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Minutes 02-11-80MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 11, 1980 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Theodore Blum Ben Ridolfi Lillian Artis, Alternate Anthony DiSarli, Alternate Bert Keehr, Deputy Bldg. Official ABSENT Marilyn Czufin (Excused) Paul Slavin (Excused) Chairman Thompson called the meeting to order at 7:01 P.M. He introduced the members of the Board, Deputy Building Official and Recording Secretary. He explained the purpose of the Board and voting procedure. He told about Mrs. Czufin and Mr. Slavin not being able to attend and noted their ab- sences as excused. MINUTES OF JANUARY 28, 1980 Mr. Gordon stated that he has gone over the minutes a couple times and finds no errors or omissions. He moves that the minutes be accepted as received, seconded by Mr. Zimmerman. Motion carried 7-0. PUBLIC HEARING Parcel #1 - Lot 24, Seaway Terrace Recorded in Plat Book 23, Page 127 Palm Beach County Records Request - Relief from 75 ft. lot frontage requirement to 71.35 ft. lot frontage to construct duplex resi- dence Address - 315 S. E. 21st Avenue Applicant - John & Louise Pagliarulo Mr. Gordon read the above application and'the reason noted for this request that this is an end street lot abutting the railroad and the property does have the required square footage. The property is located in the area of the duplex project of Seaway Villas. MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Mr. John Pagliarulo, 3546 South Lake Drive, advised that he owns this property and it is duplex zoned. This lot is tied in with the Seaway Villas Association as a duplex lot. It will have the rights and privileges of the association with recrea- tion facilities, etc. He thought it would be good to have this part of the development because it was formerly part of it. It is duplex zoned and really not that much under the frontage requirement. It does have more square footage than required. It abuts the railroad. Mr. Blum referred to visiting the site and the road ending at the house west of this property and asked if the road was going to be extended to the railroad and Mr. Pagliarulo re- plied that the developers of Seaway Villas opened this road for work on their project and he believes it is part of their project. It is being used for construction site work. He believes when'the project is finished, it will be resurfaced and completed. Mr. Blum questioned where the cars would go to this new house and Mr. Pagliarulo informed him that this property fronts on S. E. 21st Avenue and there would be pro- per ingress and egress to the property. ChairmaniThompson asked if Mr. Keehr had any information on this street and Mr. Keehr replied that the builder will not be required to construct the remainder of this street to occupy %his home, but it is expected the access will probably be a Shell rock situation. Mrs. Artis asked if this was being built to be rented and Mr. Pagliarulo replied negatively, but it will be owner occupied. Mrs. Artis clarified that he was building it to sell and Mr. Pagliarulo agreed. Mr. Ridolfi asked where the parking area would be located and Mr. Pagliarulo replied it would be in the front. Mr. Ridolfi asked if he meant on the 30' frontage and Mr. Pagliarulo informed him the house will be set back further than normal to maintain the proper parking area. It will meet City requirements. Mr. Ridolfi asked if it would accommodate four cars and Mr. Pagliarulo replied aiffirma- tively. Mr. Zimmerman questioned where the party wall will extend, which is part of the agreement of the restrictions imposed on the place and Mr. Keehr clarified that this is the fire separation wall which will be down the center of the two units. -2- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Chairman Thompson asked if anyone wanted to speak in favor of the granting of this variance and Mrs. Isabelle Perry came before the Board. She advised that her home is located next to this lot. S. E. 21st Avenue is not a thru street and ends at the railroad tracks with the paved road ending at the end of her lot. There is nothing there but sand cont~inuing to the railroad tracks. At least every other day, someone is stuck in the sand. If a road is not put in, it doesn't seem feasible that a duplex should be built with having parking for four cars. Also, she questions which direction the duplex is going to be built and referred to the l~t being narrow and explained that if it is built to face the street, it will be against the railroad tracks and her house. She referred back again to the road and stated that it is muddy when it rains. She told about it being used for construction traffic now and how this was a mess with sand, rubbish, etc. blowing all over. If this can be built to the rear of the lot with more access, it would be better. Also, this lot is within 2'0' of the railroad and when the freight train goes through at 4:00 A.M., everyone gets out of bed. Possibly a single family residence could be built. She knows it is supposed to tie in with Seaway Villas, but it is too close to the railroad tracks and has no road. She does not know how agreeable this is going to be. Chairman Thompson pointed out that according to the survey, there