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Minutes 02-09-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 9, 1981 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Theodore Blum Anthony DiSarli Ben Ridolfi Paul Slavin Lillian Artis, Alternate Nick Cassandra, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Robert Gordon, Secretary Chairman Thompson called the meeting to order at 7:05 P. M. MINUTES OF JANUARY 19, 1981 Mr. Ridolfi moved to accept the minutes as received, seconded by Mr. Cassandra. Motion carried 7-0. DISCUSSION OF VOTING PROCEDURE Chairman Thompson referred to the applicant not being present and asked if Mr. Keehr had obtained a legal opinion from the City Attorney regarding the number of votes needed to approve a variance. Mr. Keehr advised that he spoke to Mr. Wolf re- garding this matter and he made mention of the fact that five members are needed for a quorum to act on anything. Of the five members, it takes four votes to approve. If there are more than five members present, it still requires four votes for approval. Five members are needed for a quorum and four votes to approve, no matter how many are present. Mr. Zimmerman asked if this is a new interpretation of the ordinance which we have been operating under and Mr. Keehr replied negatively, it is the ordinance as stated in the books and this is the legal interpretation. A lengthy discussion followed with references made to the statutes clearly stating the concurring vote of five members being necessary to approve and it was discovered that some members had different versions of Page 38 with four and five members referred to. Mr. Keehr clarified that the updated page states four votes in favor and advised that he will ob- tain copies of the latest revised page for each member. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 9, 1981 PUBLIC HEARING Chairman Thompson referred to the applicant still not being present and they discussed what procedure should be followed. Mr. Slavin suggested calling Mr. Negron to find out if he is coming and Mr. Ridotfi told about talking to Mr. Negron yester- day and being told that he hadn't received a notice of this meeting. He advised that the meeting was scheduled for to~ night and suggested that he come. Mrs. Artis suggested taking a short recess and having someone call him and Mr. Keehr volun- teered to make the call if the Board desired. Mr. Cassandra asked if this was going to be the policy if someone doesn't come and added that he is concerned about setting a precedent. It seems an effort was made ~by a Board member yesterday making him aware of the meeting even if the mail did get lost. Mr. Zimmerman suggested calling the applicant to see if it is care- lessness or a misunderstanding. Chairman Thompson then declared a five minute break and reconvened the meeting at 7:35 P. M. after the applicant arrived. Chairman Thompson introduced the members of the Board, Deputy Building Official and Recording Secretary. He explained the purpose of the Board. Parcel #1 - Lot 15, Block 23, Rolling Green Ridge, 1st Addn. Recorded in Plat Book 24, Page 224 Palm Beach~County Records Request - Relief from 7½ ft. side yard setback requirement to be reduced to 3 ft. side yard setback for construction of garage Address - 2401 North Seacrest Boulevard Applicant - Joseph Negron Mr. Slavin read the above application and noted the reason re- quested was to construct a garage to house a large and valuable truck that is used to make a living with, therefore eliminating a code violation now in existence. He ascertained that all the papers were in order. Mr. Joseph Negron informed the Board that this all started when he began his own business. It is a violation with parking a one ton truck by his house. He has been called by the City to re- spond to a violation. There was a meeting held and it was sug- gested that he build a garage to house the equipment. He re- quested this variance because it is a little hard for him to go anywhere else to park the truck. He was advised he could build a garage there, but must meet certain regulations. The survey showed there was not enough room. He would like to have the garage for personal reasons. He used to have a dog to protect -2- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 9, 1981 the equipment, but the gas tank was emptied and a battery was stolen from a chipper. He would appreciate getting approval from this Board to construct the garage. If not approved, he will have to remove the truck and take chances of parking it somewhere else. The truck is in violation being parked there and he is only allowed to keep it there parked in a garage. He is asking for this because he does need the truck to make a living. He has valuable machinery and is afraid to park it somewhere else because it might be stripped. It is a small tree service company. It will be a great help to be able to build a garage. He has talked to his mortgage holder of the home and they will lend him money to build the garage. How- ever, he first must get approval from this Board. Mr. Slavin asked if there is a violation in existence on the property now and Mr. Keehr replied affirmatively and informed the Board that this gentleman was cited for having a truck parked in a residential area which exceeds 3/4 ton, which is in violation of the traffic ordinance. He was cited and he did go before the Codes Enforcement Board and he was informed he had so many days to move the truck or get it housed within a garage. Mr. Slavin asked when the 7½' side setback was enacted on the R-1 zone and Mr. Keehr replied in June, 1975 and prior to that, it was 6' Mr. Slavin referred to the purchase of the house being made in 1974 and clarified that only 6' side setback was required in 1974. Mr. Zimmerman asked if this garage would be the normal height for a garage and Mr. Negron replied that it would have to be built above the roof of his house. He explained how his plans were to build a Spanish building going above the existing build- ing and making a T at the end in order to park the truck in it. It will have to be about 3' higher than for a car. Chairman Thompson clarified that about 7' is needed fOr an automobile and this would require about t0' high. Mr. Cassandra referred to there being additional equipment be- sides the truck and asked if this would be parked along the side and Mr. Negron replied that the house is 40' wide and