Agenda 04-19-12
www.boynton-beach.org
March 27.2012
Mr. Michael Bessell, Chairman
2657 SW 23m Cranbrook Drive
Boynton Beach, FL 33436
RE: David Dennis, 1314 S. Seacrest Blvd. , for reinstatement of permit and permission to
continue work from previous stopping point
Dear Mr. Bessell and Board Members:
Attached is the agenda for the April 19, 2012, meeting. The applicant, David Dennis, home
owner, is appealing Section 105.4 and 105.4.1.3, inclusive, of the City of Boynton Beach
Administrative Amendments to the 2004 Florida Building Code which allowed for his permit to
add doors and windows to a patio to be voided.
Mr. Dennis is requesting that his permit applicant number 06-3134 be reinstated and allowed
to continue work from the point where he previously had to stop. He asks that, for financial
reasons, the original permit application fees, engineering plans, foundation work, soil
treatment, window rough, concrete, and elevation certificate be recognized and used for the
reinstated permit (see application and accompanying documents).
While the permit was active, applicant requested and received 4 permit extensions; due to
inactivity it later qualified as abandoned and was allowed to expire (see Building Division Exhibit
A).
An rew P. Mack, P.E., LEED AP
Interim Building Official
APM:jaw
Attachment
. Page 2
Xc: Members of Building Board of Adjustment & Appeals
City Commission Members
Lori LaVerriere, Interim City Manager
Asst. City Attorney
Janet Prainto, City Clerk
Recording Secretary
Nancy Byrne, Interim Director of Development
Timothy K. Large, Deputy Building Official
Karl Swierzko, Chief Field Inspector
David Dennis, 1314 S. Seacrest Blvd., Boynton Beach, FL 33435
Via Regular Mail
S;\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2011 -2012\4-19-12, 1314 S. Seacrest Blvd\4-19-12 Notice of
meetlng.doc
AGENDA
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:
Thursday, April 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 1/19/2012 MEETING)
OLD BUSINESS
None
E.
NEW BUSINESS
Applicant: David Dennis
Reference: 1314 S. Seacrest Blvd.
Explanation: Applicant is appealing Sections 105.4 and 105.4.1.3
(Conditions of the Permit), inclusive, of the City of
Boynton Beach Administrative Amendments to the
2004 Florida Building Code which allowed for his
permit # 06-3134, to add doors and windows to a
patio, to be voided. He is requesting the permit be
reinstated and he be allowed to complete the job from
the point where he had to stop. He asks that, for
financial reasons, the original application fees,
engineering plans, foundation work, soil treatment,
window rough, concrete, and elevation certificate be
recognized and used for the reinstated permit. (See
application and accompanying documents). While
the permit was active, applicant requested and
received 4 permit extensions; due to inactivity it later
qualified as abandoned and was allowed to expire
(see Building Division Exhibit A).
F.
ANNOUNCEMENTS
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
S:\Development\BU ILDI NG\Building Board of Adjustments & Appeals\FY 2011 -2012\4-19-12, 1314 S. Seacrest Blvd\4-19-12 Agenda.doc
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
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\BU ILDI NG\Building Board of Adjustments & Appeals\FY 2011 -2012\4-19-12, 1314 S. Seacrest Blvd\4-19-12 Agenda.doc
MINUTES OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS MEETING
HELD ON THURSDAY, JANUARY 19,2012, AT 6:30 P.M.
IN THE CHAMBERS AT CITY HALL
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Michael Bessell, Chair
Beverly Agee
Boyd Boggess
Sanford Guritzky
Timothy Rurey
Richard Shores
Andrew Mack, Engineerllnterim
Building Official
James Cherof, Board Counsel
A. Call to Order
Chair Bessell called the meeting to order at 6:34 p.m. The Recording Secretary called
the roll. A quorum was present.
B. Acknowledgement of Members and Visitors
There was no action taken on this item.
C. Approval of Agenda and Minutes (Minutes of June 2, 2011 meeting)
Motion
Mr. Guritzky moved to approve the minutes as written. Mr. Shores seconded the motion
that unanimously passed.
Mr. Guritzky disclosed he deals with Macoviak and Oyer Insurance, and was unsure if
he had a conflict.
After questioning by Attorney Cherof, it was determined under the regulations of the City
Code, Section 2.2.1.1. and subsequent sections, a voting conflict did not exist and he
was required to vote in the proceeding.
D. Old Business
None.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
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 (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.
Attorney Cherof administered the oath to all those intending to testify.
Andrew Mack, Interim Building Official/Engineer, reviewed a memo he issued to the
Chair. The project started in November 2009. The applicant submitted for building
permits, and a permit was issued in February 2010. The project commenced and
inspections were ongoing. In November 2010, the project came to a stop. The building
permits had almost expired again. An interior inspection for framing or bracing was
approved with exception, which extended the permit another six months. Since the last
inspection on April 26, 2011, there has been no activity at the site.
