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LEGAL APPROVAL %e City of 'Boynton 'Beac/i Pfanning & Zoning 'Departme.nt 100 'E. 'Boynton 'Beadi 'Boulevard P.O. 'Bo~310 'Boynton 'Beach, :Florida 33425-0310 (407) 738-7490, :F.9lX: (407) 738-7459 July 22, 1993 Tralis, Inc. 4800 North Federal Hwy. suite A-209 Boca Raton, FL 33435 Re: Board of Adjustment Case #180 2351 South Seacrest Blvd. Dear Wayne E. Puls, Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at their May 17, 1993 meeting. If I can be of further assistance, please contact me. Sincerely, (~ 1 ,"" t i'- ~--.... ~ ~~.tr..;.. v \..L.,- _./ J Christopher Cutro, AICP Planning and Zoning Director CC/cmc cc: Central Files Deputy Building Official Case File A: ,qmerica5 yateway to the gu(fstream ~ . I i MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL. BOYNTON BEACH, FLORIDA, ON MONDAY. MAY 17, 1993 AT 7:00 P.M. PRESENT Thomas Cordie Raychel Houston Henrietta Solomon Vernon Thompson Nella Tineri Ben U1eck James Miriana, Alternate Irving Sechter, Alternate Mike Haag, Zoning & Site Devel. Administrator ABSENT Barkley Garnsey (excused) ACKNOWlEDGEMENT OF MEMBERS AND VISITORS Mr. Thompson called the meeting to order at 7:00 p.m. He introduced the Board members, Mr. Haag"and the Recording Secretary. APPROVAL OF MINUTES Ms. Solomon moved to accept the minutes without corrections. Mr. Cordie seconded the motion which carried unanimously. (Due to his absence from the last meeting, Mr. Thompson did not vote.) Mr. Thompson announced that Mr. Garnsey would not be present for the meeting. He reminded the members about the absentee policy. ELECTION OF OFFICERS Motion Ms. Solomon moved to nominate Vernon Thompson as Board Chainman. Mr. Miriana seconded the nomination. Mr. Thompson agreed to accept the position. Motion Mr. Tineri moved to nominate James Miriana as Board Vice Chainman. Ms. Solomon pointed out that Mr. Miriana is a Board Alternate and for that reason, it was decided that a Regular member should fill the position. Motion Ms. Solomon moved to nominate Ben Uleck as Board Vice Chainman. Mr. Cordie seconded the nomination. The motion carried. Motion Mr. Tineri moved to nominate Raychel Houston as Board Secretary. Ms. Solomon seconded the nomination. Ms. Houston agreed to accept the position. - 1 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA MAY 17, 1993 CONTINUED PETITIONS ." None NEW PETITIONS: CASE #179 Owner/Agent: Lettie and Thomes Tallent Requested Variance: Location: The subject property is located on the southeast corner of North Road and Northeast Drive. The applicant is requesting approval to construct a pool to within six point seven (6.7) feet of the property line along Northeast Drive. The Code specifies that "on corner lots, property border- ing both streets shall be considered as front yardll. The Code also specifies that no pool andl or screen enclosure shall be built in front of the front building line. 802 North Road Secretary Houston read the application and Building Department Memorandum #93-101 from Al Newbold to Chris Cutro. Lettie Tallent, of 802 North Road. addressed the Board. She disagrees with the City's determination that her property is not imposed upon. She visited each neighbor within 400 feet of her property and presented lists of signed petitions supporting the variance. (A copy of these petitions is on file in the City Clerk's Office.) .." Ms. Tallent feels the pool will enhance the neighborhood and the property. Although her property taxes will be increased, she is willing to accept that additional expense for the convenience. Ms. Tallent explained that when the builder constructed the homes, he incor- on the corner of one a normal manner, she rarely used by anyone po rated streets between every third house. Her home sits of those streets. If the streets had been constructed in would not be in her present position. Northeast Drive is except a few of the neighbors. Ms. Tallent urged consideration in granting the variance. neighborhood were present to express their support. In response to Ms. Houston's question, Ms. Tallent stated she has owned the property since December of 1975. Residents of the Ms. Solomon explained that the problem involves the fact that Ms. Tallent's property is considered to have two front yards and the City Codes do not permit pools in front yards. In Ms. Tallent's opinion, she does not have two front yards; she has a front yard and a side yard. ..""" - 2 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA MAY 17. 