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Minutes 01-19-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 19, 1981 AT 7:00 P.M. PRESENT Anthony DiSarli Robert GordOn Benjamin Ridolfi Paul Slavin Vernon Thompson, Jr. Carl Zimmerman Nicholas Cassandra, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Theodore Blum (Excused) Lillian Artis, Alternate Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the members of the Board, Deputy Building Offi- cial and Recording Secretary. He acknowledged the presence in the audience of Councilmen Joe deLong and Sam Wright. He explained the purpose of the Board. ELECTION OF OFFICERS Mr. Slavin moved that the officers who served this Board last year be re-nominated and serve for the coming year, seconded by Mr. DiSarli. Motion carried unanimously. Chairman Thompson announced th~Mr. Zimmerman is Vice Chairman and Mr. Gordon is Secretary. MINUTES OF DECEMBER 8, 1980 Mr. Slavin moved that the minutes be adopted as presented since there were no errors or omissions. Mr. Ridolfi seconded the motion. Motion carried unanimously. PUBLIC HEARING Parcel #1 - Lot 36, Glen Arbor Addition No. 1 Recorded in Plat Book 25, Page 182 Palm Beach County Records Request - Relief from 7'6" side setback require- ment to be reduced to 6'5" side setback for construction of new addition to align with existing structure Address - 310 N. W. 8th Court Applicant - Frederick J. Stab Mr. Gordon read the above application. MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 Chairman Thompson asked if a representative was present for this applicat'ion and Mr. Frederick J. Stab, 310 N. W. 8th Court, came before the Board. He informed the members that the existing building is out 6'5" and he would like to have the addition be aligned with the existing house. Mr. Slavin asked when the house was built originally and Mr. Stab replied that he believes in 1958. Mr. Slavin asked when the zoning was changed in this area and Mr. Keehr replied in June, 1975 and prior to that, it was zoned R-1. Mr. Slavin clarified that all he wanted to do was even the corner portion and Mr. Stab agreed. Mr. Keehr added that prior to 1975, a 6' side setback was required and the house was conforming prior to the rezoning. Mr. Cassandra asked if this addition is going to be the same finiSh as the present house and Mr. Stab replied affirmatively, that it will be stucco. A gentleman from the audience stated it will look a lot better conforming and the applicant also has plans to finish the front better than it is. The whole house will look a lot better. Mr. Cassandra asked if the plan submitted meets the building requirements and Mr. Keehr replied that other than the setback requirement of 7% feet, he has not looked the plan over for structural requirements. Chairman Thompson ascertained there were no further questions and asked if anyone else wanted to speak in favor of the grant- ing of this variance. Mr. George Southhard stated he lives by the side of Mr. Stab and this would not interfere at all. He thinks it would be a nice addition. Chairman Thompson asked if anyone wanted to speak against the granting of this variance and received no response. He asked if any communications had been received and Mr. Gordon replied negatively. He then entertained discussion among the Board members. Chairman Thompson referred to the survey and pointed out that the entire side will have a 6'5" setback, so the request is for the whole house and not just the addition. Mr. Keehr dis- agreed and clarified that the request is to construct the ad- dition and maintain the same setback which is existing today on the house. Chairman Thompson referred to the other side having 11.9' and stated it does not have any bearing on this and Mr. Keehr agreed this is correct. -2- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 Mr. Ridolfi Stated he visited the site and saw what was going on and the new addition is in a complete straight line with the existing building. There is a large back yard. The area is neat and nice. He talked to three of the neighbors and all said they are in favor of this being done. The resident needs additional room for his family. The way the building is going, it looks good. It has been started. It is in a direct line with the existing home. Mr. Ridolfi made a motion to grant the variance for this parti- CUlar addition to the house, seconded by Mr. DiSarli. No discussion. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0, with all the members voting in favor. Chairman Thompson explained that five votes are needed in favor to grant a variance. Mr. Zimmerman questione~ when it was changed from four to five votes and Mrl Keehr replied that he believes the City Attorney has ruled that five votes are needed. Mr. Keehr referred to the ordinance book in Page 38 referring to five members and on Page 40 stating a concurring vote of four members are necessary and stated he feels there is enough confusion that we should get clarification from Mr. Vance and have this reviewed again. Parcel #2 - Lots 436-437 and 438-439, Cherry Hills Recorded in Plat Book 4, Page 58 Palm Beach County Records Request - Relief from 10' side setback require- ment to be reduced to 5' side setback on both sites to enlarge and improve existing, structures to comply with local and H.U.D. regulations Address - 505-511 