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Minutes 01-10-83MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 10, 1983 AT 7:00 P.M. PRESENT Carl Zimmerman, Chairman Bert Keehr, Nick Cassandra Deputy Building Official Robert Gordon, Secretary City of Boynton Beach Paul Slavin Lillian Artis, Alternate Leo Grossbard, Alternate ABSENT Vernon Thompson, Jr., Vice Chairman (Excused) George Ampol (Excused) Anthony DiSarli (Excused) Chairman Zimmerman called the meeting to order at 7:00 P.M. He introduced the four Members present and the two Alternate Members present. Chairman Zimmerman introduced Bert Keehr, Deputy Building Official (who was present to supply the Board with technical information) and Virginia Jackson, Recording Secretary. Chairman Zimmerman also recognized the presence of Councilman Joe deLong in the audience. COMMUNICATIONS Chairman Zimmerman made it known that the Board would have one item to discuss briefly at the close of the Public Hearings as a matter of Old Business. He alerted the Members so that they~would remain. MINUTES OF DECEMBER 13, 1982 Chairman Zimmerman had a correction he wanted to make on page 5, in the 4th paragraph. He said it was rather minor but thought it did not make sense. In the second line, "trucks unload or dump the gas"; that was the question the way it was put° Mr. Cassandra said the language is proper; you do, in the gas business, say "you dump the gas". Chairman Zimmerman said, "That's the usual expression". He added that the way it is written here it doesn't really bring out that point. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Mr. Cassandra make a motion to accept the Minutes of the December 13, 1982 meeting with the correction as noted. Mr. Grossbard seconded the motion. Motion carried 6-0. PUBLIC HEARING PROCEDURE Before starting the Public Hearing, Chairman Zimmerman said the Board had the applications of two applicants for variances and they woUld take them in the order in which they were advertised. One, John C. Schneider will be first and following that, the Board would take the application of Edythe G. Hood. In the Public Hearing Procedure, Chairman Zimmerman explained that the Board will first have a summarization of the applicant by the Board Secretary. And then second, the applicant or his agent will have an opportunity to come to the microphone, give his name and further explain the application, A brief rebuttal time will be given near the close o~ the Public Hearing, if it is necessary, for the applicant. And thirdly, any letters received on the application will be read by the Board Secreta~ry. Four, anyone in the audience may speak at the microphone, that is in favor first and then following that, anyone who is opposed. Remarks should be limited to the six conditions outlined in section 10 of the Boynton Beach City Code of Ordinances because that is on Which the Board Members are obligated to make their decision. These items were read by Chairman Zimmerman as follows: "A. That a special condition or circumstance that exists would crea~e a hardship. B. That this hardship was not caused by the applicant. C. That the applicant will not be granted any special privilege. D. That we should not try to deprive the applicant of the rights that other property holders in that district have under the terms of the ordinance. E.That in granting a variance we should consider only the minimum variance necessary. F.Any changes granted should be ha~nonious to the area and not injurious to the public welfare." - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 After the closing of the Public Hearing, Chairman Zimmerman advised that the Board will sort out the facts and will try to come up with an affirmative vote of five (5) which is necessary to grant a variance. This evening, it means that five (5) of the six (6) votes must be in favor of the variance in order for it to pass. PUBLIC HE~RING Parcel #1 Lots ~1 (less North 10' Right of Way)_ and Lot 2 and North 2 feet of Lot 3, Block 1, BOYNTON HEIGHTS ADDITION REVISED PLAT Recorded in Plat Book 10, Page 64, Palm Beach County Records Request: Relief from four parking spaces as required under Section 11 H 16 d (13~, Appendix ~, Zoning Code to three parking spaces Address: 404 North West 2nd Avenue Applicant: John C. Schneider Secretary Gordon informed everyone of the following: "Property is presently zoned C~2. Fonmerly zoned: C-l, Denial was made upon existing zoning requirements ~--~ which relief is required: Ordinance 82-9, Section 3-8-16- D-20 for office use. One parking space is required for 300 square feet of gross floor area. Nature of exception or variance required: Owner has office building with 1,200 square feet of gross floor area and is requesting the' four spaces required be reduced to three. Name of Applicant: Mr. John C. Schneider Address of Applicant: 319 Clematis Street West Palm Beach, Florida" At this time, Chairman Zimmerman asked applicant John C. SChneider to come before the microphone. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Mr. John C. Schneider, 319 Clematis Street, West Palm Beach, Florida came before the Board. Mr. Schneider addressed Mr. Chairman, Members of the Board, Mr. Keehr and other City officials. He said that he was an attorney and was the owner of the premises so, in effect, was appearing before the Board on his own behalf. In order to aid the Board in their deliberations, he produced a drawing which he wanted the Board to at least review of the premises. Chairman Zimmerman thought most of the Board Members have a habit of going on site to see the actual layout and do have a plan of the property. This does hel~ added Chairman Zimmerman. Mr. Schneider continued, "I am informed that the application is complete at this time and I would like to incorporate into both the written and the oral application, whatever has gone beforehand and whatever we talked about this evening. "This is a minimal request for a reduction from four (4) parking spaces to three (3l parking spaces for the subject property. The property, as the Chairman has mentioned, has probably been reviewed by all the members and it may be one of the least attractive buildings-that you have in that area, if not in the City of Boynton Beach. I propose to keep within the zoning regulations, which as already indicated, are that the property is zoned for commercial use. I would be very glad to answer any questions because I do feel that the application is complete on its face", said Mr. Schneider. Mr. Schneider asked the Board if they wanted more of an explanation of what is in the application or he asked if he may just answer questions. Chairman Zimmerman suggested that the applicant see what qn~stions any of the Board Members might have after the complete looking at the drawing. He then asked if any Board Member had any question for the appliCant. "Is there any further use of this building?", asked Chairman Zimmerman. He