CORRESPONDENCE
LAW OFFICES
SCHMIDT & PHETERSON
PETER H. SCHMIDT
I. JEFFREY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FLORIDA 33432-6024
TELECOPIER (561) 394-6775
TELEPHONE (561l 394-2700
BROWARD(954)426-0433
Imrm @ m n w m ,m
I; ii : MAY 1 4 1998 ' !
May 12, 1998
VIA FACSIMILE TRANSMISSION
Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: 658 Manor Drive (Barbara Bradshaw, Owner)
Dear SirIMadam:
This correspondence serves as a request for postponement of the public hearing today on
the zoning code variances sought for 658 Manor Drive, property owned by Barbara Bradshaw,
agenda items 7.A.1 and 7.A.2.
The reason for the requested postponement is that the agent, Peter H. Schmidt, has had
a death in his family and he is currently in central Florida attending the funeral of his wife's
father. He will not be able to attend, and no other persons are familiar with the details involved
with the set back requirements and minimum square foot requirements involved in these two
requests for variances.
Consequently, a postponement is requested to the May 26, 1998 meeting. This request
for postponement is respectfully made and is not for the purposes of delay.
Thank you for your consideration of this request. It is my understanding that I need not
attend the meeting this evening. If I am incorrect, please contact me.
Sincerely,
IJP/jdn
cc: Michael Rumpf
Barbara Bradshaw
-----
c: \phs\bradshaw\boybch-4
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments., /f rJ~,'"
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R. L. pocsik
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Betty J. :P csik .
626 Northeast 10th Avenue
Boynton Beach, Florida 33435
Property Control Number:
08434521320030150,
and 08434521320030170
Date:
~~/ 7; / 9Y?
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments.
~~lV~~~~~
5405 Washington Road
Delray Beach, Florida 33484
Property Control Number:
08434521 20 20 70
Date:
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments.
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Sandra L. Davis
633 Northeast 10th Avenue
Boynton Beach, Florida 33435
Property Control Number:
08434521320020140 B
Date: fill A-y 1, J f tJ
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments.
,:5//dd c< a {~'k).(.;.:{,~ 2~zd
Sandra L. Chaverra
633 Northeast lOth Avenue
Boynton Beach, Florida 33435
Property Control Number:
08434521320020130
Date: /YJ/l-v ~ ItJ'1'6
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments.
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Property Control Number: C>8' i..f 3 '1-5 21 82-
Ob3 ~~8' I
A{~ 'if,. /99i
Date:
STATE OF FLORIDA )
) SS.
COUNTY OF PALM BEACH )
The foregoing instrument was ac~nowledged before me this
day of May, 1998, by \'~I'tRI~ fdwOP-.ds , who
~
(Notary must check applicable box)
~ is personally known to me.
o
produced current
identification.
Florida
driver's
license
as
o
produced
as identification.
NAME: ~JJu:t. In (~
Notary Pu ic,
State of Florida at Large
My Commission Expires:
. """""",...",......, ,......""...,.,...,",...,,,...,',........."'...'1"
\' ..t-~Y "fie. Marguerite Lachapelle, ~
: . :l..J-<- Notary Public, State of Flonda (
. : '!J.~;~'/t~ Commission No, CC 645459 ~
'. '1'1:-0 ...<:;<f! My Commission Exp, 05/0812001 (
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:' 1_800_3.NOTARY - Fla. Notal)' Service & BODding Co, ,(
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ZONING DEPl
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Planning and Development Board
City of Boynton Beach, Florida
Post Office Box 310
Boynton Beachr Florida 33425-0310
Re: Barbara Bradshaw
658 Manor Drive
Zoning Variances
Dear Board Member:
As an owner of real property in the immediate area of 658
Manor Drive, I support both of the Applications for Variance of
Barbara Bradshaw to be able to use her property as rental
apartments.
u~ ~\ cJAh'-
Linda F. Coshun
657 Manor Drive
Boynton Beach, Florida 33435
Property Control Number:
08434522000030070
Da t e : 5- 'if . 7 'Z
i$,.i';:A~'rt.~~ Mara Greenberg
\*i. .t:~ MY COMMISSION # CC706267 EXPIRES
~i"' .i:#:.~ January 4, 2002
. "Rr.,~~'" BONDED THRU TWY FAIN INSURANCE, INC
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04-09-98 03:31PM FROM SCHMLD1 & PHETERSON
POl
LAW OF !"Icel>
SCHMIDT & PHE:TERSON
.."Tell H. .lOltMIOT
I. .110"1' ""., I4CTC"MN
4tOQ GOI,ITH I:llXlt ItIOIt....AY
THIO MlJOII . GVITC 4tIO
60CA RATON, F~O"'IO'" ;);)4:iZ.G02<\
TC;L.CGQI' 1 Ii II laoll :;MI4.07'1'1,I
TIiL....."ONC 1$011 ::1...0:700
O"OWMDleG~I.IO.04~::l
~~CSIMIL~ TRANSMITTAL MEMO
TIME:
April 9, 1998
c5( , 'OJ (J
DATE:
..
TO: M~cbael w. Rumpf, Senior Planner
compreben.ive planning Divi.ion
FAX NO. : ( 5 Ei 1 ) :3 7 5 .625 51
FROM:
-r ir-c::~
TOTAL NUMBER OF PAGES (Including Cover) : ~ (~) 3
Peter H. Schmidt
REFERENCE:
Barbara R. Bradshaw
658 Manor Drive
MEMO:
The information in this facsimile ~s confidential and may also be
attorney-privileged. The information is intended only for the use
of the individual or entity to whom it is addressed. If you are
not the intended recipient, or the employee or agent responsible
for delivering it to the intended recipient, you are hereby
notified that any use, dissemination, distribution or copying of
this communication is ~trictly prohibited. If you have received
the facsimile in error, please immediately notify us by a collect
telephone oall at (561) 394-2700, ~ return the original message
to ue at the address above via the u.s. Postal Se~vice. Thank you.
04-09-98 03:37PM FROM SCHMIDT & PHETERSON
P02
L"'W C 'neE.
SCHM lOT & PHt:TER$ON
,oll:lll:.. H, &CI4Mlg,
" oI,~,...II:V 1"141l:n;..aON
~oo SOUTH' (1(,11: HIGHW"'Y
TI~1l: MllOf, . SUITt .20
Bce", R"'TON, (Lr fI,t)" 334311,8014
'l"lLECOPOIr...: ieU 3..,.7711
TII:~II:"HONII: ("113114.ll QO
.nOWA"O(~'41.2.'04)3
April 9, 199a
FACSIMILE TRANSMISSION
(561) 375-6259
Michael W. Rumpf, Senior planner
comprehensive planning Division
planning and Zoning Department
City of Soynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
Res Barbara R. Bradsha~
6Se Manor Drive,
Application for Zoninr Variances
(Square Footage and S<t-Baoks)
Dear Mr. Rumpf:
Pleaae accept this letter a3 your authorization to remove tbe
above-referenoed matt;ers from i he April 14, 1998 agendcl of the
Planning and Development Board. Pursuant to our recent dis,:usnion,
this request is being made dUf, to the errclr in the Nol'ices elf
Public Hearing.
