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Minutes 08-25-80'MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 25, 1980 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman · Carl Zimmerman, Vice Chairman Theodore Blum Ben Ridolfi Paul Slavin Lillian Artis, Alternate Anthony DiSarli, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Marilyn Czufin Robert Gordon (Excused) (Excused) Chairman Thompson called the meeting to order at 7:09 P.M. He introduced the members of the Board. He explained the purpose of the Board and voting procedure. MINUTES OF AUGUST 11, 1980 Mr. Zimmerman referred to just receiving the minutes and suggested delaying approval of the minutes until the end of the meeting after having an opportunity to read them and the members agreed. Mr. Slavin then read the attached memo dated August 25 from Mrs. Padgett in reference to communications for the August 11 meeting. He read the three letters in opposition to the Boca Raton Federal application received from Stewart P. Drummond, Jr., James E. Wurth, and Fred & Marjorie Hollub. Mr. Slavin then read two letters in opposition to the Bethesda Hospital application from Robert & Dorothea Wiley and Robert E. Brierly; and four letters in favor from Dr. Frank Kucera, Mrs. Laura Benson, Dr. Robert Raborn, and James W. Metz, Jr. He then read a letter from John I. Avery stating opposition to the application from Selva Ganesh, M. D. Chairman Thompson requested these letters to be made a part of the record. PUBLIC HEARING Parcel ~1 - Lots 1 thru 24 inclusive (entire block), Block 3, PALM BEACH COUNTRY CLUB ESTATES, less proposed right-of-way of Seacrest Boulevard Recorded in Plat Book 11, Page 43 Palm Beach County Records Request Address Applicant - Relief from 25 ft. maximum height allowed to 35 ft. height to construct new church - 910 North Seacrest Boulevard - St. John Baptist Church, Inc. of Boynton Beach MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mr. Slavin read the above application and Chairman Thompson not'ed that all the papers were in order. He asked if anyone was present representing this application. Mr. James A. Cassidy, Attorney, advised that he represents St. John Missionary Baptist Church and the present owner, Mr. Jean W. Reeves. They are seeking to purchase this property and build a church. The building restriction is 25 feet and they are seeking a 10 ft. increase to 35 feet. This is pri- marily requested because this is going to be a church. They need it to be large enough for the people and a balcony will be included. A height of 35 feet is needed to maintain the structural integrity. The plans show the roof slope is where the additional height is needed. This is necessary as a prac- tical matter. The height restrictiOn is imposed on churches the same as other buildings in the R-2 zone. Churches have been larger to provide a place of worship and meeting place for the people. To build it smaller, the structural integrity would be severely affected. The architect is present to dis- cuss the effects of reducing it to 25 feet. To reduce the height would cost additional because more concrete would be needed to re-inforce it. He then read a petition in favor of this request signed by 35 people living within 400 feet and submitted it to the Board. Mr. Patterson, the architect, then explained the plans. He pointed out the reason the 35 ft. height is very important because from the natural grade to the top of the truss is exactly 35 feet. The reason for the truss being high is for enforcing the structural part to cover the span of the church. The building would have the tendency to cave in or push out- ward without this height. Mr. Cassidy referred to what would happen if it was reduced to 25 feet and Mr. Patterson explained that it would require a different type of truss which would be quite costly. Mr. Cassidy referred to nobody in the area being affected by the additional height and Mr. Patterson added that the church will take up the entire block and on the north~ there are very few dwellings and none to the south. Mr. Zimmerman referred to there being auxiliary buildings to the south of the church and questioned the height of these buildings and Mr. Patterson replied they will meet the code and the only one in question is the sanctuary. Chairman Thompson referred to the steeple and Mr. Keehr explained this would come under a special exception to be granted by the City Council. Mr. Blum added that he spoke to the reverend on Sunday and was told if the steeple would hold this back, they could do without it. Mr. Cassidy clarified that they are primarily concerned with the roof height at this time. -2- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mr. Cassidy respectfully requested the Board to grant this additional height. He added when the height restrictions were imposed by the code, there were not any restrictions and a church could be buil~ anywhere. This church is needed in this area. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and the following came before the Board. Rev. Lee referred to the growth of Boynton Beach and stated they are desperately in need of this facility to keep up with the growth and development of our community. They have tried to meet all the City requirements in terms of parking, etc. and the land is adequate for the needs. There is no other facility in their community where they can meet to deal with social problems. Mrs. Artis clarified that the need for the additional 10 feet is to insure the sound structure of the building and Rev. Lee agreed this is correct. Chairman Thompson added that with the 25 feet height, the only thing which could be put on it would be a flat roof. Mr. Ron Patrick, 559 N. W. 9th Avenue, referred to the religious growth in the community and requested the Board to consider the beneficial things this will do. He sees no negative things which it could bring. Chairman Thompson ascertained nobody wanted to speak against this request and then asked Mr. Slavin to read the correspon- dence received. Mr. Slavin then read three letters in favor of this application from Flagship First National Bank, Katie Mae Wilson and Sally McRoy. He added that the petition sub- mitted contains 35 names having no objection to the granting of this variance. Chairman Thompson clarified that the purchase of this property is based on receiving this variance and Rev. Lee agreed this was correct. Chairman Thompson asked if they are prepared to move forward with construction at this time and Rev. Lee re- plied affirmatively. Mr. Zimmerman referred to this property formerly being zoned C-1 and presently being zoned R-2 and asked if this particu- lar zoning change occurred while this property was held by the present owner, who has owned it s~nce 1956 and Mr. Keehr replied affirmatively and added under the formerly zoned C-l, it permitted a height of 75 feet prior to 1975. -3- MINUTES - BOARD OF ADJUSTMENT AUGUST 25~ 1980 Chairman Thompson stated that he can understand the need. As Rev. Lee pointed out, the City of Boynton Beach projects 100,000 plus people within a few years. If the church is going to serve those who attend the church now and in the future, he cannot think of a better place to build it than where the people are. Mrs. Artis added that while taking the census in this same neighborhood, she found more than enough people to fill this church. Mr. Blum stated that he was very impressed when he was in the church on Sunday as to the way the services were conducted, the cleanliness, the amount of people, and he only wishes there were more people who would go to churches and synagogues and we would have less trouble in this world. For that reason, he approves. Mr. Ridolfi added that he was at the church last Sunday with Mr. Blum and it was very impressive. With his past experi- ence of building churches, when he was told 500 seats were planned, they need that height for the air to circulate. He is in favor of granting this variance in this particular case. Mr. DiSarli stated that he feels the same as Mr. Blum and is in favor. Chairman Thompson clarified that there is definitely the need. The hardship is not the doing of the City or County, but the need to expand to meet the present and future membership. We must establish a need to grant a variance and the growth places it in a needed position. Mr. Slavin stated at times, we must think with our hearts and not our heads and must get away from the book. In his opinion, there is a definite need here. This is for the betterment of man. We can bend the book a little bit and sees no reason not to grant this variance. The need is there to serve the community. Mrs. Artis clarified that there is a hardship in the structure of the building. Mr. Zimmerman added that there is another hardship with the change in zoning as when this was zoned C-l, there would have been no problem in constructing this struc- ture. Under the present zoning, there has been a hardship created. Mr. Ridolfi made a motion to grant this variance to St. John Missionary Baptist Church to proceed with 35 feet for the roof height. Mr. Blum seconded the motion. No discussion. As re- quested, Mrs. Kruse took a roll call vote on the motion as follows: -4- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mr. DiSarli - Yes Mrs, Artis - Yes Mr. Zimmerman - Yes Mr. Ridolfi - Yes Mr. Slavin - Yes Mr. Blum - Yes Mr. Thompson - Yes Motion carried 7-0. (Variance Granted,) Parcel ~2 - The South 100.7 feet of the East 100,0 feet of the West 200.0 feet of Lot 27, less the North 25,0 feet thereof for road right-of-way SAM BROWN JR.'S HYPOLUXO SUBDIVISION Recorded in Plat Book 1, Page 81 Palm Beach County Records Request - Relief from 9,000 sq, ft, lot area requirement to be reduced to 7,570 sq, ft. lot area for addition to single family dwelling for conversion to duplex Address - 536 N. E. 20th Avenue Applicant - Robert R. Orlando Mr. Slavin read the above application. Mr; Robert R. Orlando came before the Board and advised that he would like to convert his home to a duplex.. He explained