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Minutes 02-26-79MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, FEBRUARY 26, 1979 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George J. Ampol, Vice Chairman Robert Gordon, Secretary Frank C. Bauer Benjamin Ridol fi Paul Slavin Serge Pizzi, Alternate Arthur Williams, Alternate Bert Keehr, Deputy Bldg. Official Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the members of the Board. He read a telephone message from Mr. Alvin Boeltz advising because of personal reasons, he could not serve on the Board th~s year. Mr. Ampol referred to having an alternate member with past experience on this Board and suggested moving him to a regular member and requesting an alternate member to be appointed by the Council to the Board. Chairman Thompson informed him that we do not have that power, but could make that recommendation. Mr. Ampol made a motion to recommend to the City Council that Mr. Serge Pizzi be changed to a regular member of the Board and a new alternate be appointed. The motion was seconded and carried. Chairman Thompson then distributed identification cards to the ·embers. He also distributed a financial' disclosure form to each member to be completed. Mm. Ampol referred to the disclo- sure form not being applicable and Chairman Thompson explained that since the servic.e to the Board was in a volunteer capacity with no remuneration and the Board members were not public offi- cials, the form is not applicable. PUBLIC HEARING ~ Parcel ~2 - East 48 ft. of Lot 19 $ West 38 ft. of Lot 20, Fern Ridge, Recorded in Plat Book 26, Page 115 Palm Beach County Records Request - Relief from 7,500 Sqo feet lot area require- ment to 7,187.88 sq. feet to construct a single family residence Address 420 S. W. 7th Court Applicant - Henry Dickson and Ann Dickson Mr. Gordon read the above application and read it was requested because this lot has 7,187.88 sq. feet which is 312.12 sq. feet less than required and no other propertyi~s available. They re- viewed the papers submitted with the application and ascertained all were in order. Mr. Keehr referred to both applications to be heard and stated both lots are non-conforming in their particular areas; there- fore, a building permit cannot be issued. Also, these lots are being sold. If the original owner purchased them prior to March 6, 1978, and desired to build, a building permit would be issued. MINUTES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 Since these lots are being sold, approval is required from the Board of Adjustment. The houses will have to comply with all other zoning mequirements such as the square footage of the house, setbacks, etc. The houses planned on both ~hese lots will have the same setbacks as the existing houses.' Chairman Thompson explained how the consideration of a hardship must be studied. He also explained that four affimmative votes were needed for a motion. Mr. Gordon read-a letter authorizing Mr. Hugh David to repre- sent them in obtaining this variance from Henry and Ann Diekson. Mr. Hugh David, t00 S. Federal Highway, came before the Board and explained 0n!y a variance was being requested because the lot area is not adequate. The side setbacks will be consider.- ably more than required under R-lA and the front and rear set- backs will have the required 25 feet. The members reviewed the plan. Mr. Gordon asked if Mr. L Mrs. Dickson intended to live in this planned home and Mr. David explained that the property was under contract to be sold from Mr. L Mrs. Dickson to Mr. $ Mrs. Ken Smith, who plan on making this their home. Mr. Ampol referred to Mr. L Mrs. Dickson buying the property in 1971 and Mr. David agreed. Mrs. Ken Smith, 635 Hummingbird Lane, Delray Beach, explained how the house w~muld fit into the setbacks. Chairman Thompson asked if anyone else desired to speak in reference to this application. Mr. Joseph H. Delaney, 416 S.W. 7th Court, advised that he lives 'at this address and is under contract to buy the house on the other side at 424. In behalf of the purchasers, most of the neighbors are here, they are all in favor of having a house on this lot. They request they meet the requirements of the Fern Ridge Development. Chairman Thompson asked if anyone wished to speak in opposi- tion to this variance and received no response. Mr. Ridolfi referred to visiting the site and stated it appeared there was ample room to build a house to conform with the adja- cent houses. Mr. Slavin agreed and added with the neighbors also being in favor, he finds no objection and believe~ the variance should be granted. Mr. Ampol agreed and stated he would rather see a house than an empty lot. Mr. Pizzi also agreed and stated he didn't think we could turn it down with the applicant not having additional property available. It seems to be a hardship on which relief should be granted. Mr. Williams asked if it was a common practice in this particu- lar neighborhood to split lots like this and Mr. Keehr replied that it was not, but this is a situation of the land being left. -2- M~N~TES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 The members reviewed and discussed the plan further. Chairman Thompson told about the zoning code making many lots non-conform- ing. He added that in this case, the difference in lot area was very little. Mr. Gordon added that he visited this lot and in his opinion, there