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Minutes 11-08-82MINUTES OF THE BOARD OF ADJUSTMENT MEETING AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEmbER 8, 1982 AT 7:00 P.M. PRESENT Carl Zimmerman, Chairman Vernon Thompson, Jr., Vice Chairman Robert Gordon, Secretary George Ampol Nick Cassandra Anthony DiSarli Paul Slavin Lillian Artis, Alternate ABSENT Louis Reiser, Alternate (Excused) Bert Keehr, Deputy Building Official City of Boynton Beach Chairman Zimmerman called the meeting to order at 7:00 P.M. and introduced the seven members present and one alternate. Mr. Louis Reiser, Alternate, was excused because of his recent injury. The Chairman also acknowledged the presence of Bert Keehr, Deputy Building Official and Virginia Jackson, Recording Secretary. Councilman Joe deLong was recognized in the audience. ANNOUNCEMENTS Chairman Zimmerman reminded the Board about the Board Dinner. He asked that they sign up, if they wanted to sit together as a Board. ~INUTES OF 'OCTOBER 11, 1982 Hearing no omissions or corrections, Mr. George Ampol moved to approve the minutes as presented. Motion seconded by Mr. Robert Gordon and carried 6-0 with one abstention, Mr. Paul Slavin, who did not attend the last meeting. PUBLIC HEARING Mr. Robert Gordon moved to amend the order of business and to hold the hearing' on the Mall parcel first. Motion seconded by Mr. Anthony DiSarli and carried 7-0. The Chairman noted that the order of the Agenda as amended would be: MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 A. Mall Parcel B. Nixon Request C. Ferrell Request D. Viselli Request Chairman Zimmerman continued to advise the procedure to be followed. First would be the summarization of the application by the Board Secretary. Second, the applicant or his agent would come to the microphone and further explain the application. This same person will have a chance for rebuttal at the end, if necessary. Third, any letters received concerning the application will be read by the Board Secretary. Fourth, anyone in the audience ~ho' wishes to speak in favor of granting the variance, would have an opportunity to come to the microphone and likewise, when those were all heard, anyone opposing the variance will have the same opportunity to be heard. Mr. Zimmerman cautioned those that planned to speak, to be restrictive in their remarks, because the Board could only consider the six (6) items in evaluating the pros and cons of each request. After the closing the Public Hearing, then the Board Members will consider the facts. An affirmative vote of five (5) members is necessary to grant a variance. The six (6) conditions as mentioned previously was read by the Chairman: b) c) d~ el f) That a special condition ~or circumstance Should3~exist that would create a hardship. That this condition was not caused by the applicant. That the applicant will not be granted any special privileges. That we should not try to deprive the applicant of the rights of other property holders in that district. That in granting a variance, we should consider only the minimum variance necessary. That any change we would make here will be harmonious and not injurious to other people living in the area. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 With that summarization, Secretary Gordon presented the following application: A 108.4 acre parcel, being a tract of land located in Section 19, Township 45 South, Range 43 East; County of Palm Beach, Florida. Location: 801 North Congress Avenue Boynton Beach, Florida Presently Zoned: Palm Beach County CG ~ General Commercial and AG ..... Agricultural Requested Variance: Eliminate required construction of a 6 ft. masonry wall (Section 4(L)) of Boynton Beach Zoning Regulations. Statement of Special Conditions, HardShips or Reasons: Developer will maintain vegetative buffer strip along entire frontage of property along Javert Street between Old Boynton Road and the drainage canal. Additional buffers are a chain link fence and a retention pond. Proposed Improvement: Regional Shopping Mall Applicant: Boynton Beach Mall David S. Pressly, EsQuire, Agent c/o Moyle, Jones & Flanigan, P.A. 707 North Flagler Drive (P. O. Box 3888) West Palm Beach, Florida 33402 The Chairman called Mr. David S. Pressly to the microphone. Mr. Dick Greco, Vice President of Edward J. DeBartolo Corporation came forward since Attorney Pressly had not arrived yet. Mr. Greco introduced Mr. Dave Curl, an engineer of the DeBartolo firm who assisted in presenting the displays. Mr. Greco reviewed the drawing for the Board indicating approximately 1,000,000 square feet in the shopping center with five (5) major department stores and over 100 smaller stores for lease. - 3 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 They pointed to the Mall site and said the stores would be something like Jordan Marsh, Zayre's, Penney's, MacyY!s, etc. Mr. Greco explained that when they initially started the project, the property was in the County. They made application to the City for annexation into Boynton Beach. Mr. Greco said he would answer any questions that the audience may have on anything that may not be brought up at ~he meeting and would wait outside afterward to do so. Mr. Greco stated that the County ordinance does not require the developer to put up a wall of any kind, along Javert Street. He pointed to Old Boynton Road at.one end and the Canal at the other end, about 1,200 feet. The other piece of property, seen beyond that, which was north, is approximately seven (7) acres that will remain in the County. That is just open space. That is not going to be zoned. It is just being lef~ that way. That's the deal that they made basical~i~-~ri~hthe.County and they are leaving it that way ~elative to the Cit~ so nothing will be built there. It is just a piece of land for open space which is about seven (7) acres. One thing that was brought up tonight, the street takes a little jo~ at the canal there. It jogs into Javert Street about 20 feet right there../(depicting map) They had agreed to give to the County, should they want to widen Javert Street. He knew that most of the people now want to get that paved. If, in fact the City wants that 20 feet, Mr. Greco said that as far as they were concerned, they would go on record here as saying they would give ~'f~.in the event the City wants to widen that street or repave it. He felt they had ample room on the other side of the canal, in other words, south of the-~anal. That little 20 ft. jog ~ou~d'b~r.gi~sn~ to the County because that remains in the County~ that~not being changed. That is County land and they a~ready agreed to give the 20 ft. They will put that in the stipulation with the City also,so that they will know. Because the City requires a wall adjacent to"residential, Mr. Greco said that normally, the normal situation inside the City is, it would be absolutely adjacent to perhaps where people live, like a 7-11 store or something backing up to - 4 - MINUTES - BOARD OF· ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 someone's backyard. That six foot wall would certainly be in order there if you COuldn,tplant trees;that might take several years. In'the case of this'particular thing, we could put. up a 6 ft. wall~ some people would prefer to have the foliage; some wouldn't; some wanted the foliage and the wall; some wanted the property so no~on~ecould walk through. There are people in the neighborhood that say, "Well, we like to be able to walk through." They have had that situation in several malls ~g%i-ch they have built. For instance,where they have had residential abutting their mall, they would like a walkway or a pathway. 'I~..~is' immaterial to them that people in the neighborhood prefer to have something of that nature, they could leave a particular place just for your neighbors to walk through. "If the majority of you do not want that., we will make it where you canhotw~lk through. It's immaterial to us.", stated Mr. Greco. Mr. Greco spoke about the foliage. ~Mimose[~iTrees ~ ~ - '~ shed their leaves in the winter. The Brazilian Pepper, almost 100% buffers,as far as they are concerned and he thought ~h~t the other people in .the neighborhood felt the same way. Brazilian Pepper doesn't die back in the winter. You can trim it, and it comes right back. It is very thick; 50 or 60 ft. thick and you '~an't see anything?. In addition to that particular buffer, we are going to put a 6 ft. chain link fence totally around the retention pond that we are building. Dave will show you. In other words, that entire thing right there will be a lake. We are going to put a 6 ft. cha[n link fence all the way around i%. From Javert Street to where the perimeter road starts, there is 190 ft. with a lake between. The 50 ft lot where you live is almost four building lots about 4 houses down from you where even the dirt road starts. Plus, you have anywhere from 20 to 60 ft. of Brazilian Pepper and a 6 ft. fence. The property line is basically where the Brazilian Peppe~ are and his feeling was that it would be"kind of crazy to go in there and tear all those out and stick up a wall.i~ Then you would have a lake and the whole bit and it would seem better to have the opaque bushes that are there, and we will keep them trim,if that is a concern. Mr. Greco said they have 24 hour maintenance, they sweep the place etc.and mentioned the other Malls, Miami International, the one in West Palm Beach, They have their own sweeping system and they. have their own people to take care of the groundS. They do it constantly, not just something that they le~go. - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 He referred to smaller places which do not have the means to do this. Mr. ~Greco said they have 24 hour security, 24 hour maintenance, sweep the floors inside every night; they have a street sweeper that does the entire parking lot; this type of thing. He said the City would be amply covered, in the event that they would build a 6 ft. wall right on the property line, which would mean taking a bulldozer and~.uALLlf~g~d~n~:~l.1 those plants. You would be looking right at that wall. The other way, you won't even know there is a Mall there. He believed most of the property owners want their road paved and this probably will happen with the advent of building this Mall. Mr. Greco asked his~associate to .