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Minutes 05-20-96 MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MAY 20, 1996, AT 7:00 P.M. PRESENT James Miriana, Chairman Michael Pawelczyk, Assistant City Attorney Ben'Uleck, Vice Chairman Tambri Heyden, Director of Planning Patti Hammer and Zoning Howard Rappoport Mike Haag, Zoning and Site Development Agnes HollingShead, Alternate Administrator Herman ~iold, Alternate Jerzy Lewicki, Assistant Planner ABSENT Marilyn Huckle A. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS .Chairman Miriana called the meeting to order at 7:07 p.m. and introduced Attorney Pawelczyk, the members of the board, and City staff. In the absence of Ms. Huckle, Ms. Hollingshead sat at the dais as a voting member. B. APPROVAL OF AGENDA No additions, deletions, or corrections were made to the agenda. Motion Ms. Hammer moved to approve the agenda as presented. Ms. Hollingshead seconded the motion, which carried 5-0. C, APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Ms. Hammer moved to approve the minutes of the April 15, 1996 meeting. Ms. Hollingshead seconded the motion, which carried 5-0. D, COMMUNICATIONS AND ANNOUNCEMENTS None. MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 E. ELECTION OF OFFICERS Chairman Miriana asked why this item keeps appearing onthe agenda. He pointed out that officers were elected in January, 1996, when the board was created. F. OLD BUSINESS None. G. NEW PETITIONS Public Hearing All those who planned to testify this evening were administered the oath by Attorney Pawelczyk. Case #217 Location' 4475 North Ocean Boulevard Owner: The St. Andrews Club, Inc. Requested Variance: Request relief from Section 4.J.2, Chapter 2 - Zoning, of Land Development Regulations, to allow a ten (10) foot high hedge for a length of approximately 620 feet along the northern property line. Prior to the meeting, the Recording Secretary distributed copies of a letter, dated May 17, 1996, from Don Faron, Manager of Briny Breezes, requesting denial of this variance. Mr. Faron was present. Thomas Woolley, Jr., was also present. He represented the applicant; the St. Andrews Club, Inc. He introduced Frances Richard, General Manager of the St. Andrews Club, Alex Bartha, Golf Course Superintendent of the St. Andrews Club, and Robert Conkey, a member of the Board of Directors of Briny Breezes, Inc., and dock master. Mr. Woolley stated that the petition is to allow what is already existing to remain existing. The hedge in question has existed at its current height for over 20 years. Over the years, it has grown to 11-or 12 feet; however, it is currently maintained at 10 to 10 1/2 feet in height. It runs along the entire northern border of the St. Andrews Club, and on the northern part is an unincorporated area known as Briny Breezes. Some of the mobile homes in Briny Breezes are within two to three feet of the hedge. The hedge was installed to prevent golf balls from going into the area to the north. He circulated ph(~iographs of the hedge and mobile homes. The code requires a 6 foot hedge. Mr. Woolley requested that the hedge be allowed to be maintained at its current height for protection from the golf balls. 2 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 Using the overhead projector, Mr. Bartha pointed out the tee, the green, and the direction in'which the golf balls go. There is a green on the corner, close to the Intracoastal Waterway. Next to that is the #6 tee. The balls are hit from west to east, and the hedge is just north of that. The present height of the hedge is between 9 1/2 and 11 feet, and has been like that for at least the 14 years that he has been there. Just one hole (#6) is affected. The hedge is about 12 to 15 feet from the fairway of that particular hole. Chairman Miriana asked if there is a rough between the fairway and the hedge. Mr. Alex advised 'that there are only fairways. Mr. Rappoport asked if golf balls go over the fence now. Mr. Bartha answered affirmatively. He stated that at one point, the hedge was 12 to 13 feet. Someone complained, and it was lowered about two feet. On a number of occasions, he sees the members of the St. Andrews Club looking for balls right next to the hedge. Mr. Rappoport asked how long Briny Breezes has been there. Mr. Faron advised that Briny Breezes has been there for 40 years. Mr. Woolley believes that the St. Andrews Club was built in 1972 or 1973, and that is when the hedge was put in. Ms. Hammer asked if there are complaints from the residents of Briny Breezes about the amount of golf balls that are being hit into Briny Breezes. Mr. Faron stated that he has been there for three years and has not heard one complaint about golf balls hitting a home. Mr. Woolley said the residents of Briny Breezes believe that the hedge helps keep the golf balls away from the trailers. Mr. Faron confirmed