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Minutes 06-14-82MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 14, 1982 AT 7:00 P. M. PRESENT Carl Zimmerman, Chairman Vernon Thompson', Jr., Vice Chairman Robert Gordon, Secretary Theodore Blum Nick Cassandra Anthony DiSarli Paul Slavin Lillian Artis, Alternate ABSENT George Ampol, Alternate (Excused) Bert Keehr, Deputy Building Official Chairman Zimmerman called the meeting to order at 7:00 P. M. He stated that George Ampol was~excused due to the serious illness of one of his grandchildren. Chairman Zimmerman introduced the Members of the Board, the Deputy Building Official, the Recording Secretary, and the Alternate Member Lillian Artis. He encouraged Lillian Artis to enter into the discussion. '~ Chairman Zimmerman noted the presence of Vice Mayor Warnke and Councilman Joe deLong in the audience. ANNOUNCEMENTS Bert Keehr, Deputy Building Official, announced that a workshop meeting was coming up for the Board of Adjustment Members and who- ever would like to attend, which would relate to zoning and especially to the Board of Adjustment. kccording to Mr. Annunziato, City Planner, the speaker is very good and knowledgeable on the problems that come before this Board, including the Planning and Zoning Board. Mr. Keehr thought it would be a good opportunity for Members of the Board to ask questions and said that he would be there. Chairman Zimmerman requested Members to attend on Tuesday and Wednesday nights, June 22nd and 23rd, 1982, at 7:30 P. M. in the Conference Room, Building, Engineering, Planning amd Zoning Building. MINUTES OF MAY 10, 1982 Mr. Cassandra made the following corrections: On page 22, next to the last paragraph, the word "bearings" should be changed to variance. At the top of the page, third line down on page 26, "FF" should be changed to FM station. MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 On page ~8, the second paragraph, the last word should be trans- mission, not microwave conception. Mr. Cassandra moved to accept the minutes as corrected. was sedonded by Vice Chairman Thompson and carried 7-0. The motion Chairman Zimmerman noted the presence of Councilman Samuel Lamar Wright, who just arrived at the meeting' at 7:05 P. M. PUBLIC HEARING: Chairman Zimmerman read the names of the applicants who would be heard tonight. He said they would be taken in the order that they were advertised in the paper. He said the Board's Secretary would summarmze the variance applied for and then the applicant or his agent would come to the microphone and state their cause. As a part of the public hearing, the Secretary will read into the record any letters received and anyone in the audience may voice his stand at the microphone, and then the same procedure would be followed for those against the variance. Before closing the public hearing, the applicant or his agent will be allowed a brief rebuttal. Only by request of the Board will any participation from the audience be permitted after this point, Chairman Zimmerman explained. Parcel #1 - Lot 18, MANGO HEIGHTS Recorded in Plat Book 30, Page 55 Palm Beach County Records RequeSt - Relief from required 25' rear. setback to 18.84' setback to construct an addition to existing structure Address - 206 S. W. 4th Avenue Applicant - Donald E. Cleveland rear Mr. Gordon, Secretary, read the application which said the property ms presently zoned R-lA and was formerly' zoned R-lA. He further read: "Denial was made upon existing zoning requirements from which relief is required: In R-lA zoning, the rear setback requirement is 25'. Nature of exception or xrariance required: Owner is requesting a rear setback of 18.84, therefore requiring a variance of 6.16' Statement of special conditions, hardships or reasons justifying the requested exception or variance: Owner wishes to construct a 15' addition to the rear of his home, in allowing room for his ailing mother-in-law." Donald E. Cleveland and his wife Debra Cleveland, 206 S. W. 4th Avenue, Boynton Beach informed the Members of the Board that with the existing variance, they could only go back approximately eight feet to the south of their property, which is hardly enough room to build much of a room. For his wife's mother, Mr. Cleveland said they wanted to construct a room 15 feet deep. It would be a bed- room, and Mr. Cleveland said they have two baths mn the home now. He added that they have two children, so the two baths would be - 2 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 plenty sufficient, and the~additional fiable. bedroom would be justi- Mr. Cassandra visited the Cleveland home and asked if the concrete patio he saw was under 15 feet. Mr. Cleveland replied that it was approximately nine feet. Mr. Cassandra asked if he wanted to add another six feet of concrete to that. Mr. Cleveland answered that was correct and said they have owned the property since last June but have been residents of Boynton for five years. He said the concrete was there at the time. Vice 'Chairman Thompson wondered if the Clevelands purchased the property on May 7, 1981. Mr. Cleveland answered, "Yes sir." Vice Chairman Thompson also visited the property and viewed it from the street. He also noted that the neighbor at the rear had a six foot fence, which he thought may be something that might play some importance in making a decision. Mr. Cleveland informed the Board that his neighbor just constructed a pool there. As far as they knew, none of the neighbors had objected, Mr. Cleveland told the Board. Chairman Zimmerman told Mr. Cleveland he would have the right of rebuttal after the public audience if he wished. Secretary Gordon reported that there were no communications. Chairman Zimmerman asked if anyone in the audience wished to speak in favor of granting the variance. There was no response. He asked if anyone in the audience wished to speak against the variance. There was no response. On the surveyor's map, Mr. Slavin called attention to a concrete patio outline and asked Mr. Cleveland if he was going to use any part of that patio for the addition. Mr. Cleveland replied, "Yes.' He said it would be raised approximately three inches. In other words, the patio would be raised and extended out for the new addition. Mr. Slavin asked if you take the size of the patio into consideration, would it still