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Minutes 09-12-88 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN BUILDING DEPARTMENT CONFERENCE ROOM, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 12, 1988 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Lillian Artis, Vice Chairman George Mearns, Board Secretary Raymond Eney Janice Lewis Thomas C. Newton, Alternate (Voted) ABSENT Henrietta Solomon (Excused) Ben Uleck (Excused) James Miriana, Alternate (Excused) Alfred Newbold, Chief Plans Check Inspector Warren DeLoach, Plan Check Inspector Chairman Thompson called the meeting to order at 7:01P. M., introduced the Members of the Board, Mr. Newbold, and the Recording Secretary. Mr. Newbold introduced Mr. Warren DeLoach from the Building Department and stated that he would be sitting in for Mr. Newbold when Mr. Newbold is on vacation. Chairman Thompson also noted the presence of Commissioner Olenik, who was in the audience. The Members expressed their sympathy for Mr. Uleck, whose daughter had passed away. MINUTES OF AUGUST 8, 1988 Mr. Eney moved, seconded by Secretary Mearns, to approve the minutes as presented. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. - 1 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 NEW BUSINESS Chairman Thompson announced that there was one case before the Board tonight, and he read the six criteria upon which the Members base their decision. They also look at the property in question and see whether a hardship has been placed by the City, State or County. CASE 9130 - Catalina Lake Drive (unplatted subdivision) Owner/ Applicant: Walboyn Development Corporation for Gerulaitis Tennis Resort Catalina Lake Drive Address: Descrip- tion: Request: See "Addendum A" attached to the original copy of these minutes in the office of the City Clerk. Relief from Appendix A- Zoning, Section 4-L, Buffer Walls, of the Boynton Beach Code of Ordinances requirement of a solid stucco masonry wall at least 6 feet in height where a commer- cial and/or industrial district abuts a resi- dential district. Request elimination of the required wall. Secretary Mearns read the application and the answers to the six questions (a-f) asked in paragraph 5 of the appli- cation. The answers were in a letter dated August 8, 1988 from Jess Sowards, Project Manager, Currie Schneider Associates AIA, P.A., Delray Beach, to Vernon Thompson, Chairman of the Board. Tom McMurrain, Vice President, Walboyn Development Corpora- tion, (Developer of the Catalina Centre), 10356 St. Andrews Road, Boynton Beach, Florida, reminded the Board that he was before them before about a wall that separated the shopping center part of the development from the lake. The wall they were proposing now was in a different location. He showed a copy of the overall site plan to the Members and explained it. Mr. McMurrain said they have already built the shopping center and the hotel. They have just gone through the City process, through the Planning and Zoning Board, the Technical Review Board, and to the City Commission. They have approval for a three floor office building with around 55,000 square feet of office space with a health club on the ground floor. The project will be a joint venture with Walboyn and Vitas Gerulaitis, Tennis Pro. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Mr. McMurrain pointed out on the site plan that the tennis courts are a part of the overall scheme to develop. The land behind it is multi-family, and they are going to wrap around it an apartment complex that will have approximately~ 466 residential units that will tie to N. W. 22nd Avenue. One thing they are trying to do in the development of the property is to create a common amenity between the health facility and the office building and the tennis and apartment complex. Mr. McMurrain stated that they are providing two pools and a jogging path. They will have five different amenities for the overall complex, which will include the tennis courts. They want to put together a nice development that has a physical tie. A walkway was in the brown shaded area that will tie the two uses together. At the present time, Mr. McMurrain said they have a site plan approval at the City Commission level. He presented the elevation plan, which showed what they were going to do at the location and indicated a pathway which would run to the tennis courts. That way, the health club can be a part of the tennis courts, plus the apartments. In addition, there will be a lap pool by the hotel, which will also be a part of the office/health club facility. Not only will they have a tie with the apartments, they will also be tying the health facility and the health club to the hotel. Mr. McMurrain explained. Mr. McMurrain stated that their hardship is that because of their C-3 parcel, it will physically separate the two parcels, and they will have no way of tying the two together with a six foot masonry wall. It has been their intent from the very beginning that they were going to tie the two together, and Mr. McMurrain thought this had been portrayed that way before the City Commission and everybody they have been to. Mr. McMurrain explained to Mr. Mearns that a lap pool is a pool that is square. Lines are put in it, so people can swim laps for exercise. It ties into the health club. Mr. McMurrain elaborated and then said the wall itself would create a real hardship because it would hurt the project aesthetically and functionally. He said Gerulaitis is adver- tising this for next year, and he was showing that rendering. