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Minutes 06-08-81MINUTES OF THE BOA~RD OF ADJUSTMENT 'MEETING HELD AT CITY HALL~ BOYNTON BEACH, FLORIDA, MONDAY, JUNE 8, 1981 AT 7:00 P. M~ PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Anthony DiSarli Ben Ridolfi Theodore Blum Nick Cassandra, Alternate Lillian. Artis, Alternate 6~n audience~i ~BSENT ~a~l~S~a~n ~Ex~Use~)~ Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:00 P, M. He introduced the members of the Board, Deputy Building Official, and Recording Secretary. He noted one member of the Board was absent and stated that Paul Slavin had asked to be excused this month due to being out of town on vacation in California. Chairman Thompson then recognized the presence in the audience of Councilman Joe deLong. He explain.ed the purpose of the Board. MINUTES OF' A'PRIL'i'3,1 1'9381 Chairman Thompson noted that on page 6 of the minutes, the comments in the last paragraph were made by Mr. Cassandra and not Mr. Zimmerman. He suggested scratching out Mr. Zimmerman~s name and inserting Mr. Cassandra's name and moved that the minutes be accepted with the above correction. The motion was seconded by Mr Cassandra. Motion carried 7-0. ' PUBLIC HEARING Parcel $1 - Lot 10, HARBOR ESTATES Recorded in Plat Book 21, Page 98 Palm Beach County Records Request - Relief from 25 ft. rear yard setback requirement to be reduced to 10 ft. rear yard setback for new addition to existing residence. Address - 800 North Road Applicant - Carmela Fichera - 1 - BOARD OF ADJUSTMENT June 8, 19.81 Chairman Thompson said the papers were in order and asked Mrs. John (Carmela). Fichera, 591 S. E. 12th Court, Pompano Beach, Florida 33060, if there was anything she w~ould like'to point out that the Board Members did not see, Mrs. Fichera came forward and said on one particular side, there is already a wall three feet h±gh and a fence that a~nelgkbor would like to get rid of. On 'the other side, she 'Would like a dining room to make the house larger~ If they could do this, it would be an improvement to the neighborhood, as the house is quite old, If not, it will go to-some young couple who can afford to fix it, There was one other thing, Most of the P~uses. had already been given a variance to build, Most of the houses, in the'area seemed to be closer than 25 feet, anyway, the ones she saw, Chairman Thompson said he went by the property on the afternoon of June 8 and noticed everything Mrs. Fichera said, with the wall on the EaSt side and fence on top of it. He did not measure any- thing but noticed that right now, they are right back to that wall. Chairman Thompson continued that he guessed it is 25 feet but he did not know how far tha~ other side extended back. He said he had a survey but it does not say how far back the house or wall are, Mr. Cassandra said the other portion of the building had a 10 foot variance there, Mrs. Fichera said that is as far as it will go. Chairman Thompson asked Bert Keehr, Deputy Bu±lding Official, whether ex~sting fixed foundations were already on an extension. Bert Keehr repl±ed that 'at the time, they already had a 25 foot rear setback requirement, When that house was built, as in others, they always gave a blanket variance of 10 feet. That is' not on record anywhere but there is an aerial view of that complete sub- division and, 'without question, the homes do not have 25 foot rear setbacks, but it does not show on the recorded plat or otherwise. But whate.ver~ he did admit that this Board has entertained many variances regarding this particular setback throughout the years. Chairman Thompson asked when the house was constructed, and Mr, Keehr replied that he did not know, he did not get into that, Chairman Thompson asked if this wasconsidered~ as a non-conforming ~-.!o~ presently~ or was the structure that goes within the 10 feet setback line permissible by reason of a variance by the Board at some time. - 2 - BOARD OF ADJUSTMENT June 8, 1981 Bert Keehr replied that he would assume the add'it±on built to the 10 foot line was granted through a variance as to the first questi'on. As to whether ~that lot was a non-conforming lot, that lot is required to be 8,8'0'0 square feet.' This tot is 80x100, which gives it 8,000 square feet~ so it is a conforming lot, It is a violation of the structure on the lot that gives you the rear lot variance of 10~ feet. ' ~ Chairman Thompson wondered if a variance on both sides was being asked for. Mr. Cassandra asked Bert Keehr ~f' the said aer!al.