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Minutes 09-08-80MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 8, 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 Bert Keehr, Deputy Bldg. Official ABSENT Marilyn Czufin Anthony DiSarli, 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 recognized the pre- sence in the audience of Councilman Joe deLong and Council- member Lyn Huckle. MINUTES OF AUGUST 25, 1980 Mr. Zimmerman moved to approve the minutes as recorded, seconded by Mr. Slavin. Motion carried 7-0. PUBLIC HEARING Parcel #1 - Lot 33, MANGO HEIGHTS Recorded in Plat Book 30, Page 55 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area to 6,004 sq. ft. lot area to con- struct single family residence Address Applicant - 325 S. W. 5th Avenue - Antonio Caliendo Mr. Gordon read the above application and noted it was re- quested because there is no additional land available. He added that all the papers seemed to be in order. Chairman Thompson ascertained the applicant nor a represen- tative was present. Mrs. Kruse told about the notice being returned when mailed to the address noted on the application, but advised that it was resent to the address noted on the deed and wasn't returned. She assumed Mr. Caliendo had re- ceived it. She also telephoned the applicant and there was no answer, but she did inform him of the date of the meeting when the application was filed. MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 Chairman Thompson suggested proceeding with other business and then coming back to this application. Mr. Zimmerman so moved seconded by Mr. Blum. Motion carried 7-0. ' ATTENDANCE Mr. Zimmerman advised that Mr. DiSarli contacted him earlier today requesting to be excused. Chairman Thompson ascertained that nobody had heard from Mrs. Czufin. Mr. Ridolfi asked if the notice was sent to Mrs. Czufin since she was not present at the last meeting when it was distributed and Mrs. Kruse replied the notices were mailed on August 26 to those members not present at the meet- ing. She asked if Mr. Gordon had received the notice and Mr. Gordon replied that he just received it in the mail today. Chairman Thompson referred to the mail taking two weeks and commented that possibly Mrs. Czufin had not received the notice. LEGAL OPINION ON VOTING PROCEDURE Mr. Gordon read a memo from Mr. Keehr to the City Attorney dated August 15 requesting clarification on the votes re- quired to approve or disapprove a variance. He then read a reply dated August 28 from Mr. James Wolf stating accord- ing to the City Code, four members of the Board constitute a quorum; decisions shall be made by a majority, but such majority shall not be less than four members. Mr. Slavin clarified that this means four members of the Board can constitute a quorum and act on a matter, but it must be 100% approval of the matter. Mr. Zimmerman suggested that the reference to five be changed 'in the code book. Mr. Keehr stated where it has reference to five is where it deals with procedures of the Board and not actual cases. When the Board wants to change any procedures, it requires a vote of five members. Mr. Zimmerman pointed ou~ that it refers to five members in the first part.of the last paragraph on Page 38 and Mr. Keehr agreed this was misleading and advised that he will bring this to the City Planner's attention and request a new page. Chairman Thompson announced that we will operate with four members voting in favor being necessary to approve the grant- ing of any variance. -2- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 PUBLIC HEARING (Continued) Chairman Thompson ascertained that Mr. Caliendo had arrived. Mr. Antonio Caliendo came before the Board and stated his address as 245 S. E. 24th Avenue. Mr. Slavin told about the notice being returned frOm this address and Mr. Caliendo could not explain it, but stated he has received other mail and did receive the copy of the notice sent to 127 S E 27th Way. - - Mr. Caliendo then showed a plan of the two story house he proposes to build. He added that the square footage of the lot is the same as others in the neighborhood and the house will fit and meet the setbacks for the R-lA zone. He works as an architect associate and hopes to spend a lot of time building this house himself. He likes the look of wood and a two story house may be an exception, but the rest of the homes seem to be quite similar. It will remove an unsightly lot with the addition of this house. Mr. Slavin referred to the map submitted showing all the lots platted on S. W. 5th Avenue being 65' wide except the two corner lots are 68' and questioned when this was platted originally and when the zoning change was made requiring 7,500 square feet? Mr. Keehr informed him that prior to June 1975, this would have been a conforming lot. At that time, 6,000 square feet was required and this lot has 6,004 square feet. He does not know the exact date of the platting. Mr. Slavin clarified that it was a conforming lot when ori- ginally platted and Mr. Keehr agreed this was correct. Chairman Thompson referred to the deed being dated August 11 1980, and stated the City ordinance which changed the zoning' requirements in 1975 made this non-conforming property. He has questions about proposing to build on property which is non-conforming at the time of purchase. Mr. Zimmerman asked if he knew this lot had been before the Board recently and was turned down and Mr. Caliendo replied that he did not know this at the time of the sale, but found out afterwards. At the time of the sale, he thought it was a New York investor who did not need the lot and the price was good. He gambled on a small lot based on the idea that nobody else would use it. Mr. Zimmerman clarified that the Wagners had not mentioned this to him and Mr. Caliendo re- plied