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Minutes 05-12-86MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY }{ALL, BOYNTON BEACH, FLORIDA, MONDAY, MAY 12, 1986 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman George Ampol, Vice Chairman Robert Gordon, Secretary Lillian Artis George Mearns Paul Slavin Ben Uleck Raymond'Eney, Alternate Danny O'Brien, Alternate Med Kopczynski, Deputy Bldg. Official Chairman Thompson called the meeting to order at 7:05 P. M. and introduced the Members of the Board, Mr. Kopczynski, and the Recording Secretary. He recognized the presence in the audience of Mr. Eney, Alternate Member (Mr. O'Brien had not yet arrived at the meeting); Mayor Nick Cassandra; Vice Mayor Carl Zimmerman; and Bob Fauser, an interested citizen. MINUTES OF APRIL 14, 1986 As there were no additions or corrections to the minutes, the minutes stood approved as received. ANNOUNCEMENTS None. OLD BUSINESS None. Mr. O'Brien entered the meeting at 7:10 P. M. NEW BUSINESS Case ~101 Applicant: Owner: Spada Land Company Request: Frank Spada Proposed Improvement: Relief from Sec. 4J(2) C-3 zoning requirement that fences shall not exceed six (6) feet in height To install barbed wire on top of existing fence for protection of C-3 property - 1 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 12, 1986 Location: 3466 North Old Dixie Highway Delray Beach, Florida 33444 Lot 39, AMENDED PLAT OF TRADEWINDS ESTATES Recorded in Plat Book 21, Page 73 Palm Beach County Records Chairman Thompson pointed out that this Board is not a majority Board. It is a voting Board of seven Members, but any three votes against it will deny the request for variance. Chairman Thompson read the six criteria that the Board takes into consideration when making its judgment. He thought he was correct when he stated that once a decision has been reached, an applicant can only come back after one year has passed. Other than that, the only recourse an applicant would have would be through the Courts. Mr. Gordon read the application and the answers to the six questions asked in paragraph 5. Ronald M. Spada, 764 Avocet Road, Delray Beach, Florida, came forward to represent the applicant, and Chairman Thompson asked him to share with the Board any reasons why they should have a variance for the barbed wire fence. Mr. Spada said they were using the City's legal approach, and he felt very strongly they should go in accordance with the CityWs laws and play it fair. Chairman Thompson informed the Members that the fence was already up, but it was in violation. Secretary Gordon noticed that on top of the six foot fence, the applicant had barbed wire placed in a roll, and he asked if the applicant or a contractor did it. Mr. Spada answered that the applicant did it. Chairman Thompson inquired whether they asked for a permit to do that. Mr. Spada replied that they took out a permit for the fence but did not think at the time that it would be unlawful to have the barbed wire on top. He supposed that showed a little negligence, but they feel they can take care of it now. When they applied for a permit, Mr. $1avin asked if they checked what they would be entitled to do and whether barbed wire was permissible or not. Mr. Spada explained that he stepped into this situation later. His oldest brother, Frank, was taking care of it at that time. Mr. Slavin ques- tioned whether Frank Spada asked any questions. Mr. Spada presumed that he did. Mr. Slavin commented that then he went ahead and violated the City Code knowingly. If those were the facts, Mr. Spada stated that Mr. Slavin was right. - 2 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 12, 1986 Vice Chairman Ampol observed that the property was acquired on July 2, 1984. Mr. Mearns read that Spada Land Company was cited by the Codes Enforcement Board for placing barbed wire atop a six foot high chain link fence and that they admitted to the Codes Enforcement Board that they were aware it is not allowed in a C-3 zoning district. He asked if it was correct that they were aware of it. Mr. Kopczynski interjected that at the Codes Enforcement Board meeting, the applicant was informed that their avenue would be to appear before this Board, and they were given enough time by the Codes Enforcement Board to attempt to obtain a variance to keep the barbed wire there. Chairman Thompson noted that the Codes Enforcement hearing was on February 19, 1986 and wondered when the variance was applied for. Mr. Slavin informed him the variance was applied for on "3-10-86". At that time, Chairman Thompson said they knew they were in violation and were informed to apply for a variance. Chairman Thompson asked if this type of barbed wire is allowed anywhere in the City. Mr. Kopczynski replied that a barbed wire fence is allowed in a Planned Industrial Develop- ment (PID) and in M-1 zoning. Concertina wire per se is not addressed anywhere in the Ordinances. Mr. Slavin noticed that at the time the property was pur- chased, a proposal was made to Spada Land Company by A & A Fences dated April 5, 1985. He was quite sure A & A Fences knew what they could and could not do by way of the City Codes. In Mr. Slavin's opinion, the hardship was self- created. Mr. Spada confirmed Chairman Thompson's statement that Spada Land Company installed the fence, not