Loading...
Minutes 02-14-83 MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 14, 1983 AT 7:00 P. M. PRESENT Carl Zimmerman, Chairman Bert Keehr, Robert Gordon, Secretary Deputy Building Official Vernon Thompson, Jr., Vice Chairman City of Boynton Beach George Ampol Joseph Moore Paul Slavin Lillian Artis, Alternate ABSENT Leo Grossbard, Alternate (Excused) Chairman Zimmerman called the meeting to order at 7:00 P. M. He introduced the Members of the Board; Lillian Ar%is, Alternate Member; and informed everyone that Leo Grossbard, Alternate Member, was excused because of iilness. Chairman Zimmerman also introduced Bert Keehr, Deputy Building Official, who was there to give the Board technical information, and Patricia Ramseyer, Recording Secretary. He recognized the presence of Councilman Joe deLong and also two candidates for Council, Morton~Goldstein and Nick Cassandra (former Member of the Board of Adjustment). ANNOUNCEMENTS None. COMMUNICATIONS Secretary Gordon advised there was just one~ communication, which was regarding one of.the applications. Chairman Zimmerman said it would be read when the application is reviewed. MINUTES OF JANUARY 10, 1983 Secretary Gordon moved, seconded by Mr. Slavmn, to approve the minutes as presented. Messrs. Moore, Ampol, and Thompson abstained from voting as they were not present at the meeting of January 20, 1983. A vote was taken on the motion, and the motion carrmed 4-0. PUBLIC HEARING PROCEDURE Chairman Zimmerman announced that the Board would take the variances in the order in which they were advertised, which he read. In regard to the public hearing which the Board would hold in connection with each one of the applications, Chairman Zimmerman said the Board follows a definite procedure. BOARD OF ADJUSTMENT _MAtNQ~ES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 First, Chairman Zimmerman said'they would have a summarization of the application by Mr. Gordon, Board Secretary. Then the applicant or his agent would have an opportunity to come to the microphone and further explain~the application and give anything further that he wants to in connection with his case. Chairman Zimmerman advised that the applicant can have a brief rebuttal, if needed, near the close of the public hearing. He stated that any letters that have been received by the Board Secre- tary will be read. Next, anyone in the audience that wants to speak for the approval of the application can.then come to the micro- phone and state their reasons. After that, the Board will hear those that are opposed. Chairman Zimmerman stated that it was good for the folks who do come to the microphone and all of the Board Members to remember the Board is very much limited in making their decisions to the six conditions in Section 10 of the Building Code in reoard to the duties of ~he Board of Adjustment. After the public hearing is closed, Chairman Zimmerman informed the audience that the Board has the duty of sorting out the facts and trying to decide which way to go on the application - either for or against. Chairman Zimmerman continued by saying the applicant is expected, in coming forward, to show what special conditions, circumstances, or hardships exist. Then he is to try to show that the hardship was not caused by the applicant; that the applicant should not be granted any special privileges by this Board; that the Board should not try to deprive the applicant of the rights ~hat other property holders in that district have under the terms of the Ordinance. In granting a variance, Chairman Zimmerman said the Board should only consider the minimum variance that is necessary. Lastly, any changes granted or variances given should be harmonious to the area and not injurious to the public welfare, Chairman Zimmerman advised. Parcel #1 Lots 378, 379, 380, 381, 382, 383 - CHERRY HILLS Recorded in Plat Book 10, Page 64; Palm Beach County Records Request: Relief from 10' side yard setback requirement to 3'6" on four properties Address: 530-532/534-536 N. W. 12th Ave. Applicant: Barry L. Seaman for Palm Beach Housing Authority Secretary Gordon read from the application as follows: "Property is presently zoned: R-2 Formerly Zoned: R-2 Denial was made upon existing zoning requmren~nts from which re- lief is required: R-2 zoninq requires a ten foot (10') side yard setback., - 2 - BOARD OF ~ADJUSTMENT MINUTE,S BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 "Nature of exception or variance required: Applicant is requesting that the side yard setback be reduced to three foot six inches (3'6"). (On all four (4) properties). Name of Applicant: Palm BeachCounty Housing Authority 3432 West 45th Street, West Palm Beach Signature of Applicant /s/BarryL. Seaman" Barry L. Seaman, 3432 West 45th Street, West Palm Beach, came forward. He told Members of the Board one~.important'.factor of the variance he was requesting on the four buildings is that the variance is in between his buildings and not out to an adjacent property owner, where he was reducing the variance he was request- ing. Mr. Seaman said these units are part of a total rehabilita- tion program that was going in the Cherry Hills area at the north end of Boynton Beach. Originally., when they acquired the property, Mr. Seaman said the property was zoned multi-family. This was prior to the Compre- hensive Land Plan. Mr. Seaman informed Members of the Board that they have been working on this for many years. The Comprehensive Land Plan was~.changed to R~2, so they-.had to redesign their initial concept of these buildings. Mr. Seaman said they need to have additional square footage in each one in order to meet their HUD minimum property standards and meet their rehabilitation pro- gram over there, which is one of the most important things. A part of what Mr. Seaman wanted to show'the Board tonight was where they came from and what they started with, and the properties that they bought over there. Mr. Seaman asked if anyone had been in Cherry Hills to see what it looks like over there. Chairman Zimmerman thought most of the Members had, He knew he had been over there. Mr. Seaman said they originally walked in there and acquired eighty units, representing mostly one bedroom units with families of up to ten people living in one bedroom. Through their rehabilitation program, Mr. Seaman said they will reduce that density down to 38 units, creating two 3 bedroom, 2 bath duplexes. He showed two bedroom duplexes, which will stay two.bedroom, duplexes, so they were not increasing the density in any way on the units they were speaking of. Mr. Seaman showed the four units they were talking about right now and the units they acquired. Originally, he said each one of the units were two one bedroom units in the Cherry Hills area (12th and 13th). What they did over there was basi~cally take two of the units, connect them together, put an extra bedroom and bath, and they made a three bedroom, two bath unit out of each side instead of four one bedroom units. Chairman Zimmerman asked what Avenue that was on. Mr. Seaman answered that it was on 12th. Basically, they face on 12th and 13th Avenues, 'both'~iin the 400 block and the 500 block of these two streets, Mr. Seaman added. - 3 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Mr. Ampol