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LEGAL APPROVAL rrFie City of r.Boynton r.Beacli Pfanning & Zoning 'Department 100 'E. 'Boynton 'Beadi. 'Bou!evaTt{ P.O. 'B07(310 'Boynton 'Beadi, :FCorUia 33425-0310 (407) 738.7490, :F5tX: (407) 738-7459 December 20, 1993 RE: BOARD OF ADJUSTMENT CASE #187 Robert Fay 1 Virginia Gardens Boynton Beach, FL Dear Mr. Fay, Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at their November 15, 1993 meeting. Find attached the written order prepared by the City Attorney verifying the determination of the Board and signed by the Board Chairman on 12/7/93. If I can be of further assistance, please contact me. Sincerely, ~$l14~ Acting Planning and Zoning Director TJH/cmc a:fayappr "" Ylmericas (jateway to the (ju(fstream CITY OF BOYNTON BEACH ORDER BOARD OF ADJUSTMENT CASE #187 Property OWners: Robert Fay 1 Virginia Gardens Boynton Beach, FL The application for a variance of Robert Fay, for relief from Section 5 C.2. and 4 B.1. of Appendix A - Zoning Code, to reduce the required twenty-five (25) feet front setback to nineteen (19) feet, reduce the required ten (19) feet east side setback to one point five (1.5) feet and add an accessory building to a front yard, was granted on November 15, 1993. A copy of the minutes of the meeting reflecting the basis for such ruling is attached Dated: /:1 ~ I,ef J / ,,/ hereto. Attested by: cif~Q7c~J~' Cit Clerk MINUTES - BOARD OF ADJU~.~ENT MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1993 Case '187 Property Owner: Request: 1 Virginia Gardens Robert Fay A variance to reduce the required twenty-five (25) feet front setback to nineteen (19) feet, reduce the required ten (10) feet east side setback to one point five (1.5) feet and add an accessory building (garage) to a front yard................................................TABLED Motion Mr. Miriana moved to remove Case #187 from the table. Mr. Tineri seconded the motion, which carried 7-0. Ms. Houston read the requested variance and the paragraphs pertaining to this case in Building Department Memorandum No. 93-209. She also read into the record the applicant's statement concerning the special conditions, hardships or reasons justifying the requested exception or variance. In addition, Ms. Houston read the letters from the following people who had no objection to this variance: Linda B. Farrell 821 Bamboo Lane Delray Beach, FL 33483 Ronald and Marguerite Dingle 3 Virginia Gardens Del ray Beach, FL 33483 Joe DeFeo 815 Bamboo Lane Delray Beach, FL 33483 Michael Hoplamazian 2 Virginia Gardens Delray Beach, FL 33483 She also read an October 29, 1993 memorandum from the City Clerk's Office stating that Victoria Edlefsen, 35 Colony Club Drive, called to state she had no problem with the granting of this variance. Mr. Fay stated that he brought new infonmation with him tonight that he did not have at the last meeting. He believed this is an unusual situation inasmuch as he is not in a development and on both sides of the garage there are easements. He circulated photographs. Mr. Fay stated that he and Mike Hoplamazian own this private road and are trying to develop it to increase the property values. To the north there is a 62 foot Department of Transporation stonn drain easement. On the other side where he is requesting a 3.5 foot variance, there is a 15 foot easement between his house and his neighbor's house. Nobody can ever build on this easement. Mr. Miriana pointed out that last month Mr. Fay stated that the placement of the garage would interfere with the leaching field. Mr. Fay stated that no matter where he places the garage, it would interfere with the leaching field; however, this is not a concern of his. He said it does not make a difference to him now because he is going to connect to the City since he has been paying for City sewage for eight years. He will do this at the same time he builds the garage, with or without the variance. His main reason for asking for the variance on the garage is strictly aesthetic. - 4 - MINUTES - BOARD OF ADJUSI~ENT MEETING BOYNTON BEACH t FLORIDA NOVEMBER 15 t 1993 Mr. Miriana stated that if the garage was moved to the side of the house, a foot and a half would be gained. Mr. Fay stated that the entrance to the garage will be from the west. He referred to the photographs he circulated and said this would not work because there is not enough room, unless the tree line is cut down. In response to Mr. Miriana, Mr. Fay said he could not set the garage back because that would require yet another variance, since according to the Building Code, a detached building must be 12 feet away from the house. Mr. Miriana noticed that on one of the sketches, there is 17 feet from the garage to the house, which is more than enough room. Mr. Fay mentioned the wing wall in front of the house. Mr. Miriani stated that the wing wall has nothing to do with the codes. Mr. Miriana stated that the road is an easement now and is no longer owned by Mr. Fay. Mr. Fay said there is an easement on the use of the road for ingress and egress; however, he still owns it. Mr. Haag confinmed this. Mr. Miriana noticed that the people who sent letters in support of this variance do not reside in Boynton Beach. Mr. Fay stated that these are his neighbors and the people who could see