1993 BobbY Rodden lives next door to the petitioner. He claims North Road is the main road and the street incorporated by the builder now makes Ms. Tallent live on a corner. He said the general public never uses Northeast Drive. He sup- ports the variance because the installation of a pool will benefit everyone in the community. He considers Northeast Drive a lane which runs between two houses. He urged support of the petition. Curtis Crowell is also a neighbor who lives behind the Tallents and supports their request for a variance. He claims the Tallents maintain their property better than most people in the community and their property is protected by an iron fence. He feels the Tallents have a front yard and a side yard and this pool would not detract from the community. AFTER THREE ANNOUNCEMENTS, CHAIRMAN THOMPSON CLOSED THE PUBLIC HEARING IN SUPPORT OF THE VARIANCE. AFTER THREE ANNOUNCEMENTS, AND NO SPEAKERS IN OPPOSITION OF THE VARIANCE, THE PUBLIC HEARING WAS CLOSED. Secretary Houston read a letter which was received in the City Clerk's Office regarding this petition. The letter was dated May II, 1993, from The Neighborhood, and expressed opposition to an enclosure in this location. They would not oppose the variance if a hedge buffer was made part of the approval. (A copy of the letter is attached to the original minutes of this meeting on file in the City Clerk's Office.) Mr. Tineri questioned the fact that this letter was signed, "The Neighborhood". He feels the letter should have had a name on it in order for it to be con- sidered. Mr. Rodden charged that the letter is a false and arbitrary statement by indi-viduals and should have no bearing on the case. It was confinmed for Vice Chainman Uleck that Northeast Drive is a City street. In Vice Chainman Uleck's opinion, since it is a City street, the Code must be adhered to. ' Mr. Miriana feels the supporters attempted to pass Northeast Drive off as a lane; however, it is twenty (20) feet wide. North Road is twenty-one (21) feet wide. If one is a street, then both are streets. Ms. Solomon pointed out that Ms. Tallent had to be aware, at the time of purchase, of the restrictions involved with a corner lot. Ms. Tallent stated she was unaware there were laws which would deny her an opportunity to add to her home. Chris Cutro said the swimming pool items were put in Supplement 35 or 44. 80th of those Supplements are 1988 Ordinances and this property was purchased in 1975. What might have been a right in 1975, may have been taken away from the applicant by the 1988 Ordinances. In response to Ms. Solomon's question, Mr. Cutro stated he is unaware of any other property in the City with a pool on a front lot. However, he feels these circumstances are somewhat different because there are a number of undersized streets. He is not certain these streets qualify as full right-of-ways. A double-fronted lot requires frontage on two roads. He is not certain a twenty (20) foot alley qualifies as a road. - 3 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA MAY 17, 1993 Chainman Thompson pointed out that even when the home was constructed, there were twenty-five (25) foot setbacks which means the street was considered a street. Mr. Cutro explained that this subdivision has roads which are only twenty (20) to twenty-five (25) feet wide. Under nonmal circumstances, the City ~ would not have taken those roads and under normal circumstances, a double- fronted lot would not exist on a private road. Members pointed out that these are not private roads. Mr. Miriana feels since both streets in question are almost exactly the same in width, it is not possible to consider one a street and not the other. Mr. Cutro feels the City Engineer would have to be questioned in this regard and the City Attorney would need to answer whether or not the frontage requirements apply in this situation. Motion Mr. Cordie moved to grant the variance. THE MOTION DIED FOR LACK OF A SECOND. Motion Mr. Miriana moved to deny the request as stated in the document for 802 North Road; that request denies the variance for a swimming pool. Vice Chairman Uleck seconded the motion. The Recording Secretary polled the vote. Mr. Cordie Secretary Houston Ms. Solomon Chainman Thompson Mr. Tineri Vice Chainman Uleck Mr. Miriana Aye No Aye Aye Aye Aye Aye ...." The motion to DENY carried 6-1. (Secretary Houston cast the dissenting vote.) CASE '180 Owner/Agent: Requested Variance: w. E. Puls The applicant is requesting approval to reduce the required north side setback from 30' A.. to 7' 6", and reduce the south side setback from 10' 0" to 7' 6". Location: 2351 South Seacrest Boulevard Secretary Houston read the application and the Statement of Special Conditions, Hardships or Reasons for the Request. She also read a letter from K. S. Rogers, Director, Land Development Division, Palm Beach County, and Building Department Memorandum #93-104 from Al Newbold to Chris Cutro. AN ANNOUNCEMENT WAS MADE FOR SPEAKERS IN FAVOR OF THE VARIANCE. .., - 4 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA MAY 17, 1993 Wayne Puls. 831 SW 34 Avenue, represented the owners. It was explained that HRS