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Minutes 01-09-84MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 9, 1984 AT 7:00 P. M. PRESENT Vernon Thompson, Chairman George Ampol, Vice Chairman Robert Gordon, Secretary George Mearns Joseph Moore Paul Slavin Harold Weinberg Lillian Artis, Alternate Leo Grossbard, Alternate Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:02 P. M. He introduced the Deputy Building Official, Board Members, and Recording Secretary. Chairman Thompson recognized the presence in the audience of Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilman Nick Cassandra, and Council- man Joe deLong. MINUTES OF DECEMBER 12, 1983 Mr. Ampol moved to accept the minutes as received, seconded by Mr. Mearns. Motion carried 7-0. PUBLIC HEARING Since the full Board was present tonight, Chairman Thompson announced that the Alternates would take part in the discus- sion but would not vote. Out.of the seven members, it will take five members to approve the request. Any three will deny the request. Chairman Thompson read the six criteria on which the Board Members base their decision. Case #48 - Lot 43, Block 4, LAKE ADDITION TO BOYNTON Recorded in Plat Book 11, Page 71 Palm Beach County Records Request - Relief from 60 ft. lot frontage require- ment to be reduced to 50 ft. lot frontage and relief from 7,500 sq. ft. lot area requirement to be reduced to 6,625 sq. ft. lot area to construct single family residence Address - 729 N. E. 8th Avenue Applicant - Beverly Bottosto Secretary Gordon read the application. Chairman Thompson asked if anyone was present to represent the applicant. Beverly Bottosto, 478 Wayman Circle, West Palm Beach, Florida 33406 was asking for a variance because she is an - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 Interior Designer in Delray Beach but presently lives with her family in West Palm Beach, near Wellington, which is about a 45 minute drive. Miss Bottosto wants to build a small home for herself. Miss Bottosto informed Mr. Ampol that she is single and will move into the home herself. She confirmed Mr. Mearns' state- ment that she purchased the lot in November, 1983. In the Building Department.s plats, Mr. Slavin questioned if this lot has always been a 50 foot lot or a part of another lot. Mr. Keehr replied that it has always been a 50 foot lot. Chairman Thompson added that at least 95% or 97% of the lots were platted at 50 feet and some at 45 feet, depending on where they were located. Mr. Ampol noted that the zoning in that area was changed in June, 1975. Mr. Keehr advised that the actual R1A stayed the same, but the size of the lot etc. increased. Chairman Thompson asked if anyone wished to speak in favor of granting the variance. Bob Brown, 701 South Seacrest Boulevard, purchased a lot around and close to the same area and received a variance. In the mail, he received a notice to make a statement of whether he was for or against it, and since he is just down the street, Mr. Brown figured he would come down and speak in favor of the variance. As far as he was concerned, it will be no problem on his part. Chairman Thompson asked if anyone else wished to speak in favor of the proposed variance. There was no response. Mr. Ampol observed a drawing of the proposed home. To.him, it looked better than an empty lot. Chairman Thompson asked if anyone wanted to speak against granting the variance. Adele. Nicholar, 721 N. E. 8th Avenue, Boynton Beach, said the lot adjoins her property. There were three 50 foot lots a few years back. One was owned by one person, and two 50 foot lots were owned by another person. The man with the one 50 foot lot came in here a few years ago, said it was a hardship and that he had offered to buy some of the land from the man that owns the 100 feet and couldn't get it, so he asked for a variance. This Board said it was a hardship and asked what he could do with 50 feet, so they let him have it. Ms. Nicholar said the property owners backed down - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 because it is true, if you only have 50 feet, what can you do. She emphasized that the lot has been standing empty, and she didn't know how many times it has been sold. Nothing has ever been done. Ms. Nicholar recalled that the man showed pictures of a house he was going to build and she assumed it was done really to gain money by selling the lot. Without the variance, the man could not have sold the lot. Ms. Nicholar continued that this party perhaps bought one lot or perhaps his daughter is buying one lot, but they always felt as long as the man had the two lots, he had the amount of property to build the house without a variance. If this man now sells 50 feet of his 100 feet to Miss Bottosto and the City allows her to go ahead and build a house on 50 feet, people will then come before the Board in a short time and say, "Here I am with only 50 feet left. Now give me a variance.,, Ms. Nicholar