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BOARD OF ADJUSTMENT MEMORANDUM TO: See Below DATE: March 23. 1990 FROM: Sue Kruse City Clerk RE: Samuel Murante Application 59 Board of Adjustment for ~.~ meeting of 4/9/90 - Case #142 Ms. Gertrude Michalk. 421 S.W. 8th Avenue. called this office today to express her opposition to the granting of the variance requested in Case #142. This room addition is just too close to her. She is elderly and unable to attend the April 9th meeting. J~~ Sue Kruse cc: V. Thompson R. Eney J. Miriana P. Tompson T. Newton H. Solomon B. Uleck J. Fishman H. Fox A. Newbold TO: Board of Adjustment Members FROM: City of Boynton Beach Staff REFERENCE: Staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: #142 424 S.W. 7th Court MEETING DATE: April 9, 1990 CURRENT ZONING: R-1-A DESCRIPTION OF PROPERTY: FERN RIDGE, E. 24' of Lot 18 & Lot 19 less E.48' OWNED BY: Samuel A. Murante VARIANCE REQUESTED: Rear yard setback FACTS: 1. ~his site was platted in 1959 as Lots 18 and 19 of Fern Ridge Subdivision. Each lot was 110 feet wide and 83.5 feet deep with a 6 foot easement in the rear. 2. Both lots 18 anj 19 were formerly zoned R-1-A and are presently zoned R-1-A. The Board of Adjustment denied a previous request for a rear setback variance at this site in 1964 (see attached minutes). At that time, lot 20 was also a part of the request. 3. A residence was constructed with a 25 foot rear setback as per code in 1970 (permit #1639). 4. Mr. Murante became the owner in 1984 and had a pool constructed in 1987 (permit #87-3201). We have no permit on file for the metal shed, the existing frame and stucco addition or the bar-b-q pit shown on the new 1990 survey. The survey submitted for the pool in 1987 does not show these 3 structures (see attached surveys). 5. On January 23, 1990 a violation notice was issued to the owner for constructing without a permit and inspections (copy attached). Seven days later the Murantes submitted an application for permit which was deniej because of setbacks. 6. Appendix A-Zoning, Section 5.D.2.a requires a 25 foot rear setback and the main building was built with a 25 foot setback. 7. The addition was constructed 19 feet into the required rear setback without inspections or a permit and cannot be permitted without a variance of 19 feet. 8. The metal shed must be 12 feet from the main structure or be removed to comply with code since we have no record of a permit on file and it was not made a part of this request. 9. The permit issue is now before the Code Enforcement Board (case #90-20000161). 10. The new survey was submitted for the variance meeting, showing that the addition was constructed within 6 feet of the rear property line, not 7 feet as the owner showed on his site plan for permit. This survey also shows a non-permitted metal shed; a bar-b-q pit which would be too close to the addition to meet code and is on the 6 feet utility easement and must be removed; and a canvas canopy erected without a permit over the front walk within the front setback line. bh XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment FACTS142.DOC