asked if it was all CBS ~anstruction. Mr. Seaman replied, "Yes." Mr. Se~aman showed some of~the "finished products" or ones they finished over there. He pointed out that it has made a "terrific" impact in that area, both in living conditions and every- thing else. What they are doing here, Mr. Seaman told the Board, is continuing the revitalization of the total neighborhood With the request they are asking for. Chairman Zimmerman noted that their plan here was a little different than any of the others. Mr. Seaman explained it was because these they could connect together and make duplexes out of them. A few already have duplexes, but Mr. Seaman said he needs to add some additional square footage to meet their requirement to put them under the program. He thought the important part was that the variances are between the buildings and not out to adjacent property owners on the variance. Mr. Seaman said they were asking none on that side of their bUildings, so it was all within. At one time, Mr. Seaman said he came in and got a variance on two units he indicated to the Board Members~ where they added additional living space. He said it was about 1-1/2 years ago. Basically, Mr. Seaman said they would be doing the same thing, taking the building and adding some additional things to the inside of their two duplexes. As of right now, Mr. Seaman informed the Board Members the~-Housing Authority has~expended~,~2..6Million. Dolla~s in CherryHills and the north end of Boynton Beach in rehabilitating homes over there. According to their drawings, Chairman Zimmerman asked if they had enough square footage as far as government requirements to get the loan. Mr. Seaman answered that they already have the loan, because they have had it, but he explained that he needs the square footage mn order to finish his plans and put it out for bid. Chairman Zimmerman asked, "~And· have your plans approved?" Mr. Seaman answered, "Yes." Mr. Ampol asked how many buildings they were planning. Mr. Seaman informed him that the buildings are already existing. Mr. Ampol meant renovating. Mr. Seaman advised there would be four duplexes, or eight units. Secretary Gordon asked if the five cinder block shelters that are up there now were the buildings. Mr. Seaman answered, "Yes." Secre- tary Gordon asked if they were going to be'demolished. Mr. Seaman replied, "No. They are the buildings." He showed plan~ and added, 'Just like these were the buildings that we started with, and this is what we are ending up with." Someone commented, "Quite an improvement~' Mr. Seaman told the Board Members they looked at the Cherry Hills area. Due to the zoning, they really could not tear the buildings down and do new construction because you had a 66'x100', or 6,000 - 4 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 square feet. That ~would totally wipe out any decent rental that you could put in for housing over there and' make it affordable for the tenants to pay for. Mr'. Seaman stated that they had to go mn under the grandfather and do "rehab" on most of them, at. the .~same tim~ keeping in mind that it ~was to try and create decent housing and yet reduce density, which they have. Vice Chairman Thompson recalled this was a special case. As a p~erson familiar with this, it seemed to him that special privileges were given to this which, in Vice Chairman Thompson's personal opinion, should not' have been. He knew of nowhere in Boynton where the City would allow demolishing of the whole neighborhood and starting "from scratch." Granted, they' could not ~have known, and they ~were asking now for 3.6 abutting property, which is a full step. Vice Chairman Thompson called attention to the fact it is cloSe. He recollected he sat on the Board and voted in favor of changing two of those units where he connected the two of them together. Now, Vice Chairman Thompson noted, Mr. Seaman was ask- ing that they have separate units and let it stand at 3.6 separating them, which is totally different than the connecting of two build- ings which were four apartments and making them two. That way, Vice Chairman Thompson pointed out they created more space but here, he could not see where the improvement is. Vice Chairman Thompson did not see an improvement. Mr. Seaman stated that the improvement was there. He told Members of the Board he did not need a variance on all of the work there. Connecting the two together fell within the Code, so no variance was given on any of those connecting the two buildings together. Mr. Seaman said he met all of those criteria ~f through the Building Department., building permits, and everything else. Chairman Zimmerman recalled Mr. Seaman was before the Board once before asking to join two duplexes into a four unit-multi-family setup, and the Board turned it down on the basis of the zoning. Mr. Seaman interrupted to say he went before the Zoning but was never befOre this Board to ask for the connecting of duplexes. Mr. Slavin thought that before, somebody came before the Board under the guise of being from HUD. Subsequently, Members of the Board found out it was a private developer who had an entry into HUD to get money or use HUD's money to build and had these as rental units. He recalled this happened.! about a year or so ago. Secretary Gordon remembered it was Mr. Auslander. Mr. Slavin agreed that it was Mr. Auslander. He believed it was a private builder, and he had some connection with HUD. He asked Mr. Seaman if he was right. Mr. Seaman answered, "Yes.' Chairman Zimmerman ascertained that Mr. Seaman had not been before this Board but had been before the Planning and Zoning Board. Mr. Seaman explained that he went before the Planning and Zoning Board based on that original concept back in 1978. He said it was R-3 or - 5 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 multi-family. When they acquired the property, Mr. Seaman said everything was fine.. They could do what they wanted to do back then. In the meantime, the Comprehensive Land Plan became effective, which changed their whole concept. Mr. Seaman told the Board Members they had to back up and redesign their total package. If you look at the drawing iq'self with the four units the way they are setting on the property, Mr. Seaman reiterated that his variance was between his two buildings to get the additional square footage. If he was going to take those four..units and he was add- ing that little additional square footage in between the two together and these two together; Mr. Seaman showed what he would end up with for the Cherry Hills area. He thought it was very important for that area. If he cannot do it, .Mr. Seaman told the Board Members that area would lose eight two bedroom units that are desperately needed. Chairman Zimmerman pointed out t.hat there ~was a little conflict between Mr. Seaman's application and the drawing. In the appli- cation, he was asking for a 3'6" variance, or reducing the side setback to 3'6", which Chairman Zimmerman said varies on each one of the four buildings. He admitted it was not a great variance but added that there is a variation on each one of the buildings. Chairman Zimmerman asked how they could overcome that. Mr. Seaman replied, "Surveys." He advised that each one of them will meet the surveys, the