Loading...
Minutes 09-13-82MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, .SEPTEMBER 13, 1982 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Vice Chairman Robert Gordon, Secretary Paul Stavin Lillian Artis, Alternate Louis Reiser, Alternate ABSENT Carl Zimmerman, Chairman (Excused~ George Ampol (Excused) Nick Cassandra (Excused) Anthony DiSarli (Excused) Bert Keehr, Deputy Building Official City of Boynton Beach Vice 'Chairman Thompson called the meeting to order at 7:07 P. M. He explained that the Board waited a few minutes because there were so many members absent. Since there were five Members present, Vice Chairman Thompson said they could have a meeting. Vice Chairman Thompson introduced Mr. Bert Keehr, Deputy Building Official, the Alternate Members, and Members. He recognized the presence of Councilman Joe deLong and Vice Mayor Warnke in the audience. Vice Chairman Thompson noted that Chairman Carl Zimmerman asked to be excused tonight. He asked that the record show that Mr. Cassandra and Mr. DiSarti, Members, called to say they could not be at the meeting tonight. Mr, Ampol called from New York to say there was a death in his family. MINUTES OF AUGUST 9, 1982 Mrs. Ramseyer, Recording Secretary, corrected the statement Vice Chairman Thompson just said regarding Mr. Cassandra. She said the Minutes of August 9 reflected that Mr. Cassandra would be out of the country and Could not attend this meeting. Chairman Thompson read that portion of the August 9th Minutes to everyone. Mr. Slavin moved that the minutes be adopted as submitted, seconded by Mrs. Artis. The motion carried 3-0 with Mr. Gordon abstaining from voting as he was not present at the August 9th meeting. (Mr. Reiser was not an Alternate Member of the' Board~on August 9.) ~iceChairmanThompsonP°inted out that the Board has some criterias that they must follow. He announced that there was a five member Board tonight, and they would have to have five votes. Vice Chairman Thompson informed everyone that they have a Board of seven voting members at all times, so they must have five votes in favor of the application. Vice Chairman Thompson read the criterias: MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 "a. That special conditic~s and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; b. That the special conditions and circumstances do not result frc~ the actions of the applicant; That granting the variance requested will not confer on the applicant any special privileges that is denied by~this Ordinance to other lands, buildings, or structures in the same zoning district; That literal interpretation of the provisic~s of this chapter w~uld deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and w~uld ~rk unnecessary and undue hard- ship on the applicant; em That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; That the grant of the variance will be in b~mony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or other- wise detrimental to the public welfare." Vice Chairman Thompson emphasized that these six criteria determine whether the Board votes in favor of granting a variance or whether it denies a variance. He said it did not mean that you meet five criteria and do not meet one. All applications must meet all six criteria, Vice Chairman Thompson announced. Parcel ~1 - Lot 6, Block 1, GOLFVIEW HARBOUR 1ST SECTION Recorded in Plat Book 26, Page 178 Palm Beach County Records Request - A variance of 2'5" from rear lot line to accommodate pool constructed 5'7" from rear property line Address - 1042 S. W. 23rd Avenue Applicant - Jim L. and Bonnie Morgan Secretary Gordon read from the .application as follows: "Property is presently zoned R-/AA Formerly zoned: R-1AA Denial was made upon existing zoning requir~nents from which relief is required: Section ll-E No swimming pool shall be constructed closer than 8 feet (8') from any property line. Nature of exception or variance required: Pool was constructed 5'7" from-rear property line, therefore, a variance of 2'5" is - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 "Statement of special oonditions, hardships or reasons justifying the requested exception or variance: Owner w-as unaware of the above requirements as he did not think a peri, it was required for a self- installed vinyl liner type pool. (Ref. Section 10-B-3; A.B.C.D.E.F.)" Vice Chairman Thompson noted that all the papers were in order and asked if anyone was present to represent the application. Jim L. Morgan and Bonnie Morgan, 1042 S. W. 23rd Avenue, Boynton Beach, Florida, came forward. Vice Chairman Thompson asked if there was anything they could tell Members of the Board that might help show that they are justified in asking for a variance, or that might shed some light on what is before the Board. He said the Members had all of the facts surrounding the property but maybe there was something they might misinterpret. Mr. Morgan informed the Members of the Board that he and Mrs. Morgan have teenage children at home, and it keeps them off the street to keep them in the pool. He said it is quite rare to keep them at home. Mrs. Morgan explained that the children bring their friends around home rather than being out on the street. Mrs. Morgan also told the Members of the Board that they have a 13 year old boy that has psoriasis. The water and sun are very good for psoriasis, and are better than the medication. Mrs. Morgan added that it really keeps it cleared up. Vice Chairman Thompson saw that the pool was constructed without a permit. Mr. Keehr, Deputy Building Official, confirmed that was correct. Vice Chairman Thompson asked if it was correct that a permit is necessary for any type of pool. Mr. Keehr replied that was correct. Vice Chairman Thompson said even if the pool is installed by the owner, it does not make any difference. Mr. Keehr affirmed that was correct and said a permit is necessary. Mr. Slavin asked Mr. Morgan if he did the building of the pool himself or did he have a pool builder. Mr. Morgan answered that they did it themselves. He said the house was built in 1960. They have quite a large front yard and a very narrow backyard, and Mr. Morgan said they set the pool back themselves. They tried to split it as close as they could, and Mr. Morgan said they still have a little bit of land in the backyard. He said they have more land than what the pool requires. Mrs. Artis asked if it was their house in 1960. Mr. Morgan replied, "Yesi" Mrs. Artis asked about the 1960 Ordinances. As a matter of fact, Mr. Keehr said there was no available informa- tion in 1960 regarding setback requirements for pools. However, there was in 1962. Mrs. Artis asked if there was anything as to the number of feet in the backyard. In 1960, Mr. Keehr had no information to confirm or deny that. According to the information the Members of the Board had, Mr. Slavin stated that the house was built in 1960 and there were no records of any zoning regulations prior to 1962. He asked if this could be grandfathered in. