thompson replied affirmatively. When a variance is granted on a piece of property, he said that is it, regardless of how many times it changes hands because it is always on the property and not on the owner of the property. Councilman Zimmerman interjected that the Board of Adjust- ment has a right to set a limit as to how many days the variance will last. It has been a practice in the past, but it must be reasonable. At the same time, Chairman Thompson said the Board cannot deny an owner the use of his property. If they place a limitation on the property, they are denying the owner the use of it. Mr. Uleck said this was never clarified for him. If the only reason Mr. Stowers was here was to sell the property, Mr. Uleck said he would not give him the variance. Chair- man Thompson said the Board had nothing to do with whether Mr. Stowers sells the property or not. Mr. Uleck said it was against the Code. Chairman Thompson advised that this Board's Code had nothing to do with Mr. Stowers selling the property. He could give the property away if he wants to after the variance is granted. What he does with the property has nothing to do with the Board Members. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 Mr. Uleck still argued about the twelve months and Mr. Stowers selling the property and referred to Councilman Zimmerman's statement about a time limit. Chairman Thompson said the Board has set time limits in the past. If the variance requested is justified six months from now, Mr. O'Brien said it was justified now, and that was what the Board should be looking at. He said it either was or was not justified, and the decision had to be made tonight. Inasmuch as the lot is landlocked and knowing any empty lot is a nuisance to everybody, Secretary Gordon moved that the variance be granted. Mrs. Artis seconded the motion. A roll call vote was taken by Mrs. Ramseyer, and the motion carried 7-0 to grant the variance. Case 975 Applicant - Owner: Request: Proposed Use: Location: Ross and Paula Lammers Relief from R-1AAB zoning requirement of 10 ft. side yard setback to be reduced to 0 ft. side yard setback along the east property line Installation of screen enclosure 937 S. W. 34th Court Lot 5, Block 2, LAKE EDEN PLAT NO. 2, recorded in Plat Book 29, Page 53, Palm Beach County Records Secretary Gordon read the application and the answers to the six questions under paragraph 5 (a-f). He then read a letter dated February 19, from the Lake Worth Drainage District, 13081 Military Trail, Delray Beach, Florida 334445, saying they had no objections to any construction, even if it would be on their property line, and they would not object to the City waiving any and all building setbacks adjacent to their canal right-of-way. However, they would object to any construction within their right-of-way unless it were specifically permitted by the District. Mrs. Ross (Paula) Lammers, 937 S. W. 34th Court, Boynton Beach, had an aerial photograph taken ten years ago, which showed how much property there was on the east side. Mrs. Lammers said it was about 90 feet from their property line to the canal. The canal is very wide, and houses are on the other silde. If they build the screened patio the way they have proposed, Mrs. Lammerslsaid they will in no way be interferling with any neighbors to the east, as there really are not any neighbors to the east. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 In their application, Mrs. Lammers said three letters from their neighbors in support of the screened patio area were included. (The letters were from Debora and Douglas R. Chisholm, 3506 South Lake Drive; Raymond C. Pastl, 926 S. W. 34th Court; Harry J. Metz and Merle Robert Hebb, 934 S. W. 34th Court.) Mrs. Lammers also had two aerial photographs that were taken very recently which showed their property and how much land there is to the east. If they had a rectangular, square lot, Mrs. Lammers said they would not have to apply for a variance. Since the east property line is such a diagonal, in order to build a regular screened patio, they have to come out and meet the diagonal line. Mrs. Lammers presented another letter in support of the screened patio area, which was from Jean P. DeFabrique, 3505 South Lake Drive. The Members informed Mrs. Lammers that they had the other three letters. Mrs. Lammers explained the photographs to the Members and said the screened patio would come directly in back of the house, and there was nothing it would interfere with. The pool would be built behind the house. Mrs. Lammers clari- fied for Mr. Mearns that they are waiting until they get a variance before applying for a permit to build the pool. The builder of the pool was present in the audience, and Mrs. Lammers said they will begin to build the pool immediately after they get a variance. Chairman Thompson asked what the size of the proposed pool would be. Mr. Lammers answered that it will be 40 feet long. The widest part is 15~ feet but it will narrow down to about 12 feet at the end. In looking at the survey sheet and the one the Members had of the property, Chairman Thomp- son asked why it was being backed up on the line. It seemed there was room to the north to build the pool. Mrs. Lammers said that was where the pool would be. By shifting it over ten or 15 feet, Chairman Thompson said they could go the other way. Mrs. Lammers explained that if they shift it over, the pool will be behind the garage. She pointed to an existing screen porch and said they want to come out with a screened enclosure off of the end of the existing screened porch and off the end of the house so there would just be a rectangular screened enclosure that would fit in back of the house. She indicated their living area and the garage. They could step from the living room, under the covered screened porch, to the pool, which is what most people have. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 Mrs. Lammers said the pool itself is ten feet away from the property line. All they need is the concrete and enclosure area, which is the only part they are requesting a variance for. Chairman Thompson determined that Mrs. Lammers was just asking to square it off. Mrs. Lammers said the pool is well within the property line. There was more discussion. Mrs. Lammers said all they want to do is square the screened in patio off. Mr. Uleck asked what was non-conforming. Mr. Howell replied the ten foot side setback. She would be encroaching in the setback at the Lake Worth Management District's easement. Mr. Howell said Mrs. Lammers has 90 feet of open space. Mrs. Lammers informed the Members that there are no sidewalks or roads, just grass. Chairman Thompson asked if anyone wished to speak in favor of the variance. John A. Pagliarula, 3546 South Lake Drive, owns the property just to the south of the subject property, is familiar with the area, and did not see any reason why the variance should be denied. For the record, Mr. Pagliarula was for it. No one else wished to speak in favor of granting the variance. Chairman Thompson asked if anyone wished to speak against granting the variance. There was no response. Secretary Gordon read the three communications in favor of granting the request, the one presented by Mrs. Lammers tonight, and the letter from the Lake Worth Drainage District. Since the Lake Worth Drainage District had no objection, Mr. Uleck commented that he had no objection. Mrs. Artis questioned why Mrs. Lammers asked for a variance. Chairman Thompson replied that the pool conforms to all regulations, but Mrs. Lammers wants to keep the screen enclosure square. Chairman Thompson did not see a hardship. He said it was a matter of design. Mrs. Lammers could still put her screen around the pool, but it would not be square. The pool could be built any way Mrs. Lammers wanted to build it. It was Chairman Thompson's personal opinion that to give Mrs. Lammers a setback within the Drainage District's easement, regardless of whether they agree to it or not, would not justify a hardship to grant a variance. Mrs. Lammers inter- jected that the screen would not even go into the Drainage District's property. While the Drainage District would grant permission for Mrs. Lammers to get that close to their - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 property, Chairman Thompson said it would violate the City Code. To him having a square screen did not justify a hardship. Mrs. Artis asked that the diagram be explained to her so she could see where the screen would go without a variance. If the pool was moved five or ten feet to the left, Chairman Thompson said it would still be behind the patio without go- ing behind the garage area. The pool could be moved forward and still be exactly behind the existing patio. Mr. Uleck moved to grant the request for variance, seconded by Vice Chairman Ampol. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 5-2 with Chairman Thompson and Mr. Mearns voting against the motion. Chairman Thompson reiterated that to have a design of a square screen did not justify a hardship "in his book". Mr. Mearns denied the request for the same reason as Chairman Thompson. The request was granted. Case #76 Applicant - Owner: Request: Proposed Use: Location: Alexander L. King, President Qualitycraft Construction, Inc. Relief from R-1AA zoning requirement of 75 sq. ft. lot frontage to be reduced to 69 ft. lot frontage Construction of single family residence 906 N. W. 6th Avenue Lot 226, LAUREL HILLS, 5TH ADDITION, recorded in Plat Book 23, Page 183, Palm Beach County Records, together with East 15.00 feet of Lots 8 & 9, GLEN ARBOR, recorded in Plat Book 25, Page 121, Palm Beach County Records Secretary Gordon read the application and the answers to paragraph 5 (a-f). Alexander L. King, President, Qualitycraft Construction, Inc., 3555 Harlowe Avenue, Boynton Beach, said he bought the lot awhile back, not knowing a variance was needed to build on it. He intends to build on the lot and applied for a permit in 1983, and it was denied. Mr. King had the surveys done and had a set of plans drawn, but they would not meet the present requirements so they would have to be redrawn. Mr. King thought it would enhance the value of the surround- ing property rather than hurt anyone. Vacant lots are a - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 nuisance and just a place for people to dump their trash. Mr. King just rode by on his way to the meeting and saw "stuff" on the lot. Mr. King thought he met all of the requirements. Mr. Uleck asked if Mr. King intended to build the typical home like the ones that are presently there. Mr. King replied that he couldn't because the ones that are there are too small. He would have to build to meet the city's requirement of 1500 square feet. Mr. Uleck was concerned that Mr. King's home would be protruding 10 feet beyond the other homes. Mr. King answered that his home would probably be towards the back of them because the houses around his property are nowhere close to 1500 square feet. Vice Chairman Ampol pointed out that Mr. King came before the Board for only a six foot variance. Chairman Thompson asked if anyone wished to speak in favor or in opposition to granting the variance. There was no response. Secretary Gordon reported there were no communica- tions. Chairman Thompson observed that the property is landlocked. There are houses on both sides. Other than the front foot- age, Mr. Howell said it will meet all of the requirements. In view of the fact that the change in zoning created the hardship, plus the fact that it is a landlocked situation over which they have no control, Mr. Mearns moved to grant the variance, seconded by Secretary Gordon. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0. Chairman Thompson voted in favor of granting the variance because the property is landlocked, will meet all of the Building Code requirements other than the front footage, and it will be in line with all of the other properties there. Discussion re Dropping Fee - Councilman James R. Warnke Councilman Warnke wanted the opinion of the Members on a question that has bothered him for a long time. If a person owns property in the city which is rezoned by the City, creating a hardship, he wondered if the Board Members thought it was fair for the person to be charged $150. Chairman Thompson thought everyone knew his opinion because he had said many times. He did not think it was fair to charge the $150 and asked why they could not grandfather all of those lots without charging the people. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA APRIL 8, 1985 Councilman Warnke wanted the Board's feeling because he may bring this up before the Council. Chairman Thompson also pointed out that $150 is a lot of money to a lot of the people that come before the Board. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:00 P. M. Pa t~ionCieaTaR~eyer ~ - 9 -