the garage if it was built. He said that according to Mr. Haag, two of his neighbors on his street will be annexed into the City of Boynton Beach in January. In response to Mr. Miriana, City Attorney Cherof felt Mr. Fay's answer is prob- ably the most infonmative answer the Board can receive. He stated that these people may not be in the City at this point; however, they are in the parameters of the notice requirement. The Board may totally disregard these letters or treat them as extremely important. Even if they were residents of the City, the letters have no weight. They are just opinions of the people in the neighbor- hood. Mr. Fay pointed out that his mailing address is Del ray Beach; however. this address is located in Boy~ton Beach. NO ONE ELSE WISHED TO SPEAK IN FAVOR OF OR AGAINST GRANTING THIS VARIANCE. Mr. Miriani was not in favor of granting this variance. He did not feel a hardship exists and felt the applicant misinfonmed the Board on several occa- sions. He felt the applicant is creating a hardship by planning the garage in this particular location. He could not see where Mr. Fay is being deprived of any rights enjoyed by other property owners. He felt the Board would be granting Mr. Fay special privileges if it grants this variance. He also felt this would not be in hanmony with the general intent. Mr. Miriani said Mr. Fay can abide by the code without creating a hardship on the community or himself. Mr. Garnsey felt the variance should be granted. He felt this is a very pecu- liar piece of property. One side of the property contains a DOT easement for a stonm drain and the other side contains a private road easement. The City boun- dary zigzags right up against Mr. Fay's property. He felt the special condi- tions do not result from Mr. Fay's actions. Mr. Garnsey felt the granting of this variance would not be creating any special privileges because Mr. Fay.s neighbors fall under different zoning requirements. Mr. Garnsey felt this would increase the value of the neighborhood and the structure is aesthetically pleasing. - 5 - MINUTES - BOARD OF ADJUS)~ENT MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1993 Motion Ms. Houston moved to grant the variance at 1 Virginia Gardens to reduce the required twenty-five feet front setback to nineteen feet, reduce the required ten feet east side setback to one point five feet and add an accessory building (garage) to the front yard. Mr. Tineri seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 5-2. Vice Chairman Uleck and Mr. Miriana cast the dissenting votes. 815 Bamboo Lane Joseph DeFeo, Jr. A variance to reduce the ten (10) feet required west set- back to one (1) foot in connection with the proposed con- struction of a garage to be attached to the west side of the existing residential structure. Ms. Houston read the requested variance and the applicant's statement of special conditions, hardships or reasons justifying the requested exception or variance. In addition, she read the letters from the following people who had no objection to this variance: Case '188 Property Owner: Request: Roy Chin Sun Wah Restaurant Boynton Beach Robert J. Fay 1 Virginia Garden Boynton Beach Joseph DeFeo 808 Bamboo Lane Delray Beach Charles I. Nichols 812 Bamboo Lane Boynton Beach M. G. Hood 810 Bamboo Lane Boynton Beach Ms. Houston read a direct quote from Building Department Memorandum No. 93-213. Mr. DeFeo of 808 Bamboo Lane was present. Mr. Miriana asked him if he was aware of the report from the Engineering Department regarding the subdivision. Mr. DeFeo said he was not aware of the report and does not know what it means. Mr. Miriani felt it was unusual to grant a variance before the subdivision is approved. Several members of the Board suggesting tabling this matter until the subdivision is taken care of. Mr. Tineri felt the City should have notified the applicant regarding the sub- division. He wondered what would happen if the Board grants this variance but the subdivision is not approved. City Attorney Cherof advised that if the Board thinks it is appropriate, it could table the matter for any reason whatsoever. He noticed that the Engineering Department suggested the Board approve the variance conditioned upon the subdivision being approved. If the variance is granted and the subdivision is not approved, then there is no variance if such is a condition contained in the motion and if the applicant acknowledges he has two hurdles to clear. In response to Mr. Sechter, City Attorney Cherof advised that if this item is tabled, the applicant would come back at the next meeting and would not lose the $400 application fee he paid. - 6 - r. I~ IJao I k ~ NOTICE OF PUBLIC HEARING 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 hearing as indicated, under and pursuant to the provisions of the Zoning Code of said City: Case #187 OWner/ Agent: Robert Fay Requested Variance: A variance is requested to reduce the required twenty-five (25) feet front setback to nineteen (19) feet, reduce the required ten (10) feet east side setback to one point five (1.5) feet and add an accessory building to a front yard. The purpose of the variance is to add a detached garage to a single family lot. The request is a variance to Section 5 C.2. and 4 B.1. of Appendix A - Zoning Code. Location: 