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON B~ACH, FLORIDA SEPTEMBER 13, 1982 Mr. Keehr replied, "No sir. If the pool was built back then, yes, but the pool was just built recently, so it cannot be." Mrs. Artis asked if the fact there was no required number of feet in the rear at the time, would that have any bearing on the pool. Mr. Keehr answered that the only bearing that would have would be the fact that the builder did not consider the space required for a pool in the backyard when he built the home because he perhaps did not have any guidelines as to how close a pool can be built to his back property line. Mrs. Artis commented that at that time, they .could have put the pool in. Mr. Keehr stated "Very likely. Yes." ' Vice Chairman Thompson noticed under (f}, one of the criterias, "whether it is detrimental to the public welfare," that the applicants answer to that was, "We have provided a backdrop for our next neighborS with our fence that two of them are most happy with." Also, in one of the other ones, Vice Chairman Thompson noted that the applicants said they would like to enjoy the same privileges that others in the neighborhood enjoy. Vice Chairman Thompson told Mr. and Mrs. Morgan he could not tell, because of their fence, when he looked at it but he thought there was one other pool in the area. Mr. MOrgan informed him that there is a pool to the east of them. Vice Chairman Thompson questioned building a pool without a permit. Mr. Keehr advised that there is a situation where they do allow a pool. He said they have a depth of 18 inches as their maximum either above or below the ground that they require a permit. Mr. Keehr further informed the Members of the Board that there are vinyl pools that sit above the ground that are 18 inches high that they do not require a permit for. When you talk about vinyl liner pools, Mr. Keehr said this happened to be a vinyl liner pool, and if the Members of the Board wanted to relate it in that aspect, it could be a reason for no permit. Vice Chairman Thompson asked what the setbacks are for a vinyl pool that sets above the ground. Mr. Keehr replied that a pool sets above the ground that is no more than 18 inches high has no setbacks. Mrs. Artis asked if Mr. Keehr said above or below the ground. Mr. Keehr answered, "Above, as long as they are 18 inches. When you use the term "vinyl pool", Vice Chairman Thompson noted they do not specify whether it is above or below in the Building record_ book. Mr. Keehr said that was correct. He added that if somebody wanted to put an 18 inch pool into the ground, the City would not require a permit. In most cases, Mr. Keehr said vinyl pools of that nature naturally set above ground. Vice Chairman Thompson told Mr. Keehr he did not answer his ques- tion. What Vice Chairman Thompson was saying was that in the Build- ing Code book, they do not specify. All they say is "vinyl pool". He asked if that was what Mr. Keehr was saying. Mr. Keehr answered, "Yes." In other words, if a person comes in and has put in a pool - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 like M~. and Mrs. Morgan put in, below the ground, then really he could have been very technical there and said iq ~s'a'vinyl pool, which it is, Vice Chairman Thompson pointed out. Mr. Keehr agreed that it is but added that it is more than 18 inches deep. He said that was the key to it. Mr. Keehr informed the Board that this pool is constructed of copper bearing steel panels with steel bracing anchored to concrete pads with a vinyl liner acting as an interior surface of the pool. He said that is the way the pool is constructed. If anyone had a chance to see it, Vice Chairman Thompson pointed out that .the pool is in the yard and they'h~ve about the same amount of feet toward the house as you have to-get out to the fence. Mr. Morgan informed Members of the Board that there is about 36 inches between on both sides. Vice Chairman Thompson asked if that type of pool comes in speci- fied sizes. In other words, he wondered if you had to buy a set size. Vice Chairman Thompson was asking the question because if they had only that amount of room, could the pool have been bought a little bit smaller. Mr. Morgan replied, "Not that particular pool, but you can buy them. You can buy them bigger, but you can get a different smaller pool." Mrs. Morgan advised that it is 14x28, and that was the smallest they had. Members of the Board had no further questions. If there is opposition, and Mr. and Mrs. Morgan wished to counter it, Vice Chairman Thompson said the Chair would probably entertain it if they have something different to offer. Vice Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. Robert Woods, 1050 S. W. 23rd Avenue, Boynton Beach, informed the Members of the Board that he was one of the originals in Golfview. He said he has been a neighbor of Jim Morgan for probably 18 years and he saw nothing wrong with the pool. Mr. Woods was happy with it. There were no questions of Mr. Wood. Vice Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Vice Chairman Thompson asked if anyone wished to speak against granting the variance. There was no response. Vice Chairman Thompson said Secretary Gordon would read the communications. He thought the Board received three in favor of granting the variance. Secretary Gordon read the following: "Sept. 1, 1982 City of Boynton Beach Attn.: Tereesa Padgett, City Clerk Please be advised that we do not object to the applicants' - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 "Jim and Bonnie Morgans' ~request for variance at 1042 S.W. 23rd Ave., Lot 6, Block 1, Golfview Harbor 1st Section, recorded in Plat Book 26, Page 178. Very truly yours, /s/ Santo Bruno /s/ Flora Bruno 400 SaXony I, King's Point Delray Bch." Secretary Gordon advised that the second one was verbatim with the first one. It was signed by Lorraine and Joseph R. Guagno, 1019 S, W. 24th Avenue, Boynton Beach. Secretary Gordon read the third communication: "We hope you grant the variance. The pool is an asset to the property and enhances the value of the neighborhood. /s/ Ford R. Carter, Jr. Susan A. Carter" 1002 S. W. 24th Avenue Boynton Beach, Florida Mrs. Slavin noted that the neighborhood had no objection to the pool where it is. Although ignorance is no excuse for a violation of the law, Mr. Slavin was sure that if Mr. Morgan had a pool builder come in and construct the pool, there would have been no problem. To undo what has been done may prove a hardship, Mr. Slavin told the Board. He said they have 'heard that the pool serves in a therapeutic manner, in view of the child that is ill. Under these conditions, Mr. Slavin moved to grant the variance and allow the pool to stay. Vice Chairman Thompson said the Chair was not open for a motion at this time and asked if anyone else wished to comment. Vice Chairman Thompson asked if the east and west side setbacks on the pool were in order. Mr. Keehr said that was correct. Vice Chairman Thompson asked if near the house was also within the law. Mr. Keehr replied that was correct. Vice Chairman Thompson noted that just the south wall fence on their property line. Mr. Keehr said that is correct. To add information, Vice Chafrman Thompson believed the Morgans have a 6 foot fence. Mr. Morgan confirmed that. Vice Chairman Thompson said the fence is all the way around the backyard, which also is required by law. Had he put the pool right flush with his house, Mrs. Artis noted tha~ he still would not have enough room to do exactly what was needed. Vice Chairman Thompson did not think that was possible. He asked Mr. Keehr if it was three feet away from the house. Actually, Mr. Keehr said they have different dimensions. There are criteria primarily of undermining of the foundation, Mr. Keehr explained. If there is a shoring process that they can accept, Mr. Keehr said you can get them quite close to the house. - 6 - MINUTES - BOARD OF ADJUS~NT BOYNTON BEACH, FLORIDA SEPTEmbER 13, 1982 Mr. Keehr advised the Board that the pool, as it is situated, is in the best possible position for the safety and convenience of the pool. Mr. S~lavin moved that a variance be .granted to Mr. and Mrs. Morgan in view of the