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Minutes 11-10-80MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 10, 1980 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Theodore Blum Ben Ridolfi Paul Slavin Lillian Artis, Alternate Anthony DiSarli, Alternate E. E. Howell, Bldg. Official ABSENT Marilyn Czufin (Excused) Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Building Official, members of the Board and Recording Secretary. He added that a note has been re- ceived from Mrs. Czufin advising she will not be able to attend this meeting due to illness and he requested her absence to be excused. Chairman Thompson explained the purpose of the Board and voting procedure. MINUTES OF SEPTEMBER 8, 1980 Mr. Ridolfi made a motion to accept the minutes as received, seconded by Mr. Blum. Motion carried 7-0. PUBLIC HEARING Parcel ~1 - Lot 4, Block 7, LAKE BOYNTON ESTATES PLAT I Recorded in Plat Book 13, Page 32 Palm Beach County Records Request - Relief from 60 ft. lot frontage requirement to 50 ft. lot frontage Relief from 7,500 sq. ft. lot area requirement to 6,000 sq. ft. lot area to const~ruct a single family residence Address - 716 West Ocean Avenue Applicant- Anthony Stallone Mr. Gordon read the above application and the reason re- quested because adjoining property cannot be purchased to widen this lot since adjoining lots are occupied with homes. Mr. Anthony Stallone, 11870 Ash Street, Palm Beach Gardens, came before the Board. Chairman Thompson asked if he had anything to say which might shed some light on the applica- tion. MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Stallone stated he has been a property owner in Boynton Beach for the last twelve years and has built quite a few new homes. He is purchasing this lot from a very elderly woman who cannot build on it because of her age and health. If he could have purchased additional land on either side, he would have done so but there are homes on each side. The previous homes he has built have improved the area since they are modern homes at reasonable prices and increase the tax revenue to the City. Empty lots have been left vacant in this area for 50 years and are eyesores. He is sorry this lot isn't any larger. Mr. Stallone then told about paying for the installation of a 4" water line along 7th Street at the City's request. Chairman Thompson commented that he noticed all the lots in the area are platted the same size and he assumes all are 50 ft. lots. Also, there is a home under construction on the west side of this property. Since there is a house under construction apparently on a 50 ft. lot, has there been a variance granted? Mr. Howell replied that he imagines the original owner of the lot was building this house. Mr. Ridolfi stated he went to this property and measured some of the other lots and all seem to be about the same size and Mr. Stallone agreed and advised they are 50 x 120 feet. Mr. Ridolfi asked if this house was going to be built for someo~ else and Mr. Stallone replied affirmatively. Mr. Zimmerman referred to the contract for purchase noting an execution date of July 28, 1980 and Mr. Bob Constant, representing the seller, agreed this was correct but ex- plained the dates had been postponed because this was the earliest they could have all the materials ready for the Board's review. Mr. Zimmerman clarified that at the time of signing the contract, he was aware it was an undersized lot and Mr. Stallone agreed. Mr. Slavin asked if he has a buyer or somebody ready to take this house over and Mr. Stallone replied affirmatively. Mr. Slavin asked if he has plans for the building and Mr. Stallone replied affirmatively. Mr. Stallone referred to Mrs. Hartley owning the property and stated he would have been glad to build a house for her. Recently she suffered a setback in her health and she has agreed to sell him lots as he has sales for homes. Mr. Constant added that Mr. Stallone paid to have the wa%er line put in and some of the owners have not responded to letters from the Building Department. He will now have the opportunity to recoup some of his expenses with building on this lot. -2- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and received no response. Mr. Gordon then read two letters in favor of this applica- tion from Ms. Bertha Hartley and Ms. Patricia Hallickson. Chairman Thompson asked if anyone wanted to speak against the granting of this variance and the following came before the Board. Mr. Bob Slager, 209 S. W. 4th Avenue, told about purchasing 75 ft. frontage on this block with plans to build his family home. He feels if this property is given relief, it will downgrade the valuation of his property. Before purchasing his property last year, he checked with the Building Depart- ment and the requirements in effect. With the understanding of the requirements, he purchased 75 feet. He requests the Board to vote against this application. Mr. Zimmerman asked which lot he owns and Mr. Slager informed him it is Lot 6 and the east half of Lot 7. Mr. Slavin asked if he preferred an empty lot which would be a garbage collector rather than a home with a landscaped front and Mr. Slager replied that he is sure it will be taken care of according to City regula- tions. He stressed that he cannot see any reason for a var- iance being granted. Mr. Arthur Cobb, 702 West Ocean Avenue, stated he is against this because these homes being built are on septic systems. With the land area being reduced, the overflow can go onto a neighbor's property. He agrees that a water line was run down the