Agenda 01-19-12
BUILDING DMSON
E. Beach
P.O. Box
1 12
is
&
. Page 2
Asst. Attorney
Janet Prainto, City Clerk
Recording Secretary
Nancy Byrne, Interim Director of Development
Timothy Large, Deputy Building Official
Swierzko, Chief Field Inspector
Harvey E. Oyer, 11I,417 East Ocean Avenue, LLC,
511 East Ocean Avenue, Boynton FL
Board of Adjustments 8. Appeals\FY 2011 -2012\1-19-12 Notice of
AGENDA
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:
Thursday, January 19, 2012
TIME:
6:30 P.M.
PLACE:
BOYNTON BEACH CITY HALL
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BOULEVARD
A.
CALL TO ORDER - Michael Bessell, Chairman
B.
ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
C.
D.
APPROVAL OF AGENDA & MINUTES (MINUTES OF 6/02/11 MEETING)
OLD BUSINESS
None
E.
NEW BUSINESS
Applicant: Harvey E. Oyer, III, Managing Member
417 East Ocean Avenue, LLC
Reference: 413 East Ocean Avenue
Explanation: Applicant is appealing Section 104.5 (unsafe building
or system) with an engineer's letter regarding the
safety of the structure. Additionally, appealing Section
105.4.1 (time limitation of application) of the City of
Boynton Beach Administrative Amendments to the
2007 Florida Building Code, and is requesting an
extension to permit applicant number 09-3183, with
all of the same preservations previously granted and
approved and extended to August 1, 2012.
F
ANNOUNCEMENTS
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager, City
Attorney, City Clerk, Director of Development & Building Official
S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2011 -2012\1-19-12 Agenda.doc
MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS
MEETING HELD ON THURSDAY, JUNE 2,2011 AT 6:30 P.M.
IN CITY COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA
PRESENT:
Michael Bessell, Chair
Beverly Agee
Boyd S. Boggess
Sanford Guritzky
Timothy Rurey
Richard Shores
Andrew Mack, Interim Building Official
James Cherof, City Attorney
A. Call to Order
The meeting was called to order at 6:32 p.m.
B. Acknowledgement of Members and Visitors
The Recording Secretary called the roll. A quorum was present.
C. Approval of Agenda & Minutes March 10, 2011 and April 21, 2011 Meetings
Motion
Mr. Guritzky moved to accept both sets of minutes. Mr. Shores seconded the motion
that unanimously passed.
D. Old Business
None.
E. New Business
Applicant: Victor Andres Sasson, Managing
Member, Jason Mankoff, Applicant
Representative
Reference: CrossFit Boynton Beach LLC
Explanation: Applicant is appealing Section 108.5 of
the City of Boynton Beach Amendments
to the 2007 Florida Building Code,
Permit Penalty Fee Waiver and is
1
Meeting Minutes
Building Board and Adjustment and Appeals
Boynton Beach, FL
June 2, 2011
requesting appeal of the denial of Permit
Penalty Fee Waiver application of
January 19, 2011. This request is to
reduce to a reasonable amount the
penalty fee of $9,413.67.
Kark Swierzko, Chief Field Inspector, presented the case and explained on November
1, 2010 a permit application was submitted for an interior buildout for CrossFit at 975
Gateway Boulevard.
On November 17, 2011, the Building Department issued a stop work order, contained in
Exhibit B. The contractor of record, John Kay of Polo Construction, called Mr. Swierzko
at approximately 4:21 p.m. and apologized. He assured Mr. Swierzko he stopped
construction and that he had made a bad decision to start without the permit. He
admitted the tenant was anxious for the work to begin prior to the permit approval and
Mr. Kay agreed if he got caught, the business owner would be responsible for additional
fees.
On December 6, 2010, the building mechanical, electrical and plumbing permits were
issued.
On January 13, 2011, the project received the Certificate of Occupancy.
On January 19, 2011, the penalty waiver was submitted by Mr. Kay. Mr. Swierzko met
with him and Andrew Mack, the Interim Building Official, and Mr. Kay reiterated he
made a bad decision, but the tenant wanted him to proceed with the waiver process.