~shdw..~ -where~ Javert Street is on the rendering. M~'~Gr~c~i~ued,~,[Wea?e..looking St~aigh~.~the"streetat the cut-away. The green part is where the pepper and stuff are now which you can trim up so you canhdt -~ see through. When they get thicker, we will keep ~hsm trimmed;you don't have to worry about that, explained Mr. Dave~Cu~l.~ He said there was a 6 ft. chain link fence right behind it ~s~'~nc~necah.~make~a~!k~hr~Qugh~unless thecCity[~e~ one area or something of that nature; they can accommodate that perhaps at the end of the lake somewhere. If they don't want that there, then they will fence it all the way down to the water so that nobody can get through. Mr. Greco addressed the audience. He continued, it slopes down and then you have the lake, slopes back up again, then you have landscaping on the other side, we will put in trees- shrubbery. Then the perimeter road, then the parking - normally the parking layout in the back doesn't get used that much. He said that usually people park as close to the store as they can get. Christmas and times like that the property fills up a lot,but for the most part, they have to have by law, ample amount of space to handle large crowds. Their company has about 47 of these (Malls) around the country. There are thirteen (13) in Florida right now. They are open and he was sure that the audience has seen many of them. Some of the new ones are even better looking-than West Palm Beach Mall. They just opened one in Melbourne. Mr. Greco suggested that if anyone is over that way to stop and take a look at it. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Greco said it was good looking. He added that Miami International is brand new and opened recently, and this will be a reasonable facsimile. DeBartolo Corporation has been in this business a long, long~ time, and they have about 1/4 million parking spaces around the country. They have done this many, many times and he thought if you called any city where they have one, "there isn't a problem." The people are very happy with them. He has worked on them for the last nine (9) years. He didn't think anybody had ever complained, after the fact. He thought everybody would be pleased with it. Mr. Greco stated that if it were his own personal property, he would rather have something that you could not see through at all. If, in fact, the Mall were right up against the street, or something of that nature, it might be a different story, but you're talking about having seven (7) acres of land on one side - when the Mall is there 190 ft., a lake which slopes down on the other side, and they will keep the bushes cut with their own maintenance crew. Again, Mr. Greco emphasized, "You are welcome to look at any of our properties. They look real good..'' He said if the Board would prefer to have a wall, they would bulldoze down what is there and stick a wall in the back, but he thought~ it wouldn't look as nice as something that is already green. You couldn't grow, unless you plant a Brazilian Pepper or Australian Pine, or something of that nature - something that would be opaque, would take several years. Mr. Greco thought they have more than ample buffer and asked for any questions from the audience. Mr. Nick Cassandra had a question re Buffer Walls. He referred to the Boynton Beach Code of Ordinances, Section 4 L BUFFER WALLS: "For. new construction or major modifications to existing developments, where a co~nercial and/or industrial dis~trict abuts a residential district, a solid decorative masonry wall at least six (6). feet in height shall be located within the required side and/or rear yards except with respect to corner lots said buffer %~11 shall be required only on interior lot lines. Said buffer wall shall not abridge any easement rights or be constructed over any MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8,1982 existing utilities in any easement area. With respect to the C-1 (Office and Con~ercial Professional District) the solid masonry wall may be replaced with a dense vegetative buffer of at least .two (2) feet in height at the time of planting. Said vegetati.ve buffer to be maintained by the pro~ect developer, etc." Mr. Cassandra asked why a variance is required when they already have two (2) feet vegetative replacement. Mr.-Bert K ee hr said that portion of the Ordinance only deals with C-1 Commercial Property which is a low profile business. This property happens to be zoned C-3 so that portion of the ordinance is not effected. Mr. Cassandra mentioned that he dHove down this road and saw holes ~the vegetation. He was concerned aS%o whether the holes would be filled in with some form of vegetation. Mr. Greco thought there were two that they would do. Mr. Cassandra spoke about the vegetation and asked if they would be able to see through it and asked how dense it would be. Mr. Greco explained that was just the point. The ordinance read relative to C-1 which is applicable to almost every city in the Country - they would sometimes require walls, sometimes require a plant'that is capable of growing to be opaque in a certain amount of time. He would say that if you plant something that is 2 feet high; it would take years to look like ~that place looks right now. They will plant suita~e.mate~ial that would become opaque, That's why Mr. Greco said he would hate to take out anything ~ersonally). It WoUld be different if this were a C-1 situation. Mr. Cassandra asked what they would do if the vegetation dies. Me said-~ if it died, he hoped they would maintain i~. - 8 - MINUTES - BOARD OF ADJUSTMENT BOY~TON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. George Ampol asked if their engineers stabilized that soil in any manner. The soil that they are going to build on;he meant where the Mall is. Mr. Pressly replied that as far as the muck is concerned, it has been removed and there will probably be some in the building area itself. Mr. Ampol wished to know if they planned to concrete or black top ,~-~ the parking lots. Mr. Greco replied "black top" Mr. Paul Slavin asked "Why the aversion to the buffer wall?" Mr. Greco replied that they just thought it was a waste and that they hate to tear down something that you can't see through which is already there. It would take years to grow something like that back. The other way, you just have a 6 ft. wall sticking up there. This way, you have a wall, you've answered the question of people walking through by hav~ngaa.~6~£~' chain link fence which we would have to put up anyway because of the lake. You have a lake; you have a shoulder on both sides of that, 190' from the street we'll give you 20' on the other side i~the City ever needs to to widen it. Mr. Greco said, "It just seems crazy to take a bulldOzer and knock down something that absolutely obliterates it with the exception of two or three spots that we'll plant in". Chairman Zimmerman asked if any other members of the Board had any questions for the applicants. There being none, he said the Board would proceed then to have anyone from the audience speak that is in favor of granting this variance. There was no response from th---e--audience. Chairman Zimmerman called for any responses from those in the audience 9~ainst granting this variance. Mr. Boyd Kohl of 363~ Noreen Avenue came forward saying he was"right in the middle." He said he is right on the south side of the so-called drainage canal. He was quite apprehensive prior to coming to this meeting and he notified all the residents in what they call "Pine Acres Estates". Known in the plat book as Lot 1, Plat 2 B and 2 C. However, he had mixed emotions especially so since they had already ironed all this out in the County Commission Chambers with - 9 - MINUTES - BOARD OF ADJUSTmeNT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 the advent of the annexation of this property into the City of Boynton Beach. This then presented a different problem. His primary concern.is0 (likelthegentlemen on the end saidl ~ - and I drive this every day, and so do my neighbors; he went to the third street, (he should have gone all the way to the Boynton Canal~ However, Mr. Greco did make a statement, which he thought was in the record now~Mr~ Kohl said,"We do want that additional 20 feet. We have 40 feet from the Old Boynton Road to the drainage canal (which is that dark portion along the retention pond). From the drainage canal back to the Boynton Canal, we only have 20 feet. We had agreed in the County Commission Chambers that they would. give us 20 feet so we could have our Javert Street paved all the way to the Boynton Canal. That was my primary concern. I have to speak honestly in faVor of not putting up the cement wall because I hate the concrete jungle. I hate Walking in cement! I love trees. I love vegetation. The trees and vegetation will give us more dust and sound buffer than a cement wall will. I am concerned that one or two of the residents might want an access to or from Pine Acres to the ~all. I personally do not. I am not speaking for them, I~m speaking for myself." Mr. Kohl continued that he would like to see that fence go at least to the drainage canal. The drainage canal itself will be a buffer in this zone~which will help keep their area clean and free which is"what we are concerned with" There was another item which Mr. Kohl wanted to address at the meeting, although he felt it proPerly should not be addressed a this meeting. He wanted Mr. Greco to put it in the record, if he would. The access road