street, but 20 trees were removed to do it. There are other empty lots in this area and if one variance is granted, then others will be. If this is approved, then others will build on 50 ft. lots. Mr. Zimmerman referred to him living on Lot 1 and asked if there are houses on Lots 2 and 3 and Mr. Cobb replied there is nothing on Lot 2, but there are houses on Lots 3 and 5 and now Mr. Stallone wants to build in the middle. Mr. Zimmerman asked who owns Lot 2 and Mr. Cobb replied that he believes it is owned by Sol Shaye and added that he has tried to contact him, but has gotten no response. Mr. Ridolfi questioned the size of his lot and Mr. Cobb replied that it is 50 x 120 feet, but the house was built when he purchased it and the back door is only 4 ft. from the property line. Mr. Slavin asked if these lots were originally platted at 50 ft. and Mr. Howell replied affirmatively. Mr. Ray Kramer, 104 N. W. 7th Street, stated he objects to the building of this house. The zoning was set at a certain amount of feet and if a variance is granted, another house will be built. He has two small children and the area is congested. He does not see any reason to have additional danger to the children. There is a parking problem now in -3- MINUTES - BOARD OF ADJUSTMENT NOVEmbER 10, 1980 the area with the lots of regulation size. This will be add- ing more congestion to this area. He agrees houses may be landscaped properly, but with hedges and fences it will be dangerous to children. Mr. Stallone should have been aware of the size as he built the two other houses. He should have built two houses on the three lots instead of buying this lot in the middle now. Mr. Blum asked how long he has lived here and Mr. Kramer replied for three years. Mr. Blum asked if he has tried to buy the adjoining property and Mr. Kramer replied negatively as he cannot afford it. Mr. Gordon then read the letter received from Ruth C. Slager and Robert J. Slager protesting against the issuance of a variance. At this time, Chairman Thompson closed the public hearing and entertained discussion among the members. Mr. Zimmerman referred to Lots 3, 4 and 5 and clarified that Mr. Stallone built a house on Lot 3 with a 50 ft. frontage and it is now occupied, he is building a house on Lot 5 with a 50 ft. frontage, and he is now penned in with this 50 ft. lot in the middle. There is a 50 ft. lot in the middle with houses on both sides, but he built both of them! If these lots were divided, there could have been two 75 ft. lots. He thinks Mr. Stallone created his own problem. Mr. Slavin asked if the same person owned all three lots and Mr. Zimmerman replied that he doesn't know. Mr. Slavin continued that if they were, he can appreciate Mr. Zimmerman's thinking; but if not, he didn't have control over this. Mr. Constant clarified that Ms. Hartley's father developed this area and she inherited this lot and has owned it since 1926 or 1929 and Lots 3 and 5 have been owned for some time by Mr. Stallone. Mr. SlaVin clarified that Mr. Stallone purchased Lots 3 and 5 prior to the ordinance change and there was no question about the footage. Mr. Constant agreed that Mr. Stallone has owned the other two lots for some time and now has a contract to purchase Lot 4. Mrs. Artis stated she does see a hardship which has been im- posed by the City in that Mr. Stallone owned the other two lots before 1978 and Chairman Thompson agreed, but added that no building took place. Mr. Howell clarified that the 60 ft'. requirement has been in effect since June 1975; but in March 1978, an ordinance change was made pertaining to 50 ft. lots allowing owners previous to then to build on them. Mr. Zimmerman stated that Mr. Stallone has admitted that he knew he was contracting to purchase an undersized lot and something not fitting the code. Mr. Slavin added that the contract of sale specifically states subject to the buyer's ~ability to obtain a permit for building a home on subject property, so he knew it was a non-conforming lot and is seek- ing a variance. -4- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Zimmerman referred to there being four houses on the 24 lots on this block and stated he believes if 24 houses are built on this small block, it would change the character which would be set with this variance. The question is whether this is a hardship or did he buy a hardship? Mr. Slavin clarified that all Mr. Stallone has at this time is a contract to purchase. He cannot buy any land adjacent to this lot. The ordinance specifically states 60 ft. frontage is required. We have not seen any plans for this house. He can appreciate the neighbors' feelings about it being crowded. There is a lot of empty land, but we do not know how many people own lots. Our concern is somebody is looking to develop a 50 ft. lot. Perhaps this means taking an eyesore off the street. Is this beneficial to the City of Boynton Beach or not? Mr. Stallone did not create the hardship; he is aware of the situation as the contract says. If this is turned down, it will remain an empty lot; but if approved, it will be developed. Chairman Thompson stated also to be considered is if by granting a variance, would a hardship be created? The Board cannot eliminate one hardship and create another one. We must also consider whether we are denying a person the right to use their property, which we cannot do. Mrs. Artis clarified that the property in question does not belong to Mr. Stallone. By buying the property on either side, he in essence created the hardship. This is not a hardship created by