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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Plannblg & Zoning Engineering Occupational License Community Redevelopment January 18, 2001 Susan Gayhart 106 Lisa Lane Lake Worth, Florida 33463 Re: FileNo.: Location: Lake Addition to Boynton (Lot 37, Block 3) ZNCV 00-019 711 NE 9'\ Avenue Dear Ms. Gayhart: Enclosed is the City of Boynton Beach Development Order for zoning code variance which was denied on January 16,2001. Should you have any questions regarding this matter, please feel free to contact this office at (561)742-6260. Sincerely, 7L tJ "ZL- Michael W. Rumpf Director of Planning & Zoning MWR/vr J:\SHRDATA\Planning\SHAREDlWPIPROJECTS\Lot 37 - Block 3 - Gayhart Vanance\dev, order Itr. denied,doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 r.. DEvr 1PM, T ORDER OF THE CITY COMMI5_.0N OF THE. Od___. CITY OF BOYNTON BE ' A:L'?, ::~:,::~::::::::~:::::~ot 37. Blook 3),~ l ~ ~ ~ J ~J~, ~~~ APPLICANT'S ADDRESS: 106 Lisa Lane, Lake Worth, FI2.~~~_rib\s@,.; 2;" .::._ - DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 02,2001/ JOJIUlJfY 110,100/ TYPE OF RELIEF SOUGHT: Zoning Code Variance - Single-family on non-conforming lot LOCATION OF PROPERTY: 711 NE 9th Avenue City of Boynton Beach, FI DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recomrr.:>ndation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief SOU9ht was made by the Applicant in a manner consistent with the requirernents of the City's Land Development Regulations. 2. The Applicant HAS -Z HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. X DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED:---.J -/lo-Ol ..A..LCity Clerk erCC.d~ - ,,\\\11111/1111111. ,\~, I, ,?,';.... Of R()); J'/~ ~ l. ~ ......n...... /V;. ~ :J .....' ....~ee~o -. 0 ~ ~ (J ~ ~ ~... 'J; ~ _: ~, <Sl '" ~ \i 1 g)} m ~ - 8 'l>- ~ ","', ~O j~f ~ 0 .......:..; ~ '0//1 ~/DA ~# 1IIIIIIJIIII\\I\\\~ 7. Other t:l D N e... S;\Plannlng\SHARED\WP\PROJECTS\lot 37 Block 3 (lake addition to Boynton) ... ... """ .~ .. EXHIBIT "D" .."", Conditions of Approval Project name: Susan Gayhart Variance (Lot 37, Block #3) File number: ZNCV 00-019 (single-family on non-conforming lot) Reference: Zonin!1 Code Variance Annlication dated November 16 2000. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1) The applicant must exhaust in good faith the possibility of X purchasing extra land from an adjacent parcel to bring the subject lot to conformity. This purchase attempt could be verified by a signed/notarized statement from the subject property owner documenting that a sales transaction could not occur and the soecified reasons for failure. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1) The applicant must exhaust in good faith the possibility of purchasing the X minimum needed land from an adjacent parcel to bring the subject lot to conformity. This purchase attempt could be verified by a signed/notarized statement from the subject property owner documenting that a sales transaction could not occur and the specified reasons for failure. Failure cannot be attributed to askinl!: orice if equal to or below reasonable (e.g. fair market) value. ADDITIONAL CITY COMMISSION CONDmONS >< . . Page 2 Auto Zone File No.: NWSP 98-007 I ",'ARTMENTS 2. To be determined. I mewn" I RIDEcr I MWR:arw S:\PLANNING\SHAREDlWP\PROJECTS\LOT 37 BLOCK 3 (LAKE ADDITION TO BOYNTON)\COND. OF APPR P&D.DOC Ii I I II 'I Ii II Ii , , I ORDINANCE NO. 78-:::; . . AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 11.lC, APPENDIX A, ZONING REGULATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA RELATIVE NON-CONFORMING LOTS; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF !BOYNTON BEACH, FLORIDA, Section 1: That Section 11.lC, Appendix A, Zoning IRegUlations of the Codified Ordinances of the City of Boynton "Beach, Florida be and the same is hereby amended to add. thereto the following subsection: I I lots described in this section is conveyed to an individual owner or owners subsequent to the effective date of this amendment, the "4. In the event title to any non-conforming lot or exceptional provisions of this section shall not be applicable to said lot or lots, and prior to issuance of a building permit for construction of improvements on any of said lot or lots, the owner shall be required to purchase, or acquire, additional adjacent property to meet minimum lot requirements established by ordinance;: or in the alternative, to obtain a variance or special exception from the municipal Board of Adjustment for the use of subject property. " Section 2: Separability: Each of the provisions of this ordinance is separable, including word, clause, phrase or sentence, and if any portion thereof shall be declared invalid, the: remaining portion shall not be affected but shall remain in full force and effect. parts I I tbe come , I I il Ii 11 ,. li Section 3: Repealing Provision: All ordinances or of ordinances in conflict herewith are hereby repealed. Section 4: An Effective Date: This ordinance shall effective in the manner and at the time provided by law. ;i t' ,. Ii I: I " :i il ;. I' i !February, !i :\ I' jl " 11 I' i! II II II - t). First reading, this i -day of February, 1978. Second, final reading and passage, this :J,/~ day of 1978. CITY OF BOYNTON BEACH, FLORIDA By: ~~~#. / /' . _ z If-fY-rc:-[/ Councilmember / () lj)~tl ~~ Councilmember ATTEST: ~d~) fi~ C~ ty Clerk . (Corp. Seal) -2- b. The parcel has a frontage of not less than fifty (50) feet, and a lot area of not less than .vd:i;.. _ Ii """ ~.J LA' "+~ five thousand (5,000) square feet; ~ V'() f J 11 CU::. .__"/ ~e-~? . c. propertycannotbeaCq~ .5.00c? s1' ~ (1- /; (,.'2:.3~)) adjacent parcels so as to make the subject parcel J conforming, without causing the adjacent parcels or 're-I'WJLJ...-<..V/) of ~ ry.e.vl'ou> p~'({eL? structures thereon to become nonconforming or more U1..fA f nonconforming. J-t~.r:. VJ<.tt.J2.... ~ ~ t'f!--j Y For any parcel or lot, or combination r~ . Tfl '" of lots under the same ownership, where the total ]..'" tL v~ ~ ; --J11.V~'-"U"'" ~L frontage and the total area is equal to or greater than that which is required by the district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. C. NONCONFORMING LOTS. 1. A detached sinb ..-rami!} dwelling may be constructed on any parcel located in an R-l, R-IA, R-2 or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot; Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single-family house. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. " )11 Kt. . 'j . I ~ "-K -rU if 1k.- Iv<>.q-'d'-' . rJrJL!..~~ is ~ffoecR.... -f~ -fLe- S; 'Je.. C4>"-UV\...lA.- s Lc v (ct k...- it<eo t. ,,!fA cef~~ t-~ ) ('3e... ^ . Ho WLV"V<- I +~ r~ ,'; jA.A)"'~ CP"-PV'M1: 0'-' 2- bu't.enAv,: ~(>e- ~ F-....;C~. r~F~ / +U 6c<J1 d.. k. ff.e.. ~ fo~ fA- $i?e.. W'."d' <./ . "1- ,) v-~ Irc-T \~~ . 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Lo-t r 151 t It 4,- /,,:< d~ jI. /. &rs ~/~ &f9 r ('""' (0' L19Ke /9Z1V/7"MA/ ~..o/8.3 - A~d ~/dJ,/ - ~ J/~~ - ^ ~ i1 ./- ~~s 4~ AN~/~~./~y.t. 6c~.::z.. /&dvd. ~ AA'n~_ ~ )l'c.&d ~d,.- ~~ ~&~/... fi~",//'/./~.""t!ttAa.C"h ~~ ",e~,~~,~'6.c ~ ~4/.~ :P~~ mA?H"~$U~ AO/n--&J.- ~ :;7.u,-iuJ 12-1;!/~ :, ~ //9~7 ~ ~J<j/99 ~-P~~~ 13 '~ ~ fi~/fl<.~~~ ;ln~r ~<6~~ ~$'~L.c~ ~~~~ ...,.w....'- jort.;cs/ {?Ir:~ MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, HELD IN THE BUILDING DEPARTMENT, MONDAY, SEPTEMBER 12, 1983, AT 7:00 P.M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Paul Slavin Harold Weinberg Lillian Artis, Alternate Leo Grossbard, Alternate Edgar "Bud" Howell, Building Official ABSENT George Mearns Joseph Moore (Excused) (Excused) Chairman Thompson called the meeting to order at 7-:05 P.N. with an explanation of apology to everyone for the small meeting room tonight. Chairman Thompson introduced the Members of the Board, the Recording Secretary and the Building Official, Mr. "Bud" Howell. He noted that two members have excused absences this evening. Of the seven voting members tonight, five assenting votes would grant a request and any other combination would deny a request one way or the other. MINUTES OF AUGUST 8, 1983 MEETING OF THE BOARD OF ADJUSTMENT Mr. Grossbard moved to approve the Minutes as presented. Vice Chairman Ampol seconded the motion and the motion carried 3-0. Those not present at the August 8th meeting abstained from voting. PUBLIC HEARING PROCEDURE The six (6) criteria on which the Members of the Board of Adjustment base their decision were read by Chairman Thompson. Chairman Thompson announced that applications would be taken in the order in which they were received at City Hall. Case #39 Applicant: Request: Proposed Improvement: Robert Brown Relief from lot area requirement of 7,500 sq.ft. to be reduced to 6,625 sq.ft. Location: Construction of 1,500 foot minimum pole house (two stories) 733 N.E. 8th Avenue .~,: MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1983 Secretary Gordon read from the application as follows: "Property involved: Lot #45, Block #4, s/D Lake Mdition to Boynton, Plat Book 11, Page 71, or otherwise descriJ:ed as follows: Property Mdress: 733 North East 8th Avenue Property is presently zoned, RlA, Forrrerly Zoned: RlA Denial was made upon existing zoning requirerrents frc:rn which relief is required: RlA zoning district requires minimum lot area of 7, 500 square feet. Nature of exception or variance required, Applicant is requesting the required 7. 500 square foot lot area be reduced to 6, 625 square feet. Proposed irrproverrent, Construction of a 1, 500 foot minirm.nn pole house, two stories. Narre of Applicant: Robert Brown Address of Applicant: 701 South Seacrest Boulevard, Boynton Beach" Secretary Gordon read the applicant's responses to the six questions as follows: "a. 'I'ha special conditioos that exist to this particular parcel of land are: the lot is presently zoned for single-family residential use, hOVlever at the present tirre, there exists a shortage of square footage 00 the road frontage, required by current zoning laws, to allow the constructioo of a hare. Also, because of the low elevation of the sites in this area, it will be necessary to fill at least one foot of fill over the entire area of the property to enable this site to have a yard. Witlxlut this fill, the alternatives for the prospective hareo.mer would be to have a hare in the middle of an inundated lot, with no available off-street parking. b. 'I'hase special conditions do not result from any actioos taken by myself, but are simply a result of progressive zoning changes that have taken place over the years since the developrent's initial platting and the natural settling and decanposition of the muck topsoil layer. c. By the granting of this variance to build, the City of Boynton Beach will not be conferring any special privileges to this particular property that is denied by this ordinance to other hares or buildings presently in this Satre zoning district. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1983 "d. The literal interpretation of the provisions of this chapter would deprive rre of the rights that are enjoyed by other horres within this sarre zoning district and would work an unnecessary and undue hardship upon rre. e. The variance that I request is a minimum variance that will ITBke it possible for this land to be used for its most reasonable use in this area. f. The granting of this variance will be in hanrony with the general intent and purpose of this chapter and will in no way l:e injurious to the area involved or detrirrental to the public welfare." Mr. Robert Brown, 701 South Seacrest Boulevard, Boynton Beach, stated that he has lived at this address for the last seven years. Chairman Thompson asked the applicant if there was anything he would like to tell the Board that might shed some light on why he feels he should be granted a variance. Mr. Brown stated that he purchased this lot with the intention of building a home for himself. He is presently renting in his Mother's house and would like to leave so he purchased this land in order to build a house. It is a very nice and quiet area. All of the traffic from Federal Highway and the railroad tracks is swept off to the west by the nice breeze that comes off the Intracoastal so it makes an ideal lot for a nice quiet neighborhood. Mr. Brown contacted the property owners adjacent to the subject lot and was told they weren't intereptedm breaking up their parcels of land just for a 10, 20 or 30 ft. accommodation to him so that he could buy 10, 20 or 30 ft. to allow himself the needed frontage. One property owner next to the subject lot, said he would sell both of his lots which are currently listed at $25,000. That would be a financial burden on him to have to buy three lots to build on one. The reason Mr. Brown put "pole house" down is because the land is a little low, especially in one area. He understood that there was some concern about filling these lots because of added run-off water. Mr. Brown thought the best compromise would be to allow the water to run under the house. He has seen a lot of pole houses constructed in New Smyrna, Hobe Sound, the Key,s, Marco Island and St. Petersburg. They have a good, useful life of 25 to 30 years and the banks will finance on them. As long as it meets all the engineering specifics and requirements, he did not see that it would be i'n any way dangerous or anything like that. - 3 - t , "-' MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1983 Chairman Thompson called for any questions of the applicant by the Board Members. At this time there were none. As this was a Public Hearing, Chairman Thompson asked if there was anyone else in the audience who wished to speak IN FAVOR of granting the variance. There were no responses. Chairman Thompson asked if there was anyone in the audience wishing to speak AGAINST the granting of the variance. No one responded. Mr. Brown asked if he could speak in his own behalf. He wished to add that he has spent about $1.500 for soil samples, etc., which would be nonrefundable if he did not get the variance. He said it would be money that would be thrown by the wayside. Secretary Gordon had two pieces of correspondence in opposition to granting the request. He read a letter received from W. Pflepsen and Susan Pflepsen dated August 31, 1983. Secretary Gordon also read a notation written on the Notice of Hearing form, received from Henry Starr and Gisela Starr. Mr. Slavin had questions to address to Mr. Howell. Mr. Slavin referred to Mr. Brown's comments about a foot of fill on the property and then about a pole house. We have a blueprint of a building going up but Mr. Slavin did not know whether it was being put up on tiles or being built on the ground level. Mr. Howell stated that a pole house ordinarily is set above ground and it will be allowed if it is structurally sound and does not exceed the height limitations. Mr. Slavin understood that but referred to the two statements made about, a) a foot of soil and, b) a pole house. He did not know what the speci- fications call for in the architect's drawing but asked if it would be a pole house or a house on another foot of soil. It was Mr. Howell's understanding that the applicant wanted to add a foot of fill which is pOSSible as long as he doesn't impede the natural flow of water because that is in a flood plaRe zone. It was also Mr. Howell's understandinq that the pole house would be elevated above ground level. In other words, Mr. Slavin ascertained, that the applicant wants to add a foot of soil and then build a pole house. Mr. Howell concurred. In this case, Chairman Thompson advised, it is not a question of the type of house as this is allowable by the City as long as it meets the standard code. The question before the Board tonight is the reduction of 875 square feet. Mr. Slavin asked Mr. for this house to be requested, setbacks. Howell if there was enough square footage constructed on the property with the Mr. Howell replied affirmatively. - 4 - / i ~' '..,. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12,1983 Vice Chairman Ampol addressed his questions regarding the height of the structure and proper footing to Mr. Howell. Mr. Howell concurred that it would be two stories and would be similar to setting on piles and the applicant would be limited to how high he could raise it. This would be determined by the pitch of the roof because there is a 25 ft. maximum height limitation, but the applicant would be able to raise it to a certain extent. Chairman Thompson commented that if the request is granted, the 7~' setback requirement would be met and the house would be 35' wide. Being a newcomer on the Board, Mr. Weinberg asked the Chairman if it was the Board's responsibility to consider the type of house being built on the property in relationship with the surrounding area. Chairman Thompson referred to properties being zoned according to the City ordinances. He didn't believe that, lawfully, the Board could say what style of house should be constructed. As long as it meets the City specifica- tions, design is not part of that interpretation. Mr. Weinberg commented that one of the objections here states that it is an inappropriate structure for that location and he was just wondering whether the Board had to take that into consideration or not. Mr. Weinberg stated that the Chairman's explanation gave him the answer. For the record, Chairman Thompson commented that, as was pointed out,there are two vacant lots and to purchase two lots would be a hardship. Chairman Thompson believed from what he saw on the other side, there was no land available. Mr. Brown added that there was a home on the other side.----.- Mr. Slavin moved to grant Mr. Brown the variance as requested for several reasons: 1) The lot is not conforming because of City actions in upgrading building codes and zoning laws. 2) Back in 1972L we have copies of Minutes of the Board of Adjustment, grantinq a variance to this lot to build a residence on a ~~_lot. We know we have tactual records that Hr. Brown tried to urchase a ~ ~onal ornperty and it is beyond his means. We know that we cannot deny a person the use of their property. The house will fit within the variance required. The Building Department will see that all codes, heights, etc., will be kept and maintained and will be built accordingly. - 5 - , ~.. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1983 Vice Chairman Ampol seconded the motion. Under discussion, Mr. Weinberg referred to the Minutes of 1972 and asked if the variance was granted once, and the property still remains vacant, as in this particular case, is it necessary to get a current variance. Mr. Howell advised that that variance was on the frontage which was 60' and the variance being applied for now refers to the total square footage. At the request of the Chairman, the Recording Secretary took a roll call vote as follows: Mr. Slavin Mr. Grossbard Vice Chairman Ampol Chairman Thompson Mr. Gordon Mr. Weinberg Ms. Artis - Aye - Aye - Aye - Aye - Aye - Aye - Aye Motion carried 7-0 in favor of granting the variance. Case #40 Applicant: Request: Anthony and Carol DiNorcia Relief from 10 ft. side yard setback requirement to be reduced to 5 ft. side yard setback proposed Improvement: Location: Construction of an addition containing a bedroom, closet, bathroom and garage 605 Whispering Pines Road Secretary Gordon read from the applciation as follows: "Property involved: Lot 7, Block 8, sID Mission Hill, plat Book 24, Page 178, or otherwise described as follows: Address: 605 Whispering Pines Road Property is presently zoned: R-lMB, Forrrerly Zoned, RIM Denial was made ).lpon existing zoning requirerrents from which relief is required: RlMB zoning requires 10' minimum side yard. Nature of exceptioo or variance required: Applicant is requesting that the side yard be reduced to five feet (5'), therefore a variance of five feet (5') is required . Proposed improvanent: Bedrocm, closet and bathrocm and garage. Narre of Applicant: Anthony and Carol DiNorcia Address of Applicant: 605 Whispering Pines Road" - 6 - MINUTES OF THE BOARD OF ADJUSTMENT MEETING HElD AT CITY IIALL, BOYNTON BEACH, FLORIDA, JULY 17, 1972 AT 5:30 P. M. PRESENT : lAster Cousins Robert Beane Foy Ward Frank Lucas Robert Collier Jack Barrett, Acting Building Official ABSENT : Ezell Hester Robert Hueston I,falter Rutter Mr. Cousins called the meeting to order at 5:30 P. M. Parcel #1 - Relief from &J 1 lot width requirement to 50 I lot width platted Lot 45, Block 4 Lake Addition Recorded in Plat Book 11, Page 71 Palm Beach County Records Address: 733 N. E. 8th Avenue Applicant: Jim H. Carter The purpose of the variance as stated on the application is to build a residence on a 50 I lot. Mr. Jim Carter would like the Board to grant the variance. He provided copies of a memorandum, Zonilut which deorives owner of use of oroperty invalid. to each member of the Board. It is his understanding that you cannot deprive a person of the use of his property through zoning. Era. Emily Jackson spoke in favor of the variance. In 1951 we came down here and there were 4 houses on 8th Avenue, 1 on 9th Avenue, and 4 houses in the process of being built. We liked it 80 well, we bought:. our lots. It 'l6S a beautitul subdivision, sidewalks, paved streets, and curbs. These people bought this property with the hope that some day they would move down here and live. She would be deli8hted to have a house built on this lot. She would lilte to see it built up. There are some beautitul homes on 50' lots. Adel Nicholar asked if this would be a single fa.mily residential type of home. Mr. Carter stated that he is not asking for apprcwal of plans, just for a variance. !oli'. Barrett stated that the zone would not allow anything except a single family residence. Mrs. Nicholar asked if a person can ask for a variance when he owns two 50 I lots, can I t he be told he has to build on the 100 I ? -1- .... - -~ - - .,. . MINUTES _ BOARD OF ADJUSTliENT MEETING JULY 17, 1972 It was the Board's feeling th~.t he could ask for a variance if he bought two 50 I lots no!; one 100 I lot. Hr. Collier asked what the setback requirements are? Mr. Barrett stated 25 I for the front and back and 7t' on the sides. Mr. Barrett stated that all other requirements must be met. A substandard lot of record may be used for single family residence provided requirements are maintained. " Hr. Beane stated that he wae under the impreesion that it wae in the code that before the Board could hear it, you had to submit plans to the Bnilrling Department. Mr. Barrett stated "no". !1r. Wa.rd moved that the variance be granted provided all setback requirements are met for this particular area. seconded by Mr. Beane. Motion carried 5-<). Variance granted. ! Mr. Cousins reported that he will be absent from August 30 to September 10. I Hr. Collier moved to ~.djourn, seconded by Mr. Lucas. Meeting adjourned. -1r "I . . NOTICE Nor ICE IS HEREBY GIVEN that the fOllQWing application has been made to the BOARD OF ADJUSTMENT of the CITY OF "BOYN'l'ON BEACH, FLORIDA for variance as indicated, under and pursuant to the provisions of the zoning code of said City: Parcel #1 - Relief from GO'. lot width requirement to SO' lot width platted Lot 45, Block 4 Lake Addition Recorded in Plat Book ll, Page 71 Palm Beach County Records Address: 733 N. E. 8th Avenue Applicant: Jim H. Carter A PUBLIC HEARING will be held relative the above application by the BOARD OF ADJUSTMENT at the City Hall, Boynton Beach, Florida, on Monday, July 17, 1972, at S:~O P. M. All irtte~- esteJ parties cue p'Jtifieu to appear at said hearing i..T\ person or by Attorney and be heard. BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH Ezell Hester, Chairman PUBLISH: Boynton Beach News Journal July 6 and 13, 1972 . III!t MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 9, 1984 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Joseph Moore Paul Slavin Harold Weinberg Lillian Artis, Alternate Leo Grossbard, Alternate Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:02 P. M. He introduced the Deputy Building Official, Board Members, and Recording Secretary. Chairman Thompson recognized the presence in the audience of Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilman Nick Cassandra, and Council- man Joe deLong. MINUTES OF DECEMBER 12, 1983 Mr. Ampol moved to accept the minutes as received, seconded by Mr. Mearns. Motion carried 7-0. PUBLIC HEARING Since the full Board was present tonight, Chairman Thompson announced that the Alternates would take part in the discus- sion but would not vote. Out of the seven members, it will take five members to approve the request. Any three will deny the request. Chairman Thompson read the six criteria on which the Board Members base their decision. Case #48 - Lot 43, Block 4, LAKE ADDITION TO BOYNTON Recorded in Plat Book 11, Page 71 Palm Beach County Records Request - Relief from 60 ft. lot frontage require- ment to be reduced to 50 ft. lot frontage and relief from. 7,500 sq. ft. lot area requirement to be reduced to 6,625 sq. ft. lot area to construct single family residence Address - 729 N. E. 8th Avenue Applicant - Beverly Bottosto Secretary Gordon read the application. Chairman Thompson asked if anyone was present to represen~ the applicant. Beverly Bottosto, 478 Wayman Circle, West Palm Beach, Florida 33406 was asking for a variance because she is an - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 Interior Designer in Delray Beach but presently lives with her family in West Palm Beach, near Wellington, which is about a 45 minute drive. Miss Bottosto wants to build a small home for herself. Miss Bottosto informed Mr. Ampol that she is single and will move into the home herself. She confirmed Mr. Mearns' state- ment that she purchased the lot in November, 1983. In the Building Department's plats, Mr. Slavin questioned if this lot has always been a 50 foot lot or a part of another lot. Mr. Keehr replied that it has always been a 50 foot lot. Chairman Thompson added that at least 95% or 97% of the lots were platted at 50 feet and some at 45 feet, depending on where they were located. Mr. Ampol noted that the zoning in that area was changed in June, 1975. Mr. Keehr advised that the actual RIA stayed the same, but the size of the lot etc. increased. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Bob Brown, 701 South Seacrest Boulevard, purchased a lot around and close to the same area and received a variance. In the mail, he received a notice to make a statement of whether he was for or against it, and since he is just down the street, Mr. Brown figured he would come down and speak in favor of the variance. As far as he was concerned, it will be no problem on his part. Chairman Thompson asked if anyone else wished to speak in favor of the proposed variance. There was no response. Mr. Ampol observed a drawing of the proposed home. To.him, it looked better than an empty lot. Chairman Thompson asked if anyone wanted to speak against granting the variance. . Adele Nicholar, 721 N. E. 8th Avenue, Boynton Beach, said the lot adjoins her property. There were three 50 foot lots a few years back. One was owned by one person, and two 50 foot lots were owned by another person. The man with the one 50 foot lot came in here a few years ago, said it was a hardship and that he had offered to buy some of the land from the man that owns the 100 feet and couldn't get it, so he asked for a variance. This Board said it was a hardship and asked what he could do with 50 feet, so they let him have it. Ms. Nicholar said the property owners backed down - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 because it is true, if you only have 50 feet, what can you do. She emphasized that the lot has been standing empty, and she didn't know how many times it has been sold. Nothing has ever been done. Ms. Nicholar recalled that the man showed pictures of a house he was going to build and she assumed it was done really to gain money by selling the lot. Without the variance, the man could not have sold the lot. Ms. Nicholar continued that this party perhaps bought one lot or perhaps his daughter is buying one lot, but they always felt as long as the man had the two lots, he had the amount of property to build the house without a variance. If this man now sells 50 feet of his 100 feet to Miss Bottosto and the City allows her to go ahead and build a house on 50 feet, people will then come before the Board in a short time and say, "Here I am with only 50 feet left. Now give me a variance." Ms. Nicholar said they will wind up with three houses where, normally, there should only have been two; in fact, really only one. Ms. Nicholar informed the Board that the first man got a variance; the second party is getting a variance, and a third party. When a party has 100 feet, Ms. Nicholar felt there was no hardship involved. The 100 feet should be used to build the house. Most of the houses there have 60, 75 or 100 feet frontage. There are very few houses with 50 feet frontage on that street. George Nicholar, 711 N. E. 8th Avenue, Boynton Beach, has a lot that measures 85xlOO and felt the same as Ms. Nicholar. Where the property owners thought there was going to be one or perhaps two homes, it now looks like there will be three homes. That was his objection. Chairman Thompson determined no one else wished to speak against granting the variance. Secretary Gordon read the following correspondence addressed to Betty Boroni, City Clerk, expressing approval of the granting of the variance: 1. Letter dated January 4, 1984 from Rose Marcellino, the owner of several lots located on 7th Avenue. 2. Letter from Salvatore Gatto, owner of a piece of land located on 7th Avenue, dated January 4, 1984. 3. Letter dated January 4, 1984 from Nicholas Gatto, owner of a lot on 7th Avenue. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 4. Letter from Waldemar Pflepsen and Sue Pflepsen, owners of a piece of property on 7th Avenue. Secretary Gordon then read a letter from Daniel E. Magnus and Frances E. Magnus, dated December 28, 1983, addressed to Betty S. Boroni, City Clerk, advising the Board to deny the application. Mr. Slavin thought a letter from Eva Simond, addressed to Miss Bottosto, should also be read into the record. Secre- tary Gordon read: "At this time, I wouldn't be interested in selling my lot, as I am hopeful I will be able to build a home on it in the near future. Thank you for your interest." In looking at the survey of the area, Chairman Thompson found most of the lots were 50 feet and a few were 40 some feet. The ones near U. S. I would come up with 60 or 65 feet. Chairman Thompson did find people owning 1-1/2 or two lots in the area, which either made it 75 or 100 foot frontage. Mr. Keehr affirmed that was correct and said the majority of the lots are 50 feet except at the end of the blocks where they have to be split up. This particular Lot 43 is the west lot of three vacant lots. Mr. Mearns asked what lot Eva Simond owned that Miss Bottosto attempted to buy and Ms. Simond was not interested in sell- ing. Chairman Thompson believed it was Lot 44 (right next to it). AS our most recent tax books indicate, Mr. Keehr advised that Lots 43 and 44 are owned by C. W. and Mary Fleming. However, our tax books are almost a year old now, so both of those lots could have been sold in the meantime. Chairman Thompson commented that Miss Bottosto bought Lot 43 from the Flemings in November. If an original owner wanted to build on a 50 foot lot before the new Zoning Codes came in, Mr. Slavin asked if it would be an automatic thing. Mr. Keehr answered, "Yes." Mr. Slavin determined that, in effect, there would be two more homes built regardless. If the owner of Lots 43 and 44 presently owned those two lots, Chairman Thompson questioned whether they would be required to split them up or if they would have to own three or more lots before being required to split them up. Mr. Keehr confirmed that you have to own three or more lots and then you are forced to split them up. If the Flemings owned - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 it prior to March of 1978, two places could have been built on each lot (Lots 43 and 44). Mr. Slavin moved to grant the variance to Miss Bottosto for the following reasons: 1. It was originally platted as 50 feet. As stated by Mr. Keehr, if the original owner wanted to build a home there, there is no way he could have been stopped regardless of the new zoning codes. 2. There is documentary proof that an attempt was made to buy the lots or a lot owned by Eva Simond. Mr. Slavin did not think there was any subterfuge here, as. an effort was made to conform to all laws and codes. Mr. Weinberg seconded the motion. At the request of Chair- man Thompson, Mrs. Ramseyer took a roll call vote: Mr. Mearns Mr. Weinberg Mr. Ampol Chairman Thompson Mr. Gordon Mr. Slavin Mr. Moore Aye Aye Aye Aye Aye Aye Aye Motion carried 7-0 in favor of granting the request. Case #49 - Recreation Area designated in REPLAT OF GOLFVIEW HARBOUR ESTATES Recorded in plat Book 46, Pages 142, 143 & 144, Palm Beach County Records Request - Relief from zoning regulations, Section ll-H, requiring 22 off-street parking spaces for the recreational area with the request that no parking spaces be required at the recreational building and pool Address - 1477 S. W. 25th Place Applicant - Norman J. Michael, President Milnor Corporation Secretary Gordon read the application and the letter from Norman J. Michael, President, Milnor Corporation, which was - 5 - ?:>-r 4'CI UK- Y MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 10, 1986 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Robert Gordon, Secretary Lillian Artis George Mearns Paul Slavin Raymond Eney, Alternate Danny O'Brien, Alternate Edgar "Bud" Howell, Building Official ABSENT George Ampol, Vice Chairman (Excused) Ben Uleck (Excused) Chairman Thompson called the meeting to order at 7:05 P. M., recognized the presence in the audience of Mayor Nick Cassandra, Vice Mayor Carl Zimmerman, and Bob Fauser, an interested citizen, and introduced the Members of the Board, Mr. Howell, and the Recording Secretary. Mr. O'Brien had not yet arrived, and Mr. Eney was requested to sit on the Board. MINUTES OF SEPTEMBER 8, 1986 As there were no corrections to the minutes, the minutes were approved as received. Chairman Thompson informed the audience that the Board did not have a meeting in October. ANNOUNCEMENTS None. OLD BUSINESS Case to be presented on 11/10/86 Case Jll05 Applicant/ Owner: Goldie Fisher Request: Relief from R-IA zoning requirement of 60 ft. minimum lot frontage to be reduced to 50 ft. lot frontage. Relief from 7,500 sq. ft. lot area, to be reduced to 6,625 sq. ft. lot area - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 proposed Use: Construction of single family residence. Address: 731 N. E. 8th Avenue Legal Description: Lot 44, Block 4, LAKE ADDITION TO BOYNTON, recorded in Plat Book 11, Page 71, Palm Beach County Records Chairman Thompson pointed out to the audience that the Board does not make a majority vote. It takes five Members to approve any application, and three negative votes will disapprove it. Tonight they did not have a full Board, but six people would be voting. (Mr. O'Brien had not yet arrived. ) Chairman Thompson said this application had previously been before the Board. He said the Board bases its decisions upon six criteria and also upon what they see when they go out and look at the plot in question to find out whether the hardship that exists was caused by the City, County or State government in some way, or was self-imposed. Their decisions are also based on other things that are brought to their attention that perhaps they may have overlooked had they not had someone do some research for them. Chairman Thompson read the six criteria. Secretary Gordon read the application and the responses to the six questions in paragraph 5. Mrs. Goldie Fisher stated that she now lives at 138 N. E. 16th Avenue, a house that she sold, but the purchasers have permitted her to stay there until she can get a place built. She, of course, thought she would get the variance earlier, but the case was postponed. Jim Cassidy, Mrs. Fisher's son, said he had lived at 138 N. E. 16th Avenue but is now residing in Miami. He understood the Board to mention that some undue hardships would be considered. When Mrs. Fisher bought the lot, Mr. Cassidy said she was like some people who do not understand all of the ins and outs of what you are supposed to do and not supposed to do and even what a variance is. At the time she bought the lot, Mrs. Fisher was not aware that she would be needing something like that. Of course, she found out very abruptly that she did need a variance. - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 In the meantime, Mrs. Fisher had gone through a great deal of expense. She had sold the existing home that she had, paid an Architect for plans, had the soil tested, got involved with a contract with piling and structural engineer- ing report, had a survey report, and paid the filing fee, which Mr. Cassidy understood should not have been paid because a variance had not been issued. Mr. Cassidy asked the Members to consider the situation Mrs. Fisher was in, along with the other things that they must consider in the City's interest. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the grant- ing of a variance. Harold Werger, 1306 N. W. 7th Street, got the notification and request for a variance and checked with the city Clerk. The city Clerk advised him that there is vacant land on either side of this property. Some years ago, Mr. Werger said the City Council passed an Ordinance that made it a minimum of 60 feet frontage before a lot could be built on. Otherwise, Laurel Hills and all of Boynton would have been flooded with houses on 50 foot lots, and that would have reduced the property values tremendously. Granted, you can put a house on a 50 foot lot with the required square footage, but Mr. Werger asked the Members to remember that if they drive through Boynton, there are two or three cars in front of every house. More cars are parked on the driveways, swales, and streets, which makes it very hazardous, and it does not look very well for the neighbor- hood. Mr. Werger said that is something that will happen on a 50 foot lot because there is not adequate room to park the necessary cars that everybody tends to own today. In view of the fact that there is vacant land on either side of Mrs. Fisher's property, Mr. Werger thought Mrs. Fisher should do just like everybody else has done when they bought. He had to buy extra land in order to build his house and meet the Ordinance. Mr. Werger did not think there should be a variance granted in view of the fact that there is vacant land on either side to be purchased. Mr. Slavin asked Mr. Werger when he built his house. Mr. Werger answered, "Two years ago," and confirmed it was in 1984. - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 No one else wished to speak against the granting of the variance. Mr. Cassidy wished to speak. Chairman Thompson replied that he could, if what he had to say would be in addition to what he had said or was something different, but if the opposition wished to speak, he would grant him the same time. Mr. Cassidy understood Mr. Werger's concern about the value of the property going down, particularly if he made a major investment in the area. If Mr. Werger would look at the preliminary plans the Architect had drawn of the house, Mr. Cassidy did not think there would be any way Mr. Werger or the Board could construe it other than an improvement in the property. Mr. Cassidy said the value of the home will be in keeping with what is around there and a considerable improvement in terms of value. Mrs. Fisher is building the home to live in. It is not something she is doing to make a "quick buck". Everything is being done right as to what they are putting into the home, as well as the parking space, driving space, two car garage, and security system. Mr. Cassidy thought Mr. werger would find it will be an improvement to the neighborhood and not something that will be an eye sore or something that will run down the neighborhood. If the Board had concerns about it, he said he would be happy to share the plans with the Board. Mr. Gordon read the following communications: 1. C. Stanley and Erna Y. Weaver, 322 S. W. 8th Avenue, by letter dated October 29th, wrote that granting the request, and others like it, would tend to continue the downgrading of the neighborhood. This area, with good planning and more practical zoning, could be a tremendous asset to the whole city. 2. By letter dated October 30, Daniel E. Magnus and Frances E. Magnus requested the Board to deny the request for variance (1) because the request is in direct violation of the established ordinances in the CitY1 (2) by per- mitting the variance, the entire area will be subject to increased density in housing, and the overall result will be a degradation of the living environment and a decline in property values of existing homeowners 1 and (3) the Board will be setting a precedent. - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 3. On a copy of the Notice of Hearing, M. J. Miler, t410 Harbour Inlet Club, wrote, "Yes, anything for improving of the area." Chairman Thompson recognized the presence of Danny O'Brien at 7:20 P. M. Chairman Thompson commented that he found after going all over the City many times since the upgrading of the City Codes, about 1/2 of the City is in violation. Mr. Howell thought 1/2 might be a little high. Chairman Thompson believed Mr. Howell would find all properties from Boynton Beach Boulevard to the north border line have 50 feet front footage or 25 feet. You run into the same problem to the west. There are few lots in the city of Boynton Beach that have frontage which meets today's Code. Mr. Howell thought the Council, in their wisdom, was trying to be fair. He felt they realized they had many 50 foot platted lots in the city, and that was why the Ordinance was written like it was. If land was available, it gave a person a chance to comply. Mr. Howell thought it was probably the Council's wish that if land was there, the person would exhaust those efforts to try and get that property to comply with the zoning. He added that maybe it was a hardship on the Board to decide whether that person has the ability but, in all fairness, he thought it was something they had to weigh in their own minds. Chairman Thompson agreed it was to upgrade the City. Many people were able to purchase land next door to them, but then there were cases like the one before them tonight where there had been land, but no purchase had been made by either party on either side. Mr. Slavin saw the property for the second time this morning. and was talking to Mrs. George E. Nicholar, who lives at 721 N. E. 8th Avenue. Mrs. Nicholar was rather vehement in what had taken place when the property was owned by the Robert P. Brown family. It seemed that there was a strip of land where there was one lot with 100 feet that was cut in half. Part of it was sold to somebody, who immediately went ahead and sunk pilings in, and applied for a variance. Mr. Slavin did not know what happened, but he was told that the title reverted back to the Brown family. Mr. Slavin said to the east of this lot is a vacant lot, and then there are two lots on the northwest corner of N. E. 7th - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 Street and N. E. 8th Avenue, which do not affect the lot in question. Lot 43 has pilings on it, a lot of weeds, and is overgrown. Nothing is being done there. It looks like some work was done on Lot 44. It is covered with a hay like substance. Lot 45 is growing wild. Mr. Slavin did not know whether an effort was made by Mrs. Fisher to secure any land over there. For the sake of argu- ment, if Mrs. Fisher wants to buy 10 or 20 feet, he wondered what would become of Lot 45. Again, Mr. Slavin said they have a blight in the area. Mr. Slavin referred to minutes of what took place before the Board a year ago with the Brown family, where they were pass- ing title back and forth. Somebody applied for a variance. That was subsequently found out, and Ms. Beverly Bottosto applied for, and received, a variance on Lot 43 on January.9, 1984. Ms. Bottosto never closed on the lot, and it remained in the ownership of a Mr. Fleming. Mr. Slavin did not know who Mr. Fleming was. The contract for sale to Mrs. Fisher was signed by Robert Brown. Mr. Slavin remarked that again, the Board had this confusion. Mr. Slavin continued by saying Mrs. Fisher, in good faith, bought a piece of property to build a house on. He did not know whether Mr. Brown smooth talked her or not, but she bought into a hardship. The property was originally platted as 50 feet. The previous City Council, in upgrading the city, made it a 60 foot frontage. According to the survey, the property is 105 feet in depth. Mr. Slavin asked if Mr. Howell had seen the plans for the building. Mr. Howell had not. Mr. Slavin asked if the property would support a house that size. Mr. Howell answered affirmatively and added that they could meet set- backs. Mr. Slavin thought they should adjudicate this tonight, and he called attention to the past records and minutes they had to go by. He could appreciate people who bought other land and met the Code. Maybe they would say Mrs. Fisher should buy more land, but Mr. Slavin pointed out that the price may be prohibitive, and he wondered where the Board would go from there. When this first came before the Board, Chairman Thompson recalled it was "quite sticky". originally, there were three lots. Part of it was sold off. At that time, the owner owned all three. There is a City Code that says if you own - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 exactly three lots, you can divide them up and make two lots. At that particular time, one lot (Lot 44) was sold. Mr. Slavin confirmed, from the Building Department's Fact Sheet, that on January 9, 1984, a variance was given on Lot 43. Chairman Thompson guessed they were faced with the same problem they were faced with one year