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Minutes 09-10-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 10, 1979 AT 7:80 P.M. PRESENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary Serge Pizzi Ben Ridolfi Paul Slavin Carl Zimmerman E. E. Howell, Bldg. Official ABSENT George Ampol, Vice Chairman (Excused) Marilyn Czufin, Alternate (Excused) Chairman Thompson called the meeting to order at 7:00 P.M. He referred to this being the first regular meeting of the month and advised a meeting is scheduled on the fourth Monday of this month also. He introduced the Building Official, members of the Board and Recording Secretary. He announced that Mr. Zimmerman has been moved to a regular member on the Board in p~aee of Mr. Bauer. He added that Mr. Ampol is excused because of illness and Mrs. Czufin requested to be excused because she is out of town. MINUTES OF AUGUST 27, 1979 Mr. Slavin moved the minutes be approved as presented, seconded by Mr. Ridolfi. Motion carried 5-0 with Mr. Zimmerman abstaining because he was not present. PUBLIC HEARING Parcel ~1 - Lot 50, High Point Recorded in Plat Book 23, Page 225 Palm Beach County Records Request - Relief from 7'6" side setback requirement to 3~ side setback for screen enclosure around pool. Address - 207 S. E. 25th Avenue Applicant - Orville A. & Eva E. Kroeck Mr. Gordon read the above application. He also read a letter from Mrs. Kroeck noting the reason for the variance is: "So my father (86 years old) who lives with us man walk around the pool. He has had a stroke and uses a walker. He likes to exercise by walking around the pool and without the variance the walk on the east side of the pool is too narrow for the walker. He spends most of his time walking and sitting out in the enclosed area. The screening is essential to his comfort as it allows us to leave the door open from the house to the pool area making it possible for him to go in and out 'without much assistance."' MINUTES - BOARD OF ADJUSTMENT SEPTEMBER t0, !979 Mr. Gordon also read a notarized letter of authorization from Mr. & Mrs. Kroeck for Mr. J. White to be their representative. Mr. J. White, Owner of J. White Aluminum Products, Inc., came be{6re the Board. Mr. Gordon referred to nobody living in this residence at the present time and Mr. White agreed and explained the new addition and pool were built and the screen enclosure in- stalled because Mr. & Mrs. Kroeck will be moving here permanently with her father around October 15. Mr. Pizzi referred to the screen enclosure already being installed and Mr. White agreed and advised it is 3'4'T from the property line. Mr. Pizzi asked if he had knowledge about the need for a variance for this installation and Mr. White replied affirmatively~and explained that he advised Mr. & Mrs. Kroeck of this, but they gave him a letter of authoriza- tion to go ahead with the installation without a permit. Mr. Howell added that a letter regarding this has been sent to Mr. White from the Building Department and the Licensing Department has been notified. Chairman Thompson clarified that a permit was not issued and Mr. White agreed. Mr. Pizzi referred to Mr. White having been in business for a number of years and stated he was surprised about this happening, but he does not think the appli- cants sho'uld be held responsible. Mr. White stated the applicants were fully aware of what was going on. Mr. Howell clarified that the owner and contractor are both responsible in an instance like this. It is the owner's responsibility to get a contractor and the contractor was wrong to get a letter to do this. Mr. White stated the owner was fully aware of what was going on and they chose to do it this way. Mr. Zimmerman asked when the screen enclosure was built and Mr. White replied approximately 'around April ~8. Mr. Howell advised that it came to the attention of the Building Department in July when the field inspector noted it and a letter was written at that time. Chairman Thompson referred to the screen enclosure being needed so the father could use a walker enabling him to walk around the pool and stated with a screen enclosure, room is taken away. The additional 3'4" could have been paved and there would be more room. Mr. White informed him that it is harder for a person to get in and out ~of a glass sliding door with it not being opened. Mr. Slavin referred to an addition being built for the father and asked if those plans were in order and Mr. Howell replied affirma- tively and also the plans for the pool were approved. Mr. Slavin asked if a pool required an enclosure and Mr. Howell replied that a fence is required, which they have. Mr. Slavin clarified that the purpose of the screen was to keep out bugs. Mr. Slavin stated the screen enclosure was put up on their own and Mr. Howell agreed and stated everything was legal up to that point. -2- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 10, 1979 Mr. Slavin referred to the screen enclosure preventing the father from falling into the pool and Mr. Howell informed him the screen enclosure would be on the outside. Mr. Slavin referred to the fence preventing the father from falling into the pool and Mr. Howell informed him the ordinance requires a fence at the property line to keep small children from falling into the pool, but some- one in the home would be inside the fence, the same as inside of a screen enclosure. Mr. Pizzi referred to the screen