LEGAL APPROVAL
100 'E. 'Boynton 'Beach. 'Bouleva.ra
P.O. 'Bo;C310
'Boynton 'Beadi, 'JfmUfa 33425.0310
City 9fafl: (407) 375-6000
'JJ1lX: (407) 375-6090
April ..1.9, 1994
James D. Ford
205 S.E. 21st Avenue
Boynton Beach, FL
Re: Board of Adjustment Case #193
205 S.E. 21st Avenue
Dear Mr. Ford:
Your request for a variance regarding the above referenced case was
approved by the Board of Adjustment at their April 18, 1994
meeting.
If I can be of assistance, please contact me.
Sincerely,
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Tambri J. Heyden J1
Acting Planning and Zoning Director
MH/cmc
A:Ford
cc: Central Files
Deputy Building Official
Case File
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MINUTES - BOARD OF ADJUS"-'NT MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1994
Attorney Rubin explained that from this pOint forward, all witnesses will be
sworn. Also, any time the Board denies a petition, the reasons for denial must
be stated in a written order. The reason for these new procedures is that as a
quasi-judicial Board, competent, substantial evidence must be provided to sup-
port the Board1s decision.
Attorney Rubin further advised that the City is preparing an Ordinance in this
regard. He will review that Ordinance in detail when it is complete. Until
then, he recommended following this new method of operation which will become
the standard operating procedure for the Board upon passage of the Ordinance.
At Mr. Steinhart1s request, Mr. Miriana reviewed the six criteria used by the
Board in evaluating a request.
Case '193
205 SE 21st Avenue
Property Owner:
Request:
James D. Ford
A variance to construct a duplex without required
setbacks and an undersize lot.
Mr. Miriana read the application. Mr. Ford requested the Board consider the
following exceptions to the building and site regulations of Appendix A-Zoning
Section 5 F.2. for the structure located in the R-2 zoning district:
1. Reduction in lot size from 9,000 square feet (required) to 8,862
square feet (4,500 per dwelling unit); and
2. reduction in the following required setbacks: rear setback 25.0 feet to
20.12 feet, west side (corner) 12.5 feet to 11.5 feet, and front setback
from 25.0 feet to 24.85 feet.
This request also includes changing the previously-approved use of the second
floor of the garage (personal storage only) to a dwelling unit. The requested
changes are in conjunction with modifying an existing single-family residence
with detached two-story garage to create a duplex.
Mr. Miriana read Mr. Ford's responses to the six criteria regarding special con-
ditions, hardships or reasons justifying the requested exception or variance.
CHAIRMAIN THOMPSON REQUESTED THAT SPEAKERS IDENTIFY THEMSELVES. ONLY ONE PERSON
WILL BE SPEAKING ON THIS APPLICATION.
The Recording Secretary administered the oath to Mr. Ford who was the only per-
son who would be testifying during this meeting.
Jim Ford~ 3927 89th Road South~ Boynton Beach~ circ~lat7d photos of th7 property
for viewing by the Board members. He felt the appllcatlon for the varlance was
somewhat misleading. Some of the residents he spoke with were under the impres-
sion he was planning to build. The only thing he wishes to do is utilize the
building to the best use allowable under the Code.
The building contains 1,620 square feet of space which was only to be used for
personal storage. However, an illegal apartment existed in the building for
many years.
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MINUTES - BOARD OF ADJUS' ~NT MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1994
Mr. Ford researched this property before he made his purchase and was aware of
the 1976 variance which denied use for anything but storage. However, he
believed he would be able to use the building. He then learned that the build-
ing cannot be used at all because final inspections were never made.
Mr. Ford advised that Mr. Haag has been of assistance throughout this procedure.
When Mr. Haag told him the support of the neighbors might help, Mr. Ford wrote a
petition which was signed by approximately thirty (30) of his neighbors. He
also submitted letters of support from Mr. Ed Allen, Jr. of 2202 SE 1st Street,
and Dennis Cavagnaro of SE 1st Circle.
Mr. Ford reminded the members that the rear and front setbacks were addressed in
1976. The west side setback was not addressed at that time. Mr. Ford wishes to
submit the proper plans to the Building Department to rectify some of the
problems which exist. Mr. Ford's architect detected a problem with a service
line from the pole to the rear of the building.
In response to a question from Mr. Miriana, Mr. Ford explained that he has had a
new roof put on the building and restuccoed the facade. The Building Official
has visited the site. When the electrical service problem surfaced and was
addressed to the City, it became obvious that a variance was needed in order for
any work to be done on the building.
In an effort to clarify this situation, Mr. Haag explained that when the owner
requested adding the second floor to the building in 1976, the building was
determined to be nonconfonming to setbacks. The owner was required to go before
the Board of Adjustment for a variance for the reduction in setbacks. A con-
dition was put on by the Board that the second floor of the garage could only be
used for personal storage. The construction proceeded, but final inspections
were never made. The owner occupied the area for an apartment. When Mr. Ford
purchased the property, he attempted to get the proper penmits to finish the.
second floor and the apartment. The Building Department stopped him because of
the requirements from 1976. Mr. Ford would like to make this structure into a
duplex.
Mr. Miriana questioned how two individual buildings can be made into a duplex.
Mr. Haag explained that Mr. Ford plans to make a connection between the two
bUildings. Mr. Ford indicated that he will do whatever the Building Department
requires to make the structure a single structure.
Lengthy discussion ensued regarding whether or not a breezeway could be used to
make two separate buildings into one. Chainman Thompson advised the problem
with this project is not the breezeway, but the fact that the building does not
meet City Code.