1 Virginia Garden Legal Description: A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, and more particularly described as follows: Begin at the intersection of the West right-of-way line of the Intracoastal Waterway as shown on plat of land as recorded in Plat Book 17, at page 14A, Palm Beach County Public Records, and a line parallel to and 76.1 feet South of as measured at right angles to the North line of said Section 4; thence in a Westerly direction along said parallel line a distance of 260 feet to the point of beginning; thence continue in a Westerly direction along said parallel line a distance of 140 feet; thence in a Southerly direction and parallel to said West right-of-way line of the Intracoastal Waterway a distance of 89.5 fe8t; thence in an Easterly direction and parallel to said North line of Section 4, a distance of 140 feet; thence in a Northerly direction and parallel to said West right- of-way line of the Introcoastal waterway a distance of 89.5 feet to the point of beginning, together with an easement over the following described property; The South 15 feet of the North 76.2 feet of the West 285.13 feet of that portion of Government Lot 1, Section 4 Township 46 South, Range 43 East, which lies East of the East Right-of-Way line of State Road No. 5 (U.S. Highway No.1) Except the West 150 feet thereof. Use: Single Family residence. ill ocr 2 8 1993 PLANNING AND ZONING DEPT. Public Hearing - Robert Fay Page Two A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, November 15, 1993, 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 375-6061, City Clerk's office. All interested parties are notified to appear at said hearings 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. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS October 28 and November 4, 1993 MINUTES - BOARD OF ~TMENT MEETINS BOYNTON BEACH. FLORI~ OCTOBER 18. 1993 variance, the motion should be made to approve the variance and then it can be defeated. When the motion to approve is defeated, the variance is denied; how- ever, the members will always understand that a yes vote is for approval and a no vote is for denial. Mr. Tineri arrived'for the meeting. Motion Ms. Solomon moved to approve the minutes. Mr. Cordie seconded the motion which carried unanimously. AGENDA APPROVAL The agenda was accepted as presented. CONTINUED PETITIONS None NEW PETITIONS Case '186 201 East Boynton Beach Boulevard Kenneth Zengage, Agent for Forward Progress, Inc. Applicant requests to reduce the ten (10) feet required front setback to zero (0) feet and reduce the ten (10) feet required side setback to two (2) feet in connection with the installation of a free- standing sign for a car wash business. This case was tabled earlier in the meeting. Property Owner/Agent: Request: Case '187 1 Virginia Garden Robert Fay The applicant is requesting to reduce the twenty- five (25) feet required front setback to nineteen (19) feet and reduce the ten (10) feet required side setback to one point five (1.5) feet for the purpose of adding a detached garage to a single- family residence lot. Mr. Miriana read the request and the Statement of Special Conditions, Hardships or Reasons Justifying the Variance. Property Owner: Request: Mr. Miriana explained that this property is zoned R-1AA. The Building Depart- ment denied issuance of a building permit because the request did not meet the Code requirements with regard to setbacks. - 2 - MINUTES - BOARD OF ADJUSTlOT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Robert ~ said he is requesting this variance in order to build a garage to provide parking for his vehicle and storage for his lawn maintenance equipment. He is currently using a portable-type aluminum shed. Some of his equipment is also stored outside the shed. Mr. Fay lives on a cul-de-sac road with two other residences. Thos,e 'property owners support Mr. Fay's request because they feel the addition of this garage will increase their property values. Mr. Fay explained that a IS' D.O.T. easement exists on the east side of his propperty. This easement is for a 36" storm drain pipe which empties into the canal. Although he is requesting a setback variance from 10' to 1.5', only the closest paint would be 1.5' from his property line. There would be IS' for the D.O.T. easement, and then the neighbor's setback. He explained that the closest point of approach would be 23' to his neighbor. Mr. Fay owns the road/driveway which is an easement for the benefit of his neighbors. Going toward Colonial Club, there is a 63' easement. There are tree lines separating the property. Again, his neighbors support his request and he has had no comments from the residents of Colonial Club. The garage, if approved, would be built to match the house. He purchased the house eight years ago and has invested $120,000 since that time. He has no place to park his car and his equipment is exposed to weather. At the present time, the conditions are aesthetically unappealing to his neighbors who have also invested a great deal of money in their property. In response to Vice Chairman Uleck's question, Mr. Fay said the dimensions of the garage from north to south will be 28', and from east to west will be 20'. Mr. Fay said that only his property is part of the City at the present