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Minutes 03-14-83MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MARCH 14, 1983 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Vice Chairman Bert Keehr, Robert Gordon, Secretary Deputy Building Official George Ampol City of Boynton Beach George Mearns Joseph Moore Paul Slavin Harold Weinberg Leo Grossbard, Alternate ABSENT Lillian Artis, Alternate (Excused) Vice Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Members of the Board, Mr. Bert Keehr, Deputy Building Official, and called attention to the three Members of the Board, George Mearns and Harold Weinberg (first meeting) and Joseph Moore (second meeting). Vice Chairman Thompson informed everyone that Leo Grossbard, Alternate Member, was sitting in the audience. Lillian Artis could not be present because her son was receiving an award at the Sports Night banquet and was excused. Vice Chairman Thompson also introduced Patricia Ramseyer, Recording Secretary. Vice Chairman Thompson recognized the presence of Councilman Joe deLong, Councilman Elect Nick Cassandra (former Member of the Board of Adjustment), and Vice Mayor Elect Carl Zimmerman (former Chairman of the Board of Adjustment). MINUTES .OF FEBRUARY 14, 1983 Mr. Ampol moved, seconded by Secretary Gordon, to accept the minutes as presented. The motion carried 5~0, with Mr. Mearns and Mr. Weinberg abstaining from voting as they were not present at the meeting of February 14, 1983. PUBLIC HEARING PROCEDURE Vice Chairman Thompson announced that there were two applications for variances before the Board tonight. He read the six criterias the Board would be judging .the applications on. Case #28 Applicant: Alistair C. Wilson Request: Relief from sixty foot (60') lot front require- ment to fifty foot (50') Proposed Improvement.: Construction of single family dwelling MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Location: 104 S. W. 4th Ave. (Southwest~corner of Seacrest Blvd. So. & 4th Ave.) Lot 1 less the east 7' ~ less 20' return curve area road R/W, Block 9, BOWERS PARK Recorded in Plat Book 11, Page 57, Palm Beach County records Secretary Gordon read from the application as follows: "Property is presently zoned: R-2 Formerly Zoned: R-2 Denial was made upon existing zoning requirements from which relief is required: R-2 zoning, when used for single family, must meet R-1 requirements. Minimum lotl frontage is sixty foot (60'). Nature of exception or variance required: Subject lot has fifty foot (50') frontage, therefore, a variance of ten foot (10') is required." Secretary Gordon read the six questions outlined under question 6 of the application (a through f). Mr. Alistair C. Wilson, the applicant, 810 Bamboo Lane, Delray Beach, Florida, informed the Members of the Board that when Sea- crest was widened by the County several .years ago, they took off portions of lots abutting Seacrest. This left some of the lots with less frontage than'originally. Mr. Wilson stated that it was zoned R-2 and what they were apply- ing for was to have the minimum 'zoning for a single family dwell- ing. He said the lot has a 50 foot frontage and they were apply- ing for a variance to allow a single family use on a 50 foot lot instead of the designated 60 foot lot, Then, Mr. Wilson said it could be used but, at this point, it cannot be used for anything. Mr. Wilson continued by saying there are buildings on properties all around. It is a single vacant lot left in this zone. Mr. Wilson said it appeared it could be used for a single family dwelling. He assured the Members of the Board he would not be applying for a duplex use, as it is zoned now. Vice Chairman Thompson told the Members he went by to see the property. To the southof the property is a home; to the west of the property is a home; the street is to the north, and Seacrest is on the east side of it. Without a doubt, Vice Chairman Thompson said it is landlocked in. According to 'the documents and minutes of a previous meeting, Mr. Slavin thought Mr. Wilson was more or less grandfathered in on this proposition. The original platting was 50 feet; he had 57 feet; the County took away 7 feet. ~Mr. Slavin said this was not Mr. Wilson's doing; he did'not create the hardship upon himself. Mr. Slavin referred to a copy of the City Council Minutes of the Meeting on July 19, 1977, which he thought, more or less, - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 grandfathered Mr. Wilson's claim. Mr. Keehr, Deputy Building Official, clarified that Mr. Bud Howell, Building Official, addressed that memo to the City'Manager at that time relating to lots on Seacrest. Mr. Howell felt after you take this 7 feet from these properties and if they were conforming prior to that, they should remain grandfathered and should be able to be utilized for that intended purpose. 