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Minutes 05-09-83 MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MAY 9, 1983 AT 7:00 P. M. PRESENT George Ampol, Vice Chairman Bert Keehr, Robert Gordon, Secretary Deputy Building Official George Mearns City of Boynton Beach Joseph Moore Paul Slavin Harold Weinberg Lillian Artis, Alternate Leo Grossbard, Alternate ABSENT Vernon Thompson, Jr., Chairman Vice Chairman Ampol called the meeting to order at 7:05 P. M. He recognized the presence of Councilman Joe deLong, Vice Mayor Carl Zimmerman (former Chairman of the Board), Councilman Nick Cassandra and Ted Blum (former Members of the Board) in the audience. Vice Chairman Ampol introduced the Members and Alternate Members of the Board, the Deputy Building Official and the Recording Secretary. , As Chairman Thompson was not present, Mr. Grossbard sat as a Member with the Board. Mrs. Artis was in the audience. MINUTES OF APRIL 11, 1983 Vice Chairman Ampol referred to the second paragraph on page 9 of the Minutes, which reads "To a question posed by Mr. Ampol.... Vice Chairman Ampol clarified that his question was whether gunite concrete was being poured into the pool." The minutes read that "concrete within the gunite was done." Vice Chairman Ampol explained that the Minutes should be corrected because it is a gunite high pressure concrete that went into the pool. Mr. Weinberg determined that it was gunite concrete within the pool. Mr. Weinberg moved, seconded by Mr. Mearns, to approve the Minutes as corrected. A vote was taken on the motion, and the motion carried 4-0, with Mr. Gordon, Mr. Slavin, and Mr. Grossbard abstaining from voting as they were not present at the meeting of April 11, 1983. PUBLIC HEARING Parcel ~2 Lot 6, Block 11, GOLFVIEW HARBOR 1st SECTION Recorded in Plat Book 26, Page 178, Palm Beach County Records. -- i -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 9, 1983 Request: Relief from rear yard setback requirement of 8' to 6'9" rear yard setback Address: 2775 S. W. llth St. Applicant: Vincent Pecorella Secretary Gordon informed everyone that the applicant asked that this be postponed until June 13, 1983. Mr. Keehr, Deputy Building Official, added that the reason for the postponement is that it was discovered at a later date that there was an additional variance required for this particular application° Therefore, advertising to the adjoining property owners has to take place and postponement was necessary. Per the request of the Building Department, Secretary Gordon moved that the case be postponed and not be heard until June 13, 1983 because of an additional required variance. Mr. Slavin seconded the motion, and the motion carried 7-0. Parcel #1 Lot 37, CHRISTIAN VILLAS PLAT 2 Recorded in Plat Book 40, Page 102, Palm Beach County Records Request: Relief from rear yard setback requirement of 40' to 35' rear yard setback Address: 2400 S. W. 19th Ave., Unit 37 Applicant: Arthur Caruana Secretary Gordon read from the application as follows: "Property is presently zoned: R-3. Formerly zoned: R-1AA. Denial was made upon existing'"zoning requirements from which relief is required: R-3 Zoning requires forty foot (40') rear yard setback. Nature of exception or variance required: Owner is re~uestin~ the rear ~ard be reduced to thirty-five feet (35'); therefore a variance of five feet (5') ~s reHuired. ' Proposed improvement: To construct a roofed-over screened ~ust directl~ north of existing_screen~.. Secretary Gordon read the applicant's answers to the six questions a through f, question 5, "Statement Of special con- ditions, hardships or reasons justifying the requested exception or variance: "A. The screened porch furnished by the builder measures approximately 7'x24'. These dimensions render the space practi- cally unusable as a viable area to entertain in and adequately furnish. The screened exterior admits rain which constantly - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 9, 1983 soaks furnishings. B. The existing screened porch is as supplied by the builder. C. Many existing homes in the area have screened porches which are approximately 12'x24' (Leisureville). D. Literal interpretation of the provisions of this chapter would preclude the ability to make proper use of the space and render a hardship on the applicant. E. The variance requested is the minimum variance