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Minutes 05-10-82MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MAY 10, 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 George A~.~pol, Alternate Bert Keehr, Deputy Building Official Chairman Zimmerman called the meeting to order at 7:00 P. M. He introduced the Members of the Board; Bert Keehr, Deputy Build- ing Official, who was pr.esent to give technical information; the Recording Secretary; and Lillian Artis, Alternate Member. Chairman Zimmerman said the Alternate Members are privileged to enter into discussions of the business, and he thought it would best if they come to the microphone if they have anything to add to the discussion. George Ampol was not present, but Chairman Zimmerman thought perhaps he would arrive. Chairman Zimmerman recognized the presence of Vice Mayor James Warnke and C6Uncilman Joe deLong in the audience. ANNOUNCEMENTS None. COMMUNICATIONS Chairman Zimmerman announced that the specific communications with regard to the variances would be read at the time the variances come up, MINUTES OF APRIL 12, 1982 Mr. Cassandra moved to accept the minutes as presented. Although Chairman Zimmerman thought the Recording Secretary did a wonderful job on this long set of minutes, he referred to page 13, the 4th paragraph down, and advised that the word "slack" house should be changed to "slat" house. He explained that it is to give partial shade to' the plants that need it. On page 17, the 4th line from the bottom, the same word appears. Also, on page 19, Chairman Zimmerman called attention to the fifth line under "Correspondence" and said it should read, "Council meeting to verify who the new ~oard would be," not who the new Council would be. MINUTES - BOARD OF ADJUSTMENT MAY 10, 19.82 Mr. Cassandra made a new motion to accept the minutes as corrected, seconded by Mr. DiSarli. The motion carried 7-0. Order of BUsiness Chairman Zimmerman took a few minutes to outline the order of business for the~audience, who might not be acquainted ~i~thit. He said they would take the applications in the order they were advertised in the newspaper. First,~Robert Gordon, Secretary of the Board will summarize that application, Chairman Zimmerman informed the audience. Next, the applicant or his agent will be asked to come folrward, to the microphone, and state his reasons for the application. Third, Chairman Zimmerman thought they should (which might be a variation from what has previously been done) have the communications read that are in favor of the appli- cation. After that, Chairman Zimmerman said the audience would have a chance to participate and come up to the microPhone and give their names and addresses. -First, those that are in favor and agree to the contents of the application. Then, Chairman Zimmerman continued, the same procedure ~ould be followed for those who are against or opposed to the applicat.ion. After that, Chairman Zimmerman said the public hearing will be closed, and only the Board Members will participate in discussion after the public has had their chance, Chairman Zimmerman announced that there would be four ~a~iances tonight, and they would be heard in t~e'-or~ ~n ~hi~h-~hey appeared %n the advertisement. PUBLIC HEARING Parcel A part of Lots 4 and 5 of SAM BROWN, JR. HYPOLUXO SUBDIVISION, as recorded in Plat Book 1, on page 81 of the public records o.f Palm Beach'County, Florida, said part being ~ore particularly described as follows: Commencing at ~he Northwest corner of said Lot 4. of Sam Brown, Jr. Subdivision, thence Easterly, along the North line of said Lot 4, a distance of 231.79 feet to an intersection with a line 137.0 feet to an inter- section with a line 137.0 feet East of, as measured along the said North line of Lot 4, and parallel with the Easterly right-of-way line of State Road No. 5 (U, S. No. 1), as shown in Road Plat Book 3, on page 43 of the public records of Palm Beach County, Florida, said intersection being the Point of Beginning; thence continue Easterly along the said North line of Lot 4, a distance of 63.57 feet to the Northwest corner of Lot 1 of Las Palmas Park, as re~orded in Plat Book 25, page 2'42 of the public records of Palm Beach County, Florida; thence Southerly, along the West line of said Lot 1 of Las Palmas Park, a distance of 1'14.62 feet to the Southwest corner of said Lot 1; thence'Southwesterly and Westerly along the North right-of-way line of - 2 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Vista Hermosa, as shown on the said Plat of Las Pa/mas Park to an intersection with the previously described line being 137 feet East of and parallel with the Easterly right-of- way line of State Road No. 5 (U. S. No. 1)~ thence Northerly along said parallel line, a distance of 153.65 ft. to the Point of Beginning. Request - Relief from 15,000 square feet lot area requirement to 10,000 square feet lot area Address - 615 Las Pa/mas Applicant - Alvaro Realty, Inc., John Alvaroe, Agent Mr. Gordon, Secretary, read that the property ln~vo~ved is presently zoned C-3 and was formerly zoned C~t. He further read that denial was made upon existing zoning requirements from which relief is required: Section 6 C-3(3) C-3 zoning requires a minimum lot area of 15,000 square feet. Mr.' Gordon also read, "NatUre of exception or variance required: Subject property has approximately 10,000 square feet, therefore requiring a variance of 5,000 square feet. Statement of special conditions, hardships or reasons justifying the requested exception or variance: Owner of proper~ty' had requested a variance previously that would have permitted 'him to construct two (_2) residential units, however, was denied. Therefore, owner has no other alternative than to request this variance so as he may utilize the property for its intended ~purpose.,, Mr. Gordon then read, "Proposed improvement: To construct a commercial building to accommodate a permitted use in C-3 zone," Chairman Zimmerman called Mr.. John ~l~aroe, Real Estate Broker, representing Thomas A Erwin, Owner of the property, to the microphone. Mr. Alvaroe explained that the reason for the reapplication very simply was because they had been denied a variance to build two units and, under the existing zoning, the property cannot be used for anything. Mr. Klvaroe reiterated that under the existing zoning today in the City of Boynton Beach, the property cannot be used for one thing unless they receive a variance. What they~are asking for at this date and time, for the second time, is a variance to use 'it for its existing zoning (which the City of Boynton Beach placed upon the property, and not the owner), which is C-3 zoning, Mr. Alvaroe continued. He asked Chairman Zimmerman if he should continue on in 'his endeavors in the matter. Chairman Zimmerman advised that this was Mr. Alvaroe's opportunity to put his best foot forward. He informed him that there was a letter included in the back-up material which Members of the Board had that was written to residents of Las Palmas. Chairman Zimmer- man said he could summarize the letter if he wished. - 3 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Alvaroe referred to the last meeting they had come to (March 8, 1982) and informed Members of the Board that he had known Mr. Erwin for a lot of years and that Mr. Erwin did not want to put something on the property that would be obnoxious to the neighbor- hood. Mr. Alvaroe said they tried to convince the owners of surrounding property at their last meeting. Because of that fact, Mr. Alvaroe said Mr. ~Erwin feels that he wants~r~to use the property for something. Therefore, on the second application, Mr. Alvaroe made it his business to write each and every owner on Las Palmas D~ive (those who were making the primary objections, and those who had not made any objections at all). Mr. Alvaroe wrote eaeh and every one of them a letter, which Members of the Board had in their files. The letter was dated April 14, 1982. Mr. Alvaroe said the letter simply states that if they had any objection or if they had a suggestion, any suggestion, or if they would like to meet with him, he would make his business to spend his time with them, to set up a meeting to listen to their thoughts and convey them to Mr. Erwin, sit down, and see if %hey could come up with some compatible use for the property that would be agreeable with everybody, not just the surrounding p~operty owners, but also his client, Mr, Erwin, the property owner~ Since that letter, which was sent out on April 14, 1982 (well in advance of this meeting)~, Mr. Alvaroe received two phone calls. One was from Ms. Burnworth on 4/17/82 at 12:22 P.. M. stating she had only one objection. Rs Ms.~ Burnworth did this orally, Mr. Alvaroe said Members of the Board would have to take his word for it. He asked Ms. Burnworth to write a lette~, confirming their conversation. She said she would~ but he did not receive a letter, Mr. Alvaroe related that their conversation was that Ms. Burnworth had no objection to the building 'of a multiple dwelling on the property (.the two units that they originally proposed). Her objection mainly was that it was two stories. Since that time, Mr. Alvaroe received one more call, which was this evening at 4:'47 P. M, Mr. Alvaroe said the call at 4:47 P. M, was from Mr. MiChael King, who asked him at that time if he (Mr. ~lvaroe) was planning on attending the meeting. Mr. Alvaroe told Mr. King that he was, as he represents Mr. Erwin. Mr. King asked Mr.-~lvaroe what his intentions were for the property. Mr. Alvaroe replied that it would be used for C-3 zoning and what was permitted in a C-3 zoning, which was the variance they were asking for now. Those were Mr. Alvaroe's facts up to this point, and he felt they had been very deliberate, very candid, and very outspoken. Not only that but Mr. Alvaroe also felt they had been given in a manner which would accommodate the residents of Las' Palmas Drive. He pointed out that Members of the Board had seen the response he had received. Therefore, Mr. Alvaroe made an in depth request (.after their second application) that they receive the variance so that the property may be used for the intent that the City of Boynton Beach intended, the original zoning that the City of Boynton Beach zoned - 4 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 that pHoperty, Mr. Alvaroe was willing to answer questions. Mr. Slavin asked what kind of business was coming in there. Accord- ing to the application, the variance is based only on a variance to C-3 zoning, Mr. Alvaroe replied, He told Mr. Slavin that the actual application had not been decided as ye%; and it is not a necessity in the variance. Mr. Alvaroe said the requirements of the City of Boynton Beach do not require intent on the variance. Mr. Bert Keehr, Deputy Building Official, confirmed that Mr. Alvaroe's statement was correct. Chairman Zimmerman determined that it was for anything that is possible in C-3 zoning. Vice Chairman Thompson asked if Members could reserve the right to ask questions later. Chairman Zi~merman answe~ed,L~-~+"Yes"/ as he thought anything in their discussion that they initiate from anyone in the audience should.be permissible. However, Chairman Zimmerman did not think the audience should be able to initiate discussion on their own'after the Members of the Board begin discussion. Chairman Zimmerman said Members of the Board could request Mr. Alvaroe to come up for a question. Mr. Alvaroe also asked to reserve the right to respond. Chair- man Zimmerman thought he should have a chance to~ respond before the public hearing is closed. Chairman Zirmmerman announced that there were no communications for the granting of the variance. He asked if anyone in.the audience wished to speak.