is plenty of room for a well built home to be constructed. Mm. Bauer moved to grant this variance, seconded by Mr. Slavin. A roll call vote was taken and the motion carried 7-0. Parcel #1 - Lot ~229, Laurel Hills~ 5th Addition Recorded in Plat Book 23, Page 183 Palm Beach County Records Request - Relief from 75 ft. lot frontage requirement to 50 ft. lot frontage Relief £rom 8,000 sq. ft. lot ~area requirement to 67 975 sq. ft. lot 'area to construct a single family residence. Address - 710 No W. 8th Street Applicant - Walter Brej nik Mr. Gordon read the above application and read that it is requested to construct a ~house on this 50 x 140 ft. lot because adjacent pro- perty is not available. Mr. Keehr referred to a sketch being submitted of the proposed home and explained that this house would not be large enough to comply with the building requirements. The square footage as shown would only compute to about 1,450 square feet and 1, 500 square feet is required. He explained how it could be enlarged since the minimum setbacks have been exceeded. A revised plan would have to be submitted for a permit. Chairman Thompson asked if anyone was present representing the applicant. Ms. Betty Sheldon, representing Walter Dutch Realtor, stated she was present with Mr. Walter Brejnik, the buyer of this property. Mr. Slaving referred to the plan showing a ~ouse 51 ft. x 28.6 ft. which does not meet the 1, 500 sq. feet requirement and Mr. Brejnik informed him that he submitted a revised plan. Mr. Keehr stated it would be th-e responsibility of the Building Dept. to make sure the house proposed will be 1, 500 sq. feet. The issue tonight is a non-conforming lot, but not a non-conforming home. Chairman Thompson added that it could be included if this variance is granted that the size of the house meet the require- ments. Chairman Thompson referred to the configuration of the property on the south side and Mr. Brejnik informed him that it is a straight line. Mr. Williams referred to the own-ers on each side having double lots and practically the whole block being~the same with double lots, but this is a boxed-in 50 ft. lot. Unless property is available on either side, it cannot conform to the zoning. MINUTES - BOARD OF ADJUSTM~T FEBRUARY 26, 1979 Chairman Thompson asked if anyone wished to speak in favor of granting this variance and one gentleman replied th~at he was in favor. Chairman Thompson asked if anyone wished to speak in opposition to the granting of this variance and the following came before the Board. Mr. Robert Eichorst~ 815 N. W. 6th Avenue, referred to Mr. Brejnik looking at various lots in the neighborhood and stated he heard him mention that this lot is strewn with junk. He told about personally mowing this lot and keeping it clean. He has contacted this woman at least three times during the past few years trfing to buy this property since it is ad[a- cent to his, but she refuses to sell. Last June, he wrote a letter in reference to buying this lot and was quoted a price in response. Before giving him a chance to respond, the lot was placed for sale with a realty. He then told about houses being built 'along N. W. 7th Court on 50 ft. lots without vari- ances being granted. He showed pictures of this street and pointed out how it was congested with parked cars. Mr. Pizzi questioned whether a genuine effort was made on Mr. Eichorst~s part to buy the lot and Mr. Eichorst assured him it was and explained further. He also explained how his present 60 x 100 ft. lot just was not adequate. He still would like to buy the lot. He would not object if the owner built, but he does not think the applicant intends to live in this house. Mr. Pizzi referred to having a lot of non-conforming lots left in Boynton Beach .and explained how the owners could not be pro- hibited from using them. M~. Eichorst clarified that the owner in this particular case wants to sell the pmoperty. He feels from the conversation the applicant has had with people in the neighborhood that he intends to build and sell. Mr. Gomdon asked Mr. Brejnik if he planned to live in this house and Mr. Brejnik replied affirmatively. Mr. Keehr clarified that a year ago, building was allowed on 50 ft. lots. The ordinance was not passed until March 6, 1978, no~ allowing building on 50 ft. lots. He explained how the situation of these lots had been changed during the past few years. Mr. Marvin Klepps, 1119 N. W. 8th Court, advised he was repre- senting the Homeowners Association of Laurel Hills, Glen Arbor and Gordon 'Park. They request the Board not to consider the applicant's request for a variance to build a residen~eon a non- conforming lot. To consider this request would be in direct violation with Ordinance 78-5. Much time and effort was spent by this community ~ogget this ordinance written to protect the neighborhoods in our city and upgrade our neighborhood. This ordinance allows only the owners of the non-conforming proper- ties who were owners prior to the ordinance date to build a residen~eoon the property and only them if it meets the zoning regulations. It is unfair to allow anything else other than what the present zoning requires because it devalues property -4- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 value in the community. During the last half of 1977, a builder was allowed by the City to come into this community and violate normally accepted zoning