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LEGAL APPROVAL %e City of 'Boynton 13each 100 'E. tJJoynton tJJeadr. 'Bouitvarti P.O. tJJ~310 tJJoynton tJJUJdr.,:Jt:oriaa 33425.0310 City:JfJJi[: (407) 734-8111 .1"-U: (407) 738.7459 C E R T I F I CAT ION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached page is a true and correct copy of the Board of Adjustment decision after hearing the request from Charles D. Hillman at their meeting of August 16, 1993, as it appears in the records of the City of Boynton Beach, Florida. ~~c::k~ SUZ NE M. KRUSE, CMC CITY CLERK AUGUST 17, 1993 (SEAL) ~mlrua S gateway to tfu gulfstream ,/ ,.:<' BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH, FLORIDA FINAL ORDER OF BOARD OF ADJUSTMENT In Re: The application of CHARLES D. HILLMAN, Case No. 182 This matter came on for hearing before the City of Boynton Beach Board of Adjustment on Monday, August 16, 1993. The Board having heard the testimony and considered the evidence presented by the applicant and the city administrative staff finds the following: 1. The configuration of the structure to the property ,,, creates a special condition peculiar to that property. 2. The special conditions are not the result of action by the applicant. 3. The granting of the variance will not confer on the applicant any special privilege. 4 . Li teral interpretation of the set-back requirements would deprive the applicant of rights enjoyed by applicant's neighbors. 5. A variance granted is the minimum variance that will make possible the reasonable use of the structure. 6. Granting the variance is in harmony with the intent and purpose of the city's ordinances and is not injurious to surrounding properties. ACCORDINGLY, IT IS ORDERED that the applicant's Petition for a variance reducing the required 25' set-back to 19' is granted. DATED: da/?//d1! c:.:2e:J /9Si!.# (/ .. . ATTES~: '4~'."..' I ......,., ~ ... / .. '" ~/ . ..... .'~"' __J~.-'..I / ..C!t ',; '_~r'1. ~:~ . .. " ~., . at..: ,II!: , ..... _ i- :... -.- ('. t:. .:;Jo~~:.,:.. ;..' ',"':. ~ _,:. . (' r . ";-,r~" --1" ~.-:-p :.~ ., ;'.. ._~ .',~ ~"'IJ = ...-.:.;..... r. ..' .;. 'r:; ~,. ~ :-~ ..) <1-- r..... .. , ~;: ~ ; ~.., J. .!......_...,.,: '. -: "~r"'~ ~ :., ... . 4J"",~:a. .: 'J " ..,....,,-;,.'" . ... . '~'" :t-"J"rf~ "'..... .,.,.~...... f.....,.... 6 F:' lw (/\J{J L - ./ C- c... t/ (~C, :/ L.2 c Board.Ord 8/18/93 Lt' :,-"' (:!. BOARD OF ADJUSTMENT BY:/Z/U/ -r~ Chairman ad t-~ W ITI} C\..c:I<Ko.S Or--r:,c. c. PLAf'J f'.) \ rJG t 2.C>r0I~L> D~ry: (/'J::ic r:/(<.~ i3.uICO,..-,Jl.> Dc:fr ,q.PPi I C~fJI (.(L. {31~<~' ()/C'~{P " ~ M E M 0 RAN DUM TO: Chris cutro Planning and Zoning Director Board of Adjustment FROM: RE: City of Boynton Beach Code of Ordinances DATE: August 17, 1993 Case No.: 182 Owner: Charles D. Hillman Request: Applicant is requesting approval to reduce the required 25' 0" rear setback to 19' 0" for addi- tion to single family residence. Location: 503 N. W. 8th Court The Board of Adjustment, at their meeting held August 16, 1993, voted 5-0 to APPROVE the variance to reduce the required 25' 0" rear setback to 19' 0" for addition to a single family resi- dence. The Code was relaxed in this instance because the expansion would not be an obstruction to any other property. Janet M. Prainito Recording Secretary Pi U: MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL. BOYNTON BEACH. FLORIDA. .ON MONDAY. AUGUST 16. 1993 AT 7:00 P.M. PRESENT Ben Uleck, Vice Chainman Thomas Cordie Barkley Garnsey Henrietta Solomon James Miriana, Alternate Mike Haag, Zoning & Site Devel. Administrator ABSENT Vernon Thompson, Chainman (excused) Raychel Houston, Secretary (excused) Nello Tineri (excused) Irving Sechter, Alternate ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Vice Chainman Uleck called the meeting to order at 7:10 p.m. He announced that two cases appear on the agenda. Case #182 is a new case, and Case #179 is a request for rehearing. The Recording Secretary called the roll. APPROVAL OF MINUTES = ~ 17, 1993 The Board inadvertently omitted this item. COtMJN I CATIONS None REPORT OF PLANNING AND ZONING DEPARTMENT None CONTINUED PETITIONS None NEW PETITIONS: Case '182 Owner: Charles D. Hillman Request: Applicant is requesting approval to reduce the required 251 0" rear setback to 19' 0" for addition to single- family residence. Location: 503 NW 8th Court - 1 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA AUGUST 16. 1993 Mr. Miriana read the Statement of Special Conditions and Hardships. The responses to these questions are the reasons justifying the request for variance. Mr. Miriana advised that the property is presently zoned R-I-A and the applicant wishes to reduce the required 25' rear setback to 191. A building penmit was denied by the Building Department. Charles Hillman explained that there was an existing pool on the property when he purchased it. He now wishes to expand the residence, and because of the pool, this can only be accomplished by expanding to the northwest. In response to a question from Vice Chainman Uleck, Mr. Hillman said there is a vacant lot adjacent to his property and a substation is located next to the vacant lot. Mr. Miriana inquired as to the use of the new expanded area. Mr. Hillman advised that the new area will be a family room and laundry room. In response to a question posed by Ms. Solomon, Mr. Hillman said his house is the last one on the west side of a dead-end street. All of the neighbors within four to five houses of his have rear expansions, but because of the way his pool was set on the lot, he has no alternative but to expand to the northwest. Mr. Hillman confirmed for Mr. Garnsey that the wood storage sheds will be removed. THREE ANNOUNCEMENTS WERE MADE FOR ANY ONE WISHING TO SPEAK FOR OR AGAINST THIS VARIANCE. In Mr. Miriana's opinion, this expansion would not be an obstruction to any other property. Motion Mr. Cordie moved to approve the variance. Mr. Garnsey seconded the motion. The Recording Secretary polled the vote. The vote was 5-0 to grant the variance for the 19' setback. PENDING REQUEST FOR REHEARING: Case '179 OWner: Lettie and Thomas Diddle Requested Variance: 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 request also includes installing a screen roof screen enclosure to within three point seven (3.7) feet of Northeast Drive. The Code specifies that, "on corner lots, property bordering both streets shall be considered as front yard". The Code also specifies that no pool and/or screen enclosure shall be built in front of the front building line. - 2 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA AUGUST 16. 