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Minutes 08-09-82MINUTES OF' THE BOARD OF ADJUStmENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 9, 1982 AT 7:00 P. M. PRESENT Carl Zimmerman, Chairman Vernon Thompson, Jr., Vice Chairman Theodore Blum Nick Cassandra Anthony DiSarli Paul Slavin George Ampol, Alternate Lillian Artis, Alternate ABSENT Robert Gordon, Secretary (Excused) Bern Keehr, Deputy Building Official City of Boynton Beach Chairman Zimmerman called the meeting to order at 7:00 P. M. He introduced the Members of the Board and informed everyone that George Ampol, Alternate Member, was sitting in for Robert Gordon, Secretary. Chairman Zimmerman said they would constitute the voting Board this evening, and it will take four affirmative votes to pass a motion. Chairman Zimmerman also introduced the Deputy Building Official, who was there to supply the Board with any technical information they may want to know, the Record- ing Secretary, and Lillian Artis, Alternate Member. He encouraged Lillian Artis to enter into the'discussion. Chairman Zimmerman noted the presence of Councilman Joe deLong in the audience. ANNOUNCEMENTS None. C OFf, UN I CAT I ON S Chairman Zimmerman referred to a memorandum dated June 24, 1982 from Carmen S. Annunziato, City Planner, on Court decisions, which all of the Members had. Chairman Zimmerman said they could see how close some hair splitting deciSions get to be at times when they do reach Court. Chairman Zimmerman thanked the Planning and Zoning Dep'artment~ Carmen Annunziato, City Planner; the Building Department; and the City Council for having the Board of Adjustment attend the work shop meetings that were held sometime ago. He thought they had a very good turnout from the.Board of Adjustment?~ and the~Members of the Board got a lot of useful information from those meetings. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9~, 1982 other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hard- ship on the applicant; de 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 harmony with the general intent and purpose of this COde and that such variance will not be injurious to the area involved or otherwise detrimental to the public ~lfare." Chairman Zimmerman said if the applicant and the speakers can keep their discussion on any or all of these subjects, they would help the Board Members sort out those facts that they need to know to make the proper decision this evening. Vice Chairman Thompson informed everyone that the application was received in the City Clerk's office on July 21, 1982. Parcel #1 - The East 40' of Lot 16, together with the West 15' of Lot 17, Block 7, CENTRAL PARK ANNEX and Lot 17, less the West 15'-, together with the West 20' of Lot 18, Block 7, CENTRAL PARK ANNEX, as recorded in Plat Book 12, Page 51, of the Palm Beach County Records. Request Address - Relief from 60' minimum lot frontage to be reduced to 55' lot frontage and Relief from 7,500 square foot minimum lot area to be reduced to 6,435 square foot lot area 125-127 S. E. 13th Avenue Applicaats - Foy and Virgie Ward, Owners Lester Ward, Agent Vice Chairman Thompson read from the application that the property is presently zoned R-lA and was formerly zoned R-1. He further read: "Denial was made upon existing zc~ing requirements from which relief is required: R-lA zoning requires minimu~ lot frontage of 60' & 7,500 square foot minimum lot area." "Nature of exception or variance required: Owner has tw~ lots that each have 55' frontage & 6,435 square foot lot area; therefore, a variance of 5' lot frontage & 1,065 square foot lot area is required," - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1R82 "Statement of special conditions, hardships or reasons justifying the requested exception or variance: A. Many'hc~es in the~ssme district built on 50' lots. B. Subdivision was platted and approved With 50' lots. C. No special privilege ~hen other hcmes in district have 50' lots o D. Owner would have to build too large a home for the neighborhood or the same size home on too much land, therefore, creating an overbuilt situation. E. The variance requested is the minimum. F. This variance would ~not be detrimental to the public welfare." Vice Chairman Thompson said a Permit was denied by Deputy Building Official Bert Keehr.