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 -