need the same amount of footage for a variance. Mr. Cleveland replied, "Yes." Vice Chairman Thompson commented that if you look at it, you are talking about the patio area, which he was sure Mr. Cleveland planned on using all of it, that is, east and west, which happens to be 45.6 feet. S~cretary Gordon advised that there was no correspondence in opposition to the application ~for variance. He asked if anyone in the audience was opposed to the variance. There was no response. He asked if Mr. Cleveland wished to speak, and he did not. THE PUBLIC HEARING ON PARCEL ~1 WAS CLOSED. Mr. Cassandra was confused and asked if the room was going to be 45~.feet long by 15 feet. Mr. Keehr replied that was correct. Mr. Cassandra asked if it would be one room. Mr. Keehr answered, "Not necessarily. It Could be built into a closet or an addition to a spare room. Mr. Cassandra asked if it was immaterial to the variance request as to what he does to it. - 3 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Chairman Zimmerman' thought the matter of hardship was a thing the Board is usually interested in. He referred to hardship created by some action of the City or other governmental bodies. In looking at the reason given by Mr. Cleveland, Vice Chairman Thompson guessed this would be termed as a self imposed hardship more so than one placed on them by the City of Boynton Beach. He said it was possible there could be another one he was overlook- ing. Mr. Cassandra thought the word "hardship" was eut and dry. People cannot live under one roof because of the volume of bodies~ which he felt was a hardship of living conditions. Mr. Cassandra said the home was bought in 1981 and they were probably aware of the zoning requirements and setbacks, so there was nothing that the City, County or State had imposed on them. Mr. Cassandra noticed that they all had fences, and he did not think anybody could see what the next neighbor has anyway. He stated that it would not be an eye sore if it was extended out. By the same token, Mr.. Cassandra did not see anything else up out there. He said it was a corner plot, and as he stood at the fence, the line was pretty straight. Vice Chairman Thompson commented that the house happens to be 34~96' back now. If Mr. Cleveland has to stay in the 25 foot set- back, 'the room',addition could only roughly be nine feet, which is small, Vice Chairman Thompson pointed out. Mr. Slavin noted it was a hardship of their own creation but said at times we think with our hearts as well as our heads', He felt sometimes they could bend backwards when there is nothing degrading to the neighborhood, as there are fences all around. Vice Chairman Thompson asked if it would be a flat roof. Mr. Cleveland's plan was for a flat roof. He advised that if they went with a pitched roof, they would have to go approximately 3/4 of the existing rear roof in order to get a pitch on it. Mr. Cassandra moved to grant the variance of 6.16 feet to Mr. Cleveland, as he felt it would not break the symmetry of their home since they are just coming out from the same foundation. He felt that the word hardship had to be evaluated by each individual case. Mr. Cassandra said he knew'what it was like to have someone living when there is not room for that person~ Mr. Cassandra felt the hardship was there in reference to bodies in the home. Mr. DiSarli seconded the motion. A roll call vote was taken on the motion by Mrs. Ramseyer, Recording Secretary, as follows: Mr. DiSarli _ For Mr. Blum - For - 4 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Vice Chairman Thompson Chairman Zimmerman Secretary Gordon Mr. Slavin Mr. Cassandra Against No No For For The motion was passed 4~3 to qrant the variance. Parcel ~2 - Lot 12, Block 5, SKY RANCH ESTATES Recorded in Plat Book 26, Page 94 Palm Beach County Records Request - Relief from required 25' rear setback .to 10' rear setback to construct an addition to existing structure. Address - 3200 S. E. First Court Applicant - Mary Ann and Jeannette DiBlasi Secretary Gordon read that the property is presently zoned R-1AA and was formerly zoned R-1AA. He read the following: "Denial was made upon existing zoning requirements-from which relief is required: R-1AA zoning requires 25' rear setback. Nature of exception or variance required: Owner is requesting a permit to construct an addition within 10' of rear property line, therefore requiring a variance of 15'. Statement of special conditions, hardships or reasons justifying the requested exception or variance: Owner assumed she would be permitted to construct this addition as an existing structure is now only 10' frOm rear property line.' Mary Ann DiBlasi, 3200 S. E. First Court, Boynton Beach, appeared before the Board. She told Members of the Board they have a car- port which they just enclosed and right behind it is a screeened in area that would be encompassed in the same area, which she would like to enclose. Miss DiBlasi wanted to enclose it for her mother. Three years ago, Miss DiBlasi's mother had an accmdent and has been unable to work so Miss DiBlasi has her mother living with her. She said she would like to give her mother a bedroom and sitting room of her own so that she could be on her own for awhile and there would not be two women under the same roof all of the time. Miss DiBlasi added that she already closed in the carport and she just wanted to add that extra room in the back, which is approximately the same area that was screened in. Chairman Zimmerman said Miss DiBlasi would have a chance for rebuttal if she wished, after the public hearing. Secretary Gordon announced that there was no correspondence. Chairman Zimmerman asked if anyone in the audience was in favor of the variance being granted. - 5 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Mr. Jim Alderman, 2104 N. E. 1st Court, Boynton Beach, a friend of the applicants, told Members of the Board that he knew the applicants had a need for the variance. He said they have enough room for everything. The way Mr. Alderman saw it, it would not hurt any'of the neighbors. It just takes a screened in area and puts a room-where the screening was. Mr~ Alderman said they have a large lot. Although the house is spread out, Mr. Alderman said not much of it was living area. He said anyone who has been there could see they have a lot of