codes and building continuity by con- strutting barrack type residences on 50 ft. frontage lots. The builder is now gone. He does not have to live in the environment he created; however, a generation of families will have to live in these buildings and inherit congestion and inadequate parking facilities. He referred to a protest being made by the citizens at that time and finally in March, the present ordinance was passed. They see no hardship case in this request. They ask the Board to deny this request. Mr. Austin Williamson, 805 N. W. 8th Street, stated if a decent home could be built on this lot, it would be all right, but he is not in favor of a long barracks type building. Mr. Frank Howell, 801 N. W. 8th Street, referred to the new houses being built in this area during the past year and stated these were all constructed on lots with variances granted. He told how the homes were built not in conformance with the existing homes in the area. He would like to see the detailed plans for this home. He feels if the variance is granted, it should be granted with stipulations that the builder should construct the home in a manner which is consistent with the area. He feels the homes which have been built on the 50 ft. lots have deter- iorated the neighborhood with having to face in a horizontal direction. Mr. Dan Brunetti, 604 N~ W. 7th Court, agreed with the previous statements. He is violently opposed to the granting of this variance. Mr. Austin Will~amson, 805 N.W. 8th Street, added that this is the only lot on the street and it must be considered if the house built doesn?t conform, how will it affect the whole area? Mr. Robert Eichorst, 815 N. W. 6th Avenue, explained how the setbacks varied with the most recent homes being built. Mrs. Doris Rogers, 920 N. W. 13th Avenue, clarified that the barracks type homes are actually located one street over. There are other lots available in Laurel Hills. It is not a hardship for the seller because she does have someone willing to purchase the property and the buyer does have other options in Laurel Hills. Mrs. Pam Creasman, 710 N. W. 8th Court, stated she is in objec- tion because of seeing the homes built there on the small lots. Mr. Steve Rex, 908 N. W. 8th Avenue, stated he was in objection also. Everyone has referred to hardships and it has been pointed out that neither the buyer nor the seller will have a hardship in this case. The only hardships will be on the people who ~ the surrounding property. -5- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 Chairman Thompson referred to the time all~ed to those speaking in opposition and announced he would give equal time to those speaking in favor to respond. Ms. Betty Sheldon stated that the primary reason for this vari- ance was for Mr. Brejnik to build his home. She believes every- one in the area was aware of this lot being for sale. The seller has been trying to sell this lot for a couple years~ but possibly the price was objectionable to the neighbor. The contract is drawn subject to the variance being granted. Mr. Keehr referred to the setbacks and explained how a percentage was used to determine th~seon non-conforming lots. Mr. Gordon read a letter objecting to this variance being granted fmom Mr. L. Mehaffey, 903 N. W. 6th Avenue. Mr. Slavin referred to twa.of the neighbors having offered to purchase this lot and stated that now a pending contract appears for the purchase based on a variance being granted. He read the contract and pointed out that the time to exercise the option had elapsed. Chairman Thompson informed him this application was submitted to the Board in Deeember~ but was postponed until the Board was organized. Mro Ampol referred to applications in the past and stated he did not like having a contract submitted like this including a stipulation. Chairman Thompson replied that it should be overlooked as it is not pertinent to the request. Chairman Thompson explained how the change in zoning resulted in changing the requirements for frontage and area of lots. Consideration must be given to what can be done with a 50 £t. lot. His decision will be based on the merits of this individ- ual ease. He explained how he did not see a hardship involved in this ease. Mr. Bauer agreed there was no hardship since it has been stated the people-on either side are willing to purchase the lot and there are other lots available in the area. Chairman Thompson explained how once an area is upgraded, it is attempted not to go back to how it was previously. He pointed out that this is a landlocked lot, but he sees norway to build a house and meet the side setbacks. Mr. Ridolf~ told about visiting the area and talking tA the real estate agent and purchaser and stated~The was led to believe it was a hardship. He was also led to believe this lot was within the realm of building even though the zoning had been changed. He does not see how a house could be built on this lot to conform with the architectural structure of the homes presently there. He is not in favor of granting this variance. Mr. Pi zzi referred to the 50 ft. lots being upgraded and Mr. Keehr clarified that the frontage required was now 75 feet. Mr. Pi zzi referred to the minimum being 60 ft. lots for years and Mr. Keehr explained how there was a ~onfusion on non-eon- fomming lots because of platted areas with 50 ft. lots. The 50 ft. platted lots were approved and once a