was referring to the upstairs part or anything of that nature "Yes, sir. Mr. Keehr was kind enough to spend quite a bi~ of time with me personally and we talked about the various possibilities. I guess it was jointly our impression that - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 19 8 3 if we were to convert the entire building to commercial use then that would add to the number of parking spaces required under the zoning ordinance and that ~ou'ld~be more ~f' a burden than the City would like to see in an application such as this", Mr. Schneider explained. He continued tO say that the result was that they talked about an application which would talk about only the ground floor being used as commercial space and the upstairs apartment would remain as an apartment. He stated that it may be used for a storage area or whatever, as he understood., but the point is that there is no application pending for the upstairs apartment. Chairman Zimmerman asked the applicant if the parking space on the east, off 3rd Street, would be in connection with the upstairs or if it was a part of the parking that is considered &~s the commercial part? Mr. Schneider said, "It was felt that there would be an additional burden to this Board if we attempted to look for an additional variance for the space to the east rather than calling that a parking space. Over the years tenants have parked more than two or three cars there from time to time. Mr. Keehr, correctly pointed out to me that it would be in opposition to your ordinance to include that space when the only ability for an automobile to be brought out into the side street would be to back into the street, -.' and that this would probably not be acceptable to the Board; and so parking to the east in the past has_ been for the whole building, but it would be used by the tenant upstairs. That sounded very logical to Chairman Zimmerman. He asked if any of the Board Members had any questions at this time. Mr. Cassandra was apologetic as he thought he may have ~16st a few words while he was replacing the faulty microphone for the applicant earlier. He had a question for the building inspector. Mr. Cassandra asked if he understood the applicant to say that the front asphalt drive is out of variance? Mr. Keehr questioned Mr. Cassandra as to the "front"? "The one on N. W. 3rd Street" answered Mr. Cassandra. Mr. Keehr told Mr. Cassandra that is correct. He explained that one parking space is a nonconforming parking space and is being utilized for the residential use upstairs. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY i~, 1983 Mr. Cassandra asked if that would fall under the Grandfather Clause. Mr. Keehr replied that it would. Mr. Cassandra then asked if it would be considered "part of the four (4) parking spaces then?" "No, that would not." answered Mr. Keehr. Mr. Cassandra asked if that was because of the tenant upstairs? Mr. Keehr replied that it was because of the fact that the applicant is changing a portion of a nonconforming use to a conforming use, and in doing so, he has to conform with today's parking design standards which do not allow anyone to back into the street. Mr. Cassandra thanked Mr. Keehr. The question Mr. Slavin had, he addressed to Applicant Schneider. He said, "According to the deed, this property was purchased in '82." Mr. Schneider said that was correct. Mr. Slavin continued his question directed to the applicant, "Being an attorney, no doubt, you did your homework on codes and so forth. I don'~t know whether you consulted your architect, but now we have a structure that is neither fish nor fowl in this respect. The bottom half you want to convert to commercial use. The toppart of the structure is an apartment that is going to be either vacant or going to be a storage warehouse,or what have you. Existing parking; you have enough for the apartment upstairs. Now, what are your plans for the upstairs area? This has to be taken into consideration. If that is going to be converted at a later date to strictly commercial use, you will have to come to get another variance, before this Board, whether we are the Members of the Board, or not." It was Mr. Slavin's opinion that the Board was left dangling a little bit here. Mr. Schneider agreed with Mr. Slavin's observation 100%~ He explained, "If there were to be strictly commercial use or whatever use other than Grandfathered apartment use as it has been for decades, than either I as the owner, or a future owner, would have to appear befOre this Board and would have to satisfy whatever requirements which may be even more strict or strickter at that time than they are today. "I mentioned earlier that the building is very unattractive - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 and it has existed there for many years as a residential building. I would like very much to improve the entire property and in fact, Mr. Keehr and I spent time in trying to determine how we would move the existing dumpster which most of you may have seen in front of the property. We have made arrangements for the removal of that off, out of the way and that whole area can be landscaped. "It is not my intention to appear before any of you here and look for something that I am not entitled to. I think the main problem of this particular property is the fact that at one point that street .was widened. I don't mean to second guess the State of Florida as to whether they should have condemned the whole parcel and removed that building because it does sit up almost next to the sidewalk but it does happen to stick out no matter whether you are traveling from the east or from the west. "I only propose to try to improve the property and these improvements obviously take some money. I will, in all honesty, receive more rental income from the downstairs with a commercial use, than I would if it were residential use. "The .parking space requirement as computed by the City and confirmed by my architect and surveyor engineer, is absolutely correct; there would be four (.4} spaces that would be necessary. There can .only be three (3} spaces fitted in there. We could maybe squeeze three and one half (3½) spaces, but that doesn't answer the question. So .we had to ask for the minimum amount of variance pursuant to your statutes, "Once again, the application is to change the existing Grandfather Residential use of the lower space to that of commercial in conformity with the zoning." Mr. Schneider asked Mr. Slavin if that answered his guestion. "Up to a point", replied Mr. Slavin but said that he has still got the Grandfathering of the upstairs. "Well, there is no application on the upstairs,,- explained Mr. Schneider. Mr. Slavin said he agreed with the applicant, but there is the - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 poSsibility at a future time, "you or whoever you may sell the property to, may desire to take and convert that part or portion of