way their buildings are drawn, other than the one Mr. Keehr just pointed out to him where he might have to extend the building. He showed Members of the Board.what he meant, and said the architect was a little bit off on it. Chairman Zimmerman noted that Mr. Seaman would hold it to the 3'6" on each one rather than what is on the d.rawing. Mr Seaman replied, "Yes. Definitely." Chairman Zimmerman said Mr. Seaman wanted to lengthen the addition to get the square footage they need instead of varying the depth of the addition. Mr. Seaman said that was corre ct. Mr. Keehr, Deputy Building Official, advised that this would be required because of the advertising. Vice Chairman Thompson commented that it was the criteria they had to base their decision on. He said a special decision has been given already to the property in question. Vice Chairman Thompson knew of no cases in the City of Boynton Beach where houses are so congested. He said this would not be allowed to take place in the first place. That, right there, is a special privilege that was once granted already, Vice Chairman Thompson pointed out. Chairman Zimmerman called attention to the fact that there are several conditions existing here that, to some extent, are grand- fathered in. He believed the lot frontage was not according to the present day Code. The lot overall area is not according to Code. The minimum square foot area is not according to the present - 6 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA 'FEBRUARY 14, 1983 Code for R-2; the front setback is not, and the other side setbacks are not. Chairman Zimmerman said they are legal non,conforming conditions. Mr. Seaman was aware of what Chairman Zimmerman was saying and agreed. He informed Members of'the Board that the City was the one that invited them in to do the renovation for them. The City picked the area to renovate. Mr.'Seaman said they went out and acquired the properties, based on the fact that the Building Department was working with them. The Planning Department was working with them and everything else, and they acquired all of these properties to renovate that area. Mr. Seaman said all of these facts were known on what they were going to try to do over there. He reminded them that this has been-a long time, since 1978, to renovate this area. Mr. Seaman took excePtion to.not spot zoning his original request. He said he was told he could hook them together to start with way back when they first acquired them. Mr. Seaman stated that they regrouped to come up with another concePt'an~t~-i~to stay as close within all of the guide'lines ~a~?the!~.'.~ 'wanted to see. Vice Chairman Thompson noted the property was R-2 since 1975; yet they had that limited bit of space of 543 square feet, which does not meet the City Code. He said it takes 750 square feet to meet the City Code. Mr. Keehr told Vice Chairman Thompson he had to realize that this is an existing situation. Although it is non- conforming, what Mr~ Seaman is proposing to do is improve,on this non-conformance, which the City does allow~ What Mr. Keehr was saying was what is there is legally non-co.nforming. He said the City would not allow him to make it more non-conforming (in other words, decrease the size), but Mir. Seaman can add to it as he pro- posed to do, and that is legal. Mr. Keehr advised that where the legality comes in is in the setbacks. He said the 543 does meet the Minimum Housing Code of the City. When you are talking about' R-2, Mr. Keehr said you are talking about 750 feet per unit. Vice Chairman Thompson, to make sure he understood what Mr. Keehr was saying, called attention to the fact that under R-2, they are talking about 750 square feet. He pointed out that.'this is R-2, always was R-2, and was always 543 square feet. Mr. Keehr agreed that is correct but informed Vice Chairman Thompson that these duplexes wer. e built in 1959. Mr. Keehr did not know the criteria in 1959 for the square foot requirements for a duplex. He did not even know if it was zoned R~2 in 1959, as his map only went back to 1962. Mr. Keehr said they could very well have been zoned R-3 at the time, which he believed Mr. Barry Seaman knew. Mr. Keehr did not know, as he had no records that would give him that infor- mation. Mr. Ampol asked, "Because this construction was completed in 1959, it made it legal non-conforming?" Mr. Keehr answered, 'That is correct." Mrs. Artis asked Mr. Seaman if he was putting units closer together. - 7 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Mr. Seaman answered, "No. The units are basically staying just like they are. In other words, the little additional space that you put here is added to the living room area to make an entrance way into it. It meets the HUD minimum property standards- We are actually including a little more living space in each unit. ' Mrs. Artis determined they were actually going to be closer together. Chairman Zimmerman replied, "Yes. Right there, where those small additions are being added." Mr. Seaman said they are designed in such a way where they are closer together; there will be no windows to keep away from the noise factor from one unit to the other. He said they would be putting the doorways adjacent and he showed how they woUld be. In any of these buildings, Mr. Seaman said they try to take into consideration the peace and enjoyment of any tenant living in there. If they do not, Mr. Seaman repeated that the area will lose eight units. Mrs. Artis asked about the doors. Mr. Seaman told her the doors are facing out to the-sides each way. Chairman Zimmerman added, "Some east, and some west." He said one building will have it on the east, and the adjoining building will have it on the west. Chairman Zimmerman said the doors will be facing each other, actually, except they will be staggered. Mr. Seaman indicated the end where ~they would make the doors so they would not be facing out with each other, a solid wall to take down the noise factor, and wher~-~the~'would'.put the walkway. Mr. Seaman showed the buildings where they added all of the living space. Mrs. Artis was wondering about putting them so close together. Mr. Seaman said it was no closer together than if you loOk at a lot of duplexes and the way they are designed. He said they have apartments where you have doorways like that with a common wall between them. Mr. Seaman stated that they are conscious of the sound factors and everything else. He also said they are conscious that the housing over there is desperately needed, especially the two bedrooms, because most of what they have designed so far have been three bedrooms and they have a lot of smaller families that they cannot house. Secretary Gordon observed that all of the conversation has been on four buildings. He asked, "What about the fifth?" Mr. Seaman informed him there are only four. Chairman Zimmerman clarified that the one at the end is occupied now. Mr. Seaman reiterated that they are asking for no variance between their buildings and any adjoining property. They are only asking for a variance between their units in order to design it properly. Mrs. Artis asked if they were planning a courtyard. Mr. Seaman answered, "Yes. There will be a courtyard just like these other ones designed around them." Mr. Slavin