--~iew Shows houses are pretty well in symmetry, of that variance. Bert Keehr stated that it was the best aerial view around. Mr. Cassandra said what he wanted to know was if the 10 foot extension was required to be in symmetry line and whether they all have this extension. He said Mrs. Fichera is asking for a building addition to the home and whether the other homes are in line and the other homes have additions to their homes. Chairman Thompson said some homes in this subdivision asked for variances to build the original structures, as he remembers, years ago, but that is the original structure line. Bert Keehr commented it is without question that from 1962 on, the 25 foot setback has been required by the zoned area, according to records he has, so anything other than that was granted through a variance. Mrs, Fichera said the house was built prior to 18 years ago, so maybe they never got a variance. The Chairman said that was one of the reasons he asked the question, Bert Kehr said it was very conceivable that setbacks prior to 1962 were less than 25 feet, and perhaps many of those homes were built prior to 1962. Ben Ridolfi said he was there yesterday ~June 7). and walked in seven yards just to see the back yards and there was not one that had over 13 feet that he could find. He said he did not know whether these were done before the new zoning came in or after or through variances, but i~.seems the cc~a~on pract±ce in there is between 10 or 13 feet and that is in both yards on either side of the street. He continued that he stopped in to see the people in two houses. That is when he found out the house was closed and no one is living in it, and then he found out new people bought it or were in the process of buying it. - 3 - BOARD OF ADJUSTMENT June 8, lg. 81 Mr. Ridolfi said in asking these people, they all seemed in favor of the variance because they, themselves, had the same, Mrs. Fichera. sazd they had' ~ the closing and own the house but if they cannot make it big enough, they will not keep.it. She stated it is not a threat but she wanted and needs a bigger house, All the neighbors are in favor of it and came here to support this idea. Bert Keehr stated, "Relating to dates, if I may, the variance was signed on May 18, requesting a variance. The contract for sale and purchase indicates a closing date of the 22nd of May, so the closing took place four days after the request for the variance just for the record." ' Chairman Thompson asked, "Did you know that to build as you intended to do, to get the variance, you would have to come before the Board of Adjustment?" Mrs. Fichera replied, "No, I did not. on someone's part. It was not mine." I know there was a mistake Chairman Thompson asked if anyone would like to speak in favor of granting t'his variance. William J. Schultz, 801 South Road, BOynton Beach, came forward and said he wished to emphasize that this is 'a residential, single family residence. He submitted 16 signatures of taxpayers that'.see no objection to the 25 feet being reduced to 10 feet. He said he could not take the credit for getting the signatures, his wife got them, but in the travels someHhing else was found, Mr. Schultz further said each member of the Board had a letter from Ruth and Joe Wrobel, Tallmadge, Ohio. The mother of Mrs. Wrobel is Mrs. Denning, whom you will find on that list. Mr. Schultz then read the following letter: "Dear Sir: This is to adjust a complaint by Ruth & Joe R. Wrobel who reside in Tallmadge, Ohio. They purchased 707 South Road from Thelma Denning. They were confused on the North Road address, as the people who now reside at 704 North Road are in the process of making an apt'. at 704. /s/ Thelma Denning Mother of Ruth Wrobel" Mr. Schultz continued by pointing out that everybody within 400 feet have approved of the variance, as they have seen from the list. He said he also found the dissenting letter but understood a letter from Mrs. Wrobel is in the mail but did not get here. He said they found out about it at 4:30 yesterday ('June 7, 1981). - 4 - BOARD OF ADJUSTMENT June 8, 1981 Mr. Schultz emphasized that when somebody tries to do something legally, they do it before a Board, However, those who do it illegally do it as the letter the Board has before it. Nick Cassandra asked Mr. Schultz to explain the statement he made that he was just notified at 4:30. Mr. Schultz replied that they get a lot of notices but Ben Ridolfi was the only one who came, and they got interested. Chairman Thompson asked if anyone else wiShed to speak in favor of granting the variance or if anyone wished to speak against granting the variance. He then said the communications would be read. Mr. Gordon read the following letter: "May 25, 1980 Theresa Padgett City Clerk Boynton Beach, Fla. Ms.