~in accordance with the variance. There was no response. Secretary Gordon read a letter dated April 30, 1982 from Colleen Rolfes Beckner, 625 Las Palmas, addressed to City of Boynton Beach, c/o Tereesa Padgett, City Clerk. A copy of said letter is attached hereto and made a part hereof. Pictures were attached to the letter, and they were passed around for Members of the Board to see. Chairman Zimmerman asked if anyone in the audience wished to speak against the granting of the variance, Mr. A1 Beckner, 625 Las Palmas, BoynHon Beach 33435, appeared before the Board and said Secretary Gordon had just read his wife's letter. Mr. Beckner told Members of the Board .%hat his wife, Colleen Rolfes Beckner, says it "pretty well". He said they have lived there a good many years with nobodynext door to them. The reason no one has lived next door to them was because it was not zoned that way. Now, Mr. Beckner pointed out, there is a change in zoning that says there will be a commercial building next door which Members of the Board do not know what kind of building they will build because the applicant has not told the Board. Mr. Beckner said all that the applicant wants is a variance from C-3 so that they can build anything that they want to build. He acknowledged that it was the second time-the applicant had been here and probably they will be here more unless the Members of the Board agree to the variance. Mr. Beckner did not see anyone present from Las Palmas Park and could not understand why, He concluded by - 5 - MINUTES ~ BOARD OF ADJUSTMENT MAY 10, 1982 saying, "$o Gentlemen, ira's up to you," Mr. Slavin noted that at the time the original variance was requested for a two unit house, there was a big hulabaloo raised about it. At that time, Mr. Slavin said it was specifiCally stated that it becomes commercial property because it is a rental unit. The ten unit owners of Las Palmas Park were here in mass, and they fought against it. The variance was denied by the Board. Now, Mr. Slavin said you ask yourself the $64,000,00 question. He called attention to the fact that. Mr. Erwin has a lot of money tied up in that piece of property and has to do something with it. Mr. Slavin~did not think Mr. Erwin could just write it off, as he did not think he was that wealthy a man. In the discussions held ~tha% night, Mr.'Slavin recalled that it was specifically stated that When the property was sold, it was sold as a residential property, not as commercial. He said this was from the woman tha~ lived across the street. Now Mr. Erwin wants to utilize his property, and Mr. Slavin questioned how he could do it. Mr, Slavin pointed out that it has been commercial · all along and has not.been rezoned commercial. The only difference is it has been rezoned from a C-1 to a C~3. Mr. Beckner advised Mr. Slavin that they could not have built'on'a C-1 because they' did not have the room. Mr. Slavin said a C-1 would have required a smaller frontage or footage. Mr. Becket asked if anyone knew wha%'~they want' to.build on it now. Mr. Slavin said he asked that question and all he heard was, "I don't know, I can't answer you that one." Mr. Beckner observed that no one had any plans, so they did not know what would be built. According to the law, Mr. Slavin told him, a variance has been requested and, according to the Building Department, they don't need anything on there. Mr. Beckner asked, "Can't you people stop anything that is going to be built on there if it isn't along with the Code of the City?" Mr. Slavin answered that was under the jurisdiction of the Build- ing Department. The Board of Adjustment has no control over structure, engineering, or what have you. Mr. Slavin said the Board could where variances or hardships are created, or there appear to be hardships. He advised that was the-extent of the Board's jurisdiction, but they had no control over building, Codes, or what have you. That is strictly within the Building Department. Mr. Beckner did not know what Mr. Erwin paid for the'property but, unfortunately, he had the opportunity to buy it about ten years ago for $6,000.00 and failed to do it. Mr. Beckner was going to put a tennis court in there for the whole neighborhood. The next thing Mr. Beckner knew, the price was up to $18,000.00. As far as Mr. Beckner was concerned, the property was only good for one thing, and that was a tennis court. Mr. Cassandra advised the Members of the Board that the C-1 property only required 9,000 square feet, and Mr. Erwin-has 10,000 square feet. Mr. Cassandra said Mr-. Erwin would have been able to MINUTES - BOARD OF ADJUSTMENT MAY t0, 1982 build anything he wants without requesting any variance that falls into what you can build on a C-1 property. Mr. Bec.kner asked if it was a C-1 now. Mr. Cassandra replied that it was a C-3. He informed Mr. Beckner that the City upgraded the zoning to a C-3, which puts a higher criteria on it, which means he needs 15,000 square feet, which he does not have. .Mr. Cassandra said there is a whole list of things Mr. Erwin could build on that C-3 property. Mr. Beckner wondered where Mr. Erwin planned on getting the 5,000 square feet. Mr...Cassandra explained that was why he was here now, requesting a variance of 5,000 square feet. Mr. Beckner asked where the variance would be and whether i't would be on the front. Mr. Cassandra answered, "Total square footage." Mr. Beckner determined that it Would be out in the street'instead of setback. Mr. Cassandra said that would be a function of the Deputy Building Official, The Code would have to be followed in connection with that, Mt. Cassandra pointed out. Mr. Cassandra told Mr. Beckner all that he should be concerned with was what would be built there, and there are 27 different things that could be built on that commercial property or rented to people to use. Chairman Zimmerman observed that the building.would be smaller because the square footage isn't there for a large building. Mr. Beckner said it would project out further north, as a horizontal -building is already on it. Chairman Zimmerman advised that set- backs would have to be complied with. Mr. Slavin asked Mr. Bert Keehr, Deputy Building Official, when the property was changed from C-1 to C-3. Mr. Keehr replied, "June of 1975." Mr. Beckner asked if anyone in particular had it changed, or was it a City change. Mr. Keehr answered that the City went through extensive changes at that time. He continued by saying that recently, the City went through another extensive change, They had all of the Comprehensive Land Use filed with the State, which is what the City is under today, and that property is zoned C-3 under the existing zoning. Chairman Zimmerman reminded the Board Members that Mr. Erwi~ has owned the property since 1979 and since the zoning change was made in 1975. Chairman Zimmerman asked if anyone else in the audience wished to speak in opposition to the granting of the variance. There was no response. Mr. Alvaroe was allowed to come forward to give a rebuttal. Mr. Alvaroe wished to try to appease Mr. and Mrs. Beckner, He told them that his client, Mr. Erwin, was not a person~who would get arbitrary. Mr. Alvaroe said they would see what could be done and then see if they could come to a congenial meeting of the minds, that would please both Mr. Beckner and his client, Mr. Erw±n, Mr. Alvaroe felt confident that Mr. Erwin was not so money hungry that he will build the most natural density of whatever is permitted under C-3. Mr. Klvaroe thought Mr. Erwin also feels that people must respect other people. He said'that would be the first thing he would discuss with Mr. Erwin if the variance is granted. - 7 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Chairman~Zi .Dtm~e~an asked if Members of the Board had any questions of Mr. AlvarOe, There were none, THE PUBLIC HEARING WAS CLOSED. Chairman Zimmerman told the Board they had heard both sides, and their determination would be concerning a hardship. As far as the applicant is concerHed,.Mr, Cassandra noted that the present land cannot be used in the present zoning without a variance, and the~zoning from C-1 to C-3 created a hardship on the use of the land through the City. Mr. Cassandra did not think they would want to change the zoning back to C-1 because it went through a Comprehensive Plan to have C-3 zoning, Also, Mr. Cassandra stated that there is no land ~that can be bought to increase the square footage. Based on.this, Mr. Cassandra said the land becomes a "white elephant" and cannot be used under the present zoning. They still have to pay undeveloped taxes, which is an expense on the part of Mr. Erwin, Mr. Cassandra was concerned as far as what items could be'put there or what kind of commercial propert~ would go in there. He would not want to see a dog kennel there. By the same token, Mr. Cassandra did not want Mr. Erwin's rights to be denied for' another person's rights to be granted. Mr. Cassandra thought a certain amount of legal consideration should be given to this particular applicant. Vice Chairman Thompson said, as..he stated the last time the appli- cation was before the Board, if you take a look at the property as it stands now, onone Siderthere are nice looking homes andon the other side is a service station. He thought that was a big jump. Regardless of who owns the property; Vice Chairman Thompson painted out that a hardship can be passed on a piece of property to future owners. That is what has taken place here, Vice Chairman Thompson observed, in 1975 when there was a change in City zoning. Vice Chairman Thompson said the property was upgraded from a C~i to a C-3. He was sure the City was looking at that when they upgraded the property. Vice Chairman Thompson continued by saying Mr. Erwin bought the property in 1979, and the property was passed on to him. Since that time, Mr. Erwin cannot use his property, Vice Chairman Thompson said, and he did not feel that Mr. E~win could ce~ta±nly not continue to let it be used as a drainage for the people and pay taxes on the property. The City plaCed the hardship but, regardless of that, it is there. Vice Chairman Thompson believed in this case there was a hardship, and there has always been a hardship. It did not just start but had been created many years ago before there was a rezoning in the City. Vice Chairman Thompson concurred with the owners and how they feel about what can be put there. He asked who wants to have a home Where they have a duplex next door but"What can you do?j Vice Chairman Thompson asked. "We can't deny the owner the use of his property, and that is exactly what we will be doing if we deny this request." - 8 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr, Slavin asked if Mr. Erwin could reapply for a variance for the two unit building. Mr. Keehr did not think there was anything that would not allow him to. At the last meeting, Mr. Slavin stated he was in favor of granting Mr~ Erwin the right'to put up a two unit building but the residents felt it was wrong. Now, Mr. Slavin noted, they were faced with another problem, and the Board was faced with a problem, which they were not solving. Mr. Slavin suggested that perhaps there coutd-be a meeting of minds and things could be readjusted between Mr. Erwin and the residents of Las Palmas Park. Vice Chairman Thompson did not think the Board could make sugges- tions. Mr. Slavin was thinking out loud. On uses permitted, Mr. Cassandra thought the last application came under "1, MultirFamily." use. If the applicant is granted the variance, Mr. Cassandra wondered if .he could ~then utilize "1" with- out getting another variance. Mr. Keehr replied, "No sir~ because he has to follow the criteria of Section 5g, ~2(a), and that calls for another request, so he would be right back again. Mr. Cassandra wanted to make sure that still was enforceable. Mr. Beckner wished to be heard again. Chairman Zimmerman advised that the public hearing was closed. All Board Members with the exception of Mr. Cassandra and Mr. Slavin agreed with Chairman Zimmerman that the public hearing was closed. Mr. Cassandra knew Councilman deLong (who was present) would h~e ready to hit him over the head, but regardless of the parl±mentary rules, he felt the Board was there to serve t'he people to the best interests of all parties. Mr. Cassandra-did not feel it would hurt the group to let Mr, Beckner speak one more time. Mr. Cassandra and Mr. Beckner were of the minority. Vice Chairman Thompson was on the fence. On one side, if the request is denied, he asked what Mr. Erwin is to do with the property. Chairman Zimmerman said he could ask for rezoning but then the Land Use Plan etc. would come into consider.ation. Vice Chairman Thompson added and spot zoning. On'the other side, Vice Chairman Thompson looked at the home owners and there was no question as to how they must feel. However, he pointed out that the Board had a responsibility and they must respond to that responsibility. Chairman Zimmerman failed to note that Mr. George Ampol arrived at the meeting. He apologized for being late and said he had trouble with his car. Mr. DiSarli moved to grant the ~variance because he felt %he hard- ship was justified and Mr. Erwin should be allowed to construct a commercial building to accommodate the use in a C-3 zone. The motion was seconded by Mr. Cassandra. Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion as follows: - 9 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. DiSarli - Aye Mr. Blum - Aye Vice Chairman Thompson - Aye Chairman Zimmerman - Aye Secretary Gordon - Aye Mr. Slavin - Aye Mr. Cassandra - Aye The motion to grant the variance carried 7-0. Parcel ~2 Lot 102, LAUREL HILLS, THIRD ADDITION Recorded in Plat Book 23, Page 126, Palm Beach County Records Request - Relief from 60' lot frontage requirement to 50' lot frontage and also Relief from 7.,500 square feet lot area requirement to 6,967 square feet lot area Address - 1015 N. W. 7th Street Applicant - Vincent J. Gallo Secretary Gordon read that the property is presently zoned R-iA and was formerly zoned R~i, He further read the following from the application: "Denial was made upon existing zoning requirements frc~ which relief is required: R-lA zoning requires a minimum lot frontage of 60' and a minimum lot area of 7,500 square feet." "Nature of exception or variance required: Subject lot ~h~s 50' frontage and 6,967 square feet lot area. Therefore, a variance of 10' lot frontage and 533 square foot of lot area is required," ,Statement of special conditions, hardships or reasons justifying variance: Subject lot is part of an approved subdivision that through, the years has beccme non-conforming by zoning changes. Owner cannot purchase additional property to confozm to today's zoning requirements." Chairman Zimmerman called Mr. Vincent J. Gallo, 3452 New Boynton Road, Boynton Beach, to the microphone. As stated, Mr. Gallo said the lot was non-conforming because of its current zoning requirements. He informed the Board that it is sandwiched in between two vacant lots, Mr. Gallo said they made an attempt to contact the owner on either side. One person is in New York, and the other is in Hollywood, and neither one was willing to selI their property, Mr. Gallo told the Board, He further said that each one was not willing to buy one-half of this lot to increase the standards of their lots, so Mr. Gallo said he had no alternatives but to come before the Board and ask for a variance. - 10 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. DiSarli spoke to Michael Munro, who happens to live right next door to the empty lot, and Mr. Munro claims there is an emPty lot there and it is available. Mr. DiSarli believed that Mr. Munro was in the audience. Mr. Gallo said if they had a plot plan, the lot faces 7th. On the west side of the street, facing east, there is a vacant lot to the left and a vacant lot to the right. He repeated that neither one of those people are willing to sell and asked, "Where is another lot that can be purchased: that would add to the s±ze of this lot?" He explained the lots and stated that there were no lots. to purchase. Mr. Slavin stated that he visited the property and drew a little map for his own edification. He called the property in question "A,, another lot to the north of it "B", and another piece of property that is developed "C". Mr. Slavin said Mr. Munro was the owner and lives on property "C". Mr. Slavin continued by saying Mr. Monro told him the plot was offered to him not to long ago for a price of about $9,000.00. If it was offered to Mr. Munro not too long ago, then Mr. Slavin thought the property may still be for sale. Therefore, Mr. Slavin thought they may be able to purchase more ground. It seemed odd to Mr. Slavin that Mr. Gallo was in the real estate business in Boynton Beach and should be familiar with zoning regulations, etc., but being in business in Boynton Beach and having access to all of the zoning regulations, Mr. Slavin would have thought Mr. Gallo would have looked twice before purchasing a fifty foot lot. Chairman Zimmerman noted that Mr. Gallo bought the lot in 1980. Mr. Gallo said that was correct and there are a number of homes built on fifty foot lots in there. Mr. Gallo assured the Members of the Board that a fifty foot lot for $9,000.00 is excessively high and, in his opinion, it would be impractical to add a $9,000.00 value to a fifty foot lot. Chairman Zimmerman said he would have to purchase a whole lot because in no way could the lot be split. Mr. Gallo said it would b~a'fift~ foo~ lot. If somebody on the other side wanted to buy'25 foot, something could be considered, but to buy the whole fifty would be impractical, Mr. Gallo continued. Mr. Slavin asked Mr. Gallo if he talked to Mr. Munro about the possibility of jointly buying the lot to the north. Mr. Gallo did not know Mr. Munro. Mr. Keehr, Deputy Building Official, thought what people may not realize is to the north of this lot that they are speaking of are two vacant lots. South, there is one vacant lot, so the lot they were speaking of is two lots away from Mr. Gallo's, not next door to it. Mr. Keehr said there are just three vacant lots. M~, Cassandra said they would be Lots 103 and 101, and Mr. Gallo's lot was 102. Chairman Zimmerman thought the question of whether there was land for Mr. Gallo to purchase was a vital part of the situation. To go out and buy a fifty foot lot for $9,000.00 when a fifty foot lot was purchased for $5,000.00 seemed totally impractical to Mr. Gallo. - 11 - MINUTES - BOARD~OF ADJUSTMENT M~Y 10, 1982 Chairman Zimmerman ascertained that Mr. Gallo did not pursue it very far. What Mr~. Gallo did was purchase a fifty foot lot. He was not lookinq for sympathy, but Mr. Gallo said he had two sons and one is married. Mr. Gallo helped him purchase a home. He bought it because it was a-good buy, and he bought it for son ~2, to be his wedding present when he gets married. Mr. Gallo wrote a letter to Mr. Henry Hendel, in Lynbrook, New York, who owns the one lot. He wrote to Mr. A, J. BOllinger, Hollywood, Florida. Mr. Bollinger subsequently passed away. Mr. Gallo then wrote to Mr. Bollinger'~s attorney', Mr. Johnson.~ Mr. Johnson said the son was going to inherit the property but, at the present time, the son had no intention of selling. Mr. Gallo then wrote back to these people and asked if each of them would be willing to buy 25 foot of his fifty and get him out of this non-conforming situation. Both of them said "No", Mr, Gallo emphatically said he made the attempt both ways, to buy and pay no more than what he paid for the lot he now owns, and he made an attempt to sell. Chairman Zimmerman noted that neither of the other owners have faced the situation yet that their lots do not have the proper frontage. They have not made plans to build so until then, they will not face that. It was Mr. Gallo's understanding that the people owned their lots prior to the zoning change. He said the Board would almost have to give them a variance if they come before the Board. Mr. Handel from New York told Mr. Gallo that he bought the lot for the day that he hoped he and his wife could come down to Florida and build on it. Chairman Zimmerman imagined if the Board granted their variance, the other two owners, one on either side of Mr. Gallo, would have a stronger case than what Mr. Gallo would have. Mr. Gallo replied that they already have a strong case because they .have owned their lots for about ten years. Mr. ~Keehr advised that they would not require a variance. Chairman Zimmerman explained that they are grandfathered in. Mr. Gallo remarked that he Was sandwiched in between the two of them, and they have no cause to buy his lot or any portion of it. Chairman Zimmerman felt that put a different slant on the whole thing. There were no further questions of Mr. Gallo. Chairman Zimmerman adviSed him that he would be given a few minutes for rebuttal if he wished. Chairman Zimmerman asked if anyone wished to speak in favor of granting the request. There was no response. Chairman Zim~erman said they would hear the co~m~unications in opposition to the variance. Secretary Gordon read a letter dated April 25, 1982 addressed to the Office of the City Clerk from Henry C. Kohl, San Antonio, Texas. A copy of said letter is attached and made a part hereof. Secretary Gordon indicated that Mr. Kohl owns the vacant Lots 74 and 75 on the Third Addition of Laurel Hills on North 7th Court (~they>ar~e 2~d~and~3rd~otsnorth of 8th Avenue]. - 12 - MINUTES - BOARD OF~ADJUSTMENT MAY 10, 1982 Chai~m~n Zi/~merman explained that in other words, Mr, Kohl has two vacant lots that he hasn'~t built anything on either. Secretary Gordon read a communication from Roy C. Hoffmann and Dorothy E, Hoffmann, 824 N. W, 7th Street, Boynton Beach, Florida 33435 dated April 24, 1982, copy off. which is attached and made a part hereof. Next, Secretary Gordon read a letter from Mrs. John A. Denholm, Jr., 1010 North West Seventh Court, Boynton Beach, Florida 33435, dated MaY 1st, 1982. A copy of said letter is attached hereto and made a part hereof. Secretary Gordon then read a letter from Linda L. Pollard (Darsch) and Joseph G. Pollard, ~12 N. W. 7th Street, Boynton Beach, Florida 33435, dated APril 28, 1982. A copy of said letter is also attached and made a part hereof. Chairman Zimmerman gave permission to any people in the audience Who had written the letters to come up and add to their letters if they wished. He then asked if anyone in the audience wished to speak in opposition to the request for a variance. Mike Munro, 1021 N. W. 7th Street, Boynton Beach, passed around a letter from the representative of the property just to the north of Mr. Gallo~s lot and to the south of his. Mr. Munro informed Members of the Board that the original owner passed away and the letter was from the Attorney who represents the estate. The letter was ~from William F. Hunter, Jr,, Attorney at Law, Hollywood, Florida and -dated October 21, 1981. A copy of said letter is attached hereto and made a part hereof. Mr, Munro told the Board that Attorney Hunter claims that the son, as of October 21, 1981, was willing to sell the property. The letter claims that a broker offered him $8,000..00 for the lot, but he wants $9,000.00 for it. Mr. Munro reiterated that the lot immediately north of the one in question is for sale, or it was in October. Mr. Munro asked Mr. Gallo if it was true that he contacted the owner of that lot. Mr. Gallo replied, "Yes." Mr. Munro then asked Mr. Gallo if he offered the owner $8,000.00 for it, and Mr. Gallo answered, "No". Mr. Gallo replied that he offered him his lot for $8,000.00 if he wanted to buy it, and he turned Mr. Gallo down. Mr. Munro asked if the owner of the property just to the north was willing to sell his lot to Mr. Gallo. Mr. Gallo replied, "No, he was not." Mr. Munro asked Mr. Gallo, "At what.date were you in communication with him?" "October 7, 1981 is when I~wrote him," Mr. Gallo responded. The date of Mr. Munro's letter was October 21, 1981, so Mr. Munro determined that within a two week period, the owne~ of the property just to the north was willing to sell a piece of property, but he was asking $9,000.00. Mr. Munro asked Deputy Building