the City in changing the ordinance. It is a hardship which was self-imposed. Mr. Slavin read a legal opinion from the City Attorney's letter of March 10 regarding non-conforming lots. Mr. Zimmerman clarified that Mr. Stallone did not own this property when the ordinance was chang~ requiring 60 ft. He mentioned talking with Ms. Hartley regarding building a house for her,but she was not in favor so he is attempting to buy this land. Chairman Thompson referred to there being a fine demarca- tion line here since the property is not owned by Mr. Stallone yet. We cannot deny an owner the right to use their property; however, this property has not been trans- ferred. The transfer is pending the outcome of this. He does not have a hardship because he does not own the pro- perty. -5- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Stallone stated if Ms. Hartley passes away, the land will not be held by the original owner. Someone will have to build sometime. Ms. Hartley is not in the position to build at this time. In reference to the corner lots, he built the houses on them. The man who spoke lives in a house which he built. He built all the houses in that block. There is a jungle in that block. He did not take the trees down, but the City removed them to put in the water line. He paid the City for the water line. As far as the houses are concerned which he built, they have three bedrooms, two baths, garage, utility room, etc. and are nice homes. He has not taken down a tree anywhere. It was a jungle there with snakes and rats. He made it better for the children so they could walk in the street. He spent about $900 on that particular lot to get it clean. The houses have been a big improvement. He has tried to buy the lot from Sol Shaye, but can get no answer. He owned the lots for years and there was no reason to get a variance when building the homes. This is the first time he is coming for a variance for a lot between two houses. Either it gets improved or remains a garbage dump! Ms. Hartley will never build a house. Mr. Bob Slager stated he is sure Mr. Stallone had knowledge of Lot 4 when he built on Lot 5 and he could have made ar- rangements to purchase it. He thinks Mr. Stallone just jumped the gun and is trying to make use of the lot there now. After he has purchased a 75 ft. lot to build a decent home, this will create a hardship on him. He still feels it should be denied. Mr. Zimmerman commented that he really doesn't see this lot remaining vacant. He imagines the people living on Lots 3 and 5 would in the future sometime see need of an additional bit of frontage and might come to an agreement to each buy half of ~is lot. Mr. Blum replied that he would like to dis- pute this remark. This comment is based on a supposition. He sees nothing wrong with having a house built there. He would rather have a house there than an empty lot if he lived there. Chairman Thompson added that regarding whether the present owner will build, he believes according to the legal opinion that property can be transferred and that person has the right to seek a variance. Mr. Zimmerman moved to deny this request based on the reason that this man is buying a hardship and did not own this lot when the ordinance was changed. Chairman Thompson ascer- tained the motion died for lack of a second. -6- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Ridolfi made a motion to grant this variance, seconded by Mr. Blum. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Artis - Aye Mr. Blum - Yes Mr. Zimmerman - No Mr. Ridolfi - Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - No Motion carried 5-2. (Variance Granted) Parcel ~2 - North 100' of South 1010' of East 115' of West 450' of East ½ of NE ¼ lying West of Dixie High- way and North 100' of South 1010' of East 110' of West 335' of East ½ of NE ¼ lying West of Dixie Highway, Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida Request - Relief from 40 ft. rear yard setback requirement to 27 ft. rear yard set- back to construct a five unit apart- ment building Address - 511 S. E. 20th Court Applicant - Steve Mason Mr. Gordon read the above application and the reason requested because the depth of this property does not allow for present zoning regarding rear and front setbacks. Mr. John Pagliarulo, 3546 South Lake Drive, Boynton Beach, representing the applicant came forward. Chairman Thompson stated he found it difficult to locate this property and Mr. Pagliarulo explained it is on 20th Court among the apartments on the north side. Mr. Zimmerman referred to a five unit apartment building being planned and asked if it would be two sto~s and Mr. Pagliarulo replied affirmatively and added it will conform with the area. He told about surrounding properties having two story apartment buildings. He continued that this land does not make it feasible to build according to the R-3 re- quirements. The previous R-3 zoning only required a 25 ft. rear setback. Mr. Zimmerman referred to the other apart- ments only having 25 ft. and Mr. Pagliarulo agreed and stated this building will conform. Also, since there are apartments in the rear and not single family homes, the decrease should not cause problems. -7- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Chairman Thompson asked if this would meet the density under R-3 and Mr. Howell replied affirmatively as there is over 23,000 square feet with the two lots and a unity of title will be required. 