~ Padgett, Thank you for sending me the notice in regard to changing the set back requ±rement asked for by Carmela Fischera. I definitely oppose any such change. I believe my property joins this property and even with the 25 ft. they are so close that every voice is'heard. I believe too that those properties are zoned for one family dwellings and from what I hear of this property it is used for more, we plan on making Boynton our permanent residence this fall and I would like to know about the zoning. Thank you. /s/ Mrs, Joseph Wrobel (Anne) /s/ Joseph C. Wrobel" Chair~man Thompson said the Chair would entertain discussion on the matter. Chairman Thompson said he could see where an owner of the property for a number of years in the past who is presently here, but the ones that owned the property before this contract was negotiated probably wo~ld have a pretty good case for asking a variance, but he just wondered if this is a self imposed hardship on the people coming before the Board now. He continue~ that ~hey are asking for a variance on the bUilding, No plans were recemved regarding that. In fact, there is going to be a car port. There is a garage belOw the second floor building, He believed she ~Mrs. Fichera) was going to change it for - 5 - BOARD OF ADJUSTMENT June 8, 19.81 additional area. Bert Keehr advised it is not big enough for a car. Chairman Thompson commented that two additions were being put on the rear that are. bigger than the lot line the Building Code permits. Chairman Thompson asked if any of the other members had any comments, He said the only thing he fOund in vis±ting the property that afternoon ~June 8).,, 'in viewing it and also from what Bert Keehr passed out, the present structure was bought as what is there now, He stated the whole area 'is quite congested due to the houses overpowering the property, The Board Members who went out also noticed it, Ben Ridolfi said there was a concrete slab down thsre now, they have to get a variance? Did Bert Keehr replied no, because'cement slabs are allowed anywhere on setbacks. You cannot go beyond 6 feet though, This survey indicates that the concrete wall is seven feet. Ben Ridolfi said the wood fence in the back could be a good six footer. ~ Lillian Artis asked whether the variance was requested before ths closing date by the new owners. Bert Keehr answered yes, Chairman Thompson asked if there was anything for clarification, Nick Cassandra noted that the staff site analysis commented also that this building was purchased with-the full knowledge of this No hardship exists. Just for the record, Chairman Thompson made the comment that he did not have the statement at hand but-he believed the State passed down that a hardship can be passed down, The seller can sell and pass that hardship on down. Nick Cassandra said he felt since letters were sent to the Board, it should be stated that these people did comment in a negative sense. He asked the owners what is. the car port and What is in the other variance request, Mrs. Fichera said one will be a sitting room, like a Florida room, and the other will be a dining room, The Florida room is so small you can only put two people in it, Nick Cassandra commented that the variance~really is for living space. ~ - 6 - BOARD OF ADJUSTMENT June 8, 1981 Mrs. Fichera told the Board they commented about her and her husband knowing about this but When they Signed the first contract, they were told they could build on that house and there would be no restrictions, but the architect said no. Therefore, she came over and talked to Mr. Keehr, and he said the Board said to have a variance so they were to lose their deposit or go through with the closing and go ahead with the variance. Nick Cassandra asked Mrs. Fichera not to be "mad" at him, but she bought a "pig in a poke". Chairman Thompson said the City has no control over people selling real estate, and this is where people get in trouble, and the first thing they ask is why can't I. He said if there were no other questions, the Chair woul~ entertain a motion to grant or deny the request. Ben Ridolfi moved to grant the var±ance, ~the reason being it would be no different than the majority of easement land in back of anybody else's house. They are all very short of the 25 feet required, and he said he could not see denying this when all of the others are the same as the one the people are asking for. Chairman Thompson said the Chair had a motion to grant the variance. Mr. D±.Sarli moved to second the motion because he felt the same as Ben Ridolfi, All the neighbor's do not object, and n'ew neighbors are coming to the area, so he feels ~hey sho61d be treated fairly, Mr, DiSarli, Mr. Blum, and Mr. Ridolfi were in favor of the motion but Carl Zimmerman was against i~, and' Nick Cassandra said he would like for the record to respond to the pros for this particular variance because of people around questioning the variance, He did not feel the Board should approve this variance. He also wondered, what if the people sell the house? What about the other people who come into this congested area? By the same token, hardship due to the buyers not investigating What they were buying and not to have them lose that ±nvestment if they do not get the variance and also that they did not put in their request for a variance before the closing shows him.they dld not do proper investigation. Mr. Cassandra said, weighing everything, he had to say no on this request. Robert Gordon voted No. Chairman Thompson voted No. for variance was denied 4-3. The request A woman intb~ audience saidShehad