time. It is anticipated that his two neighbors to the east will be annexed into the City in the early part of 1994. The other two homes on the street are single-family residences. He has one and one-half lots. The half lot has nothing built on it. He circulated photos of the property. He clarified that if the garage is built, there would be 22' at the closet point to the adjacent property. Because this property is on a diagonal, the 1:5' is the closest pOint of the southerly part of the proposed garage. The northern part of the garage would be IS' from the IS' easement. There is also an additional IS' on the opposite side of the easement. The tree line between the homes would not be disturbed. Mr. Miriana pointed out that the shed is a Code violation because it is on the property line. Mr. Fay explained that it was fn place when he purchased the house. Mr. Miriana confirmed that the road is an easement and wondered how far back from the easement the garage is proposed. Mr. Fay explained that he owns the road but cannot build anything on it because it provides ingress/egress for his neighbors. Mr. Haag clarified that the setback is measured perpendicular from the property line. The front of the property is on the north side of the road easement. Attorney Cherof advised that Mr. Fay does not technically have a road; he has an easement. - 3 - MINUTES - BOARD OF ADJUSDIENT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Mr. Miriana noted that there is nothing on the west side between the house and the proposed construction. Mr. Fay said there is a 41 wing wall which hides the garbage cans. He wishes to place the garage where shown to allow for a gate which will penmit a vehicle through and provide the required 121 separation between the house and the detached structure. Mr. Miriana had a problem understanding why Mr. Fay wishes to locate the garage so far from the house, and projecting out front, close to the east easement. Mr. Fay said he cannot move it back because of the D.O.T. easement. Also, because the property line is diagonal, if the garage is moved back, it will be closer than the required 121. Mr. Haag confinmed that if the garage is detached, it must be 121 away from the house. Mr. Miriana suggested attaching the garage to the house. This will result in clearance from the easement. Mr. Fay said he is on a septic field and will not be able to service the field with a truck. A wide gate is required to penmit the vehicle to enter the area. Further, attaching the garage to the house would not be aesthetically appealing. Mr. Miriana stated the majority of homes are built with attached garages. Mr. Fay said he is restricted by the diagonal D.O.T. easement lines and the Code requirement of 121 . between structures. In response to a question from Mr. Garnsey, Mr. Fay said his neighbors to the east support his request, along with his neighbors on both sides of the canal. The neighbors using the road easement also support his request. Mr. Fay advised that written approvals from the neighbors are contained in the members I packets. Mr. Miriana inquired as to the location of the septic field. Mr. Fay explained that it is in the southeastern corner of the property. Mr. Miriana felt that attaching the garage to the house would not affect that septic field. Mr. Fay explained that when it needs servicing, the truck will not be able to get to it. If the garage is attached to the house, the windows in the living room would have to be eliminated. Mr. Miriana stated Mr. Fay is attempting to build on the property line, and if this is allowed, others in the area will want to do the same thing. Mr. Fay said he is not attempting to build on the property line. Further, he has a 151 easement from the next property and the closest any structure could ever come to the property line would be 181. Mr. Garnsey felt Mr. Fay explained the hardship he would experience by attaching a garage to his house. It would require extensive renovations to his living area. Mr. Miriana feels the garage would be more accessible to the home if it was attached. Mr. Fay said there is not enough room to drive into the garage if it is attached to the house. Mr. Fay has given this project a great deal of thought for over two years, and this is the most aesthetic design he has come up with. In response to Ms. Solomonls question, Mr. Fay safd if the garage is close to his house, he could probably get the car in with a tremendous amount of maneuvering. Moving the garage closer to the house would also require that Mr. Fay excavate his leach field from the septic tank, possibly requiring that the septic tank be moved. Mr. Fay will not put a garage closer to the house because he feels it will ruin his property value and his neighbors would not be happy with that solution. - 4 - "INUTES - BOARD OF ADJu.