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