In Mr. Steinhart's opinion, this is a self-imposed hardship; however, the struc-
ture exists and Mr. Steinhart does not feel a huge change is being proposed.
Mr. Garnsey reminded the members that their responsibility is to detenmine
whether or not to grant the variance to reduce the lot size requirement for a
two-family dwelling and reduce the setbacks. The Building Department will
determine whether or not the building can be a duplex.
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MINUTES - BOARD OF ADJUS. NT MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1994
Vice Chainman Uleck feels the Code requires 4,500 square feet per dwelling and
the Board should not deviate from that Code.
Mr. Ford questioned Mr. Haag with regard to whether or not his variance request
was unheard with regard to lot size. Mr. Haag advised that the Board has
granted variances for reductions in sizes of dwelling units in the past.
Chairman Thompson said this Board exists to make adjustments, and each case is
judged individually. The Board considers self-imposed hardships and other cri-
teria.
Mr. Garnsey suggested the applicant's request be addressed separately when the
motion is made because if the Board does not grant the reduction in setback, the
building cannot be used at all. Mr. Garnsey pointed out that although the set-
backs were addressed in 1976, the one side was left out. Mr. Haag directed the
members to the 1976 survey which did not show that a setback was required at
that time. Since then, something has happened and the setback has changed. The
current survey indicates a setback reduction is required.
Mr. Garnsey feels the applicant's request should be approved. This is an unusu-
al piece of property and the circumstances are unique. The structure is already
in place. The 138' is a small reduction and the setbacks require only fractions
of a foot. The applicant has already made improvements to the property and has
the support of his neighbors.
Mr. Steinhart agreed with Mr. Garnsey's comments even though he feels the appli-
cant might have brought this hardship on himself to a certain degree. This is
not a huge reduction in size to fit the requirements. He feels the request
should be granted so that Mr. Ford can make use of the building.
Mr. Garnsey further pointed out that this came to light because the applicant
was trying to make improvements to the property. Without the variance, he will
not be able to secure the permits necessary to make the improvements to the
structure and aesthetics of the property.
Chairman Thompson wondered how the City could have allowed this structure to sit
for eighteen years without being completed.
Mr. Miriana understood the applicant's position, but expressed concern over the
terminology of duplex. He suggested this situation be addressed. Mr. Garnsey
again reminded Mr. Miriana that it is not the Board1s responsibility to address
the duplex issue.
Vice Chainman Uleck feels the Board should follow the Code. The dwelling should
be 4,500 square feet. He wondered why this was rejected in the past, and feels
no hardship has been experienced.
Chairman Thompson read two letters of support for this request which were sub-
mitted by Mr. Ed Allen, Jr. and Dennis Cavagnaro. (These letters are on file in
the City Clerk's Office.) He reminded the members that the letters of support
should not be the detenmining factor in the Board's decision.
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MINUTES - BOARD OF ADJUS' 'NT MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1994
Motion
Mr. Garnsey moved to have two separate motions.
THE MOTION DIED FOR LACK OF A SECOND.
Mr. Haag explained that if the variance is denied for the duplex, the applicant
would need the setback variance or the structure will be nonconfonming. He
further advised that the applicant paid for two variance requests.
Motion
Mr. Garnsey moved to consider these separately. Mr. Tineri seconded the motion,
which carried unanimously.
Motion
Mr. Steinhart moved to grant the variance to allow the reduction in the lot size
from 9,000 square feet to 8,862 square feet. Mr. Miriana seconded the motion.
The Recording Secretary polled the vote. The vote carried unanimously to grant
the variance.
Motion
Mr. Miriana moved to allow the variance for the reduction in the following set-
backs: rear setback 25.0 feet to 20.12 feet, west side (corner) 12.5 feet to
11.5 feet, and front setback from 25.0 feet to 24.85 feet. Mr. Steinhart
seconded the motion. The Recording Secretary polled the vote. The vote carried
5-1 to grant the variance. (Chairman Thompson cast the dissenting vote.)
OTHER
Mr. Tineri asked if the members could possibly get their infonmation packets a
little earlier than they are currently receiving them.
Discussion ensued regarding whether or not the members are penmitted to visit
the properties prior to the meeting. Attorney Rubin stated the members can
visit the property, but may not speak to the owners, or receive any evidence or
communications prior to the meeting. The Supreme Court feels ex parte communi-
cations raise a presumption of prejudice, and therein lies the danger.
Chairman Thompson said he drives past the property involved to try to view it
from all angles, but he does not stop.
ADJOURNMENT
There being no further business to come before the Board, Mr. Miriana moved to
adjourn the meeting at 8:30 p.m. Mr. Tineri seconded the motion, which carried
unanimously.
~:L>n.P~
~;~;-M~ Prainito
Recording Secretary
(Two Tapes)
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tp~~
NO'l'ICB OF PUBLIC BEARDlG
NOTICE IS BBREBY 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 provisions
of the Zoning Code of said City:
Case #193
OWner: James D. Ford
Requested
Variance: Application for a variance to construct a duplex
without required setbacks and under size lot.
Location: 205 S.E. 21st Avenue
Legal
Description:
Lot 19 Seaway Terrace Addition
Plat Book 23, Page 127, Palm Beach County,
Florida
A PUBLIC BEARING will be held relative to the above application by
the BOARD OF ADJUS'DIElIT at City Hall, Conmission Chambers, Boynton
Beach, Florida, on Monday, April 18, 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 375-6061, 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.
CITY OF BODI"l'af BEACH
SUZAMMB M. KRUSE, C.M.C.
CITY CLERK.
PUBLISH: March 31 and April 7, 1994
Boynton Beach News
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lAAR ? 9 \994
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plANNING AND
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