When both Notices are re-p1Iblished, ':.he Notice relat lve to a
reduction in the required minirrl.1m 750 square feet of liv Lng a:r(~a
for an apartmenc unit should i n( ~lude all of the following;
A. :3 '; 0 square feet for Unit 5 i
B. 3~i3 square feet for Unit 6i
c. 5t,5 Elquare feet for Unit 7t
D. 568 square feet for Unit 9 ; and
E. 499 square feet for unit 10.
It is my understanding th"t you will atter.\pt to re-publi13h
both Notices of Hearing-fQ.r the earliest posaible hearing da\;e
(,~Ae . , ~OP~fU: ly :~~~~ ~!l~~:t rtc
tp) /0 c:-fpr'l"r ///1 ;""" .
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04-09-98 03:37PM FROM SCHMIDT & PHETERSON
P03
Michael W. Rumpf, Senior Planner
April 9, 1998
page 2
If }"(IU have dny questions relative to this matter, or if you
or your staff require any additional information, please contact:
me.
Peter H.
PHS/cf
ce: Barbara R. Bradshaw
original: Regular Mail
SCHMIOT & PHETERSON
I"T1'O~N.TII AT ~...w
eoc... RATON, rLO~lg'"
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L.AW OFFICES
SCHMIDT & PHETERSON
~ETER H, SCHMIDT
I, JEFFREY ~HETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FL.ORIDA 33432-6024
TEL.ECO~IER (407) 394-6775
TELE~HONE(407)394-2700
BROWARD(9541428-0433
mr~ @ ~ IT wit,'
i.JLJ' 830. ,t"
1.-1
December 24, 1996
Mr. Al Newbold
Building Department
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
, .
......,-.-...-.... .,.....~~----.....J
. . ....4
. '-'~'''',"",--.,----,
HE: Barbara Bradshaw;
Building Permit Number 95-2887
658 Manor Drive
Boynton Beach, Florida
Dear Mr. Newbold:
Thank you for taking the time to discuss the above-referenced
matter with me yesterday. Per your request, I contacted James
Cherof, Esquire. He informed me that Michael Pawelczyk was now
handling this matter and that Mr. Pawelczyk would return to his
office on Monday December 30, 1996. At that time Mr. Pawelczyk
will contact me to arrange a mutually convenient date and time for
all of us to meet.
Finally, the purpose of my December 12, 1996 letter to william
v. Hukill (which included the revised architectural plans) was,
among other matters, to resubmit the revised architectural plans
for review by the Building Department. The resubmission of the
plans was made in an attempt to resolve ONE (1) or more of the
outstanding issues (eg. the Fire Separation matter and zoning
issues) hopefully, in order for.us to deal with only the remaining
issues at our forthcomin~/~e!-ln'g.-
," ../ \ ,.-'
I look forward to m~eting with you and Mr. Pawelczyk.
. -"
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Permit No.
Date Issued
4486
12/19/60
5897
2/12/64
6035
7/7/64
6267
2/2/65
9727
No date
83-1527
8/9/83
85-0601
3/15/85
A: BRADSHAW. CH
(4)
Work Pe1.-i tted
1120 N. Fed. Hwy - Sign - No
microfilm.
1120 N. Fed. Hwy. - Sign
permit for double sided sign
Park Shore Manor.
1120 N. Fed. Hwy. - Porch
addition for Park Shores Motor
Court.
1120 N. Fed. Hwy. permit for
two slabs.
1120 N. Fed. Hwy. - Replace
previous free-standing sign -
sunrise Motel.
1120 N. Fed. Hwy. - Re-roof -
Built-up 35 Sq. Ft. flat for
Sunrise Motel.
1120 N. Fed. Hw~. - Install
temporary information sign -
Rustic Retreat Retirement
Motel.
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pennit No.
Date Issued
Work Permitted
9382
6/26/73
658 Manor Drive - Air
conditioner for house. One
separate central unit for
entire house.
10367
No date
658 Manor Drive - 187' of
fence.
13010
12/3/74
658 Manor Drive - Re-roof - No
microfilm.
86-1407
4/28/86
658 Manor Drive - sprinkler
System
658 Manor Drive - Re-roof of
flat deck on part of building
25 Sq. Ft. - Doug Roark,
owner.
78-2185
11/14/78
660 Manor Drive:
4614
3/24/61
660 Manor Drive - Addition to
rear structure, electrical was
to add 1 circuit to existing
service at spare. Block
walls, 2" X 8" joist @ 16"
o.c. with a built-up roof with
lath and plastered walls and
ceiling. Rear of existing
structure has many angles and
does not look like anything I
have seen at 658 Manor Drive.
710 Rider Road:
1114 North Federal Highway:
'........
/ , .....
710 Rider Road" .~. . Fen~J-.i ::"h,ind
building at six location or
total of 105', ;3,' high"~h
link.- -..-<?)? '>:;.
" :J ""...... ~~ c;
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1114 N. Fed. Hwy. - Sign,.for
diner called Three Seas];)'tner
on u. s . 1 - Fed. H~~,--.:-"
1120 North Federa1 Highway d/b/a Sunrise Motel, Park Shores
Manor, Palm Shore Motel:
8/4/69
1154
3881
No date
547
No date
1120 N. Federal HWY. -Fence
3807
No date
1120 N. Fed. HWY. - Addition -
Park Shore Motel - No
microfilm.
(3)
pennit No.
651 Manor Drive:
1499 -
656 Manor Drive:
7015
9931
658 Manor Drive:
600
5336
.4 5568
8979
Date Issued
8/24/69
12/7/66
No date
5/1/69
7/27/62
\ ,,"ll2 7/6'3
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199.~ .- :
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5/24/73
Work Permitted
651 Manor Drive - Re-roof and
addition with electric - $400
value.
656 Manor Drive rather than
658 Manor Drive, two
apartments 1298 Sq. Ft.
Previously permitted units
with pool.
656 Manor Drive rather than
658 Manor Drive - Fence around
pool - 98' of 4' high fence
between property.
658 Manor Drive - Addition -
20' X 16' built-up roof, block
walls, 4" slab, no stucco, 2"
X 10" wood joist @ 16" o.c.
with no ceiling placed at the
northwest corner of single
family house with future
expansion noted to connect to
west side of addition.
658 Manor Drive - Enclose
existing slab 12' X 151 into
tool shed. No electrfc, no
plumbing, no plans submitted.
658 Manor Drive - Addition,
one room on 2nd floor of
existing building with one
bath. Plot plan shows 658 as
an existing single family
house. Walls CBS, roof-
tar/gravel, floor - wood,
anchoring - steel, ceiling
plaster. plans show water
heater is located under
upstairs bathroom.
658 Manor Drive - Re-roof - No
microfilm.