N. W. 12th Avenue Applicant - Palm Beach County Housing Authority Mr. Gordon read the above application. Mr. Barry Seaman, Director of the Palm Beach County Housing Authority, 3432 West 45th Street, West Palm Beach, stated the variance requested refers to the side yards. Both pro- perties are owned by the Palm Beach County Housing Authority and are part of a major rehabilitation program in the area. They have to add area to the units to meet the requirements for decent sized units. The two buildings face each other and they are asking for a variance on the inside of the two buildings. -3- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 The architect then showed the plans and explained how they want to add a portion which will be a living room on each side which will reduce the clearance between the two buildings to 16 feet. It will be a blank wall, so there will be no interference between the buildings. It will enhance the liv- ing areas of the units. Mr. Seaman added that this area be- tween the two buildings will be landscaped. Mr. Cassandra asked if the living area will have a solid wall and the architect explained how there would be solid walls where the buildings face each other, but there will be windows looking into the landscaped court area. He added this will improve the property considerably. Mr. Slawin clarified that this variance is required to meet H.U.D. regulations and Mr. Seaman agreed. Mr. Slavin con- tinued that this is a low rent houSing project and H.U.D. will be subsidizing the rentals. The footage area within the apartments must be increased or H.U.D. will not subsi- dize the units. This would create a hardship on the tenants. Mr. Seaman agreed this was correct and added it cannot be reno- vated Unless it meets the square footage requirements of H~"U.D. and the local code. Chairman Thompson questioned the size of the units now and Mr. Slavin replied there is almost 1,900 square feet. The architect added that the addition is approximately 12 x 18' Chairman Thompson clarified that this would bring it up to City code and Mr. Keehr advised that it will be over City code, but H.U.D. requires a larger area. Chairman Thompson asked if anyone else would like to speak in favor of the granting of this variance. Mr. William Meisinger, Vice Chairman of the Boynton Beach Housing AUthority, stated he has in his possession a letter from the Chairman of the Boynton Beach Housing Authority to the Board in support of the request by Mr. Barry Seaman of the Palm Beach County Housing Authority, This letter con- tains sentiments of other members of the Boynton Beach Hous- ing Authority. He then presented the letter to the Board. Chairman Thompson read the following letter from Sarah B. Goldberg, Chairman of the Boynton Beach Housing Authority: "We trust that you will look with favor on the variance asked for by the Palm Beach County Housing Authority on the properties at 507-509 N. W. 12th Avenue, Boynton Beach. "We ask that you, in your attention to this, take into consideration the fact that the rehabilitation of these pro- perties serve a severe need in the area - as well as the fact that as time goes on without a favorable resolution of this matter, costs will continue to increase and thereby erode what can be done with the allotted monies for this rehabili- tation project." -4- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 Chairman Thompson ascertained that nobody wanted to speak against the granting of this variance. He asked if any com- munications had been received and Mr. Gordon replied nega- tively. He then entertained discussion among the Board mem- bers for clarification. Mr. Ridolfi referred to taking a ride to these sites and stated that he talked to neighbors in this section. It is a rundown area. If H.U.D. can fix it up and make it look neat, he thinks it would be an asset to Boynton Beach and the people living in the area. Chairman Thompson clarified that the hardship is that H.U.D. will not get involved unless their specifications are met. Mr. Slavin added that the existing hardship is one which has been imposed by the federal government through H.U.D. in their process of trying to rehabilitate rundown neighborhoods. Construction will meet code, There-are two to four families involved in this area. If this variance is denied, H.U.D. doesn't lose or Boynton Beach, but the families do. It is not a question of code or legality. Mr. Ridolfi made a motion to grant this request. His reason is that he thinks the people in this area deserve better liv- ing conditions and if this is denied, it will make it worse. Mr. Gordon seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion and the vote was 7-0 in favor. Parcel #3 - Lot 9, Block 94, Palm Beach Leisureville, Tenth Section Recorded in Plat Book 30, Pages 129-141 Palm Beach County Records Request - Relief from 5' rear setback require- ment to be reduced to 1' rear setback for screen room addition Address - 1412 S. W. 22nd Avenue AppliCant - Carmen Pettisani Mr. Gordon read the above application and the reason requested noting that the owner was issued a permit in error to erect a screen room, of which did not come to the attention of the Building Department until the final inspection. Chairman Thompson requested an explanation from Mr. Keehr regarding this. Mr. Keehr stated this was done quite awhile