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Minutes 07-14-87MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA MONDAY, JULY 13, 1987 AT 7:00 P. M. PRESENT Lillian Artis, Vice Chairwoman George Mearns, Secretary Daniel E. Boyar Henrietta Solomon Ben Uleck Janice Lewis, Alternate (Voting) ABSENT Vernon Thompson, Jr. Chairman (Excused) Raymond Eney (Excused) Don Jaeger, Chief Inspector Vice Chairwoman Artis called the meeting to order at 7:00 P. M. and recognized the presence in the audience of former Mayor Carl Zimmerman, Vice Mayor Ralph Marchese, Carmen Annunziato, Director of Planning, and Bill DeBeck, Project Manager. Vice Chairwoman Artis pointed out that this Board does not require a majority to approve an application. Tonight, two Members had excused absences. She introduced the Members of the Board and the Recording Secretary. Chairwoman Artis read the six criteria the Board uses for approving or disapproving an application. MINUTES OF MAY 11, 1987 Mr. Uleck moved to approve the minutes as presented, seconded by Mrs. Solomon. Motion carried 6-0. Case #117 Applicant/ Agent: Request: Proposed Use: Address: Owner: Clois E. Bristo, Coast Line Realty Relief from R-iA zoning requirement of 60 ft. minimum lot frontage to be reduced to 55 ft. lot frontage. Relief from zoning requirement of 7,500 sq. ft. minimum lot area to be reduced to 7,128 sq. ft. lot area. Construction of single family residence 412 'West Ocean Avenue Arden H. and Dolores ~. Hyde - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Legal Description: Lot 25, BOYNTON HEIGHTS, ADDITION #1, recorded in Plat Book 4, Page 7, Palm Beach County Records Secretary Mearns read the application and the responses to the six questions in paragraph 5. Clois E. Bristo, who resides at 2560 S. W. 14th Street, stated that he works with Ann Barrett, Coast Line Realty, 209 North Federal Highway, and was appearing in Mr. Hyde's behalf because Mr. Hyde was out of the City. Mr. Bristo understood that Mr. Hyde purchased the lot before he (Bristo) went with Coast Line. Mr. Hyde now desires to build a suitable residence within the present setbacks and all of the qualifications that go with a lot of this size. Mr. Uleck noted that the lot was purchased in March of 1985 and commented that the purchaser probably did not know the Code was changed in 1976 from a minimum lot frontage of 55 feet to 60 feet. It was Mr. Bristo's understanding that Mr. Hyde was not aware of that, but he could not speak for Mr. Hyde. Mr. Bristo talked to Mr. Hyde before Mr. Hyde left. The property was listed by Coast Line, but Mr. Hyde bought it through another real estate company. Mr. Bristo under- stood Mr. Hyde found out then that it should have been a 60 foot lot. Secretary Mearns asked if the houses were on either side of the lot when Mr. Hyde bought the lot. Mr. Bristo was sure they must have been because when he was out there, the houses looked much older than 1985. Mr. Uleck agreed that the houses were built long before that. Mrs. Solomon noticed that a Coast Line Realty sign is on the lot, and she inquired what the situation is. At the moment, Mr. Bristo said Coast Line Realty has the lot listed because Mr. Hyde could not build on it. Coast Line Realty has not been able to get any buyers, because no one wants to go through the process of getting a variance. They just have not removed the sign. However, Coast Line Realty is still representing Mr. Hyde. Mr. Bristo was not sure whether Mr. Hyde intends to sell the property, once he gets the variance, or build on it. Mrs. Solomon asked what size house Mr. Hyde wants to put on the property. Mr. Bristo replied that they were talking about a two bedroom, two bath home, that would meet all of the requirements under the present setback zones for the 55 foot - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 lot. He explained and said Mr. Hyde was requesting no special privilege for any bigger house than the 7 128 square foot lot would allow. ' Mr. Uleck asked if giving a variance to a real estate company and not an individual was against the City's Code. Mr. Jaeger informed him that the owner of the lot would get the variance. Mr. Bristo explained that Mr. and Mrs. Hyde purchased the property. If the lot is sold after Mr. Hyde gets the variance, Mrs. Lewis asked if the new owner would have to come back and request a variance. Mr. Jaeger replied that the variance would run with the lot. Mr. Mearns had a letter from Mr. and Mrs. Hyde, which granted Mr. Bristo permission to act as their agent. Mr. Uleck looked at the lot and saw a nice home on each side, and a stake with a red flag. He asked whether Mr. Bristo or Mr. Hyde had a surveyor stake the