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Minutes 08-13-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CONFERENCE ROOM, BUILDING DEPARTMENT, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 13th, 1979 at 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George J. Ampol, Vice Chairman Benjamin Ridolfi Paul Slavin Serge Pizzi Marilyn Czufin, Alternate Carl Zimmerman, Alternate Bert Keehr, Asst. Bldg. Official ABSENT Robert Gordon, Secretary Frank C. Bauer Suzanne M. Kruse, Recording Secretary Meeting necessitated change of location, due to the unavailability of key to gain entrance into City Hall. .Chairman Thompson called the meeting to order at 7:00 P.M., and introduced the members of the Board, and the Assistant Building Official. MINUTES OF JUNE 25th, 1979 .Mr. Slavin made reference to Page 3, in that wording should have read perused, rather than'~ursued~' Mr. Slavin moved the minutes be adopted as corrected, seconded by Mr. Ampol. PUBLIC HEARING Chairman Thompson announced the purpose of this Board is to decide on variances that may occur between the applicant and the City and in cases where a hardship has been placed on the property or where the City has made changes. The Board must hear the case and make a decision and the only recourse is the courts. Parcel ~1 - Lot 14 & 15, Central Park Recorded in Plat Book 12, Page 12 Palm Beach County Records Request - Relief from Section 4 - J (1) Maximum height of fence or wall in front set back is 4'.(Req. 6') Address - 1321 Soutk East 3rd Street Applicant - V. J. Romano Mr. Carl Zimmerman read the above application and stated that a variance is reauested and Mr. Thompson asked if anyone present would speak in behalf of the applicant. MINUTES - BOARD OF ADJUSTMENT August 13th, 1979 Mr. Romano addressed the members of the Board at this time, and stated that he had entered into a contract with a fence contractor who had secured a permit with the Building Department. Nearing the completion of construction, a "stop work" order was issued. As such, this was the reason why this variance had been requested. Mr. Keehr then made the statement that there was indeed a permit obtained, and that the plans did not stipulate that this fence could be only four foot (4') high in the front set-back. However, it is the responsibility of the contractor to have knowledge of the zoning laws pertinent to allowable heights in all areas. There was much discussion between Board members and Mr. Romano, relative to location, which is at the end of a dead-end street. Accordingly, the height of the fence does no~ create a traffic hazard and the immediate neighbors do not have any objections to this fence. The General Manager of Gulf Stream Lumber was present and stated his approval of this fence. ' Mrs. Romano stated that the six foot (6') fence would afford privacy for the front yard, and would be utilized for entertainment purposes, in that they have no rear yard to speak of. Mr. Ridolfi stated that he had asked several of the neighbors as to their opinion of this fence, and ascertained that no one disapproved of same. He further added that they all strongly supported this. ~r. Zimmerman inquired if he was going to build anything behind this fence and Mr. Romano replied tha~ he had no intentions at the present time. A neighbor directly across the street stated at that time that she was in full approval of this project, due to it possibly being a deterrent against robberies and vandalism, further, that it would not interfere with traffic in any way, and would be a definite improve- ment to the area. It was determined that no letters of objection were submitted with reference to this matter. Mr. Slavin stated that considering the location of the property and the fact that it is a unique situation he felt that it would allevi- ate all problems by so granting this variance, and he is in approval. Ms. Czufin added that this fence does enhance the appearance of the neighborhood, in that it had previously been run down at one time. -2- MINUTES - BOARD OF ADJUSTMENT August 13th, 1979 Mr. Ridolfi confirmed the fact that he can see no way that granting this variance would constitute setting a precedent for other cases of a similar nature. Chairman Thompson concluded the discussion by making a statement to the effect that he felt that it would be no hardship in cutting this fence down to the required height, and that their fence con- tractor is responsible. Accordingly, he should have been aware of the height limitations in the zones, and therefore the issuance of a permit that did not specify the exact height is no reason to construct a fence higher than the codes allow. Mr. Ampol made a motion that this variance be granted to Mr. Romano. Mr. Ridolfi seconded. A roll call was taken and all were in favor of granting same, with the exception of Chairman Thompson being in opPosition. Motion carried 6-1. -3- MINUTES - BOARD OF ADJUSTMENT August 13th, 1979 Parcel #2 - Lot 8, Block 16, Forest Hills Recorded in Plat Book 25, Page 57 Palm Beach County Records Request - Relief from Section 11 (E) Official Zoning Regulations (8') from property line. (Requesting (6') from property line) Address - 927 South West 28th Avenue Applicant - Dan L. Simmerman Mr.is requested.Zimmerman read the above application and stated that a variance Mr. Simmerman stated that if this variance were not granted, it would be necessary for .he and his family to relocate. Under the present codes, his backyard cannot accomodate a swimming pool. Mr. Pizzi questioned whether the easement had underground cable installed. He was advised by Mr. Simmerman that there was nothing buried or above this particular easement. Mr. Keehr stated the fact that this home is located on a cul-de-sac. Therefore, the house set-back reduced the rear yard to an extent where an adequately sized swimming pool with the required set-backs was not permitted. Mr. Thompson asked Mr. Keehr if the five foot (5') requirement between the house foundation and the pool was necessitated and Mr. Keehr responded in the affirmative. · Ms. Czufin asked Mr. Simmerman whether or not there would be a deck area? She was advised in the positive, whereas the smallest of which would be thirty inches (30"). Chairman Thompson asked Mr. Keehr that if this variance was granted, would Mr. Simmerman be in a position to install a screen enclosure at a later date? Mr. Keehr replied that this would not be possible. Eight foot (8') set-back is required for a screen enclosure. Mr. Ridolfi stated that he observed pools at the end of the block on Lots 1 and 14. The discussion that followed implied that there had been variances received on one (1) of these lots at an earlier date. Mr. Zimmerman indicated that he felt that Lot 7, directly to the north would be the one most affected by this variance. The discussion that followed indicated that this would not create a problem for that location. -4- MINUTES BOARD OF ADJUSTMENT August 13th, 1979 MS. Czufin inquired as to whether this pool would be enclosed with a fence, and it was determined that it definitely would be. It was further indicated that a four foot (4') fence is code and Mr. Simmerman's intention was to erect a higher fence. Mr. Pizzi moved to grant this variance, seconded by Mr. Slavin. Roll call was taken and determined all members voted in the affirmative. Members of the board remained in session to discuss a financial statement. It was the general concensus of the Board to delay any action on this until the new City Attorney could be questioned as to the necessity for this Board to make such a statement. ADJOURNMENT Mr. Pizzi moved to adjourn, seconded by Mr. Slavin. properly adjourned at approximately 9:00. Meeting was Respectfully submitted, BK:fs Bert Keehr Recording Secretary Bert Keehr, Deputy Building Official -5-