asked if Mr. Seaman mentioned that the setback would only affect these four buildings. In other words, Mr. Slavin questioned how close these four buildings would be to any existing structure. - 8 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Mr. Seaman answered that they would not be any closer~ to any outside structure at all. What Mr. Slavin was' trying to determine (although he saw the buildings and everything else) was what can be done around it, if anything. Mr. Seaman could not tell him what could be done on both sides because he did not own that property. Mr. Slavin asked Mr. Seaman if he was saying he was speaking for the County. Mr. Seaman replied, "Yes." By the same token, Mr. Slavin pointed out that if people alongside of th~se lots may want to build and may not have the room to build duplexes, and 'if the Board grants Mr. Seaman a variance, they must grant the people a variance becaUse, after all, the Board cannot have any special privileges. Mr. Seaman understood what Mr. Slavin was saying. He commented that Cherry Hills is a very unique, area to. start with because most of that whole area is all platted in 25 foot lots. Most of the building lots over there, unless they are grandfathered, cannot be built on to start with because theyiare n~derthe City's minimum Code. Mr. Slavin said that was the problem.. Mr. Seaman explained that what they did was go over and acquire additional lots over there next to their other properties. He said they were acquiring 25 foot lots and another one that. is almost 60 foot, and they are turning them into green areas. Mr. Seaman emphasized that their whole concept was to renovate the Cherry Hills area and make it a decent place to live. The way Chairman Zimmerman' underStood it, they had the four build- ings on six lots. The lots were divided to give a little more square footage whenthey~we~originally built years ago. Mr. Seaman did not know what they had in their minds years ago when they built. He assured Chairman Zimmerman that they were not changing that configuration at all~ Chairman Zimmerman continued by saying to the west, there is an existing duplex which is occupied. To the east, there is a multi-family unit. Mr~ Seaman informed him there is a 50 foot lot. Chairman Zimmerman remarked, "Oh, there is a vacant lot in there?" Mr. Seaman replied, "Yes." He said it was a 50 foot lot (two 25 foot lots) and then there is a two story multi-family building. Chairman Zimmerman asked if they had acquired this vacant lot. Mr. Seaman answered, "Not yet. We are looking at lots that we can acquire." Chairman Zimmerman thought maybe Mr. Slavin was asking about that vacant lot there. Mr. Seaman told Members of the Board he could not say anything to that now-other than they are acquiring some an'd looking into it. HUD is the ultimate decision on what Mr. Seaman can acquire in his budget also. Chairman Zimmerman commented that of course, that was something they had to consider. Mr~ Slavin asked who was financing this project - HUD or Palm Beach County. Mr. Seaman answered, "HUD" He said they borrowed the money from HUD, which they will pay back over a period of four years. Chairman Zimmerman believed that was enough discussion and told Mr. Seaman he would have an opportunity to come back. Secretary Gordon advised that there were no communications for or against the application. -- 9 -- BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Chairman Zimmerman asked if anyone in the audience wished to speak in favor of the variance. There was no response. He asked if anyone was opposed to the granting of the variance. There was no response. Mr. Seaman had nothing further to say. THE PUBLIC HEARING WAS CLOSED. Vice Chairman Thompson guessed this was supposed to represent a hardship. Sometimes in trying to eliminate, Vice Chairman Thompson thought they created hardships. Here is one where those in authority were trying to eliminate, and Vice Chairman Thompson thought they created a hardship or will in the future, Since this did not change zones, he thought the Members .of the Board should make sure there is.a renovation, and~,.he ~asked Mr~ Keehr what percentage of the property it should be. Mr. Keehr advised it has to be at least 50~. Vice Chairman Thompson stated if.it reaches that point, then it would not have to comply with the present zoning,, and the present zoning, after the Board passes on it, is still R-2. Personally, Vice Chairman Thompson could not see how that could be a hardship and stated that it is not a hardship because the hard- ship here would create a hardship on the other property owners, which could ask for the same privilege. At the same time, as was pointed out, Vice Chairman Thompson called attention to the fact that Mr. Seaman might acquire the adjacent property. If so, he might ask for the same privileges on that one. Vice Chairman Thompson felt it was something that should not have ~been allowed. Now that it has taken place, he admitted they could not change that part of it, but it should not have been allowed in the first place. Vice Chairman Thompson did not think Palm Beach Housing Authority had really a hardship. Mr. Slavin pointed out that there are four buildings up now, and. when the plans were originally submitted to Mr.. Keehr's department, permits must have been issued to build. Mr. Keehr informed him that they were issued in .1959. Mr. Slavin exclaimed, "To build these four units?" Mr. Keehr said 'that was right. Chairman Zimmerman admitted they did not have much of a Building Department then but they did issue permits. Mr. Keehr 'informed Members of the Board tha~ he actually has drawings on record. If these premises originated in 1959, Mr. Stavin did not know what the Codes were then and, by Mr. Keehr's own statement, he did not know.what was existing then. Mr. Slavin determined that it may be what Mr. Seaman was asking for may have been proper then. Mr. Keehr said one thing is for certain; in 1959, these four duplexes were legally permitted. Mr. Slavin asked, "Including the setbacks as outlined?" Mr. Keehr answered, "Yes sir. ' Mr. Slavin asked Mr. Keehr if he would say this was grandfathered in. Mr. Keehr replied, "Without question." Mr. Keehr referred to the question Vice Chairman Thompson asked him relating to percentages. In the standard Code, .he said the City required 50~ to bring it up to Code. In the zoning regulations, in order to condemn or rebuild a nonconforming structure to conform, Mr. Keehr said it is 70~. He wanted to bring it out that there is - 10 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 a difference mn percentage. Chairman Zimmerman asked Mr. Keehr if he knew about what percentage was being renovated here. Mr. Keehr estimated that perhaps they were getting~close to 35~ or 40~. He added that it was hard for him to put a figure.