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Chairman Thompson noted Mr. McMurrain was saying the Holiday Inn was part of their company or organization, and he asked if all of this was part of their organization too. Mr. McMurrain answered affirmatively, and he indicated what they own. Chairman Thompson showed where Walboyn's property ends, and Mr. McMurrain stated that they were at least a 50% owner of that. He explained that it is a joint venture with C. & R. Development Corp. Mr. McMurrain thought the Board had two letters (one from C. & R. and one from Gerulaitis). Mrs. Lewis asked if a the drawing was showing that a walkway would go through the wall. By Code, Mr. McMurrain said they are required to have the wall where the yellow line is. Mrs. Lewis asked if there was anything that said they could not have a walkway through the wall. Mr. Newbold replied that he had addressed two points to that question in his "FACTS". One was that the City ordinance requires a buffer (a complete separation between commercial and residential properties). The other was in his paragraph 5, where it said you do not extend commercial uses into residential uses. Mr. Newbold explained. After some comments, Mr. Newbold informed Mr. McMurrain that he had a residential use adjacent to a commercial use, and he was intending to extend the commercial use into the residential use, which is not in the Code. Mr. McMurrain was asking the Board to remove the wall. By granting this variance, Mr. Newbold asked if this would be the minimum Mr. McMurrain would need. Mr. McMurrain felt the walls were not needed. He referred to the elevations and said the health facility would monitor the courts from the offices, where they would be able to see the courts. After elaborating, Mr. McMurrain said they could not leave the wall up and put in a pass through because they would not have visibility of the courts. Mr. Newbold advised it would be in violation of the Code because it should be a solid wall. If no wall is there, the Building Department could not issue a license for Mr. McMurrain's company to do business in a residential area. Also, they could not use the residential land as parking for the business portion. Mr. McMurrain responded that they provided all of the parking needed on their commercial parcel. It was only an interaction of the tennis courts and the amenities to the apartments. Mr. Newbold was trying to show the relationship between residential properties versus commercial properties. The - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 City does not permit commercial uses in residential areas, whether they are adjacent to each other or owned by the same person or not. Chairman Thompson said the law was on the books, and the applicant's planning did not take this into consideration. If the applicant did not want the wall, it was a self-imposed hardship. He said if a car goes beyond the commercial point, there will be commercial parking in a residential area. Chairman Thompson thought it was economics. People always object to building a wall because of economics, and he expounded. From the standpoint of knowing the projects interact, Mr. Eney questioned what the wall would accomplish, other than fulfilling the City's Ordinance. He asked what it would be buffering. Chairman Thompson answered that the wall is required. He had no facts in front of him rather than the owner here saying they have 50% ownership. Chairman Thompson had only Mr. McMurrain's word. Nothing said the two of them own the propery. He referred to the letters the Board had, The one from Richard H. Critchfield, Attorney for C. & R. Development Corp. dated September 12, 1988 said they would like the variance because it adjoins their property. The letter from Gerulaitis Corporate Tennis, Delray Beach, said they would like it because they can use tennis courts on the other side. Nowhere was a deed shown saying they owned 50%. Mr. McMurrain did not know that was a concern. Chairman Thompson responded that it was a major concern. When they got the approvals from the P&Z Board and the City Commission, Mr. McMurrain said the P&Z Board and City Commission under- stood the relationship. Chairman Thompson informed him that this Board has a different function than other Boards. If that was important, perhaps the City Commission or other Boards would have printed "ownership between the two proper- ties", and the question would take on a different meaning. Mr. Newton asked if the apartments would be rentals or condominiums. Mr. McMurrain answered that they would be rentals. He recalled that he brought up coming before this Board at other Board meetings, and