(2)
Please refer to the attached narrative for the following permits
which are applicable to the following addresses:
651 Manor Drive: Permit No. 1499
656 Manor Drive: Permit Nos. 7015
9931
658 Manor Drive: Permit Nos. 600
5336
5568
8979
9382
10367
13010
78-2185
86-1407
660 Manor Drive: Permit No. 4614
710 Rider Road: Permit No. 1154
1114 North Federal Highway: Permit No. 3881
1120 North Federal Highway d/b/a Sunrise Motel, Park Shores
Manor, Palm Shore Motel:
Permit Nos. 547
3807
4486
5897
6035
6267
9727
83-1527
85-0601
(1)
/
BUILDING DIVISION
MEMORANDUM NO. 94-275
November 21, 1994
To:
Carrie Parker, City Manager
From:
Don Johnson, Code compliance Administrator
Re:
Barbara Bradshaw property
658 Manor Drive
pursuant to your request, after extensive research of City
records, I submit the attached report.
Observations reflect that many permit numbers, using surrounding
neighborhood addresses, were inadvertently placed on the land
file cards and tax roll paperwork for 658 Manor Drive.
Hopefully the documentation attached, listing permit n~~ers and
respective addresses, will clarify information.
If I can be of further assistance, please let me know.
DJ:mh
Atts.
cc: William V. Hukill, P.E.
Milt Chief Plan Review Inspector
~ . ~~':~
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A: BRADSHAW. CM
Located to the west of the single-family residence is a small
slab and driveway to the slab which would allow parking of two
more vehicles.
During the occupational License inspection, the inspectors
noticed the following:
1. Tenant separation has not been maintained.
2. Emergen~y egress openings have not been addressed.
3. Minimum height in some apartments is not seven feet.
4. Each apartment, if zoning requirements will allow them to be
permitted, would require a bathroom and a kitchen.
5. Nu~erous violations of the Minimum Housing standards exist,
eg.: missing or torn screens, weatherstriping and thresholds
need replacing and adjustments, holes in walls need to be
patched, windows need to be replaced or repaired, shower
floors and walls shall be impervious to water, slabs and
sidewalks need to be patched so not to create a tripping
hazard, etc.
6. Bathrooms must be properly ventilated.
PLUMBING
1. EXisting plumbing fixtures in need of replacement or repair.
2. Damaged piping is in need of replacement or repair.
3. Bathrooms and sinks have been installed without permits.
4. Open sewer pipes need to be properly sealed.
5. Swimming pool safety enclosure shall be maintained with self
locking gates and be a minimum of four feet in height.
ELECTRIC
~_.- --.
." _ I') t ! ..;. . ~
/-----.."./,.
1.
Exposed wiring shall be properly sealed.
'.
2.
.:'
Damaged or missing fixtures need to be replaced.f....;~i'\ "> - -", .~ i:::\
.) r)9, 1-01'
_, i. I~ -,'-~ j--
Blanks needed at open breakers in panel. ,~J9,S ~ S'
, : /j
Extension cords shall be removed and fixtures propelilYW,~r,e.9'
or plugged into receptacles. .'.(.._,--",<, ~o/
.:._~
AQ~1-1lM /
Don Jo son
3.
4.
DJ:pm
o
MEMORANDUM
December 4. 1991
TO:
Don Jaeger, Building Offic~al
FROM:
Don Johnson, BUilding Compliance Administrator
RE:
OCCUPATIONAL LICENSE - 656 AND 658 MANOR DRIVE
concerning the status and research that has been performed on the
above address, I offer the following:
656 Manor Drive was constructed in two phases. The front portion
consists of a residential apartment, office, utility room and an
open roofed patio area. The back portion of the building
consists of two apartments that were permitted. The total amount
of legal apartments this address has had permitted is three.
Presently the front portion of the structure has had an
unpermitted apartment constructed in the utility - office area of
this building.
658 Manor Drive consists of four various structures. The first
structure is the front building, which is a single-family
residence with an attached screen porch in front and an attached
carport. Attached to the single-family residence in the rear is
the second structure, which is a two-story structure. The
two-story structure was constructed with an apartment above and a
utility room area below. The third structure is a pump house
that is located directly to the rear of the single-family house,
attached by a small roofed area to the single-family house.
Located to the northwest of the single-family residence is the
fourth structure, approximately 191 X 24'6" CBS structure. This
structure was permitted with the four walls, roof and electrical
outlets only.
The total amount of legal living units this address has had
permitted is two. Presently, this address has five living units.
The single-family residence has three apartments that have been '\
constructed in it and part of one of the apartments in the 1 __;-:_ CO,",)'.'
single-family residence extends into the bottom floor of the" '." ~'. '_?
two-story, attached structure, that was a utility room. The -''Jo,!.}.'~
two-story attached structure has an apartment that was permitted .~,
on the second floor. '
The unattached structure, measuring approximately 19' X 24'6" ha$./'
had interior walls, kitchen and bathrooms installed without - ~-
benefit of permits and inspections.
The site has only five off street parking spaces located only at
658 Manor Drive. These parking spaces consist of the carport
attached to the single-family residence and two driveways that
are in front of the single-family residence for a total of three.
J1ie City oj
r.Boynton r.Beacn;
Di
100~. 'Boynton 'Beadi. 'Boukvara
P.O. f}J~310
'Boynton 'Btadi., 1'foritla 33425.0310
(407) 738.7480
December 6, 1991
Richard Limehouse
215 Mediterranean Road
Palm Beach, Beach, FL 33406
Dear Mr. Limehouse:
This letter is in response to your application for occupational licenses
at 656 and 658 Manor Drive. After receiving the license application,
the Building Department has done extensive research, both in-house and
in the field, regarding your request. We have determined, through the
available documents, that three apartment units lawfully exist at 656
Manor Drive and two at 658 Manor Drive.
In order to receive an occupational license for rental units at this
location, you must either permit the unlawful units or else return the
structures to their original lawful condition. The intensification of
this property will require the site to comply with all present day city
ordinances and building codes. Water and sewer capital facility charges
and county impact fees must also be collected.
Please reference the attached memorandum to me from Don Johnson,
Building Compliance Administrator, as to the current status of this
project. Also, bear in mind that we can only issue an occupational
license to the valid owner of these properties.
If you require further assistance from the Building Department, please
call Don Johnson at 738-7480.
Sincerely,
D.(1l1ger
B~~Official
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Attachments ~
XC: Don Johnson, Building compliance Administrator
Betty McMinamen, Occupational License Administrator
Central files
MANOR. DOC
>ImcrUas (jateway to tftt (julfstrcam
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BUILDING DIVISION
MEMORANDUM NO. 94-292
December 21, 1994
TO:
William V. Hukill, P.E.
Building Official
FROM:
Don Johnson
Building Compliance Administrator
RE:
BARBARA BRADSHAW PROPERTY - 658 MANOR DRIVE
On April 21, 1994, Barbara Bradshaw requested an occupational license
inspection for 658 Manor Drive. This property had been left in a
deteriorated state and my records for an occupational license request at
this address date back to December 4, 1991 when Richard Limehouse
requested an occupational license.
At the time of Mr. Limehouse's request, I did a report (copy attached) for
the Building Official at that time, Don Jaeger. Mr. Jaeger then conferred
with Chris CUtro, the Planning & Zoning Director at the time, and a letter
was generated from Mr. Jaeger to Mr. Limehouse dated December 6, 1991
(copy attached) .
My inspection on April 21, 1994 revealed the same findings as my December
1991 report indicated. I addressed the various code requirements and left
Mrs. Bradshaw with copies of the violations.
