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Minutes 06-13-83 MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL~ BOYNTON BEACH, FLORIDA, MONDAY, JUNE 13, 1983, AT 7:00 P.M, PRESENT Vernon Thompson, Jr., Chairman Bert Keehr, George Ampol, Vice Chairman Deputy Building Official Robert Gordon, Secretary City of Boynton Beach George Mearns Joseph Moore Paul Slavin Harold Weinberg Lillian Artis, Alternate Leo Grossbard, Alternate Chairman Thompson called the meeting to order at 7:00 Mr. Weinberg asked to be excused due to a sore jaw. The Chairman asked Mr. Grossbard, Alternate, to take his place. INTRODUCTIONS Chairman Thompson introduced Bert Keehr, Deputy Building Official, who was there to advise the Board regarding technical information. He also introduced the Members of the Board and the Recording Secretary~ Virginia Jackson. The Chairman recognized the presence of ~Vice Mayor~ Carl Zimmerman, Councilman and Mrs. Nick Cassandra, Mr, Simon Ryder, Chairman of the Planning and Zoning Board, Councilman Joe deLong and a former Member of the Board, Mr. Teddy Blum, MINUTES OF APRIL ll, 1983 Mr. Gordon moved that the Minutes be ado~d as received, Mr. Mearns seconded the motion and the motion carried 7~0. PUBLIC HEARING PROCEDURE For the benefit of the applicants and all others in the audience, Chairman Thompson advised that other than going out and viewing the property, there are six criteria on which Members of the Board base 'their~'?d~cisi6n-~_ They are: "a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, struct- ures, or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 "c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance t.o other lands, buildings, or structures ~n the same zoning diStrict, d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the sam~ zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building,., or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter (iordinance)~. and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare." Although there are many other criteria on which a decision is based, Chairman Thompson advised that the. above six take pre- cedence. When the applicant comes forward~ Chairman Thompson further stated, they will have him shed any light that is possible to help the Board make a decision as to whether the variance is to be granted or not. Inasmuch as the first applicant, Vincent Pecorella was not in the audience, the Board proceeded to go forward with the ~second application. Mr. Ampol called attention to the fact that this would be the second postponement. At the request of Mr. Keehr, the Chairman and the Members last.of the Board agreed to take the application of Mr. Pecorella PUBLIC HEARING Case #34 Applicant: Thomas ~ - Roche Request: Relief~'fr°m minimUat~3tO~ ~a~e~ 'fOr~ Ri ~zoning of Proposed Improvement: This variance is for a site approval. Location: 149 S. Atlantic Drive - 2 - ~ ~INUTES ~ BOARD OF ADJUSTMENT BOYNTON BEACH~ FLORIDA JUNE 13, 1983 Board Secretary Gordon read from the application as follows: "Property involved: Lot 19, Block 8, Rolling Green Ridge, Seacrest Addition, Plat Book 25, Page 22, Palm Beach County. Address: 149 South Atlantic Drive Property is presently zoned: R-l, Formerly zoned: R~2~ Denial was made upc~ existing zoning requirements frcm which relief is required: Minimum lot area for R1 zoning is 6,000 square feet. Nature of exception or variance required: Subject lot has. approximately 5,550 s~e feet, therefore a variance of 450 square feet is required. Proposed improwm~_nt: This variance is for a site Name of Applicant: Thomas Roche 4360 Gleneagles Road Boynton Beach" Secretary Gordon continued to read: "Answers to questions: a. The lot in question has existed for many years and according to location sketch, the parcel directly to the East is the same, approximately the same size, and presently has a single family home on it. b. None c. The single family residence I propose appears to fit in with the rest of the existing hc~es in the area. d. It would not be possible to obtain another vacant lot on this block because they are all developed with single family hcmes. e. The only relief requested is from the minimum square footage from 6,000 to 5,666.2. · f.I can not see any detr~tal effect on the area and it will certainly be in harmony with the rest of the Mr. Thomas Roche, 4360 Gleneagles ~Road, Boynton Beach came before the Board. He proposes to build a single family home on the lot and said it was_s~hy450 square feet and was platted in 1957. Mr. Roche said he was not asking for any other relief other than to build a house that would conform to the setbacks required by zoning. In answer to Mr. S'lav~n's question, Mr. Keehr replied that the subject lot represented the original platting in 1957. Mr. Slavin observed the stakes and sharp angle at the site. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 Chairman Thompson observed when visiting the property that the lot is landlocked by homes and there is no opportunity to buy additional land. Mr. SlaYin asked Mr. Roche if the house was being built for his own residence or for an inv- estment. Mr, Roche replied that it was not so much an investment but if it wasn't sold by the time it was complete, he might move into it. The Chairman commented that the Board would be voting on the land itself instead of the use of it. Mr. Sla~in knew that but when he was at the site, he was told a variety of stories and therefore wanted to find the answer out for himself. The Chairman ascertained that there were no more questions at this time. He asked if there was anyone wishing to speak IN FAVOR of granting the variance. No one responded. The Chairman then asked if there was anyone wishing to speak AGAINST the granting of the variance. There were no responses. It was ascertained~that no communications were received by the Secretary of the Board. THE PUBLIC HEARING WAS CLOSED. Mr. Gordon questioned the disparity 6f. square footage shown on the paperwork. Mr. Keehr explained and Mr. Roche added that it was his own error. Mr. Slavin moved that Mr. Roche be ~ the variance for the following reasons: 1) The way the lot is platted is through no fault of the applicant. 2} There is no additional ground or footage to be bought. 3) Nobody wants to have a vacant lot ~earby- and there is nothing that can be done with the propert~ with its present zoning. The overall footage isn't that great. Mr. Slavin further ~on$idered the sharp..ang!e going from~_~ east_~to west on the survey and the surveyor's stakes on the lot. He realized that nothing can be done the way the lot is. Mr. Gordon seconded the motion. Chairman Thompson asked the Recording Secretary to take a roll call vote. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13~ 1983 Mr. Mearns ~ Aye Mr. Grossbard - Aye Vice Chairman Ampol - Aye Chairman Thompson - Aye Mr. 'Gordon - Aye Mr. Slavin - Aye Mr. Moore - Aye The motion carried 7-0. The variance was grant'ed. PUBLIC HEARING Case ~35 Applicant: James Michael Fichera Request: Relief from rear yard setback requirement for R-1AA zoning from 25' to 10' rear yard setback Proposed Improvement-: Additional rooms Location: 800 North Road Secretary Gordon read from the application~ as follows: "The Property involved is Lot 10 together with the west 100' of the east 129' of Lot 46~ Harbor Estates, Plat Book 21, Page 98. Address: 800 North Road Property is presently zoned: R-1AA Formerly zoned: R-1AA~ Denial was made upc~ ~existing zoning requirements frcm which relief is required: R-tAA zoning requires 25' rear yard setback. Nature of exception or variance required: Owner is requesting that the rear yard setback be reduced to ten feet (10'), therefore a variance of fifteen feet (15') is required. Name of Applicant: James Michael Fichera Address: 800 North Road, Boynton Beach, Florida, Answers to questions: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; b. That the special conditions and circumstances do not result from the actions of the applicant; MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13~ 1983 .... c. That granting the variance requested will not confer on the applicant any s~cial privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; d. That literal interpretation of the provisions of this chapter would deprive the applicant of rights conmonly enjoyed by other propert~ies in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; e, That the variance granted is the minimum variance -~' that will make possible the reasonable use of the land, building, or structure; f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare~" Mr. Gordon continued to read Section 10 - Answers: "A. That the lot is only 80 feet deep and with the proper setbacks, it does not leave much room to build. B. The size of the lot and the setbacks on the lot were. established before I owned it. C. Variances have been granted to several of the property owners 'in the same area, D. Other property owners in the same zoning district have received'variances to increase their living area to acc~-~-~-~date their needs and I would like to increase mine to be able to accommodate my sisters and family, E. Due to the existing structure the fifteen foot-variance would be the most reasonable ~ attempt to readapt 'the structure. F. The addition to the structure will not decrease the setback already existing." Mr. James Michael Fichera, 800 North Road, Boynton Beach, came forward at the request of the Chairman. He had nothing further to add to the above. In answer to Mr. Slavin's question, Mr. Fichera stated that he wants to add a bedroom and a dining room to a particular area. Mr. Slavin asked Mr. Keehr if the Building Department had a plan for those additions. They did not. ...... With regard to Section 10 "D", Mr. Slavin asked if the MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 answer .."to be able to accommodate my sisters and family" meant one family. Mr. Fichera concurred. When asked if the family has the name "Fichera" or if there were any "in-laws", Mr. Fichera replied that none of his sisters were presently married and that he would not deny them that but it would change their last name presumably. Mr. Slavin asked the applicant if he knew that a variance was applied for in 1981 for the "same proposition". When told that the applicant knew that, Mr. Slavin then asked what had come up since then that the Board could consider and grant the variance to override the old objection, Mr. Fichera advised ~that he