Mr. Swierzko referenced Exhibit E, Item H and commented that was not part of the
document. It was hand written by the applicant. Mr. Mack advised Mr. Kay that he did
not qualify for relief based on the information and the request was denied.
Mr. Guritzky inquired how long it took from when the work started to when the permit
was approved. Mr. Swierzko responded there were 19 business days between
application and issuance of the permit. The photographs were taken on the 17th, two
days prior to the permit being issued.
Chair Bessell inquired why the Board was hearing the appeal if that was not one of the
prerequisites for an appeal. Mr. Swierzko responded State Statute and City Ordinance
required it.
Chair Bessell inquired why the Board was only penalizing the general contractor and not
the other trades that also started work without permits as per the pictures. He noted
there was plumbing, electrical, mechanical and perhaps fire sprinkler work done. Mr.
Swierzko responded the penalty wass for the work that commenced and the permit
encompassed all the trades for the project.
2
Meeting Minutes
Building Board and Adjustment and Appeals
Boynton Beach, FL
June 2, 2011
Brief discussion ensued if the plumbing contractor applied for a separate permit, there
would have been a fee. The plumber would have been fined triple fees, the same as
the contractor. Similarly, the same would have applied to the electrical and mechanical
work, which was completed, but only the general contractor was being penalized, and
he was not appealing the fine. The fine was paid by the tenant, and it was thought there
was a question of standing, because the violation was from the contractor, but the
tenant was asking for the waiver.
Ms. Agee inquired how the penalty amount was determined. It was learned the penalty
was set by City Ordinance and the Boynton Beach Administrative Amendments to the
Building Code. It was the standard amount. She asked if the Board, in the past, had
waived the violation fees. Mr. Swierzko responded, in his five years with the City, the
Board had never waived an appeal of the Building Official's decision.
Chair Bessell questioned why the contractor did not pick up the phone and ask if he
could start. He also had the breakdown of the costs and noted there was profit listed.
He did not understand why the tenant was appealing the fine.
Jason Mankoff, the applicant's representative, 19071 Fox Landing Drive, Boca Raton,
was administered the oath. Mr. Mankoff confirmed CrossFit was appealing because
they paid the fine. The contractor was flagged and was told to proceed, pay the fee and
get the permit. The tenant paid the fine so they could open by December and start
marketing for the January rush.
As to the waiver application, the contractor was recommended to the tenants because
he was good. Not knowing about permits or construction, the tenant said do what you
have to do to open. The application, under Item 3.F, specifies that the applicant is an
individual who just recently relocated in Boynton and does not have knowledge of
Building Code requirements. Mr. Mankoff asserted the owners are not builders.
Mr. Mankoff reviewed a brochure he prepared which extolled the history and value of
CrossFit. He expressed there is a bit of cache to have CrossFit, symbolizing health,
working out and other good things, in Boynton Beach. The facility provides good
publicity for the City. The tenants were seeking a refund or at a least partial refund
because $10,000 is a lot of money. They have not spent much money on marketing
because the fee was paid with the marketing money.
Mr. Shores wished them success, but explained the Board's job is to determine if there
is a violation, if it was handled properly, and if the penalty was fair. He thought Mr.
Mankoff was requesting the Board make a decision on a contract dispute. The
contractor was not present opposing the fee and Mr. Shores felt that it was a small
claims matter.
Mr. Mankoff responded it was not and explained he sat on the Boca Board of
Adjustments. He contended the tenant falls under Section F. He reiterated an individual
3
Meeting Minutes
Building Board and Adjustment and Appeals
Boynton Beach, FL
June 2, 2011
could be defined as an entity that relocated to an area and possessed no knowledge of
the Building requirements. They relied on the contractor. It was not a small claims
matter because the tenant paid the fee. The tenant and contractor issue was not
pertinent. Item F would never be applicable to a contractor and was to protect
individuals and give them the opportunity to state their case.
Ms. Agee was concerned about the two owners starting the business without knowing
about permits. She inquired if they owned homes or lived anywhere in the world that did
not require permits. She thought it was unimaginable they would have no knowledge.
She did not know how they could start a business without recognizing they have a
responsibility and thought the contractor must have told them about the need for
permits.