Mr. Mack's involvement with the project started when the City Manager inquired about
the status of the permits and condition of the building. He advised the City Manager the
permit was active and would expire on October 24, 2011. Staff would continue to
monitor the project and on expiration of the permit, Mr. Mack would review the condition
of the site and take appropriate action. On expiration, Mr. Mack examined the site.
Photographs contained in the meeting backup reflected the existing condition and some
of his concerns. His main concern was the stucco on the exterior of the building, which
was being salvaged by the applicant. Because of its exposure to the elements, there
was a lot of potential for a hurricane to tear off the stucco siding making it a projectile.
Mr. Mack met with Mr. Oyer last Thursday and reviewed his concerns and Mr. Oyer's
options. Mr. Mack's original correspondence recommended demolishing the building, or
reinstating the permits by making application for a new permit, paying the fine, and
completing the project. When Mr. Mack submitted his original letter to Mr. Oyer on
November 15, 2011, 21 days was given to comply with the Order or appeal Mr. Mack's
decision to the Board. Mr. Oyer opted to appeal and submitted a letter to this effect on
December 2,2011. The required application was submitted on December 7,2011.
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Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Attorney Cherof inquired if Mr. Oyer was familiar with or had a copy of the photographs
submitted to the Board by Mr. Mack. Mr. Oyer confirmed he was and he was further
advised he had the right to question Mr. Mack regarding his testimony or any of the
documents he submitted to the Board.
Mr. Mack explained the original permit was to salvage a deteriorated building. There
was previous contact with the owner prior to the application's approval by the City. Mr.
Mack believed the intent of the applicant was to save the fagade of the building, and
have it designated in the future as a historic structure. When the project was complete,
the structure would have a stucco fagade and a brand new interior. The building was a
shell building, having only the two sides and front fagade. There was no roof and the
interior was gutted. The new permit was to meet the 2007 Building Code and to keep
the project alive.
Chair Bessell requested clarification. The last page from the packet from Mr. Oyer had
three options but he did not see the third option. It was clarified the appeal was based
on the first two options.
Harvey Oyer, III, Managing Member, 417 East Ocean Avenue, LLC, explained the
corporation was an entity owned by Mr. Oyer and his two sisters. Of the two sisters,
Christian Macoviak was present. Mr. Oyer testified the building was constructed in
1925 by Mr. Oyer's grandfather and was in the family 87 years.
In 1996, the City paid for a historic survey and the building was identified for
consideration as a historic building in the future. Mr. Oyer pointed out the building was
occupied continuously until three hurricanes in 2004 and 2005 caused damage to the
building, affecting the roof and floors, largely destroying the structure.
Mr. Oyer had little knowledge that the building was a project of his father, who had
begun selective demolition and restoration of the building. Last December, Mr. Oyer's
father died, and in January, Mr. Oyer met with staff from Development, Building, Fire,
and others in a series of three meetings to determine what to do with the different
buildings he and his sisters would own. With the exception of the subject building, all
the buildings were restored and occupied.
Mr. Oyer pointed out he restored many buildings in the City, but the subject building was
problematic. There was a construction loan issued to Mr. Oyer's father on which draws
were made. Contractors had construction liens and there was no tenant or use in sight,
hence the need for the meetings. The initial discussions centered on whether there
were any incentive programs the Community Redevelopment Agency, (CRA), could
provide, and when the Historic Preservation Ordinance would be enacted. Under the
Ordinance, the structure, if designated, could qualify for an ad valorem tax exemption,
exempting the costs for the building improvements from City and County taxes for 10
years. He noted the exemption made a material difference, and CRA Fagade
Improvement and Sign grants would make the project viable.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Mr. Oyer had been told the Historic Preservation Ordinance was about to be passed, a
Historic Preservation Board would be created, a Historic Preservation Planner would be
hired and the City would apply for a Certified Local Government (CLG) status and enter
into an interlocal agreement with the County for the Historic Tax Abatement Program.
Mr. Oyer waited for these actions to occur, which they did, with the exception of the
CLG status and interlocal agreement with the County. Mr. Oyer indicated this situation
occurred because the City asked them to wait. Part of it was to get the issue under
control.
Mr. Oyer explained he was eventually made Personal Representative of his father's
estate, and it was only until April of 2011 that he was in a position to do anything. Mr.
Oyer engaged the architectural firm of Glidden, Spina Partners to see what they could
do for the building. In an effort to begin to advertise, they also engaged W. G. Compass,
a commercial brokerage firm to list the building for lease and for sale so they could find
a tenant or a buyer.