that it would be for the purpose of having his daughter live there while her husband is away in the service. Mr. Slavin asked if by a duplex, he meant an addition to the present building on the same level or in height and Mr, Orlando in- formed him it would be added in length, Mr. Ridolfi clarified that this is a single family house which he intends to convert to a duplex and Mr. Orlando agreed and added there are duplexes all along this street. Mr. Zimmerman asked when he purchased this property and Mr. Orlando replied in June, 1979. Mr. Zimmerman asked if he owned the property when the zoning was changed from C-3 to R-3 and Mr. Orlando replied affirmatively, Mr.. Keehr clari- fied that the zoning was changed from C-3 to R-3 within the last six months. Chairman Thompson asked if 7,570 square feet would have been in violation in the C-3 zone and Mr. Keehr replied under the C-3 zoning, only one type of residen- tial structure is allowed and that is multiple family which would come under the criteria of R-3 zoning which requires certain land areas, etc. This particular area did not qualify for any additional unit. -5- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mr. Slavin read the uses permitted in the C-3 zone and Mr. Keehr clarified that 4,000 square feet is required per unit and this site has only 7,570 square feet; it qualifies for only one unit. Mr. Keehr clarified that under the old zon- ing, more than one residential unit could not be built on this property. A variance is needed because 4,000 square feet~is needed per unit. Mr. Zimmerman clarified that the rezoning to R-3 has not created a hardship and Mr. Keehr agreed and added with R-3 zoning, they have a little more flexibility for setbacks. Mr. Ridolfi Stated when he talked to Mr. Orlando last week, he was under the impression that he was just adding a room and it was still going to be a single family dwelling and Mr. Orlando clarified that he plans to add a room md with the other addition added previously, he would have the area for the added apartment plus room for his family. Chairman Thompson clarified that the proposed room is 16 x 24 feet and Mr. Orlando agreed and added that it would meet the set- backs. Also, there are only six homes on this block and they back to the railroad and all are duplexes. Mr. Zimmerman clarified that the lot was 1,430 square feet short of meeting the code and Mr. Orlando agreed this was correct. Chairman Thompson clarified that with adding a bathroom, kitchen, etc., it would still meet the code and Mr. Keehr replied affirmatively. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and Mr. Arthur Brown came before the Board and advised that he lives next door. He told about Mr. Orlando making improvements to this property since purchasing it and stated anything they do will be a further improvement. He has no objections to this addition. Chairman Thompson ascertained that nobody wanted to speak against granting this variance and also that no commUnica- tiOns had been received. Chairman Thompson clarified that the hardship stated was to build this dwelling unit for Mr. Orlando's married daughter and Mr. Orlando agreed and explained that his son-in-law is in the service and will be away for three years and they need a separate place for when he comes home on furlow and she won't have to be alone otherwise. Mr. Blum stated that he and Mr. Ridolfi spoke to about eight neighbors in this area and they all felt highly of Mr. Orlando and are in favor of having this built as it would improve the neighborhood. -6- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mrs. Artis stated that she does not understand the hardship. Mr. Zimmerman questioned how the~City enters into imposing a hardship and requested that it be clarified since the zon- ing change did not impose a hardship. Mr. Ridolfi clarified that according to what w$ have heard, the City has created no hardship. However, this man is trying to keep his family together and is ina section Where there are all duplexes. The home is very nice and the people seem to like Mr. Orlando. He even talked to the people living in the trailer park and they have no objections. He thinks consideration shoUld be given to family life. Mr. Zimmerman pointed out that the variance requested is for 1,430 square feet which is quite an amount and Mr. Ridolfi agreed, but advised there ii no way to buy additional land. Chairman Thompson clarified that it has been established that a hardship has not been created by the City. To convert a unit into a duplex here could possibly set a precedent with a homeowner wanting to a~d on to acquire additional income from a duplex. An addit%on could be built to this house without creating a separate unit. ~ Mr. Orlando stated that he is surrounded by duplexes and he would adhere to the setbacks. All the lots are the same size, but the other duplexes h~ve smaller setbacks. He wanted to convert ~his into a duplex to keep his daughter close. When his son-mn-law comes out of the service in a few years, what