they felt positive of the relationship, which was why he had site plan approvals. Chairman Thompson again asked if there was any proof of ownership between C. & R. and Gerulaitis. When it was - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 originally submitted, Mr. Newbold said the owner's name was C. & R., and the original site plan they sent to him had a legal description covering that whole section. Mr. NeWbold elabOrated. Chairman Thompson reminded the Members that property changes hands very often. Without the wall, people could leave the commercial area and drive through the residential area. Chairman Thompson was concerned about the traffic flow and explained. There was discussion, and Mr. Newbold reminded the Members that this has not been platted, and he shOwed where Catalina Drive is proposed to go. Mr. McMurrain said there is a plat now. Mr. Newbold informed Vice Chairwoman Artis that all of the property in that area had been zoned Planned Unit Develop- ment (PUD). In order for the applicant to build the office building, health club, and all of the commercial endeavors, the applicant requested it be zoned to Commercial, which was approved. It was zoned C-3. Mr. McMurrain stated that the office has been there since they were approved originally. At the time they went through rezoning, they rezoned the shopping center, the hotel, and the office building. The remaining part of it was PUD. What has happened is that Vitas Gerulaitis has come to them and said he would like to have a tennis facility there and a health club in the office building. The office building approlval was 75,000 or 80,000 square feet, so they reduced that to 56,000 square feet. On the ground floor, they pro- pose to put in the health club and tennis facility for Gerulaitis, but he needs the tennis courts to train tennis players. Mr. McMurrain elaborated. In talking to C. & R., they felt it would be a great oppor- tunity to put together an apartment complex around the tennis facility and to use that as an amenity. They wanted to tie the properties together and make a first class facility out of it. Mrs. Lewis asked if the apartments would have long term leases. Mr, McMurrain answered that they would. Mrs. Lewis asked if rental property was not considered commercial. Mr. Newbold answered that it is residential. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Mr. McMurrain said that initially, Gerulaitis wanted 24 tennis courts, and Mr. McMurrain thought there were 17. If Walboyn cannot put the facility together, they stand to lose Gerulaitis. There was discussion about aesthetics and a physical tie between the two. Mr. Newbold reminded Mr. McMurrain that the Building Depart- ment also monitors occupational licenses, and he advised that the City of Boynton Beach prohibits the City Staff from issuing licenses in a residential area. He asked how Gerulaitis proposes 15 tennis courts would be covered in his license if the courts are in a residential zone. Mr. Newbold also questioned how the applicant would keep resi- dents of the apartments from using the tennis courts. He noted Mr. McMurrain kept saying it was a legal matter. Mr. McMurrain answered that the health club will be C-3, and Gerulaitis' occupational license would be for the C-3. Mr. Newbold advised that all of the amenities should be in the same zone. I.n dealing with Carmen Annunziato, Director of Planning, Mr. McMurrain said he was advised they could set up a corporation for non-profit. It would be a non-profit organization that would run the tennis courts. Mr. McMurrain thought it was in the City Code, and he added that the people in the apartments would be able to use those tennis courts. Something could be set up in the leases. Vice Chairwoman Artis noted that two tennis courts were in the commerial area, and the rest of them were in the resi- dential area. In the apartment parcel, Mr. McMurrain pointed out that they exceed the required amenities. They put in the two pools, jogging paths, tennis courts, and volley ball. Chairman Thompson again expressed his concern about traffic going back and forth. N. W. 22nd Avenue is a busy avenue, and it will get busier. There was discussion about roads and the development. Chairman Thompson commented that the applicant was "jamming in" something they did not have space for. In response to Mr. Newbold's request, Mr. McMurrain said the wall they were denied the last time was the wall behind the shopping center near the courtyard. They hoped to have that open so they could look at the lake. Secretary Mearns asked how tall the rental apartments would be. Mr. McMurrain answered that they will be three stories. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 He informed Vice Chairwoman Artis that they will be off of Congress Lakes and added that the zoning for the 466 units had been approved. Mr. Newbold informed Mrs. Lewis that the only way the wall could be eliminated would be if all of the property became commercial. Mr. Mearns asked if there will be a tie in between the leasing of the units and the health club. Mr. McMurrain replied that there would be a tie in, but he did not know exactly what kind. He said they would probably give the units some sort of a discount, and he elaborated. There was discussion. Chairman Thompson was troubled about 400 cars being there and the traffic. He explained and stated that he thought the law that separates residential from commercial in the City was a good one. Since they did not own both pieces of property and could not prove they own it, Chairman Thompson could not go along with the variance. Mr. McMurrain argued that they are the majority owners of the property, and he stated that he would be glad to show that they are at least the 50% owner of the property. They have a joint venture with those people to come in and develop that. Chairman Thompson was aware that joint ventures could be drawn up temporarily, and he felt they were trying to squeeze in 17 courts to bring Gerulaitis' business in. There was further discussion, and Mr. McMurrain stressed that they were trying to tie the uses together instead of having a big block wall. It was not economics. Mr. McMurrain stated he would put landscaping in if he could because it would look much better. Mr. McMurrain argued that the six foot masonry wall would not tie the two parcels together. What they have gone through all the public hearings for will not work because people will not be able to get to the tennis courts. Chairman Thompson interrupted to say they could not have planned without taking into consideration that a wall would have to go across there. There was no way they should have planned leaving the wall out. Now they were saying they had a problem, and that was an after thought. Chairman Thompson gave examples of the same thing. Mr. McMurrain referred to developments, offices and commer- cial with mixed use properties, but he did not think the - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 City of Boynton Beach's Code addresses that. He called attention to the Arvida Park of Commerce, which has multiple uses where everything ties together structure wise and where they have common utilities, roadway systems, amenities, and jogging paths. Chairman Thompson advised that what Mr. McMurrain was referring to was one zoning, and all of those things were done within the one zoning. Here, there were two zones. Mr. McMurrain asked if there is a Zoning Code in Boynton Beach that allows residential and commercial uses to be tied together. Mr. Newbold answered that inside a PUD, there are planned commercials that are compatible with that area, but not like this application. This is C-3 versus a PUD. Mr. Newbold said the City has in-house pre-variance meetings, and he asked Mr. DeLoach if this was addressed again at the meeting the other day. Mr. DeLoach answered affirmatively, and added that it was still looked at as two separate uses. Mr. Newbold said one fact that they pre- sented was how to get rid of the legality of adverse zoning (commercial in a residential zone). Mr. McMurrain answered that he spoke to this at every public hearing, and their site plan was approved. The applicant would never be allowed to do this if it was not felt that this was the correct use and the correct time. Mr. Newbold asked Mr. McMurrain had received his letter from the City Commission. Mr. McMurrain was sure they had and aske~ why the applicant was into the plat. Mr. Newbold answered that most site approvals have comments, and Mr. McMurrain was before the Board now because of those comments. Don Jaeger, Building Department, had several comments. One was the buffer wall and another was the compatibility of zoning. There was discussion, and Mr. McMurrain reiterated that this was a hardship. This was the one comment that would not let them proceed with the development. This will not allow Mr. Gerulaitis to run the health club and the tennis facility. Chairman Thompson again said it was a self-imposed hardship, and he explained. He reminded Mr. McMurrain that the property had been zoned PUD but was rezoned to C-3 at the owner's request. The City allowed the change in zoning to C-3. There was discussion about access to the courts. Vice Chairwoman Artis pointed out that the applicant had asked - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 for the rezoning so they could put an office building there, and now they were asking the Board to go against the zoning they had asked for. Secretary Mearns read the letters that were from C. & R. and Gerulaitis. (Copies of these letters are attached to the original copy of these minutes in the City Clerk's office.) Chairman Thompson asked if anyone wished to speak in favor or in opposition to the request for variance. There was no response, and THE PUBLIC HEARING WAS CLOSED. Mrs. Lewis did not think the applicant had shown that it was not a self-imposed hardship. It seemed to be more of a design problem than anything else. Mrs. Lewis thought there could be some type of facility where the tennis courts are to oversee the running of them, and the general offices could still be where the health club is. Since there was a request for rezoning, Vice