property. Mr. Bristo was not familiar with or aware of the red flag. After discussion about the stake, Mr. Jaeger apprised Mr. Uleck that, on request, the City Utility Department goes out and marks utilities on a site. Mr. Uleck could not see why the Board could not grant a variance, because there is nothing Mr. and Mrs. Hyde can do with the land but build a nice home, which would improve the neighborhood. He would rather see a nice home there than an empty lot. If Mr. and Mrs. Hyde build the house to the full extent of the land, Mrs. Solomon wondered if the house would be so near to the buildings next to it that it would cause a safety hazard. Mr. Jaeger answered, "No." He added that the Hydes would still have to maintain the same setbacks as required in that zoning category. This will meet the Standard Building Code. There is a requirement that the house only take up 40% of the lot, but Mr. Jaeger said Mr. and Mrs. Hyde can get a good size house there and still meet the zoning requirements and the Building Code requirements. Vice Chairwoman Artis asked if anyone wished to speak in favor of granting the variance. There was no response. Vice Chairwoman Artis asked if anyone wished to speak against granting the variance. - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Gary J. Morgenthal, 416 West Ocean Avenue, said his residence is next door, to the west of the lot in question. He objected to the possibility of the Board granting a variance, and read a petition dated July 13, 1987, signed by 16 people, counting his own signature. A copy of said petition is in the apPlicant's file in the Office of the City Clerk. Although Mr. Morgenthal knew notice was given to residents within 400 feet, he did not bother to go to the entire neighborhood. Everyone he asked signed that they were in opposition to the variance. Mr. Morgenthal did not know that anyone woUld be happy with another neighbor, and he did not wonder if he eventually would have found someone who would have been in agreement with the variance. He asked the people closest to his home and the lot and they signed the objection. ' Mr. Morgenthal did not know Mr. and Mrs. Hyde, and he knew the Board considers hardships to the particular persons who own the property because they have purchased it. Mr. Morgenthal did not know if this hardship was to be considered over and above the hardships of possibly the neighbors who live right next door that could be flooded. He did not know if it would take a build up of the property soil line to cause the flooding, but said just the effect of a slab being on the glround and stopping the water from going on down could cause flooding. That was the hardship the people who signed the petition thought may be involved in the neighbor- hood. There is a dip in the road, and everytime it rains, it definitely has curb to curb water. Mr. Morgenthal believed this was before the City Commission about nine years ago. The City installed the French drain system. Mr. Morgenthal said it is the bigger rains they are concerned with, if the lot is not there to absorb this. The first place the rain water goes to is that lot, after it does not go into the French drain, and it will definitely flood two or three homes. Secretary Mearns asked if Mr. Morgenthal had any idea of what the size of the properties are next to the vacant lot. Mr. Morgenthal's lot is the same as the lot that requested the variance (55 feet). He knew there was a wider and more shallow lot on the east side of this lot, because it is a corner lot. Vice Chairwoman Artis reminded the Members that they must keep in mind that they are to consider that the special - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 conditions are not the result of the actions of the appli- cant. Mrs. Solomon inquired how the French drain would be affected if a house is there. She asked if the drain now does the job for the neighbors. Mr. Morgenthal answered that it does not. It helped extensively, and he thought it stopped the possibility of the negnborhood flooding more often in just a small rain, but it did not take away the need to have some other area for the water to go to. If the Members could go there, Mr. Morgenthal said they could see that the French drain does its job on small rains of maybe one, two, or three inches, but if there is any more rain than what falls in a ten hour period, the ground is saturated. Mrs. Lewis asked where the French drain is located. Mr. Morgenthal replied that there was a proposed swale area, because West Ocean Avenue has the old curbs. Instead of removing the curbs and improving the swale area, Mr. Morgenthal said the City laid a French drain that stretches from the front of