negatively. Mr. Zimmerman referred to the copy of the deed not showing the date it was recorded and Mr. Caliendo informed him that it has been recorded and he received a receipt about two weeks ago frOm the County. Mr. Zimmerman referred to record- ing not being noted on the deed and stated he would like to -3- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 know if this deal has gone through~altogether or it has not been accepted. Mr. Slavin asked if there was just a contract of sale subject to the approval of this Board or does he own this property and Mr. Caliendo replied that he owns this pro- perty. He explained that he submitted this copy of the deed to meet the deadline for applying for the variance. He paid for this lot in cash with no stipulation whether it is to be given a variance or not. Mr. Slavin asked if he had an attor- ney representing him at the time of the sale and Mr. Caliendo replied negatively. Mr. Slavin asked if he bought the lot through a realtor and Mr. Caliendo replied affirmatively. Mr. Slavin asked if the realtor told him the lot was subject to a zoning regulation which might prevent him from building and Mr. Caliendo told about looking at all the houses on the street and the realtor said the lots are the same and there should not be any problems building on it. Mr. Zimmerman asked who prepared the deed since it was blank where the recording information should be and Mr. Caliendo informed him that he went through a title insurance company. Mr. Zimmerman clarified that at the time he applied for this variance, this deed evidently was not recorded and Mr Caliendo agreed. · Chairman Thompson stated that we must establish the owner of the property. Mr. Slavin referred to Mr. Caliendo having the necessary papers and suggested declaring a half hour recess to give him the opportunity to go home and get these papers. Mr. Caliendo replied that he wouldn't mind doing this and would be glad to bring as many papers as he has. He sub- mitted all the papers he had at the time of application and it was deemed sufficient. Mr. Gordon suggested that the B6ard could take action on the condition that the papers are sub- mitted to the City Clerk's office tomorrow. Mr. Slavin again referred to establishing ownership before taking action and Chairman Thompson informed him that the Board can act with stipulations and explained that if the Board sees fit to grant this variance with the condition that as of this date, the materials must be produced supporting the. deed, he sees no reason to delay for thirty minutes. Mr. Slavin asked if this was agreeable to the Building Department and Mr. Keehr replied affirmatively. Chairman Thompson clarified that when this came before the Board previously, there were four lots and at that time be- cause of the 1975 change, it showed the lot did not have the necessary footage. It seemed to the members that the owner was trying to divide the property into four lots. According to the zoning, they would have to divide into three lots in- stead of four under one ownership. Now, it is back before us for one lot, but there are still four vacant lots. -4- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 Mr. Keehr clarified that all four lots were platted, but the other three lots were owned by a company who owned them prior to 1975 and they did not have to come before the Board. This one lot was owned by a realtor. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and the following ca~ebefore the Board. Mrs. Fran Mezzetta, 315 S. W. 5th Avenue, advised she lives two lots away from this ~roperty and is in favor of a house being built here2 This is a nice neighborhood and this lot is unbecoming to the ' neighbors. She would prefer a home being built there. She ~ives in a two story house, 15' wide and 40' long, and it is ~ig enough. She feels there should be no objection and this ~ould upgrade the neighborhoOd. Mr. BlUm added that he found the neighbors in favor after talking to about eight of~them last Saturday. They feel it would be an asset to t~e neighborhood if a home is built as this lot is being used as a garbage dump. The homes are fairly nice and it would eliminate the dumping. Mr. Andy Carlino, 331 S. W' 5th Avenue, stated he lives next door to this lot.' H~ is fully in favor of a home being built there. The houses are built on this same sized lot. His concern was the size and type of house planned to be built. Chairman Thompson ascertained nobody wanted to speak against the granting of this variance and no correspondence had been received. Mr. Zimmerman stated he wguld like to know what conditions changed since this was before the Board last year and Chair- man Thompson replied that at the time it came before the Board previously, there were four lots and the Board felt the owner wanted to divid~ the property to get in as many houses as possible. Mr. Keehr stated if the same person owned all four lots, he would presumably have owned them prior to 1975 and if that was the case, he did not need a variance on ~y of them. ~ctually one developer owned the three lots from the corner and he built three houses on these lots because he owne maining lot was owned by a discussion regarding these to do with this lot. In r d them for years. This one re- n individual. Although there was three other lots, it had nothing sference to this being different from the original case, th~ City Attorney's opinion gives some input as this was given after the original 'case was held. -5- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 Mr. Slavin referred to there being fences around the neighbor- ing houses and pointed out on the survey, it is noted there is an encroachment on this property of the fences and Mr. Keehr agreed this is correct, but this is not unusual and it is only a little encroachment on the one