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MINUTES OF A MEETING

OF THE BOARD OF ADJUSTMENT

CITY OF DEERFIELD BEACH, FLORIDA

September 8, 2005

CALL TO ORDER AND ROLL CALL

 

A regular meeting of the Board of Adjustment of the City of Deerfield Beach, a

Municipal Corporation of Florida was called to order on the above date at 7:05 p.m.

by, Shelia Pascar, Acting Chairwoman.  Roll Call showed:

 

Present:            Shelia Pascar, Acting Chairwoman

G. Kiley DeHaven

Clare Sheridan

Leonard Giannino, Alternate

 

Also Present:    Marcia Stevens, Senior Planner

                        Maggie Barszewski, Planner

Charles J. Seaman, Assistant City Attorney

Vernadette Fuller, Minutes Secretary

                        Deborah Tuitiunna, Prestige Reporting Service

 

Absent: Helen Summers, Chairwoman

Gail Battle, Vice Chairwoman

Jerry Ferguson, Planning and Growth Management Director

                       

SEATING OF ALTERNATES

 

Mr. Giannino was seated to serve at tonight’s meeting.

 

APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING

 

Acting Chairwoman Pascar requested either approval or corrections to the minutes of the Board of Adjustment meeting of, June 23, 2005.

 

Motion was made by, Mr. Giannino, and seconded by, Ms. DeHaven, to approve the minutes of June 23, 2005 as submitted. The motion CARRIED unanimously.

 

SWEARING IN APPLICANTS AND PUBLIC

 

Mr. Seaman swore in all those who would be testifying at the public hearing.

 

 

 

 

 

 

 

Board of Adjustment Minutes

Page 2      

September 8, 2005

 

PUBLIC HEARING

CASE NO. 2013

 

A public hearing was held in Case no. 2013, Susanna Singh, seeking a VARIANCE from the provisions of Section 98-75(1)(b) of the Deerfield Beach Land Development Code in order to allow a fence to be located 1 foot from the street side (corner) property line rather than 15 feet as required by Code.  The property is described as Lot 20, Block G of RIVERGLEN EAST, located at 710 N.W. 41st Way.

 

Ms. Stevens read the appeal for the application and reported 47 letters were mailed, 0 was returned undeliverable. No letters of objection were received.

 

Susanna Singh, 710 N.W. 41st Way, stated she spoke with members of her homeowner’s association and they are requesting a 2-foot setback. People are able to see into her backyard and she would like to put in a privacy fence.  She has as autistic son and this requires a safe and secure environment. Because of her son’s disability, it was suggested she put in an above ground pool, swing set and trampoline and her son would be able to exercise at home. People complained about the hammock, shed and other items she had in her back yard. A tree was removed and this gives people the ability to see into her home also. She would like to add on to her house and build a therapy room for her son.

 

Acting Chairwoman Pascar asked what the distance from the sidewalk to the trees is.

 

Ms. Singh replied the trees are 4 feet in from the sidewalk and 2 feet from the round area.

 

Acting Chairwoman Pascar asked if the fence is around the back and side of the yard.

 

Ms. Singh replied yes and it would be a white panel vinyl fence.

 

Acting Chairwoman Pascar said the homeowners association wants the fence to be 2 feet from the street.

 

Ms. Singh replied that is correct.

 

Ms. Stevens advised the advertisement for the case states, “in order to allow a fence to be 1 foot from the street (corner) property line.”

 

Mr. Giannino pointed out that if the fence wasn’t moved and was only changed, it seems she would have enough space for a pool.

 

 

Board of Adjustment Minutes

Page 3      

September 8, 2005

 

Acting Chairwoman Pascar did not feel there would be enough space.

 

Ms. Sheridan noted there has to be a hardship with the property in order for the Board to approve a variance.

 

Mr. Giannino agreed with Ms. Sheridan’s statement.

 

Ms. Singh said her neighbors have moved their fence to put in pools.

 

Acting Chairwoman Pascar said there are problems with corner lots and homeowners are not able to utilize their property to the fullest.

 

Ms. Singh said they don’t have enough room in the back or on the side because of the trees.

 

Ms. DeHaven agreed allowances are different for those who live on a corner lot.

 

Ms. Sheridan asked if the trees are within the existing fence.

 

Ms. Singh replied the trees in the back are but the one on the side is on the outside.

 

Ms. DeHaven pointed out they should only be concerned about the one side. She then asked where the fence has to be located according to the Code.

 

Ms. Sheridan replied 15 feet and there doesn’t seem to be an issue with having enough room and there is no problem with visibility. However, the house is located on one side of the property.

 

Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward.

 

Mr. Giannino, made a motion, seconded by, Ms. DeHaven, to close the public hearing.  The motion CARRIED unanimously.

 

Ms. DeHaven, made a motion, seconded by, Ms. Sheridan to approve Case No.  2013.  The motion CARRIED unanimously.