Prior to Mrs. Bradshaw purchasing this property, she had come into the
Building Department to obtain any previous documentation concerning this
property. She and her contractor, Gary CUmmins, met with both Milt Duff,
Chief Plan Check Inspector, and me. At that time, both she and
Mr. Cummins were aware of the problems concerning this property.
It is my opinion that in order for Mrs. Bradshaw to legally occupy these
structures in the manner she is requesting in her occupational license
application, she would need to have an architect draw plans meeting all
applicable codes and have licensed contractors file applications, secure
permits and receive all applicable inspections. It is my belief that the
architect may have difficulty maintaining the minimum square footage
requirements, minimum ceiling height requirements and proper tenant
separation.
DJ:bh
Attachments
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MAHOR,'S8
william V. Hukill, P.E.
December 12, 1996
Page 3
If, however, it is the position of the Building Department
that the ONE (1) inch ceiling height nonetheless is still an issue,
please let me know. If such is the case, I will request a variance
(on behalf of Ms. Bradshaw) from the Board of Adjustment.
Certainly, if I have misunderstood and/or misinterpreted any
of the issues set forth in the 2nd Review Plan Review Comments, I
would appreciate the opportunity to meet with you, or a member of
your staff, in order to have a more thorough understanding of any
remaining issues so we can move forward in resolving them.
~
Peter H. Schmidt
PHS/cf
Enclosures
cc: Barbara R. Bradshaw
George C. Davis
Jerzy Lewicki
Code Enforcement unit
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SCHMIDT a PHETERSON
ATTORNEYS AT LAW
BOCA RATON, F"L.ORIOA
william V. Hukill, P.E.
December 12, 1996
Page 2
Based on my review of Ms. Bradshaw's efforts to obtain a
Building Permit, I have concluded that it appears that Ms.
Bradshaw's architectural plans were never submitted to the Planning
and Zoning Department for their review. If my conclusion in this
regard is inaccurate, please let me know. As a result of my
conclusion, and in an effort to commence the resurrection of the
Building Permit application process, I met with Jerzy Lewicki of
the Planning and Zoning Department on October 30, 1996.
The primary purpose of that meeting was for me to obtain a
better "grasp" on the planning and zoning issues. Based upon the
2nd Review Plan Review Comments, it appeared as if the Planning and
Zoning issues dealt solely with the Nonconforming Structures
section of the Code as to minimum yard setback requirements and
floor area requirements.
Based on the results of that meeting, as well as my review of
the City of Boynton Beach Planning and Zoning Code ("Code"), it
was, and is, my understanding that the prior improvements to the
Real Property, as well as the actual use thereof since 1952, both
come within the Nonconforming Structures section of the Code and
the Nonconforming Use of Structures section of the Code. Conse-
quently, I understand that, if any Planning and Zoning issues still
remain (none of which I am presently aware), they can be dealt with
through a request for a variance before the Board of Adjustment.
As to the outstanding issues with the Building Department, I
have worked closely with Ms. Bradshaw, and her architect, George C.
Davis, in an effort to resolve such matters.
According to the 3rd Review Plan Review Comments of May 15,
1996 (copy attached) the corrections from 2nd Review (copy
attached) were "not made." However, as to the Building Department
issue, the Fire Separation of all units, in fact, was set forth in
the revised architectural plans on page 2 of 3, but apparently was
overlooked. Also, as to the ceiling height issues, it appears that
only Unit 6 (and perhaps Unit 7) fails to meet the minimum ceiling
height by ONE (1) inch. Previously, the City approved the ceiling
height in Unit 6 and Unit 7 since Building Permits-have been issued
by the City for all prior construction and remodeling projects.
Further, Ms. Bradshaw previously was informed by staff that such
matters could be resolved by the Building Department on an interval
administrative basis. ~' "
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SCHMIDT Be PHETERSON
ATTO~NE"'S AT LAW
BOCA RATON, Fl.ORIOA
LAW OF'F'ICES
SCHMIDT & PHETERSON
F>ETER H, SCHMIDT
I. .JEF'F'REY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FLORIDA 33432-6024
TELECOPIER (407) 394-6775
TELEPHONE (407) 394.2700
BROWARO (9541 42e.Q433
December 12, 1996
BAND DELIVERED
william V. Hukill, P.E.
Building Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida
HE: Barbara Bradshaw; Building Permit Humber 95-2887;
Real Property located at 658 Manor Drive, Boynton
Beach, Florida (RReal PropertyR)
Dear Mr. Hukill:
This law firm represents Barbara R. Bradshaw (the owner of the
above-referenced Real Property) relative to the issuance of a
Building Permit for the Phase 2 remodeling of the apartments
thereon. In that regard, I have enclosed the revised architectural
plans. It is my understanding that Ms. Bradshaw has made reason-
able attempts to work with your staff relative to concluding the
Building Permit application process in order for her to commence
the Phase 2 remodeling.
In that regard, I have reviewed the various documentation as
to the history of Ms. Bradshaw's efforts to obtain a Building
Permi t for the remodeling. In addition, I have researched the
actual history of the Real Property (relative to its ownership, as
well as the initial construction, the various remodeling projects
thereto, and the actual use of the Real Property) from the time it
was acquired by J. Willard Pipes, a/k/a J. 'W. Pipes, and Jean R.
Pipes, his wife, on August 29, 1950. Based on that research, prior
to Ms. Bradshaw's acquisition of the Real Property, it has been
used continuously as rental apartments, first by Mr. and Mrs.
Pipes, since the initial construction of improvements thereon in
1952. : -; :'.
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Peter H. Schmidt
RE: 658 Manor Drive - Comments
December 16, 1996
Page Two
I am assigning this to Deputy Director AI Newbold for resolution, and by copy of this letter, I am
requesting that our city attorney attend any meetings scheduled with Mrs. Bradshaw and her
legal advisor. Mr. Newbold can be reached at 561-375-6372.
Sincerely,
tft/dV~#h~
William V. Hukill, P.E.
Director of Development
WVH:bg
XC: James Cherof, City Attorney
AI Newbold, Deputy Director of Development
Jerzy Lewicki, Assistant Planner
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_ EP ARTMENT OF DE" ~LOPMENT
BUILDING DIVISION
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
December 16, 1996
Peter H. Schmidt
Schmidt & Pheterson
400 S. Dixie Hwy.
The Arbor - Suite 420
Boca Raton, FL 33432-6024
RE: 658 MANOR DRIVE - COMMENTS
Dear Mr. Schmidt:
Thank you for your December 12 letter describing events as you understand them with respect to
subject property.
With respect to "codes," we think your reference to the "City of Boynton Beach Planning and
Zoning Code" actually refers to the City's Land Development Regulations, or at least a portion
thereof. We have no "Planning and Zoning Code." You did not mention the adopted building
codes of the City, which are referred to only briefly in the Land Development Regulations
(Chapter 20, Article I, Section 3, page 20-1). I mention that because those codes establish
building construction requirements, are administered by the Building Division of this
department, and appeals (or variances as you describe them) are processed through the Building
Board of Appeals, not the "Board of Adjustment" (actually Zoning Board of Appeals).