4,000 sq. feet is required per unit and there is land in excess of five units. Mr. Pagliarulo ad- vised the total square footage is 25,000 square feet and Mr. Howell agreed and added that 20,000 square feet is needed for five units. Chairman Thompson referred to there being another two story apartment building in the rear and questioned the distance between the two buildings and Mr. Pagli~rulo replied that he doesn't believe the existing apartment hou~has a 20 ft. rear setback. Mr. Ridolfi stated that he thinks it is about 15 to 18 feet. Chairman Thompson asked if anyone wanted to speak in favor of the granting of this variance. Mr. Louis Preiditsch stated his wife owns property within 400 feet of this area. He looked at this property. With the present setbacks of 40 ft. in the front and rear, it would only allow a 20 ft. wide building but could be built four stories high. It is an odd zoning for property like this. The lots like this on the east side of 1-95 have been ham- pered by this zoning. The sewers, water lines and electric poles have been there for a long time. To develop under this zoning is rather difficult in this area. He suggests the City Planner should take a look at these lots which have been there since 1950 when this area was developing. This type of zoning on these platted lots is very difficult. He requests this variance be approved. Mr. Howell advised the previous setbacks required 25 feet in the front and 20 feet in the rear. Chairman Thompson asked if anyone wanted to speak against the granting of this variance. Ms. Irene Ventres stated she lives across the street from this property. It is not true that this property is sur- rounded by apartment houses. There is an apartment house in back of it and on towards Federal Highway, but it is very well managed and not close to anyone. This was a quiet and narrow street until the Hatteras Apartments were built. She told how the street was opened then which has caused traffic and debris. The road is too narrow to take additional traffic. There are also roaming dogs in the neighborhood now and she told about cleaning up their debris. -8- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Ms. Ventres asked if there was a plan to see? She assumes she is the only one here tonight from S. E. 20th Court, but a petition was submitted. They have neat, nice looking pro- perties and if a mismanaged apartment house is built, it means trouble. She has at least 118 feet frontage on her property which is almost the full length of the property they want to build the five apartments on. This gentleman only plans to build on one lot which will probably be across the street from her. It could mean two five unit apartment buildings could be built on these lots. No plan was sub- mitted, but the sketch indicated the apartment building would only be built on one lOt. Her house was built in 1940 and she doesn't want to leave. Why can't a couple of one story buildings be built? Why should it be made a cement City? She disapproves of this request. Mr. Gordon then read letters in opposition from Emil C. Freund and Dozier B. Johnson. He also read the petition in objection signed by 16 property owners in the area. Chairman Thompson declared the public hearing closed and opened ~iscussion to the Board members. Mr. Zim~erman clarified that the piece of land in question is the e~sternmost of the two lots and Chairman Thompson agreed this was correct. Mr. Zimmerman clarified the frontage is 115 feet and Chairman Thompson agreed. Mr. Zimmerman clarified that the western parcel with 110 feet frontage will be left and both have the same depth of 100 feet. Mr. Blum stated about a week ago, he and Mr. Ridolfi visited this neighborhood and looked at this vacant lot on a tre lng is b doesn't be a har this apa but beli ing. Mr apartmen nendously narrow street. If a five unit build- ~ilt and the people had to turn in there, he ~now how it could be done. He thinks it would ~ship for the people living on the block to have ~tment building built. He has not seen any plans, eves he would be against such an apartment build- . Slavin informed him that this area is zoned for Mr. Blum z and Mr. Nc right-oflu Mr. Zimmer a contraCt wan~ to do this, but a new purchaser. dated 10/18/80. eferred to the street not being even 20 ft. wide well replied that he believes it is a 30 ft. ay with probably 20 ft. in lieu of 22 feet paved. man pointed out this was another situation with to purchase. It isn't the original owner who The agreement is -9- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Slavin pointed out in the contract for sale and purchase, it notes the use of the property for the purpose of four units and Mr. Zimmerman agreed, but stated the application for the variance is for five units. Chairman Thompson clarified that five units could be built on each lot. Chairman Thompson referred to the safety element and Mr. Howell informed him the plans would be reviewed by the Technical Review Board. Mr. Slavin questioned how large the lot to the west was and Mr. Howell replied that he doesn't know and possibly they may want to consider in the future of having an area map submitted with a survey. Mr. Ridolfi referred to the selling contract stating four units and the application asking for five and Chairman Thompson clarified that we are concerned with what the application states. Mr. BI~ referred to the possibility of having a five unit complex and stated he questions whether a fire truck can get through in case of fire or a tragedy and Chairman Thompson replied this is not a concern of this Board. Mrs. Artis referred to this being another case of a contract pending and Chairman Thompson