will he do with a large house? If it is a duplex, it could be rented. If he is stuc have to move as he couldn since this is for a blood just an addition to the h that he would have no use ter moves out. This is a k with a large addition, he would 't afford it. Mr. Zimmerman stated relative, she could live there with ouse and Mr. Orlando explained again for a larger house after his daugh- n area where there are duplexes all around and there have been no objectio, ns from the neighbors, This is an independent section by itself. It backs up to the railroad and a trailer pa~k. He is only considering the wel- fare of his daughter as they have only lived here one year and don't know many people. Chairman Thompson clarified that he wasn't being denied the right to build an additioi~, but a separate unit couldn't be created. A one room addi the home that much in ref. added that by denying thi the daughter the right to do so. Mrs. Artis clarif kion wouldn't increase the cost of ~rence to taxes. Mr. Zimmerman ~ variance, it would not be denying live there as she could continue to [ed that Mr. Orlando can add onto the house and not make a ~eparate unit and this would con- form and Mr. Keehr agreed this was correct. -7- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mr. Orlando stated if he adds on just one room, it is of no value. The units must be independently separate. If it is one big unit, there would be problems with sharing the cost of electricity, water, etc. The only favorable way to do it would be to subdivide it. Mrs. Artis stated the Board must determine whether the hard- ship is self-imposed. Mr. Orlando stated that he has a per- sonal hardship. He is disabled and on a fixed income and could not afford the cost of a larger home. If it is a duplex, he would have that income. Mrs. Barbara Orlando informed the Board that they applied for a permit to build a duplex. They were told this was allowed and took out a loan for the money to build. Now, they are stuck with the money and that is a hardship. Mr. Slavin questioned the statement of a variance or permit being granted and Mr. Keehr replied that he can neither deny or agree with that statement. It is possiblg they could have been misinformed in respect to a duplex. Regarding an addi- tion, permission could have always been granted for that. The problem here is separating and making two units. Mrs. Orlando told about her husband going to the Building De- partment three or four times per day asking questions about putting in wiring for a duplex, etc. They figured they had the right to put in a duplex and took out a loan for $22,000 to do this. It is a ten year loan and if her daughter leaves, they could not afford to pay back that loan. Having acquired this loan is the important part of this whole variance. Mr. Blum stated that he agrees it is a hardship as far as their daughter is concerned. However, she could remain living with them without two separate units. Mrs. Orlando stressed that they have taken out the loan and now must pay it back. If their daughter moves out after three years, it is very frightening for them and would be difficult to pay back. Mr. Zimmerman asked at what stage the loan was taken out and Mrs. Orlando replied after the plans were drawn by an archi- tect. Mr. Orlando added that he went to the Building Depart- ment, submitted the plans, applied for a permit and secured the loan. Two days later, he was called by the Building De- partment advising there was a problem since a duplex was not allowed. Mr. Blum referred to paying the loan back now and Chairman Thompson stated it is not the purpose of the Board to find a solution. -8- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 Mrs. Artis stated it must be clear whether the hardship is self-imposed and Mr. Orlando replied that sometimes the book has to be disregarded and the situation considered like in the previous application. He does have a problem. He is worried about his daughter. He does not have enough room for the whole family in the house. Mr. Ridolfi referred to all the lots being the same size and Mr. Keehr pointed out according to the zoning map, all the lots do look like they are the same size. Chairman Thompson commented that the structures were probably built before the change in code in 1975. Mr. Orlando added that they bought the property last year and were told it was duplex property. Mr. Ridolfi stated that he knows it is impossible to make a motion to grant this variance because there is no hardship created by any government body; therefore, he moves to deny this variance. Mr. Zimmerman seconded the motion. No dis- cussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mr. DiSarli - Yes Mrs. Artis - Yes Mr. Zimmerman - Yes Mr. Ridolfi - Aye Mr. Slavin - Aye Mr. Blum - Aye Mr. Thompson - Aye Motion carried 7-0. (Variance denied) At this time, Chairman Thompson acknowledged the presence of Councilmen Joe deLong and Marty Trauger in the audience. Chairman Thompson referred to addendums to the zoning book being