fact that the pool serves', as he said a moment ago, as a therapeutic value for the child. The neighborhood is in no way against the pool, and Mr. Slavin did not believe this was done in any manner to get around the Zoning Codes. As he said before, Mr. Slavin pointed out that if the builder would have been called in, this builder would have known what the setbacks and require- ments were. The fact that Mr. Morgan constructed the pool himself led Mr. Slavin to believe that this was not done to circumvent the Zoning Code. Secretary Gordon seconded the motion. A~ the request of Vice Chairman Thompson, Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion as follows: (Vice Chairman Thompson again reminded everyone that they needed all five votes.) Mr. Reiser - Aye Mrs. Artis - Aye Vice Chairman Thompson - Aye Secretary Gordon - Aye Mr. Slavin - Aye Motion carried 5-0. The variance was approved. Parcel #2 - Lot 229, LAUREL HILLS 5th ADDITION Recorded in Plat Book 23, Page 183 Palm Beach County Records Request - Relief from 8,000 square feet lot area requirement to 6,975 square feet lot area and relief from 75' lot frontage requirement to 50' lot frontage Address - 710 N. W. 8th Street Applicant - Pamela J. Patton Secretary Gordon read from the application as follows: "Property is .presently zoned: R-1AA Formerly zoned:' R-1 Denial was made upon existing zoning requirements frcm--~ich relief is required: R-1AA zoning requires 75' lot frontage & 8,000 sq. feet lot area. Nature of exception or variance required: ~ject property has 50' frontage & 6,975 squre feet, therefore a variance of 25' frontage and 1,025 square feet lot area is required. Statement of special.conditions, hardships or reasons justifying the requested exceptic~ or variance: No additional land is available ss there is existing homes on both sides of this vacant lot. References - Section 10-B-3 A.B.C.D.E.F. Name of Applicant: Pamela Patton Ax~dress of Applicant: 1461 S. W. 17th Street, Boca Raton, Fla." - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Miss Patton appeared before the Board and gave the address of 1461 S. W. 17th Street, Boca Raton, Florida as her address. ~ice Chairman Thompson thought everyone knew the situation. He said it is, as was pointed out, a 50 foot lot with houses on both sides. Vice Chairman Thompson asked Miss Patton how long she has owned the property. Miss Patton. replie~, "Since August 5th. That's technically?when we closed on the lot - of this year." At that time, Vice Chairman Thompson questioned whether Miss Patton knew a fifty foot lot was in violation of the City Ordinance and if it was possible with what her plans were, she might as well bring them before the Board of Adjustment. Miss Patton was aware that the City had changed from What it previously had platted - 50 foot lots to 75 foot frontage lots. However, Miss Patton was also aware that there was no additional land available and that the only other option was a variance. After Miss Patton had her builder talk to Bert Keehr, Deputy Build- ing Official, Building Department, he-indicated that there should be no problem with this, and Miss Patton did not feel that there would be a ,problem after discussing it and went ahead and bought the lot. She knew that the variance was necessary but understood it to be merely a formality. Mr. Keehr was sorry that that conclusion was drawn by whoever. He advised that he never made such a statement. Mr, Keehr said he has been on this Board too many years and realizes that every case is weighed on its own merits. "That would be a wrong conclusion," Mr. Keehr told the Board. He was sorry if somebody got that conclusion from him. ~ecretary Gordon asked Miss Patton if she purchased the lot on the condition that she could get a variance. Miss Patton answered, "No. I did not." Mr. Slavin noted that Vice Chairman Thompson asked a question which which was very paramount and important here (the length of ownership of the lot, ~1). As they could see by the Warranty Deed, Mr. Slavin said title has been transferred. Mr. $1avin looked at the property and knew there was no additional land around it that is on the. frontage. He tried talking to some of the neighbors on both sides. Nobody was lhome, and across the street nobody was home. Mr. Slavin looked at the lot and saw the surveyor's stakes. He observed that the neighborhood is a beautiful neighborhood but what struck him as being odd was the collection of pool chemical jugs (1 gallon, yellow ones - about 20 of them) thrown around the front of that lot. To Mr. Slavin, that was a bad eyesore in a neighborhood of that nature. Personally, Mr. Slavin knew that if he was buying a piece of property as Miss Patton has done, he would like to know that he could utilize it. The statement Miss Patton made that the Board would consider it as a mere formality struck Mr. Slavin wrong because the Board of Adjustment has been working with the Building Department for a number of years and he never heard a builder make a statement like that. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Mr. Slavin said they could by-pass all of these remarks and every- thing else and just stick to the facts of the case. He pointed out that there is no room there for expansion of the property because if anybody sells on either side therewould be a violation of the 75 foot frontage. Mr. Slavin paced it off, and it was 50 feet. He paced off the houses on both sides. Although Mr. Slavin could not give an accurate figure, he said it was approximately 50 feet, and the houses on both sides that he paced off would be about 75 feet. To say that the lot should remain as it is deprives Miss Patton, as she said, of the use of the property, Mr. Slavin told the Board. Mr. Slavin called attention to Miss Patton's petition and read: Other homes in the Laurel Hills subdivision are built on 50 foot lots. Because there are hcmes built on either side of my lot, no additional land is available. Be The Laurel Hills subdivision was platted and approved by the City of Boynton Beach. The vacant lot which I purchased is a part of this approved plat." Mr. Slavin ~phasized that the answer to "D" was the crux of it and he read: ' "D. Without the variance I would be unable to build a home because there is no additional land available. I would be deprived of my constitutional rights to own and enjoy that which others in the Laurel Hills subdivision already enjoy and thus rendering my property ~orthless." Mr. Slavin thought the property could contain the house, and he asked Mr. Keehr if he was right. Mr. Keehr answered, "Correct." Mr~. Slavin asked, "and meet all other requirements and setbacks?" Mr. Keehr replied, "Correct." Mr. Slavin could not see that eyesore, but he did resent the builder's statement. That, he thought, had to go into.the record. Mrs. Artis asked Miss Patton if she discussed the matter of the variance with the previous owner. Miss Patton answered, "She indicated that there would be a requirement to get one." In the past, Vice Chairman Thompson said the Board has entertained many requests from the same area on fifty foot lots. He said this area was platted as 50~foot lots. Vice Chairman Thompson did not know what year it was platted at that. He said it would not have been necessary for the original owner, who owned the property at that time, to come before the Board and ask for a variance. Vice Chairman Thompson's statement was confirmed as being correct by Mr. Keehr. - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Also, there was something else that Vice Chairman Thompson did not know whether the