stated according to the legal opinion, a hardship can be transferred from one person to another. Mrs. Artis asked if both lots were covered by this application and Chairman Thompson replied that he didn't think so as the variance is being requested only on the 115 ft. lo%. Mrs. Artis clarified .there was no mention made of the property next to it. Mr. Zimmerman referred to the possibility of duplexes being built and Mr. Howell replied this could be done, but they would be subject to duplex setbacks. He clarified tha~ the property is zoned R-3 and it is t00 ft. deep and the setbacks are 40 ft. in the .front and rear which leaves 20 feet left for a building. Also, the height limit in R-3 is 45 feet, but he believes the applicant is planning two stories. He explained how the setbacks were based on the height~ Chairman Thompson added that duplexes would only require 25 feet setbacks in the front and rear. Chairman Thompson clarified that regardless of the outcome of this request, the Board is not denying the owner the .use of the ~property. Something could be built to meet R-2 or R-1 requirements. -10- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mrs Artis asked if four one story units wOuld fit and Chairman Thompson replied negatively, but duplexes could be built. Mr. Pagliarulo clarified that it is zoned R-3 and he is not asking for rezoning. The present zoning allows five units. There is nothing in the code which can stop the owner from building five units on this property. He feels the City is a little wrong in the zoning with allowing such zoning on a parcel of land when there is n~ room for the proper rear and front setbacks. It is a hardship to conform to the present regulations. Five units can be built without coming to this Board. A 20 ft. building could be built, 150 feet long. It will not change the size of the road. He is not asking for a zoning change. The applica- tio'n covers the two lots which contain a total of 25,000 square feet. Nobody is going to build to the west as this runs to the end. Mr. Slavin stated according to the blueprint, he estimates there are 6~ lots west of the property which is equivalent to 350 feet and Mr. Pagliaruto informed him that the appli- cant owns 250 ft. frontage. Mr. Slavin questioned who owns the land to the west and Mr. Pagliarulo clarified that two surveys were submitted and these two lots are required for this building. Mr. Slavin referred to the property being short so many feet and Mr. Pagliarulo replied it is not short square footage, but want to reduce the rear setback. Mr. Slavin questioned the purpose of this application and Mr. Pagliarulo replied it was to get relief from the rear setback in order to build a nicer building. The building can be built according to the regulations, but it could only be 20 ft. wide. Mr. Slavin asked why he made the statement that the Board could not prevent the building and Mr. Pagliarulo replied that they can conform to the zoning, but the building could only be 20 ft. wide. Mr. Slavin stated since they can conform with a 20 ft. build- ing, why are they wasting the time and money to be here and Mr. Pagliarulo replied they were trying to build something more comfortable. Mr. Zimmerman asked if five units were buil~ in a 20 ft. wide building, would it be higher and Mr. Slavin replied that it can be 45 feet high. Mr. Zimmerman questioned whether this would be desirable. Ms. Ventres told about the road narrowing at different points. Mrs. Artis clarified that if this variance is denied, the builder can still build the number of rental units he has requested and Chairman Thompson agreed this was correct. -11- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Ridolfi made a motion to deny th~s variance on the basis this property is located on a very t~ght road. The road will be unsafe with more traffic. MOre traffic means more parked cars in that area which would !be detrimental to the City of Boynton Beach. Mr. Blum secqnded the motion. As requested, Mrs. Kruse took a roll ca~l vote on the motion as follows: Mrs. Artis - Yes, sinqe the landlocked be built. Mr. Blum - Yes Mr. Zimmerman - Aye Mr. Ridolfi - Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - Aye property is not and units can Motion carried 7-0. (Variance Denie~) Parcel ~3 - That part of SE¼ of SW¼, iSection 33, Township 45 South, Range 43 East, lyiing West of the Boynton- Delray School Road as suc!h road is described in Deed Book 901, Page 564, iPublic Records of Palm Beach County, Florida. Tiogether with: That part of Parcel "A" of Sky RanCh Estates according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Plat Book 26, Page 94; lying north of the Easterly extlension of the South line of Lot 2, Block 4, Missio,n Hill Subdivision as same is recorded in Plat Book 24, Page 178, Records of Palm Beach County, Florida; less the South 98.76 feet thereof. Lot 8, Block 4, Mission H ing to the Plat thereof c of the Clerk of the Circu Palm Beach County, Florid 178; lying North of the E South line of said Lot 2, said Mission Hill Subdivi 98.76 feet thereof. All Boynton Beach, Palm Beach Request - Relief from height of 25 ture height Address - 2929 South S Applicant - Ascension Lu AND: That part of ill Subdivision accord- n file in the Office it Court in and for a, Plat Book 24, Page asterly extension of the Block 4, of the afore- sion; less the South lying and being in County, Florida. a maximum structure feet to 64 feet struc- to construct a Sanctuary. eacrest Boulevard theran Church Mr. Gordon read the above application and the reason