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Minutes 06-25-79MINUTES OF THE 'BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 25, 1979 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Serge Pizzi Ben Rido!fi Paul Slavin Carl Zimmerman, Alternate Bert Keehr, Asst. Bldg. Official ABSENT Frank Bauer Mrs. Marilyn Czufin, Alternate (Excused) Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the members of the Board, Assistant Building Official and Recording Secretary. MINUTES OF MAY 14, 1979 Mr. Keehr referred to the fourth paragraph on Page 4 and clarified they were not aware the fence was installed on State property. Chairman Thompson informed him this was understood. Mr. Slavin moved the minutes be adopted as corrected, seconded by Mr. Ampol. Motion carried 7-0. PUBLIC~HE~RING~,~ 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 33, Mango Heights Recorded in Plat Book 30, Page 55 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area re- quirement to 5,980 sq. ft. lot area to construct a single family residence Address - 325 S. W~ 5th Avenue Applicant - Morris Robinson Mr. Gordon read the above application and read the variance is requested because it is not possible to purchase more property as the property on both sides is either developed or under development. Chairman Thompson ascertained the papers sub- mitted were in order. MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Mr. Irving Regent, 48 East Royal Palm Road, Boca Raton, stated that he represented the applicant, Morris Robinson, and they would like to build on this property but since they are short some square footage, they have applied for a variance. Mr. Ampol referred to the property just being purchased recently in April 1979 and Mr. Regent agreed this was correct. Mr. Ampol asked if at that time, he knew the lot was short footage and Mr. Regent replied negatively. Mr. Keehr informed the Board this is an approved platted subdivi- sion and the lots are measured pretty much the same. The reason for this variance request is the applicant purchased this lot after March 6, 1978, when the ordinance was passed requiring any- one purchasing a non-conforming lot to come before this Board. There is an existing home on Lot 32 and a permit has been issued for a house on Lot 34 to KAY Construction. Chairman Thompson asked ff all the surrounding lots are the same dimension and Mr. Keehr replied affirmatively. Chairman Thompson clarified that at the time this property was platted, the lots were in accordance with the City zoning code and Mr. Keehr agreed because it is an approved platted subdi~n~ Mr. Gordon questioned if there were any intentions for Lot 32 and Mr. Keehr informed him there is a house on it. Mr. Regent added that all the lots and homes in the area are the identical size to this lot he purchased. Chairman Thompson referred to a building permit being issued for Lot 34 and questioned since the lots are the same size and the present code has been in existence since 1975, how come a permit was granted without a variance and Mr. Keehr informed him that KAM Construction owned these lots prior to March 6, 1978. Chair- man Thompson referred to KAM Construction possibly owning all four lots with the probability of selling them individually and Mr. Keehr replied that he did not believe that KAY Construction owned this property. Mr. Regent advised that he did not purchase this lot from KAY Construction. Mr. Zimmerman clarified that KAY Construction still owns Lots 34, 35 and 36 and Mr. Keehr agreed. Mr. Zimmerman stated according to the contract submitted, the applicant seems to be represented in two different corporations, Mango Estates and Realty Marketing Corp. Mr. Regent clarified that Mr. Robinson is his associate in Mango Estates. Realty Marketing Corp. brought this deal to them and they purchased the lot from Mr. & Mrs. WaGner. Mr. Zimmerman referred to Mr. Robinson being involve~ with both companiessand Mr. Regent in- formed him that Mr. Robinson is a broker and a principal in Mango Estates. The company which sold them the lot is Realty Marketing Corp. which Mr. Robinson is not inv61ved in. Mr. Zimmerman referred to Mr. Robinson being listed as a broker and Mr. Regent clarified that Realty Marketing Corp. brought the deal to Mr. Robinson, who is a participant in Bomar Realty and Mango Estates. Mr. Robinson has nothing to do with Realty Mar- Meting Corp. The one b~ker brought it to the other one and they split the commission. -2- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Mr. Ridolfi stated the three lots east of this lot are in Mr. Robinsonts hands now and Mr. Regent disagreed. Mr. Ridolfi asked if KAM Construction formerly owned this lot and Mr. Regent replied negatively and advised that he purchased it from Mr. Wagner. Mr. Ridolfi referred to talking to a few people in the area and stated he was led to believe the owner of all four lots not in the far past was the same owner with possibly a little change in mame for the purpose of building.