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Minutes 04-13-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 13, 1981 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Anthony DiSarli Ben Ridolfi Paul Slavin Nick Cassandra, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Theodore Blum (Excused) Lillian Artis, Alternate (Excused) 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 then recognized the presence in the audience of Mayor Edward Harmening, Council- member Patricia Woolley, Councilman Joe deLong, and City Manager Peter Cheney. He explained the purpose of the Board. MINUTES OF MARCH 9, 1981 Mr. Gordon stated that he has gone over the minutes thoroughly and to the best of his knowledge, he sees no Omissions or corrections and moves they be accepted. Mr. Zimmerman seconded the motion. Motion carried 7-0. PUBLIC HEARING Parcel ~1 - Section 33, Township 45 South, Range 43 East, The North 100 feet of South 1010 feet of East 225 feet of West 450 feet of East one-half (E½) of NE¼, West of Dixie Highway, Palm Beach County, Florida. Request Address Applicant - Relief from 40 ft. rear yard setback requirement to be reduced to 28 ft. rear yard setback to construct a five unit apartment building. - 511 S. E. 20th Court - Stephen and Evelyn Mason Mr. Gordon read the above application and the reason for the request noting the depth of the property does not allow for the present zoning regarding rear and front setbacks; conse- quently, it restricts the depth of a structure to 20 feet. MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 Mr. Steve Mason, 118 S. E. 25th Avenue, came before the Board and pointed out the size of the lot is 225 x 100 feet with the required setbacks being 40 feet. There are five apartments next door at approximately the same setback he is requesting. With the required 40 ft. setbacks, it leaves 20 feet to build a house, which would be restrictive. He needs 32 feet instead of 20 feet and would lose some setback in the rear. He plans to build a building similar to the one neXt door and possibly have a swimming pool and some shuffleboard courts, which would take about the whole length. The width of a modular home is 24 feet. Instead of a 20 ft. wide building, he wants to build a 32 ft. wide building. The setbacks from the front and rear make him lose 80% of his property and he could only build on 20% of it. He needs 32 feet, which is only 12 additional feet. Right behind him, there are 15 apartments on a 75 ft. lot. He just wants to build five nice apartments and not have it look like a diner car. Mr. Ridolfi asked how many stories were planned and Mr. Mason replied that it would have two, like the apartment house next door. Mr. Ridolfi asked if each apartment would have an up- stairs and downstairs and Mr. Mason rePlied negatively and ex- plained there would be two apartments downstairs and three up- stairs. He added if they have visited the area, it will be identical to the one next door, which is 32 feet wide. If it is built 20 feet wide, it will look like a trolley car. Mr. Zimmerman referred to this same application being before the Board last October and Mr. Mason clarified that he had someone representing him at that time and doesn't think it was explained clearly. Mr. Zimmerman stated previously, he did not own the property, but had a contract for sale and Mr. Mason disagreed and stated he owned the property at that time. Mr. Slavin referred to the deed or transfer of sale being dated December 8, 1980 and Mr. Mason agreed ~this is when the transaction was closed. Mr. Slavin stated the previous appli- cation was made in October and Mr. Mason replied that he had a contract then. Mr. Zimmerman asked how the plans have changed since the previous request and Mr. Mason replied that he has non changed the plans, but thought he would come before the Board himself and try to explain the plans clearly. He was out of 'state at the time of the previous hearing. Chairman Thompson stated that he doesn't think there was any doubt previously. It was denied previously because of sev- eral factors. Two duplexes can be built without a variance and without arroying anyone in the neighborhood. It was pointed out at that time that this would be permitted. -2- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 Mr. Ridolfi asked if he has talked to any residents in the area and Mr. Mason replied that he spoke to the lady across the street last Saturday. Mr. Ridolfi stated that he talked to ab6ut four to five people and found four different varia- tions of ideas of what was planned to be built. Mr. Mason state~ that he explained to the neighbor exactly what he presented, in his sketch tonight. This neiqhbor was under the impression it would be five to six stori -high, but he clari- · I ' es fled that it would be identical to what is next door. He would have been glad to canvas the area if requested Mr. C~ when creat a har( traff~ he fol ~ssandra referred to asking himself certain questions :onsidering an application and one is: has the City ~d a hardship on the applicant by any zoning? Is this [ship to his vocation? What effect does it have on the .c flow to that area? When driving in the area himself, [nd turning into the area could be a problem. Mr. Mason repli~d that as far as more people or more cars, it would only be fi~e more cars as he plans to live there himself. The road itself is not wide, but it certainly will not hamper anybody else. It will increase, the value of homes across the street. He doesn't want to bUild a trolley car. Mr. Cassandra clari- fied ~hat it is not what we want him to build, but the Board is here to see if he is entitled to a variance.. For that zone, certain setbacks must be met. He received the applica- tion ~.nd the general information about the comprehensive land use giving the opinion as far as the zoning ordinance and pointing out certain facts. There wms also the alternate suggestion, which was obviously refused by the applicant, to build two duplexes where no variance would be required. Two duplexes could be used by four families instead of five. Mr. Mason