LEGAL APPROVAL
?:fte City of
'Boynton tJ3eacli
100 'E. 'Boynton 'Beadi 'Boulevard
P.O. 'Bo;r.310
'Boynton 'Beach., !Jforitfa 33425-0310
City!Jfa{[: (407) 375-6000
!JJ{X: (407) 375-6090
June 21, 1994
Mr. Efrem pesyna
623 North Railroad Avenue
Boynton Beach, FL 33435
Re: Board of Adjustment Case #185
3030 S.W. 30th Place
Dear Mr. pesyna:
Your request for a variance regarding the above referenced case was
approved by the Board of Adjustment at their June 20, 1994 meeting.
If I can be of further assistance, please contact me.
~e2x:~
Planning and Zoning Director
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A:BOA185
5tmerica's gateway to tlie (julfstream
MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH. FLORIDA
JUNE 20. 1994
NEW PETITIONS:
Chainman Thompson explained to all present that any three (3) negative votes
would deny a request. Five (5) affinmative votes are required to approve a
request. Once a decision is made by the Board, the only recourse is through the
courts. An applicant can reapply for the same request after one year.
1. Case '185
Agent:
Request:
3030 SW 13th Place
Efrem pesyna
The applicant is requesting to reduce the required
twenty (20) feet rear setback to 19.65 feet.
Mr. Miriana read the application wherein the applicant requests the reduction in
the required rear setback of twenty (20) feet to 19.65 feet. He also read the
statement of special conditions for the request. The responses from the appli-
cant are as follows:
A. This building was built in the mid-80s and encroaches by
.35 feet on the rear setback at the southeast corner.
B. The applicant bought this property with this condition
existing.
C. Granting this variance will not involve any special privileges
not open to any other applicant in the same situation.
D. This chapter's interpretation only involves a .35 feet encroach-
ment on the rear setback and only presents a potential problem
in future real estate transactions.
E. This is the minimum variance requested because it is an existing
condit ion.
F. Granting this variance will only bring this existing condition
into compliance with current requirements and will not be
injurious to the area.
At this pOint in the meeting, Attorney Frank administered the oath to all who
would be testifying during this meeting.
Efrem Pesyna. 651 SE 15th Avenue. was present and explained that this request is
to correct a 3~oversight on the construction of the building. This discrep-
ancy was discovered approximately one year ago during the title search transfer
of the property.
In response to Chainman Thompson's question, Mr. Haag stated this is an existing
building. Mr. Haag believes this error was an oversight at the time of the
final Certificate of Occupancy. Nonmally, a final survey is required, and that
is when such discrepancies would be discovered. Apparently, in this case, the
error was overlooked.
THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS REQUEST.
- 2 -
MINUTES - BOARD OF ADJUSTM~. . MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1994
Mr. Miriana feels that the numbers involved are so slight that granting a
variance in this particular case is just a formality.
Motion
Mr. Berman moved to grant the request. Mr. Sechter seconded the motion. The
Recording Secretary polled the vote. The vote was 6-0 to GRANT the variance.
2.
Case '194
Property Owner:
Request:
118 NW 4th Street
Helen K. Tullos
Applicant requests to reduce the required twenty-
five (25) feet front setback to 20.3 feet on the
west frontage and 16.7 feet on the north frontage
of the subject corner lot.
Mr. Miriana read the application. The developed site is a single-family resi-
dence located at the northeast corner of NW 4th Street and NW 1st Avenue. The
Code specifies that both sides of the corner lot that face a street shall
comply with the required twenty-five foot setback. The existing structure is
20.0 feet from the north property line (NW 1st Avenue frontage). This setback
does not comply with the required twenty-five foot setback.
The applicant is proposing to install a wood frame knee wall on top of the
existing concrete block privacy wall located on the north side of the building.
Corrugated lexan roof material is proposed to be attached to wood rafters that
connect the knee wall to the building. The covered area is approximately
9'W x 241L, and will be 16.7 feet from the north property line. A similar
structure is proposed for the west side of the building (NW 4th Street
frontage). The walls of this structure will consist of wood lattice and the
roof will be exposed rafters without the lexan top. The area is approximately
9lW x 14'L, and will be 20.3 feet from the west property line. The two struc-
tures and their associated setbacks are the sUbject of the requested variance.
Helen Tullos, 118 NW 4th Street, explained that the reason for her request is to
gain privacy. Her property is surrounded by the Holiday Inn. Any time anyone
drives up to the entrance of the Holiday Inn, they have a clear view into her
backyard.
Chainman Thompson read a letter from Mrs. Tullos dated April 28, 1994, wherein
she states the following:
A. liMy property begins and ends facing the Holiday Inn, with
four floors overlooking my house and front and back yard,
pool. The entrance of the Holiday Inn 1s higher than my
yard, so when people arriving and leaving can look into
my yard..front and back."
B. "Had no control over the building of the Holiday Inn."
C. liThe Holiday Inn does not over look any other property on
my street..I am the corner lots facing the Holiday Inn."
D. "I would just like some privacy...that1s why I want to add
lattice to top of exceSSing CBS wall...the rest of the
- 3 -
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NOTICE OF PUBLIC BEARING
NOTICE IS HEREBY GIVEN that the fOllowing application has been made
to the BOARD OF ADJUSTMENT OF THE CITY OF BOYNTON BEACH, FLORIDA
for the variance as indicated, under and pursuant to the provision~
of the Zoning Code of said City:
Case #185
owner/Agent: Efrem Pesyna, agent for Blue Ribbon Water
Company
Requested
Variance: The applicant is requesting to reduce the
required 20-feet rear setback to 19.65 feet.
The variance is to Section 8 A.6. of Appendix
A-Zoning.
Location: 3030 S.W. 13th Place
Legal
Description:
A parcel of land lying in the West one half (W 1/2) of the
Northwest Quarter (NW 1/4) of Section 5, Township 46 South,
Range 43 East, Palm Beach County, Florida, said parcel being
more particularly described as follows:
Commencing at the Northwest corner of said Section 5, thence
North 87029'35" East along the North line of said Section 5,
a distance of 1352.99 feet; thence South 0001'45" East along
the East line of the West One Half (W 1/2) of the Northwest
Quarter (NW 1/4) of said Section 5, a distance of 775.72 feet
to the point of beginning of the herein described parcel of
land;
Thence continue South 0001' 45" East along the last mentioned
line, a distance of 283.58 feet; thence South 88051'45" West
along a line 1993.84 feet North of and parallel to the East-
West Quarter Section line of said Section 5, a distance of
226.16 feet; thence due North along a line 1126.11 feet East
of and parallel to the West line of said Section 5, a distance
of 278.18 feet; thence North 87029'35" East along the South
line of SW 30th Avenue, said line also being 775.00 feet South
of and parallel to the said North line of Section 5, a
distance of 226.19 feet to the point of beginning.
Use: Existing structure used for manufacturing/distribution
of bottled water.
A PUBLIC BEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton
Beach, Florida, on Monday, June 20, 1994 at 7:00 P.M.
Notice of a requested variance is sent to property owners within
400 feet of the applicant's property to give them a chance to voice
their opinion on the subject. Comments may be heard in person at
the meeting or filed in writing prior to hearing date. If further
information is desired, call 375-6060, city Clerk's Office.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Board of Adjustment with respect to any
matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
PUBLISH: BOYNTON BEACH NEWS
June 2 and 9, 1994
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, C.M.C.
CITY CLERK
ill
m 8 W m
001
!-11994
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PLANNING AND j'
ZONING DEPT.