Board had overlooked or had in the back of their minds. That was that a hardship on a platted piece of property can be passed on to a new owner. Vice Chairman Thompson wanted to be sure he did not misinterpret this and asked Mr. Keehr if he was correct. Mr. Keehr said that was correct if that property that is in question is not the owner's. When the Board makes judgment, Vice Chairman Thompson pointed out they must keep this in mind, especially in this case. Vice Chairman Thompson said it should not make any difference because the hardship can be passed on from the original owner, who is grandfathered in'. He emphasized that the property is grandfathered in, not the owner.. Vice Chairman Thompson clarified that was just a comment. Inasmuch as the property is grandfathered in, Mr. Slavin thought the Building Department could have issued a permit. Vice Chair- man Thompson disagreed, saying, "No." Mr. Keehr informed Members of the Board that the Building Department could only issue a permit to the owner if he owned it prior to a certain date - March 10, 1978. Mrs. Artis was not clear on what was meant by the hardship being passed on because the original owner had no hardship. Vice Chairman Thompson agreed that there was no hardship on the original owner; that owner could build at any time; the owner of the property changed and when a property is grandfathered in, Vice Chairman Thompson said that property carries with it non-conformity. However, as Mrs. Artis said, the original owner would have to apply for a variance, Vice Chairman Thompson continued. He added that a second or whatever owners afterwards will have the same right to use the property but will have to ask for a variance. Secretary Gordon asked Miss Patton if the homes on either side of her lot were 50 feet or 75. Miss Patton was not really sure. ~ice Chairman Thompson said 75. Mr. Slavin paced it off and could not say that it was 75. of an inch or 74.8 inches but taking so many paces, and three feet to a pace, gave him an approximate figure of 75 feet. Although Mrs. Artis knew that each case is separate, she was think- ing back to other instances where there was a grandfather clause and the property was transferred. She said she was not getting the same answer. Mr. Keehr said he would try to explain. He informed Members of the Board that the property was made non- conforming the minute it was rezoned. That required a larger frontage and a larger area. However, Mr. Keehr continued, the City Council passed an ordinance that allo~ed for that owner, prior to a certain date, to be grandfathered in to be able to utilize the lot for his intended purpose without a variance. Since that time, Mr. Keehr said there have been other stipulations made pertaining to non-conforming lots. They are primarily that if there are three or more lots in a row (if an owner owns three or more in a row), he must make them conform by dividing them into such manner as they will conform. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Mr. Keehr continued by saying that there was a time prior to the 1978 ordinance passed by Council where all non-conforming lots singularly could be built on, so the City had a phase of different ordinances passed relating to non-conforming lots. A lot isolated by itself would have to meet the criteria of the six questions pertaining to hardships, Mr. Keehr advised. Miss Patton wished to clarify the statement that she made. She did not mean to state that was what her builder told her. Miss Patton had not realized that sounded harsh. She said that was her interpretation, not knowing anything about zones or building, or Whatever. Miss Patton reiterated that was her interpretation of what he was saying, not that he had said that it was just a formality. Miss Patton repeated that was her interpretation of it. She did not mean to give that impression that he said that. It was Mrs. Artis' understanding that a grandfather clause cannot be transferred. Vice Chairman Thompson advised, "Not without a variance." Secretary Gordon asked MiSs Patton if she intended living in the house or if the house was for sale. Miss Patton said it was for her own personal use, to live in. Miss Patton added that she is currently employed at Lake __ Hospital as an Occupational Therapist in Lake Worth. She is now living in Boca Raton. Moving to Boynton would definitely be an advantage as far as the travel distance for her em. ployment. Vice Chairman Thompson asked if anyone wished to speak in favor of granting the variance. There was no response. Vice Chairman Thompson asked if anyone would like to speak against granting the variance. Robert Eichorst, 815 N. W. 6th Avenue, Boynton Beach, Florida, had a little bit of ill feelings about this, not so much because of a home going up there, but if any of the Members had been out in the neighborhood, Mr. Eichorst said they would see what happened to them about three years ago on 7th Court~ He stated that they came in and got seven-foundations put in in one day. Mr. Eichorst recalled that the neighborhood objected to it at that time and were told, "OK. They can't put on 50 foot lots any~more, because we can't stop this because of it." Mr. Eichorst showed pictures to Members of the Board to show the conditions they have in the neighborhood. He stated that they were normal automobiles from the cars that live on the street, and there is no place for them to park. On a Sunday afternoon, or even right now, Mr. Eichorst said you cannot go down the street without going only 5 or 10 miles an hour. Mr. Eichorst stated that this was not counting the holidays. On a holiday, it is completely out of hand, Mr. Eichorst told Members of the Board. - 11 - MINUTES ~ BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Mr. Eichorst continued by saying that they went through this once before. He tried to purchase'this lot. About three years, this same lot was up here with the same problem, Mr. Eichorst informed the Board. He said the woman agreed to sell the lot to him; they had a thing worked out; he wrote her a letter when he was supposed to meet with her. Approximately a week later, a "For Sale" sign went up on her property.. The woman did not want to sell to Mr. Eichorst. She wanted to sell it to someone else. Mr. Eichorst stated that was the woman's prerogative. However, she wen~ to sell it, and they wanted the same thing. They wanted to build a small house on this lot and do away with the different setbacks and what have you, Mr. Eichorst continued. Mr. Eichorst informed Members of the Board that the house on one side is 75 feet. The 'house to the south of it is 100 foot. Mr. Eichorst would not really Object if it was a decent sized home going in and would have ample parking so they would not have to have all of these cars on the street. As far as lots adjoining it to make it bigger, Mr. Eichorst agreed that it is true, there are none. HoWever, less than 200 feet from this lot are two more lots for sale. Granted, the prices may not be right but Mr. Eichorst pointed out that they are 75 foot lots. Mr. Eichorst reiterated that it has been up here before, and they went through the same thing. He repeated that they have all those cars there. About 3-1/2 years ago, Mr. Eichorst had a pool put in, and when his house was built for him, they changed the zoning to R1AA. When he went to put his pool up, Mr. Eichorst said they told him he could not adjoin his screened enclosed area even with his hOuse and run it back because it now was a 7~1/2 foot setback instead of six foot. Mr.