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Minutes 04-09-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 9, 1979, AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Frank Bauer Serge Pizzi Ben Ridolfi Paul Slavin Bert Keehr, Asst. Bldg. Official ABSENT Arthur Williams, AlternaTe Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the members of the Board, Assistant Building Official, and Recording Secretary. MINUTES OF MARCH 12, 1979 Mr. Ampol moved to accept the minutes as read seconded by Mr. Slavin. Motion carried 7-0. ' PUBLIC HEARING Parcel $1 - Lot 15, Harbor Estates Recorded in Plat Book 21, Page 98 Palm Beach County Records Request - Relief from 25 ft. rear yard setback requirement to !1 ft. 7 in. rear yard setback to add a screened porch Address - 629 South Road Applicant - Donald D. Shepard Mr. Gordon read the above application and noted it was requested because the entire area does not conform to the 25 ft. rear yard setback. Chairman Thompson noted that all the papers were in order. Mr. Donald D. Shepard came before the Board and referred to this being an old establishe~d community with about 75% of the properties not conforming with the 25' rear setback and stated if the whole area conformed to the 25' setback, he would say it would be a bene- fit, but due to the fact so many do not conform he does not think this is an exception. He does not feel the addition of a screened porch will hurt the nature of the community. Mr. Ampol referred to the addition being a 14 x 32' screened porch and Mr. Shepard agreed. Mr. Pizzi asked if ~t would have a solid roof and Mr. Shepard replied affirmatively and added according to the zoning regulations if it was just a screen roof, it could be built within 8 ft. of the line. MINUTES - BOARD OF ADJUSTMENT APRIL 9, 1979 Mr. Bauer stated he observed this areasand across the way was a screened porch within 6' and next door is another one way out. He thinks it would be a hardship if Mr. Shepard had to conform to the 25' Chairmen Thompson added that he also visited the site and noticed a screen room on the west side and noticed most of the homes had screened in porches. Mr. Shepard added that he thinks it is an old community and most were built probably before the 2ST setback went into effect. It is prevalent in the neighborhood and very few comply with the 25' Mr. Ampol referred to Mr. Shepard taking title on October 12 1978 and Mr. Shepard agreed. Chairman Thompson referred to Florida Power & Light Co. having an easement in the rear of the building and Mr. Keehr informed him that service would not be allowed to hang over the roof. It may have to be changed, but he is sure Mr. Shepard will do whatever is required by code. Mr. Shepard agreed he would comply with the code. He added that they just put in central air and heat and relocated the electric box. If it must be moved, he is prepared to move it where necessary. Chairman Thompson referred to this being a corner lot and Mr. Shepard informed him that it was not as there is a vacant lot on the corner. Mr. Slavin asked if the house was built when he bought the property and Mr. Shepard replied affirmatively. Chairman Thompson questioned why the entire area encroached on the setback and Mr. Keehr explained that the initial platting of this property was in 80'. deep lots. Mr. Slavin asked if there would be any other encroachment and Mr. Keehr replied negatively. Chairman Thompson referred to there being s hedge in the rear and Mr. Shepard agreed and advised there is a fence with the hedge. Mr. Keehr clarified that the fence is on a 3T easement so Mr. Shepard actually has 3' more of land. ' Mr. Shepard advised that a variance was granted for new construc- tion on Lot 25 to build 12~ from the line. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance and received no response. He asked if anyone was opposed to the granting of this variance and received no re- sponse. He ascertained no correspondence had been received. Mr. Ampo! stated due to the fact a precedent has been set and the Board has granted a variance, he is in favor of granting this vari- ance and Chairman Thompson informed him that precedents are not set because each case is based on its own merit. The other case may have been based on something else~ He further explained how a screened porch would be desirable in this particular area near the water, but added that a hardship should be justified. -2- MINUTES - BOARD OF ADJUSTMENT APRIL 9, 1979 Mr. Ampol made a motion this variance be granted to Mr. Shepard, seconded by Mr. Gordon. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0. Parcel ~2 - Lot 9, Block 7, Rolling Green Recorded in Plat Book 23, Page 240 Palm Beach County Records Request - Relief from 25 ft. rear yard setback requirement to 20 ft. 9 in. rear yard setback to build additional bedroom and bath Address - 1627 N. E. 3rd Court Applicant - John S. and Florence E. Phelps Mr. Gordon read the above application and noted the reason requested was to construct a bedroom and bath to house their ailing father. Mr. Keehr informed the Board that it is an extreme hardship for Mrs. Phelps to be here because of the illness off, her husband whom she cannot leave for a short period of time and nee~her constant atten- tion. He told Mrs. Phelps the Board could hear her case without her presence. He talked to Mr. and Mrs. Phelps regarding this variance and will be glad to answer any questions. Mr. Slavin stated he did not think too many questions could be asked after reading the letter submitted. This is definitely a hardship. There is only 4'3" involved. We must think with our hearts and consider the fact that Mrs. Phelps is taking care of her father who is dependent and legally blind and needs all this equip- ment. He is quite sure if Mrs. Phelps was able to be here, he feels it would be difficult for her to speak. The question is what is she doing which is so harmful? It is true her father is well on in years, but let's give him the comforts he is entitled to. Mr. Bauer stated he talked to Mrs. Phelps at length. Her husband is also required to have oxygen constantly. There is one problem, but he doesn't know how to go about changing it. She asked for 10'8" additional space; however, when she asked for that, she did not realize that would not accommodate any closets. She would like to have closets, but this would change the request by She didn't realize when the plans were dr~wn there were not any closets included. Would it be possible to alternate the request by 1'4"? Mr. Keehr replied there is one complication with this extra foot which he told Mrs. Phelps about. She asked for a room 1!' wide and it would work out better if it is 12'. Certainly in granting a variance, 1' would not make much difference, but legally it was advertised at 20'9,~. This is a legal question and whether re-advertising would be necessary. Chairman Thompson stated he also talked to Mrs. Phelps and he ex- plained how there possibly was room on the side. -3- MINUTES - BOARD OF ADJUSTMENT APRIL 9, 1979 The contractor~ Mr. Richard Marks, 634 Ocean Intet Drive, Boynton Beach, came before the Board. Mr. Keehr asked if the addition could be lengthened to make up closet room to satisfy the condition and Mr. Marks replied there is plenty of side clearance and he suggested .pulling the bathroom forward to the east to make a slight L shape and putting a closet on that side. He then explained how the mater- ials came in 12' widths and the construction would be easier to make a 12' wide room, but he doesn't know how this would affect the advertising. If it must be 11~, the bathroom could be moved. Chairman Thompson stated he truly believes nobody from the neighbor- hood would kick about the foot knowing the conditions; but he be- lieves if it is changed~ re-advertising would be necessary. Time is a factor for Mrs. Phelps. Mr. Marks asked if the Board could grant the extra foot and Mr. Pizzi replied that there is a legal technicality. Mr. R/dolfi stated he talked to about nine or ten people in the n~ighborhood and they all were in acceptance. Nobody has any idea of going against it. He talked to Mrs. Phelps about moving the bathroom out and putting on-the side to put in closets. This is strictly not only a hardship, but the biggest humanitarian case he has ever seen. Mr. Ampol agreed there is no question about hardship here. Chairman Thompson stated he thinks we all agree it is a hardship with Mrs. Phelps having to take care of two people. The question is the legal point of changing dimensions. Mr. Gordon referred to the 11' giving plenty of room with moving the bathroom and Mr. Marks agreed. Mr. Bauer asked if it would increase the cost and Mr. Marks replied negatively and explained the job was bid at 12' and they came to an agreement to move the bathroom. Chairman Thompson ascertained nobody desired to speak in reference to this application and no correspondence had been received. Mr. Slavin moved to grant Mrs. Phelps the variance she is seeking, seconded 5y Mr. Ridolfi. As requested, Mrs. Kruse took a roll call vote and the motion carried 7-0. Chairman ThompsOn told about Mrs. Phelps appreciating the interest shown by the members with stopping by to look at the property. Mrs. Phelps felt it was good to have the opportunity to explain the situation since she could not leave to attend the meeting. OTHER Mr. Keehr distributed new zoning maps and asked any members who did not receive one to come to his office after the meeting for one., -4- MINUTES - BOARD OF ADJUSTMENT APRIL 9, ~979 Mr. Slavin asked if any variances were pending and Mrs. Kruse replied that she did not know of any. Mr. Slavin s~ated should any emergency come up and a meeting be convened, he is leaving on April 17 for California. Chairman.Thompson referred to this being the second absence for Mr. Williams and questioned the procedure and Mrs. Kruse advised a record is kept in Mrs. PadgettTs office and when a member has three unexcused consecutive absences, the Council is advised. ADJOURNMENT Mr. Ampol moved to adjourn, seconded by Mr. Slavin. Motion carried 7-0 and the meeting was properly adjourned at 7:3S P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape) -5- NOTICE NOTICE IS HEREBY GIVEN that the following applications have been made to the BOARD OF ADJUSTMENT of the CITY OF BO. YNTON BEACH, FLORIDA for variances as indicated, under and Pursuant to the provisions of the zoning code of said City: Parcel~l - Lot 15, HARBOR ESTATES Recorded in Plat Book 21, Page 98 Palm Beach County Records Request - Relief from 25 ft. rear yazx! set back requirement to 11 ft.