requested because the architectural design and size of this durch re- quires it to be constructed to a height of more than the 25 feet permitted. -12- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Jim Ferguson, an architect from Coral Gables, showed the site plan and explained the size of the building and site. He explained how all the site plan requirements would be met. He referred to this parcel of land being saved for the final sanctuary and explained how this would be twice the size of the present seating capacity. He clarified that what they are asking for is a height variance for the total building as an additional 39 feet is needed. Mr. Zimmerman asked who made the determination where the steeple should begin and Mr. Ferguson replied that it was basically the congregation and the building committee who made %he decisions. Mr. Zimmerman clarified that the City Council makes the determination whether a special exception is granted with regard to the steeple and this Board is only concerned with the roof height. Mr. Slavin asked if the overall height from ground level to the top of the cross will be 110 feet and Mr. Ferguson replied affirmatively, but 5 feet will be below grade with the crest being 37 feet and the finish floor being 32 feet. Mr. Blum clarified that the actual roof would be 64 feet high which is way above the limit allOwed in Boynton Beach. Mrs. Artis asked if there would be a seating area in the dome and Mr. Ferguson replied negatively and explained the chapel will be one story with the dome area being stained glass. Mrs. Artis asked if this area would house the air condition- ing units and Mr. Ferguson replied negatively. Chairman Thompson asked if it was feasible or necessary to have the 45 degree angle and Mrs. Artis asked if i~ would destroy the beauty if it was lowered and Mr. Ferguson re- plied that traditionally churches are the dominating thing in a community. He explained how it was felt that height created a worshipping atmosphere. They could function in a building like City Hall, but aesthetics such as planned will lend itself to worship. The eyes will be lifted up which is a part of the ritual for the worship. Mrs. Artis questioned the total area height inside and Mr. Ferguson informed her it would be 60 feet to the point. Mr. Blum stated he can appreciate their feelings with wanting their church to be high to be closer to heaven, but he thinks it would be opening a can of worms as other churches would want to go higher and this Board would have to grant it. -13- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Blum continued that according to the feelings in Boynton Beach, no structure should be above 45 feet. He doesn't think this is a good reason to go above that. Mr, Ferguson stated that not many people will apply for this and the church across the street from City Hall is higher than 45 feet. Mr. Blum replied that church was built before the ordinance went into effect. Mr. Slavin questioned the height of the church being referred to and Mr. Howell replied that it is probably close to 100 feet. Mr. Slavin clarified there would be no choir loft or organist in the dome area and Mr. Ferguson agreed this was correct. Mr. Slavin clarified that it was actually cosmetic to build it like this and Mr. Ferguson clarified that it was aesthetic. Mr. Slavin clarified that the request was for approximately 40 feet higher than allowed plus the steeple with the cross. The tallest structure for which any variance has been granted by the Board of Adjustment was to Motorola when they re- quested one additional story from 45 feet to 60 feet. This is actually 2½ times that request. He can appreciate the design, but questioned the possibility of taking off a certain area and Mr. Ferguson advised this would reduce it 25 feet. Mrs. Artis questioned what was housed in this area and Mr. Ferguson replied the stained glass would be. Mrs. Artis asked how much it would destroy the building by eli- minating this section and Mr. Ferguson explained how with the roof flattened, it would not be aesthetically pleasing. He added that not many people will come in and ask for space which won't be used. They are hoping when somebody goes by Ascension Lutheran Church it will recall spiritual life to them. A church should be a focal point of the City. Mr, Slavin referred to the stained glass contract not being let and stated this 25 ft. area could be eliminated. Chairman Thompson informed him that the Board could not enter an agree- ment. We must either deny or grant the variance requested. Mr. Ridolfi asked if it was feasible to redesign the building and still get the aesthetics wanted and Mr. Ferguson replied that it will not have the same feeling. If it is the Board's decision they cannot have the height, the~ they will have to go back to the drawing board. It will not have the same feeling of ascension which the congregation desires. Chairman Thompson asked if anyone wanted to speak in favor of this application and Rev. Ken Ferguson came before the Board and first clarified that Mr. Jim Ferguson was no rela- tion of his. He first emphasized that this plan was not for cosmetic purposes and explained how ascension was the last act of God and told about the people's aspirations. -14- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Slavin apologized for using the wrong phraseology and Rev. Ferguson continued that ascension is the final act of God. What they are asking in the way of a variance doesn't have to do with the density of the population. He under- stands the Board