'However, Mr. Keehr advised that this lot was non-conforming before they had taken the seven feet so it does not fall into this particular category. It was 50 some feet prior, and even at that time, Mr. Keehr said 60 feet was required even for the minimal use. .Mr. Keehr advised that this lot is not grandfathered in. Mr. Weinberg was unfamiliar with the Code that calls for the distance between an existing home and a proposed home and wished to be enlightened. Vice Chairman Thompson replied that it differs in different areas. He believed it was 7-1/2 feet in this particular area and said Mr. Wilson would meet all setbacks. Vice Chairman Thompson said this is the only thing Mr. Wilson needs... There are no other variances needed. Mr..Weinberg confirmed that there would be a distance of 15 feet between the existing house and the proposed house. Vice Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Vice Chairman Thompson asked if anyone wished to speak against granting the variance. Dorian TraUger (Mrs. Walter "Marty" Trauger)', '702 Si W. 28th Avenue, Boynton Beach, bought the property abutting the property at 104_$. W. 4th Aven~ue about three or four years ago. Mrs. Trauger asked Mr. Wilson if he is the owner. She wanted to know what Mr. Wilson wanted to do with the property. Mr. Wilson informed Mrs. Trauger he is applying for a single family dwell- ing. Mrs. Trauger asked Mr. Wilson if he was going to build or if he was a real estate person. Mr. Wilson answered that he is a real estate broker, but he owns the property, and he has not made any plans for the property because he has not found out if he can use it. Mrs. Trauger wanted it understood that someone was just buying the property and did not know what to do with it. Mrs. Trauger stated that she did her homework and had things from Emily Jackson. She continued by saying the owner was originally paid $2,040 for the property that was taken away and because they were not able to use it. Mrs. Trauger understood it could be used for a duplex, which was why she bought it. The real estate person told Mrs. Trauger she could use part of her back- yard for the duplex. Mrs. Trauger said that was so involved. When she went to the Building Department, they said the lot was not worth anything because all she could build was a "long skinny house." -- 3 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Mrs. Trauger had a purchase agreement where she was going to buy the property from Nancy Reid but after she did all this homework, she thought, "Forget that." Mrs. Trauger thought she did not need it, because the lot was not any.good, to her. Mrs. Trauger said it was-fine if Mr.-Wilson builds a house there, but she did not want it infringing on her property-and~did not want anything that close. Mrs. Trauger considered that she was there longer and did her homework. She pointed out that she could have bought that lot too but she chose not to because you cannot build on it unless you have a "long skinny house." Mrs. Trauger preferred that Mr. Wilson stay within the confines. Mrs. Trauger continued by reading the property description from the purchase agreement she had. She also read, "Buyer understands that this lot is zoned R-2 but that the total area of the lot will allow for single family." Mrs. Trauger called attention to the fact that this real estate person knew that a long time ago. She pointed out that it was also on other things from the Board of County Commissioners, and it goes back to Emily Jackson. Mrs. Trauger concluded by saying, "I wo~d just as soonthat it wouldn't extend into my property." Vice Chairman Thompson asked if anyone else wished to speak against the g.ranting of the variance, There was no response. Mr. Wilson wished to speak again. Mr. Wilson stated he was told when he bought the property that the abutting owner was putting in an offer at the same time for the property. He supposed that Mrs. Trauger would have been able to buy it herself. Mr. Wilson remarked that maybe Mrs. Trauger was annoyed at him buying it and paying more for it than she was prepared to do. Regardless of the width of the property, if the house were 80 feet in length, Mr. Wilson said he could still build a single family dwelling within 7~1/2 feet of the sideline, which would not infringe on Mrs~ Trauger's property any more than a large lot would. A "long skinny house" still allows for about a 27-1/2 foot width in the front of the building, -and the lot is 150 foot deep. Mr. Wilson remarked that 27-1/2 foot is not necessarily a "skinny" house. Mr. Slavin asked Mr. Keehr, '."When