his house and west about 1½ lots, so it might be 120 feet long. It has helped a lot but has not taken away the need that maybe sometime in the future, some- thing more serious will have to be done. Mr. Morgenthal confirmed Mrs. Lewis' understanding that the water rises above all of the curbing and goes to this lot. Before it even drains into the lot, which is lower than his lot, the water spreads out on the lawns of two homes to the west, his, and across the street. About six front yards get the water at least half way up the walk to the front door with the lot vacant. If something is built on the lot, Mr. Morgenthal said it is definitely going to change the water flow in the area. Mr. Boyar looked at the lot and commented that it is significantly lower than the surrounding lots. This lot dips down quite far, and he could see how it would absorb a lot of water in the event of heavy rain. Also, Mr. Boyar was not sure that the other lots were the same size (55 feet). He had the impression that some were larger and some the same size. The impression Mr. Boyar got was that this lot was smaller than the other lots, and it seemed like it would be difficult to place a house there without having to squeeze it in. Mr. Morgenthal stated that about two blocks to the east of this area is a nice two story wooden frame home at 215 West - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Ocean Avenue, but, unfortunately, it looks like it is squeezed in on the 55 or 60 foot lot. The neighborhood is basically old Florida style homes, and he was afraid if a home is put on this lot, it might affect property values. Mr. Uleck asked why Mr. Morgenthal and his neighbor did not each buy 1/2 of the lot. Then they would have no problems. Mr. Morgenthal answered that he was not approached with that. He thought his neighbor to the east had about eight feet on the side of her home, and he has about 7½ feet. Mr. Morgenthal did not even know if they would be allowed to help the situation by selling or buying some of the property. He said he would not economically be able to buy half of the lot, and he did not know aboUt his neighbor. Mr. Uleck asked if Mr. Morgenthal has a 55 foot lot. Mr. Morgenthal answered affirmatively, but said he could only speak for himself. He knew the homes across the street were figured on 55 feet. Mr. Boyar drew attention to the survey map and pointed out that there is a three foot easement on the east side of the property. He was curious as to how the easement would play a role in their decision. Mr. Uleck advised that it would not make any difference. The easement is for utilities and is on all properties. Mr. Uleck said his neighborhood had to give a five foot easement. Mr. Jaeger informed the Members that a person is not allowed to construct in an easement, but there is a 7½ foot easement in the zoning district anyway. At his house, Mr. Morgenthal said there is an easement in the rear of the property, and there is also one on the side. The one on the east side was the one he was concerned with. Mr. Jaeger said that would not affect construction on this lot. Vice Chairwoman Artis asked the Members to keep in mind that the Board cannot deny a person the use of his property in certain situations. She asked if anyone else wished to speak against the granting of a variance. Capt. Bark Garnse¥, 115 S. W. 3rd Street, was curious about two things. When this property was sold, it was sold in an estate sale. The house on the corner was owned by a lady named Mrs. Dame. When she passed away, the old lots were 25 or 27½ feet, as they were cut into strips. On the west side were two lots, which made a width of 55 feet. On the south side were three lots, which made her house and his 75 feet wide. - 6 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 At the time, Capt. Garnsey inquired of the realtor whether someone could build if they bought the lot. The realtor said they could, because the lot was 75 feet wide. Subse- quently, Capt. Garnsey purchased the property to alleviate the possibility of someone buying the lot and building a rental property. He was told at the time by the realtor that no one had to worry about the lot to the west of the lot in question because no one would be able to build on it. The main question Capt. Garnsey had was if a realtor told a young, married couple they could build a home on the property, and then they would run into this problem. He did not think anybody would like to see that. Capt. Garnsey thought Mr. Hyde was buying the property to resell or rent it. Personally speaking, he thought that would put a different light on the subject. ViCe Chairwoman Artis informed Capt. Garnsey that the Board would have nothing to do with what Mr. Hyde's intentions are. No one can build on the lot, as it stands. However, if the variance is approved, it would give the Hydes the right to build upon the lot. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. Uleck pointed out that the entire block has 55 foot lots except the corner house on the east. The one on the corner must have six 25 foot lots. Mr. Uleck reiterated that he could not see why the Board could not grant a variance. He saw a hardship, where the Board should give a variance. The new owners will build a home according to the City Code. Mr. Mearns stated that the property is landlocked. He did not think the drainage had any bearing on it at all. To deny the request would be tantamount to confiscation of property, and Mr. Mearns could see no reason why they could not approve the variance. Vice Chairwoman Artis told the Members to keep in mind whether the special conditions which exist were caused by the applicant or by an agency. In this case, the property is landlocked. What the applicant intends to do with the property is not a concern of the Board and has nothing to do with the variance. Mr. Uleck moved to grant the variance, seconded by Mrs. Solomon. A roll call vote on the motion was taken by Mrs. Ramseyer, as requested by Vice Chairwoman Artis: - 7 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Mr. Boyar Mr. Uleck Vice Chairwoman Artis Secretary Mearns Mrs. Solomon Mrs. Lewis Nay Aye Aye Aye Aye Aye Motion carried 5-1. Vice Chairwoman Artis announced that the variance was granted. She added that five votes are required to grant a variance. Case #118 Applicant: Owner- Request: Proposed Use: Location: Legal Description: Carmen S. Annunziato, Planning Director City of Boynton Beach City of Boynton Beach Eliminate zoning requirement of 25 ft. front yard setback to be reduced to 0 ft. front yard setback City parking garage N. E. 1st Street and N. E. 1st Avenue Lots 2 through 25, BOYNTON CENTER, recorded in Plat Book 8, Page 12, Palm Beach County Records. Secretary Mearns read the application. Mr. Annunziato said he was representing the City. Several years ago, the City taxpayers approved a General Obligation Bond to improve the City's facilities. One of the improvements was an expansion of the City's Police station and an expansion of the City's Fire station. Coupled with that was the need to create parking and a secure sallyport. Mr. Annunziato directed the Board's attention to the site plan of City Hall. He then introduced Bill DeBeck, City Project Manager. Vice Chairwoman Artis interrupted so that Secretary Mearns could read the six answers to question 5 of the application. Mr. Annunziato led the Members through the site plan of the municipal complex. To the north was Boynton Beach Boulevard. To the south was N. E. 1st Avenue. To the east was N. E. 1st Street, and to the West was Seacrest Boulevard. The ~parking garage will be located in the southeast corner, adjacent to the current Police Station. The parking garage will tie into the Police Station at several locations, including the sallyport, which will be located next to where - 8 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 the future jail cells or holding cells will be located in the Police station. Mr. Annunziato said this fit into the City's plans for the utilization of the lands on this block, where the school is located (which will sometime in the near future become City of Boynton Beach property), the land where the Civic Center is~now, and the Library. The existence of streets as we see them today, i.e., N. E. 1st Avenue, may remain as a driveway, but they will not remain as rights-of-way. N. E. 1st Avenue, when abandoned, will negate the need for the setback, as it will be private property owned by the City. Mr. Annunziato said the need to construct the parking garage was based in great part upon the need to create park- ing, and he explained. This was the only way the City could find to meet the requirements imposed by the additions of the Police and Fire stations. If the Board did not grant the variance, it would result in the loss of 14 parking spaces, which Mr. Annunziato said are most definitely needed. Mr. Annunziato said this was a unique problem, and it will not be associated with any other project in the public utili- zation zoning classification. He felt it met the criteria for the granting of a variance. Secretary Mearns asked if this would create any traffic problem or any problem for public safety. Mr. Annunziato did not believe so. There was discussion, and Mr. Annunziato reiterated prior statements. Mrs. Solomon referred to N. E. 1st Avenue being abandoned in the future and asked, "When