Mr. Mankoff contended 95% of the population does not know about permits. People
purchase homes or have remodels done and just pay for them. They do not know about
going to the municipality and filing for permits. Most business owners that are not in
building construction or development trades are unaware of the requirement. Many of
them are single-shop owners moving into a space or renovating and they do not know
about these things until a problem arises.
Mr. Boggess commented when the tenants signed the lease there is some kind of a
term in it and/or documentation about acceptance of the space and an allowance is
given for a buildout. There should be documents and then an understanding that
permits would have been required. The tenant has to accept the space as is and would
know full well there are requirements. Mr. Mankoff explained the site was in an existing
shopping center and permits would be required for interior buildouts. The tenants hired
a contractor to do that and most small business tenants do not read every page of a 20-
page lease. He further asserted if it said it is the tenant's responsibility to get the
permits, they think it is the responsibility of the contractor to obtain them.
Mr. Shores explained it is a dispute between the tenants and contractor not the Board.
It should be remedied by those two parties. Mr. Mankoff respectfully disagreed because
of Section F and commented he has been at other fee reductions. In Delray Beach,
reductions are heard by the City Commission. Most municipalities have provisions to
appeal and say this is what happened, fine us, but not the entire amount.
Mr. Guritzky felt there were contradictions. When he read the documents, the tenants,
who may not be business savvy, said to the contractor we want to get going, and if it is
before the permits are issued, we will handle it. He asserted they were aware of it.
Ms. Agee agreed and expressed Mr. Mankoff had not provided proof that they recently
relocated and did not know the area, Building Codes and had no knowledge of them.
Chair Bessell noted the applicant was aware of it when they hired the contractor and
they relied on the contractor. They knew enough to hire a contractor. He asked Mr.
4
Meeting Minutes
Building Board and Adjustment and Appeals
Boynton Beach, FL
June 2, 2011
Swierzko if a formal complaint was filed against Mr. Kay of Polo Construction, what the
strictest penalty as a State license holder was.
Mr. Swierzko responded it depended on any previous violations, which are public
record. He thought there was a strict penalty, maybe around $1,000. Chair Bessell
thought Mr. Kay, the contractor, should assume some of this responsibility because the
owners did hire him and further commented the Board members were in agreement that
something was not quite right. The work was done between the tenant and contractor.
The contractor was responsible. That was why he wanted to know why all the
subcontractors were not fined. They all did work without a permit.
Mr. Swierzko commented the penalty fees assessed were a result of the contractor's
negligence, not the tenants. By Ordinance, the penalty goes against the contractor and
the contractor previously made the request, which was denied.
Mr. Rurey pointed out the tenant had the option of not paying the final retainage, or
payment, until those issues were resolved. Mr. Guritzky commented the issue was not
a Board issue.
Chair Bessell asked for a motion to approve or disapprove the appeal.
Motion
Mr. Rurey moved the Board not approve the appeal and the fine stand as stated. Mr.
Shores seconded the motion.
The Recording Secretary called the roll. The motion unanimously passed. Chair
Bessell clarified the vote was to deny the appeal.
F. Announcements
None.
Adjournment
There being no further business to discuss, the meeting was properly adjourned at 7:10
p.m.
{l~!)iL(]kwJ-
Catherine Cherry
Recording Secretary
060611
5
City of Boynton Beach
Department of Development
Buildi Division
Submittal
days
is
Division
Please print or tVDe Submittal Date: 7 December 2011
Filing Fee: $100 payable to the City of Boynton Beach
The undersigned owner(s) hereby respectfully petition(s) the Building Board of
Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and
interpretations of the Building Official and consider variances of the technical codes:
Section(s) to be appealed: Section 105.4.1. Section 104.5. and all other decisjons
of the City of Boynton Beach Building Official contained in his letter dated
November 15, 2011. a copy of which is attached heretoas Exhibit IDAII.
Property involved is described as follows:
Subdivision Town of Boynton
or otherwise described as follows:
Property Address: 413 East Ocean Avenue
Name and Address of Owner: 417 East Ocean Avenue. LLC, 511 East Ocean Avenue,
10 & 11
Block 5
, Page
, Plat Book
Boynton Beach. Florida 33435
Name of Applicant: Harvey E. Oyer, III.