-7 in. ream yard set back to add a screened porch Address - 629 South Road Applicant - Donald D. Shepard Parcel ~2 - Lot 9, Blk. 7, ROLLING GREEN Recorded in Plat Book 25, Page 240 Palm Beach county Records Request - Relief from 25 ft. rear yard set back requirement to 20 ft. 9 in. ream yard set back to build additional bedroom and bath Address - 1627 H. E. }rd Court Applicant - John S and Florence E Phelps A FdBLIC HEARING will be held relative the above applications by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida~ on Monday, April 9, 1979.~ at 7:00 P. M. All interested parties are notified to appear at said hearing in person, or by Attorney and be heard. PUBLISH: PALM BEACH POST-T~ES March 24 and 31, 1979 City Manager BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH City Council City Attorney Building Official Board Members Mrs. Kruse NOTICE NOTICE IS HEREBY GIVEN that the followinq application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA for variances as indicated, under and pursuant to the provisions the zoning code of said City: Parcel ~1 - Lot 7, Blk. 4, SEACREST HILLS Recorded in Plat Book 25, Page 74 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 20.2 ft. rear setback on north end Relief from 25 ft. rear setback requirement to 21.4 ft. rear setback on south end to build additional bedroom and family room. Address - 2826 S. W. 6th Street Applicant - Harry and Barbara Clifford A PUBLIC HEARING will be held relative the above application by the BOARD OF ADJUSTMENT at the city Hall, Boynton Beach, Florida, on_ Monday, March 12, 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 BE~CH PUBLISH: PALM BEACH POST-TIMES Febrnary 24 and March 3, 1979 cc City Manager City Council City Attorney Building Official Board Members Mrs. Kruse / MINUTES OF I~HE 'BOARD OF ADJUSTMENT MEETING HELD AT CiTY HALL, BOYNTON BEACH, FLORIDA~ MONDAY, MARCH 12, 1979 AT 7:00 P. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Paul Slavin Serge Pizzi~ Alternate Benjamin Ridolfi (Arrived 7:30) ABSENT Bert Keehr, Deputy Bldg. Official Frank Bauer (E~cused) Arthur Williams, Alternate Chairman Thompson called the meeting to order at 7:02 P. Mo He referred to having a quorum present with five members and introduced the members of the Board~ Deputy Building Official and Recording Secretary. ' MINUTES OF FEBRUARY 26, 1979 Chairman Thompson .commended Mrs. Kruse on the preparation of the minutes from the tape since she was unable to be present because of a City Council meeting at the same time. Mr. Ampol moved to accept the minutes as read, seconded by Mr. Slavin. Motion carried 5-0. COMMUNI CATIONS Chairman Thompson referred to receiving a memo regarding Mm. Boeltz~s resignation at the last meeting and Mr. Ampol asked if the City Council had been notified of the vacancy for one alternate member on the Board of Adjustment and Chairman Thompson replied affirmatively. Mr. Gordon read the memo from the Building Department advising of Mr. Boeltz~s resig- nation and Chairman Thompson stated this is part of the record. Chairman Thompson advised that he received a telephone message from Mr. Bauer advising he is unable to attend this meeting this evening because he has a case of food poisoning, but hmhas not heard from Mr. Ridolfi nor Mr. Williams. PUBLIC HEARING Parcel ~1 - Lot ~ Block 4~ Seacrest Hills Recorded in Plat Book 25, Page 74 Palm Beach County Records Request - Relief from 25 ft. rear setback requirement to 20.2 ft. rear setback on north end. Relief from 25 ft. rear setback requirement to 21.4 ft. rear setback on south end to build additional bedroom-and family room. Address - 2826 S. W. 6th Street Applicant - Harry and Barbara Clifford MINUTES - BOARD OF ADJUSTMENT MARCH 12, 1979 Mr. Gordon read the application and noted the reason requested was on account of a large family and the records on file in the Building Department indicated the proposed addition-would not require a variance prior to purchase of the. home. Chairman Thompson noted the papers were in order. Mr. Keehr referred to the statementof hardship mentioning a document showing a variance would not be required and stated this is a true fact. The microfilm in the Building Department shows the old plot having a 50 ft. setback, but on the survey it is only 46 and 45 feet. ConSequently, Mr. & Mrs. Clifford have to apply for this variance. In relating to a large family, this is the same Mr. & Mrs. Clifford cited for having foster children. They were given permission by the City Council to have foster children and all foster children are now permitted in the City of Boynton Beach. They are proposing to build an addition on each side as the swi.mming pool is in the center. If the variance is granted, every other zoning requirement would be met per the drawing. Mr. L Mrs. Harry Clifford, 2826 S. W. 6th Street, then came before the