is 50' from the property line to the railroad and Mrs. Perry replied that it will still be bad. Chairman Thompson added that it will meet the setback requirements. Mrs. Perry asked if the duplex would be of a sufficient size and Chairman Thompson estimated it would be approximately 85' across the front since it will be set back to the wider portion of the lot. Mr. Keehr added that according to the plan submitted, the units will be approximately 1,500 square feet and the requirement is 750 square feet, so it will be twice the size of what is required. Also, the road would have to be shell rock for easy access and the parking areas would have to be paved. The side setback of 10 feet is 2½ feet more than the single family requirement. Chairman Thompson ascertained nobody else wanted to speak in favor of granting this variance. Mr. Gordon read a letter received from Mrs. Eleanor M. Preiditsch noting no objection to this request. Chairman Thompson ascertained nobody wanted to speak against the granting of this variance. Mr. Gordon then read a letter from Mrs. Ellis D'Avolio, 305 S.E. 21st Avenue, and one from Mrs. Isabelle Perry, 309 S.E. 21st Avenue, in oppo- sition to this request. -3- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Chairman Thompson entertained discussion among the members of the Board. Mr. R±dolfi referred to the sketch submitted and pointed out that the southeast corner will be 10 feet from the railroad tracks and Mr. Keehr clarified that it will be 10 feet from the property line and the railroad tracks are at least 50 feet away. There is a 100 ft. railroad easement with the tracks in the center. It will actually He 60 feet from the tracks. Mr. Ridolfi asked if the house Will be built as Shown on the survey and Mr. Keehr replie~ that it could be changed somewhat because it is set back further than required, but it is setting very well and wiill probably remain as shown for the final construction. Mr. Blum referred to new duplexes being built to the north of this property and stated he thinks this duplex will enhance the area. He thinks something new and different is needed in this area. He is in favor of this request. Chairman Thompson stated the one thing concerning the Board is whether we are going to allow for the 3.65 feet. The noise which is made by the passing trains is not a concern. The lot has more than the required square footage and the duplex will be a larger size than required. There i's plenty of space but the frontage is short. Mr. Zimmerman referred to this lot being purchased in January 1R80 and stated he is sure the owner was aware of the frontage then. It has been known for people to buy property like this and sell it after getting a variance. Possibly we should con- sider this variance with a time limitation as to when the con- struction should be started. Mr. Gordon asked if he was building this to live in himself and Mr. Pagliarulo replied negatively. Mr. Blum asked how many homes he was building in this area and Mr. Pag~ulo replied he was just building this one. Mr. Blum questioned what the buildings are to the north and Mr. Pagliarulo in- formed him that this is the Seaway Villas project, Mr. Zimmerman clarified that this lot was included in the Seaway Villas project, but was sold separately. It will be an advantage to have this covered by the deed restrictions and covenants. To have this occupied completes the project. However, he still thinks construction should be started within a year or the variance be negated. Chairman Thompson agreed it would be best to have this lot occupied. He does not think too many home owners would buy it, but making it a part of the development is preferable. -4- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Mr. Ridolfi made a motion to grant this variance, seconded by Mr. Blum. Mr. Gordon submitted an addition to this motion to stipulate that this house be built by the par~with no inten- tions of selling the bare lot. Mr. Ridolfi and Mr. Blum ac- cepted this as part of the motion. No discussion. As re- quested, Mrs. Kruse took a roll call vote on the motion and the motion carried 7-0 with all voting in favor. Parcel ~2 - The South 40 feet of Lot 9, and the North 20 feet of Lot 8, Block D, Hathaway Park Recorded in Plat Book 13, Page 17 Palm Beach County Records Request - Relief from 6,000 square feet lot area requirement to be reduced to 5,932 square feet to construct single family residence Address - 715 S. E. 3rd Street Applicant - Mr. & Mrs. Robert B. Holm Mr. Gordon read the above application and the reason requested because there is no additional property available. Mr. Robert B. Holm, 120 S.E. 2nd Avenue, informed the Board that he has rented for the past two years and would now like to build a home. Mr. Ridolfi clarified that he planned to build a house on this lot to live in himself and Mr. Holm agreed. Chairman Thompson clarified that all the setbacks will be met if this is granted and Mr. Keehr agreed and added that this is zoned R-2 for a duplex but when building a single home, the R-1 requirements will be followed. Mr. Gordon referred to the lot just being purchased a couple months ago and Mr. Holm agreed this was correct. Mr. Bob Constant, Commercial Associates, explained that when Mr. Holm purchased this property, it was represented to be 60 x 100 feet, a conforming lot. However, when a survey was made, we were surprised to find a few square feet were missing. They were not aware of this when making the sale. Mrs. Artis questioned what no additional property being available meant and Mr. Holm informed her there are homes on both sides and this lot backs up to the railroad with no way to acquire additional property. -5- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Mr. Ridolfi referred to visiting the p~operty and advised that he talked to three families and all seem to agree if a house is built, it will be 100% better. It is the only empty lot in the area. Building a home on this lot will be an improvement. It is impossible to buy additional land. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and the following came be- fore the Board. Mr. A. P. Young, 707 S.E. 3rd Street, advised that this property is immediately south of where he lives. He has no objections whatsoever of a house being built. He then submitted a peti- tion signed by a number of property owners in the immediate area approving the building of a residence on this lot. Mr. Blum commented that the party living on the right of this lot was very happy to see plans for a house being built because the lot has been used for discarding junk. The neighbors feel if this is built, it will do something for the neighborhood. Mrs. Bruce Strnad, 808 S.E. 3rd Street, stated it would be very nice to have a house built on this lot and she is in favor of it. It has been used as a junk area. It would help the neighborhood a lot. When they sell within the next couple years, it will help their land value increase. She is in favor of this request. Chairman Thompson ascertained there were no further speakers in favor and then requested those in opposition to come for- ward. Mr. Edward Mathes, 719 S.E. 3rd Street, referred to the frontage not being 60 feet and told about when it was being surveyed, the stakes were placed in the middle of his drive- way to get the 60 feet frontage. Chairman Thompson informed him a survey was submitted by O'Brien, Suiter & O'Brien which shows the frontage to be 60 feet. Mr. Mathes stated there is 60 feet in the rear, but no5 in the front. He owns the south 30 feet of Lot 8 and the north 30 feet of Lot 7. Mr. Gordon asked if the final survey was measured from the stake in his driveway and Mr. Mathes replied that they finally took the stake out of his driveway, but there is a marker in the street. Mr. Ridolfi told about seeing ~wo stakes when he visited the property. Mr. Mathes clarified that he has no objections as long as the setbacks meet the requirements. -6- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Mr. Keehr referred to this area being platted many years ago and stated he would have to say the certified survey of this lot should be accurate. There is 60 feet left here for sale according to the legal descriptions around it. An additional survey will be required when the foundation of the house is poured. It will be checked again during construction. Mr. Zimmerman stated according to the plat, the lots were originally platted as 50' lots and Mr. Mathes agreed, but advised they were split up into 60' lots. Mr. Zimmerman clarified that sin~Mr. Mathes has 30' of Lot 8, that leaves 20' for Mr. Holm and that is what he is claiming. Chairman Thompson ascertained there were no further comments from the audience and no correspondence had been received. He opened discussion for the Board members. Mr. Thompson commented that if he was a home owner in this area, he certainly would want a single family home built in- stead of a duplex as it is zoned for. If a duplex was built, it would be the only one in the area. Mr. Keehr agreed that it is zoned for a duplex, but advised a variance would be re- quired. Chairman Thompson added that this lot is landlocked. Mr. Gordon added that he thinks this will be an asset to this location and thinks it is a hardship inasmuch as it~'is land- locked. Mr. Zimmerman moved to grant this variance with the same stip- ulation that it be for this owner only. Mr. Blum seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion and the motion carried 7-0 with all members voting in favor. Parcel #3 The South 5 feet of Lot 6 and all of Lots 7 and 8, less the East 17 feet thereof, Block 1, Lake Addition to Boynton Beach Recorded in Plat Book 11, Page 71, Palm Beach County Records Request - Relief from 10~ ft. lot depth re- quirement to 82 feet lot depth to construct commercial business in accordance with C-4 zoning require- ments Address - 915 North Federal Highway Applicant - Donald C. Walker, Agent for Frank and Louise Strazzula -7- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Mr. Gordon read the above application and the reason for this request noting the property in this area all suffers this pro- blem and is unusable without a variance. He also read a letter from Frank and Louise Strazzulla designating Donald C. Walker as their agent to represent their interest in this petition. Mr. Donald C. Walker, 251 Royal Palm Way, Palm B~ach, in- formed the Board there is a contract purchaser for this pro- perty. As stated in the petition, it is unusable:unless a