Mr. Oyer clarified the family was trying to do something with the property. He
commented from the building permit, three inspections and "CO" history, there was an
ongoing project that was interrupted by the death of his father. He pointed out the
photographs he provided to the Board reflected installation of new concrete footers with
hurricane strapping, new studs, interior bracing, exterior bracing, all of which had
passed inspection and there was some expense and effort made. Additional work was
done in August of last year, and the contractor, Gregory Bowser, completed the work
and told him to call for an inspection, which was not done. The oversight was realized
the day after the permit expired. The contractor called for the inspection and was told
the permit had closed and an inspection would not be made. Mr. Oyer understood
customarily, a grace period was given, and as a professional courtesy, when a permit
expired, personnel from the Building Department calls to advise the permit expired.
Mr. Oyer explained there was a series of conversations that occurred over the years.
The CRA was interested in purchasing the property but Mr. Oyer's father did not want to
sell. Mr. Oyer testified the previous and current Community Redevelopment Agency
Director called him on multiple occasions requesting he speak with his father to sell this
property and the property they owned at 512 and 516 N. Seacrest Avenue. Mr. Oyer
had always responded it was unlikely his father would be interested in any transactions
as his father was interested in restoring the building.
After death, the conversations resumed with Vivian Brooks, the CRA Director and
culminated during the same time period the demolition order was issued. Mr. Oyer had
a telephone conversation with Ms. Brooks in October seeking to trade property adjacent
to the Oyer family home on Seacrest in return for the subject property. This followed
earlier calls from her and a City Commissioner requesting Mr. Oyer tear down the
building. Mr. Oyer responded they were open to the idea of tearing it down, they did not
have any prospects for what they were going to do with it and the CRA requested they
sod the property, irrigate it, and allow Art in Public Places to be installed on it. Mr. Oyer
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
had indicated they were receptive to that idea but as it sounded like a public purpose,
the CRA should share in the cost of it. Ms. Brooks responded they would not share in
the cost and if it was not done, the CRA would require the building be torn down
anyway. In October, Ms. Brooks reiterated her interest in trading the property on
Seacrest for the subject property. Mr. Oyer responded he was not interested in
swapping properties as there was a big difference in the valuation of the two properties.
If the CRA was interested in purchasing the property, they would be receptive to the
idea, but there was not an equivalent value in the two properties. Mr. Oyer advised Ms.
Brooks told him she would have the structure torn down. At 9 a.m. the next morning,
Tim Large, of the Building Department, called Mr. Oyer informing him he needed to tear
the building down and that he was instructed to contact him and advise him of such.
Mr. Oyer then shared with Mr. Large the conversation he had the night before with Ms.
Brooks. Mr. Large advised he was unaware and would get back with him. Three weeks
later, Andrew Mack attempted to contact him and they traded calls. Afterwards, Mr.
Oyer received a letter dated November 15, 2011, from Mr. Mack that indicated per the
Building Code that the structure was unsafe, constituted a fire hazard, was dangerous
to human life and in regard to its existing use, was a hazard to safety or health. The
letter gave Mr. Oyer 21 days to appeal the decision or demolish the structure.
Mr. Oyer since hired three structural engineers, one of which had worked on the project
and to which there was a letter in the information packet dated November 30, 2011.
Slider Engineering and Kimley Horn were also hired, who also visited the property. Two
fire inspectors were consulted, one of which was Herman Brice, former County Fire
Chief, and Larry Weintraub, a career firefighter and fire inspector. One inspector was
paid, the other was not. Mr. Weintraub disagreed with the decision the building was a
fire hazard. Mr. Mack agreed it did not constitute a fire hazard but the language was
within the Code that was included in the letter, and that issue was not on the table.
The structural engineers hired by Mr. Oyer agreed the structure could be a problem due
to the stucco on the exterior wall being attached to a wire mesh on the inside. The
original studding was replaced by new studding, hurricane strapped into a new footer
and more, all of which was part of the approved building permit. If there was a
windstorm, the wind could hit the interior of the wall because there was nothing holding
the stucco to the wall, other than the wire and because the wire's attachment to the
studding was insufficient, it could sail into the wind. That scenario was not accurate if
the wind hit the other side of the building. The solution was to finish the building, and put
a roof and back wall on the structure.
Mr. Oyer expressed they were frustrated by a series of issues such as waiting for the
City, waiting to be appointed as the Personal Representative of his father's estate, not
recognizing the custom of calling the contractor and extending the professional courtesy
of knowing the permit expired, and not allowing the work to be inspected.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Mr. Oyer wanted it on record that his family has worked with the community since its
existence. He has worked well with everyone in the City on various projects, the building
and planning staff, but he was frustrated with the way the issue played out. He
explained he was open and honest since the beginning, asking what he could do to
fulfill the City's vision for downtown. He was unsure if a City Commissioner was behind
the actions or the CRA Director. He requested all of them be witnesses at the appeal
and was advised Mr. Mack could not compel them to be a witness. He wanted it on
record he thought it was an abuse of public office for the City to advise they would force
him to demolish a building if he did not enter into some sort of an agreement with the
City or the CRA. He hired a court reporter and intended to forward the transcript to the
State's Attorney. He expressed his disappointment with the way the City handled the
issue by their unwillingness to send the City Administrator, Vivian Brooks, or any
witnesses he requested. He expressed his certainty the handling of the matter was
unethical, and most likely illegal.