~ .Chairman Zimmerman pointed out that the roof and wal~ls were~l, going to stay the way they are. Mr. Slavin called attention to the fact they were talking about renovation, and this,i~s~ new construction. Mr. Keehr disagreed, saying it ~£~ renovation. Chairman Zimmerman reiterated that the foundation, roof and walls remain "as is." He said there would be new additions put on, and new windows, plumbing, and every- thing else has to be supplied. Secretary Gordon recalled he asked Mr. Seaman that question, and Mr. Seaman had said, "Yes. CBS renovation." Secretary Gordon asked if there was any landscaping connected with this. Mr. Seaman said they were being completely sodded, sprinkler systems are being put in, and a privacy fence is going up. He said it will be completely landscaped with sidewalks and parking. Even the trash container in front will be hidden behind the privacy screen. It sounded good to Chairman Zimmerman. He noticed that the units that they had renovated up to now show those improvements. Mr. Seaman pointed out that they talked about whether this would Set a precedent and the Board would have to give other owners the oppor- tunity for a setback. He said if they would go back and check their records, there have been othem setbacks in the Cherry Hills area that were granted, so the precedent was already set in terms of whether someone is entitled to it or not. Chairman Zimmerman said the Board Members still had to determine whether actually there is an existing hardship that this variance will help correct. He thought that was the problem Vice Chairman Thompson had. Mr. Seaman felt the hardship was that if the variance was not granted, the units would not get renovated. He said he had the money to do so, and it had nothing to do with dollars and cents as to whether he could renovate them or not. Chairman Zimmerman said Mr. Seaman owns them and has to make use of them in some way. Mr. Seaman agreed and said without the variance, he cannot renovate them, which certainly creates a hard- ship. Chairman Zimmerman asked Mr. Seaman if he intended to leave them stand.that way. Mr. Seaman said he wo~ld have no other choice. He said he asked for the minimum that he could get by with. Mr. Ampol asked if it would be under the supervision of the Build- ing Department when the renovation is under construction so that it will meet the Building Department specifications. Mr. Keehr answered, "Yes sir. The Building Department will make their normal inspections." - 11 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Mr. Slavin noted that all of this'now is not' conforming, yet 25 or 26 years ago, these units coUld~ve3been,~ilt, and there would have been no problem. He asked who created %he hardship. 'Vice Chair- man Thompson said 'it was created by those mn authority in the City government by platting it at 25 feet or granting them permission to build. It was not the fault of Mr. Seaman or the City's present Building Department. However, Vice Chairman Thompson said the Board Members had a responsibility under the presen~ Code. The present Code will not allow it. He said the Board Members do have that responsibility, to see that things built in this City or renovated to a certain degree meet the present Code. Vice. Chairman Thompson told the Members they cannot get away from that. Vice Chairman Thompson recalled that they said the property was bought after 1975, which means Mr. Seaman bought a problem. It was not the City's doing for him to buy the property, nor was it anyone else's but Mr. Seaman's doings. After. 1979 or whenever he bought it, Vice Chairman Thompson was saying Mr. Seaman should have been allowed to renovate it under the present R-2 zone because they have their present Code now, which took place in 1975, four years before he purchased the property. All they were doing was enhancing the problem more and more, Vice Chairman Thompson told the Members. He added, "from year to year until it runs out. Where is 'it going to stop?" Chairman Zimmerman observed that the improvement was not of a character that Vice Chairman Thompson thought was necessary to meet the present Code. At the same time, Mr. Seaman noted that Vice Chairman Thompson was saying that when he (Mr. Seaman) bought the properties in 1979, he bought his own problem. Prior to buying them, Mr. Seaman got in touch with both the City Council, Building Department, and everything else~ to see if they would meet the Code and if the City would allow it. He said their answer was "Yes,''~ so it was bought under those conditions, that the City was going to allow all of this. Mr. Seaman said they bought in good faith to renovate what the City wanted done to start with, so they did buy them under-good faith that everybody would work and renovate that neighborhood. He called attention to the fact that the City has an existing condition over there, and it is just going to sit and deteriorate. Now.the City has an opportunity to bring it back to some kind of decent living order for the people living over there. No developer is going to walk into Cherry Hills and renovate it, Mr. Seaman told Members of the Board. "It is not going to happen." Mr. Seaman thought it created a definite hardship on the people living there and said the City needs to have decent housing over there. Mr. Seaman thought what they put together and what they are doing met all of the criterias. He told the Members they are meeting the City's requirements. It is not more than 50~ of renovation, as they are already existing. With slum land, Mr. Seaman said you can go back in there, buy the things, throw them together, put - 12 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 doors on it, 'create anotheri,~.Slnm, and still meet the Code. Mr. Seaman said they were trying to do somethi~ng that would not let that happen with what they have. If you renovate them just like they are, Mr. Seaman pointed out they would have another slum. He said they are trying to eliminate this. Chairman Zimmerman asked if the units would be rented out. Mr. Seaman informed him that they are rented and maintained by the Palm Beach County Housing Authority maintenance crews to keep them in good shape. Chairman Zimmerman thought that was very important. According to the transfer of title, Mr. Slavin saw that 41 lots were involved originally. .Now they are talking of six. He asked what happened to the other 35 lots. that are scattered around the area. Mr. Seaman answered t~hat all of the lots~.~they bought are renovated. Mr. Slavin asked if he meant this is all that is left. Mrs. Seaman replied., "Yes. This is my last phase to complete the work in that area.' He said they started since 1979 and the talk- lng stage since 1977. Mr. Slavin noted the transfer of title stated ·-. 