~QT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Mr. Miriana feels that by putting the garage on the left side, the leaching field is closer to the home. He would not build a garage if he had to incur that expense of moving the leaching field. The field consists of 4" PVC pipes on top of rock. In order to move the garage closer, Mr. Fay would have to change the septi~ field and put in a new leaching field. This work could be done, but it would be costly. There was discussion taking place between members and Attorney Cherof advised them to make their comments heard so that those comments are part of the pUblic record. Vice Chairman Uleck explained that this is the first time the Board has encountered such a situation and they are experiencing difficulty understanding and deciding this case. Mr. Haag referred to Page 12 of the back-up material to explain how the neigh- bors access their property. Motion Mr. Garnsey moved to approve the applicant's variance to reduce the twentY-five foot required front setback to nineteen feet, and the ten foot required east side setback to 1.5 feet. Mr. Cordie seconded the motion. Mr. Miriana said that the Building Department has advised that these unincor- porated properties will be annexed into the City. The Board must consider the future regarding adjacent properties. This area is zoned R-1AA. He questioned whether or not the Board should allow this situation which may expand to other properties. He further feels Mr. Fay has other options. He feels the leaching field should be kept away from the home. Further, an attached garage would not aesthetically affect the home. He feels the Board must consider what an approv- al like this will mean in the future. Attorney Cherof advised the members to get back to the elements of a variance. Those elements deal with special circumstances and conditions which do not exist in other areas. He pointed out that of all of the cases'which have been dealt with before, the road easement and the unincorporated properties make this a unique situation. The question is not whether or not it can be designed dif- ferently. The Board must decide this case on whether or not it fits into the elements. Mr. Garnsey feels Mr. Fay has spent $120,000 improving his property and does not think he would do anything to detract from the property values. This property has high residential value and quality. His neighbors support his request. This situation is unique in that there are easements on both sides which will prOVide a buffer between his property and adjacent properties. He further feels this situation is the most unique of any of the requests he has experienced since becoming a member. Mr. Garnsey recommends approving the variance. Vice Chainman Uleck will also support this request for variances. THERE WAS NO ONE PRESENT TO SPEAK IN SUPPORT OR OPPOSITION OF THIS REQUEST. - 5 - MINUTES - BOARD OF ADJUSTIIENT MEETING BOYNTON BEACH, FLORIDA OCTOBER 18, 1993 The Recording Secretary polled the vote. Mr. Cordie No Mr. Garnsey Yes Ms. Solomon Yes 'Mr. Tineri Yes Mr. Ul eck Yes Mr. Miriana No The motion failed; the variance was DENIED. Mr. Garnsey asked Vice Chainman Uleck to explain to the applicant that a full Board was not sitting this evening and if the seventh member had been present, it is Possible that the motion to approve would have passed. Attorney Cherof advised that five affinmative votes are required to grant ~n appeal or variance. This Board was one person short. Ms. Solomon questioned whether or not Mr. Fay had any recourse because the Board was short one member. Attorney Cherof advised that anyone who voted in favor of the motion could make a motion to reconsider. If the motion passes, the item can be tabled until the next meeting for rehearing. Motion Mr. Garnsey moved to reconsider the motion in view of the fact that a full Board was not present. Mr. Tineri seconded the motion. The Recording Secretary polled the vote. Mr. Cordie No Mr. Garnsey Yes Ms. Solomon Yes Mr. Tineri Yes Mr. Uleck Yes Mr. Miriana .No The motion to RECONSIDER carried 4-2. Motion' Mr. Garnsey moved to table this matter until the next meeting when hopefully there will be one more member present and the vote will reflect the true wishes of the Board. Mr. Tineri seconded the motion. Attorney Cherof advised that these variances affect property rights. This Board is comprised of seven people and two alternates. The Board may want to set a policy on whether or not to hear a case, unless a full Board is present. Vice Chainman Uleck clarified that in the future, if less than seven members are present for a meeting, the Chainman should offer the applicant the option of having the case heard and accepting that decision, or waiting until a full Board is present. - 6 - - -- ----"._~----_.__.-...!:-..-_--_.-.------- MINUTES - BOARD OF ADJUStIIENT MEETING BOYNTON BEACH. FlORIDA OCTOBER 18. 1993 Attorney Cherof advised that many other cities offer this opportunity to the applicant. Vice Chainman Uleck realized that the presence of one additional member could have made the difference in this case. He added that during future meetings, if seven members are. not present, the Chairman will be responsible for offering the applicant the options available. There will be no additional cost to the appli- cant. The Recording Secretary polled the vote. Mr. Cordie Yes Mr. Garnsey Yes Ms. Solomon Yes Mr. T1 neri Yes Mr. Uleck Yes Mr. Miriana Yes The motion carried 6-0. Attorney Cherof advised that this case will be back on the next agenda. Motion Mr. Miriana moved that if a full Board (seven members) is not present, the option will be given to the applicant regarding whether he will accept the decision of the members present, or table the matter until the next meeting. Vice Chainman Uleck seconded the motion. The Recording Secretary polled the vote. Mr. Cordie Yes Mr. Garnsey Yes Ms. Solomon Yes Mr. T1 neri Yes Mr. Uleck Yes Mr. Miriana Yes The motion carried B-O. Vice Chainman Uleck advised Mr. Fay that he now has an opportunity to have his case reheard by the Board. He explained that this was a very unusual case for the Board. ADJOURNMENT There being no further business to come before the Board, Mr. Miriana moved to adjourn the meeting. Mr. Cordie seconded the motion. The meeting properly adjourned at 8:15 p.m. ~r_>Jt,~ ~n~~~.