Applicant's Phone Number: 561-650-8517
THE NOTICE OF APPEALS SHALL CONTAIN: See Exhibit liB"
1. A clear and concise statement of the order and decision of the Building Official sought to
be appealed and the date thereof.
2. The reasons for which the appeal is taken and a definite and detailed statement of relief
sought from Building Board of Adjustment and Appeals.
3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it
shall have appended to it copies of any plans, drawings, rules or regulations or other
documents that would be pertinent and materials to the hearing of the appeal.
In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his decision limit the time for such appeal to a shorter
period.
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426351
www.boynton-beach.org
November 15, 2011
VIA CERTIFIED MAIL & REGULAR MAIL
7011-0470-0001-0764-9973
417 East Ocean Avenue LLC
PO Box 57
Boynton Beach, Florida 33425-0057
RE: Notice of Unsafe Building or System - 413 E. Ocean Avenue, Boynton Beach, FL
To Whom It
Concern:
Per section 105.4.1 of the Boynton Beach Administrative Amendments to the 2007 Florida
Building Code the building permit for above referenced proj ect has been deemed
invalid, due to lack of activity for the previous six month period.
Additionally per section 104.5 the building and/or system has been deemed unsafe,
constitutes a fire hazard, dangerous to.human life, and in relation to existing use,
constitutes a hazard to safety or health. All such unsafe buildings, structures or
service systems are hereby declared illegal and shall be abated by repair alld
rehabilitation or by demolition in accordance with this Code.
Based on this determination you are herby order to have the building and/or system
demolished within twenty-one (21 calendar days from the date of this letter.
If you disagree with the building and/or system being declared unsafe; per section
104.5.3 of the Boynton Beach Administrative Amendments to the 2007 Florida Building
Code; "The owner, agent or person in control of an unsafe structure or system shall
have the right to appeal the decision of the building official, as provided
hereinafter, and to appear before the Building Board of Adjustments and Appeals at a
specified time and place to show cause why he should not comply with said notice".
Upon expiration of the twenty-one (21) day period per section 104.5.4 of the Boynton
Beach Administrative Amendments to the 2007 Florida Building Code, the building and/or
system will be demolished by the City; accordingly, the costs incurred will be charged
to the owner per section 104.5.6 of the Boynton Beach Administrative Amendments to the
2007 Florida Building Code.
If you should have any questions or concerns please contact me in the Building
Division at 561.742.6366. Thank you.
8M
Andrew P. Mack, P.E., LEED AP
Interim Building Official/Engineer
XC: Harvey E. Oyer, III, Registered Agent
Nancy Byrne, Interim Director of Development
Timothy K. Larg~, Deputy Building Official
Karl Swicrzko, Chief Building Field Inspector
Rick Lee, Fire Mar~hall
Jim Cherof, City Attorney
Warren Adams, HiDtoric Preservation Pla~ner
S: \ Dev",lopracnt \BUILDING\Lc tters \20 11 \~roticc of
nfe 3:.Iildinq or Syst8m - 41:1 E OC'Oiin AvenI'.'"
Exhibit "B"
Building Board of Adjustment and Appeals Application
Property Address: 413 East Ocean Avenue
PCN: 08-43-45-28-03-005-0100
1. A clear and concise statement of the order and decision of the Building Official being
appealed is described in the Application and Exhibit "A" attached to the Application.
2. The appeal is taken because the information contained in the Building Official's letter
of November 15, 2011 is incorrect. More specifically, the structure in question is not unsafe,
does not constitute a fire hazard, is not dangerous to human life, and does not constitute a hazard
to safety or health. The relief sought from Building Board of Adjustment and Appeals is an
extension of the building permit to August 1,2012, at which time the property owner will have
financing place to complete the restoration of this building, one of the oldest commercial
buildings in the City.
3. Please see letter from Quantum Engineering Associates, Inc., dated November 30, 2011,
attached hereto as Exhibit "C".
WPBDOCS 8000553 1
12/8/11
Exhibit
.
Structural Eng{neerirlg & Cost Segregation
November 30, 2011
City Boynton Building Department
Florida
RE:
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Thank You,
Stambaugh. E.