Official Bert Keehr regarding the lot j~st to the north of this~ if the son w~uld be grandfathered - 13 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 in with the fifty foot variance since the original owner died, and it is now in the estate. Mr. Keekr replied that-it was sort of a legal problem, although there was a similar cas~ where a widow~ took over some nonconforming lot, and he believed at that time she was granted the same rights as her husband would have, even though it was not a joint ownership. Mr. Keehr was not real~ly sure. He did not believe it could be passed on by the property owner to his son. Mr. Keehr repeated that it was a'legal' question, but it would be his guess that the property owner would not have been able to pass it on to his son. Mr, Munro suggested that Mr. Gallo may want to go back to the son and explain the situation %hat he will not he able to build on the lot either. Therefore, holding onto'the property will not benefit the son, especially if this variance is turned down. Mr. Munro pointed out that if.the variance is granted, they would have three fifty foot houses on that property. If Mr. Gallo goes back to the son and explains the situation that the son cannot be grandfathered in, Mr. Munro thought-~at that point the son would realize that he has no option but go go ahead'and sell it, but to sell it at a reasonable price. Mr. Munro stated that they do have houses that are on fifty foot lots on 7th Court, and there is one at the southend of 7th Street. He said they were not ~that nice looking, and it looks like a barn, Ail you see is the side of a house. Chairman Zimmerman conlmented that over the years, the people in Laurel Hills have been very much against the building on fifty foot lots, and they have appeared before the City many times. Chairman Z±mmerman asked Mr. Munro, since he lives in the area, if he thought $9,000.00 was a reasonable price, Mr. Munro did not know what the going price is for lots. He pointed out that the gentleman claimed that Mr. Gallo' offered him $8,000.00. Mr. Munro did not know what the other lots are going for and informed the Board that there are several vacant lots in the Laurel Hills area. Mr. Cassandra asked Mr. -Munro if~hey~were~faced with a situation with these three lots being owned by three sep-ara~e people that if they stay, they will be undeveloped land. Mr. Munro said that was right. Mr. Cassandra asked Mr. Munro what the residents of Laurel Hills were looking for. Personally, Mr. Munro would rather have a vacant lot 'there than three fifty foot houses. Marvin Klepps, 1119 N. W. 8th Court~ President of the Laurel Hills Homeowners AssOciation, wished to say something about the nonconforming lot ordinance. A few years ago, Mr. Klepps said there was much-time and effort spent by their committee to get the ordinance written to protect the neighborhoods of the City in an.effort to upgrade the neighbor- hoods or at best to maintain their community living. Mr. Klepps advised that the ordinance allows only the owners of nonconforming lot properties who were owners prio~ to the ordinance date (which was March, 1978) to build a residence on the prOperty, and only MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 then if it met the present zoning code and conformed with the neighborhood buildings. Mr. Klepps continued by saying tha~ the citizens of this area pur- Chased their propertieS because they liked that area, and the zoning there applied. Mrs. Klepps adamantly said it was grossly unfair to these people to allow the construction of anything less than what the present zoning requires because it degrades property values in the community, Mr. Klepps said they welcome the owners of properties who are owners prior to the ordinance amendment date to use their properties to mature and enhance the community, whether it'be in a residence which they, themselves, wish to live in that would be attractive and meet all the zoning requirements. In this case, it did not seem to Mr. Klepps to be any hardship. It appeared that there are two properties, one on each side of the one in question that could be available. Mr. Klepps asked that the variance be denied. Hayden Bivins, Jr., 1022 N. W. 7th Street, Boynton Beach, who also owns a home at 1026 N. W. 7th Street, thought the real case here is, as Mr. Klepps said, that it is not a hardship case. Mr. Gallo, being in the realty business knew when he bought, the lot that he could not build on it, and Mr. Bivins had no desire to see Mr. Gallo use the lot and degrade his properties, As far as Mr. Bivins could tell, there was no hardship~ He was sure that next to Mr. Gallo, on bo~h sides there would be some way they could work out a method of buying a piece of it so that they could build on it. Mr, Bivins, personal!y~ and he,was sure he spoke for everyone in Laurel Hills, did not~ wiSh to see three homes built on fifty foot lots in a row, He stated that anyone that had been down N, W. 7th Court were well aware of what that looks like. Mr. Bivins said the residents were very proud of their development in Laurel Hills and strive to keep it clean, to keep their houses up, and they feel it is a credit to Boynton Beach' and would not like to see it degraded in any method. Mr. Bivins sincerely felt that three fifty foot lot's .with houses on them would not help their neighbOrhood om the City of Boynton Beach. in the least bit. Mr. Bivins requested that the Board deny the variance. Mr. Cassandra asked Mr. Keehr if Lot 101 was grandfathered in (~t's the lot south of Lot 102~. Mr. Keehr replied that was right. Mr. Cassandra questioned whether Lot 103 was a piece of land that .had been left to a son, and it was not grandfathered in. Mr. Keehr began to answer, but Mr. Cassandra interrupted to say as far as it Would be legal. Mr. Keehr said that was right. If Lot 101 desires to build~ Mr. Cassandra stated that he could on a fifty foot lot, Which wo~ld make it that much harder not to grant a variance to the other two pieces of property~ He wanted to make that point clear~ as people were~talking about not wanting any fifty foot homes. He called attention to the fact that the - 15 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 person who owns Lot 101 could build a fifty foot home. Mr. Bivins was well aware of that and said he knew it was grandfathered in and the owner could build on it. Mr. Bivins had no objection to that, as there was nothing they could'do legally about.it. Mr. Bivins felt they should cross that bridge when they come to it, not now. Mr. Cassandra just wanted to make sure,Mr. Bivins was aware of that fact. Mr. Allan Jurney, 1016 N. W. 7th Street, Boynton Beach, has known Mr. Vincent Gallo for years and told Members of 'the Board that Mr, Gallo is a fine man, but he lives across the street from what is going to happen. From a human standpoint_ahd common.sense, Mr-. Jurney said they do not want this in their neighborhood, He said everything else goes out the window, and his property value would go down. Mr. Jurney emphasized that' he did not like it. There~was nothing Mr. Jurney could do about the grandfather clause, but he had to let everyone know that he totally disagrees with what Mr. Gallo wants to have done. Mr. George Ampol, Alternate Member, stated that he keeps hearing about the grandfather clause but he noticed ~that the property owners only purchased their properties two years ago (May 1, 1980), so he asked where the grandfather clause~came in. Mr. Ampol was sure Mr. Gallo, who was here at the ti~e, k~new that the lot was nonconforming. Chairman Zimmerman explained that they were not saying Mr. Gallo was grandfathered in. They were talking about a lot to the south that was purchased earlier. Mr. kmpol wanted the Board to recognize the fact that Mr. Gallo only purchased the lot two years ago and at the time he knew it was nonconforming. ChaLrman Zimmerman said that was why Mr. Gallo was asking for a variance because he would have to if he wants to build. Mrs. Salvatore Altadonna, 1016 N. W. 7th Court, Boynton Beach, informed the Board that he lives directly behind· the home Mr. Gallo is going to build. He said it'would be a real eyesore for him to go out his back door and see that house in his back yard. If Mr. Gallo had a sixty foot property, Mr. Altadonna said he would have no objections but a'fifty foot, Mr. Altadonna could see no reason why Mr. Gallo should have a variance. Mr. William Kalkan, 1012 N. W. 7th Street, Boynton Beach, came forward and said the house that Mr. Gallo wants to build is directly in front of their property across the street. She told the Board the City zoned the place for sixty foot lots-when they went in there. Mrs. Kalkan asked Members of the Board if they were changing - 16 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 them again, back to fifty. Mrs. Kalkan thought if Mr. Gallo knew it was going to be sixty, he should not have bought a fifty foot lot. Mrs. Kalkan said they had nothing to say about the Industrial Park and did not know what was going to happen there, as all they have is the street. Now, Mrs. Kalkan exclaimed, "We're going to get a '50' lot in front of us and-maybe the other two, somebody else sell, get another variance, so we're going to wind up with three fifty foot houses or fifty foot lots." Mrs. Kalkan did not think it was fair for the people who'have been there (they have been there for seven years). Mrs. Kalkan referred to the other two neighbors said they bought because they liked the area. Mrs Kal:kan did not think Mr. Gallo should get a variance. Mrs. Kalkan did not know what Mr. Gallo would do with ~e lot and-commented, "Maybe he'll~ keep it, and maybe he'll sell it for more money, and somebody else will get a variance." Kathleen D'Urgolo, 1022 N. W, 7th Court, Boynton Beach, told Members of the Board everybody else had already said everything she felt. Mrs. D'Urgolo also thought the variance should be denied. She stated that the residents'kept their homes very neat and very clean. When she has to have things done to her home, Mrs. D'Urgolo said she had to come to the City and had to do it the way the City wanted it done or else she could not do it. She couldn't put a shed in a certain spot· because the City did not want it. Mrs. D'Urgolo went along with it to keep the area the way the City wanted it ~kept. She thought by putting this home where Mr. Gallo wants to put it would not be right. Mrs. John A. Denholm, Jr., 1010 N. W. 7th Court, Boynton Beach, had already written a letter (which Secretary Gordon read previously). She asked if the three lots were all sixty foot lots that were next to Mr. Galio'.s. Members of the Board answered that they were all fifty foot lots. Mrs. Denholm thought the woman on one side, who is dead now, sold part of her property, Mrs. Denholm was under the impression they were sixty foot lots until the Members of the Board told her they were fifty foot lots. Mr. Gallo could appreciate everybody's feelings. He said every- one talked like they would build something slummish, but he did not feel that they would. As far. as being direct~ly behind Mr, Altadonna~ Mr. Gallo said it was not, i% was directly behind Mrs. Denholm. As Mrs. Denholm said, Mr. Gallo cleared the lot off and trimmed her Australian hedge that abutted his property. If Mr. Gallo was not mistaken, the people who owned'the lot before they bought it were grandfathere~ in. Mr. Gallo's mistake was in not having them come in to get the variance, which they could have - 17 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 done at that time. The problem remains that there is a lot adjacent to this one, Mr. Gallo informed the Board, and it is a fifty foot lot and is grandfathered in. Mr. Gallo continued by saying that Mr. Keehr says it is a question of whether it has to be asked of the attorney, but there is a good possibility that the one that was just transferred'~.from the estate of the father to the son could pass on to the grandfathering clause. Mr. Gallo told the Members of the Board that he was in the'middle of the two. Mr. Gallo referred to Mr. Munro saying the gentleman said that he (Mr. Gallo) attempted to buy. Mr. Gallo stated that he did not attempt to buy, Mr. Gallo informed the Board that his letter to William F. 