was the new property owner and that he might have a much larger family in the future. In answer to Chairman Thompson's question, Mr. Keehr advised that his records indicate that the property was bought in May of 1981. That was the only time the City 'has any record of. Mr. Fichera stated that he did bring a floor plan in from which Mr. Keehr made his drawing and then returned Mr. Fichera~s plan. Mr, Keehr explained that it was not one that would'be submitted for a . ~ permit. Mr. Fichera. said he did have a full sized plan. Mr. Mearns asked the applicant about further clarification of the additions. The Chairman questiOned Mr,~Keehr regarding the old code. The City had no record of the original setbacks. Chairman Thompson then ascertained that the south addition was not one put on in the last ten years. Mr. Grossbard was told by Mr. Keehr that the property in the middle of the two additions was there originally and that there is no record of a variance being granted. Mr, Grossbard further ascertained from Mr. Keehr that if the applicant made the two additions, that would square the house' off~ Mr. Mearns confirmed that the applicant was allowed to build within 10' of the property line and that all he is doing is squaring it off and that "he is no worse off or better off". The fact that the applicant is l0T away, Mr. Keehr explained, does not Obligate the City in any manner to grant this variance. In adding these two additions, it woUld be adding to a nonconforming situation and Mr. Keehr wanted the Board Members to keep that in mind. Chairman Thompson asked if there was anyone who wanted to speak IN FAVOR.of granting the variance. There were no responses. The Chairman then asked if there was anyone wishing to speak AGAINST granting the variance. There was no response. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 The Board received one communication which Secretary Gordon read as follows: "June 4, 1983 Dear Sirs: No objection to the request. The original developer's setback was 10' on the rear property line. /s/ Henry Merkel, Jr, (~The Developer)_" Chairman Thompson remarked that this communication was in favor. As there was no one else to speak for or against, THE PUBLIC HEARING WAS CLOSED, The Chairman asked for comments from the Board Members. When Mr. Mearns viewed the property he noted that it was in an ideal location OVerlooking the canal. As long as Mr~ Fichera was staying within the periPhery of the present existing line of the building, Mr. Mearns thought it would enhance the appearance for his neighbors. Personally, Mr. Mearns was in favor of granting the variance. As there were no other comments that the Members of the Board wished to make, Chairman Thompson stated that he had one comment to express. Over 60% of the homes in the area are 10' or less off the line and the reason for that was beyond the Board'.s control. Chairman Thompson further stated that the lots were small when they were-Platted and people have continued to' add on to what they have; the-whOle community is tight. Mr. Ampol stated that he has seen quite a bit of the area and in view of the hardship on the applicant, he believes the variance should be granted. Mr. Ampol so moved to grant the variance. Mr. Grossbard seconded the motion m Before proceeding, the Chairman asked if there were any questions. Mr. Slavin Wished to asked a question of Mr, Keehr. When Mr. Slavin visited the property, he was told by a pro- pertY · owner that it was going to be used for "multiple~ family" and that was why he asked Mr. Fichera questions relating to this. Mr. Slavin asked if he was not correct in that any changes made, i.e. adding kitchens, make it a duplex, would have to come before the Building Department. Mr. Keehr concurred and said that was quite impossible. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 AS there were no further questions on the motions Chairman Thompson asked Mrs. Jackson, the Recording Secretary, to take a roll call vote: Mr. Moore - Aye Mr. Slavin - Aye Mr. Gordon - Aye Chairman Thompson - Aye Vice Chairman Ampol - Aye Mr. Grossbard - Aye Mr. Mearns - Aye The motion carried 7-0. The variance was~ granHed. C~airman Thompson noted that there was one more application. Mr~ Keehr asked through the Chair if the Board. could take a 10 minute recess to call the applicant on the phone. He thought the applicant could be at the meeting in 10 minutes and he knew the applicant would appreciate it. Chairman Thompson stated that the request was granted. PUBLI~C ~E~ING Case ~33 Applicant: Vincent P.ecorella Request: (1~ ~Relief from rear year setback requirement for R~iAA zoning of' 8' to 1'3" rear yard setback (2) Relief from front yard setback requirement of 25' to 17' front yard setback Proposed Improvement: Screen enclosure for pool Location: 2775 S.W. llth Street Secretary Gordon read from the application as follows: "Property involved: Lot 6, Plat 11, Golfview Harbor, Section 1, Plat Book 26, Page 178o Address: 2775 S.W. llth Street Property is presently zoned: R~AA, Fo/~erly Zoned: R-1AA Denial was made upon existing zoning rsquirements from which relief is required: Section ll-F -No screen enclosure shall be constructed close~ than eight feet (8') from the rear property line or