that the residents of Briny Breezes feel the hedge helps keep the golf balls from hitting the homes. The hedge has been maintained at an approximate height of 8 feet for the past three years. It has grown to 9 or 10 feet over the past nine months because of lack of trimming. Pine trees were also put on the golf hole, and the hole was redesigned, which takes it in a southeast direction. Therefore, there is no need to have the hedge any higher than 8 feet. Ms. Hammer referred to the "increased lack of sunlight thus, mildew on the homes and lack of air flow" mentioned in Mr. Faron's letter. Mr. Faron stated that even at 8 feet, the residents still have a lack of sunlight and a lack of some air flow, but they can live with that. However, beyond 8 feet, the decreased amount of sunlight and the decreased amount of a~r flow through the rears of those homes would be totally unsatisfactory. Mr. Woolley stated that this violation was brought to the city's attention by someone from Briny Breezes, not by someone who lives in. the city. Mr. Bartha explained that next to the south of the fence and the ficus hedge, there is a row of Australian Pines. They are from 40 to 60 feet in height. Mr. Hawkins complained about these trees blocking the sunlight, and about the needles from these trees falling on his roof, and asked that they be trimmed MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 down to 35 feet. He was told that cutting them down to that height was unreasonable and that the golf balls would fly over them. Mr. Hawkins called a city inspector, and the inspector told him that the Australian Pines were not in violation. Mr. Hawkins asked the inspector if he could find any violations, and the inspector said he could cite the St. Andrews Club for the ficus hedge. Also, Mr. Hawkins threatened that if the Australian Pines were not cut down, he would complain about the fact that the St. Andrews Club starts using equipment at 7 o'clock in the morning. Chairman Miriana opened the public hearing. Mr. Faron's letter to Mr. Lewicki was distributed to the members of the board before the meeting began. Mr. Faron stated that there has always been a gentleman's agreement to keep the hedge at approximately 8 feet. He said a height beyond 8 feet would be detrimental to residents of Briny Breezes. The residents can live with the verbal agreement of.8 feet. If that agreement cannot be reached, they would have no alternative but to request that the hedge be maintained at 6 feet according to code. Mr. Uleck asked how long Mr. Faron has lived in Briny Breezes. Mr. Faron said he does not live there. He has been working there for three years. Mr. Conkey stated that he has heard no arguments which would be valid for granting a variance. He stated that the people on the north side are being harmed because most of the breezes are southeast breezes, and the hedge cuts off the breezes. He advised that one of the big complaints of the residents is mildew. Vice Chairman Uleck said he was on the board when the 8 foot hedge was agreed upon. He explained that the residents complained about golf balls hitting their trailers, and an agreement was reached to allow the St. Andrews Club to put up an 8 foot ficus hedge. The residents even wanted the hedge to be 12 feet. Vice Chairman Uleck pointed out that if you live on a golf course, you are going to get golf balls coming into your area. He felt it would be foolish to cut the hedge down, and did not think the residents would get more of a breeze by cutting the hedge down a foot or two. Mr. Faron stated that there is no argument about the 8 feet. There was never an argument about the hedge. The whole ~ssue started with the Australian Pines. The Code Enforcement Inspector was never asked to Write a citation on the hedge. There has always been the 8 foot maintenance, and we want the 8 feet maintenance. Since they put in the pine trees following the installation of the hedge, that added improvement to the errant golf ball situation. Then they redesigned the hole as well at some point. There has not been a golf ball problem for at least 3 years or more. He asked how two more feet could improve anything when there is nothing to improve as far as errant golf balls. 