said they will wind up with three houses where, normally, there should only have been two; in fact, really only one. Ms. Nicholar informed the Board that the first man got a variance; the second party is getting a variance, and a third party. When a party has 100 feet, Ms. Nicholar felt there was no hardship involved. The 100 feet should be used to build the house. Most of the houses there have 60, 75 or 100 feet frontage. There are very few houses with 50 feet frontage on that street. George Nicholar, 711 N. E. 8th Avenue, Boynton Beach, has a lot that measures 85x100 and felt the same as Ms. Nicholar. Where the property owners thought there was going to be one or perhaps two homes, it now looks like there will be three homes. That was his objection. Chairman Thompson determined no one else wished to speak against granting the variance. Secretary Gordon read the following correspondence addressed to Betty Boroni, City Clerk, expressing approval of the granting of the variance: 1. Letter dated January 4, 1984 from Rose Marcellino, the owner of several lots located on 7th Avenue. 2. Letter from Salvatore Gatto, owner of a piece of land located on 7th Avenue, dated January 4, 1984. 3. Letter dated January 4, 1984 from Nicholas Gatto, owner of a lot on 7th Avenue. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 4. Letter from Waldemar Pflepsen and Sue Pflepsen, owners of a piece of property on 7th Avenue. Secretary Gordon then read a letter from Daniel E. Magnus and Frances E. Magnus, dated December 28, 1983, addressed to Betty S. Boroni, City Clerk, advising the Board to deny the application. Mr. Slavin thought a letter from Eva Simond, addressed to Miss Bottosto, should also be read into the record. Secre- tary Gordon read: "At this time, I wouldn,t be interested in selling my lot, as I am hopeful I will be able to build a home on it in the near future. Thank you for your interest.,, In looking at the survey of the area, Chairman Thompson found most of the lots were 50 feet and a few were 40 some feet. The ones near U. S. 1 would come up with 60 or 65 feet. Chairman Thompson did find people owning 1-1/2 or two lots in the area, which either made it 75 or 100 foot frontage. Mr. Keehr affirmed that was correct and said the majority of the lots are 50 feet except at the end of the blocks where they have to be split up. This particular Lot 43 is the west lot of three vacant lots. Mr Mearns asked what lot Eva Simond owned that Miss Bottosto attempted to buy and Ms. Simond was not interested in sell- ing. Chairman Thompson believed it was Lot 44 (right next to it). As our most recent tax books indicate, Mr. Keehr advised that Lots 43 and 44 are owned by C. W. and Mary Fleming. However, our tax books are almost a year old now, so both of those lots could have been sold in the meantime. Chairman Thompson commented that Miss Bottosto bought Lot 43 from the Flemings in November. If an original owner wanted to build on a 50 foot lot before the new Zoning Codes came in, Mr. Slavin asked if it would be an automatic thing. Mr. Keehr answered, "Yes." Mr. Slavin determined that, in effect, .there would be two more homes built regardless. If the owner of Lots 43 and 44 presently owned those two lots, Chairman Thompson questioned whether they would be required to split them up or if they would have to own three or more lots before being required to split them up. Mr. Keehr confirmed that you have to own three or more lots and then you are forced to split them up. If the Flemings owned - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 it prior to March of 1978, two places could have been built on each lot (Lots 43 and 44). Mr. Slavin moved to grant the variance to Miss Bottosto for the following reasons: It was originally platted as 50 feet. As stated by Mr. Keehr, if the original owner wanted to build a home there, there is no way he could have been stopped regardless of the new zoning codes. There is documentary proof that an attempt was made to buy the lots or a lot owned by Eva Simond. Mr. Slavin did not think there was any subterfuge here, as an effort was made to conform to all laws and codes. Mr. Weinberg seconded the motion. At the request of Chair- man Thompson, Mrs. Ramseyer took a roll call vote: Mr. Mearns - Aye Mr. Weinberg _ Aye Mr· Ampol _ Aye Chairman Thompson - Aye Mr. Gordon - Aye Mr. Slavin -. Aye Mr. Moore _ Aye Motion carried 7-0 in favor of granting the request. Case 949 - Recreation Area designated in REPLAT OF GOLFVIEW HARBOUR ESTATES Recorded in Plat Book 46, Pages 142, 143 & 144, Palm Beach County Records Request - Relief from zoning regulations, Section ll-H, requiring 22 off-street parking spaces for the recreational area with the request that no parking spaces be required at the recreational building and pool Address - 1477 S. W. 25th Place Applicant - Norman J. Michael, President Milnor Corporation Secretary Gordon read the application and the letter