Chairwoman Artis could not see how the City imposed the hardship. After some discussion, Chairman Thompson commented that a request had previously been made by the applicant to change the zoning. He thought the granting of a request in zoning that had been in effect since 1975 was pretty big, and he asked Mr. Newbold if there had been many changes in zoning since 1975. Mr. Newbold answered, "No." Now it seemed to Chairman Thompson that the applicant wanted to fill up every bit of space that is there. He felt there was not enough room to accommodate all that is planned there. Chairman Thompson further commented and added that this could be changed at any time. Chairman Thompson drew attention to the fact that there are walls everywhere for good reason, and he gave McDonald's as an example. After elaborating, Chairman Thompson reiterated that this was an after thought to fill in what was left of the applicant's property. Vice Chairwoman Artis understood that when site plans are approved with the conditions that they meet Code. Mr. Newbold confirmed that it is possible for them to be approved subject to conditiOns. This site plan was probably approved, subject to cOnditions. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Should the variance be denied, Mr. Eney wondered if the applicant would have any recourse through the City Commission. Chairman Thompson answered, "No." Mr. Newbold said the applicant could not give the Board enlightment through a document with a legal interpretation *Should be by the City Attorney showing that this is ~ompatible. That permissible. will be an issue, whether there is a wall there or not. The See 3/13/89 Building Department will have to put a license there, if the Minutes. courts are to be a part of that business. Mr. Newbold had no idea how they would put a license in a residential development. Nothing in the Zoning book will permit the Building Department to issue a license to those tennis courts. Vice Chairwoman Artis guessed they would have to be licensed under the residential zone as a part of the complex. Mr. Newbold said then the tennis courts would belong to the units as an amenity to the units, but the tennis courts are not scattered throughout. They are only on the south end because they are to be a part of the club. Mr. Eney felt uncomfortable making a decision, knowing in advance how the project was welcomed by the City, and because of Mr. McMurrain's statements about it passing through the many Boards of the City. Yet, questions asked by Mr. Newbold had not been proven. It seemed to Secretary Mearns that everything was all right with the City with the exception of the buffer wall, which was why it was before this Board. Chairman Thompson agreed. After discussion about the approval of the Boards, Mr. McMurrain stated that the applicant had a notice that they met all of the requirements of the City staff with the exception of the wall. They had an approval, but it was an approval subject to staff comments. Chairman Thompson announced it would take three votes to deny the request and five votes to grant the request. Six members were present tonight, so there was not a full Board. Mrs. Lewis moved to deny the request because the hardship was self-imposed. Vice Chairwoman Artis seconded the motion, and a roll call vote was taken by the Recording Secretary as follows: - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Mr. Eney - Aye Mrs. Lewis - Aye Mr.'Newton - Aye Vice Chairwoman Artis - Aye Chairman Thompson - Aye Secretary Mearns - Aye Motion carried 6-0. The request for variance was DENIED. OTHER Chairman Thompson told the Members they would be seeing a lot of cases similar to this, and there was discussion. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:20 P. M. Patricia Ramseyer (/ Recording Secretary~ (Two Tapes) - 12 - A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP #5 SOUTH, RANGE #3 EAST, PALM BEACH COUNTY, FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A BEARING OF SOUTH 88° 56' 29'" WEST, ALONG THE NORTH LINE OF SECTION 19, A DISTANCE OF 60.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1115 THRU t120, PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 0° 12~ 52" EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS AVENUE A DISTANCE OF 285.12 FEET MORE OR LESS TO THE POINT OF BEGINNING;' THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT OF WAY LINE A DISTANCE OF 958.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE' OF THE L-16 (BOYNTON CANAL); THENCE WITH A BEARING OF SOUTH 88" 57' ~7" WEST, A DISTANCE OF 8~3.01 FEET TO A POINT; THENCE WITH A 01o t~, 21" EAST, A DISTANCE OF 165.#7 FEET TO-A POINT; WITH A BEARING OF NORTH t,t#° ~7' 0g" EAST, A DISTANCE OF t~5.00 TO A POINT; THENCE WITH A BEARING OF NORTH 61° 18' 35" EAST, A OF 92.O1 FEET TO A POINT; THENCE WITH: A BEARING OF NORTH 017 g#' 21" EAST, A DISTANCE OF 292.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH gg° t5' 39" EAST, A DISTANCE OF 128.16 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 67° 00' 00" EAST, A DISTANCE OF t30.18 FEET TO A THENCE WITH A BEARING OF NORTH 03° ~/~' §7" WEST, A DISTANCE OF 1 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 88° 15' 39" WEST, A DISTANCE' OF 70.