been in theareafouryears and this was the .most petty thing She had heard in her life. -7- BOARD OF ADJUSTMENT June 8, 1981 Mr. Schultz became very angry and went up to the Board, standing before Mr. Cassandra, and said, "Maybe McBride should come down and ask for it." Mr. Cassandra told him he was out of order. Mr. Schultz then told Mr. Cassandra ~he had 16 neighbors who said yes. "You are not even 'aresident' and said No." Chairman Thompson asked Mr. Schultz to please leave and other members told him he was out of order and to please leave. Robert Gordon, Secretary, read the next application. Parcel #2 - Lot 17, Block 18, ROLLING GREEN, 1ST ADDITION Recorded in Plat Book 24, Page 86 Palm Beach County Records Request - Relief from 7,500 sq, ft. lot area require- ment to be reduced to 7,461 sq. ft. lot area Address - 322 N, E. 14th Avenue Applicant - Timothy M. Kinzler (agent for owner~ Mr. Timothy M. Kinzler, 2255 L±ndell Boulevard, Delray Beach, Florida 33444, Agent for James Simpson, Owner, came before the Board. Mr. Kinzler stated he was the agent for James Simpson, who has owned the lot for 'about ten years. Mr. Simpson asked Mr. Kinzler to sell the lot for him. Mr. Kinzler said he wanted all the facts before selling to the public. Mr. Kinzler further stated they want a variance so when they have a prospective buyer, he is aware the variance has been passed for square footage. Mr. Cassandra asked whether this lot was the only lot available in this plot. Mr. Kinzler replied that, to his knowledge, it is. was a lot that was bought by Jehovah's Witnesses. He said there Chairman Thompson commented that it is a land lot, a home is on the East side, a home on the West side, and the lot belongs to drainage. He said he believed all of those lots are about the same size. Bert Keehr said the lots get smaller as they go East, larger as they go West, - 8 - BOARD OF ADJUSTMENT June 8, 1981 Bert Keehr said when the property was formerly subdivided, it was subdivided~under R-1 requirements which required 5,000 square feet. ' Mr. Cassandra asked~if the Board, under assumption, approved the variance and Mr. Kinzler did not sell the property until the next election and the present Members are not on the Board at that time, ~ould it be binding if they approve it If they approve it is it forever. ' · Bert Keehr advised that Tim Kinzler was representing the owner. Mr. Cassandra said he wanted to make sure how long this approval or disapproval can go. He stated Mr. Kinzler wanted this in advance so when a future buyer comes along, he will not run into any problems. Chairman Thompson said if the Board felt it necessary, they could put a stipulation on their motion. They have done that before, indicating it is for the present and would go for so many days until construction is started, but they should have a reason for doing that. He stated in this particular case, he saw no reason. Chairman Thompson then asked if anyone wished to speak in favor of granting the variance or speak against granting the variance. Chairman Thompson continued, saying that the Building Department found when the property was platted, ±t was 5,000_ft. and the applicant had more than what was needed. He is 3 900 feet shy of the new law. ' Robert Gordon remarked there is no place they can go at all. Mr. Ridolfi stated a piece of property like this is large enough to build on and why have the aggravation of a future buyer or purchaser going through the same thing they are discussing when the Board knows there is not an inch of land to buy, so as far as he was concerned, it .was a case where it should be granted and be done and over with because the Board would be creating a hardship on the person who owns it if they say No. The buyer would have a piece of land they could not use. If the owner wants ~or does not want to live in the area any more i ~ ' , it is up to him as an ndlvldual. Carl Zimmerman moved to grant the variance for the reason that the variance asked for is a mere 3~ square feet of an almost conforming lot and, due to the change in zoning instigated by the City, the requirements were raised and he finds a definite hard- shi~. There is no hardship being cast upon the community because to the back of the property, the area owned by the Water Manage- ment District provides open space, and there is no crowding effect whatsoever. - 9 - BOARD OF ADJUSTMENT June 8, 1981 ~Chairman Thompson said, in other words, it would be the size of the lots around it. Mr. Zimmerman moved to grant the request, seconded by Mr. Ridolfi. A roll call vote was taken on the motion, as indicated: Mr. DiSarli - Aye Mr. Blum - 'Aye Mr. Zimmerman - Aye Mr. Ridolfi - Aye Mr. Cassandra - Aye Mr. Gordon - Aye Mr. Thompson - Aye Motion carried 7-0 in favor of request. (Variance granted). CORR~_SPONDENCE: Chairman Thompson read a letter from Sue Kruse, former Recording Secretary, who moved to South Carolina: "Board of Adjustment, Thank you so much for your