from the Mall to'Old Boynton Road to New Boynton Road - they were told when this was presented to him in the County Commission's Chambers, that it would be approximately half way between Javert Street and Congress, going south from the Old Boynton Road to the New ~oynton Road - he would like that to be considered. He wasn't sure he saw the two exits. After looking, he did see one exit near Javert .and and one exit near Congress. But he didn't see where the new road is going from Old Boynton Road to New Boynton Road. Mr. Greco proceeded to point these designated areas out to Mr. Boyd Kohl. Mr. Kohl said "That would continue on to New Boynton Road? Great~ Thank you." He said that was a great relief right there. - 10 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Kohl told the Board that he had nothing else to say except that he appreciated the opportunity to speak to this group and to express his opinion. He thought perhaps his other neighbors had something else to say. Chairman Zimmerman asked Mr. Kohl to remain for just a moment to give any of the Board Mem~san Opportunity to question Mr. Kohl, if they wanted to. Chairman Zimmerman noted that in regard to the widening of that right-of-way, west of the seven (7) acres, to be maintained in its natural state, that is in the County and that right-of-way is in the County. That would have to be handled through the County. Mr. Greco said that it was on the record. Chairman Zimmerman stated, whether it was on the record or not, he didn't think that would take care of this situation. It probably would have to go through the County. He asked Mr. Bert Keehr, Deputy Building Official, if that was right. Mr. Keehr, said "Yes~ i~ would have to go through the County" Chairman Zimmerman asked if there was anyone else who wished to speak on this variance, ~gainst, or in between, ~S the previous gentleman said." Mr. Mike Proctor of 3513 Marlow Avenue, Boynton Beach i~inelAcr~s)said he only had one question and that Has with regard to the area of the drainage canal, the Boynton Canal He said that it didn't actually .... · ~' - co~.cern~ the City of Boynton and that it is more or less the County. He addressed Mr. Greco, .. saying that he agreed to donate to the right-of-way and if they do come in and pave they are gozng to have to take out a goodly amount of natural vegetation that is in there. Many of them are mature Pine Trees. There is a deep ditch swale which leads into the drainage area. Will the county be responsible for replacing that,asked Mr. Proctor and if they do take it out, they will take a large amount of vegetation that is a buffer zone right now and a drainage swale. Mr. Greco ~eviewed the map with Mr. Mike PrOctor ~%t this point and his remarks were inaudible. Mr. Proctor said that he was aware of the distance and what is in ther~ in detai~ and that was his only concern. - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Chairman Zimmerman noted that just from the natural growth and vegetation and the way it grows in an area like that, undisturbed, it won't be long before that whole seven (7) acres would be covered with Pepper trees.* Mr. Proctor said he would hope so - just along side the road there. Chairman Zimmerman stated that he had seen it grow. Chairman Zimmerman told the audience that he would appreciate anyone coming forward stating how much they are in favor, or how much they are against the variance. Coming forward was Mrs. Barbara Doyle, 3641 Pandora Avenue (Pine Acres). Mrs. Doyle asked Mr. Greco if his company would~"guarantee on the vegetation being maintained~' W'hat if his company should sell this - wo~ld those guarantees end with their ownership or would they be .passed on to any new company. "What 'guarantees would they have then?, asked Mrs. Doyle. She_ said his company could not say they would own and maintain it forever, and they could not guarantee that. Mr. Greco replied that as long as they own it, they:will maintain it. *Corrected pe~ 12/13/82m in Mr. Bert Keehr said he would like to speak in behalf of Boynton Beach which is the City that will be representing this project from the minute it is annexed in. It is a requirement of the applicant to have a 90% opaque landscaping continuously The City of Boynton Beach is not really clear on whether the Pepper Trees are in the right-of-way or all along the right-of-way or half on the right-of-way but he wanted to assure that before this project is occupied, that landscaping will be there, and the City will inspect that to that degree. Chairman Zimmer~nan addressed Mrs. Doyle and asked to what extend she was in favor or against this pro~ect. Mrs. Doyle replied that she would say that she was in favor of the fence ~%rp.to the p~int where she heard that the vegetation w~uld be maintai~ned. She would ~say she is not 'in favor of an access road on Javert '~ITI~-~Y. ~he~x~ can, ~jo ,in.,fro~ ohe ,of .,7 .the ~Dth-er, ~eas She would like to have the residential aspects of their neighborhood maintained~ and the privacy so that the traffic stays off their road. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mrs. Doyle added that the' way the holes are now, the traffic would stay off their road. Chairman Zimmerman didn?'~t think the~reference was to a roadwa~ but probably just to a walk-way in and that is only a consideration. Mr. Greco thought that would be determined by what the people want. Mr. Walter F. Michel of 3532 Quentin Avenue (Pine Acres) said that his question would be, what kind of security would there be in regard to a chain link fence along this road? He would be interested to see if this would be a barrier of a more permanent description to keep people from coming through. He spoke about an access road and ~that he didn't think they particularly cared about an access road, but it was just a matter of having privacy. He asked how much privacy there would be with foliage as against a concrete wall. Chairman Zimmerman imagined that a chain link fence mightprovide more p~i~ac~ to the ~area,"especially if it had barbed wires on the top, like a prison fence: A~Wall you can scale, very easily." He didn't know if this had barbed wires on top of it or notl Mr. Michel had seen kids go through neighborhood fences. A fence to him was~more of a challenge where you can climb to get over as against a concrete wall, This was his concern. Mr. Cassandra believed they will also have a pond there. The only area he had a question about, was the end of the pond and whether you could walk on the outer end of the pond. He didn't.think there was anything that could keep people out. Mr. Michel said another question would be on the pond and he asked what the dimensions are of that pond. He wondered if it would be a swale/,just to collect stagnant water, or would it be real deep." Mr. Greco replied that it would be 8½ feet in depth. Chairman Zimmerman asked if there would be an outlet into that canal. Mr. Pressly replied that there would be an outlet into the canal. - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Attorney David Pressly noted the points raised with regard to the security of the project. He said that was one of the main things they kept in mind when they first started developing the whole layout for this project. He said that it would have been very easy for them, to concentrate the location, for instance, of the retention pond, ~ointing to map~ in this location here, develop this area back in here. But they understood some of the concerns abOut the residents here; moving the project down immediately adjacent to the street, to their houses and so on. They started developing the whole layOut of the site, they kept that in mind and they got to the point of saying, okay, they have a major buffer area here, which will remain undisturbed. With regard to this portion, the southern half of the project, they started looking at it as to what they could do to satisfy a lot of the concerns that were raised. Natural vegetation was one thing. The second thing was to locate one of their retention ponds. Part of their retention requirements in this particular area, was to give a further buffer by physical dimension. That was when they got to the point of establishing a 200 foot strip in this location. Not only the existing vegetation; not only the chain link fence; but alSo the pond, a lake which would be grassed down to the water level on it. It would be a pleasant looking pond. With regard to the landscaping on the top of the pond, before you get to the park area, the 6 foot wall is not ~only here. They have 20 foot high existing vegetation. Mr. Michel said with regard to the vegetation, to them it becomes an eyesore and this is the problem he is concerned with. People throw old tires and its a garbage collector. It would not become, in his estimation, a barrier, but a concrete wall. Chairman Zimmerman asked Mr. Michel if he seemed to be in favor of the wall over the fence. Mr. Michel said "Yes." Chairman Zimmerman announced that City Manager, Peter L. Cheney had arrived at the meeting. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 19 82 Mr. Paul Slavin interjected al ask a question of Mr. Greco. boundaries of Javert Street, - Mr. Greco said that it was 19t words'!,Mr. Slavin continued,"~ how far is that to the easter] it is one in the same. Mr. S actually abut Javert. Mr. Gr, Mr. Slavin again said,"~n oth~ boundary line in your diagram boundary line, space, line, s thought that was the center 1 at. Attorney Pressly said~what th, would be a paved street in th~ Mr. Slavin understood that." here, is 40 feet which is a r~ line of Javert Street and the property is one in the same." That is just what Mr. Slavin Ms. Ialeene B. Michel, 3542 Q~ came forward. She said she 1~ Her property is the first prop She said she is in a nice are~ ~t~th~gh'~he years, the City that a cement wall be erected it was being built to protect ask, "To protect the residenc~ several thoughts there (1) th~ about Malls and the various t] she said, they feel more secur~ in contrast to having vegetat~ to her. She wanted to ask another que: pond is concerned. Is the w~ or at times of the year, when that level be lower; will the~ · be ~ possibility of snakes c¢ They liked to think that a 6 f¢ at least protect against that. wall does not have to be an u~ ~d said that he would like to "How far east, from the eastern ~o your western boundary?" ' from "here". "In other 2rom your western boundary, side again." Mr. Greco said that [avin asked if this would ~co said they abut Javert. ~r words, from your western or blueprint, you show )ace, line. Chairman Zimmerman [ne ~hat Mr. Slavin was looking ~y were actually showing,~ ~re. It is not paved now. ~at this dimension is, across ~ght-of-way. The east boundary west boundary line of our qualified Attorney Pressly. canted to know. ~entin Avenue (Pine Acres) .ved in the_unincorporated area. =_rtyonthe south side of Quentin Avenue. ~ for her residence and they'appreciated of Boynton Beach has established She believed and considered the area. Now, she should from what?" They have ,~ihave all seen and heard ~ings that can happen and so ~ in having a cement wall, .on. That was very important ~tion as far as the retention tter to.'bemaintained.at aparticular3.i~e~ they have dzoughtperiods, will 7e be an odor from that; will there )ming through the waterrand other things? )ot wall of cement would The other thing is ~i,1 a~cement rly wall. She was thinking of - 15 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 NortK~west 2nd Street or New Boynton Road where they travel in a westerly direction and where there are walls around the condominiums. She was thinking of Pine Tree Village, Lime Tree Village;~those areas where there are very pretty walls. When you travel southerly on Seacrest Avenue and go pas~Squire~Hill. condominium area, there is a cement wall almost resting on the sidewalk, and attractive. She concluded that she herself preferred the cement wall. Chairman Zimmerman said that perhaps the developer would answer some of these questions in his rebuttal when he has time a little later. A gentleman living at 3660 Quentin Avenue came forward. He said he lived down the street from the lady who just spoke. He said at the outset he feels he is being taken for a ride. He said he is a mortgage holder and he didn't want to have anything to do with the property valuation in his area. He felt that if they put a chain link fence up, it would "screw up" the property value in the area. This gentlemen said he would vote for the wall. He didn't want anyone coming to his neighborhood to rob him, and did~not want to worry aboUt someone jumping the fence. If he had his way, he would like to have a ten (10) foot wall, but nice looking. He would also like vegetation on both sides of the wall. He felt that the developer was trying to get out from spending money by having'~he variance granted. He thought that in the course 0f 'time, the vegetation would grow all by itself around the wall. He wondered what they would do to maintain the vegetation on both sides of the wall. He thought it would take two (2) seconds to jump a chain link fence and he was concerned with crime. He realized that nothing is going to stop anybody but, it would make him feel better. He also wondered if they were going to stucco the wall. did not want to see a plain cement wall. He Chairman Zimmerman asked what the requirement was on the finish of the wall. ~i~"Mr~3"Bert~Keehr replied that it does have to be a decorative ~all. It would have to be stucco. Chairman Zimmerman said, "That's a City requirement." Building ~f'f~i~ ~eh~.~-.· replied'that that was correct. - 16 - MINUTES - BOARD OF ADJUSTMENT BOY~TON BEACH, FLORIDA NOVEMBER 8, 1982 The speaker at the podium wished to ask if the vegetation on the east side of the wall would be maintained. Obviously they were talking about bulldozing all of the plants down but if they are g~ing to come in and take out only six (6) feet of vegetation, there willstill be fifteen (15) feet of vegetation between the pond and the wall itself. Whether or not that will stay, will be dependent upon them. His other question was, everyone is talking about just having a cement wall. The speaker said Mr. Pressly ~old~them there was going to be a chain link fence around the entire perimeter. Mr. Pressly interjected that it would be around the pond anyway. The speaker asked if that would be there als~ regardless of whether or not the chain link fence goes up. It sounds like there is going to be a chain link fence around the whole thing and then the cement wall, if things go up. The speaker asked if he was correct. The speaker~ondered regardless of whether this thing is granted, they would have to put up a chain link fence. Chairman Zimmerman thought there was no need for fencing around the pond limits. "If they put up the wall, how much distance between the wall and the pond?l' the speaker asked. Mr. Pressly explained the fencing procedure and said it would be within the first five (5) feet, in an.swer to the question. In conclusion the speaker voiced that he and most of his neighbors wanted the cement wall. Mr. Kenneth F. Herndon, 3562 Oberon Avenue, Pine Acres Development came forward. Originallyi when he came to the meeting this evening, he was against the idea of granting a variance. He is a police officer and ~aidl "I can tetl you one thing, that if you're worried about security, you had better forget the wall, because the chain link fence andvegetation,. it. is going ~to~~ be much more difficult to get over that, into the development, than it is going to be for somebody - 17- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 to.jump a six (6) foot wall. Anybody that is going to commit a crime and run from the Mall is going to be able to vault a six (6) foot wall like it's not even standing. And with that vegetation there and the fence, it's going to be almost impossible to get over". He said that now, having seen and heard the gentlemen, "I am in favor of the vegetation." Chairman Zimmerman agreed with Mr. Herndon on the point of security on two types of fence. Mr. Joseph DeMarco, 3668 Clinton Avenue came before the podium. He said he came here with the concern that he wanted the wall but after hearing Mr. Greco, he wanted to know if they were going ~to shape the vegetation - trim back the bushes. Chairman Zimmerman advised Mr. Demarco that they mentioned before that they would keep it trim. He thought it would be to their advantage to do that. Mr. ~eMarco wanted to go on record as saying that as long as it is maintained properly and the holes are filled in, he said he would go along with the vegetation. Chairman Zimmerman advised Mr. DeMarco that Mr. Pressly would remark further about that, he belie~ed~in his rebuttal. Ms. Sue Pollard, Ivanhoe Avenue, came forward. She said she wanted to talk about the drainage in Old Boynton Road. As you can see on the map, it is quite a large area past that. She asked if she was to understand that when they bring the chain link fence, it is going to be along the road and then when they come to the drainage, are they going to go in along that little, small canal. What happens when they get to there asked Ms. Pollard. Mr. Greco said, he takes it that most people don't want to walk there, and Mr. Greco replied that what they want to do is make it so nobody can go through~ Ms> Rollard'~'asked, "and then after you cross the small canal, then what?" Mr. Greco told her that there were seven (7) acres of undisturbed land. - 18 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVF~BER 8, 19 82 MS. Pollard told Mr. Greco that when she came to the meeting, she had some mixed feelings about whether she wanted a wall or a fence, but after listening to Mr. Greco, she thought it really didn't matter what was up there because if somebody wants to get over a wall, they just do it. She did feel that the fence should come all the way down to the Boynton Canal instead of stopping there and it would be open land for dogs or cats or any ~small animals to cross over. If there was fence there, it would keep animals, small kids and everything out of there as well.as them coming thru. But according to ~them, the wall is going to stop and there is going to be that little pond, so I think whichever they decide to put up, they should put it all the way down to the Boynton Canal. She asked if they understood. Mrs. Pollard said that they are only cutting Off the first half of the area. She owns a lot that is facing right on the end corner of the canal and she thought she would just walk across the street towards that land and see the Mall and this wouldn't really be cutting it off from her area. She asked if this was correct. Chairman Zimmerman asked Deputy Building Official,Bert Keehr, if the code would apply there. Mr. Keehr replied that it would not because the minute that you would pass that canal, you would be in the County and the City would have no jurisdiction there. Mrs. Pollard asked what the use was of putting up a six (6) ft. wall up and stopping at the drainage ditch, or whatever they want to call it when all the back area is open. Chairman Zimmerman pointed out that this canal is being relocated from its present location. It comes further to the east and then goes north presently. Chairman Zimmerman didn't want Mrs. Pollard to get the impression that that isn't the location of the canal, the way it's going to be. That drawing does indicate where the canal will be. He thought presently out there, there is a ditch that comes a little further east now. Mrs. Pollard asked if it constantly has water in it. Chairman Zimmerman asked if anyone could answer her question. An unidentified man from the audience spoke. (inaudible) Chairman Zimmerman said, "So, it is deep enough to have water in it all the time." The gentleman said