--pra1n1to Recording Secretary (Two Tapes) - 7 - MINUTES - BOARD OF ~TMENT MEET!. BOYNTON BEACH. FlORI~ OCTOBER 18. 1993 variance, the motion should be made to approve the variance and then it can be defeated. When the motion to approve is defeated, the variance is denied; how- ever, the members will always understand that a yes vote is for approval and a no vote is for denial. Mr. Tineri arrived'for the meeting. Mot1on Ms. Solomon moved to approve the minutes. Mr. Cordie seconded the motion which carried unanimously. AGENDA APPROVAL The agenda was accepted as presented. CONTINUED PETITIONS None NEW PETITIONS Case '18S 201 East Boynton Beach Boulevard Kenneth Zengage, Agent for Forward Progress, Inc. Applicant requests to reduce the ten (10) feet required front setback to zero (0) feet and reduce the ten (10) feet required side setback to two (2) feet in connection with the installation of a free- standing sign for a car wash business. This case was tabled earlier in the meeting. Property Owner/Agent: Request: Case '187 1 V1rg1n1a Garden Robert Fay The applicant is requesting to reduce the twenty- five (25) feet required front setback to nineteen (19) feet and reduce the ten (10) feet required side setback to one pOint five (1.5) feet for the purpose of adding a detached garage to a single- family residence lot. Mr. Miriana read the request and the Statement of Special Conditions, Hardships or Reasons Justifying the Variance. Property Owner: Request: Mr. Miriana explained that this property is zoned R-1AA. The Building Depart- ment denied issuance of a building penmit because the request did not meet the Code requirements with regard to setbacks. - 2 - MINUTES - BOARD OF ADJUSJIENT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Robert f!l said he is requesting this variance in order to build a garage to provide parking for his vehicle and storage for his lawn maintenance equipment. He is currently using a portable-type aluminum shed. Some of his equipment is also stored outside the shed. Mr. Fay lives on a cul-de-sac road with two other residences. Thos,e 'property owners support Mr. Fay I s request because they feel the addition of this garage will increase their property values. Mr. Fay explained that a 151 D.O.T. easement exists on the east side of his propperty. This easement is for a 36" stonm drain pipe which empties into the canal. Although he is requesting a setback variance from 101 to 1.51t only the closest pOint would be 1.51 from his property line. There would be 151 for the D.O.T. easementt and then the neighborls setback. He explained that the closest pOint of approach would be 231 to his neighbor. Mr. Fay owns the road/driveway which is an easement for the benefit of his neighbors. Going toward Colonial Clubt there is a 631 easement. There are tree lines separating the property. Againt his neighbors support his request and he has had no comments from the residents of Colonial Club. The garaget if approvedt would be built to match the house. He purchased the house eight years ago and has invested $120tOOO since that time. He has no place to park his car and his equipment is exposed to weather. At the present timet the conditions are aesthetically unappealing to his neighbors who have also invested a great deal of money in their property. In response to Vice Chainman Uleckls questiont Mr. Fay said the dimensions of the garage from north to south will be 281 t and from east to west will be 201. Mr. Fay said that only his property is part of the City at the present time. It is anticipated that his two neighbors to the east will be annexed into the City in the early part of 1994. The other two homes on the street are single-family residences. He has one and one-half lots. The half lot has nothing built on it. He circulated photos of the property. He clarified that if the garage is builtt there would be 221 at the closet point to the adjacent property. Because this property is on a diagonalt the 1:51 is the closest pOint of the southerly part of the proposed garage. The northern part of the garage would be 151 from the 151 easement. There is also an additional 151 on the opposite side of the easement. The tree line between the homes would not be disturbed. Mr. Miriana pointed out that the shed is a Code violation because it is on the property line. Mr. Fay explained that it was fn place when he purchased the house. Mr. Miriana confinmed that the road is an easement and wondered how far back from the easement the garage is proposed. Mr. Fay explained that he owns the road but cannot build anything on it because it provides ingress/egress for his neighbors. Mr. Haag clarified that the setback is measured perpendicular from the property line. The