the building to commercial." Chairman Zimmerman said that he would have to appear before the Board. That is what Mr. Slavin was saying. That is why he said the Board is left dangling. Chairman Zimmerman pointed out that the Board acts only on the application. Mr. Slavin knew that the Board was acting only on this but he was projecting the thought into "what may be". Chairman Zimmerman thought the applicant had looked into this and understands what~.the situation is. Mr. Schneider explained that his initial contact with Mr. Keehr was in reference to the building itself since it was obviously one building and it was Mr. Keehr's suggestion that asking for additional variances would not be in the best interests of the City especially in reference to a question of safety which Mr. Schneider certainly agreed with. He said that this overrides the question of aesthetics or actual uses of the bui!ding~ and that if the application were to convert the space upstairs to formal commercial use, you would have more of a problem from a safety standpoint. That was how the applicant said they arrived at discussing just the downstairs, Chairman Zimmerman asked Mr. Slavin if that was it? Mr. Slavin replied that that was it at the moment. Chairman Zimmerman was a little more concerned about the shape of that present parking lot on the west side. Presently there are four (4) car stops there. Some of the cars would block the others from leaving or entering he stated. He imagined the square footage was there and didn't doubt that at all. But, Chairman Zimmerman asked if the shape was possible to convert into three (3) lots. He didn't notice whether .it was marked out or not. Mr. Schneider said it was. He added that he thought one of his problems was that he now had a Handicapped person parking requirement with which he had to satisfy this Board. And as - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 3 , 1983 a result of the widening of that, plus the necessary space between two (2) parking spaces in which one has to turn around, what used to look like four (.4) spaces at one time, was legal, under today's ordinance, four (4) spaces just can't be accommodated there, Mr. Schneider advised. Chairman Zimmerman was sure of that. The Chairman asked for any other questions. Mr. Keehr did want Chairman Zimmerman to look at the design which he said meets our present parking design criteria whereas you don't have to back into the street in order to drive out. Chairman Zimmerman observed that he has to be facing east then and said that it should work. Mr. Keehr said that was correct. Mr. Grossbard noted that there were three (3) parking spaces allowed for. That allowed for the people who are going to rent this space. When people come to visit, where will they park, Mr. Grossbard asked of Mr. Keehr? Mr. Keehr replied that the criteria of one space for every 300 square feet of gross floor area has been set up as a required parking for an office type building. He said Mr. Grossbard's question was a good one insomuch as there are only three (.3) spaces. But, he continued, presuming there are only two people working in the office, that would leave one for a customer, so to speak. He pOinted out that there is certain office work that does not require any people off the street whatsoever such as accountants, etc. All you are really supplying is the parking for the person that works there, he explained. At this time, Mr. Keehr wanted to answer Mr. Slavin's question regarding the portion of the building that is still non- conforming. He said, "Zoning laws generally, in this City, encourage.- an owner to change a nonconforming use to a conforming use and we encourage it even to the point of 'a half a loaf is better than none'~.'' As far as this small apartment upstairs.wascoacerned, itcannot be converted into a commercial use~Mr..~i~Keehr,.~aid, but.'ccouldbeconverted into storage whereas it wouldn't require any more parking; but this would require another permit, and~'~another appti.cation - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 3, 1983 for an occupational license. We keep control of that type of a situation. I suspect that it would remain as an apartment from now on which is not unusual in this City." Mr. Slavin thanked Mr. Keehr. Chairman Zimmerman observed that it looks/.li~e..a Realtor is going to occupy this building. He asked Mr. Schneider if that was right. Mr. Schneider replied that he hoped so. Chairman Zimmerman said if there were no other questions, he would ask the Board Secretary to produce any letters that the Board might have received on this application. There were none. Chairman Zimmerman asked if there was anyone in the audience that would like to speak at the microphone in favor of this application. There was no response. Chairman Zihtmerman asked if there was anyone opposed to this application. There was no response. Chairman Zimmerman then told the applicant that it was his chance to speak if he had anything further to say as the applicant. Mr. Schneider asked if the Board votes this evening. Chairman Zimmerman told him that the Board would vote. As soon as he gets through speaking, the Public Hearing would close and the Board would discuss this and take a vote on it. · "I thank the Board very much for Mr Schneider said, this time and Mr. Keehr for the time he spent with me." He also thanked the Board for its deliberations. The PUBLIC HEARING WAS NOW CLOSED, announced the Chairman. Mr. Cassandra wanted to make some comments that were adverse to his other comments. He said they would like to take a nonconforming building and put it to a commercial zoning, which is what is required to do. The land that was lost was not a function of the present applicant's doing, and he lost that land due to the State enlarging it. Chairman Zimmerman stated that it wasn't actually the applicgnt, but the previous owner. ~ 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 3, 1983 Mr. Cassandra said that the building had lost the land. It's the variance actually that was given to the building not the applicant. ' Mr. Cassandra Galled attention, to his co-lleai~Ues~ two comments, After the fourth person could park there, if two worked here, after the third person, that should be the Board's factor. He said, "Our concern right now is that he needs a variance of one parking space which is the minimum, so he has satisfied the minimum of five." Mr. Cassandra continued by saying that as far as his other col~ague to his right (and what he does to the upstairs apartment is immaterial, right now), it is Grandfathered in, so it is not the Board's concern. He stated, "It is true we should always be concerned about the City, but right now, as far as the applicant is concerned, that is not our concern." Mr. Cassandra explained that as far as the harmony of the area, it should be commercial. It was his opinion that this applicant has satisfied most of the code requirements