Mr. Oyer reiterated they were open to demolishing the building, but not receptive to
putting sod, irrigation and public art on the site on the whim of the CRA Director, and
they were not willing to swap the property with another property worth a third of its value
on the whim of the CRA Director. Mr. Oyer proposed to reopen the permit they already
paid for, had three passed inspections on, and work that would have constituted a fourth
inspection, except that Mr. Oyer did not call for the inspection when the contractor
requested it be done. Had he done so, they would continue their construction.
Mr. Oyer expressed he was still in a holding pattern. The City's Historic Planner advised
Mr. Oyer that he would make a recommendation the building be historically designated.
Under local designation programs, only the exterior facades are included, and it does
not include the rear fagade, which was missing. The building qualified for the program
that would provide enough cost savings to continue with the restoration. Mr. Oyer
commented they were stuck in a rotten position and were exposed to some rotten
behavior on behalf of some City officials.
Chair Bessell commented Mr. Oyer indicated twice he was willing to tear the building
down and inquired why he did not tear it down and sod the property. He acknowledged
it was Mr. Oyer's property, but expressed he should maintain it. In response to Chair
Bessell's comment, Mr. Oyer indicated that he said he was willing to take the matter to
his sisters. The Chair inquired what the purpose of trying to save the exterior stucco
was other than the historic designation. He noted the Board was not hearing the matter
because it could receive a potential historic designation.
Mr. Oyer responded it was important to his family. The structure was built by his
grandfather and his father's first office was there. He felt it would not be healthy to the
community. He further noted the CRA owned a gaping hole of land that was fenced and
opined they had had no strategic knowledge or ability to do anything with it. He did not
think bulldozing one more time because the CRA Director wanted it was the right thing
to do. Mr. Oyer commented they would entertain it, but it was not their desire.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Chair Bessell reiterated Mr. Oyer indicated they would entertain the idea of knocking
down the building. Mr. Oyer testified he was willing to take the matter to his sisters. Mr.
Oyer explained Ms. Brooks sent a demolition quote to Mr. Oyer due to the building next
door being demolished and he called her back indicating it was a reasonable price and
they should talk about it further. The next time he heard from her, it had to do with the
land swap. The matter was never closed. He indicated he was not willing to deal with
anyone who threatens him. They would be delighted to sit at the table, discuss the
matter honestly and in good faith, and consider it. Mr. Oyer commented he had wanted
to prove that point to the Board by those parties being present, but the City Attorney
advised their presence was not required. He opined the authorities would be interested
in hearing their testimonies.
Mr. Mack clarified in September, he received an email from the City Manager requesting
an update on the status of the permits. At that point, he instructed Mr. Large to contact
Mr. Oyer to ask about his intentions with the property. Mr. Mack explained he did not
want to go through the process to deem the structure unsafe and have it torn down if
Mr. Oyer's intention was to demolish it. During conversations on January 11, 2011, and
July 28, 2011, with Mr. Oyer, he expressed they would either complete the project or
tear it down. They were having feasibility studies done to see if it was a feasible project
or if it would be better to tear it down. In September when Mr. Large contacted Mr.
Oyer, Mr. Large reported back to Mr. Mack via an email that Mr. Oyer was currently
marketing the property for sale and would continue to look for a buyer. Mr. Oyer was
also marketing the property for a tenant and would recommence with renovations upon
signing a lease with the tenant. Mr. Oyer would consider demolition of the remaining
structure if the City was willing to pay for the cost. The emails were forwarded to the
City Manager as an update and he advised he would continue to monitor the project
and when the permit expired, he would take the necessary steps to commence with the
evaluation and if it was deemed unsafe, would order it to be demolished.
Mr. Mack also pointed out an approved inspection was not necessary to obtain an
extension. An extension could be requested in writing prior to the expiration and it
would most likely be granted by the building official. Chair Bessell inquired why it was
not done since Mr. Oyer had indicated he had restored many buildings before. Mr.
Mack agreed it was one option and the permit could be extended up to 90 days.