is the future?" Mr. Annunziato replied that it depended on when the City gets control of the School Board's property. Mrs. Solomon asked if the City was in the process of doing something about the school. Mr. Annunziato answered that informal contacts have been made both ways. The common practice of the School Board is that when the schools are replaced, the coastal elementary schools are taken out of service. Mr. Annunziato said these master plans have been drawn up for years, and the City sees the whole thing being a municipal complex from Boynton Beach Boulevard south to the Library. Mr. Annunziato informed Mr. Boyar that he was quite sure N. E. 1st Avenue would be abandoned. - 9 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 As no one else wished to speak in favor of or against the granting of the variance, THE PUBLIC HEARING WAS CLOSED. Mrs. Solomon moved to grant the variance. Mr. Jaeger agreed with Mr. Uleck that the motion should be spelled out. Mrs. Solomon changed her motion and moved for the elimination of the front setback from N. E. 1st Avenue for a proposed City parking garage, so a variance of 25 feet would be granted. Mrs. Lewis seconded the motion. A roll call vote on the motion was taken by Mrs. Ramseyer: Mr. Uleck Vice Chairwoman Artis Secretary Mearns Mrs. Solomon Mrs. Lewis Mr. Boyar Motion carried 6-0. Aye Aye Aye Aye Aye Case #119 Applicant: Owner: Request: Proposed Use: Location: Legal Description: Carmen Annunziato, Planning Director City of Boynton Beach City of Boynton Beach Relief from zoning requirement of 6 ft. fence and buffer wall to be increased to 10 ft. fence and buffer wall Construct perimeter buffer wall/security fence for new Public Works complex 222 N. E. 9th Avenue Lots 1 through 7, CONGRESS GROVE, recorded in Plat Book 13, Page 63, Palm Beach County Records Lots 121 through 144, ARDEN PARK, recorded in Plat Book 2, Page 96, Palm Beach County Records Secretary Mearns read the application and responses to para- graph 5. Mr. Annunziato thought everyone in the room would admit the Public Works complex is inadequate in its current form to serve the City. At best, it is a poor neighbor to the residents in the area. This was ~ecognized in the City's Comprehensive Plan that was adopted in December, 1986. Mr. - 10 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Annunziato elaborated and then said the City should make an effort to screen the property from the surrounding neighbor- hood and landscape the site. Tonight, he was presenting a plan in connection with the redevelopment of the site. Mr. Annunziato said a series of new buildings is proposed, and a lot of money will be spent to reduce the negative impact of the Public Works facility on the surrounding neighbors. Proposed to the northeast and all along N. E. 1st Street is a ten foot wall, which will protect the property owners to the west. On the outside of the wall will be landscaping, and it will turn the corner and project eastward on N. E, 9th Avenue to what is the existing first driveway now. The second aspect of the request for variance was a ten foot fence, that Mr. Annunziato said forms the property boundary, which is located to the south of the proposed Public Works complex, and to the east, which separates the Day Care Center from the Public Works facility. This also will be landscaped with a hedge and a vine, which will provide a visual buffer of the facility. The dumpsters, wrecked cars, and all that makes the Public Works facility an inadequate neighborhood will be gone. They will be replaced by new buildings, landscaped parking, ten foot walls for security and privacy. Mr. Annunziato said there will be controlled ingress and egress to the site, so the City can protect the valuable investments made in terms of equipment and materials stored at the site. Mr. Annunziato said a new kind of supply facility will be constructed. The City's general supplies will almost be marketed out of that building. Accounts will be run by the various departments and charged against their budgets for all of the supplies. Mr. Annunziato explained and added that it will be the central store for the entire City. Mr. Annunziato believed the variances proposed were necessary for the City to meet the charge given to it in the Compre- hensive Plan. He elaborated and then said that the ten foot high fences and walls will form a visual screen for the activities that are conducted in the facility. The added security is also something that is very important as the City continues to grow. Mr. Annunziato explained. He continued by saying there will be landscaping outside of the wall and adjacent to the fence on the outside, as well as in the interior