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Minutes 11-09-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 9, 1981 AT 7:00 A. M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert Gordon, Secretary Theodore Blum Anthony DiSarli Ben Ridolfi Paul Slavin Nick Cassandra, Alternate Lillian Artis, Alternate Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the members of the Board and recognized the presence of Mayor Harmening and Councilman Joe deLong in the audience. Chairman Thompson pointed out that the purpose of the Board is to grant a variance when there is a hardship created by the City or, in some cases, by the County. Although eight members are serving on the Board tonight, Chairman Thompson advised that only seven would be voting. He informed the audience that any four negative votes would deny a request. MINUTES OF OCTOBER 12, 1981 Mr. Slavin called attention to the top paragraph on page 8. He advised that he made the statements, not Mr. Cassandra. Number 2, in the paragraph, last sentence was all wrong, Mr. Slavin said. Mr. Slavin said the developers asked "if this is a public record", and they requested the names of the Board, and the Chairman told them it was a matter of public record. Mr. Slavin said the first paragraph of page 8 Was entirely. Wrong and~out of context. Chair- man Thompson requested that Cassandra's name be changed to Slavin. Mr. Slavin said the "demanding.attitude" was~wrong, and-the ~icing on the cake" was not of public record, and when they requested who was sitting on the'Board; the Chair-man informed the developers that it is a matter of public record~ They did not ask if it was a public record; The Chairman said the information could be picked up at City Hall, Mr. Slavin advised. The third paragraph on page 8 should have preceded the first para- graph on page 8, Mr. Slavin said, and that was why he had informed the Board the minutes of page 8 were out of cOntext. He said it was all garbled. Chairman Thompson commented that there was no secretary present, and many times the speakers do not identify themselves. Also, in the second paragraph of page 8, Mr. Slavin said even~ that was out of context becaUse Motorola came in with a hardship and it was granted because they needed the additional footage. MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, 'FLORID~ NOVEMBER R, 1981 Mr. Zimmerman moved, seconded by Mr. Gordon, to accept the minutes as corrected. The motion carried 7-0. PUBLIC HEARING Property: Lots 125 to 133 inclusive (_less westerly 64,49 feet~, LAKESIDE GARDENS, as in Plat Book 8, Page 57,' Palm Beach County Public Records Address: 2508 North Federal Highway Mr. Gordon, Secretary~ read that the property is presently zoned C-3 and was formerly zoned C-l, Denial was made on ex~sting zoning requirements from Which relief is required, The applicant requests the following variances from the requirements of Appendix A of the Zoning Code: 1. Distance requirement between service stations (Sec'. 11 L-i) of 1,000 ft. to 557 ft. 2, Front footage requirement (Sec. 11 L-2) of 175 ft. to 157.59 ft. 3. Five foot masonry, wall requirement (Sec. 11 L~7) along a portion of east and south boundaries. Applicant: Workingman's Friend Oil, Inc., by Daniel J. O'Brien, Agent 2601 North Federal Highway Delray Beach, Florida Mr. Gordon read a letter dated August 6, 1981 from Workingman's Friend Oil, Inc. stating that Daniel J. O'Brien was authorized to act in their behalf on matters coming before the City. Mr. Daniel J. O'Brien appear.ed before the Board. He did not have copies of the survey of the property. He advised Workingman's Friend Oil was a little bit north of Royal Palm Way and 22nd Avenue and on U. S. 1. Mr. O'Brien informed the Board it is an old building. A couple of months ago, it was just a concrete service station site with a few gas pumps and wood frame building on the site. Since they made application to the City, Mr. O'Brien said the wood frame building had been removed, so now there is jUst an open faced CBS building with gas pumps in the front. They propose to remove the existing CBS building and put in a small 333 square foot concrete building with a canopy extending. The building would ~e.~in the middle of the canopy, and the canopy woUld be eX,tending 35 or 7'0 feet in either direction. Gas pumps would be on either side of the building. It would be a self service type service station. The square footage of the building would be reduced by a numerous size. An 11,062 square foot woOd frame building would be remove~ and a 300 square foot caShier~type CBS building would be erected with a canopy over the top of it. - 2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Mr. O'Brien said he gave some site plans to Bert Keehr, Deputy Building Official. Mr. O'Brien continued by telling the Board the whole situation would be upgraded and the square footage on the property would be lessened. The pump islands would~be increased. Mr. O'Brien said the main point of contention is the chang~ in the property!ove~~ a certain percentage. Therefore, 'they would fall into non- conforming or a violation of the City zoning ordinances. Mr. O'Brien said the applicant wants relief from the City zoning ordinance, which they think is detrimental in quite a few ways. Mr. O'Brien informed the Board that there