Although they do not like to extend permits for projects that are half under construction,
they could grant as many extensions as needed. Mr. Mack clarified another option was
with the critical state of the building that needed to possibly be demolished, one would
want to keep the permits active. Mr. Mack indicated the contractor, Mr. Bowser, was in
the Building Department weekly as he does a lot of work for Mr. Oyer. Mr. Mack did not
have the exact date, but he acknowledged Mr. Bowser did come to the office and
request an extension after the permit expired, which was after the November 15, 2011,
letter was sent. At that point, Mr. Mack advised they would not extend the permit and
he had the option of appealing to the Board.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Mr. Rurey inquired if there was a timeline, if the permit was extended, when the work to
make the building safe would occur. He noted if there was a storm, there was a good
chance the building would come down if something was not done to further stabilize the
walls more than they already were. While it was safe for construction to occur, he
doubted any engineer would indicate it was safe to withstand a storm season. Mr. Oyer
responded the timeline was dictated by the City's program and they were waiting for
that because it was such a material financial difference. Mr. Oyer was ready to apply
for the permit in January and they were waiting on that, while simultaneously looking to
find a tenant or a buyer. Mr. Oyer thought the building was as stable as they could
make it. They would like to be in a position that if the City would provide the tax
abatement, they could complete the project. He noted all they had to do was install a
back wall and a roof and the problem was resolved. The interior build out could wait
until another date. Resolution was not that many months away.
Mr. Shores inquired if the project was contingent on the historic status and tax
abatement or having buyers in hand. Mr. Oyer responded they needed one of those to
occur and a CRA grant. The cost to finish the building could not be recouped in rent
without the abatement of a grant. Mr. Oyer thought restoring the building would further
the CRA's goals.
Mr. Shores pointed out the Board could only make a determination of whether to extend
the permit, not designate the building as historic as the Board had no guarantee they
would be in the same boat six to twelve months from now. Mr. Oyer suggested it be re-
evaluated in six months, which would be prior to hurricane season. It was not an
imminent threat. He requested the City reopen the permit, call for the extension and
close the shell of the building which may be affordable on its own.
Mr. Guritzky sought confirmation Mr. Oyer could close the building and add a roof
without the credits. Mr. Oyer responded they could not. The procedure called for the
architectural plans to be approved before the work commenced and the plans had to be
approved by the City and County Commissions before the exemption was granted.
Chair Bessell noted the artist rendering does not reflect the existing walls were still
there. The building could be duplicated even if demolished. Mr. Oyer agreed, but
replications do not qualify for grants and the walls would not be the original building
wall. Chair Bessell reiterated the Board's decision was not based on the historic
designation. Mr. Oyer agreed, but opined it colored the story and he was explaining how
they got to this point.
Mr. Mack commented demolition was not an expedient procedure. He was seeking to
ensure that by June 1 st, the building was completed or made safe. His main objective
was to ensure the safety of the citizens. In order to make the building safe, it would
have to either be demolished or the drawings contained in the packet be completed.
There were also openings reflected in the meeting materials that were not completed
which would also have to be made safe. Mr. Oyer did not know if he could accomplish
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Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
this prior to hurricane season. Mr. Mack testified if not completed by June 1 st, the
structure, in its current state, would not withstand a storm and would cause windborne
debris.
Chair Bessell explained in order for Mr. Oyer to construct the building, he would have to
finance it himself, turn in drawings that were approved, get the construction underway
and renew the permit. He noted Mr. Oyer was waiting for other monies which would
prevent him from having the work done by June 1 st.
Mr. Oyer commented they do have approved drawings and he clarified they do not have
enough money to finance the entire build-out without some incentive package, but
probably do have the money to enclose the building, which is the part relevant to the
Board. This was the shell and building envelope.
Mr. Boggess commented about making the three walls safe with lateral bracing, but
expressed his concern about the stucco/wire lathe detaching. He thought lateral bracing
would stiffen it. Completing the building envelope and making it secure was an option.
It was a timing issue.
Mr. Guritzky requested clarification whether Mr. Oyer needed the funds to address the
building envelope. Mr. Oyer responded they needed the credits to complete the entire
build-out including interior renovations. The discussion was to close the building
envelope, which they do have the budget to do. He indicated they would lose the
abatement for the exterior of the building, but would only get the abatement for the
interior renovations, and they would not be able to take full advantage of the program.
Regarding the work already done, they would not qualify for the historic credits, after the
fact.
The plans submitted were for the shell structure. The permit expired by one day, there
were no approved inspections, and nothing happened.
Mr. Oyer had work done in August, but he did not call for the inspection. Ms. Agee
inquired if there was any liability for the work done, prior to the permit expiration but not
inspected. Chair Bessell clarified administrative fees to reactivate or renew the permit
would be handled by the Building Department. The permit was expired because he did
not have an approved inspection for 180 days or request an extension.
Mr. Mack explained the first extension fee is $50. The permit was for the shell only. The
completion of the shell could be accomplished without incentives.
Gregory Bowser, of Gregory Bowser Construction Services, when asked how much
time he would need to enclose the building, testified he would take the entire six
months, but could do it within five months. Mr. Bowser questioned why complete the
shell if they could obtain an engineer to get additional shoring.