which will permit reasonable use of the space. F. Granting the variance will not be injurious to the area or detrimental to the public welfare." Viceforward. Chairman Ampol called the applicant, Mr. Arthur Caruana, Mr. Weinberg noted the Warranty Deed shows S. E. 19th Avenue, and he suggested the Board change it to S. W. Members of the Board advised him that they could not change a Deed. Vice Chairman Ampol wished that it be reflected in the Minutes. Vice Chairman Ampol read the criteria that would be used in judging the application. Mr. Caruana informed the Members of the Board that he understands the criteria. Mr. Grossbard looked at Mr. Caruana's property a week ago and noticed two homes just west of him. Mr. Grossbard asked Mr. Caruana if he would go further than that on his screen. Mr. · Caruana answered, "No. Actually, I am not trying to add anything more to the home than exists already in two other homes in the area with the exception that I desire to put a finished roof instead of an open screen roof on this porch. That is the only difference, really.- Mr. Caruana further pointed out that the property faces back on other property that is zoned Commercial at the present time, so there is no indication that it would be detrimental to the other occupants in the future. Mr. Mearns observed that Mr. Caruana had already put the concrete slab in. Mr. Caruana replied that the concrete slab was put in, based on getting a building permit. Mr. Slavin asked Mr. Keehr if the fact that the property to the north was zoned Commercial would mean there has to be a six foot wall. Mr. Keehr answered, "Yes." Mr. Slavin asked if Mr. Caruana would have to put that six foot wall there. Mr. Keehr replied, "No. The future developers would have to." Having examined the property with Mr. Grossbard and knowing that there are still homes that have the same variance, Mr. Weinberg moved to grant the variance he requested. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 9, 1983 Mr. Keehr informed the Board that a structure with a screened roof is allowed to be built within eight foot of the property line; whereas, a structure with a p,~rmanent type roof must stay 40 foot away. Mr. Slavin called att~ention to Mr. Weinberg's motion and asked Mr. Keehr why he b~ought in now the fact that without a permanent roof, it can be eight foot away; whereas, what Mr. Caruana wants to put in wo~lld have to have a 40 foot setback. What Mr. Keehr was saying was if yogi put in a screened enclosure with a screened roof, the Ordinance says you can build it within eight foot of your property line. ]{owever, if you put a solid roof, you must stay, in this partic~llar zoning, 40 foot away. The fact that there were two other )nes built with screened roofs would not have any bearing on this ~ase. Mr. Slavin explained that Mr. Carus ~a is asking for a five foot variance. In other words, he has 3~ feet to build or be away from. Mr. Keehr advised that Mr. C~ruana would be 35 feet away if the Board grants the variance. ]4r. Slavin called attention to the fact that whatever developer wo~]ld develop that Commercial property, there would still be a si~ foot wall. Mr. Keehr con- c~rred that was correct. In view of the fact that he was not aware of the zoning rule per- taining to a permanent roof and a s~reened roof, Mr. Weinberg wished to withdraw his motion until there was further discussion. The motion had died for lack of a s~cond. On the permanent type roof, Vice Chairman Ampol asked Mr. Keehr if the concrete slab was 4 inches ti%ick. Mr. Keehr answered, "Yes." Mr. Ampol asked if the compression strenth required was 2500. Mr. Keehr replied, "Yes. 25)0 is right." Mr. Keehr stated that they permit p.~ople to pour a slab for a patio as far out as they want to. '~here is no setback restric- tions on that. When you get a stru.~ture on it is when the set- back restrictions come into play. ]4r. Ampol had Mr. Keehr confirm that the Building Code requires 2500 per square inch and that the only objection here was a )ermanent type roof. Mr. Slavin asked Mr. Caruana if he ~as contemplating breaking down the north screened wall of his present screened-in porch. Mr. Caruana answered, "Yes. I wouL move that present screened wall out five feet to come to the e~ge of the present concrete slab, which would then give me the ~oom width that I am looking for. It would make the room a 12 f)ot wide room instead of a 7 foot room." Vice Chairman Ampol asked if anyone in the audience wished to speak in favor of granting the variance. There was no response. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 9, 1983 He then asked if anyone in the audience wished to speak in oppo- sition to the granting of the variance. response. Again, there was no Secretary Gordon read a letter addressed to Mr. Caruana, dated April 4, 1983, from Cedarwood Villas. A copy of said letter is attached hereto as an AdHendum. Vice Chairman Ampol informed the Members of the Board that when there are any deed restrictions or Board of Directors, restric- tions, they will abide by the Code of the City. Mr.for theSlavinfollowingm°Ved to reasons: grant Mr. Caruana the variance he requested 1. There is plenty of room. He is not in anybody,s way. Should ~nything be built north of him, a six foot fence will be there to insure his future privacy. 2. He is not infringing upon anybody, and of his complex have given their permission the Board of Directors for him to go ahead. Mr. Slavin was sure Mr. Caruana would obey the City Codes and the Codes or requirements laid down by his Association. Mr. Keehr confirmed Mr. Slavin's statement that Mr. Caruana would have to get a permit from the City. Mr. Weinberg pointed out that the motion did not state whether the enclosure was going to have an open screened roof or a per- manent roof, which was the difference between the zoning. Both Mr. Slavin and Secretary Gordon said they were going by the variance and the request for variance. Mr. Slavin said they were informed by Mr. Keehr that Mr. Caruana wants an enclosed porch roof and needs 40 feet. Therefore, Mr. Slavin explained, Mr. Caruana is seeking a five foot variance, which was the basis of his motion, to grant Mr. Caruana the five foot variance. According to the request, it is a closed in roof, Mr. Slavin advised. Mr. Keehr clarified that the request itself states: "To construct a roofed-over screened porch.,, He said the request itself makes it ~ a roof the motion. · Secretary Gordon seconded Mr. Weinberg wanted an opinion from Mr. Keehr as to whether this would constitute a precedent. Mr. Slavin emphasized that these questions have come up before about precedent and the Members were informed that they were acting on each individual case as it is approached. He assured Mr. Weinberg that there is no prece- dent established at any time. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 9, 1983 At the request of Vice Chairman Ampol, Mrs. Ramseyer took a roll call vote on the motion as follows: Mr. Mearns - Aye Mr. Weinberg - Aye Vice Chairman Ampol - Aye Mr. Grossbard - Aye Secretary Gordon _ Aye Mr. Slavin Mr. Moore - Aye Aye Motion carried 7-0. The variance was GRANTED. Meeting of June 13, 1983 Mr. Slavin read where the "skate board kids" will be coming in for a variance request. Mr. Keehr said that was correct. Mr. Keehr informed the Members that they have three cases-for next month and asked how it looks for a quorum at the Meeting of June 13. They were told to call if they cannot attend the meeting. ADJOURNMENT A~- ~here was no further business to come before the meeting, Secretary Gordon moved to adjourn. Mr. Moore seconded the motion, and the motion carried 7-0 The meeting adjourned at 7:35 P.M. ' Respectful~l~tted, Patricia Ramseyer ~. [ Recording Secretary ~! (One Tape) ~ - 6 - ~IINUT~S - BOARD ©F A~TM~NT __~ ~[ MAY 9' '1983' April 4, 1983 ~r. ArThur Caruana 2400 SW 19th Avenue, Unit 137 Boynton Beach, FL 33435 Dear ~, Caruana The Board of Directors have your request to extend and enclose your North facing screened ?rch Five (5) feet beyond the present building l~e. We.are pleased to advise you of our approval to make this renovation providing: 1. Your construction is in compliance with existing local zoning regulations. 2. The finished exterior appearance is in harmony with the present apoearance of the building. 3- The required approval of the Developer is obtained. //~~Director (with full Board concurrance) Cedarwood Villas Association, Inc' Approved this ~ day o ,1983 ~ Clyde ~orrell, Preside~ Christian Development Corp. 'NEW ADDRESS -2.-~00 S. W, 19th AVE. '.- BOYN.TON BEACH, FL 33435 Christian Development Corporation. 4000 Thor-Drive . Boynton Beach, Florida 33435 - (305) 737-5355 ADDENDUM - PAGE 1