there was - 19 - MINUTES - BOARD OF ADJUSTMENT B©YNTON BEACH, FLORIDA NOVEMBER 8, 1982 access at the end of Javert, from Javert, to the Mall area which is left open by the Lake Worth Drainage District. ~s. Pollard remembered, if she wasn't mistaken, that she had walked all the way out into the area. She walked farther up and all the way around and then come back so she believed she could get from her property and could walk, straight to the Mall. So, she maintained, that if they were allowed to do something on the front part and not on the back part, it wasn't solving the problem. Mr. Pressly remarked that they had no right to go on the property of the Lake Worth Drainage District and put a fence there. That is part of their maintenance operation to the canal. Chairman Zimmerman stated that the Board is really not involved with that tonight at all and it has no bearing on the variance that is being asked for. He could understamnd_ why Mrs. Pollard would be interested, but he said the City has nothing to do With that area, because it remains in the County. Mrs. Pollard claimed that if anybody really wanted to get in there, ~hey could go around to the end. Chairman Zimmerman said it just depends upon how the two canals join there; whether it is by an underground pipe or whether it is dug open all the way and has adjoining canals. Coming forward to speak was Mrs. Dana DeMarco of 3668 Quentin Avenue. She wanted to go on record as saying that she does want the cement wall and she does not want the access. Mrs. Barbara Salvador of 3546 Ruskin Avenue said the only objection she had to the concrete wall was that it would be a billboard for graffiti. At first she was for the cement wall, but she knows what the holly bushes do - she calls them "Florida Holly". She has them right along side her house. If they are trimmed and cut, she feels~they are a good buffer, but they have to be kept short, so the base of them does not look thick, fhen you can't see through them. Chairman Zimmerman advised Mrs. Salvador that 'the~developer~,~oldthe Board, they would do that. - 20 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 The last person to come forward was Mr. Steven Massie, of 3642 Lothair Avenue. He asked if he was to understand that if the variance was granted, and the fence was put up, the vegetation that would be put there would be Brazilian~Pepper. Chairman Zimmerman said the present growth is there and he thought that most of it is Florida Holly. Mr. Massie felt that the Brazilian Pepper could not be maintained as far as trimming was concerned. It was his .stand to "~with the wall" because the Brazilian Pepper could not be maintained as an attractive hedge and barrier. Chairman Zimmerman announced that the Board would give the applicant or his agent rebuttal time. Any unanswerled questions so far that the audience would like to draw upon, Chairman Zimmerman mad~ known,that this was their opportunity to do so. Mr. Greco thought 'that they had answered most of the questions. He thought there was a difference of opinion with the !!~all situation with the people painting on it", etc. it will happen and it does. He pointed out that in Tampa, they put up a decorative wall and they have repainted it six (6) times in "that many months", which they would do anyway. He said, ~hat will happen." Mr. Greco stated that if they put up a wall, they would have to bulldoze everything down that is there. That is all that would be seen, "a wall, period." He asked Mr. Keehr if a deoorative wall means stucco, and how he figured that. Mr. Keehr replied that is the way the ordinance reads. Mr. Greco mentioned that a "decorative wall" could mean blocks that were scored, all four of them, every ten (10) feet put a little variance, so forth and so on. Fancy grillwork was mentioned. Mr. Keehr said that it had to be "solid". Mr. Greco said it was mentioned to him that every so many feet, make it a little mark, or something like that. Chairman Zimmerman said the Board would not accept that. Mr. Greco made reference to some of the residents wanting it and some not wanting it as they said earlier. He mentioned the six(6) foot chain link fence that the Police Department person spoke about earlier if they thought there was a security problem. Mr. Greco said, "It almost sounds like we're expecting a herd of elephants to run through there, or something." They have these"Malls everywhere", the one question about property values Mr. Greco addressed saying that he did not - 21- MINUTES - BOARD OF ADJUSTmeNT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 know of anyplace where any Mall has been built, where the property value was not very much enhanced by the Mall. He thought that the County is going to look at Javert Street a little more clearly now, after this is built. They have the Mall; Motorola; they have 2,500 employees working in this one Mall. People like to live near a Mall. He has seen property values go from $10,000 an acre to $350,000 an acre. Those are figures Mr. Greco is not just pulling out of a hat; that actually happened. That is not residential property~ He stated that the properties of the owners, would be very much enhanced by the fact that the Mall is being built. Mr. Greco continued that the six (6) foot chain link fence, if one is looking at someone running through, or something of that nature, is better than a six (6) foot wall, if anybody can get over a six (6) foot wall. The problem that he was talking aboutris,.if you put a six (6) foot wall up, it is going to go on the property line, which is basically where those bushes are. They are going to have nothing but a wall. The~other way, the chain link fence is there, but they won't see that. It will be behind %he" Brazilian~Pepper, which the developer will keep trim. That can be done easily with the maintenance crew'.that they have. He thought the home owners would be much more pleased with the plan that they are putting up. The other, just seemed like a total waste and he didn't think it will look .half as good, just to see a plain wall, whether it is stuccoed or not stuccoed. They would just see 1,200 feet of wall from the street up to the edge of it, hopefully "we would plant trees to make it look nice" but by the time that stuff is 18' to 20' high, including the road, they will not have dust all over it, the way they have right now. It will be green and as someone pointed out, if you trim Brazilian Pepper,you have to keep it relatively trim. If you don't,it's not going to b~ygreen and pretty. ~- ~ He has lived in Florida all his life. If Australian Pine doesn't die off in its early years,"it creates a bUffer that you can't beat",although some people don't like it. Anything else you plant, takes a long time to get to that stage. Basically, what he is talking about, is that you have the protection of the wall, the fence; you'll have a lake~ you'll have what you have there now, hopefully it will be cleaned, because the street should be paved. They would try to help as much as they can. Mr. Greco felt it would - 22 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8~ 1982 be a lot better for the neighborhood. The other, Mr. Greco maintained, seemed like a total waste, bulldozing the plants down and putting up a 1,200 ft. long wall. Mr. Greco offered to answer any questions while he was speaking at this time. Chairman Zimmerman pointed out that the audience had their chance to question the speakers but he would give the Board an opportunity to ask questions. The audience may want to ask questions, later on, after the Hearing is closed but this was a good chance for anyone on the Board to ask questions now. Mr. Vernon Thompson, Jr., obs.erved~ that they haTe"already spent rough, one and a half hours time, going over and over again on the same things." He thought it was time to bring it to a close. Chairman Zimmerman announced that the Public Hearing would be closed at this time. The Board will try to satisfy their own~ questions at this time, if not, they can refer to the audience, however, the questions would come from the members of the Board. Mr. Thompson observed during this period of time, that at no point has the Developer established a hardship. "There is no hardship", he stated. The Board's problem was wall versus plants or trees. Frankly speaking, neither one of them had "security" and he felt that should be pointed out. "Each case is based on its own merit" but he thought that if the Board voted in favor of this, they might be setting a precedent, which they do not want to do. He didn't think the City would have anything bigger coming into it, however, they would have smaller Malls. Ifilthe~2itydid, they too would ask for the same thing. If they granted it, they might be faced with granting another thing they don't want. So he personally feels, that there is no hardship. In fact, it isn't based on their criteria to make a judgement and if that is the case, if a wall were put there, they would not worry about security but they would block out the ligh~ tO,the residents. No one considered that. The Mall would be open at night. - 23 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Thompson conclude~ that if the Board granted the variance, and it was permitted to pass, he felt they would personally be in violation of the criteria on which their judgment:.is based. Applause was heard from the audience. Board member, George Ampol referred to the plan which showed four (4) Retention Ponds. He asked if they would remain stagnant with"mosqumtos' and all" or is the Mall going to take care of them. Mr. Greco replied that they had them in practically every mall. They are very clean and they look good. They have four (4). They plan to have some type of vegetation in them to help keep them clean. Mr. Ampol said the Board knew the one Retention Pond on the top of the rendering would drain out into the canal, but it was the other three that he was worried about. Chairman Zimmerman advised that the Board has nothing to say about that. Mr. Ampol knew that but asked if they would remain stagnant. Chairman Zimmerman said it didn't concern the Board. Mr. Ampol was concerned with the possibility of i.e. "getting a Westerly wind." Councilman Joe deLong interjected a question. He asked if the variance was on the wall or"is it on the pond". He was answered, "it is on the wall". Councilman deLong countered, "That's the answer." Chairman Zi~erman asked if any other.Board Member wished to speak. Comments were made on the "criteria" of the Board. Mr. Greco said he was 9ery~familiar with the criteria and that they had the same criteria all over the State. Mr. Thompson stated that there was a difference here in Boynton. Mr. Greco said when they came in to Boynton from the County, "your City wanted this Mall in the City, for very obvious reasons". One, it would bring in a great deal of revenue. One problem that they had at the time, .