~ Mr. Regent stated this lot was bought individually from Mr. Wagner and has nothing to do with the other lots. Mr. Zimmerman stated that he did not see Mr. Wagner's name on the purchase agreement and Mr. Regent pointed out that i~awas signed by Mr. and Mrs. Wagner. Mr. Ampol clarified that Morris Robinson is an officer in Mango Estates and Mr. Regent agreed. Mr. Slavin questioned who has the contract to purchase the lot and Mr. Regent replied that Mango Estates has. Mr. Slavin asked who the property is being purchased from and Mr. Regent replied from Mr. Wagner. Mr. Slavin asked if he has a cancelled check from Mr. Wagner and Mr. Regent replied affirmatively, but he does not have it with him. Mr. Slavin clarified that Mango Estates has issued a check to Mr. Wagner in the amount of $850 for a deposit on this lot. Mr. Slavin asked if he pursued the zoning regulations at the time of purchase and Mr. Regent replied negatively since he had built in this area before and was aware these were bui~dable lots. Mr. Slavin asked how long ago he had built in this area and Mr. Regent replied about a year ago. Mr. Keehr clarified the lots were bui~dable prior to March 6, 1978, and it was possibl~ Mr. Regent was not aware of this since a new ordinance was passed. Mr. Slavin asked if there was a customer for this house and Mr Regent replied affirmatively. ' Mr. Zimmerman referred ~o a purchase contract being submitted for this property and not a deed and stated if the variance is not granted, it could probably be returned to the original owner. Mr. Regent replied negatively and pointed out the only condition was the contract being subject to a soil test. They will be stuck, with the lot as the purchase was not based on a building permit being issued. Mr. Zimmerman asked if the previous owner applied for a building permit and Mr. Regent replied that he did not know as the deal was just brought to them by Marketing Realty Corp. Mr. Zimmerman asked if the Assistant Building Official knew any information about the previous owner and Mr Keehr re- plied negatively. ' Mr. Slavin,questioned the size of the house proposed to be built and Mr. Regent replied it was~planned to be 1,505 square feet. Chairman Thompson asked if it!would meet all setbacks if the variance is granted and Mr. Keehr replied affirmativelyand ex- plained the lot is 65' wide a~d is just-short in depth. Mr. Ampol asked if the results of the s0il test had been obtained and Mr. Regent replied affirmatively And it was favorable. MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Chairman Thompson ascertained that nobody else desired to speak in favor of this variance. Mr. Gordon advised that two letters had been received in opposition and Chairman Thompson suggested hold- ing these until hearing from the people. The following then came before the Board to speak in opposition to this variance being granted. Mr. Bob Riley, 342 S. W. 4th Avenue, stated he does not have anything against anyone wanting to build on these lots, but this lot is attached to three owned by KAY ~onstruetion behind him. A building moratorium request was presented to the City Council at the last meeting based on the drainage not being satisfactory in this area. He told about the area fiooding during the storm in April and presented pictures showing the condition. He does not know what action the City Council will take in regard to the morat6rium, but he feels until such time as the City corrects the drainage problem, a moratorium should be put into effect. He ex- plained that the residents also requested that proper sidewalks be constructed for the children walking to the school, vacant lots cleared and leveled, clearing of trash, and the main thoroughfares marked with double no passing lines. If the City takes action on these conditions, he would be in favor of this variance being granted. However, at the present time, more building will take away drainage area. He would appreciate if the Board of Adjust- ment would reconsider this variance at such time when the City corrects the situations in this area. Mr. Ampo! asked if the drainage was always poor in this area and Mr. Riley replied that he has lived there three years and has been told at the time of construction of this subdivision, the City could have spent $15,000 to put in the proper drainage with the developer, but did not. He explained that the City was now considering four options to correct the drainage. He then told how during the storm in April, this area did not have telephone service or electric power and how the only contact they had was with a policeman over a CB radio. Mr. Robert Keller, 306 S. W. 5th Avenue, read a petition signed by 25 people in opposition to the granting of this variance. He then asked when KAY Construction obtained the building permit for Lot 34 and Mr. Keehr replied that it was possible it was issued as long as eight months ago, but it was recently renewed~ Mr. Keller questioned why he was not informed of this when he asked Mr. Keehr previously and Mr. Keehr replied there was probably just a misunderstanding. Mr. Keller asked if this was just a purchaseccontract subject to the Dariance being granted and Mr. PizZi replied negatively as this is not stated in the contract. Mr. Keller questioned how it could be approved when a building plan has not been submitted? Why was the ordinance amended in 19787 It was probably amended because of the cigar boxes this builder built in Laurel Hills. -4- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Mr. Keehr clarified that this builder is not asking