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BOARD OF ADJUSTMENT TO: Board of Adjustment lV.Ierrbers FROM: Ci ty of Boynton Beach Staff REFERENCE: Staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: 105 731 N.E. 8 Avenue MEETING DATE: ~ July 14, 1986 RIA CURRENT ZONING: DESCRIPTION OF LOT: LaKe Addition to Boynton, Block 4, Lot 44 OWNED BY: Goldie Fisher VARIAOCE RIQJIRED: Lot frontage & lot area FACTS: 1. The referenced property is zoned RIA and requires a lot width of 60 ft. and a lot area of 7,500 sq.{t. 2. This property was fonmerly zoned RIA and RIA zone at that time required 6,000 sq. ft. area with minimum width of 60' (ord. 62-9). 3. This property was platted in 1925 as is to date (50' x 132.5'), and becrune non-confonning in 1962. _ 4.' Appendix A, Section 10H(1) requires a period of one (1) year before a subsequent application affecting the same property.can be filed. See attached for denial of the srune (11/4/85) and other facts. Att: Minutes of 11/4/85 meeting & fact sheet from case #84 Xc: City Clerk Recording.pecretary City Planner: _ City Manager Members - Board of Adjustment .,.--------. -'!~- I'///'//l, '.-/ C /.; / / "---- MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 4, 1985 AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis Paul Slavin George Mearns Ben Uleck Raymond Eney, Alternate ..Bert Keehr, Deputy Bldg. Official ABSENT Danny O'Brien, Alternate Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Deputy Building Official, members of the Board and Recording Secretary. He recognized the presence in the audience of Mayor Nick Cassandra and former Mayor and present Councilman Carl Zimmerman. MINUTES OF SEPTEMBER 9, 1985 Mr. Slavin moved to adopt the minutes of September 9 as pre- sented, seconded by Mr. Ampol. Motion carried 7-0. NEW BUSINESS - PUBLIC HEARING Chairman Thompson read the six criteria for the basis of the Board's decision and explained the Board's voting require- ments. Mr. Gordon read the application and answers to the questions. Case #84 r";' /- Lot 44, Block 4 LAKE ADDITION TO BOYNTON Recorded in Plat Book 11, Page 71 Palm Beach County Records Relief from R-lA zoning requirement of 60 ft. minimum lot frontage to be reduced to 50 ft. lot frontage. Relief from 7,500 sq. ft. lot area to be reduced to 6,625 sq. ft. lot area for construction of single family residence. 731 N. E. 8th Avenue Request Address Applicant/ O\vner - Robert P. Brown MINUTES - BOARD OF ADJUiMENT BOYNTON BEACH, FLORIDA NOVEMBER 4, 1985 Mr. Robert P. Brown, 701 S. Seacrest Boulevard, Boynton Beach, informed the Board that he is actually representing his aunt, Eva Simmel, and apparently is the legal title owner and trustee for this property. His aunt decided to request a variance, so she could build on this property. He told about his aunt being able to make a deal with the adjoining property owner to put pilings in on both lots. Mrs. Artis questioned who patricia Brown is and Mr. Brown ad- vised she is his mother and Eva Simmel is his mother's sister and Mrs. Santina DuBois owns Lot 43. Mr. Slavin clarified that in March, 1984, Mr. Brown sold Lot 43 to Mrs. DuBois; originally Mr. Brown owned Lots 43, 44 and 45. Mr. Brown disagreed and stated that he bought Lot 45 and got a variance about a year ago. Two parties bought the other two lots with his aunt being the one purchaser and she made him trustee of Lot 44 for her son. Mr. Slavin clarified that since 1983, this property has been bought, sold, transferred, etc. through various members of the Brown family. . , Mr. Slavin referred to a hardship being imposed and stat~d there is vacant adjoining property. Also, at one time, Lots 43, 44 and 45 were all owned by the same people presumably. Mr. -Slavin asked if he planned to build a home on Lot 44 to live in or for sale and Mr. Brown replied that he doesn't knoW, but the lot as it is is unbuildable and the lots on each side are buildable. Mr. Slavin asked who owns Lot 45 and Mr. Brown informed him that his mother, Patricia Brown, owns it. He added that he originally bought Lot 45 with the