REVIEW COMMENTS
~.
PLANNING AND ZONING DEPAR'l'MENT MEMORANDUM 192-169
TO: J. Scott Miller, City Manager
~~
FROM: Christopher cutro, Planning and Zoning Director
DATE: August 13, 1992
SUBJECT: Request for Fee Waiver
Michael Mrotek, has appqaled an administrative determination made
by Don Jaeger, Building Official, as required by the District
Court. This appeal will be heard by the Zoning Board of
Adjustment in September.
Mr. Mrotek has requested a refund of his two hundred and seventy
five dollars ($275.00) filing fee. (See attached letter).
I would ask that this item be placed before the City Commission
for final determination at their meeting of August 18, 1992.
CC:cp
Ene.
August 3rd, 1992
P.O. 157
Boynton Beach, Fl.
33425
Mr. Christopher Cutro AICP
Planning Director
City of Boynton Beach, Fl.
100 E. Boynton Beach Blvd.
Boynton Beach, fl. 33425
Dear Mr. Cutro,
Pursuant to our conversation 7-31-92 regarding the waiver of fees
for application to the Board of Adjustment, as you indicated would need
approval by the city COmmission, I am submitting this written request.
The reason for this waiver is that back on 10-9-89 Circut Judge
Rodgers agreed with the city attorney in a motion that I should seek a
administrative remedy before the Board of Adjustment under Section 10C&D
of the Boynton Beach Code, Appendix A-Zoning, which I applied for 11-3-89.
My application was submitted for review of Section 10 C&D, but altered by
the building offical to Section 4J 1&2, a variance. Had the application
remained unchanged the decision would have been in my favor as the Board
vote 4 yes and 3 no, adequate for approval in review of administrative
orders/decisions.
The Fourth District Court of Appeal has mandated that this appeal
be heard again by the Board of Adjustment.
In as much as I did not receive what I applied for 11-3-89, and paid
for it, I respectfully request that the required fee for this application
to the Board of Adjustment be waivered.
Thank you for your time and consideration inthis matter.
Respectfully,
ja~
M.A.Mrotek
407-369-4609
MEMORANDUM
RE:
J. Scott Miller, City Manager
James A. Cherot ~
Michael Mrotek Application to the Board
of Adjustment
August 11, 1992
TO:
FROM:
DATE:
I have reviewed the application to the Board of Adjustment filed
by Michael Mrotek in accordance with an Appellate Court Ruling-
The Court Order makea reference to a gtipulation by the City'.
previou8 attorn.y, Raymond Ray, which gives the applicant another
opportunity to appeal the 8uilding Official's holdings.
As I interpret the application, Mr, Mrotek seeks review of two
(2) matters:
1. The Building Officlal'8 determination regarding the
meaning and intent of "grade" Cl8 Cl take-off point to mea8ure wall
height;
2. The Building OfficIal'S refusal to accept. affidavits
estahlishing the strUCtural int.egrity of t.he wall in question,
the upper port1on ot which was constructec1 w1thout the owner
calling tor build1ng aepartment inspection.
W1th respect to the Building Official's determination with
respect to "grade", a review of the Building Official's
administrative determination 1s reviewable by the Board of
Adju8tment pursuant to Appendix A, Section 10, Subsection C , o.
However, the Board of Adjustment has no authority as it relates
to the Building Officials determination not to accept the
affidav1ts 1n lieu of actual inspections. Appeals of decisions
of the Building Official as they relate to the mode or manner of
construction or materials used in installation or alteration of a
structure are governed by Section 105.4 of the Model County Wide
Administrative Code, 1988 Edition, which was in effect at the
time the decision not to accept Affidavits was made and are heard
by the Bulldinq Board of Adjustment and Appeals.
In light of the foreqoinq, the City should proceed as folloW8:
J. Scott M1ller Memorandum
Auqu8t 11, 1"2
page -2-
1. Mr. Mrotek's appeal with respect to the determination
regarding flqrade" should be placed on the Board of Adjustment
agEtnda for its next meeting. In the event that the meeting
agenda has several items on it, and in light of the fact that Mr.
Mrotek's matter may take one to two hours, it may be necessary to
schedule a special meeting of the Board of Adjustment where this
item 18 the only item on the agenda.
2. Followinq the Board of Adjustment's decision and only
if the decision of the Building Official 1s over-ruled, a meetinq
of the BuildinQ Board of Adjustment should be 8cheduled to hear
the inteqrity issue and the use of affidavits to support Mr.
Mrotek 18 claim that the wall was properly constructed. In the
event that Mr. Mrotek is unsuccessful before thQ Board of
Adjustment, thQra will hQ no nQed for the Buildinq Board of
Adjustment and Appeals to consider the matter ag the top portion
of the wall would be required to be r9movQd.
It 1.. my understanding that all condition. prcaoedent to t.he
ilJliu.nce of the certiflcat9 of occupancy have occurred, except
with respect to the wall height and inspections. The Building
Official should specifically confirm this to you in writing. In
an effort to aooommodate Mr. Mrotek's desire to occupy the home
during the pendency of his appeals and any further leqal
proceedings that might follow, it 18 my opinion that 4
certificate of occupancy can be 158ued conditioned upon Mr.
Mrotek posting a cash or Burety bond which would cover the costs
of reducing the wall heiqht to the height Bet torth on the
approved plane. rhe bond should De con~ltloneQ upon tne outcome
o! the appeals and any legal act10n challenging the rullnq ot the
two Boards ana snoula include sufficient funds to cover the
City's attorney's tees 11 the City is the prevai11ng party.
Further, Mr. Mrotek must execute a document granting a temporary
construction easement which would facilitate the removal of the
wall by the City using the funds from the cash or surety bond.
If you have any questions re9arding this matter, please let me
know.
(el Chr~ euU~1 City PlutIIK
Dgn :~r, .u11dinV oerialal
IN;ld~
A:'.B/M.-or.nd~lXo~
~
A
!
C
~
-
.~~._I""
~';,~"'~.
~
I)
"
~,~~;""";",,,".,iIi;;."i"""""''''''''h~''h c..
,,"'.~.
.' ~, <. ~~'. . '"~h
..~
. "
-'
'1;\),_
"'~~.."...",., ;..;"" ,. "'",.., ,1-';:'. '