front of the property is on the north side of the road easement. Attorney Cherof advised that Mr. Fay does not technically have a road; he has an easement. - 3 - MINUTES - BOARD OF ADJUSntENT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Mr. Miriana noted that there is nothing on the west side between the house and the proposed construction. Mr. Fay said there is a 41 wing wall which hides the garbage cans. He wishes to place the garage where shown to allow for a gate which will penmit a vehicle through and provide the required 121 separation between the house and the detached structure. Mr. Miriana had a problem understanding why Mr. Fay wishes to locate the garage so far from the house, and projecting out front, close to the east easement. Mr. Fay said he cannot move it back because of the D.O.T. easement. Also, because the property line is diagonal, if the garage is moved back, it will be closer than the required 121. Mr. Haag confinmed that if the garage is detached, it must be 121 away from the house. Mr. Miriana suggested attaching the garage to the house. This will result in clearance from the easement. Mr. Fay said he is on a septic field and will not be able to service the field with a truck. A wide gate is required to pennit the vehicle to enter the area. Further, attaching the garage to the house would not be aesthetically appealing. Mr. Miriana stated the majority of homes are built with attached garages. Mr. Fay said he is restricted by the diagonal C.O.T. easement lines and the Code requirement of 121 . between structures. In response to a question from Mr. Garnsey, Mr. Fay said his neighbors to the east support his request, along with his neighbors on both sides of the canal. The neighbors using the road easement also support his request. Mr. Fay advised that written approvals from the neighbors are contained in the members I packets. Mr. Miriana inquired as to the location of the septic field. Mr. Fay explained that it is in the southeastern corner of th~ property. Mr. Miriana felt that attaching the garage to the house would not affect that septic field. Mr. Fay explained that when it needs servicing, the truck will not be able to get to it. If the garage is attached to the house, the windows in the living room would have to be eliminated. Mr. Miriana stated Mr. Fay is attempting to build on the property line, and if this is allowed, others in the area will want to do the same thing. Mr. Fay said he is not attempting to build on the property line. Further, he has a 151 easement from the next property and the closest any structure could ever come to the property line would be 181. Mr. Garnsey felt Mr. Fay explained the hardship he would experience by attaching a garage to his house. It would require extensive renovations to his living area. Mr. Miriana feels the garage would be more accessible to the home if it was attached. Mr. Fay said there is not enough room to drive into the garage if it is attached to the house. Mr. Fay has given this project a great deal of thought for over two years, and this is the most aesthetic design he has come up with. In response to Ms. Solomonls question, Mr. Fay safd if the garage is close to his house, he could probably get the car in with a tremendous amount of maneuvering. Moving the garage closer to the house would also require that Mr. Fay excavate his leach field from the septic tank, possibly requiring that the septic tank be moved. Mr. Fay will not put a garage closer to the house because he feels it will ruin his property value and his neighbors would not be happy with that solution. - 4 - : MINUTES - BOARD OF ADJ~1ENT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 Mr. Miriana feels that by putting the garage on the left side, the leaching field is closer to the home. He would not build a garage if he had to incur that expense of moving the leaching field. The field consists of 4" PVC pipes on top of rock. In order to move the garage closer, Mr. Fay would have to change the septio field and put in a new leaching field. This work could be done, but it would be costly. There was discussion taking place between members and Attorney Cherof advised them to make their comments heard so that those comments are part of the pUblic record. Vice Chainman Uleck explained that this is the first time the Board has encountered such a situation and they are experiencing difficulty understanding and deciding this case. Mr. Haag referred to Page 12 of the back-up material to explain how the neigh- bors access their property. Motton Mr. Garnsey moved to approve the applicant's variance to reduce the twenty-five foot required front setback to nineteen feet, and the ten foot required east side setback to 1.5 feet. Mr. Cordie seconded the motion. Mr. Miriana said that the Building Department has advised that these unincor- porated properties will be annexed into the City. The Board must consider the future regarding adjacent properties. This area is zoned R-1AA. He questioned whether or not the Board should allow this situation which may expand to other properties. He further feels Mr. Fay has other options. He feels the leaching field should be kept away from the home. Further, an attached garage would not aesthetically affect the home. He feels the Board must consider