We don't know if your narrative describing past events surrounding this property are correct, but
will be happy to meet with you at your convenience as we have on other occasions with Mrs.
Bradshaw, Mr. Davis, and Mrs. Bradshaw's previous counselor.
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100 E. Boynton Beach Blvd.
Boynton Beach, PI 33435 Phone: (401) 315-E
PLANS REVIEW COMMENTS
Name of Reviewer
Type of Review
Date of Review
1st Review
Permitl C(S- - 2 ? g 7
Project {>/fA 17(f~A DAAO 5#d
Contractor t;; "1 IJ If tV!?/! /J~II/C-
Other 5> L, 6///g. V
Your permit application and supporting documentation do not comply with
.City of Boynton Beach Code of Ordinances as described below (see atta
sheets if applicable). Please correct documents to comply with the corm
and resubmit two (2) corrected sets of plans to the Building 01 vis
Direct any questions to the reviewer named above. If a conference witt
reviewer is necessary, an appointment is recommended. To' expedite
process, changes may be made to the permit documents at the Building Divi
by the applicant or his agent. (Proof of authorization is required of ar
other than the design professional prior to making changes to signed
sealed documents). Timely approval of your project is dependent upon
prompt response to the comments.
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phone . 7:;~'- q ft.-I Z- Name (print):
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100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-6350
PLANS REVIEW
Name of Reviewer W. F \3gQWU
Type of Review 6-pz.vc.'T U\2..A--L.
Date of Review -'."2..- \~- 9'0
1st Review 2nd Review
COMMENTS
Permit, It q~. c..~R.il
proj ect 1':AR.BA-42-~ ~ADS\-tQW
~ntractor TBA.
Other
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
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Applicant's 4- q //2- Comments rec'd. by:
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B~~T~~Na D~V~S~O~
/ 100 Bast Boynton Beach Blvd.
tf 111 f? tv( f tv p. o. Box 310
1\ Boynton Beach, Florida 33425-0310
PLANS REVIEW COMMENTS
Name of Reviewerf;06 J)OIVOI/IfN pe;mit* l~ - 2 !'7
Type of Review · 7~~r.-zHL. Project C 5 ~ 17-4(. W ,~,
Date, of Review I J- if: I I IJ/r; Contractor
1st Review n e ew other or "# r
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two ( 2) corrected sets of plans to the Bui lding Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior t~ making chanOes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
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100 E. Boynton Beach Blvd.
Boynton Beach, FI 33435
Phone: (407) 375-6350
PLANS REVIEW COMMENTS
Name of Reviewer (,{y, F 5rz-ow.J
Type of Review ~TIZ0c.."Tv{?_P,L
Date of Review .,. 11. ClCS
1st Review 2nd Review
Permitl qeo..z~~-,
project 6~lZJ3A(U:>. 'B~SHA-~
Contractor 10 13~ Ass ,"-tJtl-D '
other
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two ( 2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
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Name (print):
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***************************************************************************
L~P ARTMENT OF DEV L.LOPMENT
BUILDING DIVISION
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
December 16, 1996
Peter H. Schmidt
Schmidt & Pheterson
400 S. Dixie Hwy.
The Arbor - Suite 420
Boca Raton, FL 33432-6024
RE: 658 MANOR DRIVE - COMMENTS
Dear Mr. Schmidt:
Thank you for your December 12 letter describing events as you understand them with respect to
subject property.
With respect to "codes," we think your reference to the "City of Boynton Beach Planning and
Zoning Code" actually refers to the City's Land Development Regulations, or at least a portion
thereof. We have no "Planning and Zoning Code." You did not mention the adopted building
codes ofthe City, which are referred to only briefly in the Land Development Regulations
(Chapter 20, Article I, Section 3, page 20-1). I mention that because those codes establish
building construction requirements, are administered by the Building Division of this
department, and appeals (or variances as you describe them) are processed through the Building
Board of Appeals, not the "Board of Adjustment" (actually Zoning Board of Appeals).
We don't know if your narrative describing past events surrounding this property are correct, but
will be happy to meet with you at your convenience as we have on other occasions with Mrs.
Bradshaw, Mr. Davis, and Mrs. Bradshaw's previous counselor.
Phone: (561) 375-6350
FAX: (561) 375-6357
Peter H. Schmidt
RE: 658 Manor Drive - Comments
December 16, 1996
Page Two
I am assigning this to Deputy Director Al Newbold for resolution, and by copy of this letter, I am
requesting that our city attorney attend any meetings scheduled with Mrs. Bradshaw and her
legal advisor. Mr. Newbold can be reached at 561-375-6372.
Sincerely,
c::V ~~#k;;d(
William V. Hukill, P.E.
Director of Development
WVH:bg
xc: James Cherof, City Attorney
Al Newbold, Deputy Director of Development
Jerzy Lewicki, Assistant Planner
c:\ WPWIN60\ WPDOCS\MANOR2. WPD
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k1 v (]..... LAW OF....CES
(~ ' SCHMIDT & PHETERSON
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PETER H. SCHMIDT
I. .JEFFREY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FLORIDA 33432-6024
TELECOPIER 14071 394-6775
PLANNING AND
ZONING OEPT.
TELEPHONE C4071 394-2700
BROWARDC9541428-0433
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< fi;f~J;i^ '~t
william V. Hukill, P.E. rl~ '1 \/ ~
~~~~d~~g B~;~~~~m:~=Ch Ji; ~ i '/;/ · ~ 7,
100 East Boynton Beach Boulevard iA, JL! .,-'~)iL~~)",~/~,'~..J)
Boynton Beach, Florida ~l vff' Y ~y'~ ~'
HE: Barbara Bradshaw, Building pendt ~er 95-2887, (l~.{"~)o.
Real Property located at 658 Manor DrJ..ve, Boynton ,V,j~r ~,1i"}o
Beach, Florida ("Real Property") !();t{' L.t-1;1f y ,A/ <
v Jlv X,,,,,v;;> h/
Dear Mr. Hukill: if"! \ \'" -tV
This law firm represents Barbara R. Bradshaw (the owner of the ~jI ~~
above-referenced R(:!al Property) relative to the issuance of a /ViV1A"1I
Building Permit for the Phase 2 remodeling of the apartments
thereon. In that regard, I have enclosed the revised architectural
plans. It is my understanding that Ms. Bradshaw has made reason-
able attempts to work. with your staff relative to concluding the
Building Permit application process in order for her to commence
the Phase 2 remodeling.
December 12, 1996
BAND DELIVERED
In that regard, I have reviewed the various documentation as
to the history of Ms. Bradshaw's efforts to obtain a Building
Permit for the remodeling. In addition, I have researched the
actual history of the Real Property (relative to its ownership, as
well as the initial construction, the various remodeling projects
thereto, and the actual use of the Real Property) from the time it
was acquired by J. Willard Pipes, a/k/a J. W. Pipes, and Jean R.
Pipes, his wife, on August 29, 1950. Based on that research, prior
to Ms. Bradshaw's acquisition of the Real Property, it has been
used continuously as rental apartments, first by Mr. and Mrs.
Pipes, since the initial construction of improvements thereon in
1952.
william V. Hukill, P.E.