furniture and rugs that would Zake a lot of storage area, so some of this would be used for a storage area and a place for Mrs. DiBlasi to be by herself and have a spot of her own. Chairman Zimmerman asked if anyone else would like to speak in favor of granting the variance. There was no response. Chairman Zimmerman asked if there was any correspondence in opposition to the variance. Chairman Gordon advised that there was no correspondence. Chairman Zimmerman asked if anyone wished to speak in opposition to the variance. Susan Llewellyn, 111 - 31st Avenue, Boynton Beach, had the under- standing that Mary Ann DiBlasi is the owner of the home. Vice Chairman Thompson advised Ms. Llewellyn that Mary Ann DiBlasi is part owner of the property and that her name is on the deed. Ms. Llewellyn could not understand why a mother and daughter could not live together in a three bedroom home with two ba~hs. She could never really understand why the DiBlasis wanted an extra room. Ms. Llewellyn really heard that the DiBlasis wanted to build an apartment there. Ms. Llewellyn guessed she was the spokesman for her group and informed the Members of the Board that they do not want any variance whatsoever. They just want it to stay as to what the ground is restricted to. Mr. Blum stated that he was at' the home of.the applicants and asked if they were going to have an extra bathroom or a separate entrance and they said, "No", so Mr. Blum did not know where Ms. Llewellyn got her information. He asked Ms. Llewellyn where she got her information. She replied, "From the neighbors." Chairman Zimmerman felt Bert Keehr, Deputy Building Official, could clarify this, and he asked whether any plans had been presented to the Building Department concerning the type of construc- tion that would be added. Mr. Keehr replied that initially the plans were submitted for a permit, but they were denied because of the setback requirements. - 6 - MINUTES - BOkRD OF ADJUSTMENT JUNE 14, 1982 Mr. Keehr advised that the Building Department will issue a permit for any addition, even if it includes a bathroom, but it will not issue a permit if it includes another kitchen. Chairman Zimmerman asked if that would be on a duplex. Mr. Keehr said it would be covered automatically, but it is one of the requirements that they adhere to that you do not have a second kitchen to a home in a single family residence, He added that they would allow anything other than that, such as another bedroom with another full bath. Chairman Zimmerman believed that clarified the situation. Mr. Slavin was going to question Mr. Keehr as to what the blue- prints showed on the original permit application, whether it was going to be a separate entrance or what have you, so that rather than hearsay, they could get the direct facts. Ms. Llewellyn asked if it would be possible for Mr. Keehr to show the people from 31st Avenue who were at the meeting with her the blueprints. Mr. Keehr answered that the blueprints were not avail- able at the meeting because the permit was denied for this particular part-of that construction. Like he said before, Mr. Keehr did not recall whether they had a separate entrance or not but he said it would have no bearing on whether they are issued a permit or not. Chairman Zimmerman stated that if a variance was granted, it would be regardless of the type of additio~ unless it would involve something that may end up as a duplex. Mr. Keehr added that the Building Department would not permit two families to live in a single family home, and it would be investigated upon the first call from a neighbor stating that there was a suspicion of this kind. Mr, Keehr advised that it is illegal for two families to occupy One home in a single family residence. It is a violation of the City, so it would be treated the same as any other City violation. Like she said, Ms. Llewellyn repeated that they do not want the variance. She said they could have duplexes and everything on the property right behind the DiBlasi house, to the soUth. Ms. Llewellyn again told the Board that they just do not want the variance at all. Mr. Cassandra asked if she was talking about the vacant property. Ms. Llewellyn replied she meant the vacant property and stated that they want to'keep it just the way it is. She said they have all been residents from five to twenty years. Mr. Cassandra thought Ms. Llewellyn had a misconception, as.the Board could not grant a variance to the vacant lot. Ms. Llewellyn reiterated that they did not want any variances PERIOD. She adamantly said they wanted to stick right to their restrictions to the way it is zoned. Ms. Llewellyn told the Members of the Board that she is a hardship case too. She lives there alone and is not trying to make a duplex of her home~ She has to work and take care of herself, but she did not really think she was a hardship case. Ms. Llewellyn - 7 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 asked what Mary Ann DiBlasi would do with four rooms, as they do not even take care of what they have. She wished Members of the Board would think about this thoroughly as her group just did not want anything done and wanted to keep it just the way it is. 25 feet from the lot line is great with all of us, Ms. Llewellyn advised. Secretary Gordon noted that Ms. Llewellyn made a statement that the DiBlasis do not take care of what they have. He asked her what she was referring to. Ms. Llewellyn replied that there is all kinds of wood thrown all over the lawn, and it looks terrible. She said it has been that way since they moved in. Mr. Blum said he and Mr. DiSarli went out and looked at the property and did not see anything that Ms. Llewellyn was talking about. Ms. Llewellyn told him he should go down there right now. Stanley Palivoda, 110 S. E. 31st Avenue, Boynton Beach, informed Members of the Board that what Ms. Llewellyn was true. Right now, there is a big pile of construction lumber that has been in the front ever since construction took place on the DiBlasi property, he advised. Mr. Palivoda understood that the yard had nothing to do with the variance, but the pile of rubble that has been left since construction started is very unsightly. He told Members of the Board who have been by that they could not see the pile of lumber in the back and the pile of lumber in the front from the road. All of the neighbors have spoken about it as being very unsightly. Mr. Palivoda also said there are two entrances going into the house where the garage was enclosed, and it looks like a duplex already. He knew from plans that were submitted to b~gin with that an apartment was going to be put in. Mr. Palivoda purchased his home under R-1AA zoning. He worked hard to get what he has, and that was one reason he bought into R-1AA zoning - for the setbacks. Mr. Palivoda felt if this was changed, it would allow other people to change, and he did not want someone's extra wall or swimming pool or~.