1993 Location: 802 North Road Vice Chairman Uleck reminded the Board that this case was brought before the Board in May, and it was denied. Generally, when a case is denied, there is a one-year waiting period before it reappears before the Board. Vice Chairman Uleck asked for input from the members. Mr. Miriana requested a legal opinion from Attorney Cherof. Attorney Cherof advised that he read the letter from Gregory S. Kino and was able to get in touch with him to inform him that the Board has no procedure available for con- ducting rehearings when all of the facts were not brought up during the first hearing. This attorney was retained by the Diddles after the first hearing. The burden is on the applicant to appear before the Board with all of the facts necessary for the members to render an opinion. Attorney Cherof feels the Board thought the facts were not substantial enough to warrant the relief the Diddles requested. Attorney Cherof considered the Board's order to be final, and not subject to review. The City Commission has adopted a procedure whereby the Board would be permitted to reconsider a matter, but that would only be possible on the night of the meeting when the Board is considering the matter. Attorney Cherof clarified this to mean that, if the first item on the agenda was denied and then later in the meeting someone arrived, explaining that the late arrival could not be helped, the Board would have the power to reconsider the item. However, that power is lost as soon as the meeting is over. The City is also considering an Ordinance which deals with this setback question and some relief may be available to the property owner. Attorney Cherof is of the opinion that the Board should not reconsider this matter. Ms. Solomon explained that when she voted against this item, she relied on information provided by the Planning Department that the Codes were very specific regarding not allowing a pool on a front street. The infonmation being provided now is saying this is not a front street; it is an alleyway without traffic. She feels this deserves reconsideration if the street is not a front street. Vice Chairman Uleck referred to the drawing and stated this is not an alley, but a side street leading to a main street. Mr. Haag advised that his research indicated this was a street, but Mr. Cutro requested further research be done to find out if it is a street or an alley. Mr. Miriana feels the Board is being misled. He said this street in question is a 20' right-of-way and the front street is also a 20' right-of-way. How does someone distinguish between an alley or a street? Both roads are being used as public rights-of-way. After the Board made its decision for denial, Mr. Miriana was in this neighborhood and noted that North Road was being used by vehicular traffic. Mr. Haag said Mr. Cutro was attempting to get the necessary information to answer Mr. Miriana's question, but was not present this evening. Mr. Haag further stated that when he did his research for the staff report, he referred back to the plat and this street was identified as a public street. Vice - 3 - --,~,-,_.---_.._-_.~..._._,--~---------- MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA AUGUST 16. 1993 Chainman Uleck said that according to the City's plans, these are called roads, not alleys. Mr. Miriana requested direction from Attorney Cherof with regard to Board mem- bers visiting a property prior to the case being heard before the Board. Attorney Cherof advised that this Board is a quasi-judicial board which makes a decision based on testimony presented by the applicant. When a member investi- gates independently, that member is relieving the applicant of his/her respon- sibility to present the case. Further, the member is getting involved in a situation where he/she may encounter something while investigating which may expose that member to liability. Attorney Cherof advised that it is not a good practice to do any type of investigation. There are properties which the members may drive by and view, but to specifically go to the site, get out of the vehicle and investigate is a dangerous activity. In Attorney Cherof1s opinion, the property owners did not bring forward enough information for the Board to grant the relief they were seeking. The request was properly denied. Mr. Garnsey pointed out that there should be a mechanism for review or appeal if bad infonmation is presented by the City and an applicant is denied a request because of that bad infonmation. Attorney Cherof said there may be some sort of administrative relief available if the City is clearly wrong in its presentation. Motion Vice Chainman Uleck moved to deny the rehearing for Case #179. Mr. Cordie seconded the motion. The Recording Secretary polled the vote. The vote was 5-0 for denial of this request. Attorney Cherof will send a letter to the attorney advising him that the request for rehearing was denied. OTHER BUSINESS None ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 7:35 p.m. ~. ~;n~~ Recording Secretary (One Tape) - 4 -