the application was filed for a building permit, 'was that application for a single family unit or a duplex?" Mr. Keehr answered, "Single family." Mr. Slavin determined that Mr. Wilson only wants to build a single family unit there. Mr. Gordon asked Mr. Wilson if he was building it for his own use or for sale. Mr. Wilson did not know what he was going to do with it now because if he does build something, he could build it for his use or for sale. It is in the future, and.Mr. Wilson said, at this point, he did not know if he was going to be able -- 4 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 to build, so. he could hardly send plans on designing a home to fit the site unless he knew what he was going to be able to do. Mr. Slavin asked Mr. Wilson if he had filed plans to build. Mr. Wilson explained that what he did was make an application for a single family dwelling. When he presented this, it was approved by a certain portion of the City. When Mr. Wilson went to present it to Mrs Tereesa Padgett, City Clerk, she told him she could not accept it that way and that he would have to put on the application that he was applying to build a home. What he was actually applying for was a variance to allow a single family dwelling. Mr. Wilson reiterated that Mrs. Padgett would not accept the application, and it was her ruling that he wanted to build a home. In his original application, Mr. Wilson just said, "Proposed improvements. See survey." He said he was principally more on having the single family zoning allowed. Mr. Keehr informed Mr. Slavin that the application, in.fact, is for a variance to build a single family home. Mr. Slavin noted the property is zoned R-2. He did not know when he looked at it that it was only an application for a variance. In the past, he knew plans were. filed. Mr. Keehr disagreed. He advised that if a man applies for~a permit~and is denied a permit for whatever he may want to construct because of a non-conformity, he at that time immediately stops application and applies for a variance. After the variance is either grante~ or denied, the man then carries forward with his plans, etc. In fact, Mr. Keehr has told applicants not to go into detail with plans because it could be money .spent for naught. Mr. Keehr commented, "Let them apply for what they want to, and they will abide by all of the other regulations required by the City." Mr. Weinberg asked if it :was the Board's~ business to ascertain whether Mr. Wilson intends to build a driveway, garage or what, and where he would put it. He questioned whether it would be within the Board's jurisdiction to ask those questions. Vice Chairman Thompson answered that it really would not make any difference here because Mr. Wilson was going to meet all setbacks, which would include a garage. The only thing Mr. Wilson was ask- ing for was a variance on the frontage of the property. He-will meet all other requirements, and the Building Department will enforce it. Mrs. Trauger informed Mr. Wilson that she was not the one bidding against him. She understood it was a builder bidding at the same time, and he found out he could not build. Vice Chairman Thompson acknowledged the presence of Mayor Elect James R. Warnke in the audience. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Secretary Gordon informed Vice Chairman Thompson that there were no communications. Vice Chairman Thompson responded to a question by Mr. Slavin by answering that Mrs. Trauger's property is next door and to the west of Mr. Wilson's property.. Vice Chairman Thompson commented that the property is landlocked. To deny the request means that the property can never be used and, in a sense, they do not have the right to deny a person the use of his property that he owns as long as he is able to meet all requirements. In this case, Mr. Wilson is meeting all but one, which is the frontage. Mr. Keehr informed Mr. Ampol that exactly seven feet were taken when they went through with Seacrest Boulevard. Vice Chairman Thompson reminded the Members that they were acting on the property and not on the owner of the propertY, the future owner, or the past owner. According to Mr. Keehr, it was not grandfathered in. In looking at the plat, Mr. Weinberg questioned how it was possible that all of the other properties are 50 feet. Mr. ~Keehr explained that this particular subdivision was platted in 1925. At that time and up %o 1962, it was probably still all right to build on it. In 1962, the zoning laws changed in this city, making that complete subdivision non-conforming. However, there were lots of homes built there by then. Every lot that remained was automatically a non-conforming lot insomuch as the zoning