contributions to my "monetary minute book" and cute accessary gifts for my new home. Also thanks to those of you who were able to attend my farewell luncheon as I appreciate having you there. I have enjoyed taking the minutes and working with all of you. My new address and phone number is: 4562 Melody Lane, Rock Hill, S. C. 29.730 (803- 366-8417), so if any of you are in the area, please stop. Thanks Again, /s/ Sue" Chairman Thompson then read the following letter from Ascension Lutheran Church: "March 11, 1981 City of Boynton Beach Board of Adjustment Dear Mr. Thompson: - 10 - BOARD OF ADJUSTMENT June 5, 1981 "For the entire Parish, I want to thank the City's Board of Adjustment for their action in consideration of our height variance. In what ever way possible and plausible, please convey this to the entire membership of the Board. Too, we appreciate the City's confidence in appointing you to the Board, and your serving in this volunteer capacity. Cordially, /s/ The Rev. Ken Ferguson for the Ascension Parish" OTHER Chairman Thompson said one other thing he would like to say was he received something, different from the ulldmng Depart- ment called "Staff Analysis". He stated at the bottom of each of them, on this particular one which Bert Keehr brought in, on this one, .it says, "N° hardship exists'! Chairman Thompson said it is something new to him. He took a stab at it and made a decision and thought he should bring it up. He said he apprec±ated everything here but did not like that portion of it. Bert Keehr explained that was put there so they could not overlook that fact. It is just a point of information that staff members, made up of planners and what have you, made up as an informational instrument but there was no intention that the Board must abide by those comments. It was just a point of information, Lillian Artis asked could that one sentence be deleted. She said the ±nformation was good but that one sentence, "No variance is needed," made her wonder, "Why are they telling me this?" Bert Keehr asked that the minutes reflect that the Board does or does not want that particular statement made in that analysis and he will pass thatinformation' on to the City Staff Members. He said, as he undertstands it, the Board prefers that the fact whether it is a hardship or not be deleted. - 11 - BOARD OF AD.JUSTMENT June 8~ 19~81 Nick Cassandra said he would like to know what is happening around that house, This~is the only house that has'that variance, He told Bert Keehr the Board should be given the facts, Regard- less of what, the Building Department should not-influence the Board in any way, only by facts, Robert Gordon said in the first case, the staff stated that Mrs. Fichera had full knowledge of what she was buying but she said she did not know. ~ Bert Keehr, Deputy Building Official, sa±d the fact was she signed on the 13th and it was not closed until the 22nd. She did not own the property Until the 22nd, He said if she did not have knowledge, he thought it would stand up in Court that she could get the deposit back. Chairman Thompson stated th.at the Board visits all of the sites so they get a first hand picture, They go to the files for some. He said he liked information and if there is something in the record, the Board should k~ow, The Board would~ like to know, but he felt that one sentence should be deleted, Bert Keehr said, "It will be in the m±.nutes also, but I will express your op±nlons to the staff, You can be assured," Carl Zimmerman commented that after hearing Mr, Kinzler, which will also shOw'up in~ the minutes, the Board approved that, He stated some of these remarks are helpful, especially to new members. H'e continued by saying 'that never, at any time, should the Board feel that they are to make their decision by .meeting. The Board hears p!nlons from people Who live in the neighbor- hood, Sometimes they are~brash. He said he likes to think the opinion: of the staff are.unbraSh but until the Board has a hear- ing and hears the facts and puts it all together, they cannot make up their minds and cannot be influenced by anythling that comes before that, Naturally, Mr, zimmerman said, he always frowns on anyone who tries to twist his arm too much. Bert Keehr advised that there will be a meeting the second Monday of July, the date being July 13. Robert Gordon stated he would not be here during July and August. Nick Cassandra will be away in July, and Ben RidOlfi advised he will be in Connecticut the last week of June. Robert Gordon~ Secretary, took a poll, and it was noted there will be a forum, as the following members will be here: Anthony Di Sarli; Carl Zimmerman, Vice Chairman; Lillian Artis; and Paul Slavin. - 12 - BOARD OF ADJUSTMENT June ~, 1981 Vice Chairman Carl Zimmerman made a motion %o adjourn, seconded by Nick Cassandra to adjourn. The motion carried 7-0., and the meeting was properly adjourned at 8:15 P. M, Patricia Ramseyer Recording Secretary ([No tape) - 13 -