for a variance from the square footage of the house or setbacks. This lot is the same size as Mr. Keller's lot is. He is sorry there was a misunder- standing whether there was a permit, but a permit was issued and is in force at this time. There is no moratorium in effect on that area at this time. Our City Attorney advised it would not be advisable. If there is a moratorium, it would not matter whether a variance was granted or not as he could not build. Mr. Keller referred to it being required by the applicant to make some effort to purchame property on either side and asked if there was any documentation regarding this and Chairman Thompson replied this is not necessary. Mr. Keehr added that he had not heard of such.a law. He knows there is an existing home on one lot and the other owner is not a relative or partner to this applicant. Our records indicate it is owned by KAM Construction. Mr. Keller re~erred to KAM Construction being bankrupt and Mr. Keehr replied that he did not know. Mr. Keller clarified that KAM Construction applied for a building permit for Lot 34, put in some stakes, and then left The people are concerned this is being circumvented and four inferior homes will be built. Chairman Thompson stated there are no deed restrictions regarding the type of home to be built, but the required setbacks must be met. Mr. Slavin pointed out that all the lots are uniform and the same size. Mr. Slavin referred to possibly the other lots causing a problem in the future and Mr. Keehr agreed it was possible, but if the owner has owned the lots prior to March 6, 1978, he can build on them. These are nice homes in this area, but the lots are a little short. The same laws in effect on the other homes will apply to this home. The same square footage size would be re- quired. Mr. Slavin stated we must take every request on its own merits. He clarified that Mango Estates is going to buy this property from Mr. Wagner to build a house for one of their clients. They plan to build a 1,505 sq. ft. house. No one lot is shorter than another in this area. Ail the lots are the same size in this area. Mr. Zimmerman replied that this lot would not be any different than the others and all are non-conforming. Mr. Keehr agreed that all a~e non-conforming to the zoning now, but the owners who have owned the lots prior to March 6, 1978, can build on them. Mr. Slavin added that if KAM Construction applies for permits tomorrow, they will be issued and three houses can be built on the three lots. He clarified that undeveloped property will stick out like a sore thumb if a variance is not granted and the other houses are built. Mr. Zimmerman stated any additions or repairs could become a pro- blem on these lots at a later date and Mr. Keehr replied nega- tively, as long as theyare within the setbacks. Mr. Zimmerman questioned whythe lots are non-conforming and Mr. Keehr informed him because they do not have the required square footage. -5- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Mr. Ampol asked if there were deed restrictions in this area and Mr. Keehr informed him the City is not concerned with deed re- strictions. He believes there would not be any deed restrictions in regard to setbacks as many of the homes have been built with the same setbacks. Th~szoning requires a 1,250 sq. ft. house to be built in this area and the builder mentioned having plans to build a 1,505 sq. ft. home, which would probably upgrade that area. Mr. Bob Leder, 419 S. W. 4th Avenue, referred to purchasing his home in July 1973 and checking out the drainage and told about being assured by the City Engineer that this area would not flood. He told about having flooding problems in September 1973 and dis- cussed them with the City Engineer and City Manager. Chairman Thompson interjected that this did not concern the application before this Board. Mr. Leder stated that more homes have been built in this area and the result is having less ground to absorb the water. He is not opposed to anyone building, but feels until the City takes action to correct the drainage problem, there should be no building allowed. Mrs. Helen J. Avery, 425 S. W. 4th Avenue, read the letter dated June 22 sent to the Board and showed pictures taken during the flood. She stated until the lots are cleared and the drains put into working condition, no more building should be allowed. Chairman Thompson asked if the problem existed before these four lots were filled in and Mrs. Avery replied affirmatively, but it was not as bad. Mr. Keehr stated he did not want to minimize the flood condition because he investigated it and it was a sad situation, but to- night this Board is either to grant a vaz~ance or not on one lot. If the City Council feels fit to place a ~oratoriUm, it will make no differen~whether this variance is granted or not as he will not be able to build on it. Mrs. Robert Leder~i~ 419 S. W. 4th Avenue, referred to the house being planned t© be the size of 1,500 square feet and asked if this meant it would be more than a single family dwelling and Mr, Keehr informed her onlya single family dwelling could be built in this zoning. Mr. Don Raaen, 305 S. W. 5th Avenue, stated if a variance is granted on this lot, then someone could buy the other three and other variances could be