ago. After discussion, Mr. Slavin said Robert P. Brown sold the property to Mrs. Fisher. It was the same "badminton game". When it came to selling the property, Mr. Brown came up as the owner. Mr. Slavin read a letter dated June 27, 1986 from Flagler Title Company, saying a Corrected Warranty Deed would be re-recorded to correct the buyer's name to read "Goldie Fisher." He made further comments. It seemed to Chairman Thompson that it was a problem the Board had to deal with again, one way or the other, and they had no other choice than to deal with it. Mrs. Artis asked who Lots 43 and 45 belong to. Mr. Eney had a sheet that indicated that Santina Sally DuBois bought Lot 43 in March of 1984, and Mr. Brown conveyed Lot 45 to his mother (Patricia Brown). In granting a variance to Mrs. Fisher, he felt it would put Mrs. DuBois and Mr. Brown's mother in the same position as Mrs. Fisher. Mr. Howell advised that would have been submitted. It appeared to Mr. Eney that the other two lot owners were just waiting on the sidelines to see if Mrs. Fisher would get a variance. If so, they would have good cause to come in because their proper- ties are isolated. There was discussion as to whether the Brown family owned the property prior to the upgrading of the Zoning Code, and whether the lots would be grandfathered in. Mr. Eney noted that Mr. Brown bought Lots 43 and 44 on the 27th of February, 1984 (paragraph *4, Building Department Fact Sheet for Meet- ing of November 4, 1985 on property owned by Robert Brown). In March of 1984, Chairman Thompson said Mr. Brown sold Lot 43 to Mrs. DuBois. Paragraph *6 of the Fact Sheet showed that Mr. Brown sold his interest in Lot 45 to patricia M. Brown on the 4th of September, 1985, just a month or so before the Board of Adjustment meeting on November 4, 1985. Chairman Thompson recalled the question came up as to why Mr. Brown gave a quit-claim deed to sell the property. Mr. Eney observed that apparently the Board of Adjustment (BOA) determined at one time to give Lo~ 43 the variance - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 requested. Chairman Thompson confirmed that a variance was given on January 9, 1984, but they never closed on the property and it still remained in the ownership of Mr. Fleming. Mr. Howell reminded the Board that the variance stays with the lot, no matter who owns it. Chairman Thompson guessed they kept going back to Lots 43, 44 and 45 because they were tied in together when they first came before the Board. Mr. Howell informed Mrs. Artis that someone could build on Lot 43 if they met the setbacks. Mrs. Artis ascertained that Lot 45 could come before the Board, but not Lot 43. Mr. Howell pointed out that the Board was now faced with a little bit different situation, if they had three lots before, because they now had two lots. He thought they had some legalities here. Mr. Howell recalled that the Board's Attorney had advised them at one time. Chairman Thompson was sure the Recording Secretary had a copy of the Fact Sheet for the record and said it was in reference to all that the Board had been talking about. A copy of said Fact Sheet is attached to the original copy of these minutes as Addendum A. Mr. Slavin read a letter from Bert Keehr, Deputy Building Official, sent by certified mail on March 31, 1986 to Robert Peter Brown, that said it was his (Keehr'sl opinion that Lot 44, "regardless of the owner, will not ever qualify for a variance in lot size. "A copy of this letter is attached to the original copy of these minutes as Addendum B. Mr. Slavin said the Warranty Deed dated June 6, 1986 reflected the sale of property by Robert P. Brown to Goldie Fisher. He brought out the fact that Mr. Brown knew what he was doing when he sold Mrs. Fisher Lot 44. Mr. Brown got out from under. Supposedly, there is no more land for him to build on and, unfortunately, Mrs. Fisher was in the middle of the whole situation. Mrs. Artis determined that legally, Mrs. Fisher's lot was landlocked because Lot 43 already has a variance, and Lot 45 is owned by another person who is not going to sell. Mr. Howell knew of nothing in that situation that would keep an owner from selling. In other words, if whoever got a variance on Lot 43 owned all three lots, he did not know of any way legally that the City would have anything to say as - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 10, 1986 to whether he sold the lots or not. Mr. Howell was sure when Mr. Keehr saw the situation, he was probably trying to get Mr. Brown to divide that into two lots, which would have been ideal and would have been the wishes of the City fathers. Motion Mr. Gordon thought looking at the case a second time was enough. In his opinion, it was much nicer to look at a new home than a vacant lot which, as they have seen throughout Boynton Beach, turns into a City dump. Therefore, he moved to grant the variance, seconded by Mrs. Artis. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 6-0. Discussion Chairman Thompson explained that he voted the way he did because he felt a hardship had been placed on the property. It was too bad, in this particular case, that Mr. Brown was "two or three steps ahead of the City." In doing this, Mr. Brown placed hardships on two pieces of property that you could either build on or let stay there and collect debris from the City. Chairman Thompson expressed that it was a sad case, and he explained. If the Board had turned this down, another year would have passed, and the property would be vacant and like it is now. Chairman Thompson felt it was too nice a piece of property to just sit and not be used. He hoped the design would enhance the beauty of the neighborhood. NEXT MEETING Chairman Thompson announced the next meeting will be on Monday, December 8, 1986. ADJOURNMENT There being no further business to come before the Board, Mr. Gordon moved, seconded by Mr. Slavin, to adjourn, and the meeting properly adjourned at 7:53 P. M. <)iJ~;:PC0rn7~ Patricia Ramseyer Recording Secretary (One Tape) - 9 - t \ ( , 70: Board of Adjustment Members City of Boynton Beach Staff staff Site Analysis - Board of Adjustment FRON: REFERENCE: CASE NO. & ADDRESS: 84 -731 N. E. 8th Avenue 1.~ETING DATE: November 4, 1985 CURRENT ZONING RIA DESCRIPTION OF LOT: Lake Addition to Boynton, Block 4, Lot 44 . " O;'iNED BY: Robert P. Brown VARIANCE REQUIRED: Lot Size FACTS: 1. On April 4th, 1985, Eva Michelle Simmel filed an application for a variance with the Building Department for Lot 44, Block 4, Lake Additi, to Boynton. The owner of Lot 44 was Mr. Robert Brown, who also owned Lot 45 at that time. After a waiting period, Miss Simmel, did not prove ownership, therefor, Mr. Brown is now the applicant for this variance. 2. Mr. Robert Brown, the applicant for the subject lot, applied for and received a variance for abutting lot to the east "(Lot 45). On September 12th, 1983 at the meeting, Mr. Brown stated it would be a financial burden on him.to have to buy the two (2) Lots 43 and 44 (west of Lot 45) as the.owner wanted $25,000.00. Owner of these lots was Mr. Carl Fle~ng. 3. Miss Beverly Bottosto applied for and received a variance on Lot 43 on January 9th, 1984. Miss Bottosto never closed on this lot, it remained in the ownership of Mr. Fleming. 4. Mr. Brown purchased Lots 43 & 44 from Mr. Fleming on the 27th of February 1984. 5. Mr.'Brown sold Lot 43 to a Mrs. Santina Debois in March of 1984. 6. Mr. Brown, by Quit Claim Deed, sold his interest in Lot 45 an the 4th of September 1985 to Particia M. Brown. , 7. All three (3) lots are still vacant. Att.: Minutes of variance for Lots 43 & 45 Xc: City Clerk Recording Secretary City Planner City Manager Members -Board of Adjustment ADDENDUM A I' , " . 4/J/86 -, 'COHRECTED COP V - Mr. Bro\ s -J. r I'l-Y 0' f first name 0, :/ '':' -::...=.];;. '-'" ~. --- ;-r-==! ",t..,..,J:. BOY N TO N B EA CH. ,.:': ~ "'":~~::""::':''''\fi1i~t!~ ~~: t.,.... .~~I.r ", ~\...' -::: -:;- = '':~7:.~~, '_ I ~2'~, ~~' '-" r.o~ 80X 310 f 't~ ~-t~ 120 N~E:_ 2ND AveNUE . _ ~~~~~ BOYNl'ON SEAc:H. ,..LOIUOA. 3'435 .. ~--:-- . March 31, 1986 OFFICE OF DEPUTY BUILDING OFFICIAL *Robert Mr. Petoer Brown 702 s. Seacrest Blvd. Boynton 'Beach, ,Florid~ 33435 Dea::r; Mr. Brown: , lt has' com~ to the attention of the Building Department that you have' started to-improve your property on N. E. 8th Avenue, specifically, Lot 45, Lake Addition to Boynton. This department has not yet received your application and final plans for cons~ruction; therefore, I wou+d liKe to bring to your attention a few facts. /" Our records indica~e, you are still the owner of Lot 44 which abuts the subject Lot 45 that was denied a variance just last year. with the past record of ownerships 'of Lots 43, 44 and 45 by yourself and others, it is my opinion that Lot '44, regard:tess of the owner, will not ever qualify for a variance in lot size and therefore will not be able ,to be a builtout .lot.. ' Under the circumstances, I would like to suggest you include in your ~lanning for Lot 45, Lot 44 with Lot 45 as a single building site and avoid leaving an unusable lot. " ... If I can be of any further assistance, please'feel free to contact me. '. -. : Sincerely, .' ert Keehr Deputy Building Official IK/rm Xc: Central Files ~ cERTIFIED MAIL :P327 944 961 *~P327 944 974 , .. ... . ADDENDUM B MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1987 Case #l23 Applicant/ Agent: Request: Richard Welch, Realtor Associate, Michael J. Campbell Realty, Inc., Lake Worth Relief from zoning requirement of 60 ft. lot frontage to be reduced to 50 ft. lot frontage and relief from zoning requirement of 7,500 sq. ft. lot area to be reduced to 6,625 sq. ft. lot area. . proposed Use: Address: Owner: Construction of single family residence 670 N.E. 9th Avenue Estate of Paul L. Maddock Paul L. Maddock, Jr., Co-Trustee Legal Description: Lot 12, Block 4 LAKE ADDITION Recorded in Plat Book 11, Page 71 Palm Beach County Records Secretary Mearns noted that there are presently other homes in this subdivision which are built on lots with 50' frontage. Richard Welch, representative for Mr. Maddock, noted that this lot is presently in Mr. Maddock's father's estate. In order to clear the estate, the lot is to be sold. Mr. Welch stated that they have a person who is interested in purchasing the lot for the purpose of building a single family home on the lot as his primary residence. He noted that the lot was platted in 1925 when it was zoned R-1A. The zoning requirements have been changed by the City since that time. Chairman Thompson asked if the intent was to sell the property and Mr. Welch stated that it was being marketed through his company (Campbell Realty) and he is the agent. The sale is pending upon the purchaser being able to build a single family residence on the lot. In answer to Mrs. Solomon's question, Mr. Welch replied that there is a home on the east side of this property which is built on a 50' lot. He also stated that on the south side on N.E. Tenth Avenue near the Intracoastal, there is new construction on a 50' lot. Mrs. Solomon asked about the safety factors if the Board decided to allow a home to be built on the lot. Mr. Newbold stated that the structure would meet all setbacks and no -2- . MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLeRIDA NOVEMBER 9, 1987 ~ , safety hazard would be created. Mr. Mearns asked if any attempt had been made to purchase a small portion of the lot adjacent to this property. Mr. Welch stated that it had been very difficult to contact the owners. On the east side there is an existing dwelling and the land to the west side is owned by the party who owns the dwelling to the west. He noted that this piece of property is deadlocked between those properties. Mr. Welch referred the Board to his site plan which was attached to his application. There was more discussion regarding property in the surrounding area. Mr. Newbold clarified that only the lots which are adjacent to this property have been addressed as the other lots would be of no use to the owner of this property. As there were no other questions for Mr. Welch, Chairman Thompson thanked him for his participation. Chairman Thompson asked if anyone wished to speak in favor of granting the request. As no one wished to speak in favor, he asked if anyone wished to speak against granting the request. Walter Lacey, 629 N.E. 9th Avenue stated that he has lived in Boynton Beach all his life, and at his present residence for the past 28 years. He stated that all the homes in his area are nice ones and all the lots have more than 50' front- age. Mr. Lacey stated that his home has 2,200 square feet. He noted that there is a vacant 50' lot adjacent to his prop- erty, and he did not want to see a precedent set by allowing the applicant to build on the 50' lot. He felt that the property values would depreciate in the subdivision if people were allowed to build on the 50' lots. Mr. Lacey stated that he lives northwest of the property in question. He noted that there are no homes built on 9th Avenue on 50' lots, but he was not sure about the other streets in the subdivision. Chairman Thompson stated that there are some homes on 50' lots south of Mr. Lacey. They were built some time ago and he was not sure if any construction had been done recently. As there were no more questions, Chairman Thompson thanked Mr. Lacey for his interest. Mr. Lacey was the only person to speak against granting the variance. Chairman Thompson also not~d that he had received no written communications regarding the property in question. Mrs. Solomon asked if building smaller homes in the same area as larger ones would reduce the value of the homes. Chairman Thompson stated that he had not found this to be the case. He noted that in all developments, there are -3- j . .