from Norman J. Michael, President, Milnor Corporation, which was - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 addressed to the Chairman, Board of Adjustment, Building Department, dated November 3, 1983. Norman j. Michael, President, Milnor Corporation, 1400 S. W. 27th Avenue, Boynton Beach, FlOrida 33435, referred to his lettero As stated in their letter, Mr. Michael said they designed the subdivision to accommodate certain recreational areas. In selling these various units over the past several months, they had not been able to generate sales among the younger people having families. Therefore, they designed a small recreational building and a pool (25x40) for the pur- pose of the adults presently living and purchasing their villa and townhouse units. When they went in to aSk for a change in the recreational facilities and the recreational replat was approved, Mr. Michael told the Board Members nothing was said to them about the parking. When they went to pick up the permits, they were then told that parking was a requirement. Mr. Michael could not understand because they went in, picked up the Ordinance on parking, and could see nothing in the Ordinance. Evidently, this was not an updated version of the Ordinance, and it had nothing about requirements for recreational facilities. Mr. Michael stressed that this is not a public facility but rather a private facility. It is designed merely for those people who have bought and live in that particular subdivi- sion. Mr. Michael said they are building in that section 128 villas and townhouses. Some homeowners were present this evening, and Mr. Michael stated they are quite anxious to have this facility under construction. They were hoping the Board would grant the variance due to the fact that it is private and is not designed to have any public facilities whatsoever. Mr. Weinberg asked what the recreation building consists of. Mr. Michael answered that it is small (approximately 24x47) and will have bathrooms, facilities for both men and women, storage room, equipment room for the pool, and an enclosed area that will facilitate meetings homeowners. Mr. Ampol informed Mr and gatherings of the . . Weinberg the "enclosed area would be like an assembly room. Mr. Michael confirmed that was correct and said it is primarily designed for maybe card playing or a meeting room of the Directors. It is not made to accommodate any more than 30 or 40 people at the most. As stated in their letter, Mr. Michael said they had positioned the recreational facility to allow anybody within their subdivision to .walk to a facility. -- 6 -- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 Mr. Mearns noted paragraph (e) of Mr. Michael's letter says they intend to build a recreational building. He questioned whether Mr. Michael,s intent was based upon his getting approval to not have 22 parking spaces, Which would make more ground available for building the villas. Mr. Michaels answered, "No sir." He said the permits are ready to be picked up. They had the plans for the "rec" building approved, and the permit has been issued. The pool has already been approved by the Board of Health, and the permit is ready to be picked up. When they went to pick up the permits to start construction, Mr. Michael said that was when they were told about the parking. If they are granted the variance, Mr. Michael assured the Members that tomorrow morning the permits will be pulled. He said they have already dug the footer for the recreational building, and it is just lying there, and they cannot proceed. Mr. Ampol determined that the recreation building is strictly for the homeowners and their guests, not the public. The deed to the property was in 1975. In 1975, Mr. Slavin asked if parking spaces were needed in order to construct a recreational building. Mr. Keehr replied, "No." Mr. Slavin wanted to know when it was amended. Mr. Keehr answered that the change was in March of 1982. According to a building of that size, "X" amount of parking spaces are required, but Mr. Keehr informed Mr. Slavin it was not based on the size of the structure. It is based on the number of dwellings within a certain radius. Mr. Keehr thought Mr. Michael was correct in his statement that there was no parking required for a recreational building when he built his first one. However, he did not think Mr. Michael had the up-to-date Ordinance passed in 1982, which requires parking for a recreational building, and he did not believe Mr. Michael was familiar with that on his submittal. If Mr. Michael did away with the meeting room or card room and just had bathroom facilities, a dressing room, and storage room, Mr. Slavin wondered if he would be required to have parking spaces. Mr. Keehr answered, "No, then you would have a pool with bathrooms which would require different regulations for parking.,, Pools are another item that do require parking. Mr. Keehr said this particular site tabulated