closer than twenty-- five feet (25') from front property. On corner lots property bordering both streets shall be considered as front yards. Nature of exception or variance required: Owner is reques~ng the rear yard setback for a screen enclosure be reduced to one foot three inches (t'3"), therefore a variance of six foot nine incb~s (6'9")_ is ra~u~ ired and - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 "the front yard setback to be reduced to seventeen feet (17'). Therefore, a variance of eight feet (8') is required. Proposed i~provement: Proposed screen enclosure to be constructed at edge of pool deck. Name of Applicant: Vincent Pecorella Address of Applicant: 2775 South West llth Street" Secretary Gordon read the applicant's answers to the questions as follows: "A. Pool and deck was located by previous owner and out of my control, Fourteen year old daughter has allergic reaction to insect and bee bites (see attached doctor's note) and granting of this variance will allow her to enjoy the use of pool, B. This condition of pool being located close to rear of property was accomplished by the previous owner and out of my ccntrol. My daughter's condition would be helped by enclosing the pool. C. A screen pool enclosure is in harmony with the surrounding ~neighborhood as there are many existing properties that have them, including adjoining homes. There are numerous screen pool enclosures in the area, some recently built that are closer to property lines than the City requizements, Denial would limit my family from the same cc~fort and safety enjoyed by others in the neighborhood. E. The screen enclosure will 'be built on the existing deck, leaving at least one foot three inches (~1'3") to the property line and ~11 be affixed permanently to the house. The screen enclosure will be built according to all city codes and would certainly not be considered an eyesore. F. As stated previously, there are many other screen pool enclosures in the area ~nd they add to the beauty and value of the property, rather tb~nn being detrimental." A note from Luis A.. Galainena, M,D~',P,A,, 6.25 S,E. 2nd Avenue, Boynton Beach was submitted as follows: - 10 - MINUTES ~ BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1R83 "April 4, 1983 To Whc~ It May Concern; Suzanne Pecorella has an allergic reaction to insect bites. For this reason, T reCommend that the PeCOrella's have a screened enclosure over their pool. If you have any further questions, please contact my office. Sincerely, /s/ Louis A. Galainena Louis A. Galainena, M.D., F.F.A.F.P," Mrs. Barbara A. Pecorella, 2775 South West llth Street, came forward saying she really did not have too much to add .otherJ~.than a comment on what Mr. Gordon just read. Her daughter had been biten several times and required medical attention. She described tha~ reaction and her concern and answered Mr. Ampol's question saying that Sue is allergic to bee stings and insect bites and referred to the doctor's note. Mr. Keehr answered the Chairman's question explaining that the variance requested is ~o the rear)~, the west side and the south side. Mr. Ampol asked if it would extend beyond the concrete slab. Mr. Keehr replied, "No, sir." He added that they want to put the screen on the pool deck. In reply to a question Chairman Thompson asked as he looked at the survey, Mr. Keehr stated that the actual measurement from the screen to the street was 17' and that was why the applicant was asking for an 8' variance on the south side. Mr. Slavin noted the little walkway where the screened porch is. Chairman Thompson concurred. From the pool to the property line~ Chairman Thompson asked how many feet there was. Mr. Keehr said it was 5'3" from water's edge to property line and further answered the Chairman's inquiry that it was in violation in that it was constructed in violation of the zoning setb~ack ordinance for pools, however, it was approved by the Building Depart- ment on inspection. Chairman Thompson invited questions from .the Members of the Board as.~.well as the Alternates. Mr. Slavin observed that the house was sold in 1977. Mr, Keehr answered his inquiry stated that it was constructed in 1973. Mr. Keehr told Mr, Ampol that he was correct in that the Building Department did approve Something illegal and nonconforming. Mr. Keehr further - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 stated that he had the permit and the.plans of that particular pool which was constructed prior to the applicant's purchasing the property. On the application the pool is 10' from the rear property line, however, Mr. Keehr added, when this survey was made, it showed the pool~.to be only 5'3" ~o that a final inspector did not notice the footage differential which, on a new home, would be understandable if there were no fences up, etc. It was before Mr. Keehr and Mr. Howell's time and would not happen today, As Mr. Ampol understood it, the existing footage at this time was 5'3". Mr. Keehr said Hhat was correct and told Mr. Slavin that he was correct in saying that when the applicant purchased this piece of property, they purchased a violation. It was Mr. Grossbard's thinking that the real hardship in this application was one of a medical nature. He questioned