laws required now a 6.0 foot frontage rather than 50. The variances started to take hold at that point. Mr. Keehr brought out the fact that our laws still state that a person who has owned one of these non-conforming lots prior to March of 1978 is entitled to use that lot without a variance. He advised that was set by the Councilmen themselves to give people who owned a lot for several years 3ustification . Inasmuch as the lot is very well landlocked., and.in his estimation he would rather look at a new home than an empty lot, Mr. Gordon moved that the variance be granted. Mr. Moore seconded the motion. At the request of Vice Chairman Thompson, Patrieia RamSeyer, Recording Secretary, took a roll call vote on the motion: Mr. Mearns - Aye Mr. Weinberg - Aye Mr. Ampol - Aye Vice Chairman Thompson - Aye Secretary Gordon - Aye Mr. Slavin - Aye Mr. Moore - Aye Motion carried 7-0. -- 6 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Vice Chairman Thompson announced that theBoard must have five in favor to grant a request. He told Mr, Wilson, in his case, there were seven votes in favor of granting his request. The request was qranted. Case #29 Applicant: James Richardson, J'r. Request: Relief from Rear Setback Requirement of 25' to 7.5' Proposed Improvement: Proposed carport Location: 639 South Road Lot 16 - HARBOR ESTATES Recorded in Plat Book 21, Page 98 Palm Beach County records Secretary Gordon read from the application as follows: "Property ms presently zoned: R-1AA Formerly Zoned: R-1AA Denial was made upon existing zoning requirements from which relief is required: R-1AA zoning requires twenty-five foot (25') rear setback. Nature of e~ception or variance required: Owner is requesting the rear setback be reduced to 7.5 feet, therefore, a variance of 17.5 feet will be required." Secretary Gordon referred to question 6 on the application and the six questions, a through f. He read the answers to the six questions as follows: "a. We are unable to get from the car to the house in a rain storm without getting wet, nor can we get into the kitchen with groceries without going thru the living room. b. This condition has existed for years before transfer of title. c. Many of the homes in this sm~ll subdivision (Harbor Estates) have v-~rlances for 'carports and/or porches in similar areas (on the back of their hon~s). d. Other neighbors have a variance .for their similar needs. e. We believe this variance is the minimun variance that will make the home functional -- if the carport is in another area, it will not accomplish the rain problem or the accessibility to the kitchen. f. We believe the granting of this variance will accomplish statement #6." Dr. James S. Richardson, Jr., 639 South Road, Boynton Beach, came forward. He informed the Board that the house is on a small lot with 100 foot frontage. The lot~is 80 foot deep. Dr. Richardson's mother and father lived there since 1953. They did not use an automobile, and they enclosed the carport and made it a Florida room. Dr. Richardson said they would appreciate having - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 a carport to accommodate their, needs. Vice Chairman Thompson noticed on the survey %hat there would be an extension of the carport that goes further west., right behind the part of Dr. Richardson!s house that sort of protudes out to the north. Dr. Richardson informed the Members 'that the carport would be on the north side of the house and, as he understood it, the carport should go no further east than the line of the house. He said therewilt~b~eYa driveway that will end at the house line, where %he carport commences. Mr. Slavin and Vice Chairman Thompson noted that it extended beyond the house. Mr. Keehr pointed it out to Dr. Richardson, and Dr. Richardson said it was in error, as the line cuts off at the house.. Mr. Keehr advised that apparently the sketch Dr. Richardson submitted was in error. He informed the Members that Dr. Richardson said the line stopped at the end. Mr. Keehr said the setback requirements are 12-1/2 feet on the east side of the property. Vice Chairman Thompson indicated something on the blueprint, which Dr. Richardson advised was a little utility room. Mr. Mearns asked if the screened patio was originally a garage when Dr. Richardson's mother and dad owned the property. Dr. Richardson replied, "No." He said the carport entered from South Road. Mr. Keehr explained the plans to the Members of the Board. Mr. Slavin asked if Dr. Richardson would have 37 feet from the northwest drive up to the building line. He was told that was right. Dr. Richardson informed Mr. Slavin that he is living on the property now. Vice Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. Mr. Albert