'Hunter, Jr., Attorney in Hollywood,' regarding the BOllinger Estate, said he owned Lot 102, and. Mr. Hande! owns Lot 102. Mr. Gallo continued by saying he told them if they would be interested he would~.be glad to sell those two gentlemen half of his lot, if each of them would agree to purchase it. Mr. Gallo did not agree and did. offer any price for that lot. He first asked if it was available for sale and was told that it was not. That was October 7 of last year. Mr. Gallo researched the fact that both lots, at the time they made the acquisition, were owned by people who were grandfathered under a fift~· foot perqniss±ve use of the property and, as a consequence, he did not ask the previous owners to come in and go through the time and expense of the variance. He figured he could do that just as wet.1 when the time came. Mr. Gallo concluded, "Here I am. I~m looking for the relief." THE PUBLIC HEARING WAS CLOSED. Listening to the pros and cons, and feeling for both people, Mr.. Cassandra was also concerned that maybe the Board could open up a Pandora's box by granting one. He was not saying he was or was not in favor of the variance. Mr. Cassandra was concerned that if the Board grants one, they would automatically have to grant all three if, legally, it is not grandfathered in. Mr. Cassandra was also concerned that the Board would create a hardship by granting a variance, and thought the Board should consider that portion of the possibilities. Chairman Zimmerman agreed that it was a very important point, Vice Chairman. Thompson brought Up the fact that Mr. Gallo sits on one side of the person that is grandfathered in and on the other side, they could have the original owner ask for a variance at any time. Even if it is turned down though, Vice Chairman Thompson did not feel it would clOse the door to Mr. Gallo because if the other ~two owners build, it would without a doubt place Mr. Gallo in a hardship position. Vice Chairman Thompson pointed out that it would not wipe out Mr. Gallo's chances of building on the property-if it is denied. - 18 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Slavin determined that the Members know that the property was owned for two years, Six months ago,~ almost seven, Mr. Mike-Munro received a letter from William F. Hunter, Attorney, saying that the property was for sale, Mr. Slavin quoted f~om the letter, "We have been approached by a broker who wants to buy the lot or to list it. He owns the lot to t~he south of our lot, so he says." Mr. Slavin said the Board Members did not know if it ~as t~ue or not, but the essence is that the lot is available. If it is a question of price, Mr, Slavin thought perhaps it could be adjusted. If the lot was not available, it was another story again. Mr. Slavin stressed that this was a matter of record that the lot is available. When Mr o Slavin visited the property, Mr. Munro made a statement to him that he would be w±lling to buy the lot in conjunction with Mr. Gallo. Mr. Slavin thought that evidently property is avail- ab le because Mr. Gallo requested the variance as "Owner cannot purchase additional property to conform to today's zoning requirements." (Mr. Slavin quoted from the application.) Mr. Slavin said here is evidence that says he can. Chairman Zimmerman .observed that the two statements do not conform and leave a puzzle in the minds of the Board Members. Mr. Cassandra moved to deny the request based upon the fact that the hardship was. not created by the City. Mr. Cassandra added that the property was bought at the time that the applicant was aware of the requirements of the property. Mr. DiSarli seconded the motion. Mrs. Ramseyer took a roll call vote on the motion as follows: Mr. Blum Vice Chairman Thompson Chairman Zimmerman Secretary Gordon Mr. Slavin Mr. Cassandra Mr. DiSarti Aye Aye Aye Aye Aye Aye Aye The motion to deny the variance carried 7-0, Chairman Zimmerman announced that the application for variance was denied. Parcel $3 Lot 11, together with the East 29,0 feet of Lot 46, and the West 71.0 feet of Lot 47, HARBOR ESTATES Recorded in Plat Book 21, Page 98, Palm Beach County records Request Address Applicant to secure a 13' rear setback variance 820 North ROad Richard R. Carta Secretary Gordon read from the application that the property is - 19 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 R-1AA and was formerly zoned R-1AA. He further read, as follows: "~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: Roof covering 12' x 18 ' 11' x 17' screened roc~ to rear of hC~ne, Screen ~roc~ would be 12' from property line, therefore, requiring a variance of 13'." "Statement of special conditions, hardships or reasons justifying the requested exception or variance: Recent addition of child (newborn baby girl) and son (17 yrs,) from previous marriage has rendered home conditions to be cramped and unbearable. Neighbors hc~es and additions all extend out to within eight (8~ toten feet (10') from proper~y line." Chairman Zimmerman confirmed with Secretary Gordon that there was no correspondence in favor of granting the request. Mr. Richard Carta, 820 North Road, Boynton Beach, applicant, appeared before the Board. Chairman Zimmerman referred to the comments mentioned in the application above and told him he may wish to elaborate on them, as Mr. Carta had written the comments. Mr. Carta informed Members of the Board that he and his wife have requested a 13 foot setback for a variance. They have resided at the home since ~ugust, Mrs~ Carta is an Eastern Airlines Steward~as home on leave. M~s, Carta recently had a baby, who is about one year old, She must commence flying again or leave Eastern Airlines, and she has been with them for about eleven years. Mr. Carta said Mrs. Carta's flights are of short duration but require that they hire a baby sitter one or two days a week because of that situation and the fact they are close to the water. Mr. Carta said they chose that house particularly because it was located across the street from the water and not with the back yard to the water.. As of the past-two weeks, Mr. Carta contracted with Sears to put a protective fence across the water front, which eliminates some of the problem, and also fence in the yard. Mr. Carta believed all Members of the Board had been over to his house, which shows their interest, and they saw the fence he had built around the wooden deck which he recently secured a permit for and constructed. The idea of the room, Mr. Carta continued, w.ould be to extend an aluminum panel roof, which is a non-permit .type of roof, according to the Code. All they could use it for would be for a screen room. It was Mr. Carta's understanding that they could not-~wall in the room without coming back before the Board again. Also, Mr. Carta said they put it on a wood deck, which did not give it any permanence. He said the at.uminum panel roof would extend only seven feet, because they have an existing cover %hat is already there. Mr. Carta believed it was a five foot ¢over~that is already there, coming from the house, and it would extend seven feet by - 20- MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 eighteen feet. The five foot existing roof plus the seven foot roof would measure twelve feet, Mr. Carta told the Board, and the width would be ~seventeen feet +. Mr. Carta further informed the Board that it would put it about three feet within the boundary of the fence that surrounds the existing wood deck and would be partially, hidden from the view of the neighbor's bar (that wooden fence which is about six feet from the ground and 5-1/2 feet from the wood deck). Mr. Carta felt that the screened-in (which would be black anodized) contracted screen room would be an added safeguard to the baby getting loose or walking away from a~baby sitter. Even though they have a 5-1/2 foot fence'around?the.~y~rd~r~hat~ean.be opened from high latches, it has to be opened fzom outside by sticking your hand in to the high latches on the inside. Mr. Carta said it would be very difficult for the baby to get out at this point. Mr. Carta told Members of the'Board they were just going to put in a screened enclosure~-without.~ roof but they suddenly dis- covered that it rains in Florida. They felt their little girl should have a place to play that is outside in the fresh air. Mr. Carta spoke to all of his surrounding neighbors, .including many.'others to solicit their comments before attending the meeting. He said they felt positive toward it. They felt other additions he had been making on it Such as central air, changing all the windows, a new driveway, and sprinkler system improved it. Mr. Carta passed around pictures showing the east, south, west, and the subject wood deck. Mr. Carta also passed out an estimate to the Board Members from J, White .Aluminum Products,_215 S, E. 8th Avenue, Boynton Beach, Florida, in the amount of $985.60. Mr. Carta also gave the Members of the Board signed letters from his neighbors. Secretary Gordon read letters from the following people, copies of which are attached hereto and made a Part hereof: James M. Fichera, Owner/Resident, 8'00 North Road, Boynton Beach, dated May 9,' t982. Mr. Michael Brink~an, Owner, 819 South Road, Boynton Beach, dated May 9, 1982. Sal and Pat Trantolo, Owners/Residents, 815 South Road, Boynton Beach, Florida, dated May 8, 1982 Wayne E, Yordy, Owner and Resident, 830 North Road, Boynton Beach, Florida Mr. Blum wished to concur with some of the letters that were written. He informed Members of the Board that he and Mr. DiSarli visited the neighborhood and found that everyone was in favor with what Mr. Carta was doing with his home. - 21 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Chairman Zimmerman said there was a rebuttal and if no one in the audience was here to give it, it might fall upon him to give it. Since Chairman Zimmerman has been on the Board, there have been a great number of people from that area asking for variances of this kind. Chairman Zimmerman pointed out that some of.the people who wrote letters received a variance before so, naturally, they would want their neighbor to receive one. The other side of the coin is, Chairman Zimmerman continued, the more variances that are granted, the more of a clutter or congestion is built up. Chairman Zimmerman wondered how many variances they give and if they are ~h~r~sh~ps. Chairman Zimmerman asked if anyone else wished to speak in favor of granting the variance. He asked if anyone else wished to speak in rebuttal, although he did not feel it was necessary. Mr. Carta added that he was quite active in the neighborhood, as they have a Neighborhood Watch that has enabled him to meet just about everybody there. He met three people who have been before the Board before for ~ariances. Mr. Carta sa~id most of those people were from the south and he was at'the east end. The man next door to Mr. Carta had appeared before the Board for some major changes. Mr. Carta never saw the plan but understood that his neighbor had some major renovations, Even his son mentioned that it was a major job. Within the area that they have, Mr. Carta did not think there would be any more applications coming up. He thought they all got ~heir variances. THE PUBLIC HEARING WAS CLOSED. Chairman Z-immerman rem.embered a variance that came up a little further to the west for major construction, and. it was ~urned down. Mr. Keehr said it was his next door neighbor. Chairman Zimmerman thought perhaps Mr. Carta was thinking of someone else, Mr. Cassandra said that was immaterial and had nothing to do with Mr. Carta's request. Mr. Cassandra asked if he would build a swimming pool in that area, in that particular house, would.