closing in one section and Mr. White agreed and advised there is 56 lin. feet of screening within 3~f of the propertyline. Mr. Ridolfi asked if the fence is within the legal boundaries and Mr. Hewell replied affirmatively. Mr. Ridolfi asked if it 'would be too much of a problem to cut this back to what is allowed and Mr. Howell replied the zoning ordinance requires any structure to be within the setback and a screen enclosure is a structure. Mr. Ridolfi asked if the fence was accepted by the City in its present location and Mr. Howell replied affirmatively. Mr. Zimmerman asked if there was room to move the fence further west and Mr. White replied negatively as there would not be room to walk around the pool. Chairman Thompson referred to the owners signing a statement 'allow- ing the screen enclosure to be built and Mr. White agreed and ad- vised that he has a copy. He was not willing to do it, but the owners were fully aware of the circumstances and wrote a letter stating this. Mr. Pizzi asked if the owners were afraid of the expense involved or the possibility of being turned down.and Mr. White replied negatively. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance and Ms. Elizabeth Woodard, 203 S. E~ 25th Avenue, came before the Board. She advised her house is located just to the west of this property. She referred to there being a utility shed right on the property line to the east of Mr. L Mrs. Kroeck's property and stated it would seem if this screen enclosure has to ~o down~ then the utility shed on the other side would have to go down. Mr. Howell explained the regulations for utility sheds and advised this one would be checked. Mr. P~zzi asked if she felt the screen enclosure would be very beneficial for Mrs. Kroeck's father and Mrs. Woodard replied affirmatively as he has suffered a series of strokes She told about the father vis,ting several months ago and spending a lot of time out around the pool which would not be possible during the buggy season. Chairman Thompson asked if anyone wanted to speak in opposition to granting this variance and received no response. He asked if any communications had been received and Mrs. Kruse responded negatively. Mr. Slavin asked if all the neighbors had been noti- fied and Chairman Thompson replied affirmatively. Mr. Gordon asked if Mrs. Kroeck's father used the walker at all times and Mrs. Woodard told about him using it about half the time. -3- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 10, 1979 Chairman Thompson then opened the floor for discussion by the Board members. Mr. Pizzi stated he didn't think the Board approves of the method in which this improvement was done. However, since the father is in his reclining years and can enjoy the patio and screen enclo- -sure, he would be willing to forgive and forget. Mr. Slavin referred to seeing things with our hearts and not our he~ds, but questioned why they didn't-apply for a variance instead of telling the contractor to go ahead2 Mr. Whiteiinformed him that Mr. $ Mrs. Kroeck have been in residence in Ohio and it would be difficult for them to come before the Board. They have come down for short visits and now are planning to move here perman~e~ly. They have had a lot to do with the additional construction. Mr. Slavin clarified there has been a direct violation and he doesn't say the request isn't justified, but he questions the method used to achieve it. There has ~een a lack of respect for the law. The proper channels must be followed. Chairman Thompsonadded that he thinks principle is involved here - for a person to sign a statement giving an okay to something which is wrong. Also, he does not see a hardship. He agrees it could be a hardship for the father, but he doesn~t live there now. Mr. White informed him that they are going to become permanent resi- dents next month and are remodeling the home for the father to live with them. Chairman Thompson replied that the proper chan- nels must be followed. He does believe if it was a health matter and they came before the Board properly, he thinks it would have been granted, but to assume and go ahead is another question. Mr. Gordon referred to authorization being given to Mr. White to appear before the Board tonight and questioned what prevented this same authorization being given in April and Mr. White replied there was nothing. Mr. Gordon clarffied that there is no excuse and they have made short visits. Mr. Slavin referred to authorization being given to Mr. White in the letter dated July '30 and stated if this was not discovered by the building inspector, this would not have been done. He summarized the case that there is a man 'who is in his 80's, has suffered a stroke, seems to be rehabilitating, his daughter built an addition for him and he walks around with a walker at times. This is all done on their ownproperty. The screen enclosure just cramps them more. If we can give the man extra time to enjoy what he has left of his life, he sees no harm The only thing he didn't like is the method they approached to achieve this. Ail this could have been accomplished prior to installing the screen enclosure. -4- MINUTES - BOARD OF ADJUSTMENT SEPTEMBER t0, 1979 MT. Pizzi stated if this vamiance is not gmanted, the scmeen enclo- sume must be taken down and MT. Slaving agmeed and added they could not me-apply unless they go thmought the courts~ Mm. Zimmemman mefermed to all this sOunding good~ but