down to 22 parking spaces. Mr. Michael's other "rec" building would - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 probably even require more parking under today's new Ordi- nance. Mr. Keehr advised that Mr. Michael has no other violations and nothing else would stop him from building. Mr. Michael added that their subdivision was approved in total much earlier than when the new regulations came into effect. In fact, it was approved in the early part of 1981. He reiterated that they were unaware that the parking require- ments had changed. Not being a Public facility and being in walking distance, Mr. Michael thought there was merit in his petition before the Board. When the replat of Golfview Harbour was recorded in September of this year, Mr. Keehr told the Board it showed an area for the "rec". During that replatting, Mr. Michael was not informed of any additional parking requirements because it did not come up. Mr. Keehr added that it would not come up at that time. Mr. Ampol noted that Mr. Michael and his wife took title to the property in November of 1975. The Recording Secretary presented a survey, and Mr. Michael showed site plans to the Members. In designing the facility, Mr. Michael wanted to make it less upkeep and less of a burden on the people as far as expenses because maintenance costs get out of hand and sky- rocket. Mr. Gordon noted Mr. Michael stated this particular area is approximately 400 yards from the homeowners. That is the length of four football fields. Mr. Gordon asked if all of the homeowners could make that 400 yards. Mr. Michael clarified that the furtherest away would be 400 yards. Chairman Thompson asked about sidewalks. Mr. Michael informed him that they have walks on all public roads. On S. W. 25th Place, they are installing sidewalks. On S. W. 14th Street, there are sidewalks. As they go, Mr. Michael said they put the walks in, so the walks are there. Some of them are not in because they have not constructed those units. Mr. Slavin recalled Mr. Michael said he had dug the footings for the clubhouse. The pool area has not been touched. Mr. Slavin thought the architect could redesign the area to give him the necessary parking spaces. Mr. Michael advised that it is impossible to get 22 spaces in there. They just do - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 not have the space. The average parking space is 9x18 or 10x20, which is 200 square feet x 22 x 20. In previous recreational facilities, Mr. Michael said it has been their experience when they are built and completed and the homeowners begin to use them that after the second or third year, the activity around the recreational areas begins to drop off. The only people who use the pool and recreational facilities are guests and possibly the home- owners during the summer months and maybe a few times in the winter months. Mr. Michael really thought the relief they were seeking was justifiable when you are looking ahead two or three years from now. Also, it is not necessary when you are that close in walking distance. Mr. Michael reiterated that they are still dealing with a private facility. It is not public. With the fencing and the way it is situated in that corner, Mr. Michael emphasized that it will be private. Mr. John Bishel, 1468 S. W. 25th Place, is in the same building that Mr. Michael has his model home and sales office in. Mr. Bishel's property is directly across the street from where the pool and clubhouse is projected. When he looked at the plot Mr. Michael has in his sales room eight months ago, Mr. Bishel bought his home on the basis that the clubhouse would be there and he and his guests could use the pool. Another thing he liked about it was between 25th Place and 27th Avenue on Congress, it is completely walled. From 25th Place to 23rd Avenue, it is walled to the canal so, with the exception of 27th Avenue and 25th Avenue entering the project, those are the only two places to get into it. Mr. Bishel referred to the pool that was constructed where the townhouses are and said it is fenced in and landscaped. You can drive by it and not know it is there. Mr. Bishel was told that was what he would get when he bought the property. He referred to sidewalks which are in the pro- ject. Mr. BiShel thought the amount of people who would have to go a long distance to get to the pool was overestimated and said it was like three city blocks or three 1010 foot blocks. Mr. Bishel referred to a complex he lived in at Pompano Beach where they had no parking whatsoever. He talked about security, people getting to the pool, and said he could not see - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 any need for the parking areas and thought it would bring more problems instead of helping the area. Mr. Ampol asked if Mr. Bishel was for or against the variance. Mr. Bishel was in favor of the variance. Mr. Weinberg asked if the Board had jurisdiction to eliminate' an entire