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CORRESPONDENCE Bob Richardson ill rn@rnow~ fn' i*R I 9 2002 --~=--' fLANf,It'iG AND ZONiNG DEPT. i l March 18, 2002 Michael W Rumpf Director Planning and Zoning Division City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, Fl 33425 Re Building Permit application 306 SE 10th Avenue Boynton Beach, Fl Dear Mr Rumpf, As you discussed with my Engineer, Burl Gentry, I am requesting the above building permit be processed as single family residence, so the permit can be released and I can close the structure The work I am doing is the required improvements to bring the structure up to the required codes and get the city inspections Thank you in advance for your cooperation to release the subject permit PSI will be submitting the required variance to permit the residence to be used as a Duplex residence Robert D Richardson Jr 3-27-02 To Jim Cherof" City of Boyntoo Beach Attornev" Please be Advised Mr Cherof \hat as now I am not moving forward with a law suit against the city for wrongful deniall of my buIlding pennit We have hired a engineer. and are proceed1ng , thru due proccm to obtJlin a vanarlce , as insttucted by Mr Mike Rumpf At this tlme I am no longeI' represented by Glance &. Glaooe P,A. However. Attorney Mr Gene Moore has beer, & will contInue to adVIse me. Thank you, (...-~ ~ ,.~ Rolx.-rt D Richar son Jr GOREN, CHEROF, DOODY & EZROL, P A ATTORNEYS AT LAW SUITE 200 3099 EAST COM\tERCI~L BOLLE\ARD FORT LAUDERDALE FLORIDA 33308 SAMUEL S GOREN JAMES A. CHEROF DONALD J DOODY KERRY L EZROL MICHAEL D CIRULLO JR TELEPHONE (954) 771-4500 FACSIMILE (954) 771-4923 JULIE F KLAHR LINDSEY A. PAYNE NANCY R KRAMER DAVID N TOLCES STEVEN L JOSIAS OF COUNSEL March 5, 2002 mn ~@rnnw~ "" - . \ i l' I ~AR ,.; ?r-l ~ I ! L~ .' \. . I I i l_ ill Barry Marcus, EsqUIre Glantz & Glantz, P A. 7931 SW 6th Street SUIte 100 PlantatIon FL 33324 r: G ~,t.'O I~E;1T Re CIty of Boynton Beach ("CIty")IRIchardson Property, 306 SE 10th Avenue, Boynton Beach, Flonda Dear Mr Marcus Pursuant to our conversatIOn of March 4, 2002, attached IS a copy of the February 25, 2002 correspondence from Mike Rumpf, DIrector of Plannmg and ZOnIng, to your clIent, regardmg the above referenced matter If you have any addItIonal questIOns, please do not heSItate to call. ~~ DaVId N ToIces ASSIstant CIty Attorney CIty of Boynton Beach cc James A. Cherof, CIty Attorney Mike Rumpf, DIrector of PlannIng and ZOnIng Nancy Byrne, ASSIstant DIrector, Development SSG DNTmtm H \ 1990\900 I 82.BB\LETIER IMarcus(Richardson).doc 28 02 04 39p e2/29/2eB2 17 51 Clt~ Attorne~'s OFFice 561-742-6054 p 2 5613756. IIlVNT(]I.I BEAOi P & Z PAGE 82 / -:;j:_ (\ i: 6-r, 0 , \'\', , ' 1 ~t:/: . ~ ~ ~.---(,~. nEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . 8tIIIdItt11 . Ptmnirlrl& ZDnfq . ~lIon" Uc-cnau · ~ RefI~ February ~5r 2002 Mr Robert Richardson 985S HindF1 Co\ll1 Boynton Beach, FL 33437 RE. 30f SE IOIb Avenue i Dear Mr.lpcbardsoD. nus letter ~ m rc$pODSC to your plaD 10 JDlprove the above-referenced property and use it for a two- family (d~le,,) dwelling UlUt, which ~1e city CIDDot process as currently proposed. i Based on ~aratteristics of the oriJina structure and use, as represented by BlIi1ding Division and utility bill~ records, and the lack of ~ ny applicable occupationa11ic:4nac records. it is the ~ity'. position th~t the property was ~ tc:d and has beeu used IS a sin&le-famibr home. No pamit ~ords ex~1 to