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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 't TJH/cmc 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 - '1 ~.t.c..l.t.. <1../" ,,.. "(.', <..to. a t) 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 '.... ~ ~ '1 PLANNING AND j' ZONING DEPT.