4 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 Chairman Miriana asked Mr. Haag if there was ever a variance granted on the 8 foot height. Mr. Haag advised him that there was not. Mr. Bartha stated that for the last 14 years, the lowest the hedge has ever been was 9 1/2 or 10 feet. He does not recall the hedge ever being 8 feet tall. On the fairway from the Intracoastal going east, it has been any~vhere from 10 to 12 feet. He was convinced that there have not b~en any comPlaints about the golf balls because the hedge is at least 10 feet tall. Ms. Hammer asked how tall the hedge is in the photographs circulated by Mr. Woolley. Mr. Alex said the hedge is 10 to 11 feet in the photographs. Mr. Rappoport felt the hedge was protection for Briny Breezes. Mr. Bartha was extremely concerned about the safety factor. Motion Vice Chairman UleCk moved to grant the variance to allow a 10 foot high hedge for a length of approximately 620 feet along the northern property line. Ms. Hammer seconded the motion. Ms. Hollingshead suggested that if this variance is granted, it'only be granted for so long as that property is being used as a golf course. Amended Motion Ms. Hollingshead moved to grant the variance to allow a 10 foot high hedge for a length of approximately 620 feet along the northern property line, with the condition that it would become null and avoid in the event the property is used for purposes other than a golf course. Ms. Hammer seconded the motion. A roll call vote was polled by the Recording Secretary as follows: Miriana ~ Aye Rappoport Aye Uleck Aye Hammer Aye Hollingshead Aye The motion carried 5-0. MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 Case #218 Location- 2607 South Federal Highway Owner: Steve Lovrekovic Requested Variance: Request relief from sign code (Land Development Regulations, Chapter 21, Article III, Section 5) to install a 6'8" x 5'0" freestanding sign to be located 4.75 feet from the front property line of a C-3 (Community Commercial) zoned parcel. Mr. Lovrekovic, the owner of Shane's Motor Lodge, advised that there is a mistake on the dimensions of the sign. Mr. Lovrekovic lives on this property. He circulated photographs dePicting a northbound and southbound view of the present sign in relation to the sidewalk. The sign is over the sidewalk because the city widened the streets in the 1960's. This sign was installed when his family purchased the property in 1975. He is changing a few things in his business and is trying to update his image. He became AAA rated. He is going to change the name of the business to Comfort~ Lodge to make it more professional. He is renovating the rooms. The sign is getting old and he would like to replace it and move it off the street. There are Royal Palms in the front. As you look southbound, you see the office and the carport. The building is 8.9 feet from the street because the street was widened. If you were going northbound, the office building would block the sign. If he were to put the sign according to code, it would be 10 feet from the sidewalk, behind the Royal Palms, and the bUilding would block the sign from all traffic coming from the south. The measurements of the sign are 8' wide by 4' high. He asked for the sign to be 8' wide by 6' high. He has 200 feet of frontage; therefore, it is well within the 64 square feet he is a~lowed as far as the sign size. Therefore, he is strictly asking for a variance just for the setback. His intentions are to put the sign off the sidewalk. If he centers it between the Royal Palmsand the sidewalk, that would give him a foot either way, so it would be right next to the sidewalk. It would be next to the trees, but not in between the trees. Mr. Rappoport asked how high the sign is. Mr. Lovrekovic said the sign in the photographs is 14 feet tall. Mr. Rappoport asked how far the base of the sign is from the ground. Mr. Lovrekovic said it is 10 feet. The sign he proposes to install would be a foot shorter. It will be 13 feet overall. Everything will be brand new and according to code as far as wind loads, etc. Chairman Miriana inquired about the mistake in the dimensions of the sign. Mr. Lovrekovic advised that the correct dimensions are 6' tall by 8' feet wide. Chairman Miriana noticed that the palm trees are spaced out evenly with the exception of an 18 to 20 foot space MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 between two trees. Mr. Lovrekovic stated that there was a tree in that space; however, it died and he plans' to replace it. Mr. Lovrekovic stated that the trees are set back 10 feet from the sidewalk. The sign will be centered on a single pole five feet from the sidewalk. The colors of the sign are blue (to match the motel), and light yellow. Chairman Miriana advised that the city has gone through a great deal of trouble setting up new sign regulations: They are trying to clean up the city and give it a new image. 