~ Mr. Lester Ward came before the Board and informed, them that his mother and dad, Mr. and Mrs. Foy Ward, 225 N. W. 1st Avenue, BoYnton Beach, Florida, have owned these lots since 1955, when they built five houses 'on S. E. 13th Avenue. That left them with two lots. At one time, Mr. Lester Ward told the Board, his brother-in-law and sister were going to buy the lots which his mother and dad had deeded to them and build a duplex on them. Mr. Ward informed the Board that the street was zoned for duplexes, and then the zoning was taken away, and no further dUplexes were to be allowed. Mr. Lester Ward told the Board his brother-in-law and sister then gave the lots back to his mother and dad, Mr. and Mrs. Foy Ward. He said his parents (Mr. and Mrs. Foy Ward) are of the age and health now where they do not feel like going through the process of getting construction loans to build a house on either one of the lots, ~which are grandfathered. Mr. Ward said his parents could build them, adhering to the present setbacks. On a 55 foot lot with 15 foot side setbacks, ~. Ward said that woUld leave enough room to build a 45 foot wide house, and the lot is 117 feet deep which, with a 45 foot setback in front and a 25 foot setback in back, would still leave'.room on the lot to build a sizeable house. Mr. Ward did not see anyone buying the lots to build a more expensive house than what 'is already on the street that has been there for 25 or~30 years. Mr. Ward said his mother and dad (Mr. and Mrs. Foy Ward) would like to sell those lots and are unable to (according to the real estate people) because each individual abutting lot would have to come before the City with their $150 applications. He stated that everyone has found that out with that type of a deal. Mr. Ward said they would like to get a variance in order to sell those lots. Anyone that does buy the lots, naturally, would have to adhere to the setbacks, Mr. Ward continued. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 To make the lot a 60 foot lot, which would be the minimum, Mr. Ward pointed out that it is only 117 foot deep, so you still would not have the 7,000 and some square foo%. Mr. Ward stated that you would have to make a 70 or 75 foot lot, and then you would have a piece of a lot left that could not be sold or nothing built on it at all. He informed the Members of the Board that the majority of houses on that street are on 50 and 55 foot lots and have been ~i~e a way,back (30 some years ago).. Chairman Zimmerman noted that they were short 1,065 square feet on the total requirements for the lot and 5 feet on the frontage. He said those are the two variances Mr. Ward was asking for. Mr. Slavin asked Mr. Ward if his parents had a buyer or buyers for the property at the moment. He heard Mr. Ward say they had prospective buyers. Mr. Ward replied that the property is listed with the real estate people, and he did bring some people by until they were told that the lots were not the proper size and they would have to come before the Board with a $150 application. The real estate people said the people said,"No." '.As ~a matter, of fact, Mr. Ward continued, one of the surveyors (John Suiter's son) inquired about buying one if he ~could build a house on it. Another one was Mr. John Churey, who is a local businessman here in Boynton Beach. Chairman Zimmerman told Mr. Ward he would be given a chance to speak later on. He informed everyone that there were no communications in favor of granting~the variance. Chairman Zimmerman asked if anyone in the audience wished to speak in favor of the granting of the variance on these two lots. There was no response. Chairman Zimmerman advised that there were no communciations against granting the variance. He said the Board would hear any- body in the audience who was against the granting of the variance. There was no response. Mr. Ward had nothing further to say unless the Board wished to ask him some questions. Vice Chairman Thompson pointed out that the property in question was only two lots. If there are three or more, it would become a different situation, which would not affect this. Vice Chairman Thompson said if there were three, they would have to break it up. Vice Chairman Thompson took a look at the property and, as Mr. Ward stated, all of the houses there are on 50 or 55 foot lots, and they are th~ only two vacant lots on the whole street° Vice Chairman Thompson believed to combine the lots~ to make one piece of property for a house would be exceeding the value of what houses are on the street now, as the houses ~are the minimum size. Mr. Ampol, Alternate Member, asked to be excused because Foy Ward is a personal friend of his, and he did not want anyone to think he was playing favorites. He wished to be excused from voting. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Chairman Zimmerman advised that Members were obligated to vote unless they have a direct conflict of interest in some way. He asked Mr. Keehr if this would be considered a conflict of interest. Mr. Keehr answered that it would be his interpretation that there would have to be a direct money 'situation where Mr. Ampol would be in favor of gaining some compensation, and he did not believe that would be true. Councilman deLong came forward to advise that the City Attorney has ruled on many occasions before the Council that unless you have a financial 'interest in it, there is no conflict of interest. Vice Chairman Thompson stated that it was pointed out in the Board's Workshop that once you hear a case, you have to cast a vote. He said Mr. Ampol is on the Board and has heard the case, so he would have to cast a vote regardless. Chairman Zimmerman did not think it would cast any bias on the case anyway. He said seven members would be voting. Chairman Zimmerman wished to consider each of the five questions separately, and read. the first question: "a. That special conditions and circumstances exist ~qich are peculiar to the land, structure, or building involved and which are not applicable to other lands, stoactures, or buildings in the same zoning district;" The applicant answered the question on the aPplication form. He. asked if anyone on the Board Would like to express an opinion for themselves or how they thought others might feel on the Board concerning the question. He read the applicant's answer to the question: "~3ny homes in the sam~ district .