1980. Mr. Seaman advised that was when they actually acquired the property. Mr. Ampol expressed that from what he saw on the pictures, it was a great improvement to Cherry Hills, and he knew the City needs some decent housing in that area. Due to the fact there was a legal nonconforming project up there, Mr. Ampol did not think the Board should punish Mr' Seaman. Mr. Ampol made a motion to grant the variance, seconded by Mr Moore. ' Chairman Zimmerman forgot to mention before that in granting a variance, according i%o the Code, the Board needs five affirmative votes in order to carry the variance (5 out of 7 votes is required) . A roll call vote was taken by Patricia Ramseyer, .Recording Secre- tary, at the request of Chairman Z-immerman: Mrs. Artis - Aye (Although Mrs. Artis had mixed emotions, she voted ' Aye". ) Vice Chairman Thompson _ No Chairman Zimmerman _ Aye Mr. Ampol - Aye Secretary Gordon _ Aye Mr. Slavin - Aye Mr. Moore _ Aye Although Mr. Slavin agreed with Vice Chairman Thompson that all they were doing was complicating the situation, .he said when you weigh the various factors involved.here, there is an opportunity to provide better housing that is sorely needed. The motion carried 6-1, and the variance was granted. - 13- BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Parcel #2 Lots 25 & 26, Block 7, BOYNTON HEIGHTS ADDITION REVISED PLAT, recorded in Plat Book 10, Page 64, Palm Beach County Records Request: Relief from lot area requirement of 7500 sq. ft. to 6,000 sq. ft. and relief from lot width requirement of 60' to 50 ' for permitted usage within zoning category Address: 215 W. Ocean Ave. Applicant: David R. & Iris M. Gerkens Secretary Gordon read from the application as follows: "Property involved is described as follows: Lots 25 and 26, Boynton Heights A~dition- Revised Plat, Block 7, Plat Book 10, Page 64 Property Address 215 W. Ocean Ave. Property ms presently zoned: R-1-A Formerly Zoned: R-1 Denial was made upon existing zoning requirements from which relief is required: R-1-A zoning requires minimum lot area of 7,500 sq. ft. and minimum lot frontage of 60 ft. Nature of exception or variance required: Mininum Lot Area = 7500 sq. ft. - The variance calls for 6,000 sq. ft. A variance of 1500 sq. ft. will be required. Minimum Lot Width = 60 feet - The variance calls for 50 feet A variance of 10 ft. will be required Name of Applicant: David R. and Iris M. Gerkens 403 N. W. 32nd Court, Apt. 203 Pompano Beach, Florida 33064" Chairman Zimmerman noted there were two variances in this one application for the same property. David R. Gerkens, 403 N. W. 32nd Court, Apt. 203, Pompano Beach, Florida 33064, the applicant, told Members of the Board there was no additional ground available from which to try to purchase the width which is required for the area. There is an existing house on each side. Other than that, Mr. Gerkens thought everything else was more or less spelled out in the application. Chairman Zimmerman observed that in the site plan, Mr. Gerkens has a garage or carport sitting at an angle in the front yard. He asked Mr. Gerkens whether it was a garage or carport. Mr. Ge.rkens had not yet decided whether it is a carport. He explained the reason he had it angled was because of the minimum side yard. Mr. Gerkens said he would have to angle it in order to make use of it to get a car in there. He pointed out that turning it like at 90° is not enough room. Chairman Zimmerman noted that it seemed to fit on there. Chairman Zimmerman commented that it appeared to be landlocked. He said there is an alley in the rear. Mr. Keehr called attention to one piece of information the Secretary should read pertaining to the lot, which came by telephone this afternoon. - 14 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 'Secretary Gordon read: " es ' Agn M...Clarity, 1319 DeSota Drive, Pacifia, California called at 2:40 .P.M., February 14, 1983 and voiced an objection to the application because her aunt is senile. She was switched over to Bert Keehr. She wants a copy of the Minutes When they are finished and a copy of the contract. Betty (Betty Boroni, City Clerk) will send a copy of the contract tomorrow (February 15, 1983)." Mr. Slavin did not know what legal bearing this had to the problem before the Board. He felt it was a little bit late if Mrs. Clarity was referring to the Seller, Agnes M. Dillmann, ahd if Mrs. Clarity wants copies of the Board's Minutes and.a copy of the contract. Mr. Slavin did not know if the Members of the Board could legally proceed with this. In other words, whatever the Board Members do left or right, Mr. Slavin Warned they may be slapped with a lawsuit or what have you. He asked Mr. Keehr if, in his experience, anything like this has ever come up before. Mr. Keehr replied, "No sir, but a telephone call would not constitute any type of legal meaning to halt any meetings." He clarified that it was brought up as the City felt it was necessary to bring up all information pertaining to a variance. Mr. Keehr believed it was a personal matter that the Board should not get involved with. Mr. Slavin agreed. Mr. Ampol believed it should come in the category of an unsigned letter. He said there was no legality whatsoever to a telephone call, and he did not know why Mrs. Clarity should come in at such a late date asking for a contract. Chairman-Zimmerman stated that all the Board was concerned with now was that it gets into the Minutes. He said her interest was no more than someone in the audience coming up to speak against it or that they would receive in a letter. Chair- man Zimmerman told the Members they should consider what reasons Mrs. Clarity gave, which were very brief. He did not really know that Mrs. Clarity stated a reason. Mr. Slavin said the reason Mrs. Clarity gives is that she claims her aunt ls. senile. Chairman Zimmerman did. not think 'it made much sense. Mr. Slavmn again asked if that would affect Members of the Board. He was projecting into the future, for the sake of argument, if this comes up before a Court of law. Mr. Slavin called attention to the fact that Mrs. Clarity is Mrs. Dillmann's niece, and she called from California. If everything Mrs. Clarity claims is proven, Mr. Slavin asked what the contract between Mr. and Mrs. Gerkens and Mrs. Dillmann ,i'S worth. He acknowledged that was their problem and not the Board's but said the Board did not want to be caught in the middle of this thing. Vice Chairman Thompson advised that the variance hearing is on the property, not on the contract. Chairman Zimmerman felt the Bo---ard was in its rights to continue and this has been recorded in the Minutes. Secretary Gordon reminded Chairman Zimmerman that it has always been the policy of the Board to read every communication that ever-comes in. - 15 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 For his information, Mr. Gerkens asked who the phone call was from. Secretary Gordon furnished him with the information. Mr. Gerkens asked if Mrs. Clarity claims she is a niece of Mrs. Dillmann. Secretary Gordon said she must be, because she said "her aunt" Mr. Gerkens informed Members of the Board that the contract was handled through a Realtor, who happened to be in the audience. He thought maybe she would know something about it and the Members of the Board may want to ask her. Mr. Ampol wanted to make a motion to disregard any telephone calls. Chairman Zimmerman and Members of ~the Board agreed the Board is obligated to listen to anyone in the audience and also to have any other communications in the Minutes. He thought, in most instances, telephone calls fitted into~the same category. Chairman Zimmerman said it was the important thing to get them into the Minutes. Chairman Zimmerman told Mr. Gerkens he would be given a chance for rebuttal later on. Chairman Zimmerman asked if anyone wished to speak in favor of granting the variances. Mickie Wynn, Mickie Wynn Realty, stated that her office is on the Federal Highway, opposite the Flagship Ban~k. She sold the property to Mr. Gerkens. Before she sold the property, she took the seller to Charlie Adams, Attorney in Delray. He questioned Mrs. Dillmann and declared her competent. Because of her age, Mrs. Wynn told the Members of the Board she would not list the property until she knew Mrs. Dillmann had been declared competent by an attorney. The property was sold, and Mrs. Wynn informed the Board that Mrs. Dillmann went to Phillip T. Crenshaw, At.torney at Law, Lake Worth, and signed the sales contract. Ms. Wynn emphasized that there is no question about Mrs. Dillmann being senile or incompetent. Ms. Wynn said she knew the circumstances. The niece came from California when she first learned the property was on the market, caused quite a disturbance in the home, .so she was asked to leave. Secretary Gordon said this was not relating to the Board's problem. Chairman Zimmerman said someone did have a question about it, and the Members were all satisfied now, .so Ms. Wynn would not have to explain it any further. Mr. Slavin said the fact that Mrs. Dillmann went to an attorney and the attorney certified her as being competent would never !'