~hatever it would be five or ten feet off of his property. The Board is to keep the zoning up and protect all of the tax- payers as to property value, Mr. Palivoda advised. He thought if Members of the Board granted the variance it would be very wrong and would decrease the value of the property around the property. Another point Mr. Palivoda wished to stress was that Miss DiBlasi said she was building this under a hardship case for her mother. Whether it is true or not, Mr. Palivoda asked what would happen six months from now if Miss DiBlasi wants to sell the hause. If somebody else buys it, they may have a hardship case; two families could go in there, or what, Mr. Palivoda continued. Mr. Palivoda was sure he could take Members of the Board to a lot of personal homes in the City of Boynton Beach and show them two - 8 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 families living in the same house, At this point, Mr. Palivoda was sure he could come up with a lot of names of two families living under one roof. Mr. Palivoda stated that he thought it would be wrong to grant the variance. As he has been involved in construction all of his life, Mr. Palivoda knew another kitchen could be put in at a later time after permits are granted'and clearance and inspections had been made. He has seen it happen before ~and said it could happen in this case. Mr. Palivoda's own personal opinion was that it would happen in this case. He repeated that if a variance is granted, it would be wrong. Chairman Zimmerman asked if the construction was partially done, as Mr. Palivoda had said. Mr. Keehr answered, "No." He said there was an existing carport and when plans were submitted, the plans were to enclose the carport and. add an addition to the rear. The enclosure of the carport-was perfectly ~legal, and they have a permit to do that, which is what the construction is. Mr. Palivoda questioned what the existing plans were for. He understood that the original plan was for an apartment, and it was denied, and then it was changed to enclose the carport. Mr. Palivoda asked if this was true. Mr. Keehr replied that it was not true. He said the reason for denial was strictly setback. ~4r. Palivoda asked if it was just a matter of opinion as to what is considered an apartment and what is not. Mr. Keehr informed Mr. Palivoda that the Building Department could not think in hypo- thetical terms or they could deny everybody everything. Mr. Keehr told Mr. Palivoda they approve everything that is legal, and it is legal to enclose an existing carport to make whatever out of it (a bedroom, bathroom). Mr. Keehr advised that there are no. restrictions on that. Like Mr. Keehr said before, if they put a kitchen in there and a bedroom and~ make it look like an apartment, they would be hesitant, but as it is, there is no restriction. The way the construction is right now, Mr. Palivoda said it looks like a duplex already when you drive by, with the front door and just enclosing the carport. Mr. Keehr advised that there are always additional doors. Vice Chairman Thompson interrupted to inform Mr. Palivoda that no one can assume what something is going to be. It is not the purpose of the Board to determine how something should look, and they should keep Ghat in mind. He thought what Mr. Palivoda was saying was in no way pertinent to what the BOard was faced with right now. Mr. Palivoda commented that if Mr. Keehr was not worrying about doors or anything, then he<wished to say that his zoning is R-IAA, and there should not be any variance granted for this reason. He and other people purchased their 'properties for the way the setbacks are right now, and he would not'want it against his house. -- - 9 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Mr. Cassandr~ stated that the carport has already been approved, so the only question was the addition. 'He advised that the carport would stay regardless of what decision is made. Mr. Palivoda understood that and said the variance was what they were ~going against. They do not want a variance for any more setback for the additional building'. .What they have now is fine, but Mr. palivoda explained that they do not want the variance for the additional building. Betty Walker, 110 S. E. 30th Avenue, Boynton Beach, went alOng with everything Mr, Palivoda said. The big-objection, she thought, is that' there is no hardship. MD-. Walker stated-she is. in~the'~real estate~'business, and she showed the ho.use befo'~e the DiBlasis purchased. Mrs'. Walke~ stated that the room was already screened _and was not a carport at that time. She advised that it has plumbing that could very~easi!y be converted into an apartment, although they are saying it is not the intent now. Like Mr. Palivoda said, Mrs. Walker has shown several'~ properties in the Deiray Beach area, and'they too had mother-in-law quarters and then after, all the permits are fOrgOtten', a little pullman kitchen was p~t in, and they had- a little apartment. Basically, Mrs. Walker objected to the variance, and~she did not feel there was a hardship. Georgene Schwerin, 113 S. E. 31st Avenue, Boynton Beach, had nothing to add to what the preceding speakers said, as she agreed with them wholeheartedly. Ms. Schwerin stated .that she has lived at her property for 21~years and bought when there were only two houses on the block. Ms. Schwerin told Members of the Board they have worked hard'to keep that block beautiful, and they want to keep it just the way it is and do.not want to change it. She told Members if they wished a head count of all of the neighbors who were against it, to ask, and they would all. stand up. Chair- man Zimmerman' believed if they came up and voiced their opinions, it would be a better way of doing