~.... MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1987 " homes of varying sizes. requests such as this to would have to be decided He felt there would be other come before the Board and they on a case by case basis. Mr. Boyar referred to the list of residents in the neigh- borhood and noted that most own rather substantial lots. He added that he hesitated to allow someone to build on a smaller lot on a street with mostly larger lots. He referred to the code noting that there was a purpose in changing the code. - Mr. Mearns noted that no correspondence had been received from owners of adjacent property. Mrs. Solomon noted that this piece of property is land- locked since the zoning was changed. This came about through no fault of the owner. She noted that the structure would be built within safety guidelines and setback require- ments. She felt that this would cause a hardship for the owner if the request were denied. Mr. Eney noted that this is an older neighborhood and there are other homes on 50' lots. He referred to the fact that the piece of property in question has been in Mr. Maddock's family for over 40 years. The zoning has followed rather than led in the type of development desired for this area. He added that 30 years ago, it would have been acceptable to build a house on the 50' lot, but not by the code today. Mr. Eney noted that there is still much land in the sub- division which is for sale. He noted that a home built on the lot should fit into the neighborhood. Vice Chairwoman Artis stated that the lot was in conformance at one time and that should be taken into consideration. Chairman Thompson noted that a hardship has been created for this property owner. He noted that in order to upgrade the older sections of the City to allow the new sections to build up in a particular way, some problems have been created. These problems have to be worked out. In the case of a piece of property which is landlocked, something has to be done. Mr. Newbold stated that with R-1A zoning a home must be at least 1,500 square feet in size. Chairman Thompson stated that there should be no problem building a 1,500 square foot home on this piece of property. Mr. Welch stated that the prospective buyer was proposing to build a 1,500 square foot, single story home on the property. He noted that the home would meet all the setbacks required and the garage/carport would be on the front portion. -4- -4 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1987 Mr. Newton had no additional comments. r Mr. Eney moved to grant the request for variance. Motion was seconded by Vice Chairwoman Artis. Mr. Eney stated the reason he wished to approve the request is due to the fact that the proposed home would be in conformance with other homes in the area and would not detract from them as there is no set pattern of structures in the neighborhood. Vice Chairwoman Artis stated that the property was at one time in conformance and came into nonconformance after the zoning change. She noted that the property is landlocked. At the request of Chairman Thompson, Mrs. Cressman took a roll call vote as follows: Mr. Newton Aye Mr. Boyar Aye Mr. Eney Aye Vice Chairwoman Artis - Aye Chairman Thompson Aye Mr. Mearns Aye Mrs. Solomon Aye Motion carried 7-0. Chairman Thompson announced that the request was granted. CASE NO. 124 - OPEN Case 124 is open at the present time and will remain open for another week or so. BOARD DINNER Chairman Thompson asked which of the Members were planning to attend the Board Dinner. He stated that he would call in the 18 reservations for the Members and their guests. ADJOURNMENT Mr. Mearns moved that the meeting be adjourned. Motion was seconded by Mrs. Solomon and the meeting adjourned at 7:50 P.M. r:1a~ ~1QAA..--- Peggy Cressman Recording Secretary (One Tape) -5- , .- .-~ f '. MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MARCH 10, 1980 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Theodore Blum Marilyn Czufin Ben Ridolfi Paul Slavin Lillian Artis, Alternate Anthony DiSarli, Alternate E. E. Howell, Bldg. Official Bert Keehr, Deputy Bldg. Official James Wolf, Board Attorney Chairman Thompson called the meeting to order at 7:00 P. M. and introduced the members of the Board, Building Official, Deputy Building Official and Recording Secretary. He explained to the audience the purpose of the Board and voting procedure. Mr. Keehr introduced Mr. James Wolf. MINUTES OF FEBRUARY 11, 1980 Mr. Gordon stated after having read the minutes, he finds no errors or omissions and moves to accept the minutes as written. Mr. Ridolfi seconded the motion. Motion carried 5-0 with Mr. Slavin and Mrs. Czufin abstaining. PUBLIC HEARING Parcel #1 - Lot 32, Block 4, Lake Addition to Boynton, Florida Recorded in Plat Book 11, Page 71 Palm Beach County Records Request Relief from 60 ft. lot frontage requirement to 50 ft. lot frontage Relief from 7,500 sq. ft. lot area requirement to 6,600 sq. ft. lot area to sell lot for residential building site. Address 639 N. E. 8th Avenue Applicant - Marie B. Raesly Mr. Gordon read the above application and the reason the variance was requested noting that no additional land is available to make this lot conforming and the owner cannot afford to keep this lot and wishes to sell this property as a building site. Chairman Thompson requested the applicant or representative to please come forward. r~, MINUTES - BOARD OF ADJUSTMENT HARCH 10, 1980 Mrs. Marie B. Raesly, 210 Horizons East, informed the Board she has had this lot since 1972. She tried twice to build, but was not able to obtain funds. At her age, it is difficult to obtain a loan. This year, she decided to put the lot up for sale. Up until that time, she had no offers whatsoever for this lot. Realizing she had to get rid of it, she gave it to a real estate agent. Mr. Blum referred to visiting the property and explained that upon measuring the lot, he found it to be approximately 3" short of the 50' width. He also spoke to the neighbor, Mr. Dembeck, and was told he offered to buy the lot, but was turned down. Mrs. Raesly replied that she has received no offer, verbally or written. Approximately two years ago when she was there mowing the lawn, Mr. Dembeck said this lot was worth about $1,800 and she did not consider that an offer. Mr. Blum continued that all the other buildings are wider and longer. According to the measurements of this lot, he does not think a home could be built without hindering the other homes. Mrs. Raesly informed him the other lots are 50 ft. and she does not think a few inches should detract from her lot. The deed reads 50 ft. Mrs. Czufin asked if the zoning and requirements were the same when this lot was purchased in 1972 and Mr. Keehr replied that the current zoning requirements went into effect in June 1975, but he is not sure what the requirements were prior to then. He clarified that prior to March 10, 1978, this lady would not be required to have a variance no matter what the requirements were. The question now is selling the lot. Mr. Slavin clarified that she has placed this lot for sale with a real estate agent, but has had no offers and Mrs. Raesly clarified that she has had offers through the real estate, but did not receive any offers prior to that. Mr. Slavin clarified that she has bonafide offers for the property and Mrs. Raesly replied affirmatively and added she brought them with her to show the Board. Mr. Slavin asked if this is the only lot on the block and Mrs. Raesly replied that she is not sure. Mr. Keehr clarified that there is no adjoining property. He added that the survey shows it to be a couple inches shy of 50 ft., but he doesn't think that constitutes any problem. Chairman Thompson clarified that at the time of purchase in 1972, Mrs. Raesly could have built on the lot and at this time, she can build if she wishes to. As it stands though, this lot is landlocked. Mrs. Czufin added that this property can be sold without getting a variance and Chairman Thompson agreed, if a buyer will make the purchase under the existing conditions. -2- ,- ( MINUTES - BOARD OF ADJUSTMENT /o'ARCH 10, 1980 Mr. Slavin stated it would be a stamp of approval with giving a variance and Mrs. Czufin stated that Mrs. Raesly is protecting the buyer. Mr. Zimmerman asked if Mrs. Raesly had listed this lot as a non- conforming lot with the realtor and Mrs. Raesly replied that the realtor contacted her and must ha~had some record of the lot. It was not mentioned whether it was conforming or non-conforming. She received a letter from the real estate agent and they had all the information. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance. Mrs. Theresa Annetta, 653 N. E. 8th Avenue, advised that several neighbors she has spoken to think this is a good idea instead of having an empty lot and a home should be built on it. She agrees a home should be built on it. About four to five houses down, a variance was granted to build a house on a 50 ft. lot and there were no objections and the house looks better than tfie weeds. Mr. Blum stated as long as she was talking about beauti- fying the area and building a house, didn't she think the neigh- boring parties should buy it and beautify it rather than having a house built in between with one on top of the other? Mrs. Annetta informed him that all the houses are built on 50 ft. lots there. Mrs. Czufin referred to Mr. Blum's question being out of order and Chairman Thompson clarified that the type of house, construction and design is not a concern of this Board. Mr. Slavin asked if a variance is granted, does it automatically mean the Building Department will grant a permit to the future buyer or will they have to seek a variance again and Mr. Keehr replied the buyer will not have to come before the Board again. If the Board gives this lady the right to sell this property as a buildable lot, then nobody will have to come back before this Board. Chairman Thompson ascertained there were no further speakers in favor of the granting of this variance and asked those wanting to speak against the granting of this variance to come forward. Mr. John Boes, 643 N. E. 8th Avenue, stated he thinks the other residents in the neighborhood have some rights. He has a peti- tion signed by those opposed to the variance, which he submitted to the Board. When he bought his property, he wouldn't have bought it knowing a house would be built there. He was under the impression the lot was too narrow to build on. Had he known a house would be built on it, he would not have paid top dollar for his house. He does not understand the hardship as he would be willing to buy the property. He doesn't want to see it deve- loped. If Mrs. Raesly can sell her property without a variance, that should be worth some consideration. If a house is built, it will depreciate the property surrounding this lot. -3- ( MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mrs. Czufin asked where he lives in connection to this property and Mr. Boes informed her that he lives next to it on the east side. Mr. Zimmerman questioned how many signatures were on the petition and Mr. Boes replied that there are approximately 14. Mrs. Czufin asked if he had any desire to buy this property and Mr. Boes replied that he would much prefer to buy it rather than see it developed. Mrs. Czufin asked if he had made an offer and Mr. Boes replied that he has not had the opportunity to talk to the owner. He has talked to neighbors about the availability and was told the owner would not sell. Mrs. Czufin asked if he felt the 10 ft. difference was that much and Mr. Boes replied affirmatively. Chairman Thompson referred to the possibility of both parties being able to reach a satisfactory agreement and Mr. Boes agreed this was possible. Chairman Thompson referred to both parties reaching an agreement with neither party having the advantage over the other and Mr. Keehr stated the Board may be out of order in this respect. He suggested that the Assistant City Attorney comment. Mr. Wolf asked when Mr. Boes purchased his property and Mr. Boes replied in February 1979. Mr. Wolf stated this is an unusual circumstance and not the normal variance request. There is no additional property avail- able to be purchased. The City passed an ordinance saying this property could not be built on and now the City is basically saying there is no reasonable use. This may be putting the City of Boynton Beach in a condition where they may have to end up buying the property. Whether the neighbor wants to buy the property would have to take effect outside of this Board. The City's position is that a hardship was created through the City and there is no way this woman could take care of it and there is no effective use of the property. Mr. .Boes clarified that when the property was purchased, it could be built on and did the hardship occur on March 10, 1978, after the zoning laws changed? Mr. Keehr informed him that at that time, the City said the property could not be sold to someone else and the buyer could not build without going before the Board of Adjustment. The owner can obtain a building permit for it. Mr. Boes stated that to build on this lot would lower the quality of life in the neighborhood. If people are stacked next to each other, it will not maintain itself. -4- :'~~"'" ,.1~ ( MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. John Dembeck, 633 N. E. 8th Avenue, advised that he lives next to this property to the west. He agrees a house should be built on a 50 ft. lot, but not on a lot under 50 ft. Other neighbors wanted to buy the lot. A florist wants to grow flowers on it. The lot is 3" under 50 ft. and will an additional vari- ance be needed? Mrs. Czufin questioned where the 3" under 50 ft. comes from as it says 50 ft. on the application and Mr. Keehr pointed out that the survey shows 49.88 ft. and added this is not unusual in a platted subdivision. Mr. Dembeck told about an agent putting a sign on the lot and a surveyor taking mea- surements. He asked if there is supposed to be 15 ft. between houses and Mr. Keehr replied affirmatively. Mr. Dembeck clari- fied that a house couldn't be built more than 34'9" wide. Mr. Keehr informed him that a scale is used on non-conforming lots with a percentage used. Mr. Dembeck clarified that with taking 15 ft. between each side, it will be an oblong house and Mr. Howell advised that only 7~ ft. is needed on each side. Mr. Dembeck stated rather than seeing a house built there, let the lady say what she wants and the neighbors will buy it. He would rather see flowers on the lot. He talked to her a couple weeks ago and she said she would rather not say anything and he understood her nephew was getting the lot. Mr. George Nicholar, 711 N. E. 8th Avenue, referred to his house being on \ acre and advised that most of the homes are on large lots. He is tired hearing about hardships. Ten years ago when he came to Florida, it was a nice area. However, they are put- ting up little places allover the area. This house could only be 35 feet wide and he has lived in larg~army barracks. Several people have talked about buying it. He would hate to see a little long narrow house go up on this lovely street and devalue the rest of the homes. Mr. Zimmerman referred to his comment that this lady does not have a hardship and asked if he meant to imply that it was not a hardship because she did not build on it? Mr. Nicholar clarified that several people want to buy it, but she probably wants to sell to a developer for a larger profit. He does not think we should continue making profits off the land in Florida. A man from the audience advised that he takes care of this lot and doesn't throw junk on it like the fellow next door does. Mrs. Raesly stated she just wanted to correct something which her neighbor said about not having the opportunity to offer her a price for the lot and advised that she has had a sale sign on the lot for quite awhile. Also, she bought the lot from the same people who sold the adjoining house. She also noticed the survey stakes on the west side go into the neighbor's flowers, shrubs and trees. -5- ( r MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Boes asked if there was any consideration of a hardship for someone who bought the property thinking it was not going to be developed? He would not have bought his house knowing that lot could be developed. Mrs. Czufin clarified that when he bought his property, he thought there would be no house on that lot and Mr. Boes agreed and added that he checked with neighbors and the realtor and undersood this lot would not be developed because it was too narrow. Mrs. Czufin asked Mr. Boes how wide his property is and Mr. Boes replied that it is 75 ft. Mrs. Czufin asked Mr. Dembeck how wide his property is and he replied 50 ft. which is the average lot. Mr. Keehr clarified that this sUbdivision was platted in 50 ft. lots. Mr. Boes stated that his lot is 75 ft. and the lots vary from 70 to 90 feet. Mr. Keehr clarified that when this subdivi- sion was accepted by the City, they were all 50 ft. lots, but in the meantime