parking area. This is an entire new Ordinance, and Mr. Weinberg questioned whether the Board had the authority to do away with 22 parking spaces. He could see reducing the number of spaces to 16 or 18 but wondered if the Board had the right to do away with the entire parking area. Mr. Keehr believed the Board would have the right if they would find the applicant in line with the reasons required to grant a variance. Margaret Stafford, 1441 S. W. 26th Avenue, Boynton Beach, has a son that is in a wheelchair. He gets all over the place. Mrs. Stafford was sure they did not need the parking for all the trouble it would probably cause and hoped they could do without the parking. Bernard H. Kahn, who lives next door to Mrs. Stafford, confirmed that Mrs. Stafford has a son that is in a wheel- chair and everyone would be amazed to see how he gets around. Mrs. Stafford's son gets to the pool site with no trouble. Mr. Kahn was also in favor of Mr. Michael's request for an exception because he did not feel they need the parking space. He thought it would be an unwanted and unnecessary headache. When Mr. Kahn bought his apartment, he too was told there would be a recreation facility and a pool, and he is anxiously awaiting them so they will be open, particu- larly in light of the new construction that will be going on at Boynton's beach. Mr. Richard Drummond, 1425 S. W. 25th Avenue, Villa A, Boynton Beach, wanted to support Mr. Michael in his request. Mr. Drummond referred to kids running around in cars in Golfview Harbour and expressed that he thought this was one place where they will end up parking. He was not in favor of the parking. Other people will be coming in, parking their cars, and using the pool area. Mr. Drummond thought a short distance walk to the pool was not out of reason. Elizabeth Cook, 1468 S. W. 48th Street, Boynton Beach, lives across the street and is against the parking area. She was sure it would give them a lot of hardships. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 Mr. Joe Villari, 1425 S. W. 25th Avenue, Apt. 29-C, moved to Boynton Beach from Boca Raton and was told they would have a beautiful facility for swimming, etc. Today he was told this parking matter was presented to Mr. Michael and that it would hold up everything that was planned without Mr. Michael having known about it. Mr. Vellari definitely thought it was a long hesitation in getting the work done and wished the Board would pass the variance. Mr. Steve Argelavin, 1427 S. W. 25th Street, Apt. No. 7, Boynton Beach, felt like the rest of his neighbors. They really do not want the parking and figure they would rather have the green grass around the pool, which would be more enjoyable. In fact, Mr. Argelavin lives at the one end and would appreciate walking to the pool rather than driving. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. There was no response. Chairman Thompson asked if anyone wished to speak against the granting of the variance. There was no response. Secretary Gordon advised there were no communications. Mr. Mearns felt there had to be some reason for the adoption of this in the Code and wanted to know what the basic reasons were. Mr. Keehr had discussed it several times with the City Planner and told the Members the City's Parking Ordinance prior to this left a lot of situations out and there were no guidelines for certain occupations. Recreation facilities happened to be one. Mr. Keehr explained that recreation facilities were not a requirement of the City in condominium projects such as this until four or five years ago. A cond°- minium was built without it, and they found there were hard- ships with the Association there. Consequently, after it was adopted by Council that these condominium associations have a place to meet, Mr. Keehr said they naturally figured that they have to have a place to park. Mr. Keehr felt there was some justification when Mr. Michael spoke of homeowners not wanting parking spaces because of a nuisance factor. He could also appreciate the fact that when the initial plat was laid out, the rule given for the recreation facility did not take into account the space required or the amount of parking spaces. Mr. Keehr informed everyone that a parking space takes more than a 9x20 because it takes that and another 9x20 to back out. You actually need 45 feet by 9 feet wide for each parking space. It takes a lot of room. - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 What concerned Chairman Thompson was they were hearing from the present owners, which was a small figure compared to the overall, total population of the area. He took into consider- ation that even they too will get older. Chairman Thompson viewed several projects of this type and they all had parking areas for the same type of facility. He thought they played an important Part. Chairman Thompson again referred to sidewalks and noted one gentleman said the sidewalk was in