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.
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SUZ NE M. KRUSE, CMC
CITY CLERK
AUGUST 17, 1993
(SEAL)
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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!.#
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Board.Ord
8/18/93
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BOARD OF ADJUSTMENT
BY:/Z/U/ -r~
Chairman
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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.
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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
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--,~,-,_.---_.._-_.~..._._,--~----------
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.
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Recording Secretary
(One Tape)
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