 

 

 

 

 

 

Board of Adjustment Minutes

Page 4      

September 8, 2005

 

PUBLIC HEARING

CASE NO. 2014

 

A public hearing was held in Case No. 2014, Albert Small, by Toney Small, seeking a VARIANCE from the provisions of Section 98-61 of the Deerfield Beach Land Development Code in order to allow a single-family home addition to be located 17.5

feet from the corner property line rather than 25 feet as required by Code. The property is described as Lot 5, Block 2 of ARCH ESTATES, located at 1490 S.W. 8th Terrace.

 

Ms. Barszewski read the appeal for the application and reported 32 letters were mailed, 0 was returned undeliverable. No letters of objection were received.

 

Toney Small, 1490 S.W. 8th Terrace, stated they would like to add a room on the back corner lot and the side of the house faces S.W. 15th Street. When the City changed the plat 10 feet of their setback was taken away and they would like to be in line with the existing house. He also pointed out they were grandfathered in.

 

Ms. Stevens noted the existing is 17.5 feet from the corner property line and the variance would enable them to be in line within the existing line of the house.

 

In answer to Ms. Sheridan, Mr. Small replied their backyard is east of the existing structure.

 

Acting Chairwoman Pascar stated he wants to stay within the existing line of the house.

 

Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward.

 

Ms. Sheridan, made a motion, seconded by, Mr. Giannino, to close the public hearing.  The motion CARRIED unanimously.

 

Ms. Sheridan, made a motion, seconded by, Ms. Mr. Giannino to approve Case No.  2014.  The motion CARRIED unanimously.

 

PUBLIC HEARING

CASE NO. 2015

 

A public hearing was held in Case No. 2015, Eric Tigner seeking a VARIANCE from the provisions of Section 98-52A(j) of the Deerfield Beach Land Development Code in order to allow a single-family home to be located 10-feet from the street side (corner) property line rather that 25 feet as required by Code. The property is described as Lot 11, Block 10 of CARVE HEIGHTS, located at 184 S.W. 5th Court.

Board of Adjustment Minutes

Page 5      

September 8, 2005

 

Ms. Stevens read the appeal for the application and reported 39 letters were mailed, 1 was returned undeliverable. No letters of objection were received. This is vacant property and a couple of years ago a new zoning district was implemented along Dixie Highway called Dixie Business Residential.  The goal was to allow residential and commercial uses to be mixed together. This property was originally zoned RS-7, is a small lot, and had a 15-foot corner side setback. Now the property is part of the Dixie Business Residential District and the setback is 25 feet on a 50-foot lot.

 

Eric Tigner, 184 S.W. 5th Court, stated they would they would like to build a home under the RS-7 zoning which allows a 15-foot setback. He is requesting a variance to have a 10-foot setback and there is a 15-foot swale totaling 25 feet. They are building a basic single family home with a 40-foot setback in the front of the home. All four corners of the properties across the street are zoned RS-7.

 

Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward.

 

Mr. Giannino, made a motion, seconded by, Ms. DeHaven, to close the public hearing.  The motion CARRIED unanimously.

 

Mr. Giannino, made a motion, seconded by, Ms. Sheridan to approve Case No.  2015.  The motion CARRIED unanimously.

 

PUBLIC HEARING

CASE NO. 2016

 

A public hearing was held in Case No. 2016, Terrence Whalen, seeking the following 2 VARIANCES from the provisions of the Deerfield Beach Land Development Code: 1). From Section 98-95(b) in order to allow a driveway to be located 13 feet from the intersection of corner lot lines extended rather than 25 feet; and 2) from Section 98-75(1)(b) in order to allow a fence to be located 5 feet from the street side (corner) property line rather than 15 feet are required by Code. The property is described as Lot 11, Block 5, CORAL MANOR FORTH ADDITION, located at 320 S.E. 3rd Street.

 

Ms. Barszewski read the appeal for the application and reported 44 letters were mailed, 4 was returned undeliverable. No letters of objection were received.

 

Terrence Whalen, 320 S.E. 3rd Street, stated that the center of the driveway is where the setback begins and they are requesting a variance to move and extend it to the west. They are also requesting a variance to allow their fence to have a 5-foot setback instead of 15 feet.

 

Board of Adjustment Minutes

Page 6      

September 8, 2005

 

Ms. Sheridan asked if there is an existing fence.

 

Mr. Whalen replied yes, a chain link fence.

 

Ms. Stevens pointed out the 25-foot setback from the intersection corner is in the visibility site triangle.

 

Acting Chairwoman Pascar asked if the existing area is grassy.

 

Mr. Whalen replied yes and there is an asphalt, single car driveway.

 

Ms. Sheridan wanted to know how large the swale is.

 

Mr. Whalen replied he doesn’t know the exact size but it is large.

 

Acting Chairwoman Pascar noted there are 25 feet from the swale and the sidewalk plus 5 feet of brick pavers.

 

Ms. Sheridan asked if there is a sidewalk or light on the corner.

 

Mr. Whalen replied no.

 

Ms. DeHaven asked what the height of the fence is.

 

Mr. Whalen replied 6 feet and he wants to set the fence back because of the visibility.

 

Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward.

 

Acting Chairwoman Pascar said the fence would not block anyone’s view and if there is any obstruction it would be from the corner of the house.

 

Ms. DeHaven noted that the position of the house is a hardship.