December 12, 1996
Page 2
Based on my review of Ms. Bradshaw's efforts to obtain a
Building Permit, I have concluded that it appears that Ms.
Bradshaw's architectural plans were never submitted to the Plann~ng
.: and Zon~n9 ~epartment for thelr revrew~--'--If my conclusIon In-thIs
regard ~s ~naccurate, please let me know. As a result of my
conclusion, and in an effort to commence the resurrection of the
Building Permit application process, I met with Jerzy Lewicki of
the Planning and Zoning Department on October 30, 1996.
The primary purpose of that meeting was for me to obtain a
better "grasp" on the planning and zoning issues. Based upon the
2nd Review Plan Review Comments, it appeared as if the Planning and
Zoning issues dealt solely with the Nonconforming Structures
section of the Code as to minimum yard setback requirements and
floor area requirements.
Based on the results of that meeting, as well as my review of
the City of Boynton Beach Planning and zoning Code ("Code"), it
was, and is, my understanding that the prior improvements to the
Real Property, as well as the actual use thereof since 1952, both
come within the Nonconforming structures section of the Code and
the Nonconforming Use of Structures section of the Code. Conse-
quently, I understand that, if any Planning and zoning issues still
remain (none of which I am presently aware), they can be dealt with
through a request for a variance before the Board of Adjustment.
As to the outstanding issues with the Building Department, I
have worked closely with Ms. Bradshaw, and her architect, George C.
Davis, in an effort to resolve such matters.
According to the 3rd Review Plan Review Comments of May 15,
1996 (copy attached) the corrections from 2nd Review (copy
attached) were "not made." However, as to the Building Department
issue, the Fire Separation of all units, in fact, was set forth in
the revised architectural plans on page 2 of 3, but apparently was
overlooked. Also, as to the ceiling height issues, it appears that
only Unit 6 (and perhaps Unit 7) fails to meet the minimum ceiling
height by ONE (1) inch. Previously, the City approved the ceiling
height in Unit 6 and Unit 7 since Building Permits have been issued
by the City for all prior construction and remodeling projects.
Further, Ms. Bradshaw previously was informed by staff that such
matters could be resolved by the Building Department on an interval
administrative basis.
SCHMIDT a PHETERSON
ATTORNEYS AT LAW
BOCA RATON. FLORIDA
william V. Hukill, P.E.
December 12, 1996
Page 3
If, however, it is the position of the Building Department
that the ONE (1) inch ceiling height nonetheless is still an issue,
please let me know. If such is the case, I will request a variance
(on behalf of Ms. Bradshaw) from the Board of Adjustment.
Certainly, if I have misunderstood and/or misinterpreted any
of the issues set forth in the 2nd Review Plan Review Comments, I
would appreciate the opportunity to meet with you, or a member of
your staff, in order to have a more thorough understanding of any
remaining issues so we can move forward in resolving them.
Peter H. Schmidt
PHS/cf
Enclosures
cc: Barbara R. Bradshaw
George c. Davis ~
Jerzy Lewicki V
Code Enforcement Unit
SCHMIDT Be PHETERSON
ATTORNEYS AT LAW
BOCA RATON, FLORIDA
-"' -- --~
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.BU::.LLDIN<.:i-
.1J..LV-LSJ-(J.a:-.
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-63~
PLANS REVIEW COMMENTS
Name of Reviewer
Type of Review
Date of Review
1st Review
permi tl C(.S- - 2- ~ g 7
Project (7/1A /'74'L!..A f>A./f1) $HI'f ~
Contractor t:: ~1... :: If!'!!?/? J}~ /1/ C-
other ~ l !Jr/6 V
Your permit application and supporting documentation do not comply with t
.City of Boynton Beach Code of Ordinances as described below (see attact
sheets if applicable). Please correct documents to comply with the commer
and resubmit two (2) corrected sets of plans to the Building Oi visic
Direct any questions to the reviewer named above. If a conference with t
reviewer is necessary, an appointment is recommended. To. expedite t
process, changes may be made to the permit documents at the Building Divisj
by the applicant or his agent. (Proof of authorization is required of any<
other than the design professional prior to making changes to signed ,
sealed documents). Timely approval of your project is dependent upon YI
prompt response to the comments.
(j) CO I<.j(f-~ T/tPA! --> FA () /7 Ac t//~h/ -tf 2-
Nt')"( 17A-/}E. .'
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"
****************************************
Applicant's Comments rec'd.
phone I 7.J l.J'- 91'-/ Z- Name (print):
Date called & caJ.ler' s ,( signature; :
~~~tials: lst?;~ ~,I/]If,~",n,~~~e J4f1.,/
***************************i
Comml
only.
Plan:
com'7l'
"DEP.A.R.-:rMENT OF DEVELOJ?ME~.
P-TILDING DIVIS' ::>N
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-635C
PLANS REVIEW
Name of Reviewer W. F \3gQuJ U
Type of Review Sl\Z.Vc..7V\2..PrL.
Date of Review \'2..- ,~- ~'S
1st Review 2nd Review
COMMENTS
Permi t, # q.:::,. c.c8R.;l
proj ec t'F:,A(2. 8 A-42-~ ~A DS+-) Q.u.J
..,9'>ntractor TBA.
Other
Your permit application and supporting documentation do not comply with thE
City of Boynton Beach Code of Ordinances as described below (see attachec
sheets if applicable). Please correct documents to comply with the commentE
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Divisior
by the applicant or his agent. (Proof of authorization is required of anyonE
other than the design professional prior to making changes to signed anc
sealed documents). Timely approval of your project is dependent upon YOUl
prompt response to the comments.
Crr'{ OF 13o"itJTotJ &Ac\-I Z30UlfJ61 \2.3 =2:0"-'6.
(t) t:::bf.S UOT m6tT f2.6A~ ~7BAC~S
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*****V*************, **.**~
Ii I ,/
I' (, Comments
1 , . on:ty_
Plans &
comments_
L~PARTMENTOFDEVL~OPMENT
BUILDING DIVISION
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
December 16, 1996
Peter H. Schmidt
Schmidt & Pheterson
400 S. Dixie Hwy.
The Arbor - Suite 420
Boca Raton, FL 33432-6024
RE: 658 MANOR DRIVE - COMMENTS
Dear Mr. Schmidt:
Thank you for your December 12 letter describing events as you understand them with respect to
subject property.
With respect to "codes," we think your reference to the "City of Boynton Beach Planning and
Zoning Code" actually refers to the City's Land Development Regulations, or at least a portion
thereof. We have no "Planning and Zoning Code. " You did not mention the adopted building
codes of the City, which are referred to only briefly in the Land Development Regulations
(Chapter 20, Article I, Section 3, page 20-1). I mention that because those codes establish
building construction requirements, are administered by the Building Division of this
department, and appeals (or variances as you describe them) are processed through the Building
Board of Appeals, not the "Board of Adjustment" (actually Zoning Board of Appeals).
We don't know if your narrative describing past events surrounding this property are correct, but
will be happy to meet with you at your convenience as we have on other occasions with Mrs.
Bradshaw, Mr. Davis, and Mrs. Bradshaw's previous counselor.
Phone: (561) 375-6350
FAX: (561) 375-6357
WI'..-
. ; . ,.