distributed before the meeting and requested the mem- bers to insert these in the proper location in their books. MINUTES OF AUGUST 11, 1980 (Continued) Chairman Thompson gave the members five minutes to read the minutes. Mr. Zimmerman ascertained that none of the members wanted to reconsider their votes taken at the last meeting based on the letters read. Mr. Slavin moved to adopt the minu~es of the previous meeting, seconded by Mr. Blum. Under discussion, Chairman Thompson clarified that the communications read at the beginning of the meeting tonight applied to the cases heard at the previous meeting. Mr. Slavin clarified there were no corrections or changes of vote on any of the matters. Motion carried unanimously. -9- MINUTES - BOARD OF ADJUSTMENT AUGUST 25, 1980 ADJOURNMENT Mr. Zimmerman made a motion to adjourn, seconded by Mr.. Slavin. Motion carried 7-0 and the meeting was properly adjourned at 8:45 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -10- MEMORANDUM TO: Vernon L. Thompson, Jr., Chairman Board of Adjustment DATE: August 25, 1980 FROM: Tereesa Padgett City Clerk Please be advised that the attached letters were on hand prior to the lasf. meeting but due to a breakdown in communication were not read at ~Said meeting. Please review same and if any member voting on the prevailing side feels any request should be reconsidered then action should be taken at this meeting. Parcel ~1 - Lots 1 & 2 LEE MANOR ISLES (Boca Raton Federal) 1200 South Federal Highway A. Stewart P. Drummond, Jr. B. James E. Wurth C. Fred & Marjorie Hollub Parcel #2 - Bethesda Hospital E.1/2 of Lot 18 less E. 50' of N. 150' - Ac. 33-45-43 2815 South Seacrest Blvd. A. Robert & Dorothea Wiley B. Robert E. Brierly C. Dr. Frank Kucera D. Mrs. Laura Benson E. Dr. Robert Raborn F. James W. Metz, Jr. Parcel ~3 - Provident Missionary Baptist Church Lots 196 thru 201, CHERRY HILLS 1015 N.W. 4th Street NONE Parcel ~4- Selva Ganesh, M.D. Lot 15, COQUINA COVE 825 Ocean Inlet Drive A. John I. Avery TP:bb Stewart P. Drummond, Jr. 659 Castilla Lane Boynton Beach, FL 33435 July 31, 1980 Office of the City Clerk City of Boynton Beach P. ~0. Box 310 Boynton Beach, Fla. 33435 Re: Request for variance at LEE MANOR ISLES by J.~Ohn Federa.1 Savings & Loan Association G erst 1 emen: heldDUe tOAugustillneSS,ll, 1980oWe will be unable to attend the hearing to~ be This is to advise that we do not feel that this cb~unge is warranted because of the proximity of the building~ in euestion to residential areas._ Sincerely, mh We o~au Lot 17 of LEE ~ANOR ISLES.) FRANK E. KuCERA, M.D.F.A.C.S. PROFESSIONAL ASSOCIATION GENERAL & VASCULAR SURGERY 909 PALM TRAIL 22G'N.E. 8TH ST. (305) 272-1248 {305) 272-1~234- DELRAY BEACH, FLORIDA ~3444 PETER CIJE~AS, August 5, 1~80 City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Bethesda Ho,spitat's red,nest for a 2 foot variance of the Boy~t'o~m Beach zoning code building hei~ghth limit ~of 45 feet. Attention: Boar*~ of Adj~st~mmnts Dear Sirs: As the owner of the largest segment of impr~d property immediately north of Bethesda Memorial Hospital, I hm-_~e no objection to the zoning variance requested; in fact I feel it will e~nhance the appearance of the existing structure. As a physician practicing at Bethesda P~Spit~ll I am imminently aware of the critical need for increased patient beds ~during the winter season and also appreciate that vertical growth will ~serve badly needed parking space. Sincerely, FEK/we cc N. M. Weems Frank E. Kucera~,: M.D. FRED G. BENSON 2575 S. W. 2ncI St. Boynton Beach, :Florida 33435 ROBERT E. RABORN, M.D., F.A.C.P. J.L. STYPEREK, M.D. PROFESSIONAL ASSOCIATION INTERNAL MEDICINE & CARDIOLOGY DE[.RAY MEDICAL ARTS BUItDING · 1177 N.E. EIGHTH STREET · DELR~¥ ~EACH. FLORti~I~33444 August 4, 1950 City Clerk City of Boynton Beach. P.O. Box 310 Boynton Beach, Fla. Attn: Board Of Adjustments Dear Sirs: I am a property owner adjacent to the Bethesda ~emorial ~os- pital and I support the request that a height variance be permitted because of the need for hospital expansion. Sincerely~, RER:mm CC' M. Weems, M.D, Chairman, Board of Commissioners Bethesda Mem, Hospital Lake Wor~; 'Florida[ ~ P;O~ Box 3787 Bo ~a of Ad3us~ment ~ii~iii?'i[~ City~of 'B°y~tq~:Beach ' '- P.O. Box 31.0 . . Flor ida ~ never:.~ha~ g~neral'mak~ap . codes'-a~e pa, s~'ed., for _the:~ best?interea2· ~E the rules ~.for the:~benefit Of., the,'maj'~i~y-~ P.O. Box 122 Georges Mills, N.H. 03751 August l, 1980 '' h City of BoyntonBeac 120 N.E. Second Avenue Boynton Beach, Florida Attention: Tereesa Padgett City Clerk Dea~Ms. Padgett~ This letter is to Voice my objectiom~to th~ con~tructt~m of a~second story addition by Selva Canesh, M.Do as out- lined in~ you~ Notice of Public Hea=ing~~ letter dated J~1~'25, 1980. I am totally against the const~uctiom for two First, it would cut off my vie~ and seCOnd~vbecause feel it 'would affect the air cLrculaiiom a~oumd my home. P~esently there are no two sto~y b~ildlngs in the a~ea and I feel very strongly against s~uch b~tldtngs- Yours truly,