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Minutes 10-21-96 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, OCTOBER 21, 1996, AT 7:00 P.M. PRESENT James Miriana, Chairman Mike Pawelczyk, Assistant City Ben Uleck, Vice Chairman Attorney Marilyn Huckle Tambri Heyden, Director of Planning Howard Rappoport and Zoning Herman Gold, Alternate Michael Haag, Zoning and Site Agnes Hollingshead, Alternate Development Administrator ABSENT Jerzy Lewicki, Assistant Planner Patti Hammer 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Miriana called the meeting to order at 7:03 p.m., and introduced the City staff and the members of the board. Mr. Gold sat at the dais as a voting member. 2. APPROVAL OF AGENDA No additions, deletions, or corrections were made to the agenda. Motion Ms. Huckle moved to approve the agenda as submitted. Vice Chairman Uleck seconded the motion, which carried una.qimously. 3. APPROVAL OF MINUTES - September 16, 1996 No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Mrs. Huckle moved to approve the minutes of the September 16, 1996 meeting as submitted. Mr. Rappoport seconded the motion, which carried unanimously. 4. COMMUNICATIONS AND ANNOUNCEMENTS None. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 5. OLD BUSINESS None. 6. NEW BUSINESS Public Hearing Case No. 220 Project: Saint Joseph's Episcopal Church and School Location: 3300 South Seacrest Boulevard Owner: Saint Joseph's Episcopal Church Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2 -Zoning, Section 4.J.1, which limits the height of fences constructed within the required front yard in residential zones to 4 feet to allow an 8.66 foot high fence along Seacrest Boulevard from the north property line to the south property line. Bill Milord with Milord Development, and architect James Dalton represented Saint Joseph's Episcopal Church and School. Mr. Milord requested this variance in accordance with the statement of special conditions contained in the variance application and in accordance with sheets F1 and F2 of the applicant's drawings. Mr. Dalton clarified that the 8.66 feet that is mentioned is not the entire height of the fence. It is the highest point of two piers that are approximately 3 feet 4 inches on either side of the gates that would be on either side of the driveway. The major portion of the fence, which would be a white painted aluminum 6 inch picket fence would be 6 feet 4 inches (a 6 foot rail, approximately 4 inches off the ground). The masonry piers that we would have every 25 to 30 feet would be approximately 7 feet 4 inches high. The fence width across the site would be approximately 625 feet of which less than 20 percent of it occurs as a pier. Therefore, the majority of the screen or fence will be 6 feet 4 inches high from the grade. In addition, the location where the 8 foot 8 inch piers occur is set well beyond the 25 foot setback line. Forty-six percent of the fence is west of the building .setback line. The closest portion of the fence is 15 feet from the property line, and the (~ode allows us to build within 18 inches of the property line. All of the fence is well beyond the minimum distance that would be required. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 Mr. Gold asked what portion of the fence is 8.66 feet. Mr. Lewicki displayed the site plan. Mr. Dalton pointed to the property line of Saint Joseph's Church and School. He said we broke the fence up so you would not be reading a flat fence all the way across Seacrest Boulevard. We angled it in for interest. The piers will tie in the campus with all the work that we have been doing with the stucco and the round surrounds. Every corner has a pier. The distance between those p~ers varies between 25 and 30 feet. The picket fence portions are 6 foot 6 inches high. The Code allows us to build a 4 foot high fence, 18 inches from the property line. Our closest point is 15 feet. The 8 foot 8 inch portion is set back about 58 feet from the property line. It is well beyond the front yard requirement in the district. The reason that is higher is that there are two decorative lights there that will shine on either side of the gates coming into Saint Joseph's. The other piers are approximately 8 to 12 inches h gher than the top of the p cket fence. It was done for architeCtUral treatment. The main reason the fer~ce is being proposed is for security to students in a more confined space when they are participating in physical ~tnd around the playground area. Another reason for the fence is to close off the area when no one is there because a lot of outsiders come in and use the playground area and drive over the landscaped areas and sidewalks. Ms. Huckle said Exhibit "C" shows pickets 7 feet;4 inches and 8 feet 8 inches. Mr. Dalton said the piers on either side of the gate are two heights. The larger of the two portions (the 8 foot. 8 inch dimension) would be for the top of the pier down to the grade for the 3 feet 4 inch ,portion or the 4 foot portion on one side of the gate. Then it drops down to a lower elevation immediately next to it. On either side of the main gate, there is a step in the masonry wall. The 7 foot 4 inch dimension is what the typical ones would be throughout. Ms. Huckle inquired about the 6 foo! 4 inch dimension. Mr. Dalton said the 6 foot 4 inch dimension is the wrought iron (metal) portion. The stucco piers are higher because they have a band and a border on them. Ms. Huckle asked if the highest is the portals near the gate. Mr. Dalton answered affirmatively and said there are only two of those. Mr. Rappoport asked if the other areas will be gated also (on the west and east sides). Mr. Dalton said no gates will be put on the west side of the property. Mr. Rappoport asked the reason for putting a gate in the front to keep people out if they are not going to put a gate on the side. Mr. Dalton said most of the traffic comes in from Seacrest Boulevard. In order for people to come in from Swinton, they have to pass the caretaker's house. Chairman Miriana opened the floor to the public. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 Father Michael Cassell of Saint Joseph's Church and School said a lot of little kids run around the front of this property and can climb over a 4 foot high fence. He felt we would all be responsible if a child was killed because we did not do everything we could to protect the children by providing something suitable and effective to keep them within that property. Stella Rossi, 625 Whispering Pines Road, agreed that children can climb over a 4 foot high fence very easily. She was concerned about plantings. She felt that there should be some plantings along Seacrest Boulevard and the main street to break up the monotony of the fence. She felt the plantings should be native and should not be invasive to the 50 acre environmentally sensitive land parcel across the street. In addition, native plants do not require water or pesticides. Attorney Pawelczyk read a letter, dated October 20, 1996, addressed to the board from Chris Wenzel, who is opposed to this variance. This letter is attached to these minutes. Mr. Rappoport asked if the church plans on putting shrubbery or trees in front of or behind the fence to disguise it. Mr. Dalton advised that right now there are trees behind it on the north portion from the driveway on. He advised that all the required landscaping for the parking areas was provided. None ~s required for the fence. He felt the fence is decorative. There is a stucco pier of a base and a round circle like molding on the piers which were picked up again on the buildings once you are in campus. In addition, there is a final cap around it. He strived for the architectural features of the piers and the wall which undulates in and out and on angles. It is open so that you can see the activity that is going on. Vice Chairman Uleck did not see any reason to deny this request. He felt the fence will protect the children and will look very good. Chairman Miriana has seen this type of fence before and feels it adds to the overall aesthetic view and does no harm. Motion Mr. Gold moved to accept as written. Attorney Pawelczyk pointed out that the applicant already clarified that there would only be an 8 foot 8 inch variance at the gate. He felt this should be stated in the motion since it is unclear from the documents themselves. He suggested instead of granting the variance "as written", that it be granted "as presented, which would be the 8 foot 8 inches 4 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 at the gate, 7 foot 4 inches at the remaining piers, and 6 foot 4 inches for the white aluminum picket fence. Mr. Gold accepted Attorney Pawelczyk's wording of the motion. Mr. Rappoport seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried unanimously. Case No. 224 Project: Saint Joseph's Episcopal Church and School Location: 3300 South Seacrest Boulevard Owner: Saint Joseph's Episcopal Church Requested Variance: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21- Signs, Article IV, Section 1 .B, which limits freestanding signs to 32 square feet in size and 6 feet in height to allow a size of 106 square feet and a height of 14 feet 6 inches. Howard Ferrin said some of the drawings in front of the board make this look like a monstrous looking structure. The comments talk about a 14 foot 6 inch high sign. He did not consider the top of the cross or the little portion that is an angle and holds up the cross as part of the sign. It is identification, but it is not advertising. From the existing base to the top of the sign is 7 feet 3 inches. The 1 foot 9 inch base could be reduced about 1 foot 5 inches so that we have a 4 inch slab to support the sign. The proposed sign would be perpendicular to Seacrest Boulevard. The sign that you see as you travel Seacrest is parallel and you cannot see it until you are right in front of it. The reason for this new structure, which would match the existing structures on the property, is to identify the Saint Joseph's Episcopal Church and School before people get to the driveway. The letters on the proposed sign are Roman style letters, which are not easy to read. The capital letters are only 9 inches. The lower case letters are only 6 inches. He distributed a letter visibility chart showing maximum readable distances and letter heights. He pointed out that a solid block 9 inch letter is visible from 400 feet. The Roman style letters are not as easy to read as solid block letters. He did not feel anyone would find the sign or the lettering overbearing for the location and the size of the property. It is 15 feet back from the property line. The Code requires it to be only 10 feet back. It appears that from the description and the recommendations from staff, the square footage of this sign is tremendous. However, he assured the board that when it is on the property, it would not be that way at all. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 The blank area on the bottom of the sign will be used discretely as a marquee for announcements and upcoming events. The entire display would not be overbearing, day or night. In the daytime, the lettering "Saint Joseph's Episcopal Church and School" would appear to be black. At nighttime, under illumination, it turns white. The copy on the marquee can be a solid background with illuminated letters, ,or vice versa. He felt this sign would be very attractive and in keeping with the balance of the architecture on the entire property. The church officials would like to the sign to be the same color as the buildings on the property. Attorney Pawelczyk reminded the members of the board that they should take into consideration the letter from Chris Wenzel when making their decision. Mr. Rappoport asked if there is a s~gn there now and, if so, what size it is. Mr. Ferrin said the size of the sign there now has an overall height of 5 feet 4 inches and is approximately 10 feet long. The size of the lettering is about 1 inch smaller than what is shown on the proposed sign. Mr. Lewicki said the proposed sign is 106 square feet. The Code allows 32 square feet. Under Article II, Section 1 .B, Chapter 21, the board can increase the allowable area up to 25 percent. The height of the sign is 8 feet 6 inches, which is 142 percent of the maximum allowable area. The board has the authority to approve the height of the sign up to 7.5 feet and the size of the sign up to 40 feet, which is 66 square feet smaller than requested. Father Michael Cassell said there is an extremely attractive sign in front of a church in Lake Worth. It was made by Mr. Ferrin. Father Cassell said he is not asking for anything peculiar, odd, or strange. He pointed out that Saint Joseph's Church and School has contributed vitally to the community, not only aesthetically, but culturally and religiously. It has contributed dramatically to the worth of the real estate in that area. The activities that they hold are not only of interest to their own parish. They are also of interest to the community. He stated that many of the signs that have been in front of this property have been so small that they have been a hazard because people cannot see them. The purpose of the proposed height of the sign is so that it is readable and noticeable. Chairman Miriana opened the floor to the public. Attorney Pawelczyk reiterated what Mr. Lewicki had stated. The Code states that no variances may be granted for signs expressly prohibited by this Chapter. This basically means that a variance can only be granted to allow the area and/or height of a sign to be increased by up to 25 percent of the maximum height or area. d MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 Ms. Heyden explained that when we redid our sign code a couple of years ago, we felt our sign code, compared to other cities, was pretty liberal. We allowed very large size signs and very tall signs. We have provided for an amortization period to bring those signs into conformance. The only reason the 25 percent was added in was to allow currently nonconforming signs to be evaluated to see whether or not there was some hardship and allow them to exist or be modified with some sign height and sign size considerations. Stella Rossi asked if the illumination light is going to be on all night and if it is going to be shielded. Father Cassell advised that it is on a timer. He had no intention of burning the light ali night long. Mr. Ferrin added that it would be internally illuminated fluorescent lighting and would not be an overbearing illumination. Mr. Gold asked if the applicant would be satisfied with a 25 percent increase. Father Cassell answered affirmatively. Ms. Hollingshead suggested that if the board approves the 25 percent, the Planning and Zoning Department make sure that.what comes back is not substantially different from what we have seen tonight. She was not sure it would be a miniature version of what is being proposed. Ms. Heyden said in all cases, whatever variance is approved, it goes back to permitting and the necessary changes are made. The applicant will have to revise the sign drawings to comply with the variance that is approved, but will not have to come back to this board. Staff will make sure that the applicant's new sign permit meets whatever is allowed. Ms. Huckle felt the applicant has demonstrated a hardship. Motion Ms. Huckle moved to grant the variance in accordance with the guidelines of Article II, Section 1 .B of Chapter 21, which is the section related to allowing the area and/or height of the sign to be increased by up to 25 percent of the maximum allowable height or area. Mr. Gold seconded the motion. A roll call vote was polled ~)y the Recording Secretary. The motion carried unanimously. 7. OTHER BUSINESS None. MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA OCTOBER 21, 1996 8. COMMENTS BY MEMBERS None. 9. ADJOURNMENT There being no further business to come before the Board of Zoning Appeals, Mr. Rappoport moved to adjourn the meeting at 8:13 p.m. Vice Chairman Uleck seconded the motion, which carried unanimously. Eve Eubanks Recording Secretary (One Tape) October 20, 1996 City of Boynton Beach Suzanne M Kruse, City Clerk Zoning Board of Appeals Dear Members of the Board, I am writing to strongly oppose the proposed variances being considered for St. Joseph's School. St. Joseph's is a member of this community and should abide by the regulations in place. There are reasons for these regulations.., in this case, high fences and bill boards look bad. Unity School in Delray Beach recently added to their existing fence. The new section separating the athletic field from Swinton Avenue is six feet tall and has a maintained hedge on the street side of the fence. I believe this is the most St. Joseph's should be granted. Extremely high fences create the appearance of crime. Schools should look like they are a part of the community, not a fortress ..or a prison. I believe there is no justification for granting such a huge variance and I hope that you concur. Chris Wenzel 3340 Ridge Lane Boynton Beach, FL 33435