it. Ms.. Schwerin informed him that most people do not want to do~ that, and she-did not like to ~come up and do this either. Members of the Board did not feel it was necessary to have a head count. Dennis Hill, 112 S. E. 30th Avenue, Boynton Beach, said it had all beenpretty welt summarized how he feels about the variance. He said he was against it and did not think it should ~be put through. Mr. Hill worked hard for his house, and the others have beautiful homes. He did no~t think it would be right.. Gertrude Levin, 108 S. E. 31st Avenue, Boynton Beach, the neighbor whose backyard meets the applicants' yard, did not like to go against neighbors. She also is just about the "new kid in the - 10 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 block.?' She came to Boynton Beach about three years ago. Ms. Levin had only her'mother with her, and she has a two bedroom and a two ba~h house. Ms. Levin said they are doing beautifully. They worked hard and spent a lot of money, but Ms. Levin had the en~couragement of her neighbors, and she tried to improve the property.. Ms. Levin really did not want to see a variance, and she did not see a need for it. She said she'knew the applicants "pretty well" and could not see a hardship case. Ms. Levin said it was tough for her because she likes her neighbors, and it ms not personal. Loreto Ferazzoli, 103 S. E. 31st Avenue, Boynton Beach, stated that from the time the applicants moved in, the place has always looked a mess.. She said it looks terrible and it has been months and months. The DiBlasis do not keep up their property. Ms~ Ferazzoli said the neighborhood works so hard to keep their grass cut and everything neat so it looks nice, but the DiBlasis moved in and do not keep it up. All of a sudden they put two doors in the front which look terrible. Ms. Ferazzoli informed the Board that the applicants went around so people would sign to, close the carport. She said it was not right the way they did it, because they should have said they wanted an addition. Ms. Ferazzoli said the property looks ridiculous. She stated that they keep their places looking nice, and if the DiBlasis want a duplex, they should move to a place that has duplexes, not in this area. Ms. Ferazzoli said they do not want that. As no one else in the audience wished to speak in opposition to the ~equest, Chairman Zimmerman gave Miss Mary_ Ann DiBlasi a chance for rebuttal. Mary Ann DiBlasi said the only thing they.were closing in was the same area that was already screened~ and they were not adding any- thing that was off the property line, As far as Miss DiBlasi was concerned, no one knows someone else's hardship;ishe ~did not know if anyone else had a mother'or mother~in-law living with them~ but she lived alone for eight years and found it hard to get used to another woman in the hOuse. Miss DiBlasi had a lawn cutting service but he'has not shown up for the last three weeks because he broke his lawnmower and cut two fingers off. The plumbing that was said to'be there is only~a washer and dryer, Miss DiBiasi informed Membersof the Board, and to dry well, you cannot hook anything up to it. If Miss DiBlasi wanted to put any- thing in, she would have to do plumbing also. Miss DiBlasi stated that there are duplexes three 'blocks away, If she wanted a duplex, She could have gone up the 'street, about eleven houses, and picked a duplex. She had nothing more to say because Members of the Board know what she wants, and she has already submitted her plans. - 11 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 For the record~ Vice Chairman ThOmpson asked if the house was built in 1965. Miss DiBlasi did not know. Mr. DiSarli said according to a form Mr. Keehr submitted, it was built in 1959. Miss DiBlasi stated they were also told it was 16 feet from the property line. Now they are told it is ten, which is something new for them. When they went to see if they could get the permit, they had told them'it was 16 feet from the property line and all theY needed was another nine, .so. she had no idea. Like Miss DiBlasi said, it has always been an enclosed section. They just put a door over the screen door on the carport that was enclosed. Chairman Zimmerman asked if there was any mistake on that. Mr. Keehr advised that it was a ten foot setback. Chair- man Zimmerman remarked that it would not make much difference, as the variance would be the same. Vice Chairman Thompson noted that the property was only 16 feet at the present time. Mr. Keehr advised that it was 15 feet off the front property line. As it was built in 1959, Vice Chairman Thompson wondered how it happened in the first place. Mr. Keehr did not know but stated there was no cons£stency whatsoever in the setbacks insomuch as you normally have a 25 and.a 25 no matter what street you start from. Here~ Mr. Keehr pointed out, we have a 26 on one side, 9 on the other~ 15 on one~ and 10 on the other, so there is no consistency at all, and he did not know how it was permitedto~'beg~nwith~. Chairman Zimmerman thought perhaps it was staked off wrong during construction. Mr, Keehr understood how the rear setback got to what it was. They utilized that as a side rather than a rear. Chairman Zimmerman said the Board could not do anything about that. When Mr. Cassandra walked into the front door~ to~.~the right was the already bUilt carport, and then was the empty, vacant lot alongside of that. There were no attachments from the carpo~to~%he main frame. Miss DiBlasi said there was, as there was screening. Mr~ Cassandra asked if there were'~ny concrete walls attached, Miss DiBlasi replied that there were from the carport but not from what they want to add. She told Mr. Cassandra there was a solid ceiling. He asked if it was all screened in. Miss DiBlasi informed Mr. Cassandra that the front part was design brick. Lillian Artis, Alternate Member~ kept hearing "additions" She said what it is is a screened room that is alreadY there. Mr, Keehr explained that it was screened in and had been taken down. He advised that setbacks on a screened room a~e different than a structure. Mr. Keehr said Miss DiBlasi took the 'other one down and wants to build an addition where the screened room was. Chairman Zimmerman again proposed to Members of the Board that the problem the Board faced was concerning whether any hardship had been created by the City relative to the proPerty or the applicant. - 12 - MINUTES - BOARD OF ADJUSTMENT JUNE 14~ 1982 Mr. Cassandra moved to deny the variance. It seemed to him that there really was no hardship created. He thought they should always be concerned about the community as far as their properties and concerns, even though it is true that one person's hardship belongs to one's self, and the community sometimes does not under- stand. Mr. DiSarli seconded the~motion. No discussion. Chairman Zimmerman reminded the Members of the Board to be sure they understood that a "yes"' vote would deny the variance and a "no" vote would be in favor of the variance. Mrs.