did grant a variance to St. John's Baptist Church and Chairman Thompson informed him the Council granted a special exception fOr the steeple. Rev. Ferguson clarified that they have been here 20 years and would like to build something beautiful for the City. With seeing the roof line coming down, it loses the aspiration of what they stand for. Chairman Thompson asked if anyone wanted to speak against the granting of this variance and the following came before the Board. Mr. Clifford Riley, 103 S. E. 28th Avenue, stated he lives across the street from this church. He agrees it is a beau- tiful plan, but beauty is not everything. He thinks if they are given permission, it will set a precedent. This is lo- cated in doctors' row and somebody will want to build a high medical building. He did not see the plans, but sees the action on Sunday morning. From 9:00 to 1:00 on Sunday morn- ing, it is a congested area. Churches are nice. He goes to church and thinks there should be more of them. However, he thinks a traffic report should be given consideration. Mr. John Whittemore, 3100 S. E. 1st Court, asked if someone with a different type of building in the same area could come in and ask for additional height based on the granting of this variance setting a precedent and Chairman Thompson replied negatively and stated it is not the intent of this Board to set a precedent. Each case before the Board is based on its own merits. Ms. Betty Walker, 110 S. E. 30th Avenue, stated she feels this will set a precedent. Just north of this is the nurs- ing home and Bethesda Hospital and there are several medical facilities and multi-family dwellings in this area. The traffic is congested coming out of 31st and 28th Avenues on Sunday morning. It is impossible to get out of the side streets when church is leaving out. Additional congestion is not needed in this area. Mr. Gordon read two letters in opposition received from Salvatore & Gloria Arcuni and Carroll & Eva Taylor. Mr. Blum clarified that even though he objects to the height, he does not object to the amount of traffic it would cause. He hopes the church is filled at all times and maybe we would have a better place to live. -15- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Rev. Ferguson referred to Mrs. Walker not living within 400 feet and Chairman Thompson replied that she is a citizen and has the right to be heard. Rev. Ferguson referred to traffic and stated they actually could build a church with 1,000 seats. They give consid- eration to the traffic. They consulted the Police Depart- ment, but the turning lane was taken out. The traffic will still be there. They will fill the church no matter what size it is. Chairman Thompson declared the public hearing closed and opened the discussion to the Board members. Mr. Zimmerman referred to sitting and listening to both sides and stated we have been quite lenient to churches and appli- cations have come in. It is pretty hard to knock a church. These plans seem to be reasonable for the area where the church is located. They do have a large lot. It is located on a high location. He thinks it would be inspiring to have this chUrch built there. Mr. Slavin stated he is in accord that churches are an essen- tial part of our lives. Not too long ago, we had a request from Bethesda Hospital to grant them several feet because they needed the room between floors for oxygen and air condi- tioning equipment and we had a lot of flack from the people in the area against this for the few feet they asked for. Bethesda Hospital is here to save lives and the people objected. Never ha~ we had a request from anyone who asked to go as high as this overall steeple would be. The overall picture would be 110 feet. Our limitations are 45 feet. St. John's re- quested a variance for choir loft and school rooms and it was nowhere near 110 feet. If this is granted, then another church may want to go to 120 feet. Where do we go from there? Chairman Thompson clarified that comparisons should not be made as each case is based on its own merits and we must keep in mind whether it is necessary. Motorola was men- tioned, but that variance was necessary or it could not have been built. St. John's only asked for ten additional feet. This is about the best looking church he has seen, but is this design necessary for it to perform? He thinks if the 45 feet height is exceeded, it must be for a neces- sity. Mrs. Artis clarified that we must determine if there is a hardship and Chairman Thompson agreed, but stated he does not think there is. -16- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Slavin referred to the teaching of the Ascension Lutheran Church being upwards and stated when they walk into this chapel, the aesthetic feeling of height is important to the worshippers. However, what is to prevent another group from saying they must have 200 feet for their spiritual devotion? There are guidelines which are not laid down by this Board, but by the City of Boynton Beach. Wherever we can, we allow variances where there is a hardship. He sees no hardship here. He thinks just as beautiful a structure can be de- signed with the height decreased. Mr. Ridolfi referred to having experience in the building of many churches in various designs and pointed out in this plan, there is just empty space in the floor elevation to the roof. He explained how additional height for an apart- ment house means more people. His heart tells him to grant this, but legally he feels we should not. The only differ- ence between this and a commercial building is there is no occupancy over ten feet off the floor. We must consider the merits for each application and no precedent is set.