intention to build and re- quested a va~iance. He demucked it and had it filled, but unfortunately it did not pass compaction. He had spent the better part of $8,000 to get the lot filled and demucked and exhausted his finances, so he gave the lot to his mother. Chairman Thompson referred to several deeds being submitted and requested clarification. Mr. Keehr stated during the period between February 27, 1984, and March, 1984, Mr. Brown owned all three lots according to the county records. In -March, 1984, he sold Lot 43 to Mrs. DuBois. Lot 45, Mr. Brown quit claimed to his mother between the time this appli- cation was filed and the hearing tonight. Mr. Uleck asked why he didn't. make the three lots into two legal sized lots when he owned them and Mr. Brown replied that he did not have any problems with the one 50 ft. lot. He reiterated again how Lot 44 was actually his aunt's, but she didn't want her name reflected in the records and had him sign some forms naming him as the trustee. - 2 - .-'.".. ~.....," ....,.. .~ .,'.#','-:"'^)~~"7";" ~~ MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA. NOVEMBER 4, 1985 Chairman Thompson clarified that he owned both lots and there was no problem to build, but by quit claiming one lot after filing the application, it looks like he is giving away one to get a variance on one. ~ Mr. Brown explained to the Board that he did not need to build on Lot 45 since he bought other intracoastal property and his mother took over the payments on Lot 45. His aunt owns Lot 44 and his only intentions are to build on the other intracoastal property he owns. . Mr. Uleck read from previous minutes where Mr. Brown made the statement that he was financially unable to buy property in addition to. the one 50 ft. lot, but following the granting of that variance, he did purchase two additional lots. According to the records, Mr. Brown owned all three lots at one time. Mr~ Brown clarified that his aunt purchased Lot 44 and her name was not recorded as the purchaser. II- ,. Mr~ Ampol referred to the history of these lots and Mr. Keehr stated the warranty deed recorded at the county says Mr. & Mrs. Fleming sold Lots 43 and 44 to Mr. Robert Brown on February 27, 1984. Mr. Brown told about being aware of these real estate transactions~ Mrs. Artis asked if he presently owns Lot 45 and Mr. Brown replied negatively with advising that he does not own any of these three lots and he may be recorded as the owner of Lot 44, but there is an agreement making him the trustee and he is only acting as the agent for Lot 44. He told about this ownership only being discovered when his aunt applied for the variance. Mr. Slavin asked what the records show for the ownership of Lots 43, 44 and 45 and Mr; Keehr informed him that Lot 45 shows Patricia Brown as the owner, but prior to that, Robert Brown owned it and lot 44. Lot 44 is recorded in the name of Robert P. Brown, who purchased both lots in F~bruary, 1984, from Mr. & Mrs. Fleming. Robert Brown sold Lot 43 to Santina DuBois. The records indicate now that Robert P. Brown only owns Lot 44; Chairman Thompson asked if anyone wished to speak in favor of granting this variance and received no response. He asked if anyone wanted to speak against the granting of this variance and the following came before the Board. Mr. Harold Werger, 1306 N. W. 7th Street, told about having to buy additional land to build his house to meet the requirements. The ordinance has been in effect since 1975 and Mr. Brown should have been aware of the requirements when owning all three lots. There is no hardship. There is land available now even if not in the Brown family. With trying to protect the property values in Boynton Beach, there is no reason a variance is warranted in this situation. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA. NOVEMBER 4, 1985 Mr. Bob Fauser, 125 S. E. 6th Avenue, stated according to county records, along with the warranty deed, there is a mortgage deed signed by Robert P. Br6wn saying he is paying off the mortgage on Lot 44. He then quoted Section C of the Florida Land Use Planning Book which states a circumstance which must be avoided is getting in the position of creating a hardship. There is also case law stating if a person con- veys interest of an adjoining lot and is left with a substan- dard piece of property, it does not justify a variance. This was self-created. Mrs. Betty Whittington, 704'N. E. 8th Avenue, stated she does not feel this request is justified. Lots 43, 44 and 45 all belonged to Robert Brown. He created the hardship himself by owning only Lot 44. He had ample frontage, but gave up part of it and left himself short. She does not feel a variance should be granted. Chairman Thompson requested the Secretary to read the communi- cations received and Mr. Gordon read letters from Mr. Miller and Mr. Stroshein. Chairman Thompson clarified that Mr. Brown had all the land necessary to meet requirements when filing the application, but traded off a. lot to his mother since then. Mr. Uleck agreed that at one time, Mr. Brown owned all three lots and could have converted the three lots into two legal sized lots. He cannot see any hardship. Mr. Slavin asked if the permit had been requested for Lot 43 and Mr. Keehr replied that" he could not answer that, but all three are vacant right now. A variance was granted for Lot 43. '" Mr. Ampol referred to a hardship and Chairman Thompson replied that legally this Board does not have the right to deny a request when there is a hardship. This was not a hardship imposed by the government. This really was a self-imposed hardship because the owner owned all three lots at one time. Mr. Slavin moved that this variance be denied for the follow- .ing reasons. It is his opinion that this is a self-imposed hardship by Robert Brown or his aunt, whom he is representing. They have enough property between Lots 44 and 45 to build a home giving ample frontage and footage. He did have three lots at one time and could have built two homes, but sold one lot. They are looking for a variance due to their own dealings. No hardship was imposed on the property by a government agency. *Nothing was done by the Brown family without the advice of an attorney, who knew what the laws were. He moves that the *Should be: variance be denied. Mrs. Artis seconded the motion. As re- "In the quested, Mrs. Kruse took a roll call vote and the motion car- opinion of Mr. ried 7-0. REQUEST DENIED. Slavin, nothing was done... II i See 12/9/85 minutes 1 - 4 - REFERENCE: Board of Adjustment Members City of Boynton Beach Staff Staff site Analysis - Board of Adjustment TO: FROM: CASE NO. & ADDRESS: 84 73f-N. E. 8th Avenue MEETING DATE: November 4, 1985 CURRENT ZONING RIA DESCRIPTION OF LOT: Lake Addition to Boynton, Block 4, Lot 44 OWNED BY: Robert P. Brown VARIANCE REQUIRED: Lot Size FACTS: 1. On April 4th, 1985, Eva Michelle Simmel filed an application for a variance with the Building Department for Lot 44, Block 4, Lake Addition to Boynton. The owner of Lot 44 was Mr. Robert Brown, who also owned Lot 45 at that time. After a waiting period, Miss Simmel, did not prove ownership, therefore Mr. Brown is now the applicant for this variance. 2. Mr. Robert Brown, the applicant for the subject lot, applied for and received a variance for abutting lot to the east (Lot 45). On September 12th, 1983 at the meeting, Mr. Brown stated it would be a financial burden on him.to have to buy the two (2) Lots 43 and 44 (west of Lot 45) as the owner wanted $25,000.00. Owner of these lots was Mr. Carl Fle~ing. 3. Miss Beverly Bottosto applied for and received a variance on Lot 43 on January 9th, 1984. Miss Bottosto never closed on this lot, it remained in the ownership of Mr. Fleming. 4. Mr. Brown purchased Lots 43 & 44 from Mr. Fleming on the 27th of February 1984. 5. Mr.-Brown sold Lot 43 to a Mrs. Santina Debois in March of 1984. 6. Mr. Brown, by Quit Claim Deed, sold his interest in Lot 45 dn the 4th of September 1985 to particia M. Br9wn. 7. All three (3) lots are still vacant. Att.: Minutes of variance for Lots 43 & 45 Xc: City Clerk Recording Secretary City Planner City Manager Members -Board of Adjustment ~--- --~ BOARD OF ADJUSTMENT, CITY OF BOYNTON BEACH DATE June 13. 