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Minutes 06-11-84MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JUNE 11, 1984 PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Joseph Moore Paul Slavin Ben Uleck (entered meeting at 7:25 P. M.) Lillian Artis, Alternate Harold Weinberg, Alternate Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:00 P, M. and said they had a full Board. As Mr. Uleck had not arrived, Mr. Weinberg took his place on the Board. Chairman Thompson introduced the Deputy Building Official, Members of the Board, and the Recording Secretary. He recognized the presence of Mayor Carl Zimmerman and Councilman Nick Cassandra in the audience. AGENDA Since several of the Members were not present at the last meeting, Chairman Thompson said the Members who were at the May 14th meeting thought this would be the appropriate time for the election of officers. Chairman Thompson asked if it was all right to have this as the first item on the Agenda tonight. The Members agreed that the election of officers should be at the end of the meeting. MINUTES OF MAY 14, 1984 Mr. Mearns moved, seconded by Mr. Ampol, to approve ~he minutes as received. Motion carried 5-0. Mr. Moore, Mr. Slavin, and Mr. Weinberg abstained from voting as they were not present at the meeting of May 14. Mrs. Artis was present at the May 14th meeting and cast her vote to approve the minutes. PUBLIC HEARIN~ Chairman Thompson announced that there were three requests for variances. He pointed out that this is not a Board where a majority rules. Seven people will be voting tonight, and five votes will be needed to approve a request. Any three votes will deny a request. Chairman Thompson read the six - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 criteria on which a judgment is based and added that the Board Members also view the property in question. Case 960 - Lots 23, 24, 25 & 26, Block 2, REVISED PLAT OF BOYNTON HEIGHTS, as recorded in Plat Book 10, Page 64, Palm Beach County Records Request - Relief from 25 ft. rear yard setback requirement to be reduced to 13'8" rear Yard setback for construction of a garage Address - 323 N. W. 1st Avenue Applicant - Cecil R. & Aileen L. Warner Secretary Gordon read the application and the reasons listed for requesting this variance. Chairman Thompson requested Mr. Cecil R. Warner~ 323 N. W. 1st Avenue, Boynton Beach, to come forward. When Mr. Warner purchased the property in 1976, Mr. Ampol wondered if the tree was there at that time. Mr. Warner replied, "Yes." He said it got much larger in the years he has been there. There was discussion among the Members, and Mr. Weinberg pointed out that Mr. Warner wants to move the garage back so the tree will not interefere with him when he drives in. Mr. Gordon was informed by Mr. Warner that this is a two car garage. Mr. Weinberg asked if Mr. Warner intends to pave the drive- way. Mr. Warner had not intended to. He was going to put a ten foot apron in front of the garage. In other words, Mr. Weinberg said Mr. Warner will be driving on the grass. Mr. Keehr confirmed for Chairman Thompson that it meets everything except for that one setback, and the owner does not have to pave the driveway if he does not want to. As long as Mr. Warner has two off street parking places on a paved area, Mr. Keehr advised that Mr. Warner does not have to pave the driveway. Mr. Warner has a circular driveway that takes care of it. Mr. Mearns informed everyone that the City of Boynton Beach has a Tree Ordinance for the preservation of trees and asked Mr. Keehr if that is not the intent of the Ordinance. Mr. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Keehr answered that the intent of the Ordinance is to save all possible trees in any manner that we can by planning around trees if possible. With our present densities, it is sometimes very hard to do. The City has many projects where the citizens feel the trees are being maliciously torn down. When you look at the site plan, the number of units that are permitted, and the number of square feet of paving required, there is nothing else they can do. Mr. Keehr assured the Members that the City makes an effort, whenever possible, to save whatever trees they can. Mr. Keehr was talking primarily about commercial property. When they submit plans for site plan approval, a tree survey is required, and Mr. Keehr said the City looks at the tree survey, the planning, and tries to save what they can. How- ever, the private homeowner does not need permission from the City to cut a tree down on his own property if the tree is not what the City declares it to be or calls it a speci- men tree. This tree is a large ficus tree and does not fall under the category of a specimen tree. Mr. Keehr added that we are all in favor of conserving energy, and he suspected the tree throws a lot of