in the granting of the variance. He said he would be ready to make that motion. Chairman Zimmerman wanted to see if there were any further questions from the Board Members before the Board accepted the motion. Chairman Zimmerman asked the Board Members if they felt that all of the requirements he summarized in Section 10 of the Code of Ordinances before they had the Public Hearing were being met. ' Mr. Cassandra thought his opinion was known about every one of the criteria being met. He said "We can't be black and white to every particular criteria. If we were black and white, they don't need us; just refuse the man's variance. We are here because we are going to evaluate each particular condition and in our indivual thinking, we will vote for or against this applicant. It is my opinion, since you asked the question, that. he has satisfied, in my mind, the ordinance requirements." Chairman Zimmerman stated that if there was no opposition to that thinking, the Board is ready for a motion. Mr. Cassandra made a motion that the Board grant this applicant this variance. Mr. Gordon seconded the motion. - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 With no further discussion, Chairman Zimmerman asked that a roll call vote on the motion be taken by the Recording Secretary as follows: Ms. Artis - Aye Mr. Grossbard - Aye Chairman Zimmerman - Aye Secretary Gordon - Aye ~Mr. Slavin - Aye Mr. Cassandra - Aye The motion to grant the variance passed 6-0. PUBLIC HEARING Parcel #2 Lots 10 and 11, Block E, HATHAWAY PARK, Recorded in Plat Book 13, Page 17, Palm Beach County Records Request - Relief from lot frontage requirement of 75' to 5:4.66' for permitted usage within zoning category Address - 905 S. E. 3rd Stree~ Applicant: Edythe G. Hood Board Secretary Gordon advised everyone of the following: "The property is presently zoned C-3 and R-2. Formerly zoned: R-2. Denial was made upon existing zoning requirements from which relief is r ~eqtCLred: R~2 zoning requires 75' lot frontage. Nature of exception or variance required: Ova~er is requesting required lot frontage be reduced to 54.66'; therefore a variance of 20.34' is required. Nares of Applicant: Mrs. Edythe G. Hood Address of Applicant: 2611 North Lake Drive" - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 At this time, Chairman Zimmerman asked the Applicant, Mrs. Edythe G. Hood, to come up to the microphone. Mrs. Edythe G. Hood of 2611 North Lake Drive, Boynton Beach came before the Board. She said she would not be talking too much as she had a sore throat dUe to a cold and she would try to get the pertinent questions. She said,-?'We have plenty of room on the lot. They are very deep. It is 177 feet on one side; 163 feet on the north side. It is long and narrow so square footage is within the property so to enable me to sell it, we ~do need the variance." Mrs. Hood continued to say that at one time her husband and she had planned to build and that this was before the Comprehensive Zoning~Plan. H~r husband has passed away so she is selling the property.andshe explained that in order to sell it, she needs to have a variance so that someone can use it. She noted that the taxes have skyrocketed. She could not believe that as the property is on the railroad. She further stated that the"taxes have gone way, way up". She said she was not even asking what the appraised value of the lot was. Mrs. Hood wanted to know if there was anything else she could help the Board with. Chairman Zimmerman asked what the situation was going to be with South East 8th Avenue to the north of this property. Mrs. HoOd replied that she doubted that it would ever be open because it is a railroad crossing. She didn't anticipate them having a crossing from 5th down to 10th. She didn't think the~/ would put another one in there. She further said that rDad has never been opened up. Chairman Zimmerman asked the applicant if she thought it would be abandoned at some time. She had not thought that far and Said,~she Wou~d be delighted if it were. She ~added that to ae~ ,~kn6wledge~it has not been. She did not see any real use, especially if she built on the back because the property next to hers is built clear back to the railroad. Mrs. Hood said there would be no need for anything to get back to the railroad property. Mrs. Hood noted that it was zoned differently at one time. She told the Board there were two parcels: "Of the two lots, the front lot was zoned one thing and the back lot was zoned another." - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA clANIJARY 10 19.83 In some situations, Chairman ~immerman pointed out, thepropertyowner is asked to improve the street that faces his~~ -~ property, Mrs. Hood didn't think it would be necessary if she put in a duplex facing the main street. It would be a great expense she stated but asked what advantage there would be outside of having that street in for parking. Chairman Zimmerman noted that it would be facing 3rd Street, where the applicant has applied for the variance~ Chairman Zimmerman asked if any other Members of the Board had any questions. Mr. Cassandra had a question for the Building Inspector. Mr. Cassandra was confused and could not figure out what the applicant's lot was. He asked Mr. Keehr if he was not correct in stating that 8th Avenue was not constructed at all. Mr. Keehr said tha~ was correct. Mr.-Cassandra therefore said if you went dow~ 8th Avenue to the railroad, that would be the street and the applicant's lot would be the one that had a little walk and a fire hydrant in front of it and right next to it there is a building. Mrs. Hood said there was a duplex beside her property. If an imaginary line were projected on 8th Avenue there would be a house built. Mrs. Hood said that was right. Mr, Keehr said it was in the back, and that was correct. Mrs. Hood stated that was Mrs. Dubois' house, and she comes in from the other street. Mr. Cassandra mentiOned that when he was there, she came out to challenge him. The way the land looked to Chairman Zimmerman~ there were two lots, Lot 10 and Lot 11 that abut each other and both face on to unimproved S. E. 8th Avenue. Mr. Cassandra wanted to have one more question answered by Mr. Keehr. He asked what the Board was granting the variance on. "You are granting it strictly on the frontage requirements", replied Mr. Keehr. "Of one lot or two lots." asked Mr. Cassandra. "On one building site", replied the Building Official. Chairman Zimmerman added that it was a Unity of Title; two lots for one building site. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Mr. Keehr pointed out that there are two lots involved. Mr. Cassandra noted that one was zoned C-2 and one zoned R-3. If the Board granted the variance here and the applicant sells the property, Mr. Cassandra asked, does the buyer have to maintain unity of property? Mr. Keehr replied, unity of title, that was correct. Mr. Cassandra was concerned that they would split it up and then the Board would give variance to another frontage which was not on this request. Mrs. Hood added that she was advertising as a duplex lot. Chairman 'Zimmerman asked if there were any other questions the Board might have for the applicant. Mr. Grossbard directed a question to the applicant. According to the application, he asked, no one will buy this unless you get the variance? Mrs. Hood answered, "They can't use it." She explained further that it cannot be used as it is so it is up to her to go ahead and qet the variance, if she wants to put it on the market for sale. She continued by saying that anyone buying it, will not buy it from her and give her anything for it as they cannot use it. Chairman Zimmerman said they would have to come in for a variance if they bqught it as is. Mrs. Hood nodded. She said most of them won't buy it that way. She told Chairman Zimmerman that they want to be guaranteed their zoning is correct and that they can use it, She has been in real estate for thirty yeah here in Boynton, she told the Board. Chairman Zimmerman asked Board Secretary Gordon if he had any communications on this application. Mr. Gordon said he had none. At this time, Chairman Zimmerman ask if there was anyone in the audience to come' forward if they were in favor of this application. No one responded. - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 Chairman Zimmerman asked if there was anyone opposed to the variance in the audience. Mrs. Donald Preloh of 801 S. E. 3rd Street, Boynton Beach came forward. She said, "First of all, I am really not opposed to it in a sense. I would like to know if she is, for instance, if she was granted the variance, so that she could sell the lot, this is fine. I think it would be a lot better to sell the lot to have someone build on than the way the lot is taken care of now. Everybody in that area, down at that end of the street, dumps their garbage there and it looks disgusting." Mrs. Preloh continued, "I have bought a new house on S.E, 3rd Street and believe me the end that I live on, the neighborhood I have had no luck with town hall getting it cleaned up with junk cars. I get the same argument all the time so if this is going to be a case of where they are going to give a variance and then sell it as a duplex lot, that it is in turn, going to be sold and built, as a duplex, where it is going to be rented, we are going to have the same fix that we have on the other end of 3rd Street where I live. This I would not go for. · ~ ... Mrs. Preloh further stated, "Now if the variance was granted and a single family house is going to be built there, fine; because there is more apt to be a nicer couple who would buy a single family house than a duplex that would be rented. Because this is the case on one end of 3rd Street and believe me~ it is a mess." ' Mr, Cassandra asked if they can build a one family house on that property. Mrs. Preloh said, "Why not?" Mr. Cassandra said he was asking a question He said he did not know. · Mr. Keehr replied that it would require a variance. Mrs. Preloh said, "Well, she's asking for a variance now on the lot and the front of the lot is where she is asking for the variance. I live on a duplex lot and the builder that built my house was not allowed to have a duplex permit so he built a single family house which looks a lot nicer than a duplex that is built and rented, and rented to transient - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 people that are coming in and not taking care of the property", explained Mrs. Preloh. Chairman Zimmerman stated that there were two zonings involved here. One is commercial and one is residential; R-2. If Mrs. Preloh understood, the back part of the lot; in other words it is two lots, one in front of the other. "All right?" she asked.. She then said, "The back part of the lot was the one last year where they tried to get commercial zoning and the. people voted it down." To a question aSked, she replied that it was the people next door and that she had nothing to do with it. Building Official Keehr thought he could clarify this. Mr. Keehr explained that there are two lots involved in this application. Lot 10 is zoned R-2. Lot 11 is zoned C-3. The use permitted in C-3 is multiple dwelling. A duplex, explained Mr. Keehr, comes under that heading. Mrs. Preloh asked if that was the back lot. Mr. Keehr replied that it was the back lot. Chairman Zimmerman said it was the one next to the railroad. Mr. Keehr continued that in keeping this in mind Mrs. Hood is putting both those lots together to make one building site and C-3 calls for multiple; it does not call for single family. You cannot build single family on C-3,so she could not even ask for a variance for a single family use, if she is going to use Lot 11 at all. That is what Mr. Cassandra thought and that was why he asked Mr. Keehr the question. That is why Mrs. Hood has asked for a variance for a duplex because it is zoned correctly for a duplex, advised Mr. Keehr. He said that it has the square footage~'and~the size. The only difference or the only requirement for a variance is the front footage, he explained. Chairman Zimmerman made reference to having a single family home on just half of this parcel, Lot 10, Mrs. Preloh knew what Chairman Zimmerman was saying but told him that where she lives on 3rd Street, the lot she has, is al'so the same type of a lot. - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,-1983 Chairman Zimmerman asked Mrs. Preloh if she was south or north of this. She answered that she was north of the subject property. She further informed Chairman Zimmerman that the builde~ of her home put the house on the front of the lot and the back they have made into a nice yard with a swimming pool, shrubbery, etc. She said it looks beautiful. They can come down at any time and walk in back. Mrs. Preloh added that they also rent the property from her fenc~ in back to the line of the railroad property just so they could keep it mowed and keep it looking good. She didn't know why a single family house could not be built on the front of that lot when it is sold and the back could be used just as a nice yard. She said, "I don't know why anybody wouldn,t buy it that way. I certainly would myself." Chairman Zimmerman called attention to setbacks frontage and so on. ~ Mr. Keehr pointed out that this is an isolated case and since he did not have his zoning map in front of him, he could not tell the Board whether there was a similar situation with MSs. Preloh's property as there is with the applicant~s, But there are very few cases which are back to back such as this, Mr. Keehr stated. He said this was a case of rezoning, which was done these last few years. Better use of the entire parcel would appear to be a duplex asked Chairman Zimmerman of Mrs. Preloh. She replied, "No" Mrs. Preloh added that was because a duplex will be built, then it will be rented. I~it is, as is the case of the properties that are on her east and north of her, she said, this is the way these properties are being used. She continued by saying, "Believe me, they are so badly neglected, it's disgusting. Even the few single family houses right close by me are in the same condition." Had a single family home been locked in, Chairman zi~ue~obs~, then the remaining commercial use for Lot 11 would be a big question mark. He noted that it wasn't that large. Mr. Keehr pointed out that (1) it would be landlocked. Chairman Zimmerman adde~ unless 8th Avenue would be opened up. Mrs. Preloh said it would never happen because of the road. There was !'nOt enough in between the two property lines for a road to go through",she sa±d-and doubted that they would ever put a road through there. - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Mrs. Preloh explained that was because then they would have to put ,!