informed him that the square footage will meet the requizements for five families. Mr. Cassandra clarified that he is talking about the rear setbacks and two duplexes could be built with no variance, but five units require a variance. The differential is one apartment. Mr. Mason stated that the amount of square footage will allow five units. Mr. Slavin stated that he looked at the minutes of the October meeting-when he received this application and previously it was discussed and Mr. Keehr pointed out ther-e could be four units instead of five and a variance would not be required. There is no'hardship created by the City, because when this proper~y was purchased the R-3 as zoned today was in effect. If Mr..Mason was not acquainted with the entire fact, this was no~ done by the City. We cannot go against the zoning regulations because there was no hardship created upon Mr. Mason.! These things were known to him prior to the purchase This is not a single family dwelling, but is a business pro-' position. There is no hardship created by the City. The owner should have known all the regulations prior to his pur- chase. There is not enough room for five units. -3- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 Chairman Thompson referred to the possibility of a hardship being passed onto a new owner, but stated there was no hard- ship in this instance to be passed on. Mr. Slavin added that it has been zoned R-3 and Mr. Mason should have been aware of the regulations.. When it was sold to Mr. Mason, it was platted and zoned R-3 as it is today. Mr. Mason stated that he is just proposing what he would like to build and is just requesting 12 more feet to build a decent looking building. Chairman Thompson asked if anyone would like to speak in favor of granting this variance and Mr. John Pagliarulo, 3546 South Lake Drive, came before the Board. He informed the Board that he is familiar with this situation since he owns similar pro- perty around the corner. He can sympathize on Mr. Mason's behalf because this was before this Board previously. He would like to see this proposed building built on that street as it would enhance ~the area quite considerably. Right now, it is a vacant lot collecting debris and is an eyesore. He personally would like to see something built on ~hat property. It is presently zoned R-3. There is enough property for five units. The request is to make the ~building look more present- able. The plan is to build a building consisten~ with the general area. This is not changing anything in the area. It will enhance the area quite considerably. He is in favor and would like to see it approved. Chairman Thompson stated that at present, there is not enough land to build and Mr. Pagliarulo replied that he was under the impression there was enough property. Chairman Thompson stated it does not meet the ordinances. Mr. Keehr clarified that there is enough square footage, but the setbacks of the zoning regulations cannot be met. Mr. Pagliarulo added that he could meet the setbacks and build a five unit building 20 feet wide. Chairman Thompson asked if anyone wanted to speak against the granting of this variance and Mrs. Irene H. Ventres, 514 S. E. 20th Court, came before the Board. She~advised that she lives directly across the street from this property. She personally cannot see where a five unit apartment will be a nice building. She asked if two or three stories were planned and Chairman Thompson replied that two stories are planned. Mrs. Ventres stated that she does not want a big building in front of her. She told about the tra through this street with garbage being strewn by ists. She personally thinks this will depreciate her property. Rental buildings are not right for area. She referred to rental buildings not being vised and told about the experiences they have ha, apartments in that area. ~ement block [fic going Lhese motor- the value of this small well super- with the Also, if it ms an apartment house, -4- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 there will be a dumpster which is a nuisance. She doesn't want this building across the street from her house. She bought this house on a nice quiet dead end street, but 3rd Street was opened with no notice to the residents. The street was closed for Pizza Hut's parking lot and now every- body must use this street. In fifteen minutes this morning, she counted 18 cars going out. With building two buildings this close together, it will just increase the problems. She thinks nice homes should be built. The owner can make just as much money with building a nice home. Also, a swim- ming pool will cause problems. She then presented letters from the neighbors who were unable to attend. Mr. Zimmerman q~estioned her feelings about two nice duplexes being built and Mrs. Ventres stated she would not object as long as they are one story, but he should be fussy about who they are rented to and must have laws and enforce them upon renters. apartments as % owners take pr~ Mr. Albert Lew2 the build±ng.oJ traffic is haz~ vised and prom( Chairman Thompson requested the communications to be read by the Secretary. Mr. Gordon read a letter from Mrs. Bertha Canter, 508 S. E. 21st Avenue, stating she has no objections to moderate improvements, but does object to high rise apart- ments. There was also reference to the small street being congested with traffic and strewn with trash. He then read a letter from Mr. Steven Slosar, 509 S. E. 21st Avenue, stating that he very strongly objects to the granting of this variance as he has resided here for eleven years and has seen other units constructed giving them many problems. He then read a letter from Ward Miller, 512 S. E. 21st Avenue, objecting to a~y further building in this area because the traffic is very bad. He read a letter from Mr. J. H. White, 519 S. E. 21st Avenue, strongly objecting to apartment bUild- ings on such a narrow street. He read a letter from Mr. RUssell J. Case, 417 S. E. 20th Court, stating he is not in favor of this apartment due to the narrowness of the road. He read a letter from Mr. J. M. Green, 