ago and he assures the Board that the Building Department has taken steps not to repeat this error. This error was made through the fact that they did not require a survey for a screen room, but looked at the overall site plan. Since this house has a lot of room in the back, they took the word of the contractor. -5- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 Mr. Keehr continued that they now have the policy of not only a survey being submitted, but request the contractor or owner to get approval from the Leisurev±lle Association. This case is quite old due to a couple respects. Everyone is entitled to request a variance, but he was unable to allow this for a period .of time because this~structure is existing on an ease- ment. With the help of the City Attorney, he clarified this was not a problem and this encroachment could remain as far as the legality of the easement. However, a variance is re- quired and the application was submitted to this BOard. The contractor is not in business any longer. Mr. Cassandra referred to going by this property and clarified if the contractor is not around and if this gentleman does not get a variance, that he would have to tear this all down and Mr. Keehr agreed this was correct. Mr. Zimmerman questioned when this was built and Mr. Keehr informed him that the date of the permit is 1/17/79. Chairman Thompson asked if a representative for the applica- tion is present and Mr. Carmen Pettisani, 1412 S. W. 22nd Avenue, came before the Board. He advised this came about when the house was being built and he requested a screen porch from the builder. The builder said the request was made too late since all the papers were completed and he said he would send a private contractor to do it, which he did. He told him to get a permit and build. The contractor obtained a permit and built the screen porch. About seven to eight months later, he received a letter from the Building Department stating he was in violation with the screen and he did not know why. However, this has been going on and the screen is up and the contractor is no longer in business. He is asking for a variance to leave the screen as is. He has had no complaints from any of the neighbors. The Lei- sureville Board will go along with it. Mr. Ridolfi referred to visiting the site and stated this particular street seems to have more property between the back yards of the houses than most of them. The land in between is above average. It is a plain screen porch with aluminum siding. It looks nice and he doesn't think it bothers anybody. Mr. Zimmerman asked if when he bought this place, he knew where the 'back property line was and Mr. Pettisani replied negatively and added that he had a plot plan which he gave to the contractor and it was submitted to City Hall for the permit. -6- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 Mr. Ridolfi commented that he personally thinks What happened in this situation was Campinelli probably knew that putting on the porch was not in order and passed the buck. Chairman Thompson suggested that he better not make an assumption. Mr. Ridolfi continued that he probably passed the buck in order to get the job done and the little contractor did it. Chairman Thompson declared this statement out of line and Mr. Slavin added that this is not within our province. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and the following came before the Board. Mr. Robert.White, President of the Boynton Leisureville Asso- ciation, advised that the association took over June 12 from the developer, He did not hear of this case until receiving a notice with being a neighbor. The Board of Directors for architecture control the units. Prior to June 12, there were many violations of deed restrictions, bylaws, etc., which shoUld have had permission from the Board of Directors. Prior to June 12 when Campinelli had control of the Board, there was nothing in writing to say take it down, etc. He told about not getting the developer's help when trying to correct violations. Since June 12, they have been making a house-to-house survey advising the owners of any violations. They have had to let violations remain, but have the matter under legal counsel. He called a meeting of the Board in regards to this application and the Board unanimously granted approval because of the aesthetic values in this location. He knows of no neighbors objecting, but the association has approved it.. The Association will provide the City with their restrictions which may be of help. Mr. Slavin clarified that their governing body sanctions the screen porch which is there now and Mr. White agreed this is correct, but they have their legal counsel preparing documents to be careful this will not establish a precedent. Chairman Thompson clarified that the laws of Leisureville do not supersede the laws of the City. Because something is approved by the Association, does not mean the City has to agree to it. Mr. Louis Williams, attorney representing Mr. Pettisani, in- formed the Board that the contractor who built this porch has subsequently gone out of business. He thinks there is a hardship because a permit was granted in error. The porch has been there for two years and Mr. Pettisani would have to tear it down. That isa hardship enough, but normally if someone obtains a permit and the contractor