stated there ate a great numbem of eldemly people using pools without ~scmeen enclosumes in Boynton Beach. Th'eme is an alternative this man can enjoy 'the pool without 'scmeening. Chaimman Thompson agmeed and stated he did not see where the scmeen helps. Mr. Pizzi mefemmed to the bugs being a problem and Chairman Thompson meplied that we must keep in mind theme must be a hardship imposed by the City and not be self-imposed. He thinks if this had been brought to th'e attention of the Board and a vamianee mequested in Apmil~ it would have been different. Theme is a wooden fence at least 6-8 feet all amound~ so the scmeen is not for protection fmom outsidems. Mm. Pizzi mefemmed to the law being bmoken, but-stated it may have been caused by the pmessume of living out of state and getting ready to make the move with all the impmovements. Maybe theme weme thoughts this would be a shomtcut, but it is a seveme penalty to undo all that has been done. He is sume they get penalized fop not taking out ~a permit. Chaimman Thompson meplied that we cannot look at it in temms of dollams. He told about pomtion of homes being town down because they were built in the setbacks without pemmits. Mr. Pizzi continued that the ownems did confomm with the lamger improvements. MT. Zi~memman mefemred to the City Council pmesently consideming a Code Enforcement Boamd and stated the City ~is aware some of these things exist. Howevem~ we have the responsibility to eon- sidem these cimcumstances until this Boamd is fommed. We have the duty to see the code is enfomced unless theme is a definite hamdship. Theme is an alternative and it will not take the man's life away. M~. Ridolfi stated these people f~om out of state just 'took it upon themselves to do this. They got MT. White to build it and he is sumpmised MT. White did not insist upon having a heating befome building it. He hates to see this tumned down, but it should not be done again. If theme is anything in violation, it-should be commected befome stamting. He doesn't like the idea of teaming it down~ but doesn't like outsidems coming in and telling us what they ate going to do. Mm. Pizzi added that MT. g Mrs. Kmoeck bought the home in 1965 and Mr. White did not try to hide anything. Mm. Howell advised this type of violation will he dealt with quite sternly~aftem Octobem 1. MT. PiZzi refemmed to theme being quite a few violations when the seawalls weme built in Leisumeville, but told about none of them evem ~being torn down. Chairman Thompson meplied that each case i;s based on its own merits. Mr. Pizzi stated the penalty should be considemed also. MINUTES - BOARD OF ADJUSTMENT SEPTEMBER 10, 1979 Mr. Ridolfi stated as long 'as it is all dome and the people are mot complaining and it is neat, he makes a motion we accept things as they are. Chairman Thompson clarified the motion was to grant the variance. Mr. Pizzi seconded the motion. Chairman Thompson stated before asking for a roll call~ he would like to inform Mr. White that at least five votes in favor are needed to grant the variance. As requested, Mrs. Kruse then took a roll call vote on the motion as follows: Mr. Pizzi - Yes Mr. Zimmerman- No Mr. Ridolfi - Yes Mr. Slavin - Yes Mr. Gordon - No Mr. Thompson - No Motion denied with a vote of 3-3. OTHER Chairman Thompson referred to the members complying with the finan- cial statement and Mr. Gordon replied that he did not receive a form and Mr. Ridolfi added that he lost his. Chairman Thompson informed them that forms are available in the City Clerk's office. Mr. Howell complimented the Board on the decision made tonight and the matter in which the facts were considered. Mr. Slavin referred to the nature of the petition scheduled for the next meeting and made a motion to reqqest the City Attorney, Mr. James Vance, to be present at our meeting of September 24. Mr. Zimmerman seconded the motion. Chairman Thompson asked Mrs. Kruse to make this request to Mr. Vance in the form of a separate memo. Motion carried 6-0. ADJOURNMENT Mr. Slavin moved to adjourn, seconded by Mr. Zimmerman. Motion carried 6-0 and the meeting was properly adjourned at 7:40 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape) -6- NOTICE NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJI/STMENT of the CiTY. OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and pursuant to the provisions of the zoning code of said City: Parcel ~1 - Lot 50, High Point Recorded in Plat Book 23, Page 225 Palm Beach COunty Records Request Address - Relief from 7'~6~' side setback requirement to 3' side setback for screen enclosure around pool. - 207 S. E. 25th Avenue Applicant - Orville A~ g Eva E. Kroeck A PHBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday~ September 10, 1979 at 7:00 P. M. All interested parties are notified to appear at said hearing in person or by attorney and be heard. BOARD OF ADJUSTMENT CITY ~OF BOYNTON BEA~{ trdBLISH: PALM BEACH POST-TIMES August 25 and September 1, 1979 FOLD City AttoPney R~quest fop you~ attendance at Board OFFICE OF CiTY CLERK C;TY OF BOYNTON BEACH P. O. BOX 310 BOYNTON BEACH, FLA. 33435 °f~ Adjustment As you wil3 note in the 9/!0 79 ' ' by motion unanir,:~)u$1y ues~ . ~nutes, the ~ of ~ legal oOU~ei a~ rheim -~ ~=~ rnem ~ gi~ 7:~0 P. ~. ~en the G. ~ext m~ on ~ ..... fora co--ideation. ~ ~ u~ Dexo~. th~ PLEASE REPLY TO-'-------l~ REPLY -SIGNED-- SIGNED DETACH THiS COPY'~,RETA~.~.j FOR ANSWER. SEND WNI~fE AND PiNK