~Eichorst had to offset his screened enclosure a foot and a half because of this. Now, Mr. Eichorst said, they are going to give someone the right to come in and put a home on it. Mr. Eichorst told the Board that Mrs. Passage, the woman who owned the property prior to Miss Patton, knew and also (although they did not have any positive proof of it) the person that sold all of these lots to have these houses go up there originally as 50 foot lots also tried to buy, or talk a couple o.f the people on both sides into selling property so they could have room for this lot. Mr. Eichorst pointed out that the same person that tore down part of the neighborhood is still in there. Mr. Eichorst hoped that Members of the Board could see from the pictures or go out there on a Saturday afternoon or a Sunday after- noon and look and see where the cars are. He remarked that it is ridiculous. If they have another home that can only park one car in the driveway (Usually most families have two cars and sometimes even three), it gets out of hand, Mr. Eichorst concluded. Mr. Slavin asked Mr. Eichorst if his hOuse was one block east of this property. Mr. Eichorst replied that his house is to the - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 south of it and backs up to it. Mr. Slavin stated that was one block east and told Mr. Eichorst he was on 7th Court. Mr. Eichorst corrected Mr. Slavin by telling him he is on 6th Avenue and his property backs up to this property. Mr. Eichorst advised him that the lot is 150 feet deep or something like that. Mr. Slavin knew it was a deep lot. He said the house to the south of this is the corner. Mr. Eichorst stated that was right and said it has 100x90 some feet. Mr. Slavin agreed and asked if Mr. Eichorst's house backed up to the house on %he corner. Mr. Eichorst explained that his house is behind the house on-the corner and backs up to the lot they were talking about. Mr. Eichorst informed Members of the Board that his house is at the southeast corner and takes in the south part and eastern half of the lot. Mr. Slavin noted that Mr. Eichorst said he tried to buy the property or offered to,buy the property from the Passage family. Mr. Eichorst replied, "On three different occasions Yes sir." ' Vice Chairman Thompson asked if anyone else wished to speak against the granting of the variance. Robert Heavener, 706 N, W. 8th Street, Boynton Beach, whose house ~is just to the south of this lot, said he has approximately 15 feet between his house and a lot that is fifty foot side. If they put a house in there right now, Mr. Heavener pointed out that his backyard is only about 15 or 20 feet.also. If they put the house in, Mr. Heavener stated it was going to be very close and he would not have any kind 'of a side yard at all. He is on the corner and, granted, Mr. Heavener admitted he has a nice front yard but the back and side are very small. Mr. Heavener told the Board that if they pass this, it will make it look like the houses are cramped right together. Corine Howell, 801 N. W. 8th Street, Boynton Beach stated she was practically directly across from the property that they are discussing. With regard to their property, Mrs. Howell said when the builder built the two homes had to take three lots (which the previous gentleman spoke of) and split it up into 75 feet so they would have a backyard.~ Mrs. Howell made one comment on the chlorine bottles in the lot. She said this was something none of them like but Boynton Beach permits this. In fact, Mrs. Howell informed the Board Members, Boynton Beach provides them with a crate and a truck to pick it up. As long as the City permits it, Mrs. Howell said people will put things on empty lots. She said they feel as though it is a crisis. Mrs. Howell felt as though this house will look like a trailer among bigger homes. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 William R. Wright, 812 No W. 8th Street, Boynton Beach, had a letter of disapproval from his neighbor. He informed Members of the Board that his home is two houses to the north of this lot. Mr. Wright was here three years ago when this proposal was turned down by some of the same members of the Board. He thought Vice Chairman Thompson and Mr. Slavin were there. One of the main things is, Mr. Wright told the Board, all of the houses on N. W. 8th Street face to the front and they all have 75 foot lots or bigger for frontage. He said the home that would have to be built in there would have to be put in sideways like they are on N. W. 7th Street. Mr. Wright felt this would deter from the looks of the rest of the homes on their street. He thought this was the main reason that this was turned down the last time. Mr. Wright thought Miss Patton:, when purchasing the lot, should have been told that this was turned down before. He did not know if she was or not. Mr. Wright was sure that if Miss Patton knew that there was trouble when purchasing of getting this proposal past the Board, that she would not have purchased it. Mr. Wright referred to the chlorine bottles on the lot and said when he moved onto the street, this was designated to him that there was a trash pick up on that vacant lot, so that was where the people put their trash to be picked up by the City. Vice Chairman Thompson asked if anyone else wished to speak against the granting of the variance. Mr. Frank Steele, Miss Patton's brother-in-law, came forward. Vice Chairman Thompson advised him that this was to speak against the variance. Mr. Steele said, "No sir~~ I am here to offer some clarification to a couple of points that these people have brought up." Vice Chairman Thompson told Mr. Steele that if his comments were in favor, to hold them. Vice Chairman Thompson again asked if anyone wished to speak against the granting of the variance. There was no response. Secretary Gordon read the following letter against granting the variance: "September 13, 1982 Board of Adjustmant Boynton Beach City Hall To: Tereesa Padgett City Clerk - 14 - MINUTES- BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 "Re: Location 710 N. W. 8th St. Lot 229, Laurel Hills, 5th Addition Please enter this letter to the Board of Adjustment opposing the request of Pamela J. Patton - relief from 8,000 square feet to 6,975 and 75' lot frontage to 50' lot frontage. Sincerely yours, /s/ Francis & Betty Settle 848 N. W. 8th Ave. Boynton Beach, Fl." Vice Chairman Thompson called Mr. Frank Steele forward. Frank Steele, 1461 S. W. 17th Street, Boca Raton, Florida, again informed the MEMBERS OF THE Board that Miss'Patton is his sister-in-law. To clarify a point that Miss Patton had reiterated, Mr. Steele told the Members of the Board that he is a builder and his pro- fession is a general contractor. Mr. Steele called the Building Department, and he was the one who spoke to Mr. 