front of his house but Chairman Thompson said it leads from the parking lot into his house, not along the street. On 25th Street, in the same area, there is a new building where there is no space for parking~ and also in the northeast corner of this project. Perhaps they will build a sidewalk, but Chairman Thompson commented that it will probably be right on the street because there certainly would not be room in the yard. Mr. Keehr advised that every pUblic right-of-way must have a sidewalk. Chairman Thompson understood that it would probably come later, after they complete the whole project. In looking over the overall picture, Chairman Thompson felt it might eliminate all parking lots. There was no question that the Board had the power to eliminate the parking lot but Chairman Thompson asked if they would be setting a precedent. Mr. Slavin asked who usually submits a replat and whether it is a developer or architect. Mr. Keehr answered that it is an engineer, who is generally guided by the owner. Mr. Slavin referred to paragraph "c" of the letter from the applicant which reads, special privilege would be conferred "No upon us by the granting of this Variance,,, and expressed that was all wrong. He did not.think there was any place in the City that has been built in the last five years that has no parking facilities. He admitted people have come in to ask for variances where they want to cut back from 6 or 7 to 5 or 4. Mr. Slavin felt this was a flagrant violation of an Ordinance or law and said Mr Michael has guidelines to go by. · Mr. Weinberg was concerned as to whether the people here tonight constituted a very small portion of the people who reside in the entire complex. He questioned what happens when a lot of these people may not be able to walk that distance and the use of their cars may become necessary. Mr. Weinberg referred to his own physical condition and said if you eliminate the parking spaces, you can eliminate the - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 possibility of somebody berg able to get to the pool for therapy, which constitutes a hardship. In the event the Board acts in favor of the variance, Mr. Mearns asked if Mr. Michael would still build the pool and the clubhouse. Mr. Michael answered, "Immediately. I will pick up the permits tomorrow morning. If you act unfavor- ably, we are not going to build it. We cannot provide 22 spaces in the land area that we have designated for this recreational facility. You do not understand. It is the people's choice." Of the 37 villas that have been sold and occupied, Mr. Michael stressed that he could have had a petition before the Board signed by 100% of those people. Mr. Slavin made a suggestion that the matter be tabled so Mr. Michael could take another look at his property and talk to his architects and engineers. He reiterated statements made by him before. Legally, Chairman Thompson said the Board could not table but had to act one way or the Other. He advised that the Members had to act on the facts before them and not try to make conditions. If Mr. Michael's request was turned down, Mr. Weinberg wondered if that would prohibit him from coming back in the future. Chairman Thompson replied, "No. In fact, he can come back for the same request." In order to get a vote, Mr. Weinberg moved to grant the variance. The motion died for lack of a second. Mr. Slavin moved that the variance not be granted, seconded by Mr. Weinberg. A roll call vote on the motion was taken by Mrs. Ramseyer: Mr. Weinberg _ Aye Mr. Ampol - Aye Chairman Thompson - Aye Mr. Gordon - Aye Mr. Slavin - Aye Mr. Moore - Aye Mr. Mearns - Aye Motion carried 7-0. The request for variance was DENIED. A RECESS WAS TAKEN AT 8:35 P. M. The meeting resumed at 8:40 P. M. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 Case #50 - Lots 16-22, WESTCHESTER HEIGHTS Recorded in Plat Book 24, Page 210 Palm Beach County Records Appeal from Administrative Decision re Seca. 6-A-3 and 4-F-2 Location - Seacrest Blvd., between S. W. 23rd and S. W. 25th Avenues, West Side Project Description - The Professional Club - 30,978 sq. ft. office building Applicant - Pyramis Development Corporation (Digby Bridges & Associates Inc. for Gordon Ripma, Agent) ' Mr. Keehr explained to the Members that this case happens to be similar to a case they heard relating to whether a swimming pool is a structure or not. What the applicant is doing is appealing the Building Department,s interpretation of a certain zoning ordinance. This one happens to deal with the height of a structure and what really represents the height. Mr. Keehr gave the Members copies of parts of the Ordinance relating to this particular appeal. In an instance where there is an exception to the height limitation, Mr Keehr said they call out these particular instances that could be overlooked such as water and cooling and fire towers, radio and television towers of a commercial nature, church