~ Ramseyer, Recording Secretary~ took a roll call vote on the motion as follows: Mr. Blum - Yes Vice Chairman Thompson - Yes (He did not feel Miss DiBlasi had a hardship. However, the reasons given by the neighbors did not influence his vote, as they did not have a legitimate reason.) Chairman Zimmerman - Yes Secretary Gordon - Yes Mr. Slavin - Yes Mr. Cassandra - Yes Mr. DiSarli - Yes The motion to deny the variance passed 7-0. granted. The variance was not Parcel ~3 - The East 25.68' of Lot 140 and all of Lots 141, 142, 143, 144, 148, 149, 150 and 151, Block D, BOYNTON HILLS, recorded in Plat Book 4, Page 51, Palm Beach County .Records Request - Relief from required one (1) acre minimum site area to 38,075 square feet site area in a residential district to construct a church Address - 112 N. W. 8th Avenue Owner - Caesar J. and Mary Mauti Applicant - The Church of God Universal, Inc. Gloria Skinner, Agent Secretary Gordon read from the application that the property is presently zoned R1-A and was formerly zoned R-3. He further read: "Denial was made upon existing zoning require~ from which relief is required: Sec. 5-A-6. Churches shall have a minimum site area of (1) acre in residential district. Nature of exception or variance requested: Propert~ is less than one acre, the required amount of land to build a church. Property involved has approx. 38,075 sq. ft. One acre has 43,.560 sq. ft., therefore, a variance of 5,485 sq. ft. is required." - i3 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 "Statement of special conditioD~, hardships or reasons justifying the requested exception or variance: Purchasers b~ve not been able to find the rec~ired amount of land within the com, L~nity they serve to build a church." Gloria H. Skinner, 806 N. W. 4th Street, Boynton Beach, a Real Estate Agent, with Ritz Realty Corp., Boynton Beach, appeared to represent the Church of God Universal in their request for a variance to build a church at 121 N. W. 8th Avenue. Ms. Skinner said the church was requesting relief from the required one acre minimum site area to 38,075 squre feet site area in a residential district. Ms. Skinner informed Members of the Board that the church has about fifty members, and they are presently holding their services at 816 S. E. 1st Street in a warehouse, so they have a real need to relocate. To make the relocation a little less painful, Ms. Skinner said the church ~was requesting the Board to grant a special exception. Ms. Skinner assured Members of the Board that the exception would not have an adverse affect on the public interest, nor would it be injurious to the area involved. She said it would enhance the area and help revitalize an area in need of revitalization. In the surrounding area, Ms. Skinner told the Board there are several churches now. She said there is one that is presently constructed, and they are holding services there. There is one, hopefully, planning to be constructed within a year, and one under construction which is being constructed on a site that is less than one acre. Ms. Skinner did not bring this out to show that a precedent had been set but merely to show that the church would be in harmony with the surrounding area. Ms. Skinner said they prayed that Members of the Board would grant them the variance. They have made a diligent effort to find another parcel which would meet the one acre minimum requirement. How- ever, if anyone has been in the N. W. section of Boynton Beach, Ms. Skinner said they would know that one acre lots are very rare, and there are no others that are available for sale at this time or are reasonable within the church's economic condition. Secretary Gordon announced that there was no correspondence in favor of granting the variance. Chairman Zimmerman asked if anyone in'the audience wished to speak in favor of granting the variance. Rev. Nathaniel Sandy, 2141 N. E. 1st Way, Boynton Beach, Minister of the Church of God Universal said they are keeping their meetings at 816 First Street, Apartment 8, and the place where they are holding their meetings is inadequate to carry on their spiritual activities. Rev. Sandy told Members of the Board they have looked over Boynton Beach for a place to put their church but unfortunately for them, they did not find a proper place. He said the church and committee decided to make application for this particular parcel of land. Rev. Sandy stated that this created a hardship by not finding the right place. He further stated that they suffer from violent - 14 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 tragedies. Rev. Sandy was sure the Board would do their very best to help the church alter the situation in which they are involved. Jose Castro, 134 N. W. 14th Avenue, Boynton Beach, stated the location would be only six bloCks away from his house. He could see no impairment to the area but thought it would be both a blessing and an improvement to the area. Mr. Castro could see no reason why the variance should be denied. Rosalyn Morton, 2321 N. W. 1st Street, Boynton Beach, was in favor of the approval of the variance because it will improve the morale and enhance the community. She also thought it would give the children of the community a chance. With the situation that persists in the area, Ms. Morton felt it would be an advantage. She said she would like for the Board to approve the variance. Percy Dixon, 103 - 12th Avenue, Boynton Beach, said he,visits the church, and the building is too congested to have children in the Sunday School. Mr. Dixon said it was only 16x32, a little garage with one air-conditioner, and was not a place for a church. Therefore, Mr. Dixon hoped