A & A Fences. Mr. Slavin called attention to the fact that nowhere in the proposal of A & A Fences was there anything about barbed wire or Concertina wire. Chairman Thompson agreed it only mentioned a 6 foot fence. Mr. Slavin reiterated that the hardship was self-imposed. Mr. Spada informed the Board that they kept a six foot fence there for a period of time, but people were stealing things from them. To keep people from coming in their yard, easily hopping over their fence and taking their property, they decided to get a little harsh but did not' feel it would create such chaos and trouble. If they knew that, Mr. Spada - 3 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 12, 1986 thought they would have had a different approach and would have asked for permission. He realized they did wrong and stated not many people would admit that. Mr. Spada told the Members he woUld appreciate their consideration. Chairman Thompson asked if anyone else wished to speak in favor of granting the variance. Mayor Cassandra wanted to speak in general because he helped recommend that Spada Land Company come before this Board for a variance. He told the Board that Frank Spada and the City have been "locking horns" for awhile, as the Members could see in the record. At the Codes Enforcement Board meeting, Ron Spada calmed down his brother and asked what he could do to conform to the City's request. Mayor Cassandra stated that Spada Land Company may still have to move out of the subject property because they are illegal. When they pre- sented their argument, Mr. Kopczynski was the Deputy Building Official that was present, and it was suggested the applicant appear before this Board. Mayor Cassandra was told there is a difference between Concertina wire and barbed wire and pointed out that the City Code does not address Concertina wire. At the Codes Enforcement meeting, he had asked the Codes Enforcement Board to hold off on their fine until he (Cassandra) had a chance to address this Board. Spada Land Company's argument had been that their material was being stolen. Mayor Cassandra did not know if the Police records reflected that or not. Regarding the survival of his business, Mayor Cassandra recalled that Frank Spada presented the argument that he had to put up the barbed wire. Ron Spada had admitted all of the violations and to be fair, Mayor Cassandra felt he (Cassandra) should address the Board. Chairman Thompson asked if anyone else wished to speak in favor or against the granting of the variance. There was no response. Secretary Gordon read a letter from Dudley Langston, General Manager, Langston Bag Co., 3508 North Federal Highway, Delray Beach, which opposed the request as he saw no need for a high security fence. Mr. Langston wrote that their facility is located next door, and they have no fence at all. They feel the purpose of the - 4 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 12, 1986 zoning requirements is to prevent an eyesore in a C-3 area, and the fence extension results in such an eyesore. If one has a heavy industrial usage, they should locate in an area zoned as such. Mr. Langston noted that Spada has been held to be a non- conforming user of the property and hoped their request would be denied. He added that they knew when they built the fence, it should not be over six feet, and they should have sought relief prior to construction. Mr. Uleck informed Chairman Thompson that Concertina is barbed wire. In his opinion, it looks horrible and disgraces the neighborhood. Mr. Uleck added that residential is also there. He moved to deny the variance. Mrs. Artis asked if there was a technicality about the wire. Chairman Thompson advised her that it is barbed wire. That was why he wanted to make sure he saw what he saw, which was barbed wire. By calling it by another name, Mrs. Artis wondered if it would create a technicality. Chairman Thompson explained that it was circular and in a roll and not straight and pulled out. Mr. Mearns asked if the height of the fence was not the main problem, regardless of what kind of wire they used. Chairman Thompson answered that Mr. Mearns' statement was correct. Mr. Ampol commented that the hardship was brought on by the property owner and not the City. Mr. Mearns called attention to the fact that there were many other ways of getting the security the applicant might need. Mr. Spada wished to speak again, and Chairman Thompson told him he would be out of order at this time. Mr. Uleck moved to DENY the request for variance, seconded by Vice Chairman Ampol. Chairman Thompson explained to the Members that an "Aye" vote would be in favor of the motion. A roll call vote on the motion was taken by Mrs. Ramseyer, and the motion carried 7-0. The request for a variance was DENIED. PENDING REQUEST FOR FUTURE MEETING June 9, 1986 Case #102 Address: 2410 S. Federal Highway - 5 - MINUTES-BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA MAY 12, 1986 Owner: Request- Philip Patenaude & Lawrence Drum, Trustees Parking spaces at condominium pool OTHER BUSINESS None. ADJOURNMENT There being no further business to come before the Board, Mr. Slavin moved, seconded by Vice Chairma Ampol, to adjourn. Motion carried 7-0, and the meeting adjourned at 7:38 P. M. Patricia Ramseyer Recording Secretary (One Tape) - 6 -