document the approva for subsequent related improvemcats. I Despite sJsequent improvements the: may have: expanded tha ~turc and added a second JiviDg area and ki~chen unit, city rcconls do lot d(M;UUlcnl the approval &om the city to convert the property to a duplcxi dwelling unit t , Please aIso; be infonned that the subjec: I property is currently zoned C-3, Community Commercial. A duplex uni1 is a permitted use within the C-3 zoning distticl; however, only in ac;cordance WIth the lot n:gu1abQJlS(Le., lot area, minimum m n~ etc.) applicable to the R-2 zooiDg districL The property ~Qu1d continue to be u.scd as .. sinllf:-~milly rm4enu; however. it ~uld be convened to a duplex subject to meeting all appticeblo ZOllmi Qn~ srte regulattoM to brin& the property up to CUIJ'eI1t codes. Please colct this office if you have aJY questions n:gardina tlus leUcr or the ~lUns aud SIte regulatlons' applicable to the intensific mon of tins property . i SUlccrely, i ~ Michael wt Rumpf: Director Planning mid Zoning I ._-L"""""""""""""",-u...___... """of_j_. ,..__...._..0._.... ___ _ua.. .. t Phone: {51!') 742-4350 · -.cUIoyntolHuch.or FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E Boynton Beach Blvd POBox 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO V'*' C/v'i' kb A(~ :2jtjy / ' FAX ~'o~~ FROM DATE NUMBER OF PAGES (including co'tler) r? \...') RE M~ L-~~{'tv - ~cr --, 1~4~ t:~/~-- J'\SHRDATA\Planning\Planning Templates\P&Z Fax\P & 0 Blank Fax.dot If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260 Thank you ,NSMISSION VERIFICATION REPORT TIME 02/28/2002 10 42 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO /NAME DURATION PAGE(S) RESULT MODE 02/28 10 40 6054 00 01 09 03 OK STANDARD ECM GlANTl & GlANTZ, P A. ATTORNm AT lAW R DEI English 95-'1 -'123 1l08b 800 290 7871 Spanish 95-'1 -'123 3515 800.213 8629 7951 Southwest Sixth Street Suite lu0 Plantation. FL 33324 February 28, 2002 Michael W Rumpf DIrector, Planmng and Zomng Department of Development CIty of Boynton Beach 100 East Boynton Beach Boulevard POBox 310 Boynton, Flonda 33425-0310 RE Our Client: Our File No. Subject Property. Robert Richardson 171070 306 Southeast 10th Avenue Dear Mr Rumpf. Please be mformed of the Law Offices Of Glantz & Glantz, P.A. represents Robert RIchardson. Our clIent has requested thIS office to respond to your letter dated February 25,2002 Please be mformed that our clIent vIgorously objects to your demal of a constructIOn permIt for the above referenced property Our clIent belIeves that the City of Boynton Beach's actIOns are unjustIfied and the result of selectIve enforcement. Based on our reVIew of the facts, It IS clear that the property was bUIlt m the 1950's and converted to a multI-famIly umt soon thereafter DespIte the lapse of approximately forty years and the CIty'S actual knowledge of the condItIon of the property, the CIty has allowed the property to be used as a multI-famIly dwellmg WIthout ObjectIOn. Based upon the City's ImplIed acqUIescence to the utIlIzatIon of the property as a multI-famIly dwellmg, our clIent has expanded an enormous amount of tIme, money and effort. It IS our pOSItIon that the City of Boynton Beach IS eqUItably estopped for denYIng our clIent's permIt to renovate the structure It IS clear that the property IS zoned properly and the modIficatIOns proposed by our clIent WIll not change the use or structural mtegnty of the premIses. As part of our research, we have dIscovered ample case law to support our clIent's pOSItIon. Our chent's pOSItIon IS further strengthened by the approval of the permIt applIcatIOn and archItecture plans by the City'S electnca1, mechamcal and structural departments. Based of the foregomg, demand IS hereby made for an Immediate reconSIderatIOn of your demal of our clIent's permIt. TD.) ~@m8W~Fnl I fl] MAR, :ml LV --. >!