shade on the home on a hot summer afternoon. Mr. Moore inquired whether the concrete slab is coming out of the area where the garage is supposed to go. Mr. Keehr replied, "Yes." Chairman Thompson asked if anyone wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the grant- ing of the variance. There was no response. Secretary Gordon stated that there were no communications. Mr. Ampol was informed by Chairman Thompson that all owners within 400 feet were notified, and there was no response. In looking at the proposed garage, even if it is pushed over, Chairman Thompson determined there would not be enough room. He asked Mr. Keehr to explain the rear setback on the last building. Mr. Keehr said the 10xl0 building falls under the category of an accessory building. A detached storage structure of any type construction not exceeding 100 square feet may be okayed three feet from the rear parking line and three feet from the side property line. That comes under a special category of storage buildings in rear yards. However, Mr. Keehr told the Members the other building was permitted back in 1961 and he had no record of how that was done. He added that he had the actual permit on that. Mr. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Keehr informed Mr. Ampol that it was permitted by the Building Department so apparently, at that time it was legal. , Mr. Uleck entered the meeting at 7:25 P. M. Mr. Mearns asked if the tree could be moved. There was discussion about the roots of the tree, and Mr. Keehr advised that the tree would be too large to move. Mr. Slavin moved to approve the variance for the following reasons: (1) Mr. and Mrs. Warner have owned the property since November, 1976 and are doing nothing to injure any- body. (2) To have a tree of this type remain on this property would only improve the appearance of the area. (3) There are no objections from any of the neighbors. Mr. Ampol seconded the motion. No discussion. As requested by Chairman Thompson, Mrs. Ramseyer conducted a roll call Vote, and the vote was 7-0 in favor of granting the request. Chairman Thompson commented that even if Mr. Warner put a driveway in, it would not stay down long because the tree roots would tear it up. He guessed it would be best not to put in a driveway. Case #61 - Lot 7, BOYNTON ISLES, as recorded in Plat Book 25, Page 34, Palm Beach County Records Request - Relief from 25' front yard setback requirement to be reduced to 21' front yard setback for new house under construction Address - 951 Greenbriar Drive Applicant - Henry J. Scheeringa, Agent for George W. Barrus, Owner Secretary Gordon read the application and the applicant's reasons for requesting the variance. Mr. Henry J. Scheeringa, General Contractor, 1750 Crestwood Boulevard, Lake Worth, Florida 33460, came forward as Agent for George Barrus, Owner. Mr. Weinberg noted the applicant's response to question 5 (b) of the application was, "Survey laid out on house - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 incorrectly.,, He asked whose fault that was. Mr. Scheeringa explained that they took the 25 foot setback and went to the west corner of the house at which they are 25 feet. The question here is the east side of the house (the garage part where the cul-de-sac is). That is where the setback is wrong. Mr. Scheeringa clarified that the front part is right but the garage part is wrong. Mr. Scheeringa informed Mr. Weinberg that the house is presently unoccupied and is the house that is almost on the corner of Greenbriar. Mr. Scheeringa is asking for a front yard setback. Mr. Weinberg told of measuring in front of the house. Chairman Thompson advised Mr. Weinberg that his measurement was taken from the west side of the house. What is in question is on the east side of the house. Chairman Thompson referred to the hardship, "That special conditions and circumstances exist which are peculiar to the land · ." He pointed out that there is a cul-de-sac, which makes it special, and the property would fall under that. Chairman Thompson felt that was something the Members could not overlook, whether the request is granted or not. By having the cul-de-sac and being the last lot there, he said it is, without a doubt, an odd shaped lot. If they look down the street, Chairman Thompson said the Members might have seen that the house is in line or it would be in line with the rest of them because it is back on the corner where the first measurement was taken. Once again, because the cul-de-sac is there, it causes that house to intrude inside the 25 feet. Mr. Weinberg asked what alternative the Board Members had. He pointed out that the applicant cannot move the house. Chairman Thompson replied that it could go either way. If the Board denies the request, the applicant would have to make an adjustment. There is not a condition that cannot be corrected. Chairman Thompson explained that there have been other conditions where owners had to remove part of the house because they were within the setback. He advised that the Board Members will have to give an honest opinion on whether it would fall into a hardship. Chairman Thompson expressed that he would say it was certainly a self-imposed hardship. There was no question about the amount of property because there was enough to construct anything on it. However, Chairman Thompson could see that it could be an oversight because it measures 25 feet back on the west side. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Speaking for the Building Department, Mr. Keehr said this was unquestionably an error on the part of the Building Inspector at the time of the foundation approval. He said that, in itself, is a form of hardship put on the homeowner from the mere fact that if the Building Inspector had looked a little closer, he could have prevented this. However, Mr. Keehr said they inspect thousands of homes. Once in awhile, somebody is going to make a mistake. The configuration of the lot tends to more easily lead towards a mistake. Mr. Keehr went out to see whether the home needed a sidewalk and had the displeasure of discovering this error. He said the Building Department cannot let an error like this just go. It had to come before the Board because it is a violation of the City's zoning setback. Mr. Keehr added that it is unusual. Mr. Ampol confirmed (by asking Mr. Keehr) that the applicant was asking for four feet and no more. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the grant- ing of a variance. There was no response. Secretary Gordon read a communication from Mary Stephens, 850 Horizons East, Apt. 206, Sterling Village, Boynton Beach 33435, stating that she had no objection to the grant- ing of the variance. Ms. Stephens wrote, "There is no way such an action could affect my enjoyment of my residence.', Secretary Gordon then read a letter from Williah H. Fuhrer, 24 Puritan Road, Fairfield, Connecticut 06430, (Bldg. 370, Apt. 312, Sterling Village) as follows: "Why did the buildin__q d__~artment allow construction of a new house to proceed before the request for the variance for the setback was approved? Please respond before the hearing. Thank you." Secretary Gordon informed the Members that the letter from Mr. Fuhrer was not received by the City Clerk until this morning, so he guessed the City Clerk could not respond. Chairman Thompson asked that the record show that the Build- ing Department pointed out that an error had been made. When you go out and see the configuration of the lot, he could easily understand how that could happen. Chairman Thompson said all four corners of the house would have to be measured from different ways. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Mr. Slavin told of a similar situation that happened 1-1/2 years ago when a house was built on the first street west of Seacrest Avenue, south of 22nd Avenue, and they needed a variance for eight inches because of an error by the Build- ing Department. Had they spotted it immediately, the builder could have repoured his foundation. Mr. Slavin said this is a similar situation. The foundation was poured; the Building Department checked it and approved it. Through no fault of Mr. Scheeringa, Mr. Slavin said Mr. Scheeringa has a problem today. The house is empty, and Mr. Scheeringa cannot get a c/o until this matter is adjudicated by the Board. As it was only a matter of four feet and no fault of Mr. Scheeringa, Mr. Ampol wanted to make a motion. Chairman Thompson wished to first see if there were more comments from the Board Members. Mr. Weinberg called attention to the odd shape of the front and the fact that even he, when he went out to measure on the site, could not find this particular corner. When the Inspector went out, it was an empty lot with no paving. He thought with the odd configuration, the Inspector could be excused for the mistake he made in not picking up this particular corner. Mr. Weinberg felt the City aided in the errOneous construction of the house and thought the Board should go along with the granting of the request. Mr. Ampol moved to grant the variance because it was not the fault of Mr. Scheeringa and because even Mr. Weinberg, Board Member, did not get the right measurements. Mr. Gordon seconded the motion. At the request of Chairman Thompson, Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0 in favor of granting the request. Case #62 - Lots 71 & 72, THE LAWNS, as recorded in Plat Book 9, Page 69, Palm Beach County Records Request - Relief from C-3 zoning requirement of 15,000 square feet minimum lot area to be reduced to 10,000 square feet lot area to utilize said lots for permitted zoning use Address - 640 S. E. 1st Avenue Applicant - A1 