~ .built on 50~ ~16ts. ,, Chairman Zimmerman told the Members that if they were satisfied that answers the question, they had resolved "a". Mr. Ampol said with regard to the answer, "That is true." Chairman Zimmerman asked if anyone wished to dispute that. Mr. Slavin called the Board's attention to the research done by the Building Department. It goes back to 1925, which is almost 60 years ago, and at that time 50 foot lots were platted. Mr. Slavin said they are grandfathered in. With conditions being what they' are, Mr. Slavin thought the Board should take into consideration the ages of the owners. He felt these things were valuable to consider. In addition to that, Chairman Zimmerman called attention to the fact that the property has been widened by the addition of part of another lot and increased from 50 feet to 55 feet somewhere along the line to increase the frontage, which strengthens the situation for the applicant to some extent. Chairman Zimmerman began to read question (b). Before Chairman - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Zimmerman read (a) through (f), he felt that it should be noted that because Chairman Zimmerman went through (a) and there were no comments, it did not mean that any Of the Board Members were in agreement or disagreement with Chairman Zimmerman,3s statement when he said, "No discussion on (~i), so, therefore, it is OK. No discussion on (b) so, therefore, (b) is OK." Mr. Cassandra thought the Members should be warned not to lead to wrong conclusions because there are no discussions on points (a) through (f) Mr. Cassandra did not know whether the procedure or what Chairman Zimmerman was doing was proper. He thought it kind of. implied a conclusion before the Board Members vote. Chairman Zimmerman said he would like for each Member, as they go through each question, to give any disagreements they have with what comments are made or what the applicant has said on the application in regard to the questions. He r.eminded the Members that all six of these conditions are to be satisfied by the appli- cant or other speakers in the minds of the Members before they can really legally vote to grant the variance. Chairman Zimmerman emphasized that all six are to be satisfied. Vice Chairman Thompson commented that if they are going to try to satisfy all six and since there are sev~n people in the dis- cussion, it would be possible to get 42 different results in answers. In going through this and asking himself the question, Vice Chairman ThOmpson said he could think entirely different than what Mr. Cassandra feels about it. He said it might satis- fy him but not satisfy Mr. Cassandra. Uice Chairman Thompson did not think the Board was ever going to get an application that is going to truly~satisfy all seven members six times in the same respect. That was the reason Chairman Zimmerman opened it up for discussion, so he could get different opinions. Chairman Zimmerman wished to go back to #1 once more again and see if anyone else on the Board had a different feeling of whether the applicant has proven to the Board that this 'condition exists in (a). Chairman Zimmerman said if any Member had a different feeling than what has been expressed, now is the time to say it. Mr. Slavin compared it with introducing people at some affair and the toastmaster says, "Hold your applaUse until everybody has been introduced." He said it is the same thing as Vice Chairman Thompson said. You have seven people, six questions, and 42 answers, so it could go on quite awhile. Mr. Slavin told Chairman Zimmerman that the Members know what the situation is; they received their problem, digested it, and worked it. He said Members studied it, and now they are going down to the final lap. Mr. Slavin suggested they go down through (a) through (f), the six points involved, and hold any comment until they are polled for a ballot. At that time, Mr. Slavin said any expression can be given. Once you start voting, Mr. Slavin advised everything finalizes. ' Chairman Zimmerman believed Members would be allowed to change their minds. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Mr. Slavin was not speaking out loud, that anybody would know how he is thinking. He argued, "#1, when you say I would be allowed to change my mind, until the vote is taken, anything could happen." Chairman Zimmerman agreed that was right. Mr~ Slavin said he would go along with Vice Chairman Thompson, and as Mr. Cassandra said, the fact no comment was made it shoUl.d not be taken for granted that it is one way or another. Mr. Slavin .said the Board is studying the situation and it is final. When they go through item (f), ~he said Chairman Zimmerman could aSk again or call for a vote. This way, to ask after everything, as Vice Chairman Thompson said, there ~could be 42 answers, Mr. Slavin Pointed out. Chairman Zimmerman had no intention of asking each person on the Board each particular qUestion. Chairman Zimmerman~stated he would like to have someone express their opinion and if anyone else disagrees, have the disagreement made at the time they go down the list. Chairman Zimmerman believed that would be the quickest way and a thorough way of do- ing it. Chairman Zimmerman read the question 'for (b): "That the special c~.nditions and circumstances do not result from the actions of the applicant." Chairman Zimmerman said this has always been considered in every one of the variances heretofore. The Board has not dwelt on all of these six this precisely before but they had on this (b). Chairman Zimmerman asked if anyone had a conclusion and read the applicant's answer: "Subdivision was .platted and approved with 50' lots." Chairman Zimmerman noted that the applicant did not do this so that answered the question, in his opinion. He asked if anyone disagreed and saidl they should speak up. Chairman Zimmerman began to read (c). To facilitate and expedite the meeting, Mr. Cassandra thought it might be easier to go in the converse and~ask if there is anyone who disagrees with any one of these and let them speak. If there isn't any, that means that by acception, everyone agrees, and they could get to the matter at hand. At the Workshop, Chairman Zimmerman recalled that the attorney or professor in charge said they should make a specific fin~ing on each of the questions. He did not know if just considering all six in just one lump sum vote as they have done previously would be satisfactory. Mr. Keehr, Deputy Building Official, thought it could be handled in one question. If one person agrees or dis- agrees that person can speak up. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Mr. Slavin asked if they were talking about question (b) now. Chair- man Zimmerman wOndered if the Board Members wished to go down the list anyway. Mr. Ampol thought Chairman zimmerman should go down the list, and if anyone wi'shed to object, they should speak and give their reasons as to why they object. Chairman Zimmerman reiterated that he only brought this up to try and take the ques- tions separately because of Dr. Bartley's insistence that this would probably be the safer thing for the Board do in most circum- stances. Mr. ~iSarli did not feel there was a need to do it and they should go ahead and take a vote. Mr. DiSarli called attention to the fact that everyone has everything before them, and they should go ahead and take a vote whether to grant the variance or not to grant the variance. Mr. DiSarli said if anyone wishes to speak againS~ it, let him do it. Chairman Zimmerman asked how many Members were of that opinion and wanted to see them raise their hands. Mr. Slavin suggested that Chairman Zimmerman continue reading the answers regarding Section 10 (a) through (f). He said Chairman Zimmerman could read-how Mr. Ward answers the questions and refresh the Board as to what the problem is so that the Members will know why these questions were answered in this manner. Chairman Zimmerman agreed that would not take long. As he said a moment ago, Mr. Slavin pointed out that everybody has studied this, has'had time to digest these things, and now he thought they could proceed further. Chairman Zi~merman asked if Mr. Ward should come to the microphone. Mr. Slavin replied that Chairman Zimmerman should read. Mr.' Slavin read: "(b~iThatthe speclalcc~di~ons~and .... circum- stances do not result frc~the actions of the applicant." Mr. Slavin remarked, "It's a known fact! We have no discussion for~ that!" Chairman Zimmerman determined that was answered satisfactory. Mr. Slavin stated that when they get down to (e) and (f), the Members will then know where they are at. Just to take up his answers is meaningless unless the Members know what the question is, Mr. $1avin advised. Chairman Zimmerman agreed it would clarify it, and he asked how many of the Members would be willing to do that. The Members were agreeable. Chairman Zimmerman commented that there was only one variance tonight. Chairman Zimmerman read: llC. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights cc~mon!y enj0yed by other properties in the Same zoning diStrict under'the ~eIms of the ordinance and ~uld work unnecessary and undue hardship on the applicant." Mr. Blum pointed out that was (d~ and Chairman Zimmerman was read- ing the wrong paragraph. Chairman Zimmerman thought they were lettered wrong in the. book. Mr. Slavin was quoting from the-Board of Adjustment's "bible", and he thought Chairman Zimmerman was quoting from the Code Book. Chairman Zimmerman advised that there are two different Code Books now or two different printings. He - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 did not check to see if they were both the same. Chairman Zimmerman read (c): "That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district." Vice Chairman Thompson read the applicant's answer to (c): "No special privilege when other homes in district have 50' lots." As there were no remarks, Chairman Zimmerman moved to (d~, which he previously read in error. He again read: "d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the .tezms of the ordinance and would work unnecessary and undue hardShip on the applicant." Mr. Blum read the applicant's answer: "Owner would have to build too large a home for the neighborhood or the same size home on too much land, therefore, creating an overbhilt situation. As no one wished to elaborate, Chairman Zimmerman proceeded to (e): "e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure." Mr. Slavin read the applicant,s answer: "The variance requested is the minimum." Vice Chairman Thompson called attention to the fact that the answer is, "The variance requested is the minimum." Vice Chairman Thompson said it is the minimum to pass but not the minimum. Vice Chairman Thompson advised that t~e minimum requested could be a foot. Vice Chairman Thompson reiterated it is the minimum requested to be passed. He said the next person would think that 1,065 feet is the minimum. That is not the minimum. One footis the minimum. Mr. Bert Keehr, Deputy Building Official, added that the applicant is asking for a minimum variance insomuch as he is asking for two lots rather than perhaps three. In order for the two lots, which are identical in size, to receive the same treatment, Chairman Zimmerman advissd that there has to be a variance asked of five feet frontage and some square footag~ allotment on each. He said there is no argument there. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Chairman Zimmerman read the last question: "f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter- and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare." Mr. Slavin read the answer: "This variance would not be detrimental to the public welfare." Chairman Zimmerman asked if anyone wished to make any remarks regarding (f). Vice Chairman Thompson personally felt that this was without ~.'a doubt "a cut and dry" case.~ He thought Mr. Ward met all of the criterias necessary for the granting of a variance. However, Vice Chairman Thompson could see many problems in the future if the Board follows the wording of some of'the criterias~ to grant a variance, such as the one he pointed out about "e. The~variance requested is the minimum." Vice Chairman Thompson felt that could be pretty serious when none are requested. He pointed out that each time a person asks for a variance, it is the minimum requested. Vice Chairman Thompson further referred to, "f. This variance would not bedeterimental to the public welfare., He advised that if a person is asking for a request .of a grant of a variance, he did not know of many cases since he has been on the Board of Adjustment where it would be detrimental to the public welfare. Vice Chairman Thompson explained, "A setback of five feet or whatever-." He stated that it might be out of line of what is in the neighborhood (.2 or 3 feet) but it would not be detrimental. - Chairman Zimmerman believed (in a public audience situation where the public has the right to express their opinion.and be present since it has been advertised) if they do not express any Objection, evidently the damage to their property is not too great. ~ Vice Chairman Thompson would not say that, as he did not think it was necessary for a person to be present to want a variance denied. H.e did not think the Board shauld base it on whether a person is present or not. Vice Chairman Thompson thought it should be based on the facts presented before the Board. Vice Chairman Thompson felt the Members would find that thiS is truly a grandf~thered situation, and the-re is no problem. In his personal opinion, Vice Chairman Thompson did not see Where they 'had any kind of problem in this particular situation~ He pointed out that there are some that are bordering the line, which just would not meet all six of these criterias. Vice Chairman Thompson commented that it is impossible. In the years that Mr. Slavin has been on the Board, he said they never had a request for a variance that would permit the sale of a - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 lOt. Ail requests the Board had in .the past were to construct, Mr. Slavin recalled. He asked how this would affect future requests which grew up in this particular area an~d the original owners are grandfathered in. Mr. Slavin pointed out that it is the only vacant property on the Street, etc. He told Members~of the Board to suppose that in the future somebody starts speculating in lots and they say, "Look what you have done there." Chairman Zimmerman advised