that the Board would grant the variance. He said they need more room for air. Mr. Dixon said the church is growing more and more . Clement Cohen, 2091 N. E, 1st Way, Boynton Beach, Member of the Church, and said where they-are worshipping now is a very small place. He asked that the Board grant a variance for the church as people today need some place to worship. Mr. Cohen said it would cause the community to be a better place. Cynthia Knight, 1501 Avenue South, Lake Worth, told Members of the Board that they really need a church. She is a member of the church. MS. Knight asked the Board to grant a variance so they could have the land to build a church for a better world. Rita Whitcomb, 2491 N. W. 1st Street, Boynton Beach, Member of Universal Church of God, stated that they are really in need of a church. They have a lot of children, all ages and sizes, and it is a pleasure to know that her boys and girls are with her in church. A lot of things can happen to teenagers these days, so Ms. Whitcomb asked Members of the Board to grant the variance so that they could have a place where they could really worship, so their boys and girls will not stray. Rolando Whitcomb, 2491 N. W. 1st Street, Boynton Beach, Member of Universal Church of God, said they really needed a place Where they could worship because where they are now is very small and - 15 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 not big enough. As the rest have said, Mr. Whitcomb repeated that they are growing. Esther Sandy, 2141 N. E. 1st Way, Boynton Beach, was in favor of the variance being granted. She stated that she is a member and an organist. On special occasions, Ms. Sandy said they have to go to other churches to have their program because the place they have is too small and they cannot get the full blessing of the meeting. When this happens, Ms, Sandy has to transfer her organ to other churches. If they can have their own church, her organ would be there. Young people are coming, and Ms. Sandy said they are planning the church for the youth of tommorrow. She really felt the variance was needed for the community and for the youth of today. Virginia Sandy, 2141 N. E. 1st Way, Boynton Beach, stated she was very pleased to be a member of the church. She said the church has an active part with y.oung people and adults. Their space is not convenient. Mrs. Sandy is in charge of the young people's department and the Sunday School Department~. She said they were really in need of a place of worship. Mrs. Sandy asked the Board to grant the variance not just for them but for the world of tomorrow. As there was no one else wishing to speak in favor of granting the variance, Secretary Gordon read the following letter in opposition to the granting of the request for a variance: "June 4, 1982 ~hairman, Board of Adjustment Dear Sir: We are responding to your notice regarding a requested variance for The Church of God Universal,. Inc. to' build a church at 121 North West 8th Avenue. As it will be impossible for us to send a representative to the hearing to voice our views, we are submitting this letter. Our church's officers and members, at our regular business meet- ing, discussed this matter at length, and we would like to be on record .as opposing the requested variance. We would deeply appreciate your calling our opposinq to the attention of the Board at the scheduled hearing. Thank you for your attention and consideration. Yours very truly, /s/ Reverend Randolph M. Lee Pastor /s/Edward M. Harris, Chairman, Board of Trustees St. John Missionary Baptist Church, 239 N. E. 12th Avenue, P. O. Box 6, Boynton Beach, Florida - - 16 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Chairman Zimmerman asked if anyone in the audience wished to speak in opposition to the granting of a variance. Katherine Jackson, 122 N. W. 8th Avenue, Boynton Beach informed Members of the Board that the church is supposed to be right across the street from her property. Ms. Jackson stated that she is a Christian and is not against any churches, as she goes to church very often. She admired the people for trying to get a church for their needs.. Ms. Jackson's reason for'opposing the church was because she believed it would be too costly. She understood that any church should be on a full acre of land and this was not a full acre. Therefore, Ms. Jackson was against it. Mr. Cassandra asked Ms. Jackson to repeat her address. Chairman Zimmerman said it was just south of the present site. Vice Chair- man Thompson commented that the requirement is one acre of land but as aforesta%ed, he pointed out that very few pieces~of proPerty have one acre of land in the City of Boynton Beach~ He said there are not many acres left unless you buy on the outskirts, just at the border line. Mr. Bert Keehr, Deputy Building Official, ~e~_fiedthat Vice Chairman Thompson's statements were correct. Vice Chairman Thompson brought the issue up because this was Ms. Jackson's complaint. He stated that in order for a church now to be built in the City of Boynton Beach, they would~ have to buy someone out (for example, existing property ~nd demolish it). Susie Heath, 126 N. W. 6th Avenue, Boynton Beach, two blocks from where the church's site would be, was opposed because there are already quite a few churches around the neighborhood. Ms. Heath stated that she was a churchgoer too, and she loves the church, but she felt there were too many churches around there. Ms. Heath said on Sunday afternoons you can hear so much singing and singing from the Church.of God that you cannot rest. Ms. Heath explained that she works every day and is entitled to some rest. As no one else wished to speak in opposition to the variance, Chairman Zimmerman said Gloria Skinner, Agent, could speak again. Ms. Skinner had no rebuttal. She asked that Members of the Board make a ruling with their hearts. Ms. Skinner expressed surprise that a letter was received in opposition from the St. John Missionary Baptist Church because just about a year ago, she stood before the Planning and Zoning Board when St. John Missionary Baptist Church requested a he.