they have been increased. Chairman Thompson stated he knows the position Mr. Boes is speak- ing from; however, he mentioned checking with the neighbors when purchasing the property and this is the mistake many people have made. The records at City Hall should be checked. Chairman Thompson asked if any communications had been received and Mr. Gordon read a notation on the notice of public hearing from Mrs. Bertha Stroshein, 653 N. E. 7th Avenue, requesting the Board to vote No. Chairman Thompson opened discussion to the Board members. Mr. Zimmerman referred to this lot presently being in good shape and being mowed nicely and stated he thinks if we have any inten- tion of granting a variance, we ought to protect the people from damage a new buyer may do instead of building on it. It could be left a weed patch. Possibly we should consider a time limita- tion where the variance would expire if no construction takes place to encourage the buyer to build or not buy it. Mr. DiSarli stated that he visited the property and it is nice and kept well. He thinks the two adjoining houses should have the right to complain, it shouldn't be sold to someone to build a smaller house, and they should have the opportunity to buy it instead of a house being built on it. Mrs. Czufin clarified that whether the neig~rswant to buy it has nothing to do with this Board. Mr. Zimmerman clarified that his suggestion was to grant the variance to be valid for a year, which would give the new buyer only that much time to build. This is within our authority. Mrs. Czufin agreed and added we should know what is going to be put there and when and Chairman Thompson informed her that we cannot see what it will be. -6- (- MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mrs. Artis clarified that as it is now, Mrs. Raesly can build. A variance would mean she can sell to another person to build. The complaittfrom the neighbors is that the neighbors have more frontage. Mrs. Czufin clarified that the nextdoor neighbor has only 50 ft. Mrs. Artis continued that the hardship is that Mrs. Raesly is at an age when she cannot obtain a mortgage and Mrs. Czufin added that she thinks the hardship is Mrs. Raesly pur- chased this lot when this zoning was not in effect. Now, she doesn't want to build. Of course, people who have invested in property don't want to see anyhing built detrimental to the area. Also, the woman bought the property planning to build, but has had to change her mind. It seems a shame when somebody has in- vested in a lot and has paid taxes and kept it up that she is unable to sell it. Several people in disagreement have the same sized lot. Why should this woman be penalized because she did not build? Chairman Thompson clarified that she is not being denied the right to build on her property, but if a variance is turned down, we are denying her the right to sell. Mr, Wolf clari- fied that she can build on it, but cannot sell it. However, she can sell it to anyone willing to buy it knowing they could not build a house on it without a variance. Mrs. Czufin added that it would be a sale with restrictions. Mr. Wolf referred to having reasonable use and stated in reason- able use, people have the right to sell their property. By not grating a variance, the City may be effectively denying her the right to sell her property. This would be putting some restraints on her ability to sell the property and that is close to denying the use of the property. Under law, the government cannot usually restrict a party from selling her property. When this plat was recorded, the City and County allowed the plat to be recorded with 50 ft. lots. The woman had one 50 ft. lot which was legal. Now the City says she cannot sell it without getting a variance from this Board. The City has created basically a hardship. It would be a different story if she had two lots, but we are talking only about one lot. This is not the normal variance. By denying this, it is possibly denying the next owner of that property all reasonable use of the property. The only thing which can be done is to build a house on it unless the neighbors buy it. Mr. Zimmerman asked if he thought granting one year's time for a variance for construction to be started would be a resonable use for this lady and Mr. Wolf replied affirmatively and added if someone did not take advantage of the variance within that time, it would be a different situation. However, the particular facts of why they did not take advantage of the variance within the one year would have to be considered. -7- ( ,~.. ( MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Boes asked if the 14 people who signed the petition didn't have some rights and Chairman Thompson replied affirmatively, but we should not deny one person her rights since she owns the property. The hardships of each are different. Mr. Zimmerman moved that we grant this variance with a time limit of one year from this date and that the variance expires to whomever the lot is sold to if they don't start construction within that one year. Mrs. Czufin seconded the motion. Mr. Slavin offered an amendment and referred to Mrs. Raesly mentioning that she has received offers for the property and stated he is quite sure she can sell the lot and doesn't think one year's time is needed and thinks the time should be six months. Mr. Zimmerman replied that he is willing to change his motion to a six months time limit and Mrs. Czufin agreed. Mr. Keehr sug- gested there be a statement about permitting. He would rather it read that a permit be pulled within that time rather than start construction. Mr. Zimmerman accepted that change and Mrs. Czufin agreed. As requested, Mrs. Kruse clarified the motion would be to grant this variance with a time limit of six months from this date and the variance expires to whomever the lot is sold to if they don't pull a building permit within that six months period. Mrs. Kruse took a roll call vote and the motion carried 7-0 with all members voting in favor. Chairman Thompson asked if Mrs. Raesly understood the restric- tions on this variance and Mrs. Raesly replied negatively. Chairman Thompson informed her the Board has granted permission to sell this property, but there is a six months period attached to it. Mrs. Raesly questioned when this six months period was and Chairman Thompson replied that it is from this date. Mrs. Raesly clarified that the six month period starts March 10, 1980. Mr. Keehr further clarified that within the next six months, she must sell this property and have the buyer pull a permit in order for this variance to be upheld. Mrs. Raesly asked if con- struction must be started right away when getting a building permit and Mr. Keehr replied negatively, but there is a 90 day period allowed before starting. Mrs. Raesly asked if she would receive notification of this deci- sion and Mr. Howell informed her the Building Department will send her a letter confirming this. Chairman Thompson added that she will also receive a copy of the minutes after they are ap- proved. -8- ,-, ( MINUTES - BOARD OF ADJUSTMENT l-IARCH 10, 1980 Mr. Dembeck asked if Mrs. Raesly could say what she wants and they will pay it and Mr. Zimmerman informed him that Mrs. Raesly can sell to anybody now. Mr. Dembeck referred to it being a building site now and Mr. Slavin replied that he could buy it and not build on it. Mr. Zimmerman stated he thinks this is quite reasonable since Mrs. Raesly has owned the property for eight years and we are giving her six months more to sell it and giving the neighbors consideration. Mr. Boes questioned the result if Mrs. Raesly does not respond to the offer given by the neighbors and Mr. Gordon informed him that is not the Board's business. Mr. Boes asked if this deci- sion can be appealed and Mr. Zimmerman replied affirmatively, through the courts. At this time, Chairman Thompson declared a short recess and then reconvened the meeting at 8:10 P. M. APPLICANT #2 - Jansen Properties of Florida, Inc. Parcel #1 - Lot 116, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 6,000 sq. ft. lot area to construct single family house Address - 226 N. W. 7th Avenue Parcel #2 - Lot 117, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 5,150 sq. ft. lot area Relief from 60 ft. lot frontage requirement to 56.29 ft. lot frontage to construct single family house Address - 222 N. W. 7th Avenue Parcel #3 - Lot 118, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 5,900 sq. ft. lot area Relief from 60 ft. lot frontage requirement to 53.84 ft. lot frontage to construct single family house Address - 218 N. W. 7th Avenue -9- c,..... f . MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Parcel #4 - Lot 119, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 6,666 sq. ft. lot area Relief from 60 ft. lot frontage requirement to 52.03 ft. lot frontage to construct single family house Address - 214 N. W. 7th Avenue Parcel #5 - Lots 181, 182, 183 & 184, Block C, Boynton Hills Recorded in Plat Book 4, Page 51 Palm Beach County Records Request - Relief from 7,500 sq. ft. lot area requirement to 5,202 sq. ft. lot area Relief from 60 ft. lot frontage requirement to 50 ft. lot frontage to construct four single family houses, one on each lot Address - 711, 715, 719 & 723 N. W. 2nd Street Mr. Gordon read the above application and the reason for the variances requested that the applicant has been approved by HUD to construct eight single family detached dwellings of 1,300 sq. ft. on each lot and without the variances, the total project of 93 units will be jeopardized. Mr. Gene Moore, attorney representing the applicant, referred to the applicant having been working on this project for a num- ber of months and explained that they took over this project from various developers planning to bring decent housing to this area. He also explained the overall project has been ap- proved by HUD under the Section 8 Program. These will be rental units. They will be locked in on a rental basis for a minimum of 30 years. The overall project is 93 units. This particular application deals with eight individual lots. The variances would allow the owner to utilize the property for single family dwellings. It is a unique subdivision with lots shaped in curves, etc. With the financing situation what it is, any deviation from the. plan as approved by HUD would require going back and starting the project over. They have worked with the City Council and Housing Authority and everybody has pulled together to get this project off the ground. This developer can make this project a reaHty. He requests the cooperation of the Board to bring this project into reaHty. He then introduced Mr. Jeff Osslander, representing the deve- loper, to show the plans. -10- " - f MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Jeff Osslanjer explained the plan for the project consist- ing of four scattered sites. The variance request covers four out lots to the west and four out lots along N. W. 2nd Street. All the units will be 1,300 squre feet and will meet the setback requirements. These are proposed to be built for renters. The Palm Beach County Housing Authority will be under a management contract and will be responsible for them. They have built other housing in Palm Beach County in cooperation with the Palm Beach County Housing Authority and it was their recommendation to take over this project. He then read a letter from HUD ad- vising all processing has been completed and they can start con- struction. This variance is needed to apply for a building permit and start construction. Mr. Zimmerman referred to N. W. 7th Court and N. W. 2nd Street not being paved in this area and asked if they were going to construct these streets and Mr. Osslander replied affirmatively and explained they will be completed as needed to service each and every lot. They will meet City requirements and dedicate to the City. Chairman Thompson questioned how these eight single family houses would jeopardize the entire project and Mr. Os slander replied that three houses will be lost if this variance is denied. He explained that private financing has been obtained and it is im- portant to keep the scope and plan of this project intact. They are dealing on a direct basis with Flagship Bank and a private owner to acquire these parcels. They acquired them when build- ing was allowed and only found out later that variances would be required. They were only allowed 30 days to submit the proposal and had to prepare it quickly. These mistakes do happen when under time constraints and in competition. They went in with 93 units on what they believed were buildable sites. They were given the parcels by the Palm Beach County Housing Authority which they arranged for and had to move quickly when subsidy funds were~ailable. The federal government will assist the tenants in the rental payments. This will fill an important gap in the overall redevelopment plan for this area. This is the only new housing program for this area. Mr. Slavin referred to it being private financing and Mr. Os slander agreed. Mr. 'Slavin questioned HUD's part and Mr. Osslander informed him that HUD subsidizes the rent. Mrs. Czufin referred to the 30 year rental and Mr. Osslander ex- plained that the term of the contract says 30 years and when filing a covenant, they must operate as a rental project for 30 years and the Palm Beach County Housing Authority will re- tain the option to purchase after ten years if they choose to sell to them. -11- r- I MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Zimmerman stated several years ago when the Housing Authority was first being organized and came before the City Council, he got the general impression that all this housing would abide by the City codes. He asked if Mr. Osslander was aware of this and Mr. Osslander replied that generally when they go into these pro- posals with the government, they try to check out the require- ments with the local municipality. Essentially what happened is that they were not aware of in the preliminary agreements with the owners that there was a change in zoning and the lots were non-conforming. They were platted and they checked the zoning codes and felt there would be no problem. It was an oversight, but they were given 30 days in a competitive atmosphere to apply. They don't want to lose any units. Chairman Thompson referred to a total of 93 units being arrived at and stated evidently something was checked. He knows the problem of time might have been a factor. Mr. Osslander re- plied they did check. Since there were eight platted lots, they planned to build eight homes. Only eight single family lots were part of the packet. They designated eight single family units for those lots to accommodate the existing zoning. Mr. Moore added there were at least two or three other developers attempting to bring this project into being. They did basically all the FHA approval work based on the existing ordinances at that time. Basically when these gentlemen took over, they at- tempted to revive that which existed and there was a time ele- ment. Obviously there were some changes in the zoning codes between the time of inception and the taking over. In an at- tempt to accelerate to get FHA approval, they pushed through with what was before FHA with a nominal check into the code. It was simply a matter of revising prior approval with FHA. Chairman Thompson referred to the previous plans