that they have to stay within the two lot situation. He did not see any great problem there himself. He asked if Mr. Keehr or anybody else did. Mr. Keehr stated that they have had other cases where people did seek a variance just to make a piece of property salable~ He repeated that they have had others.. Whether they stated that in their application or not, Mr. Heehr did not know. Mr. Cassandra recalled that the Board did have one. It was the last piece of a plot, and he remembered that the Board did give a variance. The realtor was here representing the applicant as the personal representative, but it was still a~variance on a salable lot, Mr. Cassandra continued. He thought they could also put a time on this request. Chairman Zimmerman stated it was within the power of the Board. Mr. Slavin thought this was something entirely different. He said you could put a time on a building permit and start from construction but with the present state of the real estate market, Mr. Slavin did not know if it was a buyer's market, a seller's market, or any market, So how could you say if you granted the variance, "Yes. You have X number of days, weeks, or months to dispose of the property." Mr. Slavin did not think that was being fair should a variance be granted. Mr. DiSarli moved to grant the variance, seconded by Vice Chairman -Thompson. At the request of Chairman Zimmerman, a roll call vote was taken on the mOtion by Patricia Ramseyer, Recording Secretary: Mr. DiSarli Mr. Blum Vice Chairman Thompson Chairman Zimmerman Mr. Ampol Mr. Slavin Mr. Cassandra Motion carried 7-0. The variance was granted. Aye Aye Aye Aye Aye Aye Aye Other Mr. Cassandra informed Members of the Board that he would not be here during the week of September 13 (Monday through Friday), as he would be out of the country. Chairman Zimmerman said that Lillian Artis, Alternate Member, would be here. He asked what other. Members might be'missing, as he miqh~ nat he here too. Mr. Slavin advised he would not be available the end of September or the first part of October, as he would be going away the 30th of September and will - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 not be back until the 19th of October. In other words, Mr. Slavin said he would miss the 2nd meeting in September and the 1st meeting in October. From what Mr. Slavin understood there would only be one meeting. ' Bert Keehr, Deputy Building Official, asked if the Board wanted to put a limit on the number of cases. Chairman Zimmerman thought in one evening, they sometimes get loaded up pretty much, especially if they want to go through the questions as they have-been advised to do. Mr. Keehr/~advised that if the Board woUld set a number, he would abide by it. Mr. Ampol thought· two would be enough-i. Chair- man Zimmerman said it would mean more meetings and more likely at least two meetings a month. Mr..Ampol commented that he would not want to be here until 11:30 or 12:00 o'clock. He stated that they started at 7:30 years ago. Vice Chairman Thompson was not for two meetings. Chairman Zimmerman asked how the ~r~est felt. Mr. Blum stated he~wasnot fortwo~mee~ingS but~woutd.besatisfi_e~with.~three cases. Mr. Slavin said~they started at' 7:00 P. M, and this particular action took 45 minutes, so he thought three was fair enough. Chairman Zimmerman believed the majority was in favor of three cases and told Mr. Keehr if he could hold them within three, he believed the Board could concentrate on them better. Vice Chairman Thompson.thought the Board should talk abou~ the procedure they would follow in going through the six criterias. He thought perhaps this would help and they would not have to discuss it the next time. Vice Chairman Thompson knew that the Members of the Board are to take into consideration all six of these. In his personal opinion, Vice Chairman Thompson did not think they needed to take each question individually. He thouqht the person should be reminded and have it in mind that they have to decide on six criterias and asked how they feel about ~hem. If there is any discussion on any particular one, they could talk about i~. If the person who makes, the motion would include a statement to the effect tha~"having found all six conditions favorable to the granting of the variance, his motion would be resting on that", Chairman Zimmerman said it would show.up in the minutes. In his estimation, Chairman Zimmerman felt that may be satisfactory. It was rather new to him. Chairman Zimmerman thought they should try to get it into the minutes that they have made a determination of all six of these and they have been met. · Vice Chairman Thompson had a question about meeting all six. His question ~here are ve~3y f~w areas in Boynton today where they would find that all lots are going to meet ~the ~required frontage. Vice Chairman Thompson emphasized that there are very few. Some are because of the variances that have been given to the different isareaSasked,in the. a. CitYwhether,Of BoyntOnin thisBeach which means'that if the question case, has it met the frontage,", when you go to another area and the area they discussed the last time (N. E. section of west of U. S. 