are 26 service stations in Boynton Beach. The section of the Zoning Code was investigated by Mr. O'Brien, and he felt his distances were within 50 or 60 feet. He told the Board the zoning requirement, as printed today, puts something like 21 of the 26 service stations in Boynton Beach in violation of the existing Code. Workingman's Friend is trying to upgrade and improve. Mr. O'Brien felt the Board would find the 21 service stations in a non-conform- ing status. Workingman's Friend was there for relief from that restrictive requirement of the Code. Mr. O'Brien said the Code does not grant a clause. Workingman's Friend is a non-conforming lot size. Ten or 15 years ago when the lot size requirements for a service station were 150x150, the Code spoke to 175 foot frontage. Workingman's Friend Oil, Inc., which has been there since 1969 is on lot frOntage of 154xi57-1/2. If there was a grandfather clause, the applicant would not be speaking to that issue, but there is no grandfather clause for non-conforming lot size. They have to speak to that issue to get a building permit. Boynton_Beach has<a Landscape and Tree O~dinance, and Mr. O'Brien said there .is thick vegetation on the property, There are chain link fences on the south and east. A lot of the vegetation would have to be destroyed to construct the six foot high masonry wall. Mr. O'Brien told the Board he would rather ask for relief than destroy the trees, as he just helped pass an Ordinance to save the trees. Chairman Thompson noted the presence of Councilmember Patricia Wooltey in the audience and Lillian Artis, Alternate. Mr. Gordon asked Mr, O'Brien what the Purpose was of tearing down the house behind the station. Mr. O'Brien said the new build- ing will be going where the eXisting building is. There will be very minor changes. He proposed changes in the concrete areas and drive areas so there could be more landscaping'but the change of the actual ~ocation of the existing building and the proposed building will not be noticed. The only change that will be noticed will be the canopy. - 3 - MINUTES - BOARD OF ADJUSTMENT~ BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Mr. Slavin noticed that there would be an increase to three islands from one island. Mar. O'Brien replied that one island .is there that serves six different pumps. ~hey propose a drive through on either sideOf the cashier's building, which is the building with a part stationary and part. open window, It iscomPletelY closed for security' reaSons and fS-more~or less a setf~Service typesituation, Chairman Thompson asked Mr. O'Brien if the 'size of the building will decrease. M~. Oi'Brien answered, that was correct. There is a CBS building of 314 square feet'-'tha% will be brought~back to 288 square feet; and the wood frame buildin~ which was 1162~ square'feet, has been removed. Mr. Slavin asked Deputy Building Official Bert Keehr if all the plans met all of the requirements aside from the request for the variances. Mr-. Keehr.responded by.saying'theY~adbeen checked over, and there were a couple of Slight violations which could be corrected, Mr. Slavin questioned~'Whether everything would meet all of the specifications and requirements, Mr. Kee~r said every- thing other than the violations would meet all speCifications and he could see no problem with it. Vice Chairman Zimmerman had a copy. of the deed Which was not very legible. He said, according to the deed, the workingman's Friend Oil, Inc, had owned the building since 1968, Chairman Thompson ~asked if anyone in the audience wish~ed~to speak in favor of granting the variance. Mr. Don Geiser, 270 N, E, 28th Court, Boynton Beach, informed the.Board he was the current manager of the statiOn. Although he~had-not~.seen the plans, Mr. Geiser understood they would cut down on the traffic problem. Sometimes cars are lined up down to ~22nd A~enue-because there are only two pumps to operate with. It is a very popular station, M~. Geiser tries to be personable to the customers, so they ~keep coming back and are willing %o sit in line at the station, Mr. Geiser is aware of the traffic problem because he has been doing business there for ten years,~ Even though there would be more pumps, Mr. Geiser advised that they would still have the full service operation of checking oil and pumping gas for people but would be giv!ng them the self service option, The additional pumps would cut down the lines to get the cars in on the drive, as there would be~more driveway space, Instead of sitting in line, the cars would be on the property at another pump. Aesthetically speaking, the station would be a lot be~ter, Mr. Geiser said. It~is run down and looks bad now, .It is an old station but they do a lot of business. Mr. GeiSer thought it ~ould also increase safety, It would be a more beautif~i station and provide better working conditions, There would be .a canopy for protectiOn against the rain and a self service option; which they do not have now. - 4 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NQVEMBE~ 9.