413 S. E. 20th Court, stating he is ~ot opposed to the property being~developed, but would favor construction of family homes instead of 7ith homes, there would be fewer cars and .de in their homes. He read a letter from .s, 509 S. E. 21st Avenue, strongly opposing ! apartments on such a narrow road as the Lrdous and such buildings are poorly super- Ire vandalism. Mr. Mason clarl five apartment ence whether i still be the s~ narrow, that is a 40 ft. setba¢ to put a nice ~ .fied that the fact haS been established that Fan be built. It doesn't make any differ- is two stories or five across as there will ne number of cars. As far as the road being not the fault of the people there, There is k, so the road could be widened. He is trying uilding in there to enhance the area. -5- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 Mr. Mason continued that the onl~ thing he is asking for is a variance to build the building twelve feet bigger. It will be a parklike view from Mrs. Venires' house. He won't put in a pool if the neighbors are not in favor. There will be shuffleboard and grass, which will be better than what is there now. He is just asking for a 12 ft. variance to make the building wider. He wants to use some of his back yard. The whole neighborhood is strictly apartments. This would be five units. On a smaller plo~ of land, there are 16 apart- ments. These will be two bedroo~ apartments with families. He just wants to use 12 feet of his own back yard. With the regulations, 80% of his property cannot be used. He wants to build a nice building like the one next door. Mrs. Ventres disagreed with the statement that the area is all apartments and stated there is o~ly one apartment house on this street and the others are on 20t~ Avenue which is a private street. This street is an undedicated street and they cannot have a speed bump put in or speed sign put up. Mr. Keehr re- plied tha~ he is certain this is a public right-of-way, even though it is quite narrow. Mr. ~agliarulo clari.fied that it is a 30 ftl right-of-way platted~ but it is not improved to the 30 feet. Mrs. Ventres asked where the extra 10 feet will come from? The people on her side of the road have given several feet so the road could become 20 feet wide; the people on Mr. Mason's side have not given 1 inqh. She cannot see where a big tall aPartment building is gQing to enhance her property. When an apartment building' is built, it is bad. Chairman Thompson declared the public hearing closed and entertained discussion among the members. Mr. Zimmerman stated since he heard the arguments the last time when this was before the Board, he doesn't think the situation has changed much. There is opposition now and there was opposition before. The code is the same. Vari- ous things can be built on this property. He has not changed his mind. Mr. Zimmerman referred to all the zonings requiring certain setbacks and questioned the importance of having a 40 ft. setback in this zone and Mr. Keehr stated this is an area with the highest density and the purpose is to protect sur- rounding areas from this density. When reading excerpts from the zoning ordinance relating to this, it speaks of the size of the property and the dimensions to warrant high density. In some cases, where the property is not large enough, the density must be held down. -6- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 Mr. Keehr stated at this time, he would like to make a couple statements regarding the analysis sent to the members. It is nothing more than a statement of the facts that he felt they should be aware of prior to the meeting. It stated alternates which the land can be used for and how it fits into the comprehensive land use plan. It noted the facts of the land as it is now. Mr. Cassandra clarified that there is enough land going east and west to build a five unit building. In talking about density, the density is not being changed~ He assumes the man's motivation is capital gain and that is why he would not change to four units. The dollar is the bottom line for this request. We are talking about four versus five units. We are talking about the income from one unit. Mr. Keehr clarified that five units can be built if the build- ing is 20 feet wide. Mr. Zimmerman asked if this variance is granted, could the density and size be increased beyond the five units and Mr. Keehr replied negatively as the density is controlled by the square footage of the property and five is the limit. Chairman Thompson summarized that one thing we can agree on is that there is no hardship placed, on the owner by the City. Also, at the same time, we are not denying the owner the use of his property. Chairman Thompson then explained the voting procedure of the BOard. Mr. Cassandra made a motion that this variance request be denied based on the following reasons: 1. That the City has not created a hardship in the changing of any zoning since the property was pur- chased by Mr. Mason. 2. There is no hardship based on a vocational need in this particular land. 3. He thinks that the request solely has come about for a business venture and not a personal hardship. Mr, Zimmerman seconded the motion. Under discussion, 'Chair- man Thompson stated one of the reasons which is not a con- cern of the Board is the monetary part of it and Mr. Slavin replied that he believes that is a concern of the Board. Chairman Thompson stated that personally he does not feel it should be, but it doesn't make much difference and Mr. Slavin stated there is a dollar factor involved here. -7- MINUTES - BOARD OF ADJUSTMENT APRIL 13, 1981 As requested, Mrs. Kruse then took a roll call vote on the motion as follows: Mr. DiSarli - Aye Mr. Cassandra - Aye Mr. Zimmerman - Aye Mr. R±dolfi - Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - Aye Motion carried 7,0. (Variance denied.) ADJOURNMENT Chairman Thompson ascertained there was no further business. Mr. Slavin made a motion to adjourn, seconded by Mr. DiSarli. Motion carried 7-0 and the meeting was properly adjourned at 7:55 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape) -8-