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Minutes 01-11-79MINUTES OF THE BOARD OF ADJUSTMENT ORGANIZATIONAL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, THURSDAY, JANUARY 11, 1979 PRESENT George Ampol Frank Bauer Robert Gordon Paul Slavin Vernon Thompson, Jr. Serge Pizzi, Alternate E. E. Howell, Bldg. Official Bert Keehr, Deputy Bldg. Official ABSENT Alvin Boeltz (Excused) Ben Ridolfi (Excused) Foy Ward, Alternate (Excused) Mr. Thompson called the meeting to order at 7:03 P. M. and an- nounced that it is an organizational meeting for the purpose of electing officers and setting meetingstimes and dates. Election of Officers Mr. Thompson declared nominations open for Chairman. Mr. Gordon nominated Mr. Vernon Thompson, seconded by Mr. Ampol. Mr. Slavin moved that nominations be closed. Mr. Thompson declared nominat±ons open for Vice Chairman. Mr. Gordon nominated Mr. George Ampol, seconded by Mr. Slavin. Mr. Slavin moved that nominations be closed. Mr. Thompson called for a vote o~ these nominations and the vote was unanimous in favor of Mr. Vermin Thompson for Chairman and Mr. George Ampol for Vice Chairman. Mr. Thompson declared nominations open for Secretary. Mr. Slavin nominated Mr. Robert Gordon, seconded by Mr. Pizzi. Mr. Bauer moved that nominations be closed. The vote was unanimous in favor of Mr. Robert Gordon for Secretary. Time and Date of Meetings Mr. Thompson referred to the Board meeting on the second and fourth Monday at 7:00 P. M. and discussion followed whether this would be convenient for the members. Mr. Thompson added that we always try to start exactly at 7:00 P. M. and if anyone is unable to attend, please notify the Chairman or City Hall. He also ex- plained that they tried to limit the meetings to four applications and a meeting is held the fourth Monday if there are a number o£ applications. Mr. Ampol made a motion to meet at 7:00 P. M. every second Monday of each month and the fourth Monday to be left open if there is an overla~d, seconded by Mr. Bauer. Motion carried 6-0. Mr. Thompson added that if no applications are received, a meet- ing is not held. MINUTES - BOA~ OF ADJUSTMENT JANUARY 11, 1979 Mr. Slavin referred to an application having been submitted Decem- ber 20 and after discussion, it was decided to wait to hear this petition until the regular meeting date on the second Monday in February. Mr. Slavin clarified that the next meeting date would be February 12. Discussion of Procedure Mr. Thompson suggested that the members view the property in ques- tion referred to on an application prior to the-meeting and ex- plained how this could be helpful. Mr. Thompson referred to the members having received identification cards in the past to be shown to people when inspecting a property and stated he hopes new cards will be distributed this year. Mr. Howell commented as long as this is noted in the minutes, it will be taken care of and Mr. Keehr added that he would follow this through. Mr. Howell referred to distributing zoning books to the members and noted three members were not present and asked if Mr. Keehr should keep these books and bring them to the next meeting and Mr. Thompson replied affirmatively. Mr. Keehr stated that he has been assigned to this Board by the Building Official and will sit at each meeting strictly in an advisory capacity and amswer questions in regards to the particu- lar case. Mr. Thompson added that many times his service has been needed and added that the Building Department has been quite helpful before meeting time. Mr. Howell agreed and added any time they want to stop in at the Building Department, ~ither he or Mr. Keehr will be glad to help. Mr. Thompson added that the City Clerk's office is also quite helpful. Mr. Gordon asked if the Board still had a mail box by the City Clerkts office and Mr. Thompson replied affirmatively and added that a note can be dropped in th±s box by a member if he is unable to attend a meeting. Mr. Thompson referred to the duties of the Board and suggested the zoning book be read as much as possible. He referred to having a variety 8f cases with decisions being made around the country and Mr. Howell replied that the City Planner gets a monthly update on zoning cases and he will obtain copies for the Board. Mr. Howell asked if it was mandatory for alternates to attend and Mr. Thompson replied that alternates are encouraged to attend. Mr. Ampol stated that Mr. Boeltz was unable to attend tonight because of being in the hospital. MR. Gordon referred to just receiving his notice of this meeting yesterday and after discus- sion, it was agreed that short notice was given for this meeting and the three absent will be excused. -2- MINUTES - BOARD OF ADJUSTMENT JANUARY 11, 1979 Mr. Keehr referred to Page 59 of the zoning book and advised that Paragraph 5 is a good section to read as it actually states the conditions a variance can be granted and deals with