~he need an 8 foot setback. Mr. Keehr said that was correct. Mr. Cassandra asked if he would need no bearings to build a screened enclosure around the pool. Mr. Keehr replied that~wasc©rrect. Mr. Cassandra noted Mr. Carta received a permit for a wooden deck. Now he is asking for a screened enclosure, not for the whole deck but for about 3/4 of the deck. Mr. Cassandra asked if Mr. Carta's request was any different than a screened enclosure of a pool - waS~ it~the aluminum roof. Mr. Keehr asked Mr. Cassandra if he was looking at the top of page 44. Mrl Cassandra replied that he was. Mr. Keehr advised that the aluminum roof does make a difference. Mr. Cassandra asked what if it is fiber glass. Mr. Keehr replied that it is still enclosed. - 22 - MINUTES - BOARD ~OF ADJUSTMENT MAY 10, 1982 Mr. Cassandra asked if it was considered a fixed attachment to the house. Mr. Keehr replied, "Yes," Chairman Zimmerman said that understanding had been existing for quite sometime. Mr. Slavin recalled an unfinished room on the property directly west of Mr. Carta's. He remembered that there were cinder blocks and a gate, a big wash line, and.outdoor furniture. To Mr. Slavin's eyes, it was less than 15 feet from the building line~ He did not know if it started out to be a room or what. Also, driving around the whole area there, Mr. Slavin saw structures put on property that were actually abutting the building line or probably two or three feet away, Mr. Slavin thought the whole neighboorhood was more or less saturated with variance~s or violations.-~ Mr. $1avin just wanted to make his point clear. In view of what is existing there now, the reason for the variance, and Mr, Carta's neighbors surrounding him have no objection, he would make a motion. Chairman Zimmerman wished to see if there was more discussion. ~ Vice Chairman Thompson pointed out that the way the place is platted, not one place could build in there today - not one house in the neighbOrhood could be built back, When Vice Chairman Thompson stood at Mr. Carta's fence and looked in different directions, he thought everybody was five feet off the line. He thought Mr. Carta might be the only person that was off to the property line a little bit. Vice Chairman Thompson thought it was an area where most of the people had been before the Board for some type of variance, Chairman Zi~erman thought part of the building difficulty there was that part of the lot is out on the water front and then there is the street and the remainder of the lot. Mr. Keehr said the owners own the properties out there. They are separate parts of the property. Chairman Zimmerman advised that the building part of the lot is reduced in size because of the portion being on the north side of the roadway, on the water~ which is a peculiar situation. Mr. Cassandra asked if there was any limitation on what the over- hang from a house could be~. Mr. Keehr answered, "Yes. Two foot." Mr. Cassandra deducted that he had a two foot overhang and was adding to the overhang. Mr, Keehr said he could add. and the over- hang can be two foot. Mr. Cassandra pointed out that Mr, Carta has two feet already, and he is going to add another seven feet to that two feet, to give him a total of nine feet. Mr. Keehr explained that was why Mr. Carta needs a variance. Although they do not specifically state th~ an aluminum roof would indicate others, Mr. K~ehr~advised that the definition of a screened enclosure did say. screened walls and screened roof. Mr. Cassandra was not finding fault, but felt certain things should be addressed so the Board would have them for clarification, - 23 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Cassandra moved to grant the request by the applicant for the variance. He felt the word "hardship" in~Webster,s Dictionary was too confining. In Mr. Cassandra's opinion, an important factor was that if you grant variances to .around the neighborhood, it would be unfair and create a hardship for that one person who could not have a variance. Mr. Cassandra considered it a hardship, based upon the fact that four other people have gotten~variances. Further, Mr. Cassandra found a little discrepancy with the definition of "aluminum". He was not disagreeing with the Building and Zoning law. Mr. Cassandra said there was ~a hair line between a screen and an aluminum roof cover, which should not make such a big difference in an enclosure since all of the rest is screening. Mr. DiSarli seconded the motion to grant the variance. Chairman Zimmerman tried to clarify the matter of the roofs and screened enclosures by saying one keeps out the water, rain and elements while the other one does not. Mrs. Ramseyer, Recording Secretary, too.k a roll call vote on the motion as follows: Vice Chairman Thompson - Aye (He was in favor of the motion because his main reason was last month he also saw reason to justify voting in favor of an awning. He agreed each case is based on its own merit.) Chairman Zimmerman - Aye (He thought there was a peculiar situation on the condition of the water frontage lot and the remainder o~ building portion being reduced in size.) Secretary Gordon - Aye Mr. Slavin - Aye Mr. Cassandra - Aye Mr. DiSarli - Aye Mr. Blum - Aye Tt~e motion to grant the variance carried Parcel ~4 That part of the West 100' of the East 395' of Tracts A and B in Blocks 1 and 2, less the North 35' thereof~ lying North of the Northerly right-of- way line of State Road No. 804 (Boynton Road) PALM BEACH FARMS COMPANY PLAT NO. 8, of Section 30, Township 45 South, Range 43 East, as recorded in Plat Book 5, Page 73, Palm Beach County records. Request - to secure a 19' 6" variance to erect an antenna 6 inches from rear property line - 24 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Address - 1511 N, W. Second A~enue Applicant - Moody Bible Institute/Dick Florence, Agent M~,~ r. Robert Gordon, Secretary, read from the application as follows: "Property is presently zoned C-3. Formerly zoned M-1. Denial was made upon existing zoning requirements frcm which relief is required: Section 4-F-4-(il No part of any receiving antenna ~may encroach in any setback. Nature of exception or ~variance required: C-3 Zoning requ. ires 20~ rear setback. Owner wishes to place antenna 6" frc~ rear p~operty line, therefore requiring a variance of 19 ' 6". · Statement of special conditicns, hardships or reasons justifying the requested exception or ~variance: The placement of this antenna is vital to properly receive signals and block out interference." Chairman Zimmerman determined from Secretary'Gordon that there were no communications whatsoever regarding the application, Chairman Zi~erman then requested Dick Florence, Agent, 1511 N. W. Second Avenue, Boynton Beach, to come forward. Mr. Florence told the Board they would like to construct a receive dish antenna for the purpose of receiving signals from a satellite so that they might use those signals to broadcast educational material on WRMB at their existing site, Mr~ Florence informed the Board Members that there would be ample room behind their studio office building at 1511 N. W. Second Avenue if it were not for the Lake Worth Drainage District's thirty-five (_35) foot right-of-way, which the Moody Bible Institute maintains have'sodded, mows and ~ares for, ' Mr. Florence further told the Board that the Moody Bible Institute understood at the time that nothing could be built on that 35 foot right-of~way? They were not requesting that anything be placed on the right-of-way but, with the existing twenty (20) foot setback, Mr. Florence stated that they would like to put a concrete slab upon Which to put the dish antenna. It would be immediately behind their building, he continued. Mr. Florence said that the building, itself, would be acting as a shield for the antenna, which would protect, it from spurious signals in the area. He kindly requested the Board Members,~ indulgence in this and asked for their permission as they asked for the variance to the existing .zoning. Chairman Zimmerman asked Mr. Florence if they would have room enough on their property, not encroaching on the Lake Worth Drainage District property, to put a fence around this dish if they wanted to do that, Mr. Florence believed they could safely construct a chain link fence a~ound the dish, existing on their property. Chairman Zimm~erman did not think six inches would be much room. Mr. Cassandra did not-think Mr. Florence would want a chain link fence, as he did not think they would want a metal fence around a receiving dish. Mr. Florence agreed that it was a good point. - 25 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Cassandra asked if the dish would be 19 feet in diameter, Mr. Florence believed it would be about 16 feet. Mr. Cassandra asked if it would be comparable to the public radio or public FF station 'in__Leisurevitl~e_.(the large one}. Mr. Florence said it would be inbetween those two. Mr, Florence said it would be larger than the smaller one but considerably smaller than the larger one, and it would not be that tall, Mr. Cassandra asked what the height would be. Mr. Florence answered it would be about eig.ht feet. Secretary Gordon wondered how much of the antenna would be seen from the road. Mr~ Florence believed the building would shield all of it unless you would stand just at ~the right angle and look inbetween the two existing buildings. He believed most of it would be shielded, Mr. Cassandra thought you would see if, if you went to Burger~King. He thought their entrance was from the same drive- way as the one that goes to the Moody Bible Institute, and said you would be .able to see the dish from Congress Avenue, but would not see it from N. W. 2nd Avenue providing it does not exceed the height of the building, Mr. Florence told Mr. Cassandra that was right. Mr. Florence informed Mr. Cassandra that there is not a common driveway, as they ha~e their separate d~iveway and probably 25, 30, or 40 feet to the west is another driveway, Mr., Cassandra noted there is no divider between the two driveways, Mr~ Gordon asked if there was a driveway into the ca~pet place, right next. door.to the Moody Bible Institute. Ms. Florence replied tka~ the carpet place has their own driveway, Moody Bible Institute has its own driveway; there is curbing; there is hedging between and Plantings and a lot of grass, Chairman Zi~merman asked if the driveway extended to the back of the building, Mr.. Florence replied, "No, Theirs does, Ours does not," Mr, Cassandra asked if Mr..Florence knew what the height of the dish would be. Mr, Florence estimated it would be somewhere in the neighborhood of 13 feet above ground-because of the tilt of the dish. He explained that the dish w~ll not be s~tt~ng up, it will be laid back, pointin~ up toward the satellite. He estimated it would be 12 or 13, and~the maximum he thought Would be 14 feet. Mr. Cassandra felt this was ano.ther area the ~oard had not addressed. He referred to the words "antenna" and "'dish", Mr. Cassandra felt the dishes in front of Leisureville were not sights that were pretty .to look at if you live in Leisureville. He agkR~ledged that this was a different case, but Mr. Cassandra believed the Building Department might approach the City Council regarding a dish explanation because satellite receiving dishes will become more and more prevalent as they proceed from commercial use to private homes. Mr. Cassandra thOught they should, ~n the very near future, direct the building of dishes in residential private homes, He said he was familiar with that; as ~hey had hooked one up on Andros Island in the Bahamas. Mr. Cassandra reiterated that 'he thought they should direct the City Council to address the dish antenna. He noted that they have already addressed the height of the antenna but have not directed their attention t~ the dish, - 26 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Chairman. Zi~merman thought it was a matter that would have to go before the Zoning Board. He pointed, out that it had nothing to do with this particular application whatever. Chairman Zimmerman said the zoning was proper and everything; .. He said.