corner. Mr. Caliendo added that according to the surveyor, a wooden fence top is encroach- ing which is a matter of it leaning. Chairman Thompson stated that paragraph four of the City Attorney's letter clarifies this. This is landlocked pro- perty and it was made non-conforming and has no use. We do not have the right to deny the use of this property. Accord- ing to the attorney's statements, this applicant is entitled to a variance. Mrs. Artis referred to not being sure who owns the lot and Chairman Thomps¢,n informed her that we can act to save time with placing a He would hate t¢ month to have t~ sented tomorrow Mrs. Artis refe~ cannot be transf be done, but thi fied a variance property. If a Caliendo decides with the propert Mr. Caliendo not that in that eve this variance wo stipulation that Mr. Zimmerman as also owned this, he didn't becaus~ Keehr added if ti not have needed ~ Zimmerman asked ~ replied last yea] owned these lots tively. Mr. Slavin referl being one story stories would ~a~ negatively as a :tipulation to support the material submitted. postpone this for another two weeks or one .e information presented when it can be pre- to the City Clerk. red to placing a stipulation that the variance erable and Chairman Thompson agreed this could s is a landlocked situation. Mr. Slavin clari- could be granted based on the ownership of the variance is granted on this basis and Mr. to sell the lot, the variance does not go ~. Mrs. Artis referred to the possibility of owning the property and Mr. Slavin replied mt, any action this Board takes in granting ~ld be null and void because there will be a he submits proof of ownership. ~ed if the owner of the four lots previously )ne lot and Mr. Slavin replied that perhaps the owner built homes and sold them. Mr. developer owned this lot also, he would ~ variance and could have built a home. Mr. then the other homes were built and Mr. Keehr ~. Chairman Thompson asked if the developer before 1975 and Mr. Keehr replied affirma- · ed to all the homes on S. W. 5th Avenue .nd asked if this planned home being two ~e any difference and Mr. Keehr replied 5 ft. height is allowed. -6- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 Mr. Slavin moved that this Board grant a variance to Mr. Caliendo because: 1. A hardship exists in the fact that this lot was platted prior to 1975 when the code was changed to the present zoning regulations. 2. There is no land or ground east or west of this lot which he can purchase to get the necessary footage. 3. It is landlocked and is an eyesore. It would serve the community to have a home built there. It would clean up the neighborhood and all the people in the neighborhood would actually reflect in a new home because it enhances an area. Subject to the necessary papers showing Mr. Caliendo is indeed the owner of record of the lot known as 325 S. W. 5th Avenue in Boynton Beach. He thinks the Building Department can verify the necessary papers for proof of ownership. All documents should have been filed between August 11 and August 20. Mr. Keehr added if the actual recording date was after August 20 and prior to this date, it would be acceptable. Mr. Blum stated under these conditions, he seconds the motion. Mr. Blum asked if there should be a time limit when to prove ownership and'Chairman Thompson replied that he did not think that was necessary. Mr. Slavin clarified that the proof of ownership should have been recorded between August 11 and prior to tonight. Mrs. Artis referred to the deed showing joint ownership and stated the motion does not include both names and Mr. Slavin replied this was correct, ~but the application was submitted by Mr. Caliendo. He then included the granting of the vari- ance to Antonio Caliendo and Jill Teverbaugh in the motion. Chairman Thompson referred to the time allowed to present the information supporting the deed and stated he does not see why it cannot be presented to the City within this week. Mr. Slavin agreed and included in the motion that all neces- sary documents must be presented to the City Clerk no later than Friday, September 12, 1980. Mr. Blum agreed to these additions and seconded the motion. Mr. Zimmerman referred to putting on a time limit when work should be started and the permit taken out. Mr. Slavin re- plied that he has no objection to this. He asked how soon construction must begin after taking out a permit and Mr. Keehr informed him it is 90 days. Mr. Slavin referred to giving 30 days to obtain a permit and Mr. Keehr informed him this may create a hardship because of soil bearing tests which have to be made. He would suggest that 60 days be the -7- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 8, 1980 minimum. Chairman Thompson added that in all fairness, he should be given several months as it also requires time to obtain a loan, etc. He asked Mr. Caliendo if he was prepared to begin.and Mr. Caliendo replied that everything was up in the air until tonight. He would like to start as soon as he can. He has to secure a loan, buy materials, get plans drawn, etc. Mr. Gordon asked if he-had any idea when he would apply for a permit and Mr. Caliendo replied within two months. Mr. Slavin then clarified the motion and stipulations that a permit would have to be pulled by the end of this year and proof of ownership is to be submitted this week to the City Clerk. Chairman Thompson clarified that the stipulation is within 90 days, the permit will be pulled and Mr. Slavin and Mr. Blum agreed. As requested, Mrs. Kruse took a roll call vote and the motion carred 7-0 with all members ~oting in favor of granting the variance. ADJOURNMENT Mr. Gordon moved to adjourn, seconded by Mrs. Artis. Motion carried 7-0 and the meeting was properly adjourned at 8:20 P.M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -8-