of the public works facility. - 11 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Mr. Uleck asked if the fence will be a chain link fence. He also wondered what part would be concrete block. Mr. DeBeck showed on the plan where the block wall and the fence would be. Mr. Annunziato informed Mr. Uleck that it will be a chain link fence and the wall Will be a ten foot concrete block wall. Mr. Uleck asked if the wall will be 2'4" thick. Mr. DeBeck replied that it would not, and he explained that was only the reenforced section. Mr. Boyar asked why there would be a fence in one area and a concrete wall in another area. Mr. DeBeck showed the only areas where someone would be next to the complex. He stated that a fence looks like you are trying to keep somebody out,, and a Wall usually is for keeping something in. The Wall will be 50% covered by tall trees and very tall sections of landscaping. All people will see will be about a 20 foot section of wall in between the landscaping along N. E. 1st Street on the west side. Mr. Boyar asked how wide the property is that will be landscaped next to the wall. Mr. DeBeck answered that it is five feet all the way around. The landscaping is outside in both cases. Mr. DeBeck clarified that it is a five foot wide landscape strip with a low hedge. The vines will be grown into the fence itself. Mr. Annunziato interjected that the City has exceeded the Landscaping Code requirements to the south and the east. Mrs. Solomon inquired whether the fence was adequate, and she questioned whether they would also want a wall on the other side. Mr. Annunziato replied that a wall is very expensive, and a fence also offers more of an aesthetic presentation to the street. Mrs. Solomon asked if aesthetics were considered more than safety. Mr. Annunziato thought they could get the same amount of safety. Mr. Mearns pointed out that a church and residential property were on the other side of the wall. Mr. DeBeck said the City will surely be developing the whole area on the side of the Child Care Center, and he explained. Mr. Annunziato added that it will be a tremendous improvement over what exists. Mr. Boyar commented that one advantage of having, the chain link fence to the east is that the prevail- lng winds come from the east. A wall would not let as much of a breeze come through. Vice Chairwoman Artis asked if anyone else wished to speak in favor of granting the variance. There was no response. - 12 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 Vice Chairwoman Artis asked if anyone wished to speak in opposition to the granting of the variance. Irene Mahome, 211 N. E. 7th Avenue, said she lives south of the building that is going up. She was speaking more as a concerned citizen, and she thought the proposed complex would take care of what she had come for. The alleyway is being abandoned. Ms. Mahome has tried to get the City to do some- thing about it, and has never been able to get anywhere. With reference to the landscaping, Ms. Mahome noticed a vine will be put there, and she said lots of vines are already there, and it is hard to get rid of them. They are on her property and the property to the east. Ms. Mahome understood the property boundaries would be moved, and she asked if she would have to remove what is already there. Mr. Annunziato informed the Members that the City is also processing an abandonment application for the alleys which are situated between Ms. Mahome's property and the City's Public Works facility. Right now, there is a 20 foot alley and a ten foot alley, as you go from west to east. Because of two different subdivisions, they were platted differently. A public hearing will be conducted tomorrow night before the Planning and ZOning Board related to the abandonment of the alleys, and the City Commission will act on that request on the 21st of this month. As a part of the City's development of this site, the City Manager asked through Mr. DeBeck, that the City come in and clear the alleys as a part of the construction program to put the fence and hedge in. Mr. Annunziato suggested that might offer some relief to Ms. Mahome. Ms. Mahone asked if the City is going to clean up the property. Mr. Annunziato replied that was what he was told. Vice Chairwoman Artis thought Ms. Mahone's other question was who would maintain it. Mr. Annunziato answered that if an abandonment occurs, State law requires that the road be split down the middle, with the adjoining property owners gaining ownership to the middle on either side. The City will be maintaining its property, which will be the hedge, fence, and everything north of it. The property owners who gain that property own it from that point