R. Hermanson, 622 South Road, came forward and said almost all of the homes on South Road and North Road have variances. His patio goes 12 feet out to the line, and others go further out. They are not all patios. Some have driveways back there, but Mr. Hermanson said it is an old section of town, and the lots are 100x80. Where everybody has a variance, Mr. Hermanson did not think anybody on the street would say "No" to anybody here. Betty Hermanson (Mrs. Albert-R. Hermanson), 622 South Road, stated that Dr. Richardson and his wife are doing a lovely job . on the home. They have put in all kinds of enhancement. They just fixed the roof, which ms really enhancing the area. If they have the carport, Mrs. He~manson said it will really make it more valuable. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Vice Chairman~Thompson asked if anyone else.~wishedtQ~speakin~favor of granting the variance. There was no response. Secretary Gordon advised that there were no communications. Mr. Slavin observed that ~r. Richardson can build a carport with- out a variance on the east side of the property. He asked Dr. Richardson if there was any specific reason why.he preferred the north side. Dr. Richardson answered it was because he would not be able to get into the kitchen from the east side.without walking out into the rain. If he built the carport on the east side, Dr. Richardson would not be able to solve his problem of getting into. the house without getting wet. This is one reason they wanted to do it. Vice Chairman Thompson mentioned that Mr. Weinberg made a point that the entire area or almost 70~ to 80~ have received variances of some kind or another for an'additional room of some kind'. To deny Dr. Richardson the request, 'it seemed they would be denying him what others are enjoying. Mr. Ampol agreed that a precedent has been set and he could not see denying a variance. Vice Chairman Thompson pointed out that only one thing was stopping Dr. Richardson. He would not have the rear setback, whiCh is what he is asking to be reduced. Vice Chairman Thompson assured Mr. Weinberg that the City has, a~good Building Department, and~ the Inspectors will check it down to the last~thing to see that Dr. Richardson will not exceed what has-been granted by the Board. He said that was why it was important that each member view the property before they come to the meetings so they have some idea of what'it is all about. Mr. Slavin moved to grant the variance to Dr. Richardson, as requested for the following reasons: (1) Practically every house in that area had something done to it (carport, another room). There is nothing they can say is uniform. As Mr. Ampol stated, Mr. Slavin agreed that a precedent ~has'been set. (2) Mr. Slavin could see no reason why the Board should deny Dr. Richardson the right to be more comfOrtable in going about his daily business. Secretary Gordon seconded the motion. A roll call vote was taken on the motion~by Patricia Ramseyer, Recording Secretary, at the request of Vice Chairman Thompson: Mr. Weinberg - Aye Mr. Ampol - Aye Vice Chairman Thompson _ Aye Secretary Gordon - Aye Mr. Slavin - Aye Mr. Moore - Aye Mr. Mearns - Aye Motion carried 7-0. The request was granted. -- 9 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MARCH 14, 1983 Discussion Mr. Ampol heartily congratulated Vice Mayor Elect Carl Zimmerman and COmncilman Elect Nick.Cassandra (former Members of the Board). Everyone applauded. Mr. Weinberg inquired about the procedure for keeping copies of Minutes. He was told that the Board keeps a copy during the course of a year when he asked vice ~Chairman Thompson. Mr. Slavin advised that.the City Clerk's office keeps copies of the Minutes. Members~ of the Board told him it was~ up to him. Mr. Ampol felt it was good to keep them. Vice Chairman Thompson added that Mr. Weinberg'would know' which cases would go before the Court, as some have gone to Court, and it is possible that the Members may be questioned by the attorneys for both sides. The Members reminisced about the Seminars they had last year when Dr. Bartley came here from the University of Florida. They wondered if he would be coming back, as they all felt that they learned a lot. The Members also commented that Mr. Bert Keehr has been very helpful to them. Vice Chairman Thompson told the.new members that if they so desire, they may keep a record of their travel time and the City will reimburse them. However, he said most of the Members by-pass it. ADJOURNMENT As there was no more business to come before the meeting, the meeting was properly adjourned at 7:55 P. M. Respectfully submitted, Patricia Ramseyer ~ Recording Secretary (One Tape) - 10 -