Mrs. Pecorella further about her daughter's allergy, She told Mr. Grossbard that this occurs particularly in the back yard. Mr. Slavin ascertained through questioning Mr. Keehr that if the pool deck were 1'3", that the screen in no way, would be permitted to go beyond that and would be contained. When Mr. Ampol visited the property, he noted a number of pools-~hat he believed were nonconforming. Mrs. Pecorella agreed and said there was one right next door to her property. Mr. Ampol asked some of the neighbors and added' that they would not object to it at all. Mrs. Pecorella said, "Right". As there were no other questions from the Members of the Board, the Chairman thanked the applicant and stated that if she had anything else to share with the board, she would be recognized by raising her hand. Chairman Thompson asked if there was anyone in the audience wishing to speak IN FAVOR of granting the variance. There was no response. Chairman Thompson asked if!there was anyone in the audience wanting to speak kGAINST granting the variance. Mr. John D. Paul, 1135 S.W. 28th, said he resides ~mmediately to the west of the property. He believed he had an objection on file. In answer to Mr. $1avin's question, Mr. Paul said he filed an objection as of the last meeting, Mr. ~ordon stated that~ he had no record of it~ Chairman Thompson said he took everything out of the box on the way up. Mr. Paul had a copy and was aSked to read it. Mr. Paul stated that his visual objection was that the subject house and pool was built on a corner lot and is subject to setbacks on both sides. "The requirement - 12 ~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 effectively states that a corner lot has two fronts. Given that the pool and the house are currently in viola%ion of City Code and that the hoUse does not meet the 25' setback nor does the pool - the side that faces 28th Avenue not only does not meet the 25', but extends past it, What was therefore called the front of the house on the 28th Avenue side andis approximately 5' from the western property line, is again in viOlation of City Codes." Mr. Paul continued to say that none of these have variances on record that he ',i's aware of. Of the 2 adjoining lots one is screened and'one is not. Of the two other lots which would adjoin the property across the street from it that have pools, one is screened and one is not and Mr. Paul stated this was approximately 50%. The screen enclosure that would be closer to 28th Avenue than this house, would extend past the front of! the house on the 28th Avenue side and Mr. Paul felt that would be an eyesore, It extends nearer to the street than other houses do on the street and extends closer to the street than this existing house, Mr. Paul continued to elaborate on the contents of his letter by saying that the removal of the existing fence, which goes along with the screened enclosure, would require two adjoining property owners to replace the fence at their own expense, maintain their existing privacy and on the north side, would be required that 'that property owner maintain the integrity of his pool enclosure which is required bythe code an~d t~at~neighbor? kas an~open pololi~ th~refo~e~_-~ has to have a fenced lot. Replacement of the fence along the Paul's property line to maintain their existing privacy would mean putting a fence within a few inches of the screen enclosure and would not allow for proper maintenance .of that enclosure, Mr, Paul said there would not be room enough to go between the fence and the screen enclosure. For example he said in replacing the screen ha would not have enough clearance, If he were to set the fence further from his property line to allow for proper maintenance then he would be decreasing his own side yard. Mr. Paul did not think that would be a reasonable move for him to take, Mr. Paul wanted to know if he had a right to ask a question along the medical line. Chairman Thompson replied that if it were one of the six questions, he had a right to ask it, Was-it not a fact that this daughter, asked Mr. Paul~ is with the Eaglettes or with the Cheer Leading Team of Atlantic - 13 ~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 High School which is a significant outdoor activity and would put her into close proximity to the possibility of insect bites and therefore might-began exposure that is far greater. For clarification, Chairman Thompson wanted to ascertain that the 19' shown on the south side of the subject property was also a violation. Mr. Keehr said that was correct and that the Department has found that to be a common occurrence of the people that were in charge of ~the Building Department before. For whatever reason there imight have been, the current Building Department has found several houses that ~have violated this particular setback ordinance and are legally nonconforming because of the fact that they were allowed to be built that way. When Chairman Thompson drove around the property~ he obServed that it protruded further than the others, Mr. Keehr said that was correct. The other houses on 28th Avenue are back 25' With regard to communications, Secretary Gordon had one in favor. He read the letter of April 4, 1983 from Dr~ Louis A. Galainena. Mr. Mearns expressed his compassion for the applicant~'s daughter and questioned the many other hours in the day that she is exposed to bites. He stated, "They don"t build a fence around her or a screen enclosure around her all day long." He did not question the existence of the hardship but wondered if it truly is a hardhip in the sense that it exists all day long. Mrs Pecorella advised that her daughter has been bitten when she is in their back yard around the pool and that it doeSn't happen when she is active in her Eaglettes football field activity. Secondly, Mrs. Pecorella brought up the matter of Mr. Paul's privacy with the fence. If she didn't have a screen enclosed pool, Mrs. Pecorella stated that she could just put up a chain link fence and asked, "Where is his privacy then?