~ 1981 Although Mr. C~ssandra was not voting at the meeting, he wondered if the first t]lree pumps were original. Further, he questioned if the original pqlmps would be removed and new pumps 'put in. Mr. O'Brien did no' have the architect's plans with him. ~He ~replied that they were in apProximately the same location~ There may be a different co~figuration. '.What they have now is one concrete strip with doui~le pumps on it. What they plan are separate pump islands but ro'~ghly in the same loCation, Mr. Cassandra towards U. S. the walk, Mr. they could com were only befo ~ouldmeet ever they are not g Vice Chairman wanted to mair Zimmerman note Ali, Mr, O'Brie Australian Pin were asking fo the dense vega east boundary. south. There Mr. Keehr said variance for t property does pointed out, t all. Chairman Thom~ was involved. the tanks in gas station he Vice Chairman favor of gran~ speak against- Gustav S, Fae~ tion, 2424 they object did not under~ property does Mr. Faeder sa request to go the new traff~ would be brine ~as concerned that the pumps may be going more which would give less space between the drive and [~'Brien' stated the~ were restricted as to how close to U, S. 1. Mr. g'Brien told Mr. Cassandra they ~e the-Board for three~th~ngs in ~the Code, but they Code requirement of the City excePt for the fact ~andfathered, ~immerman asked about the shrubbery that the applicant rain instead of constructing a masonry wall. Mr. only a portion on the east boundary line was shown. said~~ they were'tryihg~to~do, was'tO get some dense tr.ees and hedges. Mr. O'Brien further said they a par~tial variance so they would not have to destroy t~t~on. Mr. Zimmerman asked-if that w~s oniy on the Mr. O'Brien replied it was on the eaSt and on the ~re minimum areas. that would have no bearing on tonight's case. A he concrete wall would not be required because the not-abut a residential district, As staff analysis he Board of Adjus ~tment would'not be voting on that at son asked Bert Keehr what percentage of reconstruction Mr. Keehr answered that other than leaving some of' he ground, it is 100% above ground~, ~t ~s just that a s particular requirements. Thompson asked whether anyone else wished to speak in ing the variance. He asked whether anyone wished to granting the variance. .er, President, Inlet. Harbor Club Condominium Associa- ~th~Federal Highway, Boynton Beach, told the Board the variances mainly on the basis of the wall. He ~tand why that was not a part of the Code as the adjoin the Inlet Harbor Club Condominium property. od the Association was primari!y concerned with the without a wall. As Mr. Faeder visualiZed the plan, .'c lane would be about where the old house was, which ling vehicles closer to the fence, Mr. Keehr tOld him that was not true, - 5 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Mr. Faeder said the Condominium Associati°n had put up a chain link fence. They were concerned the walI would not be there to block them off a~d protect them from noise and flashing lights, They would like to see the Australian~pines go, as they'are about sixty feet in the air. They go down in high winds and~break up the black top. on the property of Inlet Harbor Club Condom~nium~ Mr. Keehr explained to'Mr. Faeder that the zoning regulation calls for a concrete louvered'waI1 at least five feet high~-separating residential zoned property, 'What is there is residential use that is zoned commercial. Therefore, the wall is not reqni, red for the mere fact that in the future it is hoped the residential use will be ~onverted into a commercial use, which is what it is zoned for~ There are three lots behind the gas station that are still zoned commercial but are used~~ for residential~ Mr. Keehr told Mr. Faeder that is what the regulation is, and they are not required to put up a wall. M,r. Faeder thought it was unfortunate, help to them to see.a wall up there. He sa±d~ it would be a big Cha~irman Thompson asked if anyone else w±shed to speak against the granting of the variance. Robert Gordon, Board Secretary, read a letter addressed to the Board from Gustav S. Faeder, President, Inlet Harbor Club Condo- minium Association, 2424 North Federal Highway, Boynton Beach, dated November 5, 1981, as follows: "Please be advised'that I plan to attend the Public Hear~ ing on 9 November ±n opposition to the three variances from the Zoning Code requested by Workingman"s Friend Oil Co,, 2508 North Federal Highway, Enclosed is a copy of my statement for inclusion in the record, If necessary, or desirable, I shall be happy to read it into the record at the 9 November Hearing," Mr, Gordon then read a "STATEMENT FOR'THE RECORD OPPOSING THREE VARIANCES IN THE ZONING CODE REQUESTED BY WORKINGMAN~S FRIEND OIL, INC," A Copy of said statement is hereby attached and made a part of these minutes. Chairman Thompson advised that was the only letter he received against the variance, Mr. Blum informed Mr. Faeder'that he had been in his area and went through al~ of the buildfngs except the c~mplex Mr. Faeder is in, because Mr, Faeder's ,complex is in the back, a little more than 400 feet, Of all-of the buildings where Mr. Blum made inquiries, not one protested the gas Station. It seemed that Mr. Faeder's complex was the only one protesting the station. He went into at least ten buildings. Mr. Faeder said he made no reference ~to any Other residents in the area, He spoke only for the condominium. - 6 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Chairman Thompson asked Mr. O'Br±en what would be going back in the area where the house was demolished. Mr. O'Brien answered %hat it would be just open area. Nothing has been planned for it at this time. Mr. ©'Brien told Mr. Faeder he should remember that nothing could be done if it did not. meet all of the city Codes, so if any- thing would'be planned in the futur~, he doubted if it would meet the Code, so it would always be an open -area. Vice Chairman Zimmerman thought the B'°ard should only consider the frontage aspect, the.distance between this ~station.