granted. Mr. Keehr explained the other three lots were a different situation and since this one lot is between two lots, it is a hardship case. Mr. kaaen re- ferred to KAM Constructionselling the lots individually:and Mr. Keehr rePlied that action could not be anticipated. If someone purchases the other three lots, only two homes could be built. Mr. Raaen remarked that it looked like Mr. Keehr was in favor of the variance and Mr. Keehr clarified that he is only giving the facts to the Board. Mr. kaaen referred to the possi- bility of the applicant buying one lot at a time and Chairman -6- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Thompson explained how the records are checked and this will be considered if there is an application. Mr. Pizzi added that it appears this applicant was caught short, but the next time he will know better. Mr. Keehr clarified that the owner of the three lots can build three houses at this time and it did cost money to have the permit renewed for the one house. Mr. Steve Schultz, 321 S. W. 5th Avenue, referred to this being a smaller lot with a smaller house planned and stated it would not sell for as much as the other houses in the area which would down- grade his house automatically. Whereas, when the last three lots are sold, only two homes can be built. Mr. Keehr clarified that the last three lots are owned by the same person and since he has owned them prior to March, 1978, he can build three houses. Also, the size of the house planned is ~,505 sq. ft. which would not downgrade the area and probably the lot is the same size. Chairman Thompson added that by putting the additional footage into the house would be considered upgrading. Mr. Schultz asked if a plan was submitted and Mr. Keehr replied negatively as it is not a requirement of this Board and the house must meet all zoning reg- ulations. Chairman Thompson added that a house cannot be built smaller than what the zone calls for. Mr. Bob Williams, 312 S. W. 4th Avenue, questioned why the lot size was increased to 7,500 sq. ft. and Mr. Keehr replied it was done when the ordinance was changed and he presumes it-was to upgrade any future R-lA development. However, this subdivision was platted prior to that and approved by the City and apparently itwwas permissable to have less than 7,500 sq. ft. Mr. Williams asked if the variance is approved, then the lots will be smaller and Mr. Keehr replied negatively, but they will be as platted. Chairman Thompson stated this apparently is a hardship case as when the City rezoned, possibly it placed a hardship on the present owner or future owners. It did allow the present owner to use the property, but if it is transferred, it comes to this Board. When the rezoning was prepared, he believes it pertained to the platting of new developments. Mr. Williams asked if the lots would all be at the same level and Mr. Keehr explained how the floor elevation is based on the elevation of the road. Chairman Thompson ascertained there were no further comments from the audience and opened the floor for discussion by the Board. Chairman Thompson referred to the problem of drainage presented and stated this should not be taken into consideration as this is a City problem and not a problem for this Board. Also, if this property was owned by the same person before the rezoning, we could not deny the use of it. -7- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 Mr. Ridolf~ referred to the lot to the west having a building permit issued and stated the two lots adjoining that have been sold to Mango Estates and Chairman Thompson replied that we do not know this. Mr. Slavin added that only Lot 33 is owned by Mango Estates and we cannot assume they have bought the rest. Chairman Thompson added that the owner can build on Lots 34, 35 and 36 without a variance. Mr. Slavin clarified that according to the request, there is a hardship because one adjoining lot has a house and the other is under development, but the other lots mentioned we are not being asked to make a decision on. The water problems he can appreciate, but that is a problem ~f the City. His impression is that the property owners around the lot are not objecting to a home being built, but to the water problem. There appears to be a legitimate case ~f a hard- ship. Mr. Zimmerman referred to still questioning the ownership of this property and stated Mr. Regent did not say a deed was issued on it. Assuming the sale isn't finalized, the lot could probably go back to the original owner if the variance is not granted. He does not feel this is a City imposed hardship, but believes it is a self-imposed hardship since the man bought it after the zoning was changed. Mr. Slavin stated all the papers submitted show a contract of sale. He stated a previous application had a contract of sale submitted which specifically spelled out that unlessaa variance was granted, the deal was not in effect. We have nothing submitted with this application saying there is a definite sale. If Mango Estates can obtain a variance, they will close on the property. It is not a question ~f finality of ownership. If Mr. Wagner gets the lot back, he can build a house or have an empty lot which~is an eye- -sore. Chairman Thompsonadded that the original owner can build on this