(he thought City Manager Cheney was in the audience) was a number of concessions that they wanted to discuss. We'~felt this was wasteful and not needed. A couple of other things are coming up "next week" which are very small, to perhaps the community but they wanted to talk about them. They felt that this was a hardship to them and that it wasn't necessary. When they first started negotiating with the City, they had a basis for doing it as they wanted to. The other just didn't make any sense. He realized that they had to give some type of reasonable hardship. - 24- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Thompson inserted that it is part of the City's ordinance. Mr. Greco was familiar with it as he "sat on your side of fence for many years". Chairman 'Zimmerman interjected that the maintenance of the wall would be considerably more frequent, and so on, than that of a wire fence or a chain link fence. He asked Mr. Greco if that were not so. Mr. Greco replied that it could be everyday. If some kids decide to "do it and think it's funny everytime you repaint it, you might be out there painting the wall everyday", unless you wanted to leave those things written on it. Mr. Thompson said he thought that question was out of order. (to a question coming from the audience which was inaudible) Chairman Zimmerman said, it is a small point and maybe very mute. Mr. Cassandra addressed a question to Deputy Building Official, Bert Keehr. He said Mr. Keehr mentioned earlier in the evening that he did not know if the fence was o~-the!rig~t~6f-way of the property line and that it is possible that s~me'~f tha~ ~egeta~ion will be cut down, if it was. "Do we move the amount of vegetation in towards the Retention Pond?" "Is there a great amount of depth required for this vegetatio~ if this vegetation now is on our right-of-way?" Mr. Keehr replied that that particular road, Javert Roa~ has a 40 ft. right-of-way which would mean 20 ft. from the center of the road eas~ which would be the end of the right-of-way. There could be some of that holly in the right~of-way and if they are .sQ inclined to dig a ditch, improve it, or alter it ih~ anyway, they WoUld naturally cut it. It's County property. It is a right-of-way. And if, at that time, when they did that, it destroyed the 90% opaque landscaping, then there would have to be some adjustments made.-~But the City, he knew,after the property lines are established, was going to want a guarantee that the 90% opaque landscaping would ~be there and that the City would be able to see that it will be there because of the property line establishment. - 25 - MINUTES - BOARD OF ADJUST~ENT BOYNTON BEACH,. FLORIDA NOVEMBER 8, 19 82 That happens to be a requirement of the Regional Development Impact that the County requires for the special use of that property. It must be employed. Ms,. Lillian Artis said that although she was not a"voting member tonight", she was still trying to clarify the hardship. She was directing her question to Deputy Building Official Mr. Bert Keehr. Was she clear in saying there would be no need for a variance. Mr. Keehr replied that it was his belief that the County did not require a block wall for the separation. Because they granted a special use to this applicant for this Mall with only the Statement that he shall provide a 90% opaque landscape screening along the west property line. The landscaping shall be planted prior to anti. Site work. In answer to a question Ms. Lillian Artis asked, Mr. Keehr replied that the ordinance has been in the book for quite a few years. There being no further questions from the Board members, Mr. Vernon Thompson moved that the request as follows: Elimination of requirement to construct a 6 foot masonry wall, Section 4 (L) Appendix A - Zoning Boynton Beach Code of Ordinances be denied based on the fact that there is no hardship. Mr. DiSarli seconded the motion. A roll call vote was taken as follows: Anthony DiSarli George Ampol Vernon Thompson Carl Zimmerman Robert Gordon Paul Slavin Nick Cassandr~ - Ay~e - Aye - Aye - Nay - Aye - Aye - Nay Motion carried 5-2. The variance was not granted. - 26- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVE~-~ER 8, 1982 Board Member, Nick Cassandra wanted to qualify the "Nay" on the motion. He said, "We seem to use this word, 'hardship' again. This development was on County property and in the process of City interests, as well as individual enterprise, it was for mutual benefit that we tried to annex this property into Boynton Beach City line." Mr. Cassandra continued by saying that in doing that (annexation), he felt, "his own personal feeling", that a hardship was created in the form, that it was not required to build this wall. Now, we (The City of Boynton Beach) wanting them here, are telling them to build a wall. Mr. Cassandra feels that a hardship was crea~ed and that is why he has voted "Nay" on that particular motion. Chairman Zimmerman repeated that the motion has passed on a vote of 5-2. The motion was to deny the variance. At this time, Chairman Zimmerman, called a five (5) minute break. After a short recess, Chairman Zimmerman reconvenied the meeting. Mr. Robert Gordon made a motion to reconvene the meeting, Motion seconded by Mr. George Ampol. Motion carried 7-0. Chairman Zimmerman asked that the Board revert back to regular business. He asked Mr. Robert Gordon, Secretary, to read the next case. - 27- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Parcel ~2 - Lot 14, Less the West 10 feet thereof_Block 5 SEACP~ST ESTATES, Plat Book 24, Page~4~ Palm Beach CoUnty Records Request: Relief from 75' lot frontage requirement to 65~ lot frontage also Relief from 8,000 sq. ft. lot area requirement to 6500 sq, ft. lot area Address: 128 S. E. 27th Place Applicant:Peter and Cathy Nixon Secretary Gordon read from the application as follows: "The property involved is described as Lot 14, less the west 10 feet; BlOck 5, SEACREST ESTATES, Plat/Book 24, Page 245, property address: 128 S. E. 27th Place. Property is presently zon~ R-!AA formerly zoned R-1AA. Denial was made upon existing zoning requirement frc~ which relief is required. R-]AA zoning requires 75' lot frontage and 8,000 sq. ft. lot area. Nature of exception or variance required: Subject property has 65' frontage and 6,500 sq. ft. lot area, therefore a variance of ten (10) feet lot frontage and 1,500 square feet of lot area is required." Applicant: Mr. and Mrs. Peter John Nixon 2309 South Federal Highway Boynton Beach, Florida" Mr. Nixon said he didn't feel that the variance has made any hardship on the residents in the area now and he didn't feel .that their building the house would do anything more than improve the neighborhood. Chairman Zimmerman asked if there were any letters or communications concerning this application. There were none. Chairman Zimmerman asked if there was anyone in the audience in favor of granting this variance. There was no response. - 28 - MINUTES - BOARD OF ADJUSTMENT B©YNTON BEACH, FLORIDA NOVEMBER 8, 1982 The Chairman asked if there was anyone in the audience that was ~pPosed to the granting of this variance. There was no response. Mr. Robert Gordon asked Mr. Nixon if he was building this home for his own use. He replied that he was; for his wife; himself; and for his daughter. Mr. Slavin asked, "When this was originally recorded and platted, was it a 50' plat?" Mr. Nixon said that it was not..3~.Said it was 75'. Mr. Gordon asked if that ~as in 1956. Mr. Nixon concurred. Mr. Slav±n~ asked what happened the time the west 10 feet was added to the adjoining Lot 15, "That's the pare~lts' lot?" Mr. Nixon replied, "Yes". "At the time, did the parents need that 10 feet for their construction?",asked Mr. SlaVin. "Yes, they needed it for a sided set-back requirement", Mr. Nixon explai]~ed. Chairman Zimmerman asked if that was when the house was built. "No, sir. This is when the addition was ad~{ed to the house." Mr. Nixon said. Mr. Vernon Thompson said that there were no dimensi~ but it seemed like it might be just so small and it all property in that area is the same dimension. Hc Keehr if that was true, when it was platted. Mr. Kc that primarily that was correct. There is a little on the corner lots. Mr. Thompson stated that with t they had to take the e'ast 10 feet of the other one. said that was correct. Mr. Thompson pointed out tha made it a nonconformity right then. Mr. Thompson wanted to know if a home of R-IAA, that a minimum of 1,500 square ft., can n~et all other requi Mr. Keehr said it could. Mr. Nick Cassandra asked if the corner house on the . was the parent's house, and the~ilittte extension th out and is it the property by the fire hydrant. Mr. said it was. Mr. Cassandra asked if there was no la~ available. Mr. Nixon said there was none. ,ns on those seemed like asked Mr. ehr said differential he addition, Mr. Keehr t %hat requires rements. ~iagonal ~t come s Nixon ~d Mr. Thompson stated that if there was a "no" vote against the variance, the only option would probably be sold eventually - 29- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 to the east owner or to the west owner, one way or the other. ~3other words, if there is a "no" vote against the variance, Mr. Thompson felt that it would be wasted property and could not be used. "It becomes kind of land-locked,, added Mr. Slavin. Mr. Thompson commented that it was land-locked now. Chairman Zimmerman explained tha~ usually, when part of the lot is used by the owner of the adjoining lot, or an owner has two lots (which was the case here a number of years ago),and part of it is used, it implicates the entire loto Mr. Thompson said that was true. Mr. George Ampol noted that he was "boxed-in". Chairman Zimmerman announced that since there were no more questions, he would now close the Public Hearing. Mr. Thompson noted that the application did not say what year the 10 feet was taken from this property. He asked if it was before 1975. Mr. Bert Keehr said he would say so. There was no record of it in his office. At this time, Mrs. Floria Caliendo came forward. She said she lives on the south side. She said that before Mr. Nixon came there, it was just like a jungle. Now it is very clear and very cleaned up and it is just like a garden. Mr. Keehr now wanted to answer Mr. Thompson's question. He would assume that it w~s.