'Keehr. He called Mr. Keehr about setbacks, size of houses, square footage, etc. and what could be built on a 50 foot'lot. Mr. Keehr advised Mr. Steele at that time that the setbacks were 7-1/2 and whatever they are currently, etc., and that a 1500 square foot plus house had to be built to meet requirements. Mr. Keehr also .advised Mr. Steele that the variance was necessary in order to even do that, and suggested that there were forms that had to be filled out, etc., etc. Basically, that was what they were doing here tonight Mr. Steele continued. ' As he was listening to the comments, Mr. Steele got the opinion that the people fee] that they are going to come up here and build a cracker box or s'omething that is unattractive to the neighbor- hood. Personally, the homes Mr. Steele said the homes he builds average from $500,000 to a million and a half, so he is not accustomed to building small homes. Mr. Steele had a home designed for this lot that would be a tremendous asset to that subdivision. He said they have in excess of 1500 square feet plus an enclosed garage, 3 bedrooms, 2 baths, a formal living room, a formal dining room,, an eat in kitchen, and a family room. Mr. Steele knew, if you had been out to the neighborhood, some homes right around it that would not fit that category of a home. In addition to that, Mr. Steele stated they plan on putting a pool on the rear of the house, because they have a tremendous depth lot. Mr. Steele thought they had submitted a plot plan of the home they had drawn. He wanted to go on record as stating that when this house is finished, it will definitely be an asset to that community. Mr. Steele said he would never build his sister-in-law a home that she would not be proud of. Obviously, Mr. Steele said his sister- in-law is going to be proud of it. - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Mr. Steele hoped that the neighbors would realize that he is not coming up here to build his sister-in-law something %hat would be detrimental to their subdivision because, as a builder and involved in real estate, he would not do that to his family. He would not build his family something that would pull the value of the property down. Mr. Steele stated that he wants to help his sister- in-law, not hurt her, and he wanted the Board and neighbors to understand that because it is going to be a very nice home. When Mrs. Passage advised Mr. Steele that it was necessary to get a variance, that was when he contacted the Building Department, He also went to find out, ~1, if a variance, what he would have to have - how big are the houses. Mr. Steele believed Bert Keehr, Deputy Building Official, might remember the conversation that they had. Mr. Keehr explained all of this to him and told him he would have to come before the Board, M~. Steele continued. He informed the Board that Mr. ~Keehr even told him th~t~if there is property adjacent that is vacant, the chances of getting the variance were probably very low. Mr. Steele meant the percentage was probably not very good. Mr. Steele said to Mr. Keehr that honestly, he was not sure if there were any lots even on the street other than this one. This lot just seemed to be one, first of all, that Mr. Steele's sister-in-law could afford to buy, ~nd Mr. Steele thought that Was an important consideration. Mr. Steele said they checked with other people that had sixty foot lots, and they were not even acceptable. They wanted $20.,000, and Mr. Steele told the Board his sister-in-law could not afford to pay that. Mr. Steele repeated that he builds houses every day for a living, and he pulled the public records. He bet he called 10 or 12 people that ~had lots available, and Mrs. Passage was one of the few, ~1, that even wanted to sell a lot. The others that did had sixty foot lotsr'which you still had to get a variance for and they wanted $20,000 for them too, Mr. Steele informed the Board. Once they found this lot was available and Mrs. Passage would sell it to them, Mr. Steele said M~s. Passage was very up front. She said they would have to get a variance for it and told them they would have to come to the City. Mr. Steele said he works with cities every day, and he told Mrs. Passage he would prepare whatever paper work needed in o~der to obtain a variance. Mr. Steele got a copy of the ordinance and, to refresh the memories of Members of the Board, he read from the Boynton Beach Code, Appendix A-Zoning, Section 11.1. Nonc'on'forming uses and structures, "C. NONCONFORMING LOTS": prior to issuance of a building penuit for construction of improve- ments on 'any of said lot or lots, the owner shall be required to purchase, or acquire, additional adjacent property to meet minimum lot requirements established by ordinance; or in the alternative, to obtain a variance or special exception from the municipal board of adjustment for the use of subject property." - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Like Mr. Steele said, he would think that since there was nothing else to buy (he meant you cannot push the building down to get~ extra land), that it would be like merely a formality. Mr. Steele passed this information ~on to his sister-in-law, and she bought the lot. Mrs. Artis asked Mr. Steele if he was advised that the original owners should have applied for the variance. Mr. Steele replied, "No." If he remembered correctly, Mr. Steele said Bert Keehr told him that the present owner did not have to get the variance, that he would have to get the variance. (if his sister-in-law bought the property, she would would have to get the variance). Mr. Steele thought it seemed strange that one does and one does not, and it is still a house after it is built anyway. If Mrs. Passage was here right now building the house, Mr. Steele said these people (the neighbors~ would not even have a right to be here to even say anything about it but because it is someone else who, quite honestly will build a nicer house that will be far nicer than probably anything on the street, they are here. Mr. Slavin noted a site plan had been submitted, and there will be a 13 foot asphalt drive coming in off of N. W. 8th Street. Mr. Steele said that was correct. Mr. Slavin asked where the front entrance of the house was and whether it would be on 8th Street where he had that little inset. Mr. Steele said, "Yes." Actually, Mr. Steele explained, the first part, where it shows the driveway - the first 20 feet of the~house is garage, and then the entrance is over to the side, which would be about the side of it. Mr. Steele said you would go in to the left, and there is a sunken living room. Mr. Steele reiterated that it is a real nice house and is not a track house but a custom designed house for that lot, and there is not going to be another house anywhere like it in Florida. One thing Mr. Steele wished to clarify was that he has never built in Boynton ~each, so he did not build the othe~ houses and did not know anything about the other problems that the other builders who came in and built the houses that, apparently, the neighbors are upset about. Mr. Steele emphasized that he does not build those kind of houses. You told the Members they could call the City of Boca Raton, Ocean Ridge, and Delray Beach. Mr. Steele said he builds big, nice homes, and that is what he is going to build on his sister-in-law's vacant lot. Vice Chairman Thompson asked if anyone in the audience wished to speak that the Board did not give time to. He explained that if the Board gives time to one side, %hey have to give time to the opposite side. Corine Howell, 801 N. W. 8th Street, Boynton Beach, came forward again and wished to say for the record that on the corner of 8th Street and 8th Avenue, there are two homes in the price range of $140,000. One is in Frank E. Howell's name, Mrs. Howell informed Members of the Board, and is a year and a half old. Mr. Howell would have been here tonight but he was in Tallahassee on business, and he is within 400 feet of the property. - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Mr. S~eele wished to speak again. He stated that he knows Frank E. Howell, who is a Highway Patrolman that happened to become a friend of Mr. Steele. Vice Chairman Thompson advised it really had no bearing on the case. Mr. Keehr wanted to bring to the attention of the Board that he definitely recalled the case, which was three years ago. He informed the Board that the case had prompted him to ask