 

Mr. Giannino, made a motion, seconded by, Ms. Sheridan, to close the public hearing.  The motion CARRIED unanimously.

 

Ms. DeHaven, made a motion, seconded by, Ms. Sheridan to approve Case No.  2016.  The motion CARRIED unanimously.

 

 

 

Board of Adjustment Minutes

Page 7      

September 8, 2005

 

PUBLIC HEARING

CASE NO. 2017

 

A public hearing was held in Case No. 2017, Robert Lemoine, seeking the following 3 VARIANCES from the provisions of the Deerfield Beach Land Development Code:

1) from Section 98-73(2)(b)(1) to allow a swimming pool to be located 5 feet from the front property line rather than 25 feet; 2) from Section 98-73(3) to allow decking to be located 5 feet from the front property line rather than 25 feet; and 3) from Section 98-75(1)(a) to allow a fence to be located 3.5 feet from the front property one rather than 25 feet as required by Code. The property is described as Lot 12, Block 23, THE COVE 3RD SECTION, located at 1230 S.E. 8th Court.

 

Ms. Stevens read the appeal for the application and reported 46 letters were mailed, 1 was returned undeliverable. No letters of objection were received. The appellant is asking to put a pool and pavers in the front of his lot located on 12th Terrace.

 

Ms. Sheridan asked what are the setbacks for this property.

 

In answer to Ms. Sheridan, Ms. Stevens replied the corner side setbacks, the fencing and the decking would be 15 feet.

 

Robert Lemoine, 1230 S.E. 8th Court, said his house sits on a corner lot and a circular driveway was put in on the side (8th Court). He would like to put an in-ground pool in the front of the house to exercise his leg that was injured several years ago. His neighbor has a pool that is almost identical from the street.

 

Acting Chairwoman Pascar noted there has to be a hardship with the land in order to grant a variance.

 

Mr. Lemoine stated there are 23 feet from the center of the road to his house not 25 feet.

The front of his house will come out to the over hang and cover the corner.

 

Acting Chairwoman Pascar asked if the pool would be centered in the middle of the front of the house.

 

Mr. Lemoine replied from the front of the house back and there are 13 feet from the edge of the road to the fence.

 

Acting Chairwoman Pascar asked what type of fence would be installed.

 

Mr. Lemoine replied a shadow box fence.

 

 

 

Board of Adjustment Minutes

Page 8      

September 8, 2005

 

In answer to Acting Chairwoman Pascar, Mr. Lemoine replied, the fence runs along the pavers and doesn’t extend out from the decking. The decking is 4.8 feet from the house and 3 feet from the pool.

 

Acting Chairwoman Pascar invited the public to speak either for or against the application. No one came forward.

 

Mr. Giannino, made a motion, seconded by, Ms. Sheridan, to close the public hearing.  The motion CARRIED unanimously.

 

Acting Chairwoman Pascar stated there are 3 feet between the pool, 3 feet of pavers and then the fence. They are not able to get the fence any closer.

 

Ms. Sheridan, made a motion, seconded by, Mr. Giannino to approve Case No.  2017.  The motion CARRIED unanimously.

 

PUBLIC HEARING

CASE NO. 2022

 

A public hearing was held in Case No. 2022, Maurice Strickland, seeking the following 2 VARIANCES from the provisions of the Deerfield Beach Land Development Code: 1) from Section 98-75(1)(c) in order to allow a residential fence to be 6-foot 11 inches in height rather than a maximum6-feet; AND 2) from Section 98-75(1)(4) in order to allow a fence to be partially constructed of glass.  Glass is not a permitted material. The property is described as Lot 14, Block 30, THE COVE 3rd SECTION, located at 1425 S.E. 7th Court.

 

Ms. Barszewski read the appeal for the application and reported 39 letters were mailed, 5 were returned undeliverable. No letters of objection were received.

 

Maurice Strickland, 1425 S.E. 7th Court, stated, he installed glass doors 3 years ago because the gates to his fence rotted away. He had an inspection to put in hurricane shutters and was told he needs to request a variance because the doors are too tall. He presented pictures of the doors and stated the doors are impact glass.  He has a letter from an engineer indicating the doors will withstand the weather and a letter from one of his neighbors stating he does not have a problem with the doors. The fence is 6 feet 11 inches and the Code states the maximum height is 6 feet.

 

Acting Chairwoman Pascar stated it is not a fence or wall but a structure to the house.

 

Board of Adjustment Minutes

Page 9      

September 8, 2005

 

Ms. Sheridan, made a motion, seconded by, Mr. Giannino, to close the public hearing.  The motion CARRIED unanimously.

 

Ms. DeHaven, made a motion, seconded by, Ms. Sheridan to approve Case No.  2022.  The motion CARRIED unanimously.

 

 

ADJOURNMENT

 

There being no further business, motion was made by, Ms. Sheridan and seconded by, Ms. DeHaven and to adjourn.

 

The meeting was adjourned at 8:26 p.m.

 

 

 

 

                                                            ____________________________

                                                            Shelia Pascar, Acting Chairwoman

                                                            Board of Adjustment