what an approv- al like this will mean in the future. Attorney Cherof advised the members to get back to the elements of a variance. Those elements deal with special circumstances and conditions which do not exist in other areas. He pointed out that of all of the cases which have been dealt with before, the road easement and the unincorporated properties make this a unique situation. The question is not whether or not it can be designed dif- ferently. The Board must decide this case on whether or not it fits into the elements. Mr. Garnsey feels Mr. Fay has spent $120,000 improving his property and does not think he would do anything to detract from the property values. This property has high residential value and quality. His neighbors support his request. This situation is unique in that there are easements on both sides which will provide a buffer between his property and adjacent properties. He further feels this situation is the most unique of any of the requests he has experienced since becoming a member. Mr. Garnsey recommends approving the variance. Vice Chainman Uleck will also support this request for variances. THERE WAS NO ONE PRESENT TO SPEAK IN SUPPORT OR OPPOSITION OF THIS REQUEST. - 5 - MINUTES - BOARD OF ADJUSlllENT MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1993 The Recording Secretary polled the vote. Mr. Cordie No Mr. Garnsey Yes Ms. Solomon Yes 'Mr. Tineri Yes Mr. Ul eck Yes Mr. Miriana No The motion failed; the variance was DENIED. Mr. Garnsey asked Vice Chainman Uleck to explain to the applicant that a full Board was not sitting this evening and if the seventh member had been present, it is possible that the motion to approve would have passed. Attorney Cherof advised that five affinmative votes are required to grant ~n appeal or variance. This Board was one person short. Ms. Solomon questioned whether or not Mr. Fay had any recourse because the Board was short one member. Attorney Cherof advised that anyone who voted in favor of the motion could make a motion to reconsider. If the motion passes, the item can be tabled until the next meeting for rehearing. Motton Mr. Garnsey moved to reconsider the motion in view of the fact that a full Board was not present. Mr. Tineri seconded the motion. The Recording Secretary polled the vote. Mr. Cordie No Mr. Garnsey Yes Ms. Solomon Yes Mr. Tineri Yes Mr. Uleck Yes Mr. Miriana .No The motion to RECONSIDER carried 4-2. Motton. Mr. Garnsey moved to table this matter until the next meeting when hopefully there will be one more member present and the vote will reflect the true wishes of the Board. Mr. Tineri seconded the motion. Attorney Cherof advised that these variances affect property rights. This Board is comprised of seven people and two alternates. The Board may want to set a policy on whether or not to hear a case, unless a full Board is present. Vice Chainman Uleck clarified that in the future, if less than seven members are present for a meeting, the Chairman should offer the applicant the option of having the case heard and accepting that decision, or waiting until a full Board is present. - 6 - I 'i I.n~ f..I.n'o NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Zonina Code of said City: Case #187 Owner/Agent: Requested Variance: Location: Legal Description: Use: Robert Fay Robert Fay is requesting to reduce the twenty- five (25) feet required front setback to nineteen (19) feet and reduce the ten (10) feet required side setback to one point five (1.5) feet for the purpose of adding a detached garage to a single family residence lot. 1 Virginia Garden A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, and more particularly described as follows: Begin at the intersection of the West right-of-way line of the Intracoastal Waterway as shown on plat of and as recorded in Plat Book 17, at page 14A, Palm Beach County Public Records, and a line parallel t~ and 76.1 feet South of as measured at right angles to the North line of said Section 4; thence in a Westerly direction along said parallel line a distance of 260 feet to the pOint of beginning; thence continue in a Westerly direction along said parallel line a distance of 140 feet; thence in a Southerly direction and parallel to said West right-of- way line of the Intracoastal Waterway a distance of 89.5 feet; thence in an Easterly direction and parallel to said North line of Section 4, a distance of 140 feet; thence in a Northerly direction and parallel to said West right-of-way line of the Intracoastal Waterway a distance of 89.5 feet to the pOint of beginning, together with an easement over the following described property; The South 15 feet of the North 76.2 feet of the West 285.13 feet of that portion of Government Lot 1, Section 4 Township 46 South, Range 43 East, which lies East of the East Right-of-way line of State Road No. 5 (U.S. Highway No.1) Except the West 150 feet thereof. Single Family Residence A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, October 18, 1993, 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 375-6061, City Clerk's Of ~.rn @ rn n w ~ lnJ I SEP 2 9 1993 ,00 .~ , PLANNING AND ZONING DEPT. PUBLIC HEARING-FAY Page 2 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, C.M.C. CITY CLERK PUBLISH: BOYNTON BEACH NEWS September 30 and October 7, 1993