being for 67 units and Mr. Osslander informed him that another site was added. Mr. Moore added these units were part of an overall project. There was no problem on the multi-family areas. These eight lots have been included as part of the proposed plan under this program. Mrs. Artis asked if the builder plans to leave a percentage for beautification and Mr. Osslander replied affirmatively. Mrs. Artis referred to the code allowing 40% lot coverage and Mr. Os slander informed her these would be 25% lot coverage. Mr. Keehr clarified they are not going to exceed the maximum lot coverage. Mrs. Artis commented that since these will be located on a main thoroughfare, she is concerned about the beau- tification. -12- i . MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Wolf asked when these lots were purchased and Mr. Osslander replied they are under contract. Mr. Wolf questioned who the present owner is and Mr. Moore informed him that Flagship Bank is who got them from Leonard Smith on foreclosure. Mr. Wolf asked when they acquired them and Mr. Moore replied about two years ago. Mr. Wolf referred to combining Lots 116, 117, 118 and 119 to get three complying lots and Mr. Os slander informed him that three units would be lost if the requirements are met. Mr. Moore added the whole FHA project would have to be started over. Mr. Wolf stated he was trying to understand the exact hardship and normally an economic disadvantage is not considered a hard- ship. Mr. Moore stated it is not as much their hardship as it is for the people living in the area. Mr. Osslander added there is a relocation hardship. This is the only housing which has been planned and approved to qualify for relocation housing for the people living on 10th Avenue. The planners have used ~his in the master plan as 93 homes approved under the Section 8 Program. If three homes are lost, it means some people cannot be relocated because of the City's inability. The City is par- ticularly short of rental housing right now. Mr. Wolf asked if this project has been approved by any City Boards and Mr. Os slander replied that it has been approved by the Palm Beach County Housing Authority, Boynton Beach Housing Authority, and the planners have reviewed it and approved it. They have been working with the City for six months. This was included in the planning statement as 93 units. He knows the City Council is aware of it, but they have not been asked to take any action. Mr. Wolf clarified that if these three units are lost, some people to be relocated would not be, but what else does it do to the project and Mr. Osslander replied they are under a pro- blem with financing difficulties with the percentage rising. If they don't get this going, it will go by the way like the last two efforts. Mrs. Artis asked if a delay on their part would cause a hardship on the people who have to relocate and Mr. Osslander replied that the program of acquisition has been started in a number of areas. He explained the Housing Authority's program of renovation of existing buildings with the result being to decrease density. Units must be provided in the City to absorb these people. They are trying to get this project underway for that purpose. -13- ( (-, MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Slavin asked if the City Planning Commission of Boynton Beach knows of this project and Mr. Howell informed him the City Planner and Technical Review Board know there are 93 units in the process of being approved, but they have not seen any prints. Mr. Osslander advised that he has been coordinat- ing this with Mr. Annunziato for six months. Mr. Annunziato has had the site plan for that period of time, ever since it was initially proposed to HUD. Chairman Thompson asked if anyone else wanted to speak in favor of the granting of this variance and received no response. He then asked if anyone wanted to speak against the granting of these variances and the fallowing came before the Board. Mr. Ezell Hester, 416 N. W. 7th Avenue,stated he agrees there is a need for housing, but the housing should be built accord- ing to the codes. When this property was taken over, the lots were platted at 50 ft.; but when the purchase was made, the code said the lots had to be 60 ft. He doesn't think we should go against the codes although the property is platted in 50 ft. lots. He purchased 75 ft. for his house. In looking at houses on 50 ft. lots, it is apparent how congested it is. He suggests that three houses be put on each parcel. He does not see how this would jeopardize the project as these two parcels are not contiguous to the main rental units. He opposes this because he thinks they should be on at least 60 ft. lots. Even the lot area is lacking. There is a need for housing and the people understand that, but they should not be congested any more than it is. Mr. Leroy Deale, 304 N. W. 8th Avenue, referred to these lots being adjacent to his property and advised that he could have built on a 50 ft. lot, but built on larger. He thinks it will be too congested to build on 50 ft. lots. The owners in that area have lots more than 50 ft. and the houses are large. This is the only decent neighborhood they have. He then submitted a petition from the property owners in the area objecting to this. Mr. Zimmerman stated the one group of houses along N. W. 2nd Street presents a greater problem than the other four lots as there isn't enough square footage for three lots conforming to the code. It would have to be reduced to two to meet the code requirements. Mr. Deale stated he thinks they should stay within the code and objects to the both groups of DUL Mrs. Blanche H. Girtman, 912 N. W. 3rd Street, stated she has listened all evening and was very much impressed the way the Board handled the previous situation. She listened to those neighbors who didn't want a house built' on a 50 ft. lot. -14- (- MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mrs. Girtman continued that everyone is aware the northwest section of Boynton Beach has been called every mentionable thing. This project will breed another Cherry Hill. Since 1975, she has been working with Community Development to im- prove that area. Now someone wants to relieve the housing sit- uation by bringing into one of the nicer areas some reduced sized houses. She doesn't care if HUD comes down and oversees it themselves, it will be an unwelcome area with that sized housing and all those people. The homes in that area are priced at $30,000 up and a development should not be put here. The City did not approve it because it is below code. The City would not allow it in Chapel Hill or Golfview Harbour. They are tired of being a dumping ground in that area and being labelled with different various labels. She is against this because it will devalue her property. This is within 400 feet of her property and will degrade it. She knows it is not an exclusive area, but it is where she wants to live. She wants the area developed. There are nice homes there. This developer wants to build rental houses there and renters don't take care of their homes like home owners do. She is against this request. To take away the required land and build these houses, it will look like rat houses. She is tired of the northwest section being a dumping ground. Mr. Ridolfi referred to visiting the area and stated he was honestly amazed at some of the beautiful homes which are there. He talked to some of the people coming out of the church across the street when he was there. What Mrs. Girtman has stated about the area is the truth. Mr. Howell advised that this zoning would permit a 1,250 sq. ft. house and Mrs. Girtman replied the lot size is being reduced to 50 ft. Mr. Howell advised the homes will be 1,300 sq. ft. and Mrs. Girtman clarified that she wants decent sized lots. Mrs. Czufin asked if she mainly objected to renters occupying these homes and Mrs. Girtman replied that she is against that too. Mr.Keehr added that it is zoned R-IA which is single family residential and Mrs. Girtman replied there shouldn't be renters. She asked what rights the homeowners have and Mrs. Czufin stated that it is wonderful that the people came tonight. Mrs. Girtman stated this is America and they will speak. She is against a developer coming in and devaluing her property. She built her house in 1966 and has done a lot of work. The other neighbors have also been there for many years. Mrs. Czufin clarified that she does recognize the need for more housing and Mrs. Girtman replied affirmatively, but stated that five or six houses won't relieve that much. She has been work- ing for decent housing for a long time. She is not speaking against the overall project. -15- {-- ; r MINUTES - BOARD OF ADJUST~~NT MARCH 10, 1980 Chairman Thompson asked if any communications had been received and Mr. Gordon read a letter from Mrs. Florence Mills McCray stating her opposition to the granting of these variances. She resides on lots 179 and 180 and this plan calls for two dwellings to be erected on the same sized property as hers next door. She requests the variance to be denied for Lots 181, 182, 183 and 184. She does not intend to impede progress, but the value of the homes in the neighborhood must be considered. Mr. Hester asked if he understood that the owner could build on lots platted at 50 ft. and Mr. Howell replied that 1,250 sq. ft. houses are built on 50 ft. lots allover the City. An owner who has owned a 50 ft. lot can build on it. Mr. Hester asked if Flagship Bank owned these before Mr. Smith obtained them and Mr. Moore informed him that Flagship Bank foreclosed on Mr. Smith. He clarified the request was only for a reduc- tion in frontage and some instances the square footage isn't met. The houses will be 1,300 sq. ft. and will comply with all setbacks. There will be no jamming in. Mrs. Artis stated according to the zoning regulations, the mini- mum frontage is 60 ft., but now it is being stated a house can be built on a 50 ft. lot and Mr. Moore replied that the confu- sion arises with the combination of lots. He pointed out one application requests relief from 60 ft. to 56.29 ft., one from 60 ft. to 53.84 ft., and one from 60 ft. to 52.03 ft. Mr. Deale stated that he had a chance to buy this property about eight to nine years ago, but when he inquired about this property he was told the small corner lots couldn't be built on. Mr. Slavin clarified that the platting originally was 50 ft. lots which was accepted by the City. In subsequent years, the requirement was raised to 60 ft. People have bought two lots and built one home on them. This is a question of four lots which are platted 50 ft. lots and the present buyers are buying something and running into a problem which is not their doing. There are hardships to the people living there, the builder, and the overall master plan. Demolition is now taking place and housing must be provided for those people. Chairman Thompson referred to the letter from the attorney and clarified that a self-created hardship is not one created by the City. The City code does not deny this person the use of the property, but says instead of four units, they must build three. There is no landlocked position. The hardship is we are denying some future person a decent place to live. Mr. Zimmerman stated up until now on lots similar to these where there have been several grouped together where the lots can be combined, we have not been granting variances in other -16- (~ (- MINUTES - BOARD OF ADJUST~ENT MARCH 10, 1980 parts of the City. Th.;;; co~,forms to that general pattern. The only lots we have bee~ giving variances on are those which are landlocked wher'_ th<:re can't be any combining. He doesn't see any reason to cha~ge this policy. Mr. Gordon asked how much red tape would be involved to change this plan to 91 instead of 93 and Mr. Osslander replied that they estimated they would have to change to 90 units and would lose three units. He would not be interested in the project then. They were invited into Boynton Beach to develop this property. He is looking to some extent to the City to help them. It is a difficult project under difficult circumstances. This was not their idea, but was developed by other people and handed to them to put together. It is not the kind of project that you go back to the drawing board on. Mr. Slavin referred to the City Planner having knowledge of this project and Mr. Moore clarified that the City Planner has been working with this developer and indicated the last thing to make this go is within the province of this Board. They have worked on this project for years. He has sat and listened for years to people tell about the plight of the people in this area and now they say they don't want renters in their back yards and that is hard to take. Mrs. Czufin stated she thinks this is a situation which is of great importance to the City and should not be treated lightly. It should be given great consideration by the people. She does not feel qualified to make a decision on this. She would like to give her seat to Mrs. Artis, who might have more information on this and Mr. Wolf informed her that under Florida law, a member of a board must vote on every issue unless they have a conflict of interest. He doesn't think it would be the proper procedure for her to relinquish her seat. Chairman Thompson added that once the process has been started, a member must vote. Mrs. Czufin commented that however she votes, she hopes she votes the right way. She thinks there has been a lot of work and time put into this and she is thinking of what is best for Boynton Beach. Mr. Zimmerman referred' to there being other problems here and stated we are not assured this project will go through because of the high interest rates, etc., even though a variance is granted. Chairman Thompson added that the City Planner has not officially studied this and the Building Official was not aware of it. On projects of this calliber, it is hard to give the go ahead when City people are not aware of it. -17- ( r MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Wolf stated he would like to try to limit some of the issues for the Board. In granting a variance, he thinks they should not be looking at what is a benefit necessarily and the main concern is not the whole City. As far as assuring this project, they could condition a variance to one particular builder; make it a condition this is the person the variance is being given to. He has some strong concerns which should be considered. In grant- ing a variance, an economic disadvantage of a party is not a reason to grant a variance. There might be more here, but the Board must make the decision. If it is just an economic disad- vantage, they must look upon if they do it for one, they must do it for everybody. The law of Florida is that an economic disad- vantage is not a sufficient reason and is not a hardship. They also must consider whether it is a self-created hardship. He heard words that they did not look at the law at one point, but ignorance of the law is not an excuse but maybe there is more involved. Maybe these people were led on by City departments. The Board must make an ultimate decision. They must look at the issues and generally not the project as a whole. It will almost be setting a precedent in a way and they will be hard pressed when someone else comes in. They must decide whether there is a real hardship and the Board must make