causes damages to the owner and he must go to the expense to tear it down, generally he could sue the contractor; but in this case, contractor is out of business. Any hardship would be directly upon Mr. Pettisani, -7- MINUTES - BOARD OF ~JUSTMENT JANUARY 19, 1981 Chairman Thompson asked if anyone wanted to speak against the granting of this variance and received no response. He asked if any letters were received and Mr. Gordon replied affirma- tively. -He then read a letter from Carl W. & Marian A. Andersen, 15~04 S. W. 22nd Avenue, opposing any reduction from the present 5' setback requirement anywhere in Leisureville as it would be a detriment to the land usage and would seriously affect the quality of life of the residents. He read a letter from Dominick & Angelina Bruno, 2103 S. W. 15th Street, object- ing to any reduction in the setback requirements proposed as it would set a precedent ~allowing others the same privilege. He read a letter from Ed and Frances Ranno, 2103 S. W. 15th Street, objecting on the basis of setting a precedent also.. Mr. ~ugust Jeffry, 1407 S. W. 22nd Way, stated that he lives righT ~ehind Mr. Pettisani. He commented that it seems like a lot of people .are complaining, but they shouldn't as it wasn't Mr. Pettisani's fault. He lives right behind and he doesn't mind it at all. Mr. Zimmerman asked if he lives to the south of Mr. Pettisani's property and Mr. Jeffry clari- fied that their rear properties adjoin. Mr. Zimmerman asked how far he could go back if he decided to build an addition and Hr. Jeffry replied that he doesn't know, but he doesn't have any intentions for an addition. Mr. ~hite referred to the first letter read making reference to P~lm Beach Leisureville and advised that this property is located in Boynton Beach Leisureville. Mr. Zimmerman clarified that the plat is Palm .Beach Leisureville and the association is called Boynton Beach Leisureville. Chairman Thompson then entertained discussion among the members. Mr. Cassandra stated it is his understand~ing that the granting of a variance does-not set any precedent, but each variance is considered on the merits presented. We must consider hardships It seems there is a pandora's box with a permit being issued two yearS ago by the Building Department. This was compounded by the qontractor, who should have known and did nothing about it. This has all resulted in a hardship on the applicant and he has ho alternative to get back his monies if the variance is not granted. Mr. Zimmerman agreed there is a hardship and he beliewes! the City is at fault since a permit was issued. Mr. ~assandra made a motion to grant the applicant's reques for a variance, seconded by Mr. Ridolfi. Under discussion,t Mr. Qassandra stated that he honestly believes there is a hard~hip upon this gentleman which the City created with the procedure of granting permits. Mr. Zimmerman referred to this being 4' into the utility easement and requested clarification of the utilities in this easement. He knows in Leisureville, -8- MINUTES - BOARD OF ADJUSTMENT JANUARY 19, 1981 electric, telephone and cable TV are in the easements. Mr. Keehr~replied'that he doesn't know, but the attorney's opin- ion was that there wouldJbe no violation of the Leisureville easement regulations with this structure remaining where it is. Mr. Zimmerman pointed out that it does leave 6' in the easement with 5' on the other property and 1' on this pro- perty. Chairman Thompson added that we have been assured it will be impossible to have this repeated as the Building Department follows a different procedure now. If the City Attorney is wrong, only the owner will suffer. Mr. Keehr agreed and added on this particular matter, it is more of a legal yes rather than an opinion. As far as this happening again, he believes the Building Department in this City is probably the most accurate and efficient in the State. Thou- sands of permits are issued and hopefully the same mistake won't be .made twice. As requested, Mrs. Kruse then took a roll call vote on the motion and the motion carried 7'0 with all members voting in favor. OTHER Chairman Thompson suggested taking a few minutes to discuss the meetings to be held this year. If we operate the same way., meetings will be held at 7:00 P. M. on the second Monday of each month. A meeting on the fourth Monday will only be held if absolutely necessary. The members agreed. Chairman Thompson stated we will get a legal opinion on the number of votes needed for granting a variance. Chairman Thompson stated it is not included in the book whether there is a time period necessary before submitting an application back to the Board again and Mr. Keehr agreed this was not included and clarified that if someone is turned down, he can apply at the next meeting if meeting all the requirements. Mr. Cassandra referred to being an alternate member and asked if he was expected to attend every meeting or only come when needed and Chairman Thompson requested him to attend every meeting if possible. Chairman Thompson stated if the members want to be re-imbursed for their expenses to visit the sites, they should keep a re- cord of the mileage. ADJOURNMENT Mr. Zimmerman moved to adjourn, seconded by Mr. Slavin. Motion carried 7-0 and the meeting was properly adjourned at 8:25 P.M. Suzanne M. Kruse, Recording Secretary (Two Tapes) --9--