~r' Florence needs the variance he is asking for. Mr. Slavin informed the Members of the Board that he visited the property. Mr. Florence took him'out back and' showed him the site. Mr. Sla~vin said the 35 foot right-of,way looks llke a lawn. Where the property of-the applicant ends, there is a lot of sand, Mr. Slavin continued. When you drive west on 2nd Avenue, you cannot see the dish; when you drive east on 2nd Avenue, their studio building obstructs it, and Mr. Slavin. ad~ised, in no way does it bother anybody, to the north, east or west of it. To the south, Mr. Slavin said their studio hides the dish. Mr. Slavin noted that Mr. Florence was requesting a very deep setback. Actually, with the 35 foot right-of-way in back of it to the north, Mr. Slavin-said you could almost say that was the applicant's property line. ~5 foot from his own property line is within..accordance, and by the visual appearance of it,"~.Mr, Slavin continued, "-it looks like it is all part of the same property," Mr. Cassandra asked if there were any easement rights that the dish would be lying on, Mr, Bert Keehr, ~eputy Building Official, replied, "No," It would be lying on the applicant's property. Vice Chairman Thompson asked if it was possible that ~th.e applicant had only six inches and yet they maintain the Lake Worth Drainage District property, He also wondered if-it was possible for them to plant some type of hedge from the north 'that would completely block it out 'from the bank area. Vice Chairman Th~npson did not know what the applicant ~as allowed on the drainag~ property right- of~way, such as planting hedges. Chairman Zimmerman advised that you have to get permission from the Lake Worth Dra±nage District, He said they usually allow the planting of trees or shrubbery by written agreement,~-.but they usually do not allow permanent structures, Chairman Zimmerman thought this might be classified as sort of a semi kind of structure. Vice Chairman Thompson said there was no questiOn abou~ the dish, it was permanent. Chairman Zimmerman agreed that it was fastened to the ground. Mr. Stavin advised that there was a 12x12 concrete slab. Chairman Zimmerman remarked that the slab, itself would create no problems~ ' Chairman Zimmerman ask~ed if anyone in the audience was in favor of granting the variance. There was no response. He asked if anyone was in opposition to grantlng the ~ariance~ There was no response. He stated that there were no more communications, THE PUBLIC HEARING WAS CLOSED. - 27 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Cassandra asked Mr. Florence if they were going to transmit any signals received by the dish out again or would i% just be for receiving. Mr. Florence replied that it would be received and, at their discretion, some of it would be rebroadcasted over their station which towers out five miles one.Hagen Ranch Road. He said it was for the purpose of receiving the signals, and then rebroad~ casting certain amounts of it in varying amounts. Mr. Cassandra asked if they also service Boynton Beach. Mr. Forence replied, "Oh yes. All over the whole area." Vice Chairman Thompson felt a dish seemed to'be necessary in this type of business. He said he would have to take Mr. Florence,'s word for it, that the dish was needed. ¥i¢e Chairman Thompson asked if it was possible that a~dish could be put on top of a build~ ing. Mr. Cassandra explained that they are pretty heavy, and he would not want to make it a lightning rod to attract anything on top of a building, Normally, Mr. Cassandra informed the Board, the dish is set on the ground and aimed toward a particular satellite to pick up that particular transmission, Vice.Chairman Thompson argued that it depends on the size, and.said they put them on top of school buildings. If the City addresses %he problem, Vice Chairman Thompson said they will have to think of on top of houses, Mr. Cassandra said if they are on top, they have to be careful that they are not a microwave conception. Mr. DiSarli moved to grant the variance, as he believed it conformed to the property. Secretary Go~don seconded the motion. Chairman Zimmerman thought there was a special condition existing with the way the property lie~s, as it is right nex~ to the Lake Worth Drainage District on t~e back part of it, and a commercial property across the canal. He felt'the condition blended in with surrounding atmosphere, Mrs. Ramseyer, Recording Secretary, took a roll call vote on the motion as follows: Chairman Zimmerman Secretary Gordon Mr. Slavin Mr, Cassandra Mr. DiSarli Mr. Blum Vice Chairman Thompson Aye Aye Aye Aye Aye Aye Aye The motion carried 7-0. This permits the variance to be allowed Chairman Zimmerman announced. ' Mr. Florence thanked the Members of the Board and informed them that WRMB is a non-commercial, educational, FM station, owned by Moody Bible Institute. He said they promote the welfare of the City of Boynton Beach, as they do public affairs interviews and news. They have nothing to sell. They 'are an educational, religious station, but Boynton Beach gets a good deal of promotion and free advertising. Mr. Florence said they think Boynton Beach is a fine connnunfty and they are committed to do everything they - 28 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 can to enhance this community. Mr. Florence said they are heard as much as 180 to 200 miles away, in the Bahama Islands and across the State of Florida. Other Matters Mr. Blum referred to mail being received by members of the Board. Mr. Blum said the mail has been received for quite a few months from the City of. Boynton Beach Staff. He did not know how far back it goes. Mr. Blum said the letter is not signed by any staff member, and he thought it put Members in the position where it directs them, more or-less, how to vote according to ~what they pu.t down in the letter. Mr. Blum stated that he could not talk intelligently when he did not know what he was talking about, or where the letter comes from, but he did not know why they have ~o have a Board of Adjustment 'if they are giving ~variances or not giving variances on a letter signed by stall.members. 1. Mr. Blum wished to know who the staff members are. Mr. Blum did not like to use the word "hankypanky" but if there was something on the order'of hankypanky, Mr. Blum did not want to be involved in it. Mr. Blum called Vice Chairman Thompson, who claimed he sent a letter to the staff stating that the Board Members did not want any more of these type of letters. Vice Chairman Thompson said last year, they made a note in the minutes that they disapproved of~ it and, at that time, Vice Chairman Thompson thought they asked that it be dis- continued, as Members of the BOard thought it was possible to influence a vote. Mr. Blum stated-that was the way he felt. Vice Chairman Thompson said they did not se~d a letter, They asked it twice in the minutes. Bert Keehr, Deputy Building Official, Building Department, advised the Members that he could answer all of their questions, and he believed he answered them before. Mr. Keehr said. he was certainly willing to do so again, Mr. Keehr answered as follows: Who are the staff members? They would be the City Manager, the City Planner, the City Building Official and Mr, Keehr, Deputy Building Official, ~ ' Mr. Keehr explained that the reason for the analysis- was brought about by the City Manager's request. Also~ the reason City'Manager Cheney brought it about was that he (City Manager Cheney~ felt perhaps the Board could use whate~er expertise the four of them might give to the Board in the matter of analysis;..~law, or in the matter of whatever help they could gi~e, Mr. Keehr adv±sed. Mr. Keehr had the feeling that Members of the Board would rather do without the letters. He noted Mr. Blum had made that statement, but he did not know if it had been consented to by the entire - 29 - MINUTES - BOARD OF ADJUSTMENT ~Y 10, 1982 Board. Mr, Keehr suggested that a vote be taken and the Board give him an answer, 2, Absolutely, without a question, there was no hankypanky, Mr. Keehr emphasized. He stated that the City Manager, City Planner, City Building Official, and himself are all very dedicated people and are here to serve everybody. Mr. Keehr said they try to serve both the peOple and the Board M~mbers,· and he hoped there were no hard feelings as there ~erta±nlY was no intent. Mr. Blum wished, to reiterate what ~he said, Mr. Cassandra referred to a newspaper clipping which quoted City Manager. Cheney, and he read, "95% of the decisions made by this Board a~e probably illegal." Mr. Cassandr~ stated it was printed in the newspaper, and he took exception t¢ that. Mr.~Cassandr.a felt that he, personally, trys very ha He welcomed the advice c conclusion as to whether He felt that sentence sh the Board sit there, and rd to evaluate every case to its merits. f the staff, but he did not welcome their a variance should be granted or not. ould be left out. He said Members of they cannot help but read it. Mr. Cassandra said it is like the Judge telling the jury, "Forget what he said," But he said it, and it is in your mind, Mr. Cassandra pointed out. Mr. Keehr said since he is the man' that dictates the answer to his secretary, and she types it, it was very hard for him to say something and not say it~ .Mr. Keehr inf0rm~d the Board that he tries his utmost not' to direct or-'give an answer, but he has to make a statement that something would be justified o~ it would not be justified, Mr, Keehr pointed out that the Board has taken its own path no matter what, anyway. In the long run, Mr. Keehr advised~ it is up to the Members of the Board. Secretary Gordon remarke~ that if that sentence is left out, they may as well leave the Whole thing out, Mr. Blum commented that the idea is getting a letter with no signatures, and no names. Chairm~n Zi~merman told him that Members of the Board know who it is, Mr, Keehr apologize~ to Mr. Blum, saying that he thought who the Members were had been explained before. Mr. Blum said~it had never been explained before. Mr. Slavin appreciated Mr. Keehr's counseling but felt that the fact that Mr. Keehr's presence is at the meetings of the Board, and Members of the Board direct questions at him and to him pertaining to the issues at hand, he did not see the reason for any letters. He thought it was llke double work. Mr. Slavin informed the Board Members that'he would be leaving town on May 18th and wou~d return On June 8. He wished to be excused if there would b~ a meeting on May 24. Chairman Zimmerman advised that there are a~ternates. · Vice Chairman Thompson admitted that there are ti~es when he welcomes any additional information staff can give, However, he did not like to receive the conclusion. Vice Chairman Thompson said there are times what %hey point out on a certain piece of property - 30- MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 certainl~ helps. Vice Chairman Thompson continued by saying that there are times when there are some things pointed out that are "pretty good" that he welcomes. Mr. Cassandra felt since it had been settled as to who the staff members are, he thought Members of the Board~should still welcome the staff analysis. He said he reads it and ignores the conclusion. Mr. Cassandra said'he gets annoyed about the conClusion, but he thought they should welcome all City employees in their functions to aid the Board and read the letters in the context they are meant, which is to advise and aid t'he Members. Mr. Cassandra did not wish to stop their assistance. Mr. Blum thought that was Mr. Keehr's purpose for being at the meetings so that anything Members wished to.know, they could get the answers, Therefore, Mr. Blum did not think they needed the letters. Chairman Zimmerman commented that ~the letters might be partially premature and if he did not always vote in the same manner, it might