special condi- tions and hardships. Mr. Thompson agreed and added that they must also keep in mind the power of the Board. When making decisions, the only recourse a person will have is the courts. We have an important decision to make. He recommends we obtain as much infor- mation as possible. Mr. Gordon referred to having problems with 50 ft. lots a couple years ago and asked if there was anything new in regards to this. Mr. Howell informed him an ordinance was~ssed in March 1978 stat- ing an owner of a 50 ft. lot previous to that date could build on the lot and a permit can be issued. When an application is re- ceived for a 50 ft. lot, the ownership is checked for date of purchase. If it was purchased after March 1978, the applicant must come before this Board. He told about this ordinance being passed based on legal advice and explained how requirements were set for building. Further discussion followed regarding building on 50 ft. lots. Mr. Thompson stated that it must be kept in mind that each case will be judged on its merits only. Mr. Howell told about being requested to make a survey of the existing vacant lots less than 60 ft. and advised that he be- lieves the new Council is going to Rddress this. Mr. Keehr then explained the procedure of applying for a variance with an applicant applying for a permit at the Building Department and it is determined a permit can be granted or a variance must be applied for. It is then forwarded to the City ClerkTs office with forms and fee and the City Clerk verifies the documents and advertises the hearing and sets the date for the meeting. Mr. Howell added that on 50 ft. lots, the Building Department checks the tax records to see ~nen the lot was pemchased and if prior to March 1978, the application comes to this Board. If the Board would like, the date when the lot was purchased can be noted on the application and Mr. Ampol replied this would be very helpful. Mr. Thompson explained how the applications were forwarded to the members with copies of the required documents such as a recent survey no later than six months, deed showing ownership and skethh of proposed plans. Since Mr. Keehr has been working with the City Clerk, things have been in order and the pack~ge is com- plete when received. Mr. Keeh~ added that complete architectural plans are not submitted because an applicant does not want to go to that expense not knowing if he can build. Mr. Gordon asked if each member could have an updated zoning map and Mr. Howell replied that he would supply them and added that each application has an area map for their convenience also.with each application. -3- MINUTES - BOARD OE ADJUSTMENT JANUARY 11, 1979 Mr. Howell explained how the zoning books were updated by the City Planner and advised when a new page is received, it should reptaee the old page. Mr. Ampol questioned the number of members needed for a quorum of the Board and Mr. Thompson replied that five members must be pre- sent and five 9ores are needed in favor of the application. He added that t±mes when only five members were present, the appli- cant was informed of the situation and he was given the preference of withdrawing his application until another night if it was felt to be to his advantage. Mr. Slavin referred to the deed being difficult to read on the application distributed tonight and Mr. Howell informed him that Mrs. Padgett could give him all the information. Mr. Slavin re- ferred to the indenture being dated January 16, 1954 and Mr. Keehr agreed and explained that these people wanted to sell it and a purchase agreement hinges on obtaining a variance. Further discussion followed regarding this transaction and Mr. Thompson recommended not pre-discussing applications and suggested that the application could be researched with the City Clerkfs office or Building Department. Mr. Thompson advised that he will prepare an agenda for the meet- ings and added that he likes to take themapplieations in alphabe- tical order. Mr. Keehr stated that if it was felt the City Attorney would be of some value for a certain ease if enough notice is given prior to a meeting, he is sure he can be present on the Board for a particular meeting. Mr. Howell added that a case can always be held over if legal advice is needed. Mr. Pizzi suggested that an opinion be obtained to clarify major and minor repairs since this was a question just recently and Mr. Keehr replied this must be answered by the Planning $ Zoning Board and he has made a request of the City Planner. Mr. Pizzi stated he thinks the City Attorney should give an answer on this. Mr. Thompson referred to having suggestions for the City and advised that anything put in the m~nutes will be read by the City Council members. Adjournment Mr. Ampol made a motion to adjourn, seconded by Mr. Gordon. Motion carried 6-0 and the meeting was properly adjourned at 8:00 P.M. Suz~enM. Kruse, Reeordi~ g Secretary (One Tape)