~ a crossing and she didn't think they would ever put a railroad crossing in that area. Chairman Zimmerman noted that then Lot 11 would be laying ~here idle and "gathering dust". "It wouldn't be idle" said Mrs. Preloh. "They could use it as a beautiful yard like we did with ours" she added and didn't know why not. She continued that you would have nice frontage on the front of the house and then you would have a nice backyard and that is something you can't really get with a .new ~ouse today. Chairman Zimmerman said that wasn't up to the Board to decide at all. Mrs. Preloh said she understood all this but would rather not see the variance go through if it is going to be a duplex. Chairman Zimmerman said that maybe the applicant would speak on the subject when she has a chance for her rebuttal. Mrs. Preloh said okay. Chairman Zimmerman asked if there were any other questions the Board Members had to ask of Mrs. Preloh. At this time Mr. Cassandra asked Mrs. Preloh her address so that he could find her lot on the map. Mr. Darrell Hinson of 915 S.E. 3rd Street came before the microphone. He said he was opposed to the variance. He made reference to 8th Avenue and said you couldn't close that up because then he couldn't get to the back of his property if he ever wanted to. He said he owns lots on the back of the railroad there. It joins Lot 12. He said he owns half of Lot 13, Lot 14, LOt 15 and Lot 16 which is all vacant lots of 50 foot frontage. He would not have any way to get back in except at the other end. He continued that he did not see how you could put a duplex on a 54 foot lot with setbacks. He said they did not have any parking and that it was a problem now. Most.~of the people park in the street. You couldn't close up the street he said. It looked like the best thing to do he thought was to take Lot 11 and Lot 12 and combine them and put a duplex or something back there. There were other people in the area opposed to that he remarked. - 19 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA J~NUARY t0,1983 Chairman Zimmerman asked the gentleman how many lots he would have that would be landlocked back against the road there. Mr. Hinson replied three and a half 50 foot lots. He handed the Board a list of other people's names and addresses in the area that are opposed to the variance. Chairman Zimmerman wanted the record to show that there were six signatures that say they are opposed to the request made by Edythe G. Hood. Mr. Cassandra noted according to the record that Mr. Hinson lived on Lots 7 and 8. Mr. Hinson said that was correct. "Is your home on Lot 7 and 8 ?" asked Mr. Cassandra. Mr. Hinson said it was. Mr. Cassandra wanted to know which lots would be landlocked. Mr. Hinson replied,"l/2 of Lot 13, Lot 14, Lot 15 and Lot 16". Mr. Cassandra noted that he said there were people living on Lot 5 & 6 in front of Mr. Hinson. Mr. Cassandra ascertained that Mr. Hinson lives on Lots 7 & 8, Mr, Hinson said, "Right". The land behind you is half of Lot 13 all of Lot 14, all of Lot 15 and all of Lot 16 said Mr. Cassandra. Mr. Hinson again said that was right. Mr. Cassandra continued asking Mr. Hinson if there was no way for him to get there. Mr. Hinson noted that there is a street right-of-way back there. Chairman Zimmerman noted that there is a street right-of-way along the railroad track, He further noted that 8th Avenue hasn't been built. Mr. Hinson noted that there was a sidewalk there that has been there for years and there was a street right-of-way all the way through. Chairman Zimmerman pointed out that the street had not been built yet. Mr. Hinson said you could also come in from 10th. Very definitely 8th Avenue would have to be kept open stated the Chairman. Mr. Hinson said that the lady would not have any way to get to her house. He said there were several other lots in that area that have less than 75 feet so if the Board gave one a variance, there might be several more that would ask for the same thing. - 20 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 Chairman Zimmerman hoped the Board Members understood what the ~iscussion was in this case and if not he would want more questions asked. ' Chairman Zimmerman asked if there were any others in the audience opposed to the variance. There was no response. At this time, he said the original applicant could have a rebuttal. Mrs. Edythe G. Hood, applicant, came forward. She said, "I agree with the lady. My lot looks bad because everyone across the street, around the street and down the street, all put trash over on this vacant lot. If someone was living there, they are not going to do that, but at this point, I don'!t know how to handle it unless we can put a sign up there saying 'NO DUMPING'. If the City will keep that going but there is a duplex adjacent to this lot already - right south of it and it is zoned duplex." Mrs. Hood told the Board that she has been in the real estate business in Boynton Beach for thirty years and she questioned selling a lot in that area for a single home. She explained that you can only.appropriate so much for a lot. The price of most of the homes in that area would not warrant the price she would have to get out of the lot. She further said that she was sitting with this lot not able to do anything. .T0. iher knowledge, she said a duplex was the best plan and had no idea there was any objections. She knew that the ~t. Hinson had tried to do something with the land in back before and didn't see where her property would hurt it. If she built a duplex towards the center of the lot, what would hurt it, she asked. She further said he could get the planning where he can build on the back of his lot and didn't know what the objections were. Mr. Slavin asked the applicant if she 'had a potential buyer for the property. Mrs. Hood replied that she did not. She said she listed.it with the idea that a variance is pending so that it can be built upon. She has been in business long enough to know that someone is not