1986 ..--- The undersigned owner (s) hereby respectfully petition the Board of Adjustme to grant to Petitioner (s) a special exception or variance to the existing Zoning Code of said City pertaining to the property hereinafter described, and in support thereof state (s): 1. Property involved is described as follows: Lot(s) ~4- Block ~ SiD LAICc .A.t.>t) ~( ( l' 0 \~o(.". &-l,o Plat Book I, Page ~, or otherwise described as follows: r~ ~Q.~C>P,t)G\c\~ ~,~CIQa:nl\..~p~rty A~dress 73/ NE c:g.AAv~\J 2. Property is presently zoned: R-lA Formerly zoned: R-l-A 3. Denial was made upon existing zoning requirements from which relief is required: . . (Y a minimum Appendix A-Zoning, Se~. 5D(2)(a) requires lot fronta lot area of 7,500 sq. ft. 4. Nature of exceptlon or variance required: 1. Lot has a-frontage of 50' - , so a 10' variance is requested for lot frontage. 2. Lot area is 6,625 sq. ft. so a 875 sq. ft. variance is requested. --------. .' 5. \ \~ /" 6' ;>J- Statement of special conditions, hardships or reasons justifying the . I requested exception or variance:' ~\s.\L~G, feoe~ \~ So/-o/~ 13~#5".( (Please respond to t~e six (6) questions as outlined on the attached (a-f: Certified spot survey (not more than six (6) months old) is required, wit] all setbacks and' dimensions. ~ \r~<!....~(S P , - 7~/ Proposed improvem~nt (attach site development sketch): /L. CE;c2-\;.~\. ~ ~\ ?la. t..\ ~\\~~ ,~ ~ Certified list of names and post office addresses of property owners and legal description of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete ~md-.accurate. L\~ ~'\Ac-\-\~ \. / '~;J Proof of ownership of property by Petitioner (s) such as deed or purchase ~_ contract agreement. -' designating him as "/1"0':1 A l' t' f ' -,__/ pp 1ca 10n ee1S -.::::::. Beach, accompanies If agent submitting petition, copy of document such. must accompany petition. c.e.<2.\\~E'O "b::x...q\-C14-') I\.T,~~ in the amount of $275.00. payable to the City of Boyntc this Petition. 11. Case f 105 Meeting Date July 14 . 1986 12. Name of Applicant: Goldie Fisher P.O. Box 1576 Address of Applicant: Bo nton Bch. FL 33425 Date: 6/13/86 Signature of Applicant Date: 6/13/86 Permit Denied: SPACE BELOW THIS LINE FOR BOARD USE ONLY ". BOARD OF ADJUSTMENT ACTION: Approved ~ Denied Stipulations: Aye Nay _ .' :' J' tin iJ D <1 t c : Signed: ~ EXPLANATIONS TO ITEHS (A) THRU (F) -~ (A) Property as indiccrled is 50 '-0" in width differs from current code .... being the-reason for requesting such a variance in order to build. (B) In order to be granted a building perIni t a variance is requested. (0) In as much as adjacent vacant properties have already been granted such a variance but in no lo/'ay appears to any special privilege in this request. (D) Without such a variance, for the sole purpose of building a home, as requested renders said property worthless as it stands. (E) in thout such a variance no building perIni t BAN BE APPROVED. (F) Adjacent properties has previously been granted such a variance and -- -this request should not be considered a special privilege. **************************** /-,. \. --,~-,._------ -- ,...,. ~.. '- . . ~" , . '-,\ .. ....... ... l,.\, ., ('".. . . '.~ ,_: . -- \ . ,s .. '. ....'"' ~... ... r.. . . '. . . - r...... :? . . " .....).,. ("'. . 1"-..... , . ." en , . "., .)- " ro. ,. . .. . .- ~.. 1 1 _. . .... .. .j ..:: .. r-:- . \ . ,.." ~ . '.. t, tt .. ., (', ..., c. .~ '..... .. , ". s. s ~.J . . . ...~.. .. ~:-T ..,. ..~ '~"""""~:";-'" :;..~. ....""':.:... ~..~..,~~~~~:.;...;,.,. "....----------..-.". -:..-. ~----- .--- LEGAL DEsau PT ION FO.A/9 PtJO.i~L1P '(J:1. /~ . fJ(P oS .., .(.t .:) '".- , .... " /O.4fB. RtJOIC'&P ",-/~.f}tp m.",~..o -"~.:. .-=:~, : "~.. -:.. ~ . . ;.. " " , ,'."" ,.t .,._~'" . . ',' .. ...., \ ,\ ! \ ' BE INO ALL OF LOT 44. BLOCX 4 LAACe l1DD/TlOU TO 80YIJTDaJ J:LOQfDA ' . , AS RECORDED IN PLAT BOOK I r ,PAGE 71 PUBLIC RECORDS OF PALM BEAOi COUNTY. 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