State of Florida:
Engineering Number:
PAL.M BEACH GARDENS, FLORIDA 334tO
F I 661.296.2494
C.A. 26210
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HARVEY E. OYER,
Member Florida Bar
(561) 650-8517 Direct Telephone
(561) 822-5522 Direct Facsimile
E-MAIL ADDRESS:
hoyer@shlltts.com
January 12,2012
VIA EMAIL (macka@bbfl.us)
FACSIMILE (561-742-6357) and
HAND DELIVERY
Andrew Mack, P.E.
Interim Building OfficiallEngineer
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re:
- 417 East
Avenue (the "Property")
Dear Mr. Mack,
I will be calling the following City employees as witnesses at the January 19th hearing before the
Building Board of Adjustments and Appeals ("BBAA"). Please ensure their availability for
testimony.
Andrew Mack
Tim Large
Rick Lee
Lori La V erriere
Vivian Brooks
Please kindly advise me of the position of this matter on the BBAA's agenda.
s always, should you have any questions or concerns, please call me.
WPBDOCS 80106331
1100
Tm.:er, 52'5 Okeechobec Boulevard, West Palm Beach, Florida 33401 .
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S:\Development\BUILDINGIMemos\2012\12-o02 - 413 East OceaIJ Avenue - 011712.doc
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Tile City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Bovnton Beach, Florida 33425-0310
TEL: 561-742.6350
FAX: 561-7426357
www.boynton-beach.org
November 15, 2011
VIA CERTIFIED MAIL & REGULAR MAIL
7011-0470-0001-0764-9973
417 East Ocean Avenue LLC
PO Box 57
Boynton Beach, Florida 33425-0057
RE: Notice of Unsafe Building or System - 413 E. Ocean Avenue, Boynton Beach, FL
To Whom It May Concern:
Per section 105.4.1 of the Boynton Beach Administrative Amendments to the 2007 Florida
Building Code the building permit for above referenced proj ect has been deemed
invalid, due to lack of activity for the previous six month period.
Additionally per section 104.5 the building and/or system has been deemed unsafe,
constitutes a fire hazard, dangerous to. human life, and in relation to existing use,
constitutes a hazard to safety or health. All such unsafe buildings, structures or
service systems are hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition in accordance with this Code.
Based on this determination you are herby order to have the building and/or system
demolished within twenty-one (21) calendar days from the date of this letter.
If you disagree with the building and/or system being declared unsafe; per section
104.5.3 of the Boynton Beach Administrative Amendments to the 2007 Florida Building
Code; "The owner, agent or person in control of an unsafe structure or system shall
have the right to appeal the decision of the building official, as provided
hereinafter, and to appear before the Building Board of Adjustments and Appeals at a
specified time and place to show cause why he should not comply with said notice".
Upon expiration of the twenty-one (21) day period per section 104.5.4 of the Boynton
Beach Administrative Amendments to the 2007 Florida Building Code, the building and/or
system will be demolished by the City; accordingly, the costs incurred will be charged
to the owner per section 104.5.6 of the Boynton Beach Administrative Amendments to the
2007 Florida Building Code.
I f you should have any questions or concerns please contact me in the Building
Division at 561.742.6366. Thank you.
Andrew P. Mack, P.E., LEED AP
Interim Building Official/Engineer
XC: Harvey E. Oyer, III, Registered Agent
Nancy Byrne, Interim Director of Development
Timothy K. Large, Deputy Building Official
Karl Swierzko, Chief Building Field Inspector
Rick Lee, Fire Marshall
Jim Cherof, City Attorney
Warren Adams, Historic Preservation Planner
S: \Development \BUILDING\Letters\20ll \Notice of Unsafe Building or S:'stern- 413 E Ocean Avenue. doc
and the work is performed according to the owner-builder
limitations provided in this paragraph. To qualify for exemption
under this paragraph, an owner must personally appear and sign
the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially
the following form:
Disc/osure Statement: State law requires asbestos abatement to
be done by licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows you, as
the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license.
You must supervise the construction yourself. You may move,
remove or dispose of asbestos-containing materials on a
residential building where you occupy the building and the
building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building
within one year after the asbestos abatement is complete, the
law will presume that you intended to sell or lease the property
at the time the work was done, which is a violation of this
exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state
and federal laws and regulations, which apply to asbestos
abatement projects. It is your responsibility to make sure that
people employed by you have licenses required by state law and
by county or municipal licensing ordinances.