going to come and buy it if they can't use it."I'm just hoping for one, soon", she said referring to a buyer. She added, "And they are not selling that fast, Sir." Mrs. Hood reiterated that she understood the situation but that she was the one sitting with the lot. She did not see -~21 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY ~Q~198~ where it was going to hurt by hawing the lot sold and then having it improved. She brought attention to having another duplex besides the existing one. Mrs. Hood added that if it were built on, it would get rid of the trash because they would not be able to unload on the lot if someone else has built upon it. Chairman Zimmerman expressed a cause for worry. He called attention to Mr. Hinson's lots on East Railroad Avenue that could be improved upon, He asked then who would improve 8th Avenue if it isn't.done now when this building is built whether it be duplex~ single family home, etc. Mrs. Hood stated that the lot was so costly now that she couldn't hold it and asked how she could build the street in there. Mr~. Keehr didn't know whether he quite understood the question. Usually, we put the burden of building any adjoining streets on the property owner, explained Chairman Zimmerman. "Only if it is the only way in", added Mr. Keehr. This property has access to 3rd Street he said. Chairman Zimmerman said it would fall upon the City to build 8th Avenue at a later date out of public funds. They agreed that would be the case if it was found necessary. It would be necessary if the north and south street along the railroad was ever built, explained Chairman Zimmerman. He added if there was a right-of-way going still further north to 6th Avenue where the park is, that would involve a lot of property owners in that block. "That's built pretty solid up there though, sir and I don't think they would want it opened especially", Mrs. Hood stated. Chairman Zimmerman asked if any of the speakers wished to have a rebuttal at this time. Mrs. Preloh came forward and said she had no further rebuttal. "Just what I have already said" she explained. Mr. Hinson stated that Mrs. Hood was not the only one sitting around with lots that you can't do anything with. He said this works two ways. There were several other people in the area that have the same problem, he explained. - 22- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10~1983 Mrs. Hood wondered why she should be held up because Mr. Hinson had the same problem. She said she was trying to correct it. "I would be more than happy to see a duplex on the lot, if you can get one on there of any decent size", Mr. Hinson told Mrs. Hood. "There is ample room", Mrs. Hood replied,~ At this time the Chairman asked Mr, Hinson to come directly to the microphone to aire his rebuttal. He came forward. Mr. Hinson asked how can you build a duplex on 54 feet facing 3rd Street. "That is what she says", he added. Chairman Zimmerman explained that Mrs. Hood is asking for a variance from the 75 feet to what is almost 55 feet in the front and a little over 55 feet along the railroad. Mr. Keehr thought that maybe he could answer Mr. Hinson's question. He said, the setbacks on this lot would be 12½ ft. on 8th Avenue and 10 feet on the adjoining property to'.the sOuth. That would leave 32½ ft. wide structure as deep as she wants to build. 32½ ft. wide is a very wide home, he thought. The parking could be put in the front. The front door does not have to face 3rd Street, he added. We have no laws or zoning requiring the doors to face 3rd Street, Mr. Keehr explained. He said that a duplex can be very handily be built on that property. Chairman Zimmerman asked if it could also be multi-storied. "With the required off-street parking, also", replied Mr. Keehr. "Where are you going to park everybody?" asked Mr. Hinson. "Inrthe front" answered Mr. Keehr. "What is the front?" asked Mr, Hinson. Mr. Keehr told Mr. Hinson that all that was needed was 45 ft. Mr. Hinson repeated his question. Mr. Keehr answered 3rd Street. and that you just have to set the structure back far enough to get your parking requirements for the units. Mr. Hinson said that again he was opposed to it. On a 54 ft. - 23- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 he said he just didn't see it. He made reference to the trash on the lot and thought it would be easy to put a sign on the lot to keep it up. There might be such a situation if a duplex were built there, that the owner would occupy one of the parts, renting the other one out, Chairman Zimmerman pointed out. Mr. Hinson has. been living in Boynton over twenty years and knows what is happening. He said he has been on that street for nineteen years and knew what is going to happen and what has happened on that street. To him, it would not improve. "Just like the lady said, on the north end there have been apartments, duplexes and whatever and it is really a mess. When she sells this, (_she wan~s to sell the lot) she has inno there." control over it after that. So we don't know what is going Chairman Zimmerman .thanked Mr. Hinson assuring him that the Board Members have heard what he has said and would consider it in their decision. THE PUBLIC HEARING WAS CLOSED as there were no further questions. Mr. Slavin asked Deputy Building Official Keehr if, when the propertyft. lots. was originally laid out, it was platted as 25 or 50 Mr. Keehr answered that it was platted just the way it shows. "It is platted 54 ft. and 55 ft. but is the original requirement 50 ft. or 25 ft?" asked Mr. Slavin To answer Mr. Slavin's question~Mr. Keehr stated when this property was originally platted in 1925, 57 years agorand at that time, naturally, it was platted as approved building sites, without question. They wouldn't have approved the plat otherwise, added Mr. Keehr. Chairman Zimmerman injected that some plats in other parts of the City,had 25 ft. lots at that time. Mr. Keehr knew that this property was rezoned or at least zoned R-2 in 1962 and in 1975, Lot 11 was rezoned C-3 and Lot 10 remained R-2 Other than that, Mr. Keehr informed Mr. Slavin, it doesn't show anything except for the fact that MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10,1983 when it was rezoned R, 2, even in 1962, it was a .nonconforming lot for that use. Ms. Lillian Artis brought to the attention of the Board the fac~ that with all the discussion about what is going to be built on the lot, it was really not up to the Board to decide what was going to~bebuilt. She said whatever would be built would have to be approved by the vP~nnihg DeDartment Chairman Zimmerman made referenceto v ' . . ~ ~u ~ran~ln a arlance and Ms. Artls lnter~ec~ ~ ~u u~ ~ne .soar~,s variance had nothing to do with what ms going to be built. Chairman Zimmerman presumed that they .could still.build a a single family home on the front lot. Ms. Artis stated that the building would have to be conformed. "No", advised Mr. Keehr. It