spirals, domes, cupolas, flag poles, electri- cal and mechanical support systems, and similar structures. The applicant maintains that he is building a parapet wall on the top of this structure to hide a mechanical apparatus, which Mr. Keehr confirmed is a true fact. The fact that this particular parapet wall is right out to the edge of the building gives it, to the minds of the Building Department, a vision of the building being higher. It is a matter of the building being 30 feet plus 3 or 4 foot of structure to obstruct the view of the mechanical apparatus from the street. Mr. Keehr said it will look like the bui ~t_hi~h but will serve its intent ~ ~g_~s 33 or 34 · · . . ~ u~uc~ ~ne view of ~m~C~alM~qu~pm~nt,_whlch is permitted. However. i put back fur~her'f~n~d~zed ~hat particular buffer'isn ~ e~ge o~ the ' ' Members question the a li b~ldln~. After the Pp cant and he ha ~ ~ unance to spea~ - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 to them and show them what he has, the Members will have to make the determination as to whether they think the Build- ing Department is right in its interpretation or that the applicant has reason to expect this exception. Reference was made to previous cases that had been before the board. Secretary Gordon read paragraph 1, under "B. DUTIES" of the Board of Adjustment. POWERS AND Mr. Digby Bridges, Architect, Digby Bridges & Associates, P.A., 124 N. E. 5th Avenue, Delray Beach, Florida 33444, came forward to represent Pyramis Development Corporation. As Mr. Keehr said, Mr. Bridges agreed this is a violation of the Code. However, they feel there is a contradiction in the Code (the fact of the mechanical and all of the equipment that can go up on the buildings). Mr. Bridges stated they also feel the contradiction in the Code is detrimental to good design. In designing the building, Mr. Bridges said they'have taken a parapet and used that as a screeen. They are not enclos- ing actual space of the building or asking for the enclosed space of the building to be any higher. The screen is actually a couple of inches shy of the top of the City's permitted height. Mr. Bridges told the Members they had a big decision to make because he felt if they grant him this, it will become Code. He also felt that the Planning and Zoning Board and the Community Appearance Board would be in favor of something like this. Mr. Bridges emphasized that he was not asking for a large building per se. All he was asking for was a method to screen and interpreting the City's method, as laid down, in which way to screen. Mr. Bridges said he would show the Members he is actually curbing the parapet back and has not put it directly in front. Also, in his opinion, 4 feet is well spent in getting a nice finish to the top of a building. Mr. Bridges did not think flat roofs with equipment on top were very attractive and said putting this parapet up would allow the entire mechanics to be hidden. Mr. Bridges presented an overlay which showed the building and showed that the parapet gives a nice cap to the building. He emphasized that it is not within the volume of the build- ing. Mr. Bridges said it is a prestige building, an expen- - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 sive bUilding, and not a cheap building. The parapet is expensive, and he showed the shape of it. Mr. Bridges knew of no other Code that he has dealt with in Palm Beach County that does not count the height of the building from the grade established at ground level to the top of the roofing membrane. In some cases, Mr. Bridges said they say you can count halfway between the top slab but he always counts to the top of the roofing membrane which, to him, is the top of the building, and is the way Delray Beach, Highland Beach, Boca Raton, and Palm Beach do. Any- thing above that is only going to restrict the height. Boca Raton has the restriction that a parapet can be no more than 4 feet, but it must hide all of your mechanical equip- ment. Mr. Bridges felt the parapet could be interpreted as the screening that has been put forward rather than just' screening around every little box. He informed Chairman Thompson the height of the parapet is 4 feet. The standard height of a parapet is between 4 and 6 feet. In the City, Chairman Thompson noted it is permitted to use a screen to hide air-conditioning units, elevator shafts, etc. He asked what the difference was. Mr. Keehr replied that in most cases and in all cases up to this point, that screening has been moved away from the front or edge of the building back. That is the only difference. Mr. Bridges pointed out that this is a much more expensive way of doing it. He stated he would consider that good for the City provided it is not anything but a parapet wall or screen. In his opinion, all Mr. Bridges was trying to do was give good design. Chairman Thompson inquired what the approximate footage was from the edge of the wall. Mr. Bridges replied he