Board. Mr. Clifford informed the Board that they are rqquesting this variance because they based the purchase of their home with these.plans on the microfilm records in the Building Department and he submitted a copy of this original survey. They ~d~d not know at the time they had plans drawn for the addition they would be in violation. They did not find out until construction was started on the swimming pool that they did not have the available space they thought. They checked into this prior to purchasing their home and were given the information there was a 50 ft. setback. Mr. Pizzi clarified that they thought they had the additional 4 ft. when purchasing the home and Mr. Clifford agreed. Mr. Pizzi clarified they did not become aware of this until a survey was made and Mr. Clifford replied affirmatively, when the con- stzuction was started on the swimming pool, Chairman Thompson clarified that there is no violation as far as the pool and Mr. Keehr replied there was not. Chairman Thompson questioned the date of the purchase of the property and Mr. Pizzi replied: August 2, 1978. Mr. Gordon asked how many bedrooms the home presently has and Mr. Clifford replied that it has three and they are proposing to build a family room and master bedroom and bath. Mr. Ampol asked if they were the same Harry and Barbara Clifford Who appeared before the City Council and Mr. Clifford replied affirmatively. Mr. Ampol clarified that the foster home was approved and Mr. Clifford replied affirmatively. Mr. Ampol asked if the Building Department required a fence around the pool and Mr. Clifford explained that a temporary fence was installed and they in~end to screen in the pool be- tween the two additions rather than having a fence around the property. -2- MINUTES - BOARD OF ADJUSTMENT MARCH 127 1979 Chairman Thompson clarified that the original setback 'without the proposed addition was 46.4' and questioned what was required at the time of purchase and Mr. Keehr replied that 25~ was required and they thought they had 50' and could add a 25'f addition. Chairman Thompson referred to the other homes on the north and south having additions protruding beyond this proposed addition and Mr. Keehr agreed that the additions to the rear of the homes on the north and south are very similar to this in the setback. Chairman Thompson asked if anyone wanted to speak against grant- ing this variance and received no response. He announced that as of this date, no member of the Board has received any disagreement from neighboring property owners. He asked if anyone was in favor of this variance and M_rs. Leo Hartman, 2828 S. W. 5th Street, stated she certainly was in favor of this. Chairman Thompson then opened the floor for discussion by the members. He stated in viewing the property, he noticed the other houses are closer to the rear setback than this house. He also noticed we are talking about roughly 4' being in ques- tion. Personally he does not see why it cannot be granted and Mr. ~mpol agreed. Chairman Thompson referred to the pool being screen enclosed and heing 11 ft. from the property line and Mr. Keehr informed him the setback for a pool is 8 ft~ Mr. Pizzi stated it could be noted at this point that thehhard- ship is the extenhating circumstance of the purchase with think- ing they had the required footage according to the Building Department's records and they only became aware they did not after the survey was made. It is good to have a survey made before making a purchase. Mr. Gordon ascertained there was no further discussion among the Board or audience and made a motion to grant this variance, seconded by Mr. Ampo!. Under discussion, Chairman Thompson requested the reasons and Mr. Gordon replied with the foster children and parents, he doesn't think three bedrooms are enough and it is sure~y a hardship. As requested, Mrs. Kruse then took a ro~l call vote on the motion as follows: Mr. Pizzi - Aye Mr. Ampol Aye Mr. Slavin - Aye Mr. Gordon - Aye Mr. Thompson - Aye Motion carried 5-0. OTHER BUSINESS Mr. P~idolfi arrived at this time. Chairman Thompson informed the members that he talked to Mrs. Clanton and told her we have agreed to meet only on the fourth Monday-if there is an overload. -3- MINUTES - BOARDOF ADJUSTMENT MARCH 12, 1979 Mr. Gordon referred to zoning maps being available for the members and Mr. Keehr replied that these are available and he was unaware that all the members did not have one. If they will stop by his office, he will be glad to give them one. Mr. Slavin asked if there ~±s anything requiring our attention in the Building Department and Mr. Keehr replied there will probably be a couple applications scheduled for the second week in April. ~MP.. Go~rdon asked if it was possible to receive a location map with the apptieationL Mr. Keehr informed him that one was for- warded with each application from the City Clerk's office and the large City zoning maps are available at his office. ADJOURNMENT Mr. Ampoi made a motion to adjourn, seconded by Mr. Gordon. Motion carried 6-0 and the meeting was p~operly adjou, rned at 7:38 P. M. Respectfully submitted, Su.6.anne M. Kruse Recording Secretary (One Tape) -4-