, .
,. ,
BU1LDLN'-:i
.L>..LV-L~-'-LlJ::-I
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (401) 315-6350
PLANS
REVIEW COMMENTS
Permitl C(S- - 2 ~ g 7
Project (}/fA /7~A f>A./1-0 s #/1 V_
contr~~~~~ .ti;/t~:y1;~ pLll/E-
Name of Reviewer
Type of Review
Date of Review
1st Review
Your permit application and supporting documentation do not comply with the
.City of Boynton Beach Code of Ordinances as described below (see attachec
sheets if applicable). Please correct documents to comply with the comment~
and resubmit two (2) corrected sets of plans to the Building Division
Direct any questions to the reviewer named above. If a conference with thl
reviewer is necessary, an appointment is reconunended. To. expedite th4
process, changes may be made to the permit documents at the Building Divisiol
by the applicant or his agent. (proof of authorization is required of anyonl
other than the design professional prior to making changes to signed an'
sealed documents). Timely approval of your project is dependent upon you
prompt response to the conunents.
(j) C- 0 t5.rtf-c rr~,5/ -> FA.. ~ 17 ((.C viII-V -It L
NO ( 17/1-/)E. .'
/',UIL~
.
.,
"
........*.***************.*.***********. .******************.*****..*-
Applicant's Comments rec'd.
phone I 7 J ~..- CJ ((.../ Z- Name (print):
Date. called & C,...,:a). ler, .' s, ,( signaturej:
initJ.als: lst?;6'~ 'iirfl1t1 Dat~ ",' ____---,-- 11p-~_-,~_-.J!l!L_,-----_n_-
Convne r
only
plans
commer
..LJb;.I:'~-.l:M~.1."I-.l,: O,t<'- DE V ELOPMEN'"1-- .
BU~LDING DIVISI~
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-6350
PLANS REVIEW
Name of Reviewer W. F B~:owu
Type of Review S"TlZ.Vc..TV~A-L.
Date of Review \?.-r~-~?
1st Review 2nd Review
COMMENTS
Permit, # C{~. -z.ER-il
proj ec t1SAR- ~A-42-~ &AD$t-) Q<.U
~ntractor TBA.
Other
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
Crr'i OF 13o"'f~TorJ ~AC\-t Z30u'tJ~ \2- 3 =2=o~6.
('\) ~ UOT mE:tT f2.(;/H~.. CStSTBAC~S
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**********************************************
Applicant IS A L::J /1 Comments rec I d. by:
phone << 73'1:::.( 1'-1"'2.- Name (print):
Date called &~l ria (signature) :
initials: 1st' e' ~,
2nd rd________ _,____ ""..
*****V********************
I I .J
(I' (. Comments
1 , . only_
:L' I Plans &
comments~
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 96-493
~ ~.~,~ --:-.::. ,-.... "'""'.....r--:: ~.
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December 2, 1996
~---~~.~-
TO:
Scott Blasie
Code Enforcement Supervisor .
, -1/J /
Al Newbold ~i4"
Deputy Director ofDe4pment
VIA:
FROM:
Anthony F. Occhiuzzo
Building Code Permit Administrator
RE:
STATUS OF 658 MANOR DRIVE
Please be advised that an application for building permit to provide for corrective construction at
the above referenced address has expired. In reviewing the file on this property, a few issues
appear to be pending.
1.
Based upon conditions noted by City inspections of this property, the work
proposed by the aforementioned permit application would not satisfy the noticed
deficiencies.
'1
There were three code board cases adjudicated (the last one being 94-3114) which
I have been told have been closed as complied even though none of the noted
violations have been abated.
.,
J.
Being rental property, this address has been operating without an occupational
license for at least three years.
Since no work has been permitted to correct the conditions required for occupancy and the
property is not eligible for an occupational license at this time, I would presume that this matter
needs to be turned over to the Code Enforcement Board as soon as possible for their review and
determination.
~~
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Building Division Memo 96-493 to Scott Blasie
RE: Status of 658 Manor Drive
December 2, 1996
Page Two
I would suggest the following action be recommended to the Code Enforcement Board:
a. That a building permit be applied for within 30 days of the Order by a licensed
contractor to complete all of the work outlined by the inspector's report.
b. That the work be completed within 60 days from the issuance of the permit and
successfully pass a final inspection.
c. That an occupational license be applied for within 15 days of the inspection fmal
and picked up within five days of its issuance.
d. That failure to perform any of these corrective actions would result in a fine
amount per day until the Board Order is complied with.
I would appreciate your comments in this matter.
AFO:bg
XC: Marshall Gage, Police Chief
William V. Hukill, P .E., Development Director
C:\ WPWIN60\ WPDOCS\MANOR. WPD
LAW OFFICES
00
18,3"
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c :~j i.S U
SCHMIDT 8c PHETERSON
PETER H. SCHMIDT
I. .JEFFREY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR' SUITE 420
BOCA RATON. FLORIDA 33432-6024
TELECOPIER 4407) 394.6775
L
PlANNING AND
ZONING DEPT.
TELEPHONE 14071394-2700
BROWARO(954142B-0433
December 12, 1996
BAND DELIVERED
William V. Hukill, P.E.
Building Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida
HE: Barbara Bradshaw; Building Permit Number 95-2887;
Real Property located at 658 Manor Drive, Boynton
Beach, Florida ("Real Property")
Dear Mr. Hukill:
This law firm represents Barbara R. Bradshaw (the owner of the
above-referenced Real Property) relative to the issuance of a
Building Permit for the Phase 2 remodeling of the apartments
thereon. In that regard, I have enclosed the revised architectural
plans. It is my understanding that Ms. Bradshaw has made reason-
able attempts to work, with your staff relative to concluding the
Building Permit application process in order for her to commence
the Phase 2 remodeling.
In that regard, I have reviewed the various documentation as
to the history of Ms. Bradshaw's efforts to obtain a Building
Permit for the remodeling. In addition, I have researched the
actual history of the Real Property (relative to its ownership, as
well as the initial construction, the various remodeling projects
thereto, and the actual use of the Real Property) from the time it
was acquired by J. Willard Pipes, a/k/a J. W. Pipes, and Jean R.
Pipes, his wife, on August 29, 1950. Based on that research, prior
to Ms. Bradshaw's acquisition of the Real Property, it has been
used continuously as rental apartments, first by Mr. and Mrs.
Pipes, since the initial construction of improvements thereon in
1952.
william V. Hukill, P.E.
December 12, 1996
Page 2
Based on my review of Ms. Bradshaw's efforts to obtain a
Building Permit, I have concluded that it appears that Ms.
Bradshaw's architectural plans were never submitted to the Planning
and Zoning Department for their review. If my conclusion in this
regard is inaccurate, please let me know. As a result of my
conclusion, and in an effort to commence the resurrection of the
Building Permit application process, I met with Jerzy Lewicki of
the Planning and Zoning Department on October 30, 1996.
The primary purpose of that meeting was for me to obtain a
better "grasp" on the planning and zoning issues. Based upon the
2nd Review Plan Review Comments, it appeared as if the Planning and
Zoning issues dealt solely with the Nonconforming Structures
section of the Code as to minimum yard setback requirements and
floor area requirements.