south, and it would become their responsibility for maintenance over the years. Ms. Mahome said she already has a fence up, and she asked if she would have to move the fence. Mr. Annunziato advised - 13 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 that she will not need a fence. The fence will be a fence on the City's property. Mr. Annunziato informed Ms. Mahome that she will become the owner of that property. Vice Chairwoman Artis asked if the property Mr. Annunziato was speaking of was the easement or parcel of land that belonged to the people, which they could not use because it had to be left for utility purposes. Now the people will be regaining that property. Mr. Annunziato confirmed that the people will be getting that property back. It will be joined to their property as owned land. Ms. Mahome said Florida Power & Light (FP&L) Company has a big transformer in the back, and she wondered Wh~F~OUld be responsible for that. Mr. Annunziato answered, &L must still maintain their facilities.,, Ms. Mahome said FP&L has not done anything. Vice Chairwoman Artis advised that Ms Mahome should complain to FP&L. ' Mrs. Solomon observed that Ms. Mahome was also concerned about the vines the City is planning to plant. She assumed there has been some kind of problem regarding them. Mr. Annunziato responded that the vines Ms. Mahome was talking about are wild vines, growing in the alley. The City was talking about vines placed at the base of a fence, which will grow up the fence. It will be the City's responsibility to maintain those vines. Mr. DeBeck thought Ms. Mahome had a legitimate complaint, because it looks like an overgrown jungle. He assured her that this area will be a landscaped area, and he explained. Mr. Annunziato apprised the Members that it is an unimproved alley, and the issues of abandonment will be addressed by the P&Z Board and the City Commission. Everything will be explored (who owns, controls, and maintains). The issue before this Board was the height of the wall and the fence. Ms. Mahome informed Mr. Uleck that her lot is Lot 14, Sutton Manor. Vice Chairwoman Artis told Ms. Mahome her questions would be answered directly at the P&Z Board meeting tomorrow night. Vice Chairwoman Artis again asked if anyone wished to speak in opposition to the granting of the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. Concerning the landscaping around the exterior of the wall and the fence, Mr. Boyar said a residential area is adjacent - 14 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 13, 1987 to this complex. In the application, there is mention of enhanced perimeter landscaping. Mr. Boyar was concerned with exactly what this meant, particularly with regard to the ten foot wall that will run along N. E. ist Street on the west side of the complex. There will be a high wall and a high fence, and it can be an eyesore. Mr. Annunziato had a landscaping plan, which he showed and explained to the Board, Mr. Boyar was informed that there will be trees, and Mr. DeBeck pointed out the full grown Mahogany treeS and the Windmill Palms. Mr. Boyar asked if they were utilizing mostly native vegetation. Mr. Annunziato answered affirmatively. Mr. DeBeck said a lot of the plantings are from the marina site. There will be Royal Palms and Washingtonians. They will be tall trees. Mr. Boyar's concern was the wall along the main strip. He thought they might want to put in more trees than were pictured to make it less of an eyesore. Mr. DeBeck again explained the landscape plan. Mr. Annunziato said the Sea Mist Marina agreed to give their Royal Palms to the City, and they will be transplanted on the site. He and Mr. DeBeck repeated prior statements. Mr. Boyar wanted to know how many trees would be going in there. Mr. Annunziato and Mr. DeBeck further explained. AlthoUgh Mr. Boyar recognized it was a vast improvement, he was concerned whether there would be enough vegetation to cover the wall and make it appropriate for the residences. Mr. Annunziato advised that the Community Appearance Board and the P&Z Board would be reviewing the plans. Vice Chairwoman Artis asked the Members to keep in mind that they were only to deal with the variance that was requested. The other issues will be decided by other Boards. Mr. Boyar moved to grant the variance, seconded by Secretary Mearns. Mrs. Ramseyer took a roll call vote on the motion: Vice Chairwoman Artis Secretary Mearns Mrs. Solomon Mrs. Lewis Mr. Boyar Mr. Uleck Motion carried 6-0. Aye Aye Aye Aye Aye Aye - 15 - MINUTES-BOARD OF ADJUSTMENT BOYNTONBEACH, FLORIDA JULY 13, 1987 ADJOURNMENT There being no further bUsiness to come before the Board, the meeting adjourned at 8:35 P. M. - 16 -