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Chair Bessell commented he was not convinced there was a valid reason to overturn
the Building Officials decision. Mr. Bowser's testified he could complete the work in four
months.
Mr. Oyer inquired if they completed the work prior to June, how it would not accomplish
the Board's objective. Chair Bessell explained if they overturned the Building Official's
decision, he wanted a guarantee it would be done, otherwise the motion will include
demolition. He was not in favor of completing the work at the end of the permit time.
Four months would bring the completion date to May 19th.
Mr. Oyer reiterated for the record that he did not have an opportunity to examine the
witnesses that he thought had relevant information to this proceeding and he reserved
the right to appeal it.
Attorney Cherof explained there were two matters. One was the extension of the permit
and the other was the Building Official's determination that it was an unsafe structure
and it was suitable for demolition.
Mr. Mack could not definitely say the building could be finished and made safe prior to
hurricane season. There had not been progress and there were too many variables.
Chair Bessell asked if the trusses were ordered. Mr. Bowser testified they were not on
site. The beams that support the trusses were on site. The next stage was to order the
steel posts that hold up the beams and the trusses were in the process of being ordered
when they had to stop. Mr. Bowser estimated it could take two weeks to get the trusses.
Mr. Boggess asked if the intent, if the permit was active, was to commence work
immediately and enclose the building or if the process would linger 120 days or longer
before work commenced. Mr. Oyer indicated it was to commence immediately.
Ms. Agee inquired if Mr. Oyer could accept if the Board added to the motion that the
building envelope had to be completed by May 19 and the alternative was demolition.
Mr. Oyer responded he would like to accept it, but his concern was they could put more
money into the project and if it was not done, then they wasted a lot more money.
Chair Bessell did not like the May 19 date, because if not done, 90 days due process
would be in August and September. Mr. Mack also noted if the permit was extended,
there was six months from the date the permit was reinstated that the City could not do
anything.
Chair Bessell recommended an extension with a time frame. Attorney Cherof disagreed
and explained the issue before the Board is whether to extend the permit. If so, the
applicant enjoys all of the benefits of a permit that traditionally exists under the Code. A
time extension could not be added.
10
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Motion
Mr. Boggess moved to extend the building permit. Ms. Agee seconded the motion. A
roll call vote was taken. The motion passed 5-1 (Chair Bessell dissenting.)
There was discussion the issue of whether the building was unsafe remained. Attorney
Cherof explained Mr. Oyer had appealed the determination the structure was unsafe,
and it was a stand alone issue.
Discussion followed about the safety of the building. Mr. Oyer relied on the information
in the engineer's letter submitted into evidence. His understanding was because it was
a construction project in progress and they have an approved plan to enclose it, have a
contractor, architecture and engineer, and the permit was extended, it was not unsafe.
It was a project under construction.
Attorney Cherof recommended the Board table the portion of the appeal that deals with
the Building Official's finding that it was an unsafe structure. The current request, just
approved was to extend the permit to August 12, 2012.
Mr. Guritzky inquired if nothing occurred within the next 60 to 90 days why they cannot
take it down. Attorney Cherof explained there was an appeal pending the Building
Official's finding that the structure was unsafe. He recommended tabling the appeal
matter to a date certain and revisit it at that point.
Motion
Mr. Boggess moved to table the matter for 60 days. Mr. Shores seconded the motion.
Mr. Mack explained Mr. Oyer could start construction immediately. As soon as he
obtained an inspection, the permit was good for six months. Mr. Mack also explained if
the project had a valid permit, he could not demolish a building if it was under
construction.
Attorney Cherof explained the applicant has a valid permit but he would need an
inspection. By tabling the matter, Mr. Oyer would be afforded time to act on his permit,
get his contractor in and call for an inspection to determine if they could secure the
unsafe structure.
Mr. Oyer inquired if they could not enclose the envelope within the 60 days, even
though they would have acted in good faith, whether the Board could deem the project
unsafe. Attorney Cherof could not speculate, but pointed out when it returned to the
Board after being tabled, the Board could resume the hearing with respect to the
building being an unsafe structure and Mr. Oyer could offer additional testimony on the
structure. Mr. Oyer was not comfortable with that suggestion.
11
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida
January 19, 2012
Mr. Oyer explained he was only requesting to go back to the way it was, had he called
for an inspection. He requested being restored to their original position.
Chair Bessell recommended extending the date for unsafe conditions in with the motion
extending the permit to August 1,2012.
Motion
Mr. Boggess so moved. Ms. Agee seconded the motion. The Recording Secretary
called the roll The motion passed 5-1 (Chair Bessell dissenting.)
F. Announcements
None.