property. Mr. Rid~lfi asked if we could request more time to prove the owner of this propertylis having the house built and Chairman Thompson replied that he did not think we have that right, but do have the right to ask f~r more time for more information but not to check out if the original owner~ plans to sell to Mango Estates. Mr. Ridolfi clarified that h~s question was whether it was purchased for the purpose ~f self-building or the developer selling. Mr. Keehr clarified that this lot is no smaller or.bigger than 50 other lots with homes built on them in this subdivision. The present owner can build on the lot. The reason for this variance is the owner is selling it. The hardship stated is that more property cannot be purchased. He doesntt' think it is the Board's job to investigate the ownership, but the City Clerk checks the documents and forwards them to the Board. The Board can make additions to the application if they feel more documents are needed. -8- MINUTES - BOARD OF ADJUSTMENT JUNE 2S, 1979 Mr. Robert Keller stated when he went to the Building Department to try to find out who owned the property, he was told there was a contract subiect to a variance being granted. There seems to be a problem d~ciding whether there is a sale or conditional sale. Mango Estates bought this property knowing quite well it did not meet building specifications. Why pass laws if they are not going to be followed? There is no hardship on Mr. Wagner. Mr. Slavin replied that he could appreciate Mr. Keller's thinking, but it has been clarified that a contract of sale has been sub- mitred and Mango Estates does not claim to own the property. It has also been stated that Mr. Wagner would not be denied the right to build. The issue at hand is Mango Estates has an option to buy this particular lot and plansto build a 1, S00 sq. ft. home Mango Estates did build ~n this area previously when there were no restrictions on the lots. The application specifically states the hardship is that one adjoin±ng lot has a house built on it and the other is under development. Chairman Thompson added there is no change in the property size no~ in the difference in the size of the house to be built. Mr. Zimmerman stated he didn't think we should look only at this subdivision, but consider the City as a whole. We are not here to circumvent zoning changes and upgrading of the zoning code. This would set a precedent so it could occur in other subdivi- sions where there is not the uniformity of 65' lots like in this subdivision This definitely is not a City imposed hardship to this applicant. Chairman Thompson informed him that a precedent woald not be set, but each case must be considered individually. Mr. Keehr stated he believes when this ordinance was passed, the intent of the City Council at that time was not to allow a deve- loper to purchase ten small lots and build ten small homes. How- ever, by eliminating that particular fact, he doesn't believe they meant for everM isolated lot to become a vegetable garden. Mr. Ampol referred to the possibility of having a bad flood and asked if the City.would be liable for damage to these homes in this area and Mr. Pizzi replied this Board is not predicated on deciding flood matters. He clarified this man is trying to get a building permit but has an impediment with having a non-conform- ing lot since the City upgraded the zoning. The ~wner can build on it, but the purchaser cannot. Mr. Ampol asked again if the City would be liable in the case o£ a bad storm since the people have been asking the City to improve the drainage system and Mr. Pizzi replied that it is hard to get money out of a city, state, federal government and hospitals. Chairman Thompsonadded that a builder makes the decision build in an area and if problems are encountered, it is not the City's responsibilitM; ~it is the same as going into busines~ and not making a profit. Mr. Pizzi referred to it being the City s responsibility to set the standards and enforce them and Chairman Thompson replied that this problem existed without the homes. Mr. Pizzi stated building should not be continued without the present deficiencies being rectified. Mr. Ampol- referred to people complain~ng years back in this area about the drainage and Mr. Keehr informed him a retention basin was installed, which was a designed acceptable storm water -9- MINUTES - BOARD OF ADJUSTMENT JUNE 25, 1979 drainage system but has not proven adequate. The City Council and City Manager are well aware of this problem. He does not think this is this Board's concern. If the City sees fit to recommend a moratorium, it will make no differen~ an this. Mr. Zimmerman moved that this variance be denied by this Board on the basis it is not a City imposed hardship. Mr. Pizzi seconded the motion. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0. Chairman Thompson announced that the request is denied. Chairman Thompson announced that a letter of resignation has been received from Mr. Williams and Mr. Gordon read this letter. Chair- man Thompson informed the Board that Mrs. Marilyn Czufin has been appointed to replace Mr. Williams. BoardChairman of Adjustment Thompson announced in July. there would be no meeting of the ADJOURNMENT Mr. Ampol~ moved 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-