~ght variance, which was granted. Ms. Skinner was disappointed that they sent in an objection. Chairman Zimmerman imagined it was.because they plan to build a new church in the same neighborhood and thought maybe that was their reason. He said it could be a just reason and maybe it is not. Ms. Skinner remarked that it could 'not be the competition. - 17 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 Chairman Zimmerman noted that Ms. Skinner mentioned about other churches not having an acre in the same neighborhood. Ms. Skinner stated that Mount Zion is presently being constructed. She believed it is ~on N. W. 8th Avenue, and they have 3995 square feet. As she stated before, Ms. Skinner did not want to say that a precedent had been set here, but they would be conforming to the harmony of this area. Chairman Zimmerman advised that the Board has to consider each situation individually, yet when an overall situation comes up sometimes they have to look oM both sides. He asked Mr. Keehr if there were a great number of churches on less than an acre in town. In his own mind, Mr. Keehr said he would answer "Yes." He thought there were quite a few churches on less than an acre. Chairman Zimmerman thought some of the downtown churches are, and Vice Chairman Thompson remarked that most of the old churches are. However, Chairman Zimmerman pointed out that the Code-says an acre, which is the reason the Board is here. Secretary Gordon asked Rev. Sandy if he would have ample parking spaces for growth of the parish in the future, being minus so many square feet. Rev. Sandy replied, "Yes", and added that they try to do their best as far as the regulation code is concerned. Chairman Zimmerman thought it was rather immaterial because the Board did not need any .site plans for their consideration of the ~variance. He asked if there would be a parsonage. Rev. Sandy replied "No." Chairman Zimmerman thought there would be a school. Rev. Sandy informed him there would be only a church. Chairman Zimmerman questioned whether there would be any Sunday School facilities of any kind. Rev. Sandy explained that there would be the dining room to the building, which they would be usinG. As it stands now,. Vice Chairman Thompson said to the east of the property there is some commercial property. To him, he believed the church would be a buffer zone to the people who own homes. At one time, Vice Chairman Thompson was interested in the property and it was pointed out to him, "Who would build a home in the area?" Vice Chairman Thompson felt that was a good point. He admitted that there are companies that will build anywhere, but Vice Chairman Thompson believed the church was the ideal thing for the area. Mr. Cassandra asked if they must follow the Code as far as park- lng spaces for the amount of occupancy for that building when a variance is given and a structure is submitted. He asked if regardless of the acreage size, whatever building is put up, there must be parking spaces or they cannot get a permit. Mr. Keehr said that was correct. Vice Chairman Thompson asked, "With the limited amount of space left in the City and with churches to come, how will the City handle it?" Mr. Keehr replied that in any other zone other than residential, you can have a Church (such as in C-l, C-2 and C-3) and only have to have what is required for that zone. Of course, Mr. Keehr pointed out, here again, the church is restricted to its - 18 - MINUTES - BOARD OF ADJUSTMENT JUNE 14, 1982 size by the amount of parking it can supply for that church. That is part of the reason why most people do build in residential areas so they have adequate parking. Chairman Zimmerman said there was the possibility that the church could buy more land here at a later date if they want to expand. Mr. Keehr said it was a possibility but there are presently structures on the adjacent property. He said the land to the east is commercial and to the north is unimproved 9th Avenue (the City right-of-way), so it could not go north. Lillian Artis, Alternate Member, heard the term "hardship" being misused on all three cases. Mrs. Artis thought an explanation of the word "hardship" should be made because the people are taking it to mean a hardship to the person presenting the case instead of whether there is a hardship imposed by the City. In this case, Mrs. Artis felt there was a hardship.because there is virtually no way for the church to find one acre. Vice Chairman Thompson wished to make just one comment. He added to Mrs. Artis' staHement by saying, "One acre affordable." Vice Chairman Thompson was thinking in terms of the cost of commercial property. Vice Chairman Thompson moved to grant the variance. The reason for his motion was that the hardship is one in which the property is not available that is affordable. Vice Chairman Thompson acknowledged that there is always commercial property, but he knew it would be a strain on any congregation to buy an acre of commercial land. Due to the limited amount of space where property can be purchased, Vice Chairman Thompson felt this was a hardship. Secretary Gordon seconded the motion. Mr. Cassandra was concerned that the property has not been sold and that the letter he had says, "continue to buy upon this request of variance." He was afraid that without putting an amendment of building with a certain time that anything could happen. Vice Chairman Thompson refused to place time on his motion, knowing how hard it is to build a church. Mr. Cassandra advised they could get a building permit. Mr. Keehr advised that if the Board grants a variance of this nature, any type of church could be built here in the future. It would not have tobe this particular congregation. Chairman Zimmerman pointed out that it would not apply to a business because it is not zoned for business; it would not apply to a site d~velopment because it is too small; and it would not apply to single family homes, so he did not think it would make much difference. A roll call vote was taken by Mrs. Ramseyer, Recording Secretary, on the motion to grant the request for variance, as follows: - 19 - MINUTES - BOARD OF ADJUSTMENT JUNE 14 ~ 1982 Vice Chairman Thompson Chairman Zimmerman Secretary Gordon Mr. Slavin Mr. ca~sahdra Mr. DiS~rli Mr. Blum - . Aye - ~y e - Aye - Aye - Aye - Aye The motion to _grant the request for variance carried 7-0. liAiD~JOUlqNM. EiNT There being no further business to come before the meeting, the meeting properly adjourned at 8:50 P. M. Respectfully s itted, atricia Ramseyer Recording secretary (Two Tapes) - 20 -