variance is granted because the frontage has been taken for U. S. 1. The railroad is in the rear and it cannot be ex- tended deeper. The contract purchasers are ready to pull a building permit within 30 days of approval. To the north is a fairly new structure occupied by Meineke Mufflers and it is his understanding they had the same problem and went through the same procedure and obtained a variance. This will meet or exceed all the other requirements of the C-4 zone. The only area which is deficient is the depth which resulted by taking frontage for the highway. Mr. Ridolfi questioned wh~ type of building was planned and Mr. Walker informed him it would be a one story CBS. Mr. Ridolfi asked if it would be a store and Mr. Walker replied it would be retail automobile parts. Mr. Ridolfi questioned the location of the parking and Mr. Walker informed him it would be on the north side and will meet the code requirements. Mr. Blum referred to the location of the driveways entering the other two stores in this area possibly conflicting and Mr. Walker informed him the building will be on the south side of the lot and the location of the driveway will be as required. Mr. Gordon asked how much footage was taken for the highway and Mr. Keehr informed him that 18 feet was taken and added that actually the hardship was imposed by the state. He added that the zoning was changed in 1975 and there is a possibility this may have changed the lot to non-conforming. Mr. Blum asked if parking would be allowed along U. S. 1 and Mr. Keehr replied affirmatively, but explained that it could not be included in the parking calculation. Mr. Zimmerman asked if the purchasers were ready to start construction fairly soon and Mr. Walker replied affirma- tively. Mr. Zimmerman suggested possibly including in any motion to grant this that it be for the duration of possibly one year. He thinks it is an important stipulation for com- mercial property. Mr. Walker stated this would create no problem as they are ready to move forward. -8- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 Chairman Thompson ascertained that nobody wanted to speak in regards to this request and no communications had been re- ceived. He opened discussion to the Board members. Mr. Ridolfi commented that he doesn't think there are too many questions on this because it is going to be commercial. Everything in the area is commercial and this will complete the area. Mr. Gordon added that it is a hardship,. Chairman Thompson agreed and added that Meineke Mufflers d~d have to obtain a variance for the same thing. Mr. Gordon made a motion that this variance be granted and Frank and Louis Strazzula use this variance for the building they applied for. Mr. Walker clarified that Mr. & Mrs. Strazzula are actually selling the property. They can live with the one year stipulation, but this property will be sold to the purchasers as explained. Mr. & Mrs. Strazzula have a contract purchaser for the property. The buyers will build the building he described. Mr. Gordon asked who it was being sold to and Mr. Walker replied to a construction company who will build the building. Mr. Gordon asked if the construc- tion company will own the building and Mr. Walker replied affirmatively. Chairman Thompson ascertained there was no second to the motion. Mr. Zimmerman suggested solving the problem of this possibly being a speculation deal by putting a year's limit on it. Chairman Thompson clarified that the present owners will transfer the property to the new owners, which is the con- struction company. Mr. Walker advised that it is Overland Construction Company. Mr. Bob Constant, Commercial Associates, informed the Board he was also involved in this transaction and the purchasers have the right to examine this contract. They are not sure exactly how they will take title to it. If the variance is restricted to one name, it may cause a technical problem on closing. Mr. Walker added that the contract purchaser on the contract is Phil Marlesi and they are entering ah agree- ment to assign construction to Overland Construction Company, who will build the building and lease it to Philmar ~uto Parts. Attaching a name to the variance may create s pro- blem. The contract purchase has to be closed in 30 ~ays. Mr. Keehr added this is not an unusual situation where the contractor purchases and leases. Mr. Gordon moved that this variance be granted and a building be erected within a period of one year. Mr. Zimmerman seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0 with all members voting in favor. -9- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 11, 1980 GENERAL DISCUSSION Mr. Gordon referred to the surveys submitted not having an embossed seal and asked if they ~re valid, and Mr. Keehr in- formed him that the original submitted does have a seal, but it does not show up with the copy. Mr. Ridolfi questioned the progress being made with Holiday Inn and Mr. Keehr informed him that it is proceeding and discussion about this followed together with plans for the mall construction. ADJOURNMENT Mr. Gordon made a motion to adjourn, secOnded by Mr. Zimmerman. Motion carried 7-0 and the meeting was properly' adjourned at 8:20 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -10-