~ If someone wants a 60 ft. high apartment building, there is no comparison to this. Mr. Blum disagreed and stated before any time, there will be a City of churches, which he doesn't object to, but if they are going to be allowed above the legal requirements, it certainly is not doing anything for the City or the people living in the area. He thinks it would be a poor policy to start this now. It will open a can of worms and he objects. Mr. Zimmerman suggested lifting their thoughts a little higher and stated he really sees the good in this. Mr. Blum made a motion to deny this variance for the height of this sanctuary. He does not want to see a precedent set in the City by going 55 feet over what is allowed in the City. Mr. Slavin seconded the motion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Artis - Yes, in that the 39 ft. would not necessarily be usable space. Mr. Blum - Yes Mr. Zimmerman - No Mr. Ridolfi - No Mr. Slavin - Yes Mr. Gordon - Yes Mr. Thompson - Yes Motion carried 5-2. (Varience Denied) -17- MINUTES - BOARD OF ADJUSTMENT NOVEmbER 10, 1980 At this time, Chairman Thompson declared a recess and then reconvened the meeting at 9:4'0 P. M. Parcel #4 - Lots 31 & 32, Block 11, BOYNTON HEIGHTS SUBDIVISION Recorded in Plat Book 10, Page 64 Palm Beach County Records Request - Relief from 60 ft. lot frontage require- ment to 50 ft. lot frontage to construct a single family residence Address - 205 S. W. 1st Avenue Applicant - Joseph R. Harrigan Mr. Gordon read the above application and read the reason re- quested is that no additional property is available and this property is abutted on all sides by existing homes and public rights-of-way. Mr. Joseph Harrigan, 5182 Ferndale Drive, Delray Beach, came before the Board. Chairman Thompson asked if there was any- thing he would like the Board to know and Mr. Harrigan re- plied that he just wants to build this house for his resi- dence. He does have a set of plans and the house will meet all setbacks. Chairman Thompson stated he visited this property this after- noon and noted there are houses on the adjacent properties. Mr. Slavin referred to the lots being small and Mr. Howell informed him this area was platted at 25 feet. Mr. Slavin asked if the two lots to the west of this property are occu- pied and Mr. Harrigan replied affirmatively. Mr. Slavin asked if the contract is subject to approval of a building permit and Mr. Harrigan replied affirmatively. Mr. Ridolfi asked if the carport would be on the east side of the property and Mr. Harrigan replied affirmatively. Mr. Ridolfi asked if the house would be similar to the one across the street and Mr. Harrigan replied affirmatively. Mr. Blum clarified that the house will face S. W. 1st Street and Mr. Harrigan agreed. Mr. Slavin clarified that additional land is not available. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and received no response. He asked if anyone wanted to speak against granting this vari- ance and received no response. Mr. Gordon read notes in objection to the granting of this v~riance from Mr. C. A. Bauda and Mr. Joe Kiela. Chairman Thompson declared the public hearing closed and entertained discussion by the Board members. -18- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 Mr. Zimmerman referred to this being almost like the first application having a contract for sale and questioned why the owner is not making use of this lot and Chairman Thompson re- plied that this is different in that the owner does not own other properties in the area. Mr. Zimmerman referred to there being a sales contract which is after the fact of the ordinance being set up to require 60 feet and Chairman Thompson replied that according to the legal opinion re- ceived, a person purchasing property has the right to ask for a variance. Mr. R~dolf~ referred to visiting this area last week with Mr. Blum and stated they spoke to Mr. Kiela and his property is identical to this on the north corner of that block. Across the street, a house is on the same sized lot as this one. The way it is planned to be built will definitely be an asset to a dead corner which has been wasted. The northern part of the property is used for debris and junk. There is no addi- tional land available and the applicant is planning to build a house for himself. He feels there is not too much to dis- cuss on this one. Mr. Ridolfi made a motion to grant this variance. He added the reason is that this will clean up the whole corner. The blueprints of the house show conformity to two new houses across the street. This will improve the neighborhood. Mr. Blum seconded the motion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Artis - Aye Mr. Blum - Aye Mr. Zimmerman - Aye Mr. Ridotfi - Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - Aye Mot±on carried 7-0. (Variance Granted) OTHER Mr. RidOlfi questioned if the Planning & Zoning Board doesn't realize the hardships they are creating when making changes and Mr. Slavin replied the only answer is the density of the area. Chairman Thompson added that they are trying to stop what has occurred to the south of us. If we don't make cur- rent changes, we will probably find our City going down. -19- MINUTES - BOARD OF ADJUSTMENT NOVEMBER 10, 1980 ADJOURNMENT Mr. Gordon moved to adjourn, seconded by Mr. Zimmerman. Motion carried 7-0 and the meeting was properly adjourned at 10:00 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -20-