plat is approved, it is approved forever unless replatted. There are many platted -6- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 50 ft. lots in the City and it was decided these lots have the right to be built on. It was then the percentages were deter- mined to figure the setbacks and allow building on 50 fro lots. In the meantime, the Council decided to stop this and enacted the ordinance stating if you did not own the lot prior to March 1978, you would have to apply to the Board of Adjustment for a variance. Ms. Sheldon stated if this request was denied, it meant in the future nobody could build a building on this property and the seller will not receive the 55,000 sale price of the property. Can those people who made the offers now purchase the p~operty? She explained how when a condominium sale was not approved, first priority was given to the other owners before being of- feted to the public for sale again. Mr. Ampol questioned the date of the deed and Mr. Slavin read that it was dated 1951. Chairman Thompson clarified that the property in this area has been upgraded requiring 75 ft. frontage, but this is a land- locked p~ce of property. The Board's purpose is not to create a hardship. Once a vote is taken, the only recourse is through the courts. Mr. Ridolfi questioned if Mr. Eichorst could be required to submit proof verifying his offer to purchase this lot. Mr. Slavin moved to table all action by the Board on this vari- ance. This wo'uld give the parties involved, namely the present owner and the owners of the adiacent properties, an opportunity to get together and perhaps ir~n this thing out amicably among themselves. Mr. Williams asked the neighbor if Walter Dutch Realtor ever approached him with an off~m and Mr. Eichorst told about making contaet with the owner three times before she listed the property for sale with the real estate. The last contact was in June and on July 3, the owner w~ote a letter stating the price. He sent a letter back agreeing to purchase it and the following Monday, a sign was placed on the property for sale. He still wants to buy ~hat property, but will only deal with the owner. Mr. Pizzi referred to weighing the hardships. He stated he feels with the owner not being here, she is placed at a disadvantage somewhat. Disc'ussion followed regarding just how a satisfactory arrangement could be reached. Mr. Bauer clarified that we must base ou~-decision on the state- ments made at this hearing. Chairman Thompson referred to all the facts being presented and suggested a decision be made and the matter not tabled. Discussion followed whether there was a basis to table action on this application. -7- MINUTES - BOARD OF ADJUSTMENT FEBRUARY 26, 1979 Mr. Bauer made a motion that the petition not be granted, seconded by Mr. Ampol. Under discussion, Mr. Slavin referred to Ms. Sheldon,s statement that if the variance is not granted, nobody will build or use this lot and suggested tabling this in order to research everything which has taken place. Chair- man Thompson questioned what would be found if this is tabled? Mr. ~mpol referred to the number of people present .in opposition and stated all the facts have been presented. Mr. Pi zzi ques- tioned whether he based his decision on numbers? Chairman Thompson suggested possibly having a stipulation giving the sur- rounding owners the opportunity to work something out with the owner of the lot within a certain period of time. He told about researching this case and stated that we have all the information. Mr. Pizzi questioned the percentage of 50 ft. lots in the immediate neighborhood and Mr. Williams referred to the list of property owners giving the size of the lots and added that most are 100 ft. lots. Mr. Pizzi stated that this woman has owned this lot for many years. Mr. Bauer clarified that his motion was that .the variance not be granted~ seconded by Mr. Ampol. Under discussion~ Chairman Thompson asked if he would favor a stipulation such as time to see if the adjacent property owner could work something out with the present owner. Mr. Bauer replied affimmatively and he be- lieves a period of time should be given for all these arrangements to be made, these offers of purchase, ere. Mr. Bauer then amended the motion to include a three month period for the adjacent owners to work out a purchase and Mr. Ampol agreed. Chairman Thompson clarified that if no agreement was reached within 90 days, the variance would be denied. Mr. Bauer clarified that if nothing is done within 90 days, the variance would definitely be denied. Chairman Thompson called for a vote on the amendment to the motion stipulating after 90 days if no agreement is worked out between the present owner and the adjacen~ property owners, the variance is denied. Mr. Williams stated there should be no stipulation and they could make a re-application if necessary. Chairman Thompson then withdrew his request for a stipulation. Chairman Thompson then called for a roll call vote on the motion to deny the variance. The members recorded their votes as follows: Mr. Ampol - Yes Mr. Bauer - Yes Mr. Gordon ~ Yes Mr. Pizzi - No Mr. Ridolfi - Yes Mr. Slavin - No Mr. Thompson - Yes Motion carried 5-2. Variance denied. Mr. Ampol moved to adjourn, seconded by Mr. Slavin. Motion car- ried unamimously and the meeting was properly adjourned. ne M. Kruse, Recording Secretary (Two Tapes Transcribed) --8--