the City Attorney for a legal interpretation of the denial of that variance. Mr. Keehr had a copy of the answer of the City Attorney, which he gave to each Member, and he read from a letter addressed to Peter Cheney, City Manager, and him, dated March 10, 1980 as follows: ' ". .where an owner owns one lot of a prerecorded subdivision which was made non-conforming by lot requirements.. . These owners had no way to make· thew lots conform and further would have no use of said lots except for residential purposes, since they are in resi- dential districts. Therefore, the owners may be deprived of all reasonable use of the property; this would probably constitute an unconstitutional taking of the property. In Florida, the courts have also stated that the state and local governments should not interfere with free alienation or sale of real property. It would therefore seem that in those cases where the owner only had one lot at the time of the ordinance, that even if they sold the lot that owner or the new owner would be entitled to a variance. /s/ James R. Wolf" Vice Chairman Thompson recalled, at that time, at that meeting, it was not truly denied but the owner at that time backed out, hoping to sell the property to Mr. Eichorst. He thought that really was what happened. Mr. Keehr was only repeating what they got from the City Attorney. Mr. Slavin told the Members of the Board that if they would recall when they had the seminars with Dr. Bartley, the one thing he stressed was that you cannot deprive the use of the property because of something the City has done. Mr. Slavin pointed out that the lot was made non-conforming by an action of the City Council, and this is the thing that is uppermost at the moment. Mr. Slavin said this was not a case where somebody is speculating on a piece Of property. They bought the piece of property in good faith to live there, and the Members heard the type of home that will be built. Mr. Slavin did not know what else to say. On the one hand, Mr. Slavin told Members of the Board they have to be guided by the law or, as the saying goes, you go by the book. He said the book has two pages to it: (1) the zoning regulations; (2) the right of usage. Vice Chairman Thompson thought Mr. Slavin said it quite well. He asked if there were any other comments from the Board. Mr. Slavin asked Mr. Keehr if this lot would support the home required by R1AAA dimensions. Mr. Keehr replied, "Yes." - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Vice Chairman Thompson pointed out that there is only one use, and that is residential. Without a doubt, Vice Chairman Thompson said that is landlocked. That reason, at the workshop, was spelled out without a doubt on 'property the Board encounters like this, Vice Chairman Thompson reminded the ~Board. Personally, he knew how residents of the neighborhood felt, but by law, Vice Chairman Thompson said you just cannot deny a person the use of his property. Mrs. Artis referred Vice Chairman Thompson to "b" of the list of requirements and said there was a question in her mind. Vice Chairman Thompson read: "b. That the special conditions and circumstances do not result frcm the acticDs of the applicant." Vice Chairman Thompson questioned if Mrs. Artis wished him to answer with his opinion on that, She answered, "Yes." Vice Chairman Thompson advised, "No. The applicant did not plat the property." Mr. Slavin moved to grant the variance to Miss Patton to construct the home on the property known as Lot 229, LAUREL HILLS 5TH ADDITION for the following reasons: 1. There is no additional land to be purchased on either side. of the property. 2. At the moment, and upon a visual inspection of the property, it was an eyesore, unbeknown to Mr. Slavin that the City told the people there it was a dumping ground. 3. Mr. Slavin personally felt that the property would be improved by the addition of a home rather than having an empty lot which can be construed for further references as a place where you can have a garbage dump. Mr. Slavin called atten- tion to the fac~ that a big piece of property there where some kids can come in there on mopeds, ride around, and do damage to themselves or (in the case of a home) by losing control of the vehicle. He said they have seen that happen on their property. 4. This is the most important one. The non-conforming lot is not done by the purchaser, Mr. Slavin pointed out. Mr. Reiser seconded the motion. At the request of Vice Chairman Thompson, Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion as follows: Motion 5-0. Mrs. Artis - Aye Vice Chairman Thompson - Aye Secretary Gordon - Aye Mr. Slavin - Aye Mr. Reiser - Aye The request was granted. - 19 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Parcel ~3 - Lot 35, Block 27, ROLLING GREEN RIDGE 1ST ADDITION Recorded in Plat Book 24, Page 225 Palm Beach County Records Request - Variance of 1.42' from rear lot line to accommodate new home constructed 23.58' from property line Address - 2170 N. W. 1st Street Applicant - Maxim Building Corporation E. A. Pilch, Jr., Agent Secretary Gordon read from the application as follows: "Property is presently zoned: R-1. Formerly zoned: R-1 Denial was made upon existing zoning requirements frcm which relief is required: R-1 zoning requires 25' rear setback. Nature of exceptic~ or variance required: Owner has constructed a new hc~e 23.58' frc~ rear property line; therefore, a variance of of 1.42' is required. Statement of special conditions, hardships or reasons justifying the requested exception or variance: Reference Section 10-B-3 A.B.C.D. E.F." Name of Applicant: M~m~im Building Corp., P. O. Box U, Sanford, Fl. 32771 Edward A. Pilch, Jr., Construction Superintendent for Maxim Building Corporation came before the Board. What puzzled Vice Chairman Thompson more than anything else was how this happened in the first place with a footer going in, stem wall up, and a survey. Mr. Pilch explained that Maxim Building Corporation builds modular houses, and they are built on a stem wall. Sanford, Florida is where their office is and where Mr. Pilch's office is that he works out of. They hire sub- contractors to do their work and, in particular, Mr. Pilch said they hire a masonry crew who puts in the footers and the stem walls and what have you. Mr. Pilch came down here, checked out the job, and filed for a building permit Mr. PilchWs original plot plan, to properly miss the two trees in the front yard, was resubmitted with a 24 foot rear setback. At the time he actually picked up the permit, Mr. Pilch was made aware that this had to be 25 feet. He so instructed his masonry subcontractors, who were also out of Sanford, Florida. They came down here and did the work. Mr. Pilch explained that the problem was one of complacency. Mr. Pilch informed Members of the Board that they had built the same identical foundation the past year approximately fifty times, and they went basically by memory. Most of the time, it is the front setback that is the one the City is more concerned about than the rear Setback. Mr. Pilch said they knew it was 25 feet, assumed it was the front, and went ahead. The day of the setting, Mr. Pilch came down to supervise that, and the local fill - 20 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 contractor had left a large pile of dirtthat prevented g~tting a~..crane in, and it was costing them about $200 an hour. Mr. Pilch spent the four hours he got down here prior to the time of setting locating a bulldozer to get this pile of dirt out of the way. Again, Mr. Pilch admitted he should have checked the foundation