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH O1° 0#' 21" EAST, A DISTANCE OF 130.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 53° 30' 00" %VEST, A DISTANCE OF. #9.16 FEET TO A POINTi THENCE WITH A BEARING OF NORTH 01° ##' 21:" EAST, A DISTANCE OF 122.90 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 87° 17' 06" EAST, A DIST=A_NCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH $6° 52' 20" EAST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH #3° 32' " _ 36 EAST, A DISTANCE OF 36.37 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 89" #7' 08" EAST, A DISTANCE OF 278.10 FEET TO A POINT; THENCE WITH A BEARING OF NORTH t)#o #7' 08" EAST, A DISTANCE OF 35.36 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONT.,-xlNh G l t).#l ACRES. MORE OR LESS AND SUB3ECT TO EASEMENTS AND RIGHTS C~F WAY OF RECORD. A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 45 SOUTH., RANGE 43 EAST, AND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP #5 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY~ FLORIDA. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO. IMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A BEARING OF SOUTH 85° 56' 29" WEST, ALONG THE NORTH LINE OF SECTION 19, A DISTANCE OF 60.07 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING ON THE W-EST RIGHT OF WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1115 THRU 1120, PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 0° 12' 52" - EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF ~ONGRESS AVENUE A DISTANCE OF 285.12 FEET TO A POINT; THENCE WITH A-BEARING OF 4?' " '- 08 WEST, A DISTANCE OF 35.3:5 FEET TO A POINT; THENCE WITH A BE, OF SOUTH 89° 4 ' 08" 7 WEST, A DISTANCE OF 278.10 FEET TO A-POINT; THENCE WITH A BEARING OF NORTH 03° 3.2' 36" W:EST~ 'A DISTANCE OF 36.37 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 86° 52' 20" WEST, A DIS- -__ TANCE OF 60.00 FEET A POINT; THENCE WITH A BEARING OF NORTH 87° 17' 06" WEST, A OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF NORTH O1° g#' 21" EAST, A DISTANCE OF 831.30 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH g8° 15' 39" EAST, A DISTANCE OF 25#.01 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 08° 50' 22" EAST, A DISTANCE OF 65.20' FEET TO A POINT IN A cURVE BEING CONCAVE NORTH, A RADIUS _OF 600.00 FEET, A CHORD BEARING OF SOUTH 8#°- 00' 39" T, A CENTRAL ANGLE OF 7° I0' 02" 75.05 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH Sg° l§' A DISTANCE OF 199.30 FEET TO A POINT; wiTH a BEARINC; OF 21" EAST, A , IST,A, OF FEET' A POINT; THENCE ~ITH A BEARING OF SOUTH 01. #4 21 EAST, A DISTANCE OF ~;26~.20 FEET TO THE POINT OF BEGINNING. CONTAINING 11.36 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF.WAY OF RECORD. LAW OFFICE R~CH~D H. C~rcr~E~.]~, P. 2k. 8150 GLADES ROAD BOCA R~TON, I~LORIDA (407) 487 - 0701 September 12~, 1988 Vernon Thompson, Jr. Chairman Board of Adjustments City of Boynton Beach Boynton Beach, Florida 33425 Re: Wall Variance at Catalina Centre Dear Mr. Thompson: My client, C.& R. Development Corp., owns the residential parcel of land which is being designed jointly with the Gerulaitis Tennis Resort at Catalina Centre. The owners have jointly endeavored to create a first class project which creates synergism between residential and commercial use. This overall concept is not within the contemplation of the present zoning code due to the requirement of a six foot (6'.) masonry wall between the uses. Our approved site plan locates tennis courts contiguous to both the Tennis Resort (C-3) and the apartment complex (PUD). The existence of a masonry wall where required, would adversely affect the aesthetics, functional layout- and marketability of this innovative development. On this basis, my client respectfully requests that you give due consideration to our applied-for variance in the interest of enabling us to move ahead with a project which we believe will redound to the benefit of the citizenry of Boynton Beach, Florida. ~ ou~ s"~ t ru ly, Ri\c~'a\rdXH. ~:Critchfie]d RHC/cwr CORPORATE TEN NI'S September 12, 1988 Mr. Vernon Thompson, Jr. Chairperson, Board of Adjustment City of Boynton Beach Boynton Beach, Florida 33425 HAND DELIVERED Dear Mr. Thompson: I want to thank the City of Boynton Beach for giving me the opportunity to build the Gerulaitis Tennis Resort. As you know, the main objective of this project is to bring together the hotel, club and apartments into one facility that ranks with the top racquet sports and health clubs in the United States. This concept can not be accomplished due to a zoning code forcing us to put a wall between the club and the apartments. This Wall ordinance will cause undue hardship to the development. I therefore request that the board consider the elimination of the required wall. Than~ you for your continued support. Si ncerely, Vitas Gerutaiti s VG:rao 65i Egret Circle, Delray Beach, FL 33444 -Telephone (407) 272-0ii0 · Fax [407) 272-9150