Motion
Mr. Guritzky moved to adjourn. Mr. Shores seconded the motion that unanimously
passed. The meeting was adjourned at 7:44 p.m.
t )
I,_~ Ctlli.{ U/)/L~ ;,-~/IG..!ljGl;
r
I'
V
Catherine Cherry
Recording Secretary
012412
12
City of Boynton Beach
Department of Development
Building Division
BUILDING BOARD OF ADJUSTMENT AND APPEALS APPUCA TION
Submittal Deadline: 30 days after decision is rendered by the Building Division
Please print or type Submittal Date:
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:
Seclion(s) 10 be appealed: Th c tJ 6, dU1,j 6 r; f (r~J o6oDC(J 1, /3
Property involved is described as follows: Lot(s) 0 1 1. , Block oD7
Subdivision fo (e~4 PIA ck- , Plat Book . 6 I Page
or otherwise described as follows: )
Property Address: 13/41 So0/L" SeqCJcs! JEll./:!
NameandAddreSSOfOwner:J)a.f)~d rsJennlJ/' /319 Jc)&.;.J.l] SfrJcrtLr-.
e /vd )&yn'tlJV) Ztu u~ ,pL. 31l.J3(
Name of Applicant: .J)4-u ~ J)(J1I7).f /
Applicant's Phone Number: S 6/""74J -'7 S /4
~
THE NOTICE OF APPEALS SHALL CONTAIN:
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 the Building Board of Adjustment and Appeals.
3. The notice of appea~ 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.
100 East Boynton Beach Blvd, PO Box 310, Boynton Beach FL 33425-D310 Phone: (561)742-6350 Fax: (561)742-6357
S:\DevelopmentlBuildinglForms& Templateslln-HouselBuiJding Board of Adjustment and Appeals Application (4193,7195,10195,2/04)
, Tp:
Board of Adjustment
From:
David Dennis
Date:
March 20, 2012
Re:
Permit Number - 0600003134
Dear City of Boynton Beach Board of Adjustment,
i am humbly requesting an appeal of the voiding of permit 0600003134. This permit is for windows and
doors for my home at 1314 South Sea crest Blvd. Since moving into the house in 19911 have strived to
maintain it to the highest standards within my means. I have replaced the roof, put in new grass and
plants and painted (it's due for another paint job now). On the interior I have tifed the entire Inside of
the house and repainted.
were $400.
Permit 0600003134 is the permit that
allows me to increase the square
footage of my house by the amount of
the patio space. The permit is fur new
doors and windows. I purchased the
hurricane rated doors for over $5000.
The permit cost was $1,104.22. The
engineering plans were $255, The
foundation work was $250, The soil
treatment was $250 , The window
rough was $250, The rental equipment
was $23.30, The concrete was $301.67,
The elevation certificate was $175, and
The Manual J Summer Calculations
Due to financial issues in 2010 and 20111 was unable to purchase the Windows needed to move the
project forward. I received a quote for the windows for $463.90, however my financial position at the
time did not allow for this expense. It's not a lot of money for me today as my financial position has
improved however at the time my financial position was dire. I was in danger of losing my home,
however I eventually qualified for the HAMP program and my mortgage rate was reduced. Various times
during 2010 and 2011, I was primarily financially and physically responsible for the well being of my 4
children as r was the only one with an Income. My automobile loan was chronically so late that I almost
lost my transportation. Things were so bad that at one time I was without electrical service for over :3
months (FPl can verify). During that time I used a generator to survive. Thankfully, the children were
with their mother during this period. one point the Department Revenue put a lien on my bank
account as my account with them was in arrears. They were enough to set up a
which r honored to bring my account current.
It seem this period that I was to my home and my transportation as my business
revenue declined, however things did turn around. They did not turn around in time me to finish the
patiO project as the permit was voided.
I respectfully ask. you to please unvold the permit as to me to compJete the project. There is no
way that I will able to start over financially. I do not have the over $10,000 to
$15,000 that it would take In environment to this project over. This improvement to my
home value and the of the other homes In neighborhood. I have lived in Boynton
Beach since 1978 and in this house since I am a term resident that believes In Boynton Beach
and the community. I take great pride in the appearance my home. I invested a of <<sweat
equity" "financial was unavailable. finances improved to the point that I can pay
for remaining work in a timely It will the vendor about 8 to deliver the
windows. I am requesting enough time for me to the installed and
along with the electrical.
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1/30/2008 21456
DAVID DENNIS
1314 S. SEACREST BLVD.
BOYNTON BEACH. FL 33435
98-01-029
PAID
DE~'}..1JS
1
ELEVATION CERTIFICATE
175.00
175.00
i"1 'Ii ~.'