and did not at that time. Three days after the house was set, they were ready for the inspec- tions and got the survey made. It took approximately 15 days for that survey to get back to their office. As soon as it got into their office, Mr. Pilch realized the discrepancy. He drove down the next day, talked with Mr. Keehr, and said they had made a mistake and asked what they should do. Mr. Pitch was instructed, when he talked With the owners, that they wanted to save the trees. He said there are two 30 to 40 foot tall pine trees in the front yard. That was the reason they set the house where they did. Mr. Pilch mentioned this again because the foundation hole was still open the day he was down there and were as close to the trees as they wanted' without damaging those roots in digging out the footer. Mr. Pilch thought they made a wise decision in that respect because here they are, approximately two months later, and the trees are still healthy and well. Again, Mr. Pilch said he could not say that if they had moved the house any closer. Secondly, Mr. Pilch was just recently made aware that~the deed restrictions on the property require two twelve foot living trees at the completion of the building of the house, in the front yard. This was also ~robably why the buyers of the property wanted those trees to remain there. It caused Mr. Pilch a lot of problems to begin with, getting a crane in there, and manuevering the modular onto the foundation. Like he said, Mr. Pilch reiterated that it was just a matter of complacency. Initially, when they started using them; he checked them very thoroughly but once you check them 10, 15, or 20 times or so and they did not ever make a mistake per se, Mr. Pilch said you skip a time or two, and this was one time he skipped when he should not have. To answer Vice Chairman Thompson'-s question on his opening state- Official,ment as tOadvisedhOW thisthatCOuldit ha~,pen,is Bert Keehr, Deputy Building Department to require a tie stated. However, Mr. Keehr conventionally built homes r~ and poured before a building a matter of putting the stem Mr. Keehr stated that there ~ a general policy of the Building n survey, as Vice Chairman Thompson alled attention to the fact that quire the~concrete- slabs to be formed is erected. In this case, i% was just walls' up and setting a house on it. as a time situation in there, whereas, the survey did not come back ~n time. Granted, the house should not have been set until the survey was in their hands, Mr. Keehr continued, but when you have these houses sitting there in the road, they need to be set. He added that they have made different arrangements regarding this type of situation. Mr. Keehr stated - 21 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 that they did this as a courtesy to the builder. It is his responsi- bility to see that the house is set correctly on the property. However, Mr. Keehr advised that the Building Department does require a tie in survey to assure themselves of this fact. Vice Chairman Thompson asked if any of the Members of the Board had any questions. He asked if anyone else wished to speak in favor of granting the variance. There was no response. Vice Chairman Thompson asked if anyone wished to speak against granting the variance. There was no response. Secretary Gordon informed Vice Chairman Thompson that there was no correspondence regarding this matter. Mr. Slavin asked if title had been transferred to the new owners, Mr. Pilch replied, "No." Mr. Slavin saw the property, and he said it was not the fault of the people who bought the hOuse. As Mr. Pilch said, through neglect, the family involved told him that Maxim Building has offered to put them up into an apartment in the West Palm Beach or Palm Beach area, but it is not convenient for the man of the house because he works down in the Boca area or Pompano, Mr. Slavin informed the Bo~ard. He thought Maxim Building realizes they made a grave error here, and they have offered to help by moving the prospective buyer into an apartment until this situation is clarified or not. Mr. Slavin checked With the Building Department. There are no utilities hooked in. Mr. Keehr affirmed that there was no electricity hooked into the house. If you look at the property, Mr. Slavin said you do not know there is a deviation from Code. He talked with the people around the block, and they were just as happy and satisfied in seeing the building up. That was all Mr. Slavin could tell Members of the Board .on the visual inspec- tion that he did. Mrs. Artis questioned whether it was possible to move the house. Vice Chairman Thompson answered that it would encounter a lot of expense because they would have to rebuild a new footer. Mr. Pilch advised that it is not easily moved just like any conventional building. He said this thing was lifted on %~ tke foundation, but the roof is completed, and those lifting ~straps have been cut away. Mr. Pilch remarked, "No way," and addded and added that it would be extremely impossible to go back and pug them- back in at this point. Vice Chairman Thompson stated that the house could be moved without being lifted. He said there is always the possibility of it being jacked up and moved over. Vice Chairman Thompson remarked that it would not have to go up to be moved. Mr. Slavin informed Members of the Board that Secretary Gordon asked him, out of respect to the buyers, that if the variance is granted, -would the buyers be willing to accept title. - 22 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 Kenneth A. LandiS, 2170 N. W. 1st Street, Boynton Beach, advised Members of the Board that he and his wife were satisfied with the property. Vice Chairman Thompson asked what this would do to the owner in case the owner wants to build a swimming pool. Because of the size of the variance, which is minute, Mr. Keehr told the Board there would be no problem at all with a pool back there. He advised that Mr. Landis has 23 foot. Inasmuch as the people that purchased the home are satisfied with it and knowing that trying to move this home would be an "awful mess", Secretary GordOn moved that the variance be granted. Mrs, Artis seconded the motion. Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion, at the request of Vice Chairman Thompson: Vice Chairman Thompson Secretary Gordon Mr. Slavin Mr. Reiser Mrs. Artis Motion carried 5-0. The request was granted. Aye Aye Aye Aye COMMUNICATIONS Secretary Gordon read the following communication: With regret, I hereby resign as a member of the Board of Adjust- ment, effective inmediately. /s/ Theodore Blum Theodore Bi~ August 13, 1982" Councilman deLong spoke up from the audience to say that was acted on by the.City Council two meetings ago, and a replacement was appointed. The replacement is sitting up there (on the Board). Councilman deLong advised that the Board does not act on that. OTHER Mr. Slavin reiterated that he would be away on October 11, 1982, when the Board will reconvene again. Vice Chairman Thompson advised that he will be here. Some Members commented that it was a holiday (Columbus Day). The Recording Secretary said it was not a holiday for the City. Mr. Keehr determined that Secretary Gordon, Mrs. Artis, and Mr. Reiser would be here. He noted that four Members will be present. Vice Chairman Thompson informed him that Chairman Zimmerman would be back. - 23 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1982 ADJOURNMENT Secretary Gordon moved, seconded by Mrs. Artis, to adjourn. meeting properly adjourned at 8:40 P. M. Respectfully submitted, Patricia Ramseyer ~ (Two Tapes) The