'In response to a question from Vice Chairman Uleck, Mr. Lovrekovic said the edge of the sign will be one foot from the sidewalk. Chairman Uleck asked how much clearance is there between the sidewalk and the edge of the tree. Mr. Lovrekovic said it would be 10 feet. The sign is 1.5 feet thick. The sign would not overhang the sidewalk at all. He does not want to put the sign between the trees because it cannot be seen well from there. In response to questions posed by Ms. Hammer, Mr. Lovrekovic believes the original sign was installed in the mid 1960s. It was made nonconforming by the widening of the streets. His property was 300 feet deep. He lost 17 feet, which put the main building 8.9 feet from the sidewalk. Shirley Stevens, 2832 S.E. 5th Circle, the President of Los Mangos Property Owners Association, appeared before the board this evening on behalf of the Los Mangos Property Owners Association. She stated that the Los Mangos Property Owners Association has no objection to granting a variance for the setback, as long as the size of the sign meets the code. Mr. Rappoport felt the proposed sign would be an improvement because it would not overhang the sidewalk and it is nicer looking than the old sign. He was in favor of granting the variance as requested. Ms. Hammer agreed with him. Ms. Hollingshead did not think Mr. Lovrekovic Should be asked to put the sign in the middle of a row of palm trees where no one is going to see it. She also realized that this property edge was trimmed by virtue of the road widening. She suggested that if a variance is granted, that it be conditioned upon the following: 1. That if the row of trees is permanently removed, the sign has to be moved back; and 2. If the motel is replaced with a conforming structure, the variance would cease and the signage would have to conform. 7 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 She felt Mr. Lovrekovic needs a chance to have people see where his business is. Also, she did not think he should be required to keep this sign over people's heads on the sidewalk until it falls on someone. Ms. Hammer asked if Mr. Lovrekovic would be allowed to replace those trees with other trees. Ms. Heyden stated that our intent was to allow replacement of the existing trees. Mr. Lovrekovic stated that the proposed sign is like a stop sign for him. It tells people to stop and pull in. It is very important for him. If he was in the restaurant business, people would get to know the restaurant. However, he does not deal with locals that much. His clientele includes tourists and people looking for a home between apartments, so they need to see t,h, at sign. The sign will only contain the words "Comfort Lodge Rooms/Kitchens, and he will probably have an AAA sign embedded in the post. Vice Chairman Uleck asked if the sign can be moved back toward the trees a little more. Mr. Lovrekovic said if he did that, the sign would be between the trees and people would not be able to see it clearly. In response to Chairman Miriana regarding other alternatives, Mr. Lovrekovic explained the other alternatives he considered; however, they were not practical. He is using a high quality quarter inch Plexiglas so it will be a strong sign. He wants to keep the sign Iow so it does not get too much wind. If he used two poles, children might ride their bicycles under the sign. Vice Chairman Uleck suggested cutting down the sign to 6 or 7 feet if it cannot be moved back toward the trees. Mr. Lovrekovic advised that in order to do that, the words would have to be compressed and they would be difficult to read. He would also like to accentuate the fact that he has rooms and kitchens. His business is strictly seniors in the wintertime and local contractors, etc. off season. Chairman Miriana said the city is trying to project a new ~mage and they are trying to correct the sign problem throughout the city. He felt something could be done to keep the sign a foot and a half away from the sidewalk. Ms. Hollingshead said it seems our choice is between a sign which currently hangs over the entire sidewalk or a new and improved sign which is a foot back from the sidewalk. Chairman Miriana suggested taking down a couple of the palm trees to widen the vision a little more. Mr. Lovrekovic said he would have to remove the whole row of palm trees because you would not be able to see the sign until you are right in front of it. Mr. Rappoport would not want to see the palm trees taken down because they add to the beauty of the area. MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 Motion Ms. Hollingshead :moved to grant the variance to allow the sign as drawn, in accordance with the plans set out in the presentation Mr. Lovrekovic has given us, subject to the board's two conditions that if that row of trees is permanently removed or if the current use is changed and the nonconforming nature of it alters, then the sign would have to come into conformity.- Ms. Hammer seconded the motion. A roll call vote was polled by the Recording Secretary as follows: Rappoport Aye Uleck Aye Hammer Aye Hollingshead Aye Miriana Nay The motion carried 4-1. H. OTHER BUSINESS No other business was discussed. I. COMMENTS BY MEMBERS No comments were made by the members. J. ADJOURNMENT There being no further business to come before the board, Mr. Rappoport moved to adjourn the meeting at 8:25 p.m. Ms. Hammer seconded the motion, which carried 5-0. Eve Eubanks Recording Secretary (Two Tapes)