~before 1975 because their records have been "kept quite thorough" since that date. They do not have any records prior to that to indicate this. Mr. Thompon guessed_ that it would be hard to assume what the frontage might have been on that zoning prior to 1975. Mr. Keehr replied that prior to 1975 it was a conforming lot before the 10 feet was taken. After 10 feet was taken, it was non-conforming and then after June, zoning regulations would have made it non-conforming again. Chairman Zimmerman stated that the overall area would be short. Mr. Keehr agreed. Chairman Zimmerman noted that it would have the proper frontage but not the proper over-all area. Mr. Keehr said that was right. - 30 - MINUTES - BOARD OF ADJUSTMENT BOY, TON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Nick Cassandra made a motion to grant the applicant his variance. Looking at the layout concerned for the front, back and side setbacks, Mr. Cassandra said the whole living area is conforming with everything about building. He believed that since this land was given to Mr. Nixon and the land did create a nonconforming use, it is landlocked; a hardship and no matter who gets that property from this particular end, they won't have any way to build on it. ~. Cassandra felt the six (6) conditions concerning this request have been met. Mr. George Ampol seconded the motion. was taken, as follows: A roll call vote Anthony DiSarli George Ampol Vernon Thompson Carl Zimmerman Robert Gordon Paul Slavin Nick Cassandra Motion passed 7-0. - Aye - Aye - Aye - Aye - Aye - Aye - Aye The variance was granted. Parcel #3 Lot 5, Block 7, ~OL~VIEW HARBOR 1st Section, Recorded in Plat Book 26, Page 178, Palm Beach County Records Request: Relief from 25 foot rear yard setback requirement to 9 feet 4 inches rear'yard setback Property Address: 1065 South West 27th Avenue Applicant: Shirley Hohman Ferrell Secretary Gordon read from the applicati6n the description above and as follows: ' "The property is presentlY zoned R-1AA, formerly zoned R-1AA. Denial was made upon existing zoning requireraen~s for - 31- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 which relief is required. R1-AA zoning r ~equires a rear yard setback of 25 feet. Nature of Exception or Variance required: Applicant is requesting a rear yard setback of 9 feet 4 inches. Therefore a variance of 15 feet 6 inches is required." Name of Applicant: Shirley HohmanFerrell, 1065 SouthWest 27thAvenue." At this time Chairman Zimmerman had Mr. and Mrs. Ferrell come to the microphone. Mr. Wes Ferrell came forward and said he was the husband of Mrs. Shirley Ferrell. He said they live on the canal and most of the homes up and down the canal have a screened patio. They would very much like to have a screened patio to enjoy the canal which lies in back of their home. He realized the restrictions in asking for this special permit. Chairman Zimmerman asked Mr. Ferrell if, when the house was built, there was a variance asked for and received at that time, for a lowering of the setback in the rear. Mr. Ferrell thought so and said that at that time he was not married to his wife but thought so. Mrs. Shirley Ferrell came forward and said that variance was for a two (2) car garage for that home and that was about a 5 foot variance. Chairman Zimmerman wanted to establish that this was the second variance that is being ~asked for on this particular rear set back. Mr. Ampol asked if a.date was mentioned on when the first setback was granted. Mr. Keehr told him it was 1971. Mr. Ampol made mentioned that it was eleven (11) years ago. Mr. Keehr said that was when the home was constructed and that was when the variance was granted. Mr. Cassandra asked the applicant if she was the original owner. Mrs Ferrell said she was. ' Chairman Zimmerman asked the applicants if they had anything else to say while they were in front the Board. He stated that the Board would have to h~ld a ~publ~c hea~ing on this - 32 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Robert Gordon asked the applicant if the home to the east and the home to the west, as we~ as a few more down the line, have screened porches on them. Mr. Ferrell said they did. Mr. Ampol wanted to know if Mr. Gordon had any letters objecting to the variance. Mr. Gordon replied that there was one communication i_n favor. He offered to read it: "I have no appeal on any decision of the Board of Adjustment. We wish the applicant to enjoy the new screened room to the fullest. Sincerely, Otto Hellner 1046 S.W. 26th Avenue Boynton Beach" Mr. Vernon Thompson directed a question to Mr. Bert Keehr, since he was a part of the City at that time. Me wondered if there was any record showing that this was a blanket variance given to all the homes facing the canal. Mr. Keehr said it was. ,Mr. Milnor built most of those homes." He did give a blanket variance because of the depth of the lots and that would be his conclusion, explained Mr. Keehr. Additionaly, it does back up to a canal and there is additional dry land prior to reaching the water that belongs in the right-of-way which gives them additional rear yard, ~so~to ~speak, Mr. Keehr further explained. Mr. Cassandra understood that the patio area did not go into the right-of-way. Mr. Keehr said it did not. In other words, what Mr. Thompson thought they were saying was that ~he other screened patio areas, along the line are all within the setback of 20 feet. Mr. Keehr said they are not. The facts will show, as indicated, he feels that both of those on the east and west of the applicant's property ~re~encroaching on the setback. One of them, the City has a record of and the other one they have no record of at all. Mr. Cassandra's visual observation was that there was about MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 four (4) feet up by one and five (5) feet past the applicant's property on %he east to west side. Chairman Zimmerman said the applicants may sit down. may be called back. They Chairman Zimmerman asked if there was anyone in the audience in favor of the variance.. There was no response. Chairman Zimmerman asked if there was anyone in the audience opposed to the variance. As there were no responses, the Chalrmah closed the Public Hearing. Mr. Keehr answered a question with the fact that the house was originally built in 1971. Chairman Zimmerman added that the land was bought the same year. Mr. Slavin read from the deed: "Lot 5, Block 7, COLFVIEW HARBOUR FIP~T SECTION, according to the Plat thereof on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, recorded in Plat Book 26, at Page 178, tOaether with all inlprove-~ ments thereon and furni~e, furnishinqs ~d ~ fixtures therein COntained." "In other words" said Mr. Slavin,"Mrs. Ferrell did not built that house." Mrs. Shirley Ferrell came forward and said that she was the original owner. She was married to someone else at the time and then on filing the d~orce , she received the house. Mr. Thompson alluded to Mr. Keehr's previous statement that the screened room on both sides appeared to encroach the rear yard setback. He thought that those two items were probably done before 1975, and that Mr. Keehr had a record of one, Mr. Keehr explained that he had a record of one that was permitted in 1975 that shows a 30 foot setback on the site plan, which was submitted in error. "Of course, it was permitted in error, but nevertheless, it was built and permitted by the Building Department, prior to the present people in the department." Mr. Keehr sa~-. Mr. Gordon asked Mr. Ferrell how many feet he had in the back setback. Offhand, Mr. FerreI1 did not know. Mr. Gordon had paced it off and came close to 30 feet. - 34 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Chairman Zimmerman note~ that the survey showed Lake Worth Drainage. Mr. Keehr samd that was right and if they looked at the survey, they would realize that there was about 20 feet behind the house to the property line, but then there appears to be at least another 10 feet before you reach the water. He said of course, the property line stops shy of the water at 10 feet. Chairman Zimmerman noted that was open space but could not be counted in as part of the lot. Mr. Slavin relayed a story of a variance request which the Board had several months ago. A radio station wanted to put up a saucer on land where they didn, t ~.-!