Dean, Jr. - 7 - MINUTES -BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Secretary Gordon read the application and the reasons justifying the requested variance. Chairman Thompson informed the Board Members that the Building Department had information they wanted to share with them. Mr. Keehr called attention to a letter which the Members received from Henry E. Thompson, Chairman, Community Redevelopment Agency, stating that he felt this request was premature insomuch as the Community Redevelop- ment Agency (CRA) is going to create a new zoning classifi- cation for the downtown area, which this property falls into. Mr. Keehr said Mr. Thompson was asking, "Why not wait until we create this classification?,, Perhaps, even then, this property might not even be non-conforming because Mr. Keehr said when they create a classification, they will create minimum sizes, setbacks, etc. Mr. Keehr added that between the applicant's request and this hearing, the City Council extended the building mora- torium of the downtown core area for another ninety days. This would mean that even if the Board gave the applicant a variance, before he could build, the applicant would have to get another variance from the CRA. The CRA has the power to give a variance if they feel the structure is in line with the intent and purpose of the redevelopment. Conse- quently, Mr. Keehr said it boiled down to a decision this Board had to make regarding the urgency of the variance re- quest. He reiterated that if the Board grants a variance, the applicant could not get a building permit without another variance from the CRA. Mr. Keehr noted that Mr. Thompson said the application was premature and commented that perhaps Mr. Thompson was saying he would nOt be in favor of anything being developed here. That was the reason Mr. Thompson had written the letter and the reason Mr. Dean was here because, Mr. Keehr continued, when Mr. Dean submitted his application, they thought the moratorium.would be over. Mr. Slavin asked if the CRA can assert the powers of the Board of Adjustment. Mr. Keehr answered, "No." He repeated that if the Board grants the applicant a variance, the Board would on this date make the property buildable and conformed. The applicant could build a building on it, but Mr. Keehr pointed out that the City has another ordinance that says the applicant could not build because he happens to be in the redevelopment area and can only build with a variance from the CRA too, so it would amount to two variances. - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 Councilman Nick Cassandra informed the Members that the CRA has the right to recommend approval or disapproval of any person building in the downtown. It also goes to the Planning and Zoning Board for approval or disapproval and then to the Council for approval or disapproval because the City does have a moratorium. The reason for the moratorium was because of a very strong concern that all of these monies being spent for this development might get buildings there that do not conform to what is "downtown development,,. Because of that concern, the Council said to hold back a little bit in building until the City can see what the plan of the downtown is. Councilman Cassandra said the City had a three months, moratorium, and the Council extended the moratorium another three months so there would not be a lapse of time. The plan was just submitted, and Councilman Cassandra said the CRA will submit a Central Business District Ordinance telling what should be built. If it was proper, Councilman Cassandra said he would question the legality of what the Board Members wanted to do tonight. He asked if they would be hurting what the City has intended, Councilman Cassandra said they are a qualified judicial body, and the Members had the right to grant the variance. As Mr, Keehr said, the applicant must get a permit to build, and he will not get a building permit. Councilman Cassandra did not want the applicant, who sub- mitted money to speak to the Board of Adjustment, to lose that money. He pointed out t'hat it was possible not to charge the applicant again to come back before the Board to get some kind of direction at that point, but the decision was the Board's decision. In view of being enlightened by Councilman Cassandra, Mr. Slavin asked if it would be feasible for the Board to table all of the action on Mr. Dean's application until such time as the moratorium is lifted so the Board will know where they are going. He also questioned whether it was fair to Mr. Dean, who has invested money and time, to hold him up another ninety days. In view of the statements of Councilman Cassandra and Mr. Keehr, it seemed to Mr. Weinberg that even if a variance is granted by the Board, the applicant will not be able to do anything until the moratorium is lifted. As