~ We have a fence up now that affords privacy but that doesn't mean we have to keep that. Third of all, he brought up our neighbor; that he has to put up a fence as soon as we take down our fence. I don't see that neighbor here objecting. We are on very friendly terms with our neighbors and none of them have objected to the pool." At this time, Mr. Keehr advised the Members of the Board that a screen enclosure takes the place of a fence. There would be no fence required if there is a screen enclosure. - 14 - MINUTES - BOARD-OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 Mr. Ampol could sympathize with Mrs, Pecorella. One of his neighbors-, an adult, got stung by a hornet and wound up in a hospital. With a young girl, it could be fatal. Mr. Ampol spoke to some of the neighbors and none of them were against the screen enclosure. Mr. Ampol pointed out that the applicant also had a doctor's statement to verify the facts. Mr. Ampol said he was inclined.toward the applicant's variance. As Chairman of the Board, Chairman Thompson stated that he must point out everything regardless of where it falls. The first thing is that the house is in viola~ion~ Secondly, the screen enclosure would put it in'.violation threefoldthus enhancing the problem more and more. He gave an example. Did the Members of the Board.!want to compound the problems this piece of property has~ the hoUse, the pool, the screen enclosure? Chairman Thompson understood the medical problems of the applicant. He reminded the assemblage that they must take all things into consideration; the hardship in six areas. Before asking for a motion, Chairman Thompson stated that it takes five (.5) assenting votes to grant the request. At this time Mrs. Pecorella asked to be heard, She wanted to make it clear that she or the former owners had nothing to do with the violations existing with the house or w±th her pool. The Paul's~o the west) house and pool is also in violation. According to the last letter that Mrs. Pecorella received from the City, the Paul house is only 7½' off the property line. Mr. Keehr pointed out that 7%' is proper and that the Paul's are. not in violation of the side setback, Mrs. Pecorella thought it had to be 8'. Mr, Keehr told her that it was platted prior to 1975 where 7'6" is required.. Mrs, Pecorella stated, "I would like to make it clear that this isn't even the former owners. Everything was done above board and legally." Vice Chairman Ampol wondered why in that particular area Golf View Harbour, there have been so ~any nonconforming violations. Although Mr. Keehr was not "there at the time", he said he could appreciate some of the problems with the construction, as busy as they were and could appreciate some of their procedures and how that could happen. He thought that perhaps because of these mistakes the Building Department is much more efficient today and requires a few more safeguards. Mr. Keehr also added' that - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 13, 1983 Golf View Harbour lots in most cases, were very short, They were not the normal 120' or 125'. They are 100" or 102' which creates a.problem trying to put in a pool and screen enclosure in their rear yard because there just isn't any room and everybody wants one. Mr. Keehr~knew that the Board of Adjustment has heard several screened enclosure cases in the Golf View Harbour area. His only explanation was the fact of the initial platting of the lot. There being no further questions, the Chair entertained a motion at this time. Secretary Gordon moved that the variance be granted. He thought i.t would enhance the beauty and v~Ue of th~ property. He also called attention to the reason for granting the variance because of the idea of the daughter. Vice Chairman Ampol seconded the motion, Chairman Thompson asked Mrs, Jackson, the Recording Secretary to take a roll call vote: Mr. Moore ~ Aye Mr. Slavin - Aye Secretary Gordon ? Aye Chairman Thompson - Nay Vice Chairman Ampol - Aye Mr. Grossbard - Aye Mr. Mearns - Nay The motion carried 5-2. The variance was gran'ted. NEXT MEETING After discussion it was decided the next meeting would be held Monday, August 8, 1983. All the Members of the Board would be called to determine who would be available, ADJOURNMENT Vice Chairman Ampol moved that the meeting adjourn,,. Mr, Mearns seconded the motion and the motion carried 7-0, Respectfully submitted, V~rgin_ia/T, Jackson, ~ec6rdi~g Secretary (_2 Tapes} - 16-