PAID CREDIT CARD. THANK YOU[
$175.00
"WARNING TO OWNER: YOUR FAILURE TO RECORD A CITY OF BOYNTON BEACH
I~OTICE OF COMMENCEMENT MAY RESULT IN YOUR BUILDING DIVISION
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY, A NOTICE OF COMMENCEMENT
Mr ':BE RECORDED AND POSTED ON THE JOB SITE BEFOREJHE FIRST INSPECTION, IF
Y9y~ ~N1E~D TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY "
13EF~f{f~R~CORDING YOUR NOTICE OF COMMENCEMENT," Date Applied: .,t/24/00
II IN ADDITION TO THE REQUIREMENTS OF THIS PE~~~rR~ MAY BE ADDmONAl RESTRICTIONS APPLICABLE Prepared By: CUE TGE
. TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY AND THERE MAY
'BE AoomONAl PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENmlES SUCH AS WATER MANAGEMENT Date Issued: 3". j, () /0 a
DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES.
"rmit Type: P 1: (II :/. ;:;' :1i:H .~~) i:111A no Permit No.: 01.\ 00003:/. 8J~
iILIJING PERMIT
ISPECTIONS ARE REQUIRED: SEE BACK OF PERMIT CARD FOR REQUIRED INSPECTION.
City Range Twnshp. Section Sub Dvsn. Block Lot Plat/Book/Page
,)i:i -1:.;' 4 ,,- ~~I.:i U:i 007 o 1 ~,?O
',...)
.
)roperty Address Zoning Reviewed by
i ::~";'1,.~ &.:;. BEI'~CREHT RI,.Va !./R8
'.1
,ubdivision Name Legal Address
.
CE.r<n Rrll. F',"tRI( I"tNNE X-'f.iCi'O'rrON 1.."(
)wner's Name/Address/Telephone Contractor's Name/ Address/License/Telephone
:~r:.NNT~3 O{.~IJ '(: 0 OENN:f.S f.h~VlfJ
i .:1 1. ...~ ::i sr:lf.1C'RE:HT f.k.V 1~H4 fi SEACRESr I:~L.V
:":() \ ' 'TON f~r"!.IC/'1 rL :::t~;'4~~5 E/!:1YNTON 8Ef.\CH FL ~i134::1S
.
\dditional Description General/ Architect/Engineer
;~.nIN(:: OGGi'~~3 :1 (.f:f.NOUWf3 ['U PA1"J:O
'.,'(
Construction BFE FFE FLZ
.
f .~
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Occupancy Sq.Ft. Valuation Improvements
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Any. change in building plans or specifications must be recorded with this office. Any work nol c::o"ered above, must. have a valid permit prior to lltarting. in .conllideratlon
., ". _ ___ _,,_ _ _, 'k'_ M'~" f"~ n'''~A' anri ""HriAr AnrA" to erect this structure In full compliance with the Building and Zoning Codes 01 \119 C\\y 01 'ao'Yn'lon ~,
ABC RENTALS
(305) 403-1947 Dade
1(54) 3}8-1947 Broward
51) 739-9888 Palm Beach
Invoice Number
34713
RENTAL AGREEMENT
Date Out
6/4/2009
Mailing Address: 40 I E. Boynton Beach Blvd
Boynton Beach, Fl33435
OPEN CONTRACT
Deliver to
White, Christopher
2008 Belmont PI. Apt. 2008
Boyn. Bch., Fl. 33435
853-8852
REP
MPP
P.O number Due Date Time Due
6/12/2009 BEFORE 400PM
ITEM DESCRIPTION QUANT... RATE AMOUNT
Stone3 Concrete Vibrator 2HP, Elec QD 20.00 20.00T
Part#: 23584 Ser# XI63879
0 Rental protection 10.00% 2.00
No refunds on rentals store credit only
Subtotal $22.00
I have read and understand the tenus and conditions on both sides of this agreement
AND CERITIFY THAT THOSE PRINTED ON THE OTHER SIDE ARE AGREED Sales Tax (6.5%) $1.30
TO AS IF PRINTED ABOVE MY SIGNA TURB, There are NO oral or other
representations not included herein. I have received a copy of this agreement.
Total Amount Due $23.30
SIgnature
ABCRENTALEQUIPMENT.COM
Print Name
Hours Out
~USTOMER IS FULLY FAMILIAR WITH THIS OPERATION AND USE.
'ess:
1 :314 ~ ~cAC~c~ I
Building Division
EXHIBIT A
PER TKL (ESC)
2009 1:40:56 PM weixlerg.
ER & PAYMENT FOR 2ND
3:09:07 PM longe.
G DAY EXT.
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'ess:
1 :314 ~ ~cAC~c~ I
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'ess:
1 :314 ~ ~cAC~c~ I
PM byb2kme.
TO FEC 4TH PERMIT EXTENTION
TO TIME LIMITS & NO
WILL
PER
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1 :314 ~ ~cAC~c~ I
TKL
FOR BOARD OF ADJUSTMENT &
CAROLYN'S DESK UNTIL
****
2012 5:00:51 PM byb2col.
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