105.4 Conditions of the permit.
105.4.1 Permit intent. A permit issued shall be constructed to
be a license to proceed with the work and not as authority to
violate, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the
building official from thereafter requiring a correction of errors in
plans, construction or violations of this code. Every permit issued
shall become invalid unless the work authorized by such permit
is commenced within 6 months after its issuance, or if the work
authorized by such permit is suspended or abandoned for a
period of six months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is
revoked, becomes null and void, or expires because of lack
of progress or abandonment, a new permit covering the
22
proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days
from the date the initial permit became null and void, the
building official is authorized to require that any work that
has been commenced or completed be removed from the
building site. Alternately, a new permit may be issued on
application, providing the work in place and required to
complete the structure meets all applicable regulations in
effect at the time the initial permit became null and void
and any regulations which may have become effective
between the date of expiration and the date if issuance of
the new permit.
105.4.1.3 Work shall be considered to be in active
progress when the permit has received an approved
inspection within 180 days. This provision shall not be
applicable in case of civil commotion or strike or when the
building work is halted due directly to judicial injunction,
order or similar process. The building official is authorized
to grant, in writing, one or more extensions of time, for
periods not more than 90 days each. The extension shall
be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4 The fee for renewal re-issuance of a permit
shall be set forth by the administrative authority.
105.5 Reserved.
105.6 Reserved.
105.7 Placing of permit. The building permit or copy shall be kept
on the site of the work and protected from the weather until the
completion of the project
105.8 Notice of commencement. As per Section 713.135, Florida
Statutes, when any person applies for a building permit, the authority
issuing such permit shall print on the face of each permit card in no
less than 18-point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
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SHUTTS
&
BOWEN
LLP
Founded 1910
Building Board of
Adjustment and Appeals
413 East Ocean Avenue
I January 19, 2012
History of Site
.
Constructed in 1925 by Harvey Oyer Sr.
Owned by our family for 87 years
Designated as "Historically Significant" in 1996 by City
Damaged in Hurricanes Frances, Jeanne, & Wilma in 2004 & 2005
Selective demolition and restoration commenced by Harvey Oyer Jr.
Harvey Oyer Jr. dies in December 2010
Harvey Oyer III meets repeatedly with City staff to discuss status of all Oyer properties in Jan.,
Feb., and Mar. 2011 and told to wait for Historic Preservation ordinance, board, and ad valorem
program to be instituted
Harvey Oyer III appointed Personal Representative of Estate and Creditor's Claim period
expires in April 2011
Estate pays off existing construction loan and multiple construction liens to clear title to property
in April and May 2011
Estate engages Glidden, Spina Partners as architects on project in May 2011
Property listed for lease/sale with WG Compass in summer of 2011
Additional shoring work completed on building in September 2011
City Commissioner requests building be torn down in October 2011 telephone call
CRA Director threatens to have building torn down if family does not trade land with CRA
Following morning, City Building Official requests demolition of building
Nov. 2011 City Building Official declares building unsafe.
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Aerial Photo of Site
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East Elevation
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West Elevation
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North Elevation
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New Concrete Footer with Hurricane Strapping
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New Studs
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Interior Bracing
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Exterior Bracing
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Architectural Rendering of Restored Building
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CONCEPT SKETCH
ClLIUIH::\ . SPliIi/\ &: !'AH.TNERS
-\ACIIlTH"n-R[. r"Tf.RIOR nnIG'I:, r..c.
413 OCEAN AVENUE
BOYNTON BEACH, FLORIDA
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Building Official Determination
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DMSOM
100 f. Boynton Bead18ou1e'Yard
P.O. Box 310
Boyrlton Bead1, Fkxida 3J42S-0JIO
TEL: 561.]42.5350
FAX: 561.7425351
www.boynton-beach.org
November 15, 2011
VIA CERTIFIED MAIL , REGULAR MA.IL
7011-0470-0001-0764 -997 3
417 East Ocean Avenue LLC
PO Box .57
Boynton Beach, Florida 33425-0057
RE: Notice of Un..fe Buildinq or System - 413 E. Ocean Avenue, Boynton Beach, FL
To Whom It May Concern:
Per section 105. <1.1 of the Boynton Beach Administrative Amendments to the 2007 Florida
Building Code the building permit for above referenced project has been deemed
invalid. due to lack of activity for the previous six month period.