be partially due to the fact that more comes out in the public hear~ ings than what the staff knew. Chairman Zimmerman did not feel that he was voting against anybody or for anybody. He only votes after he hears everything in the public audience and e~erYthing that comes through the backup material. Chair~man Zimmerman stated that he welcomed the information very much, even if he had not followed it very carefully. Mr. Blum wondered why they got these type of letters the last 3/4 of the year and never~before. As Mr. Keehr said, Chairman Zimmerman replied, i% was the recommendation of City Manager Cheney. Chairman Zimmerman explained that City Manager Cheney has not been here very long and it took him sometime to come up with this and to get organized. He reiterated that he appreciates the thinking of~other people even if he does not always agree. Now that they know who the staff is, Secretary Gordon pointed out that each and everyone of them. uses his own mind for a decision, so he did not think there was any harm in the-letters. Mr. DiSarli felt the same way as Mr, Blum did before the conversation came up but now he felt the s~me as all the other Members felt, that it does help him, even if he didn't agree.' Mr. DiSarli also felt that it could not do any harm. Mr, Cassandra moved for a vote of confidence on the staff's asistance to continue and for staff to also continue offering advice, The motion was seconded by Mr. Slavin, Chairman Zimmerman expressed that the Members of the Board complimented the staff on their extra efforts in gi~ing their opinions and other information, Mr. Blum asked.if the letters-were a legal procedure. Chairman Zimmerman advised that it was, and that several Boar~do this, He gave the Planning and Zoning Board as an example and asked Mr. Blum what he meant by being legal. Mr. Blum replied, "Sending out this type of letter to Members of the Board" Chairman Zimmerman assured him that it is legal, that the City Planner does it repeatedly at meetings. - 31 - MINUTES - BOARD OF ADJUSTMENT MAY 10, 1982 Mr. Blum agreed to go along with it, since he got it off his chest and had it explained to him. He explained that he had been in business for a number of years and never saw a letter go out without a signature, so he was a little concerned about it. Chairman Zim~erman and Mr. Slavin clarified the motion by saying it also meant that the Board was to continue receiving the letters. A vote was taken on the motion, and the motion carried 7-0. ADJOURNMENT Mr. Slavin moved', seconded by Mr. DiSarli to adjourn,~. The motion carried 7-0, and the meeting was properly adjourned at 9:40 P. M. Respectfully subm~ed Patricia Ramseyer Recording Secretary (Three Tapes) - 32 - 3-p.APPENDA~E to 5/10/82 BOA MIN. perp. 5 April 30, 1982 ' CITY OF BOYNTON BEACH TEREESA PADGETT, CITY CLERK P.O. BOX 310 BOYNTON BEACH, FLORIDA 33435 IN RE: Alvaro-Realty, Inc., Lot size variance Pt lots 4 and 5, Plat Book 1, page 81 Public Records Palm Beach County, Florida. Dear Ms. Padgett, My residence abutts the property to which Mr. Alvaroe seeks the variance. I have lived in this house since 1968, the house was built in 1956-1957. I was told as were my neighbors this lot was a buffer zone. It's to small for residentual and not large enough for commercial. Why should he be given the variance? Everybody else has complied even if it were at their expense. WHAT'S HE GOING TO BUILD? What ever it is he will be building it en to~ of me. This is a 5,000 square foot variance he wants not I0 square feet. I am 'very much against it. THIS IS A RESIDENTUAL STREET WITH VERY YOUNG CHILDREN ACROSS FROM THE PROPERTY IN QUESTION, AS WELL AS THE STREET BEING A DEAD END. I DON'T EVEN HAVE TO MENTION THE EFFECT THIS WILL HAVE ON THE 'VALUE OR THE APPEARANCE OF MY LOT. TWO STORY? PARKING? Mro Alvaroe, would you like something built right on top of you if you lived in my house? Of course not. Would you like to buy my house for 'its value now? No, you wouldn't want to live next door to a commercial establishment. THIS LOT WILL REQUIRE FILL. During the' March 1982 storm, not to mention the April 24th storm the lot was under water. My lot takes the drain off from ALL the lots to the West of me and THE STREET ITSELF. I am more than upset with this. This problem of flooding has only happened within the last 2 or 3 years. The only drain off I have is on to this lot. If he builds IS THE CITY OF BOYNTON GOING TO PAY FOR THE DAMAGE? ARE THEY GOING TO INSTALL STORM SEWERS WHICH ARE BADLY NEEDED? PICTURES INCLUDED OF THE MARCH STORM, AFTER WATER STARTED TO RECEDE. APRIL WAS WORSE. I am a resident of long standing in Boynton, why won't the CITY OF BOYNTON STAND BEHIND ITS RESIDENTS, WE HAVE A BEAUTIFUL STREETf ONE OF THE LAST REMAINING. I DO NOT WISH TO LIVE IN A COMMERCIAL ATMOSPHERE, LOCATED IN MY LIVING ROOM COLLEE~%~ RO~L~g~ ~ECKN~R OR BACK YARD. 625 Las Palmas (lot I) Boynton Beach, Florida 33435 s -culpable~ ~? APPENDAGE to 5/10/82 BOA MIN. per p.12 Office of the City Clerk City of Boynton Beach 120 N. E. Second Ave. Boynton Beach, F!a 33435 25 April !982 Reference: Notice of Public Hearing, ~onday, May 10-, 1982 ( Re: Vincent J. Gallo) Dear Sir; 1. Reference your notice, subject as above. 2. I am not in favor of granting relief to the 60' lot frontage or the 7500 sq. feet lot area criteria on a one for one basis. Obtaining relief is fine for the requestor, but does little to help those who are unable to obtain such a waiver. It is also unfair to builtresidence accordingly, who have abided by these restrictions and ~. If, however, it is the intentions of the-~city to '~elax their restrictions on all lots in this develop- ment, I would have no objections. Should such a plan be in the making i would like. to be notified at your earliest possible convenience. S~incerel y, 5935'' F~est Knoll San Antonio, Tx 78240 APPENDAGE YO 5/Z0/82 BOA MIN. per p,13 Board of ~_djustme~u% City of Boynton Beach April 24, 1982 E0norabl e Sirs: T'namk you for the notice you recently sent us, concerning the "Gall_o" application for relief ~rom~ ~ lot front. Re -~ ~ ant lot area requireraents. We strenuously object to gr~ti~ this ;~riance '~--ud urge that-this application be rejected forthwith. in our opinion .the present requi~rement is an excellent safeguard ~tins~ overcrowding a~d shOUld be strictly a~ered to. We belie~-e the prese~t recuire~er~% is equit' able a~d satisfacto~/ ~zi should be ~%tained e~ the m~ni..,umm without exception. Respectfully, 2-p.APPENDAGE TO 5/10/82 BOA MIN. per p.13 Mrs. John A. Denholm Jr. .1010 North West Seventh Court o Boynton Beach, Florida 33435 rgSTATE PLANNING AND AOHINlSTRATION FAMILY LAW APPenDAGE TO 5/10/82 BOA MIN. per p.13 L~W OFFICE; OF W:[~.]~ F. H~r~E:~, October 21, TF-L£PHON E; 9Z 1-1777 Mr o Mike Munro 1021 N. W. 7th Street Boynton Beach, Florida Dear Mr. Munro: We represent the people who own Lot 103 of Laurel Hills, immediately to the south of your lot. We have been approached by a broker who wants to buy the lot or to list its He owns the lot to the south of our lot~ so he says. We would just as soon sell it since the owners do not -have any present thought-of using the lot~ ~ut there is no com- pelling reason to sell. For these reasons we would expect to get~ if. we sell~ the top going price for it, otherwise we would. let the lot sit there and appreciate in value as it has over the years of ownership° The broker has quoted $8000.00 as being the price he would pay for ito Based upon that statement we feel that we should get $9000.00 for it. The owner would be willing to take back a mortgage for part of the payment if that would be helpful. If we took back a mortgage we would probably want about 12% interest with the payments being spread out as much as ten years if needed. If you are interested in the lot, please let me know. ~e~c2fully, W-FHJR:tv April ~8, 1982 Chairman Board Of Adjustments C/O City Clerks OfFice Boyn~on Beach City Hall 120 N.E. 2nd Avenue Boynton BEach,FL 33435 Dear Chairman; APPENDAGE TO5/10/82 BOA MIN. per p.13 Joseph G. Pollard Linda L. Darsch Pollard 912 N.W. ?th Street Boynton Beach, FL 33435 ~" My husband and I have Just received the notice of public hearing that will take place on Monday May 10th. At this time we wilI'both be out of town. But we did want to express our views~on the request made by Mr. Vincent J. Gallo. ~' We are both dead set ~gainst letting anNone building on lots less then 60 feet. If I had my way they wouldnSt build on anything smaller then 75 foot lots. But that is neither here nor there, what we do want to express is that we have worked hard in Laurel Hills to restrict the building on those 50 foot lots and we won! I don't want to have to keep standing up for a rule that was already laid down once. I hope you will count my statement at the meeting on the 10th, because I live only a few houses down from 1015 N.W. ?th Street and I sure don't want to have a house built on a 50 foot lot!!! Thanks for your attention and time with this matter. Sincerely, Linda L. Pollard (Darsch) APPENDAGE TO 5/10/82 BOA MIN. per p. 21 May 9, 1982 Board of adjustments City of Boynton Beach Boynton Beach, Florida Dear Board Members, I reside and own the home located at 800 North Rd., Harbor Estates Boynton Beach, which is due west of the residence owned by Richard Carta. Since I am not able to attend the May l0 meeting of the Board concerning the application for variance of an aluminum roofed screen room, please consider this letter as m~ approval for this project. I feel that many improvements are needed in Harbor Estates and because of small irregular shaped lots, sometimes variance consideration is necessary. SinCerely, James M. Fichera, Owner/Resident 800 North Road Roynton BeaCh, Florida APPENDAGE TO 5/10/82 BOA MIN. per p.21 May 9, 1982 The Board of Adjustments City of Boynton Beach Boynton Beach, Florida Dear Members of the Board: Recently we received your notice of an addition proposed by our neighbor Richard Carta which is before you for approval. We approve of the aluminum roofed screen room addition and have no~ criticisms or complaints. ~r home at 8~t9 South Road, Boynton Beach, is located to the-rear and south of the home owned and occuPied by Richard Oarta. We have resided at the above address since 7% and are in favor of improvements in the neighborhood. Sincerely, %fy ~~~. ~i~/ APPENDAGE TO 5/10/82 BOA MIN. per p. 21 1982 Board of Adjustments City of Boy.on Beach Boynton Beach, Florida Dear Board Members, Please be advised that ~ypwife and I are presently residing at 815 South Road, Boynton Beach, and our property lies southwest of the lot presently owned and occupied By Richard Carta and We were notified by the Board of A~justments concernir~ Richard Carta's p~oposed addition of a screened room and 12 ft. by 18 ft. aluminumro6~. We regret not being able to attend the meeting on May 10, but wishto inform the Board of Adjumtments that we have no objections to this addition and welcome ~o~itive improvements in the neighborhood such as the one proposed by Zhe Cartas. we recognize the fact that in mature neighborhoods such as ours, additions and renovations are necessary %o the continued witalityof the area. Respectful]~f Sal and Pat Trantolo, owners/residents 815 South Road Boynton Beach, Florida APP]KNDAGE TO 5/10/82 BOA MIN. per p. 21 Board of Adjustments Boyaton Beach., Florida To the members of the board The purpose of this letter i~ to i~form the Beard of Adjustments that I do not object to the ~onstruction roofed screen enclosed addi%iO~L.~as proposed to be [ to the rear of the 'home occupied by Richard R. Carta and Family,~my neighbor located to the east of m~ homeeat 8~0 North Road, Boynton Beach. I have lived wit2~mV family at the aDove address since 1972 and am very interested in any change which may occur in our neighborhood. I regret $~hat I was not able to attend this meeting personally so that I could have voiced m~approval. Sincerely, Wayne E./~ordy, ~0~er and Resident 830 North Rd. Boynton Beach, Fla.