has required the building to be 4,600 square feet rather than the originally- planned 3,000 square. This resulted in the building being larger than antici- pated and in order to place it on the property, they will required the variances. Mr. Puls introduced the architect, Mr. Stuart Cohen. Stuart Cohen, 8603 S. Dixie Highway, Miami, Florida, said this property is being developed at the request of four doctors. The piece of property is unusual because of its shape and size. HRS has imposed a series of spaces the doctors don't need; however, those spaces are required by HRS. They are trying to be a good neighbor. There is an unpentratable easement in the center of the pro- perty. The 32* foot setback has been met off Seacrest Boulevard. There is an existing wall and landscaping on the side. That landscaping will be enhanced. The building is within the height requirements. The highest portion of the building is the waiting room which is located furthest from the residential areas. The style of the building is Spanish Mediterranean which is in character with the remainder of the neighborhood. He urged consideration for approval of the request. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK IN FAVOR OF THE VARIANCE. A resident of an adjacent building spoke in opposition of the variance because of the size of the building. Further, he was concerned about the dumpster behind the building. the increased traffic and felt this would have an adverse effect on his property. Mr. Cutro advised that no traffic light is required at this location since the entrance to this facility will be from 23rd Avenue. The entrance will be from a small side street. Geraldine Bower questioned what kind of alleyway would be behind the building and whether-rr-would be landscaped. Mr. Cutro advised it would be strictly landscaping and grass. No cars will be able to use the alley. Ms. Bower was advised by Mr. Cohen that the dumpster is encircled by three walls and will be open to the parking lot. Ms. Bower asked to view a plot plan in order to review the layout of the facil- ity. Mr. Cutro explained that this entire plan has been reviewed by the City and a sign is posted on the site giving instructions on where the public can view the plan. That sign has been at the site for approximately two weeks. Robert Foot, 2400 SW 1st Street, has a home on the south side of 23rd Avenue. He is concerned about the smallest piece of undeveloped property which remain on Seacrest after this project is developed. When Ridgepoint Woods Villas was developed, he supported the project. However. it was not built as planned with regard to drainage. The crest of the road for the proposed use is 16.9 feet and Mr. Foot1s lowest floor is at an elevation of 16.7 feet. Mr. Foot spoke of ponding of water adjacent to Miss Little's School and immediately south of the proposed project. Mr. Foot feels it is not enough for this project to meet the requirements of a three year stonn. If the building were smaller. there would be less of a drainage problem in the area. Mr. Foot feels this project should meet a ten year storm requirement. - 5 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACHt FLORIDA MAY 17t 1993 Mr. Cutro stated that the project meets the requirement for drainage imposed by the South Florida Water Management District. The City cannot impose greater restrictions on this particular property. """'" Mr. Cutro explained that Mr. Foot's home was built in 1956. The drainage requirements have changed at least two times in the last twelve years alone. There is also a problem with some of the driveways to the north which were not installed properly. Mr. Cutro suggested Mr. Foot attend a City Commission meeting to request assistance in correcting the drainage problem. Mr. Puls advised that the developer will review this situation with his engineer to see if their front swales can be deepened to help alleviate some of the con- cerns Mr. Foot expressed. THERE WAS NO ONE ELSE PRESENT WISHING TO SPEAK AT THE PUBLIC HEARING. Mr. Miriana felt HRS placed a hardship on this property by making the developer expand the proposed building. Vice Chainman Uleck supported the granting of the variance. Motion Mr. Cordie moved to grant the request for variance. Ms. Solomon seconded the motion. The Recording Secretary polled the vote. Mr. Cordie Secretary Houston Ms. Solomon Chainman Thompson Mr. Ti neri Vice Chairman Uleck Mr. Miriana Aye Aye Aye Aye Aye Aye Aye ..." The motion to GRANT the variance carried 7-0. OTHER BUSINESS Chairman Thompson reminded Board members to submit their Financial Statements. ADJOURNMENT There being no further business to come before the Board, Ms. Solomon moved to adjourn the meeting at 8:25 p.m. Mr. Cordie seconded the motion which carried unanimously. ~ ~;n~~ Recording Secretary (Two Tapes) ... - 6 -