would say it would be over 4 feet, or about 4'6". He assured Mr. Weinberg that the parapet will hide all of the equipment. Mr. Bridges said the elevator tower may go one foot higher. There was discussion about the parapet and Mr. Bridges showed it goes back exactly 4 foot and is a circle. Prior to this, Mr. Keehr said they have considered screening for mechanical equipment. He referred to page 1898 of the Boynton Beach Code, "F. HEIGHT LIMITATIONS AND EXCEPTIONS, 2", and noted it said mechanical support systems and similar structures. Mr. Keehr told the Members they construed "simi~lar structures" to mean screening around these particular apparatus and took it to the City Council under that situa- - 16 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 tion, He agreed there was room for interpretation. Members of the Board commented there were gray areas. Chairman Thompson noted the paragraph also said, "may be erected within a structure or on top of the structure, above the district height limitations provided . ,, Mr. Bridges said that is why they have spoken abo~t it from Planning, through the Community Appearance Board, and right to the City Council. He reiterated that they feel there is this gray area and it should be clarified one way or the other. For the sake of good architecture, Mr. Bridges thought it should be that it can go on the perimeter provided it is a screen or a parapet, nothing else. Mr. Bridges added that it would also give direction to the Building Inspector in the future° It was Chairman Thompson's opinion that this was much more attractive than the other old type. Mr. Slavin observed that the City Council unanimously approved it on November 15. In considering the appeal and paragraph 3, pages 1898 and 1899, subparagraphs a through i, of the Boynton Beach Code, Mr. Weinberg noticed there was nothing whereby the proposed extension would be detrimental to anybody or anything. Mr. Keehr and some of the Members agreed. Mr. Keehr stated those items are what the exceptions are based on and, to a degree, it has more or less been through that. One of Mr. Bridges' reasons for putting it back there was that most of the housing is going to be up front because today, it pays you to bring your pipes down from the housing in the front of the building. You do not bring them down in the middle, as they did in the old days. You want to find the shortest runs to your air-conditioning as possible. Today, they put it in the front or in the back. Mr. Bridges also wanted the parapet argument that will allow him the freedom to put the units where he wants to, having it straight and direct down to the air-conditioning units' foot- age about 18 inches to let the air get around, He explained what he would do about the air-conditioning. Mr. Slavin began to read from the excerpt of the Minutes of the City Council's Meeting of November 15, 1983. Mr. Keehr interrupted to advise that this Board makes the interpreta- tion of whether this plan fits the category of additional structures, as stated in paragraph 2. Mr. Bridges will pre- sent that to the Planning and Zoning Board for their recom- mendation to the City Council for the Council's approval. Mr. Keehr added that it must meet all of the criteria on the - 17 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JANUARY 9, 1984 secOnd page, and the City CoUncil will base its decision on that and also somewhat on what the Planning and Zoning Board recommends. There was discussion about the elevator and height. Mr. Gordon asked what would happen if the parapet was moved back 3 or 4 feet. Mr. Bridges thought it would be detrimental to the design. He referred to Winn-Dixie with the parapet in front and in the back of the building, you see all of the junk. Mr. Bridges feels parapets should be put in back as well to hide the equipment. Mr. Slavin read from the Council Minutes that the Planning and Zoning Board and Community Appearance Board believed this shOuld be addressed. He further read, "What the appli- cant is asking is not for a height exception for a parapet wall as it must come down, but a height exception for mechanical equipment only.', If he was going for a height exception, Mr. Keehr explained Mr. Bridges would be coming before the Board for a variance. He is requesting an interpretation. Mr. Keehr reiterated that the Council Minutes should not have any bearing on the decision of the Board. Mr. Weinberg moved that the request for a parapet be approved, as submitted by Digby Bridges, Architect, seconded by Mr. Ampol. A roll call vote on the motion was taken by Mrs. Ramseyer: Mr. Ampol Chairman Thompson Secretary Gordon Mr. Slavin Mr. Moore Mr. Mearns Mr. Weinberg Motion carried 7-0 to grant the request. Aye Aye Aye Aye Aye Aye Aye ADJOURNMENT Mr. Ampol moved, seconded by Mr. Mearns to adjourn and the meeting adjourned at 9:15 p.M. ' ~spec~tf~ully submitted, Patricia RamseYer'/7~ · RecOrding Secret'ary~ (Three Tapes) - 18 -