'l), there are very few lots - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 that will meet this criteria. Vice Chairman Thompson remarked, "Who knows what happened when they charted that?" He said they are all different sizes. Mr. Lester Ward thankedP~ on behalf of his Mom and votes. Members of the Be Mr. Ward said his Dad wa up to it. Mr. Slavin thought when he Board for their time and consideration Dad, Mr. and Mrs. Foy Ward, and for their ~ard inquired about Mr. Foy Ward's health. Lted to come to the meeting but did not feel he Building Department studies the requests for variance, tl ey take into consideration the criterias (a) through (f) because that is their ground for rejecting it. When it comes before the Board, the Board knows what the criteria is, Mr. Slavin continued, may lie. Chairman Zimmer aware of these at the tim ing $150. He has to scru Department before it gets Mr. Slavin was not disagr only saying that when the denied. Otherwise, the Bi The purpose for the denia pointed out. He said the they should work on that audience present of 100 p~ thing to sway the Members What sways the Members is~ said the Board goes by fa( book and know what the Chairman Zimmerman did no~ tell somebody who comes u~ says, "You are not talkin~ can only consider that paz Mr. Slavin was saying. Th audience in andthe Board knows wherein the problem man added that the applicant is made e of filling out the application and pay- tinize the application with the Building on the Board's agenda. ~eing with Chairman Zimmerman. He was Board gets the application, it is >ard would not be getting an application. [ is stated in the'application, Mr. Slavin Board knows what the criteria is, and The fact that the Board may have an ~ople (50 for and 50 against) is not any- of the Board, Mr. Slavin told the Members. "Is it a hardship? etc." Mr. Slavin ~ts, and the Members have to go by the ~k is. know if the Board had the right to to the podium from the audience and on these fi~e~items." He said the Board of it that does apply. That was what fact that the Board has a public ~Slavin's opinion) sways the workings of no way (in Mr. the Board. Mr.. Slavin told the Members of the Board they listen, but they have the criteria to work on. They will listen and learn, but the people who speak in public audience are not aware of the areas (a) through (f), Mr. Slavin continued. Chairman Zimmerman thought he did tonight, so the aud about. He thought the aud. Chairman Zimmerman pointed he would read over the six points, as [ence would be aware of what they can talk [ence should restrict them to that. Often, out, the Board has listened to people coming up who are so far a~ield that probably the Board has felt like saying it does not dc any good talking about that subject. He asked the Members if they could turn the audience off by saying it does not mean anything and they should go back and sit down. Chairman Zimmerman did not think they should. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA AUGUST 9, 1982 Chairman Zimmerman said they were trying to get on the record of the minutes the Board's determination of the six items. As Chairman, Vice Chairman Thompson thought it was good for Chairman Zimmerman to read the criterias to be met. He said all six of them should be read at the beginning of the meeting. Vice Chairman Thompson thought it was great for the people in the audience. Vice Chairman Thompson~said Members would know the ones that have been denied and those would be the ones they should discuss, as they would be the only ones in question. Members~ expressed their agreement with Vice Chairman Thompson. Chairman Zimmerman added %hat the maker of the motion could very easily include in there %hat inhis opinion, all six criteria have been met, if he is asking for 'approval of it. If he is not, then he can state on what basis~of these six, he is denying it. Mr. Cassandra wished to summarize, so the Members would not be there until 9:00 o'clock. At the beginning of the meeting, when the Chairman acknowledges the Board Members and the visiting dignitaries, Mr. Cassandra said he could then tell the applicant the five or six criteria. Chairman Zimmerman pointed out that the applicant knows them. Mr. Cassandra advised he wanted to read them out loud for the audience and the minutes the reason why the Board will consider this particular applicant. Then, Mr. Cassandra thought the people could discuss it and it could go for a vote. He did not think Chairman Zimmerman should go around and ask each Member to give a discussion. Chairman Zimmerman told Mr. Cassandra the Board did not attempt tO do that tonight. Each question was brought up, and that was all. Mr, DiSarli added that they had answers for them too. ADJOURNMENT Mr. Cassandra moved, seconded by Mr. DiSarli, to adjourn~ meeting adjourned at 8:00 P. M. The Respectfully submitted, P&tricia Ramseyer /~ Recording Secretary (One Tape) ~ - 15 -