^,"J -)f OFVFlOPMFNT MIchael W Rumpf February 28, 2002 Page Two Your failure to comply wIth the demand herem shall be consldered as an mtentIOn on your part to refuse to amIcably resolve thIS dIspute between the partIes. You wIll therefore leave us WIth no other alternatIve but to adVIse our clIent concernmg all avenues avaIlable under FIonda Law the address the CIty'S unjustIfied demal of our clIent's bUIldmg permIt. Smcerely, LAW OFFICES OF GLANTZ &GLANTZ, P.A. BY o ~~"- ~~~ BARRY J MARCUS, ESQUIRE BJM. Jd cc Robert RIchardson From the office of Planning & Zoning CITY OF BOYNTON BEACH City Hall, West Wing 100 E Boynton Beach Blvd POBox 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax FACSIMILE /?J6b K~ ~\~\o\o~ TO FROM DATE. RE 3ot. 72 ' cA vt/l ,J $ GAJ FAX. .c;-??1-73~- /s-zj -r:; e--/L't Fb NUMBER OF PAGES (including co'tler) cl- sc: lO~ ~ ?<2-Q. '-{ 0 U rt.. (Lei (.)4 T \-~ (\(>.^- 'o~ ~ t...-~ 1= o,:~ I of. ~ L{ 6U J'\SHRDATA\Planning\Planning Templates\P&Z Fax\P & 0 Blank Fax.dot If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260 Thank you DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment February 25, 2002 Mr Robert RIchardson 9855 Hmdel Court Boynton Beach, FL 33437 RE 306 SE 10th Avenue Dear Mr RIchardson. ThIS letter IS m response to your plan to Improve the above-referenced property and use It for a two- famIly (duplex) dwellmg umt, whIch the CIty cannot process as currently proposed. Based on charactenstIcs of the ongmal structure and use, as represented by BUIldmg DIVISIOn and utIlIty bIllmg records, and the lack of any applIcable occupatIOnal lIcense records, It IS the CIty'S posItIOn that the property was constructed and has been used as a smgle-famIly home. No permIt records eXIst to document the approval for subsequent related Improvements. DespIte subsequent Improvements that may have expanded the structure and added a second lIvmg area and kItchen umt, CIty records do not document the approval from the CIty to convert the property to a duplex dwellmg umt. Please also be mformed that the subject property IS currently zoned C-3, Commumty CommercIal. A duplex umt IS a permItted use wIthm the C-3 zonmg dIstnct; however, only m accordance wIth the lot regulatIOns (i.e., lot area, mmImum frontage, etc ) applIcable to the R-2 zomng dIstnct. The property could contmue to be used as a smgle-famIly reSIdence, however, It could be converted to a duplex subject to meetmg all applIcable zonmg and SIte regulatIOns to bnng the property up to current codes. Please contact thIS office If you have any questIOns regardmg thIS letter or the zomng and SIte regulatIOns applIcable to the mtensIficatIOn of thIS property Smcerely, 74? MIchael W Rumpf, DIrector Planmng and Zomng S:\Planning\SHARED\WP\CORRESP\Corresp M thru Z\Richardson denialletter.rtf City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.ci.boynton-beach.or ~NSMISSION VERIFICATION REPORT I TIME 02/26/2002 10 48 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAY NO./NAME DURATION PAGE(S) RESULT MODE 02/26 10 47 97361575 00 00 56 02 OV STANDARD ECM