~ have the required setback as their property lin~ ended where the Lake Worth Drainage District had a canel. He remembered that the variance was granted because al1 that land in back of them would never be utilized. to anybody but the Lake Worth Drainage There was no way it offered any resista saucer being placed there. That would north east corner of that par.ticular pr It didn't belong District. ~ce to that have been in the Dperty. Mr. Slavin wondered if the Board set a Precedent in granting that variance in this respect. Mrs, Fe~rell here, is mor pr ~es~ i~ the same situation. There iR an ~~u~,~±~~--~ ±u~e~reem' mn DacK O~ the house. Along side of Mr[ and Mrs. Ferrel you have other screened porches and they feel that they 1 would like to enjoy the beauty of the canal like their neighbors. Mr. Slavin felt that while a hardship was not created, there is room to put the screened porch in and in no way can you say that it is a cramped issue that would violate any of our ordinances. Chairman Zimmerman said he would like t~ feel that the Board does not set a precedent because as eac~ case comes up, the circumstances differ. When the Board cOnsiders t~e conditions under whiCh the Board is allowed to ~ive a variance, they have to consider each case individuallY. Mr. Slavin just mentioned that case to s~ow that the.other was also a canal. Thirty (30). feet or twenty (20) feet back to the property line was a radio station. That was on North West 2nd Avenue. - 35 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Mr. Thompson believed that a few months back,, the Board alSo granted a variance to enclose a s~i~ing pool, two or three doors east of the subject property. ~e thou ht the Ferrell's ~robabl~ ~ ...... ~ ~- ~- ~ g · ~ ~ ~-- ~ u~. i£ne ±o a th . _ . c tmon of ms property was clarmf~e.d. Chairman Zimmerman posed the question ~hat based on the conditions.on which the Board can grant a variance, how would they characterize the hardship hDre. He asked if any Board member could explain that a tittle more. He asked if the Board thought they ought to justify the sixth (6th) condition , at least tO some extent before they open this up for a vote or a motion. It seemed to Mr. Cassandra that since-the Board went to "that lecture", it created a Pandora's Box. He thought it had stifled them. Mr. Cassandra thought that each case should be considered a little bit. He has mentioned and' has been on record already feeling a little disagreement on the definition of "patio, fully screened" versus patio with a roof of fiberglass". ' The only reason Why.this'applicant.,~s the~e, explained Mr. Cassandra, was to get fiberglass on top and the rest is going to be screened If i~ wasn't foL ~ =~ .... she wouldn't re~uire a variance If the h ' 'g ' .- · y ad ~t all screened, there would be no reason for the variance for it only requires eight (8) feet fro~ the boundary line. Because of that roof, v~hich is not in t~e trusses in any way, but is like a room with a scre~n. Mr. Cassandra is on record already is stating that he would like to see that change a little by the ordi~ance~but ~he felt that the environment of other peop%e having this being the cause of prior building inspectors an~ so forth, there are directly east and west of her~ people that are enjoying a screened patio with a roof o~ it, he believed, if he was not mistaken with what he saw, They are en3oyin.g this. He thought that the applicant would be then discriminated against as far as people along side having variances, regardless of how they got t~e variance,in one form or another, in prior years. Going down A to F - 36 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA (as follows) NOVEMBER 8, 1982 same line as others. Bo the property was first built. The special condition referred tD in A relates to when C. Most of the hcmes on the caD, l, . have screened patios, and this would Florida living which ~ have missed. D. Most other hcmes on this canal and denial of our application, ~uld comfort and benefits the others enjo.' ~cross and beside us, help us to enjoy the Lye screened patios, deprive us of the Fo E. We are asking for a screened pat~ , 10 feet in depth by 18 feet in length, which does not extend farther' than the other existing properties. cF~lThis ~v~.a~__i_an_.c~..is for a screened patio overlooking the ,~-~. ~-~n~ l~ is a screened Datio, it will ~eprive other properties on the ~anal'frcra ~d~ br eez~." Mr. Cassandra said they would find it x True, there is no hardship per se, on t~ applicant, but he thought,"Have that 12 for the citizens of Boynton Beach", whez infringe on other people. There is a c were attached houses, he would say that getting the houses involved in this. B Mr. Cassandra mentioned the various foo and that they have property on the east therefore he didn't feel that the Board everything black and white, in its cons didn't think the word, "precedent" shou He thought that each case and each need considered as,,.an individual application Mr. Cassandra said that if there were n( on this, he was,~.~ea.dy to make, a motion. 'ery difficult, is particular ttle bit of compassion e this does not anal. If there is a different story, ut this is a canal. ~age involved and west and should consider deration. He ld be set upo should be more conversation - 37 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Based upon what Mr. Cassandra just finished saying, he made a motion to grant this apPLicant a variance. The motion was seconded by Mr[ DiSarli[ The Chairman called for a role call vote as follows~ Anthony DiSarli - George Ampol - Vernon Thompson - Carl Zimmerman - Robert Gordon - Paul Slavin - Nick Cassandra - lye ~ye Lye ~ye .ye .ye Motion carried 7-0. The variance was granted. Parcel %4 -Lot 17, Block 8, ROLLING GREEN RIDGE Recorded in Plat Book 24, Page ~24, Palm Beach County Records Request: Property Address: Relief from 25 foot rear setback requirement to 1~9.9 feet rear setback 3105 Ocean Parkway Applicant:Karen Sue Viselli Secretary Gordon read from the application, the description above and as follows: "Property is presently zoned R-I; formerly zoned enlal was made upon existing zoning requirements from which relief is required: k~l requires 25 foot rear setback. "Nature of exception or variance required: is requesting a rear setback of 19.9 feet. a variance of 5.1 feet is required. Owner Therefore "Name of Applicant: Karen Sue Viselli, 3105 Ocean Parkway, Boynton Beach." - 38- MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Chairman Zimmerman asked Mrs. Viselli to come before the microphone. Mrs. Viselli expressed her regret at being the last one here tonight. She said she would try to be as brief as possible. Mrs. Viselli told the Board that she ~as a woman living alone with an eleven (11) year old child. She has a twenty- four (24) year old daughter who was m~rried. She lives in a very small, little home that was She thought the house was probably bul retired people. As her daughter is gE and bringing the babyhome, "t'he mots is going to have to have some eating particular daughter and baby" and herl Mrs. Viselli explained that they just to eat in this home. The way the lot no other way they can built on anothe] go to the side; she can't go to the f~ built around 1957. .lt for two, little, Itting a divorce Let, of course, facility for this elf. do not have anywhere is situated, there is wing. She can't ont; she has to go to the-.back. Mrs. Viselli said she would really appreciate this variance for this dining area so that they can eat like regular, normal people. Chairman Zimmerman asked if any Board ~embers had any questions for the applicant. Mr. Cassandra asked if the cyclone fen ViSelli's boundary line. "Yes", repli Mr. Cassandra indicated that when he w he couldn't get toO close, because a d, over the fence. Mrs. Viselli explaine, ferocious dog and belongs to her son. for her. Chairman Zimmerman asked the Board me~ ~e iwas right on Mrs. _=d the applicant. ~s at the property, )g was trying to get ~ that it was a ~t is a protection )ers if they had any questions for Mrs. Viselli. He asked the audience if there was anyone wishing to speak w~o was in favor of the variance. He asked if there was anyon~ p~s~t opposed to the variance. There being no responses to any of the questions, he announced that the Public Hearing would be closed at this time. - 39 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 8, 1982 Chairman Zimmerman asked the Board Secretary, Mr. Robert ~r~on if h~ had received any communications on this fiance. Mr. Robert Gordon had no communications. Mr. Vernon Thompson observed that after looking at the property himself, it was definitely a peculiar piece of property, without any doubt. In reviewing the records, Mr. Thompson noted it had roughly 900 square feet which means "that you are, at least, 100 feet short of the minimum amount of floor sp had to build that same house on that la Mr. Thomson thought there was no way to hardship. The land was a hardship, the It is a hardship because of the square i the house. It was a point that Mr. Tho] ~ce"-needed if Mrs. Viselli nd. Based on the land, turn. It was a -way it is shaped. [ootage needed in ~pson observed right away. He wondered if anyone else also saw it. Mr. Cassandra wished to bring up , .~ "that it was not r a 9.1 parallel variance beca~ ~ ~- -- _j _ eally si~uated'' He ela~ o= ~ un~ ~ay the house is · borated on this to the Board members as to how he observed this. He made re~erence to Mr, Thompson's remarks regarding how the house is situated. Mr. Vernon Thompson so moved that the Bcard grant the request for a variance. ~{r. Paul Slavin second, - Chairman Thomson called for a roll call Anthony DiSarli George Ampol Vernon Thompson Carl Zimmerman Robert Gordon Paul Slavin Nick Cassandra - A e - Ay =- - Ay=_ - Ay - Ay, - Ay, - Ayu Motion passed 7-0. The variance was granted. d the motion. vote as follows: ADJOURNMENT Mr. Cassandra moved to adjourn, Mr, Ampol seconded the motion. The meeting was properly adjourned at 9:~0 P.M. ~Vi~i~i/Jack son, ~ecordi / (3(~apes) ' ng Secretary - 40 -