Additionally per section 104.5 the building and/or system has been deemed unsafe,
constitutes a fire hazard, dangerolls to human life, and in relation to existing use,
constitutes a hazard to safety or health. All such un::>afe buildings, structures or
service systems are hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition in accordance with this Code.
Based on this determination you are herby order to have the building and/or system
demolished witilin twenty-one i21} calendar days from the date of tilis letter.
If you disagree with the building and/or system being declared unsafe; per section
104.5.3 of the Boynton Beach Administrative Amendments to the 2007 Florida Building
Code; "The owner, agent or person in control of an unsafe structure or system shall
have the right to appeal the decision of the building official.. as provided
hereinafter.. and to appear before the Building Board of Adjustments and Appeals at a
specified time and place to show cause why he should not comply with said notice".
Upon expiration of the twenty-one (21) day period per section 104.5.4 of the Boynton
Beach Administrative Amendments to the 2007 Florida Building Code, the building and/or
system will be demolished by the City; accordingly, the costs incurred will be charged
to che owner per section 104.5.6 of the Boynton Beach Administrative Amendments to the
2007 Florida Building Code.
If you should ha.ve any questions or concerns please contact me in the Building
Division at 561.142.6366. Thank you.
sZ/t ;V[
Andre..... P. Mack, P. E., LEED AP
Interim Building Official I Engineer
XCl Harvey 8. Oyer, III, Registered Agent
Nancy Byrne. Interim Director of Development
Timothy K. Large, Deputy Building Official
Karl Swierzko, Chief Building Field Inspector
Rick Lee. Fire Marshall
Jim Cherof. City Attorney
Warren Adams, Historic Preservation Planner
S:\lll'lvelopP>ent\BUILIlING\Lettere\2011\NQUcll"! of Unl'lafe 81.lLlding or Sy"teIl\ - 413 E Ocean IIvenufl.doc::
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Structural Engineer
Q{;A
QuANTUM ENGINEERING ASSOCIATES INC.
.
SUVl;turai Errgiooerir1fJ &. Cost StJjjIt"8galJon
November 30, 2011
City of Boynton Beach Building Department
Boynton Beach, Rorida
RE: 413.417 East Ocean Avenue
Boynton Beach, FL 33435
To Whom It May Concern:
Please be advised that I performed an inspection of the structure at the above
referenced property on November 30. 2011 at the request of the owner. I am a
Rorida licensed Professional Engineer that specializes in Structural Engineering. Since
or1ginally inspecting this building over a year ago, the existing wall structure has been
completely re-built using pressure treated lumber and a sizeable new footing has been
installed below the wall on all sides per the previously permitted construction
documents. The walls have been properly anchored and strapped in accordance with
those plans and the Rorida Building Code. All shor1ng has been re.secured to the wall
on each side to provide adequate support. The entire site Is also properly fenced and
shielded to keep out trespassers and contain the site. Pursuant to section 104.5 of the
Boynton Beach Administrative Amendments to the 2007 FBC, it is my professional
opinion that the stll..M;:ture, in its current state, does not pose a fire hazard, danger to
human life or hazard to safety or health. It has been made as safe as possible until
construction can be compLeted.
It was our understanding that the main objective for the owner at this point in the
project is to reconstruct the building and salvage the original early 1900's era stucco
dadding. It is my opinion that this can be accomplished and approximately 50% of the
contracted work has already been completed.
Plea~ feel free to contact me with further questions or concerns.
Thank You,
~J'f.'
Shawn M. Stambaugh. P.E.
State of Rorida:
Registered Professional Engineering Number: 0061B50
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3001 PGA BoULEVARD, surre: 203, PAlM BEACH GAAOENS, FLORIDA 334)0
PI 561.202.6994 FI S61..2962494
CA 26210
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Requested Action
· Reinstate prior building permit
· Allow inspection to occur
· Allow restoration project to proceed with
historic designation and ad valorem tax
exemption
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