explained how some footers would have to be moved to accom- modate this garage. Mr. Cassandra commented that right now, he is a one truck oper- ation; but assuming he has luck, he might expand his business and may need another truck. Does he have plans for this possi- bility? Mr. Negron stated if the business increases, he will have to look for something where he can put all the equipment. -3- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 9, 1981 Mr. Negron continued that he doesn't know how it will work out. He has been in this tree service business for one year and it has been pretty good. If it gets better, he plans to buy an acre of land on Route 441 and store his equipment there. If he does expand in the future, he will be looking for somewhere to move. Mr. Cassandra asked if he has investigated renting a garage in the City and Mr. Negron replied negatively. He added that dur- ing some months, he does not have enough money coming in to pay the help and if he is renting a place, there is a deadline to meet. There is a place in HypOluxo where space can be rented, but it means taking a chance as it is wide open. Mr. Slavin asked if the plans filed for the garage are in accordance with all codes and Mr. Keehr replied affirmatively and added there is a 25' height regulation. Chairman Thompson questioned if the garage could be built in the rear of the house and Mr. Keehr replied negatively and ex- plained how there wasn't enough room to maneuver the truck. Chairman Thompson asked if storing this equipment in a R-1 zone violated any Code and Mr. Keehr replied negatively, but it must be housed from view. Chairman Thompson referred to maintenance of the equipment and Mr. Keehr replied there is no ordinance governing a person repairing his own car. Mr. Ridolfi told about talking to five neighbors in the immed- iate area and advised that all seemed to say they were not against it. The neighbors' feeling was in favor of getting this garage built. Mr. Slavin read a note from Sara Jane Kendel, 2450 North Seacrest Blvd., stating it is okay with her. Chairman Thompson clarified that this variance is being re- quested based on a hardship of the applicant not being able to afford storage space for a garage. He would like to con- struct a 15½' x 30' garage to store the equipment. He is asking for a variance of 4½' on the side. He will meet all other requirements. He then entertained discussion among the Board members. Mr. Cassandra asked if a plan was submitted for the garage and Mr. Keehr replied negatively. Mr. Cassandra referred to the house having a circular driveway and asked if there would be a straight line driveway to the street and Mr. Keehr re- plied affirmatively and added that he will definitely not be in violation of the front setback. Chairman Thompson asked if some type of wall would be needed for separation and Mr. Keehr replied negatively as the garage wall would be sufficient. -4- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 9, 1981 Mr. Zimmerman stated that he can see the predicament this man is in and understands the solution he is trying to undertake, but he is wondering how does a government imposed hardship fit into the picture? Chairman Thompson replied there is not one created by the City. Mr. Cassandra stated that the hardship is that he just started his business and doesn't have a twelve month lucrative type of business and his finances are such that he cannot afford to rent a garage for his vehicle. He has to move the vehicle because of a violation. The closest place to store it is in Hypoluxo and there is high vandalism. The hardship seems to be the vandalism and not enough money to pay to garage this. He feels this seems to be a stopgap for this gentleman. This is only assessing the problem for a few years if the business does expand. We all have vehicles which are constantly exposed to vandalism Of some sort. It is probably true though that they are not vehicles of our livelihood. Mr. Cassandra asked if it would be possible to make the garage flush with the building and extend it to the rear and Mr. Keehr replied affirmatively, but this wasn't the desire of the home- owner because he has his own ideas of architecture. Mr. Negron added that he is not too much of an architect, but when making the building flat, it doesn'~t look right. He is thinking of putting it 3 to 4 feet forward and doing the same thing on the other side. He was thinking of the future construction of the house to make it look nice. All the hous~ along Seacrest Blvd. are flat. Mr. Slavin clarified that his plans for the future would be to make an H 'out of the whole house with putting an additiOn on the other side and questioned whether there would be enough footage? Mr. Negron explained there could be a nice addition with 7%' giving expansion to his living room. Mrs. Artis stated that she considers Mr. Negron's livelihood being threatened in this instance. There is a hardship in that he has to house his equipment in order to provide his liveli- hood. It is clear there is a hardship imposed by the City in that his livelihood is being threatened. Chairman Thompson clarified that she was saying the City is placing a hardship on him because he has to move his truck and Mrs. Artis agreed and added that the truck is his livelihood. Mr. DiSarli made a motion to accept this variance and stated he looked at this home and spoke to the neighbors and they are in favor. He feels the applicant should have the right to make a living. Mr. Ridolfi seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion and the vote was 6-1 in favor with Mr. Cassandra dissenting. -5- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA FEBRUARY 9, 1981 OTHER Chairman Thompson asked how long a camper can be parked in a residential area and Mr. Keehr explained that it could be there indefinitely as long as it meets the parking regulations. Mr. Cassandra asked if Mr. Negron's truck had to be moved until the garage was built and Mr. Keehr explained that if the viola- tor makes some intent to correct a situation, the Building Department goes along with it and Mr. Negron has been very cooperative. There was further discussion about code violations and the enforcement procedure. ADJOURNMENT Mr. Slavin moved to adjourn, seconded by Mr. DiSarli. Motion carried 7-0 and the meeting was properly adjourned at 8:15 P.M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -6-