Mr. Keehr mentioned, when the CRA is through with their plans, Mr. Dean's property may be conforming, and he may not need the services of the Board of Adjustment. In any event, by - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 tabling the request tonight, the Board will not be holding up Mr. Dean. Mr. Dean will not be able to do anything under any circumstance. Mr. Weinberg began to make a motion, but Chairman Thompson requested that he wait. Chairman Thompson pointed out that the CRA was asking that the Board hold off. That was why Chairman Thompson stopped the case at this point. The Board cannot table What comes before the Board but has to act on it. They have only read the application for the record. Chairman Thompson agreed it might be premature to get into it and that the Board should wait the ninety days and look at the other side of it. He pointed out that the applicant could not do anything with it anyway. There was discussion as to whether it should be tabled. Mr. Keehr advised that "continuance., would be the proper term. Chairman Thompson felt it was only fair to the City, as well as those involved in planning for the downtown area, to wait and see what comes out of that. He also wanted the record to show that if the CRA makes a decision on it and it does not require a variance, the applicant should be given back his application fee. Maybe he was stepping out of bounds, but Chairman Thompson did not think it would be fair for the applicant to have to pay the fee. He explained that he was saying that because the Board has not heard the case. Councilman Cassandra thought the Board should see if the applicant would go with the continuance idea. Once the Board listens to the applicant, Mr. Slavin thought the case would be on record. Councilman Cassandra replied they would just be asking him if he would go with the continuance. Elizabeth Bingham, Trustee for 112 South Federal Highway, Boynton Beach, expressed that this is quite a procedure. She asked if the case is continued for ninety days, will the City again notify the abutting property owners. Chairman Thompson replied that they would be notified. He then requested Mrs. Ramseyer to make a note in the minutes that the City Attorney give the Board a ruling on whether it will be necessary to readvertise the case. Chairman Thompson requested the applicant to come forward. A1 Dean, Jr., 921 Cypress Drive, Delray Beach, Florida agreed to the continuance. He said he had not heard any- thing like this before himself but he had no immediate plans for building. Mr Dean just wanted to clear the title on - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 the property so he could do something on it. "Sure. That will be fine." He stated, Mr. Dean asked if they were saying that by the time the moratorium is up, they will have the rezoning. He meant if there is not a continuance on the moratorium. Councilman Cassandra said it is possible. Chairman Thompson wished the records to show that this Board will, if necessary, continue to hear the case at a later date (They do not know the date it will be heard.). A vote was taken on the suggestion, and it carried unanimously 7-0. Mr. Mearns suggested that the Members keep their files on this case and not destroy them. ELECTION OF OFFICERS In view of the fact that the whole Board was present, Mr. Slavin moved that the present slate of officers continue for the ensuing year. Mr. Ampol seconded the motion, and the motion carried 7-0. NEXT MEETING - JULY 9, 1984 AT 7:00 p. M. Chairman Thompson was sure Mr. Keehr would like to know how many Members would be present at the next meeting. Mr. Keehr informed the Members that he has three or four cases for July. The Members began taking a count of how many Members would be present and decided there would be a quorum. Chairman Thompson told the Members that the City Clerk has asked that if Members are going to be absent, they should call the City Clerk. Chairman Thompson urged that the Members not wait until the last minute because it causes a problem with the Building Department. CIRCLES ON MAPS Chairman Thompson requested Mr. Keehr to circle the property in question on the copies of the maps because it is hard to find the numbers. The Members agreed. Chairman Thompson said if the map is circled, he can count the numbers. In the last two months, Chairman Thompson said there have been no circles. Mr. Keehr was surprised because he makes the circles. He noted that the Members were right. There was discussion among the Members about the difficulty they have - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JUNE 11, 1984 had finding properties. Mr. Keehr said he would make a suggestiOn that the City Clerk send out maps with circles. ADJOURNMENT Mr. Ampol moved, seconded by Mr. Mearns, to adjourn, and the meeting adjourned at 8:10 P. M. - 12 -