would be zoned right, stated Chairman Zimmerman. Ms. Artis noted that the Board would approve it for a multiple dwelling, Mr. Keehr explained that for single family, homes on an R-2 property, you must build to the requirements of R-l, single family,which calls for 60 ft. frontage. This lot was still nonconforming for single family, added Mr. Keehr. Chairman Zimmerman questioned the Board's granting a variance from the 75 ft. for a structure. Mr. Keehr replied, "Yes, but you can't in this application. This application is asking for a duplex." Chairman Zimmerman wanted to be sure this was understood and that the motion would be made to this effect. Ms. Artis asked if the Board's variance would be for a duplex or a multiple dwelling. Chairman Zimmerman replied that was what the application was for. Ms. Artis added that the plans for that multiple dwelling would have to be approved. Therefore she maintained that nothing could be put on the lot that did not suit it. Chairman Zimmerman stated that if the plans met all other requirement, they would naturally be approved. Ms. Artis felt that this was where the confusion was for the people who were opposed to the variance. Chairman Zimmerman asked if there were any other questions for the Deputy Building Official at this time. - 25 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Before Mr. Cassandra said he would make a motion, he thought the people who had the courtesy to come to the meeting, he would like to respond to. He explained to Mr. and Mrs. Preloh that the plat shown (what the Board has before them - he didn't know~what there was prior to that) that was only a single lot and was the same condition as the present applicant has. So it is a little different than their condition so therefore, whatever happened in their time, had a different set of rules. He expressed to Mr. HinsOn that whatever the Board grants the applicant, either way, woulH not change Mr. Hinson's type property as far as Mr. Cassandra could see. He would never lose the right-of-way. The way you get there, he guessed , would still be to go through the grass in the back if you had to go that way through the railroad area right-of-way. He didn't think it would effect Mr. Hinson and said what the Board did here doesn't have that much of a determental effect on Mr. Hinson as he has stated. Mr. Cassandra wanted to give Mr. Hinson the courtesy of an answer to what he said based on part of what Mr. Cassandra saw there. Mr. Cassandra moved to grant the applicant, Edythe G. Hood, a variance because: It is nonconforming. It won't be able to be used. If this request is not given, they still have an empty lot from now until adinfinitum. Mr. Cassandra believed a duplex (which was what they were granting to be put on that property) and combining both lots into one ownership, cannot be sold separately. Mr. Cassandra assumed that was correct and asked Mrs. Keehr. Mr. Keehr confirmed that was correct. They were granting the minimum amount possible to build a structure on this property. Mr. Cassandra said the literal interpretations of the provisions of the Ordinance will deprive the applicant of other pieces of structures on similar types of land. That the special condition circumstances, do not result in the action of the applicant, Mr. Cassandra advised she did not zone one piece of property C-3 - 26 - MINUTES - BOARD OF ADJUSEMTNT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 and one piece as R-2. It was the City that did this, for whatever reasons they did it at that time. Mr. Cassandra was as concerned, as everyone else, that whatever is built there maintains that neighborhood in the proper condition. But, he said, you can't control who builds and you can't control who is going to live there. You might get people that are the best in the world, so he couldn't consider that as a negative against the applicant. Mr. Cassandra summarized that the reasons so stated are why he would like to grant the applicant the variance. Mr. Slavin seconded the motion. Chairman Zimmerman stated that a motion has been made and seconded that the variance asked for in this application be granted to Mrs. Edythe G. Hood for the construction of a duplex under the Unity of Title of these two lots. Chairman Zimmerman expressed that he too thought a hardship definitely exists here and that it is a complicated situation. He said it was not of Mrs. Hood's making, It is a minimum requirement and Chairman Zimmerman said they have discussed pretty well all of the items that are involved here. He asked if there were any other remarks that anyone wants to make or any questions to ask. There was no response. At the request of Chairman Zimmerman, a roll call vote on the motion was taken by Virginia Jackson, Recording Secretary. Ms. Artis - Aye Mr. Grossbard - Aye Chairman Zimmerman - Aye Secretary Gordon - Aye Mr. Slavin - Aye Mr. Cassandra - Aye The motion carried 6-0, The Variance was granted. Chairman Zimmerman noted that the Application portion of the meeting was NOW CLOSED. - 27 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 OLD'~ BUS !NE S S Workingman's Friend ~O'il company As a result of the last meeting of the Board of Adjustment, Chairman Z immerman asked Board Secretary Gordon to read the following document: "In the Circuit Court of the Fifteenth Judicial Circuit, Appellate Division, in and for Palm Beach County, Florida Workingman ' s Friend Oil Cc~pany, Defendant, Appellant, vs. City of Boynton Beach, Plaintiff, Aupellee. NOTICE OF '/gRvlINI~T~ 'APPEAL NOTICE IS GIVEN that WORKINg, lAN~ S FRT~D OIL COMPANY, appeals to the Circuit Court in and for Palm Beach County, the Order of the Board of Adjus~nent of the CITY OF BOYNTON BEACH, December 13, 1982. The nature of the Order is the denial of an application for variance for the Highway Oil station located at 2508 North Federal Highway, Boynton Beach, Palm Beach County, Florida. WE HEREBY CERPIFY that a true and correct copy of the foregoing has been furnished by mail this 28th day of December, 1982 to: BOARD OF ADJUSTMENT MEMBERS, City of Boynton Beach Staff, P. O. BOx 310, Boynton Beach, Florida 33435. tKIMEROY, BETTS, WI~ERHOLD & MOSES Citizens Building, Suite 608 105 South Narcissus Avenue P. O. Box 3918 West Palm Beach, Florida 33402 (305) 659-2296 /s/ Attorneys for Defendant, Appellant" - 28 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 10, 1983 Chairman Zimmerman did not think the details really had to be read. Councilman Joe deLong asked the Chairman if he could have a question clarified. He wanted to know if this was being taken care of by the City. Chairman Zimmerman said, "Yes". He told Councilman deLong that the City Attorney is taking care of this. ADJOURNMENT Mr. Cassandra made a motion to adjourn, seconded by Mr. Grossbard, and the motion carried 6-0. The meeting was properly adjourned at 8:30 P.M. Respect~y submitted, Vi~ i nia T~/~acks · ~rding ~ecretary (Two Tapes)