~.hold water" inca court of law. He thought all of this should be stricken from the record. Mr. Slavin thought the Board should work on what they have to. Ms. Wynn did not want any dissention. Chairman Zimmerman told her the Board would be glad to hear any reasons Ms. Wynn could see that would show that there is a hardship here or anything she might have on the questions the Board makes their determinations on. - 16 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 The only hardship Ms. Wynn could see in this case would be for the owner of the lot not being allowed to build on it. When that street was plotted, Ms. Wynn said the lots were all plotted on 25 foot lots, and the houses on that 'side of the street are on two 25 foot lots. Ms. Wynn assumed the houses on both sides of most of the~stre~et were but she had not checked it out, but down to Seacrest on that particular street, on the north side of %he street, she said the houses are on 50 foot lots. Ms. Wynn said another owner was here tonight who has the house on the other side of that lot, and there has been no objection from him to building. Ms. Wynn could not see any reason why the Gerkens could not utilize that lot with the number of footage they are planning to put into that house. Chairman Zimmerman agreed that it seemed to present a hard- ship. Ms. Wynn said it was no hardship to the neighborhood but it is to the lot owner'who wants to utilize his own property. Joseph Marotta, 225 West Ocean Avenue, Boynton Beach, informed Members of the Board that he lives two houses away west of this particular vacant lot and on the same side of the street. He had no objections to having a variance granted to Mr. and Mrs. Gerkens. Mr. Marotta thought it would be an improvement to the neighborhood and said they would be Very happy to have them. Chairman Zimmerman asked if anyone else wished to speak in favor of the variance. There was no response. He asked if anyone was opposed to the granting of the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Chairman Thompson thought, they had a clearcut case, wherein this property is landlocked; there is no additional property. The hardship is that the Board cannot, as they know under State law, deny any person the use of their property. If they deny it, Vice Chairman Thompson said that would be exactly what they would be doing because it is a hardship because of that. Secretary Gordon asked Mr. Gerkens if the home he intended build- ing would be for his own use or if it would be rented out. Mr. Gerkens replied, "For our own~use." Vice Chairman Thompson moved to grant the request, as applied for, based on the fact that a hardship exists; there is no available land, and the Board cannot, under the State law, deny a person the right of the use of his property. Secretary Gordon seconded the motion. At the request of Chairman Zimmerman, a roll call vote was taken by Mrs. Ramseyer, Recording Secretary: Vice Chairman Thompson _ Aye Chairman Zimmerman _ Aye Mr. Ampol - Aye Secretary Gordon _ Mr. Slavin Aye - Aye - 17 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 Mr. Moore - Aye Mrs. Artis ~ Aye Motion carried 7-0. The variances were granted. Parcel ~3 Ail that part of the E½ of the NE~ lying W of DiXie Hwy (US 1) less the N 40.'; E 150' of S 150' of the N 180'; and the S 1910', Section 33, Township 45 S, Range 43 E. Subject to easements and R/Ws of record Request: Relief of 20' front setback requirement to 7'7" ~ for proposed edge of new canopy Address: 1625 S. Federal Hwy. Sunshine Square Shopping Center Applicant: Itamar Goldenhol~.z, Agent for The Building Co. Secretary Gordon read from the application as follows: 'This is described as Sunshine Square Shoppinq .Center, 1625 South Federal Highway (Woolbright & U. S. 1) Property is presently zoned: C-3 Formerly zoned: C-1 C-3 zoninq requires a min~- ~ront setback of 20'- Nature of exception or variance required: Proposed edge of new canopy front yard setback to be 7' 7" ~, pro~sed supDortinq colu~as front yard setback to be 14' 7"+. A variance of 12' 5" will be required. -- Name of Applicant: Itamar J. ~oldenholz, Architect, Goldenholz-Fischer Architects, PA 800 W Cypress Creek Road, Suite 510 Fort Lauderdale, Florida 33309" Mr. Itamar Goldenholz, Architect, Goldenholz-Fischer Architects, thought most of the Members of the Board were familiar with what they have been working on for the last year and a half and that was the renovation of the existing Sunshine Square Shopping Center. He said the existing bank sits as part of the total shopping center, which they have now. On .their-original application for the .renovation of ~he shopping center, Mr. Goldenholz said they have 'included the future expansion of that bank as part of the overall site plan. At the time, they did not know the exact configuration, nor did they know the total square footage of the expansion. While they were working on the overall shopping center and actually toward the conclusion, the bank contacted them, and Mr. Goldenholz said they were able to sign their lease with the owner of the shopping center, and he- was auth6rised to proe'eed with the drawings of' the..expansion of the bank. ' From the overall shopping center at the time and after they finish the work, Mr. Goldenholz told the Board Members they learned the land they were working with was smaller than they - 18 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 thought. He said some of the frontage of the street on Woolbright was taken away from the shopping center years ago. With that fact~ Mr. Goldenholz said they learned that the existing columns and existing facilities for the drive-in, which was ~abandoned, was on the property line (literally on the sidewalk). When they came to renovate the bank and expand it, the owners of the bank requested to retain three drive-ins. Otherwise, they could not operate the bank. Initially, Mr. Goldenholz said they thought to leave the canopy the way it was and keep the operation the way it is now and just renovate the bank itself. When they showed the bank what they were doing to the rest of the shopping center (a very expensive renovation, updating the architectural look of it, as those Members who saw it would probably appreciate), Mr~ Goldenholz said they recommended to the bank that they go.'into the same type of architecture _ at least, upgrade the building and the canopy at the same time. Mr. Goldenholz told the Board Members the bank received it with enthusiasm. When they brought in 'the drawings to get a building permit, Mr. Goldenholz told the Board they ran into some flak because of the other problem of having the overall shopping center parking. Last week, the Planning and Zoning Board unanimously approved what they have, and right now Mr. Goldenholz informed the Members they have another meeting going on at the Community Appearance Board. He hoped the Community Appearance. Board would approve what they have. At this point, Mr. Goldenholz stated they are two or three months behind, not due to the City's fault but due to the circumstances they have had from construction that have made them very edgy. A.s a matter of fact, as of 12:00 o'clock today, they were in their office wondering when they were going to start construction because the contractors are not going to hold %heir prices any longer. When they let it out two or three months ago, Mr. Goldenholz said the contractors gave them a price. Now everything is going up again. Mr. Goldenholz said what they are looking for is a request to allow (rather than leave the existing canopy the way it ms now and the columns the way they are) them to remove that section. He thought they had six columns there, and they are proposing two only rather than all six. Instead of having it on the property line, Mr. Goldenholz advised they are moving with the columns 14 feet away so the traffic will be easier, and the overall look of the whole overall canopy will be part of the total building, and they are better proportioned. Mr. Goldenholz told the Board they are adding landscaping, which is not a part of the variance. Chairman Zimmerman asked if they would still be able to maintain three of the drive-in tellers. Mr. Goldenholz answered, "Yes." He said they have one against the building and the other two - 19 - BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 14, 1983 islands, but they are eliminating the one which is sitting there now on the sidewalk. That will be taken off, but they cannot take it off unless the Board allows this. In order to get the setback required by the Code, Chairman Zimmerman asked how many would they have to take. Mr. Goldenhotz replied, "I will wind up with one (one drive~in), and~ we could not operate with that. Grant you, it is primarily a drive-in bank." Chair- man Zimmerman noted they were making some concessions, and they wanted the City to make some concessions. Mr Goldenholz replied, "Right." ' Mr. Keehr believed some of the Members might be a little befuddled on what Mr. Goldenholz was talking about if he 'does not have a drawing. Mr. Goldenholz did not have a drawing. Mr. Bert Keehr, Deputy Building Official., showed the Members a drawing he made. Several Members commented that they had an idea of what he meant because they had looked at it. Mr. Keehr pointed out the Esso station and the bank, which has a canopy that. goes all the way out to the fron~ now. He said what Mr. Goldenhol.z wants to do is tear it all down and then build another one that would be about 7 foot back from what it is now. Mr. Ampol asked if that would be 7 foot back of the existing. Mr. Keehr said that was right. He stated that actually what Mr. Goldenholz was doing was improving the situation from what it is today. In tearing it down, he must comply with exist~ing setbacks. Mr. Slavin Called attention to the statement made by Mr. Goldenholz when he said the City took some of his property away. Mr. Goldenholz did not tkink it was the City; it was the County. Mr. Slavin determined it was when they widened Woolbright Road. When they redesigned the whole shopping center parking lot, Mr. Gotdenholz said they were not aware of that 'take off of five or "X" amount of feet. When they were doing it all and they hit the curb, they .saw they'needed an extra f. iv~ feet instead of losing cars down the road. This was~part of the overall loss that they had. Chairman Zimmerman informed Members of the Board that Mr. Goldenholz was.the designer of the entire facade. Vice Chairman Thompson recalled when that small drive.in bank was first built, they asked for a variance on the side. There was a problem because they wanted to put the sign much higher than what it is, and the City Code would not allow it. Vice Chairman Thompson was on the Board and Chairman Zimmerman was on the Board also. Vice Chairman Thompson asked if by.one ~ariance being granted, would it cause a conflict. Mr. Keehr answered, "No That particular variance was meant for the bank on the corner. It was not for that particular bank." Vice Chairman Thompson said it was the one right behind the service station. - 20- BOARD OF ADJUSTMENT MINUTES BOYNTON BEACH, FLORIDA FEBRUARY 1983 Chairman Zimmerman believed it was the same bank. Mr. Keehr asked how many years ago that was. Secretary Gordon answered, "About five years ago." Mr. Keehr advised that would not affect tonight's decision. Mr. Slavin pointed out that sign would not remain anyway. Mr. Goldenholz advised they would be removing it. As a matter of fact, the planting to be up there is not requiring a variance, to Mr. Goldenholz's knowledge. Chairman Zimmerman.ascertained. that they were going to reconstruct that building a good. deal from what it is now. Mr. Goldenholz said it will 'be a very handsome building on the corner - He remarked that it is an eye'sore..to them right now until they do all of that to the building in the background. At least this will comply and they will enhance each other in the same coloration. Mr. Slavin spoke to Mr. Linkous, whom?~he thought was the Managing Agent for the shopping center, and Mr. Ronald Linkous told him it would be an entirely new structure. Mr. Linkous showed Mr. Slavin what it was all about. Mr. Slavin thought the request was a little vague. Chairman Zimmerman asked if there was any correspondence pertain- ing to t'he application. Secretary Gordon advised there was none. Chairman Zimmerman asked if. anyone in the audience wished to speak in favor of granting the variance. There was~ no response. He asked if anyone wished to speak against granting the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. Secretary GOrdon saw no problem with it, and moved that the variance be gVanted. He thought it would f'a~l-i.n 1.ine with the rest of the"new architecture--going up .at Sunshine Square. The motion was seconded by Mr. Slavin. Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion, as requested by Chairman Zimmerman: Chairman Zimmerman _ Aye Mr. Ampol - Aye Secretary Gordon _ Aye Mr. Slavin - Aye Mr. Moore - Aye Mrs. Artis - Aye Vice Chairman Thompson _ Aye Motion carried 7-0, and the variance was granted. Nick Cassandra Mr. Cassandra, a former Board Member, thanked his colleagues and Board Members for sharing with him'their vast experience so he - 21- BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 14, 11983 would be a better citizen .of Boynton Beach. He hoped their paths would meet again. ADJOURNMENT There being no further business to come before the Board, the meeting was properly adjourned at 8:32 P. M. Respectfully submitted, Patricia Ramseyer Recording Secretary (Two Tapes) - 22 -