this decision. Mr. A. Gainer, 807 N. W. 3rd Street, stated he is concerned about rental houses being built here. He travels the county and has seen the rundown rental housing projects. Right now, the people in this areamve quite a bit of money tied up in their homes and they don't want to look outside and see houses like in other projects in the county. He has seen projects owned by the government and housing authorities. He owns five orax lots in this area. He would not sell them to anyone who would just build anything. He would appreciate if the project is kept on Seacrest Blvd. Mrs. Girtman requested clarification from the attorney and asked what the limitations are on this with each citizen who received a notificationmming down to protest? How far can the people go? If it is not good for her to voice her objections, why did the City take the time to send all the people in the area a letter and Mr. Hester replied this is done as required by law. Chairman Thompson informed her that no decision has been made and the Board listens to both sides. Mr. Hester added that just because she voices her opinion, it doesn't mean the Board has to agree with her opinion. The Board must look out for the interests of the City. Because he voiced his opinion, it doesn't mean the Board has to accept it. He is glad we have this right to speak. This Board makes their own decision. -18- r r r MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Osslander stated that they could build 90 units and meet every requirement and all the opposition which has been voiced would go to no avail, but they don't want to do that. It is within the Board's authority to grant this relief to do this project the right way as opposed to the wrong way. He doesn't want to do the project the wrong way and will not build 90 units. This whole area has been the attention of Community Development for years. This specific area that they have been asked to develop has been dedicated for new construction with government assistance. The whole area is undergoing a tremendous redevelop- ment on the part of the City, County and State. There has been an opportunity for resident participation over the years. This may not be the forum to hash it out. These people have legiti- mate concerns and if he was in their spot, he would be saying the same thing. It is unfortunate these issues are being aired here. There should have been input from the residents over the past few years. These are the people who are supposed to be benefiting. He is reacting to an invitation to come in and provide housing. Ordinarily if he was going to make a lot of money, he would do 90 units and there would not be that much difference, but this is not worth it. They were willing to see it through, but not to redo it again. Mr. Zimmerman referred to the builder's statement that he could build 90 units on the land now without difficulty,but it is the paperwork involved and asked if there was any possibility of securing additional land for three more units and Mr. Osslander replied they would have to start allover again. Mr. Zimmerman referred to having 93 units then and Mr. Osslander replied the sites would be different and would require re-inspection. HUD would have to come from Jacksonville and make inspections, etc. He felt this project would help the City. There are some parti- cular hardships from the City's point of view with the reloca- tion of people being in jeopardy. Whether this is an official hardship, he cannot say, but it is a problem and if the City wants housing, this is what needs to be done. Mrs. Czufin referred to tabling this to have the possibility of talking to Mr. Annunziato and Chairman Thompson replied that we have received the information and a decision can be made now. Mr. Slavin asked if the adjoining property was occupied next to the lots on N. W. 2nd Street and Chairman Thompson informed him the property to the north is vacant and the letter received was from the adjoining property owner. Chairman Thompson asked if any clarification was needed and Mr. Zimmerman asked just what the hardship is? Chairman Thompson informed him there is no hardship in this particular case based on the rules we operate under. Mrs. Artis questioned if this was a self-imposed hardship caused by the builder and -19- I , I r MINUTES - BOARD OF ADJUSTMENT MARCH 10, 1980 Mr. Moore stated there is a hardship as the zoning laws were changed while they were working on this project for three years and to change it now requires going through red tape with FHA and HUD. To cite one precedent, the 45 ft. heig~limit was strictly adhered to in the City, but when Motorola came, 65 ft. was allowed. Mrs. Czufin clarified that everything was approved and HUD has agreed and there is financial backing, but if it is changed, they will not proceed with this project. Mrs. Czufin moved that this request for variance to allow a minimum lot size in R-IA of 5,000 sq. ft. from 7,500 sq. ft. be approved. Mr. Slavin seconded the motion. As requested, Mrs. Kruse took a vote on the motion as follows: Mrs. Czufin Mr. Blum Mr. Zimmerman Mr. Ridolfi Mr. Slavin Mr. Gordon Mr. Thompson - Pass - Yes - No - No - Yes - No - No Motion failed with four votes against. Chairman Thompson an- nounced this request for variance has been denied by the Board. COMMUNICATIONS Chairman Thompson referred to receiving an important memo from Mr. Cheney and advised the City Council has approved l7~ per mile allowance for gas, but there is a procedure to be followed to obtain it. Mr. Gordon read the memo. Chairman Thompson questioned where the starting point is for the mileage and Mr. Howell informed him that the Chairman must make this decision. DISCUSSION WITH ATTORNEY Mr. Wolf advised that he was asked to come tonight to talk to the Board about variances and special exceptions. The things this Board is supposed to be concerned with are very limited. They are not sitting as a zoning board to consider what develop- ment is best for the City. They are concerned somewhat what the applicant is going to do. The major question is whether there is a hardship and is it a self-created hardship. That is what a variance is all about. The Board must make that determination. A variance and special exception are two very different things. A variance is release from the strict interpretation of the zoning code. A special exception is something allowed by the zoning code if the Board makes special conditions. A variance definitely requires a hardship which cannot be self-created. -20- , .. . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the owners of the properties here- inafter described ~ applied to the BOARD OF ADJUSTMENT of the CITi' OF BOYNTON BEACH, FLORIDA, for the variance as indicated under and pursuant to the provisons of the zoning code of said CrTi': Parcell: Request side set-back variances, West ~ of Lots 19 & 20, Block 8, Gulf Stream Estates, Plat #2, Subdivision, recorded in Plat Book 13, Page 51, Palm Beach County records; as follows: East side set-back from 7~ ft. to 6 ft. and West side set-back from 12~ ft. to 12 ft. 3 in. Address: 328 S.E. 34th Avenue Applicant: Jack G. Waldie Parcel 2: Request front footage variance from 60 feet to 50 feet, Lot 32, Block 4, Lake Addition Subdivision, recorded in Plat Book 11, Page 71, Palm Beach County records. Address: 637 N.E. 8th Avenue Owner: Mrs. Ada M. Shook A public hearing will be held relative the above applications by the .BOARDJ)E,Jjj;lJllS:r.~tlr at the City Hall, Boynton Beach, Florida, .:Ju~ly 21 ,,:1,999, at 5: 30 P.M. All interested parties are notifed to appear at said hearing in person or by Attorney and be heard. Dated this 7th day of July, 1969. BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH By: Robert Hueston, Chairman Curtis Weaver, Secy. y r PUBLISH: BOYNTON BEACH NEWS JOU ;.NAL July 10th & 17th, 1969 VII"'" J"y 1. l~ .... """"" Ijf' I\WU:l'lNQlT OITY OF OOYN'l"ON llICAOK, Fl.ORIOi\ l1l\e WI<:tereil!ne<:t oWl\or(e) hflrl'by I'Upeot1\tlJ.Y potHic)J\ the Bolll"d ot J\4juetln<ll\t to crant to PotUion<lil<e) I. 81'001.1 exoeption or vUl';!.anoe to the exi.ting I'Dning <lO<:le of aaid Oity \?ortaining to the property horo1natter deooribec:l. an<:t in 8UPlX'rt thereot et.t.(II) fill :/.'OllOW" 1. Property 1nvo1ved 1. de.cl"ibec:l II. rOUOW~1 Lot (.) ~2 - 3bok 1+ in the .ubclivi.ion ot . Page 7l lake AcI<lrI. (Sec. 22/1.~/1t1' . or otnerwia. deaoribe<:l aa Plat !hok 11 tollOWl1 (Metes an<:t boun<:te) M<:tress at subjeot property 637 HE 8th Avenue 2. Property is presently zoned: Rl A, 3. Existing zoning requirements from which relief is requested: Pr.,u!tnt 20ning rAqpil"'fIlJl brJ f90t. f"'N\nt.a,. 4. Nature of exoeption or variance requesto<:t: RiRht to buil<:t on 50 foot lot 5. Stat/iment of speoial oonditione, hardship or reasone justifying 1lhe requested exception or varianoe: Two a<:tjoining lote were purchased in 1957. At that time zon1n.o: allowe<:t building on 50 toot lot.. A reaMence ",e built on one lot and we reserved the other lot for f'ut.u". lIR.a. at.hlll!',," bui1dinp nr.l"nW""'g AnJ.I">An+ pl"'t'\p."'+'y Al'^w. nn WJ:>7 "0"" a<:tditional tootage to be purchased for oompliance vith existin!,: zoning. 6. lot <:limensions: (survey to be attaohed) ',9 x 11'3 7. Proposed impro~-ement: (site development sketch to be attaohe<:t) 8. List of names and post office a<:tdresses of property owners and legal descrip- tions of their property within 300 feet of subject property. 9. Proof of ownership of property by petitioner(s) (copy of deed or purchase con- tract agreement). rf agent submitting petition copy of <:tocument <:tesignating him as such must accompany petition. 10. Application fee in the amount of $25.00, payable to the City of Boynton Beach, accompanies this petition. 11. Name oJ: Applicant Troy L. 8< Ada M. Shook (please print) Address of applicant 643 N.E. 8th Avenu" Telephone NO. 732-9723 d~ ;~-,.( >, ./ttt'/l /1/ . .. ;~ ~~1'~ Page 1 of2 Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Rows 1 to 31 displayed. Click on row to scc more information. Owner Name RYAN THEODORE FAIRWAY ISLES LTD FAIRWAY ISLES LTD FAIRWAY ISLES LTD HAGAN MARIA D EAIRW A Y ISLES LTD NORFUS VICTOR D & MARSHA A BRADSHAW BARBARA R BARNES ANGELA T DECKER RONALD B & LISA C POCSIK R L & BETTY J POCSIK ROBERT L & BETTY J VICTOR MIDROY I?J.1.LcS SCOTT T & MARY J FRATE~AL ORDER OF EAGLES Situs Address NE 10TH AVE NE 10TH AVE 728 NE 10TH AVE NE 10TH AVE NE 10TH AVE NE 10TH AVE 702NE 10TH AVE 644 NE 10TH AVE NE 10TH AVE 626NE 10TH AVE NE 10TH AVE NE 10TH AVE Pareel Control Number 08-43-45-21-32-003-0010 08-43-45-21-32-003-0030 08-43-45-21-32-003-0040 08-43-45-21-32-003-0050 08-43-45-21-32-003-0070 08-43-45-21-32-003-0080 08-43-45-21-32-003-0090 08-43-45-21-32-003-0 I 0 I 08-43-45-21-32-003-0120 08-43-45-21-32-003-0140 08-43-45-21-32-003-0150 08-43-45-21-32-003-0170 08-43-45-21-32-003-0180 1022 N FEDERAL HWY 08-43-45-21-32-003-0200 1002 N FEDERAL HWY 08-43-45-21-32-003-0230 MATOS GERBRUDES A 615 NE 9TH AVE HOLDAM HEIDI G 621 NE 9TH AVE EDWARDS V ALJ;:J~IE A 629 NE 9TH AVE SIL VERMAN BRYAN K &...t\.UpREY NE 9TH AVE SIL VERMAN BRYAN K & AUDREY R NE 9TH AVE SILVERMAN BRYAN K & AUDREY R 641 NE 9TH AVE JEDKU.8L6K:\::IQLET M 647 NE 9TH AVE 08-43-45-21-32-003~0260 08-43-45-21-32-003-0270 08-43-45-21-32-003-0281 08-43-45-21-32-003-0300 08-43-45-21-32-003-0311 08-43-45-21-32-003-0312 08-43-45-21-32-003-0331 .. ./namesbypcn.asp ?which ycn=bypcn&CTY =08&RNG=43&TWP=45&SEC=21 &SUB I =32&BI 0/22/200 1 '" ...J '" ;;; '::. '" > 0 '" ~ " '" ~ - . u '" -. 3 '.32 ED TO :.21 / I. 3.::: Ul.. Ja' I --I! " ' .-'\ '.L $~'i , " ,- f~.: &~~(, " .'~ 'S ...J:: , :LJ.1. 'X.'~ 21 6 'i i .1.! ~ .z.i ~rr~ u1 lat k. W...I~ I. ,.~ r " ,~" ..lY.:etzz. i)', ':- ' 702, ~ ~, ':~.\' ~r:,.~1 , ,\'~:... r:; " ,~ I ,,1 'c ~""""I . - ,. '" "/I( - . '. . . i-I -. illllO": AVE. J;'~i:I;lj!'I:I'IIJ.I,t." ,/ ''t ..,.. :it::DlLuJi.----- ^ I 0 '. ..' 2J9I,C z "" O~'7I)) "~.: I- OT:.~:- '\ J.!--..?) ..; ~ 2 c-- ..co.," 8 -;r~9~~ , ~ ~ 3- ... l'3' :!. I I' p s I""I~I i~'q I ; ~ I 13>'J~OI\~;\'.'AY,. i~ I ,1l:JL-. ~ """,,,,.,:r 'I ~I [-"7-~-- "'" lJ"" I , .~ I \' ~;; 7 I "0,, ~; I . i2-W ~-,'." f:.&J .;.~~~ , '€-Q-=:'" ,. uJ " !> _L -sr Q. ; " , I:' .u. !ll '" 1SJ. .@.. ,~ _~.o HARBOUR HALL CONDO. 2 NE;.7~.. ~ I:; ;~~' !2. !~ ':'<1 ;"." IJ H AR eOUR HALL Cf'\ND r:OND:; t\ .lo.. ___. ~, fl.3<-' :: C0ND I 17 S- i-I 3 . ';' ~; \.-'~0 .&. UNITr CF Tin:: '\c!:J1i-',396 5 (4..5; ;:,~ '";' ,,)0\(.1'0. I -(., - oc-r):-- I ~ I ~,-~=~ 2" , ~ I 'j '1 ~ Non-confonning lots with granted variances 6 .L -7'---'5 ,,":T-. Gr)V I , ORB 83':G F OnE: 9YG F --'--- 11 ,..~. 51 q,).., - ,..' ! ,;1,>(. '- ~ ~ . ~~~.; ~,,; -~ 7 Ij --s:i.s.,--- 1.1,/ --m- ~ -v;: , I, !....3. " HAR2()1Jf., ~ ,,\ H),Ll ItiLET CLUb'.: CONG I -:. ~H .. , " ,-r,. 113, 'YIILE'S~, I,~I 800 FEET PlJlNNIN6 pep"'" IO/PI o II111 o 400 ~ Developed lots of 50' frontage with a minimum of 5,000 sq. ft. in area. 10 1 ~ Undeveloped lots of 50' frontage with a minimum of 5,000 sq. ft. in area. 19 ',' I GOA TLU_CLE.QRGE J)R QA YHART suS.i\N CASTELLANQRINA L OSORIQ_LULIO C BANUSHIAOIM LlNDROS JANE A &. LINDJW_S1ANE A & LTNDROS JANE f\ LTNDROS JANE A 707 NE 9TH AVE NE9T[[AVE 715 NE 9TH AVE 719.'JE 9TH AVE 723 NE 9[[[ AVE NE 9TH AVE NE 9TH AVE NE 9TH AVE 1001 NE 7TH AVE .)~[[1] Page 2 01'2 08-43-45-21-32-003-0350 08-43-45-2 I -32-003-0370 08-43~45-21-32-003-0380 08~43-45~21-32-003-0390 08~43-45~21-32-()03-0401 08-43-45-21-32-003-0411 08-43-45-21-32-003~0420 08-43-45-21-32-003-0430 1J8-43-45-21 ~32-1J03-()441J Please send comments to : PI'fJRllPp@co.paI111-]H!{lcllfl.us> Copyright (Q 2000 by Palm Beach County Property Appraiser All Rights Reserved namesb~.';)cll.~l;;p'>'\ hich _;Kn=h>T;cn&CT"," -i jgc'.:R.\JC=-+:,d.: -r\VP-.l5..Y.:S EC- 21 &S CB 1- 32& 1 !}"::'22. :2\)() 1 Page 1 of 1 Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Rows 1 to 18 displayed. Click on row to sce more information. Owner Name Situs Address MARCELLINO ROSE TR GATTO SALVA TORE EST PFLEPSEN W & SUSAN G BILLS MARY J TUCKER E A & KATHERINE P STEIN DA VlD STEIN DAVID FRAZIER RICHARD E III DUGDALE WILLIAM & MATTES RICHARD COLLINS RAYMOND JR DENSON J H JR & OVlDA DEGNAN MICHAEL S PETRI MARJORIE M PROWS MARIA COOPER N SUZETTE NE 7TH AVE NE 7TH AVE NE 7TH AVE NE 7TH AVE NE 7TH AVE NE 7TH AVE NE 7TH AVE 705 NE 7TH AVE 701 NE 7TH AVE 653 NE 7TH AVE 647NE 7TH AVE 639 NE 7TH AVE 635 NE 7TH AVE 627 NE 7TH AVE 619 NE 7TH AVE 611 NE 7TH AVE Parcel Control Number 08-43-45-22-03-001-0010 ,." ,.. " ~ -'.' ~',"'"r'ri""'~\""1""'~"'lr"'t<l-'T~~":"', 08-43 -45- 22c03-001 ~0040" .....I<,._.",.,.._"'.'""'..~H. ,.'" .- -~, ~ ..-.-... ~'.. .,?W"~:'T~",,,~""-'~"" '~.' _. ,-.--, oQ87.4 3_7~~".n:;()];:..Q.0 1 :0050 ::':"''':;L:~.,,'f',.'~'7:'~~:-r.::t,'~:!fo,'t'''~:~::;;';~' --,,' ''"'. 08-43-45"22~03-001-0060 ' <i8~43-45-22703-001 ~0070' <i8-43-45~22~()3-00 1 ~0080 . 08-43~45-22-03-001-0090 ' 08-43-45-22-03-001-0100 08-43-45-22-03-001-0111 08-43-45-22-03-001-0121 08-43-45-22-03-001-0131 08-43-45-22-03-001-0150 08-43-45-22-03-001-0161 08-43-45-22-03-001-0180 08-43-45-22-03-001-0200 08-43-45-22-03-00 1 ~0220 MALDONADO A VELARDO & ELIZABETH 810 N FEDERAL HWY 08-43-45-22-03-001-0230 URS N SUZETTE & 802 N FEDERAL HWY 08-43-45-22-03-001-0241 e' ~I ~ \1R!V .Dm!] W Please send comments to : propaop(ip.co.palm-beach.f1.us> Copyright @ 2000 hy Palm Beach County Property Appraiser All Rights Reserved ., .Inamesbypcn.asp?which -pcn=bypcn&CTY =08&RNG=43&TWP=45 &SEC=22&SUB 1 =03&B1 0/22/200 1