Based on the results of that meeting, as well as my review of
the City of Boynton Beach Planning and Zoning Code ("Code"), it
was, and is, my understanding that the prior improvements to the
Real Property, as well as the actual use thereof since 1952, both
come within the Nonconforming structures section of the Code and
the Nonconforming Use of Structures section of the Code. Conse-
quently, I understand that, if any Planning and Zoning issues still
remain (none of which I am presently aware), they can be dealt with
through a request for a variance before the Board of Adjustment.
As to the outstanding issues with the Building Department, I
have worked closely with Ms. Bradshaw, and her architect, George C.
Davis, in an effort to resolve such matters.
According to the 3rd Review Plan Review Comments of May 15,
1996 (copy attached) the corrections from 2nd Review (copy
attached) were "not made." However, as to the Building Department
issue, the Fire Separation of all units, in fact, was set forth in
the revised architectural plans on page 2 of 3, but apparently was
overlooked. Also, as to the ceiling height issues, it appears that
only unit 6 (and perhaps unit 7) fails to meet the minimum ceiling
height by ONE (1) inch. Previously, the City approved the ceiling
height in unit 6 and unit 7 since Building Permits have been issued
by the City for all prior construction and remodeling projects.
Further, Ms. Bradshaw previously was informed by staff that such
matters could be resolved by the Building Department on an interval
administrative basis.
SCHMIOT Be PHETERSON
ATTORNEYS AT LAW
BOCA RATON, FLORIDA
william V. Hukill, P.E.
December 12, 1996
Page 3
If, however, it is the position of the Building Department
that the ONE (1) inch ceiling height nonetheless is still an issue,
please let me know. If such is the case, I will request a variance
(on behalf of Ms. Bradshaw) from the Board of Adjustment.
Certainly, if I have misunderstood and/or misinterpreted any
of the issues set forth in the 2nd Review Plan Review Comments, I
would appreciate the opportunity to meet with you, or a member of
your staff, in order to have a more thorough understanding of any
remaining issues so we can move forward in resolving them.
Peter H. Schmidt
PHS/cf
Enclosures
cc: Barbara R. Bradshaw
George C. Davis ~
Jerzy Lewicki V
Code Enforcement Unit
SCHMIOT Be PHETERSON
ATTORNEYS AT LAW
BOCA RATON, FLORIDA
. .
~
v
" ,
!J:1 LDJ..:N<.::ir
.lJ..LV-L.:s
~~
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-635
PLANS REVIEW COMMENTS
Name of Reviewer
Type of Review
Date of Review
1st Review
Permitl C(.S- - 2 ? JJ 7
Project (7/1 A ~4'L!.A t>A/1-0 $#4 V
Contractor t:; C,I 'J /f I1!dA /J~ 11/ E...
Other ~ L, 6f//6 V
Your permit application and supporting documentation do not comply with tr
.City of Boynton Beach Code of Ordinances as described below (see attachE
sheets if applicable). Please correct documents to comply with the comment
and resubmit two (2) corrected sets of plans to the Building Divisior
Direct any questions to the reviewer named above. If a conference with tl
reviewer is necessary, an appointment is recommended. To' expedite tl
process, changes may be made to the permit documents at the Building Divisi<
by the applicant or his agent. (Proof of authorization is required of anYOl
other than the design professional prior to making changes to signed al
sealed documents). Timely approval of your project is dependent upon Y01
prompt response to the comments.
(j) CO /(/(f-~ r/tPA/5 FA t? /7 I\c t/f.k-.h/ -It L
Nt') ( 17 A-I) e. "
-1 Ytt
'J . /1: f!;1Qj/l}J
~,
If
****************************************
Applicant's Comments rec'd.
phone I 7 ],':(-91"/2- Name (print):
Date called & c6tlerls (signature): .
~~~ tials: Ist?}- . _'((]If.d.(..~~~~e ,f' /j
*****************************
Corrrnen
only
Plans
cotnr:\en
.DEPAR~ENT OF DEVEL 'PMENT.
B~LLDING DIVISION
100 E. Boynton Beach Blvd.
Boynton Beach, FI 33435
Phone: (407) 375-6350
PLANS REVIEW
Name of Reviewer W. F t5g-owu
Type of Review 6T1ZVc..TVI2-A-L.
Date of Review \'2..-\'~-<1?
1st Review 2nd Review
COMMENTS
Permit. # q~. "Zc8R5"l
proj ect 'P:,AR.B~flo ~ADS\-)Q<.U
C)i>ntractor -rBA.
v' Other
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
Crt"{ OF 13o~~To"':> ~f)c\-\ Z30tJl~6) ~. 3 COfV6.
('\) ~ UOT mEtT f2.~A~ ~7BAC~S
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I' (. Comments
1 , . on1y_
Plans &
comments_
-I7ie City of
13oynton 'Beacli
Pfanning & Zoning 'lJepartTTUnt
100 'E. 'Boynton 'Beadi 'Boulevara
P.O. 'Bo;r.31O
'Boynton 'Beadi, ',ff.orida 33425-0310
(407) 738.7490, ',f.U: (407) 738-7459
September 22, 1992
Barbara Bradshaw
P.O. Box 1342
Boynton Beach, FL 33432
Dear Barbara:
We have reviewed your survey of the property at 656-658 Manor
Drive and have made some determinations regarding the units on
the property.
The property is .901 acres and would yield 10.5 residential
units. Therefore, your desire to attempt to legalize 10 units on
the site does not exceed the maximum density allowed by the code.
The west building contains 3 permitted units and a unit which is
made up of a utility room and office. The latter unit must be
brought up to Building Code and meet the 150 square foot minimum
size required by the Zoning Code before it can be licensed.
The back building has no permits and must be brought up to meet
the Building Code. In addition, the floor area does not meet the
zoning requirements for the R-3 zoning district and would have to
go before the Board of Adjustment for a variance. I would
anticipate that such a request would not be looked upon favorably
by the Board due to a lack of a hardship.
The east structure is made up of two buildings that have been
attaChed. The first building is a house which has been
subdivided into three units. This building was legally
constructed to be one unit and the other units were created by
subdividing the main house into two units and converting a garage
into a third unit. It is my understanding that this building
will be converted back to two units thereby eliminating the third
unit. To legitimize the two units they will have to meet the 750
square foot minimum and the building code.
The second structure is a two-story building to north of the
house. The upper floor is a legally constructed unit, the lower
floor was built as a utility room and must be brought up to
building code and meet the 750 square foot minimum in the zoning
code before it can be occupied.
,'3. me rica s Ca-te. wau to the Gu[fstream _____m
. ..-.--.._--_._._._-~...--~-
TO: Barbara Bradshaw
-2-
September 22, 1992
A site plan must be filed for the entir~__ sit~. This plan would
address parking, landscaping and establish that 8 units are on
the site. If you wish to begin upgrading the structure during
the review process, we will work with you to do so.
I would suggest you meet with us regarding the site plan review
procedure as soon as possible. Please feel free to call me and
we will set up an appointment for you. I hope this letter has
been some help to you.
Yours truly,
~~
Christopher Cutro, AICP
Planning and Zoning Director
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