~and-the one south of it, and forget about the wall. Chairman Thompson agreed. Mr. Ridolfi felt the difference between the stations was not a real question insofar a.s there are many stations already in oper~ ation, ~he same as this one, that do not comply with the rules of so many feet apart. Also, it is an existing business'and not one that is coming in new. He did ~not think that should be a 'major problem. He asked if the footage in the front to the street was about 20 feet. Mr. O~Br±en advised that it was 22 feet. With the proposed plans for the islands, Mr, Ridolfi thought cars would move more easily and there would not be a tie-up of auto- mobiles in the area. Mr. Ridolfi did not think-the 22 foot variance would be a hardship for the general public but a convenience. Chairman Thompson agreed with the owner that as the station stands now, it is an eye sore and could operate in its present state for the next 100 years without changing. He could see no way to turn the station. You Would not have a front. Mr. Keehr said regula- tions called for it to be on both sides. Vice Chairman Zimmerman moved to grant a variance on the distance requirement and the front footage requirement because he felt as they were owners of the property and in business there since 1969, even though it was non-conforming, it was desirable. Also the improvements will make the property look much better. The motion was seconded by Mr. Blum. A roll call vote was taken on the motion as follows: Mr. DiSarli Mr, Bium ViceChairmanZimmerman Cha±rman Thompson Mr. Gordon, SeCretary Mr. Slavin Mr. Ridolfi Aye Aye Aye Aye '~ Aye Aye Aye Motion carried 7-0. - 7 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Mr. O'Brien thanked the Board and referred th.em to a letter he drafted to City Manager Peter Cheney which has not been sent, as he was awaiting the outcome of the hearing~ In the letter, Mr. O'Brien said he was asking the City Manager to ask the CitY staff to review the section'of the Code that requests a 1,000 foot setback on new stations. Mr. O'Brien is asking that the City Manager have the staff review a grant on.this type of clause to the existing stations, 'as 21 out of 2'6 stations in the City of Boynton Beach are in violation. Mr. O'Brien tOld the Board he would appreciate it if the Board could also send some sort of a memo to the City Manager or to the Buildin-g~Official wherein they would ask ~the City Attorney and City Planning Staff an~d City Zoning Staff to toOk into the situation so it can be corrected and the problem~will not become'before the Board in the future. Chairman Thompson did-. not believe it would be a concern of the Board, atthoug~h he wholeheartedly agreed with Mr. O'Brien. All the Board could do would be to ask the City Council to consider it. Property: Request: Lot 1, Block 2, LAKE EDEN, Plat $2 Recorded in Plat BOok 29, Page 53, Palm Beach County Records and also that portion of Lake Worth Drainage District property adjacent thereto, more particularly described as an area 706 in width and 244.1' in length lying northeast of subject lot. Relief from maximum fence height, of 6~ to be allowed to build two tennis court, back stop~ ~en feet high Address: 34i6 South Lake Drive Extension Applicant: F.F. and Marianne Deckwitz Mr. Robert Gordon, Secretary, said the property is presently zoned R-1AAB residential and was formerly zoned R-1AA. A denial was made upon existing zoning requirements from which relief is reqUired, Section 4-J-1 of the official zoning regulations States that fences, hedges and walls shall not exceed six feet in height in a residential zone. Mr, Gordon read the petition of the applicants. The appli- cant proposes to raise two existing six feet high baCkstOps to a ten foot height. Mr. Fred Deckwitz appeared before the Board and-asked if the Board was familiar with the meeting of August 10 and whether they had seen the property. Mr. Ridolfi said he talked to people on the east and west side of - 8 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 the canal and also on Mission Hill Road before the meeting. ever, he could not make it to the meeting, How- Mr. Deckwitz said there was a tie vote, as there was not a full Board with only six members. Since August 10, Mrs. Deckwitz appeared before the City Council, They were sympathetic and recommended that it be resubmitted to the Board of Adjustment with- out payment of the ~fee. Mr, Deckwitz informed the Board that the clay court is in and the six foot fence was up, He requested an additional four feet, A lot has been added to the appearance of the property, The court was very expensive, $15,000.00; and several neighbors came with them tonight. However, to make it a tennis court, the 10 foot back stops are needed, In the meantime, Mr. Deckwitz fur.ther informed the Board, that their son has played himSelf into the No. 1 State Doubles of Tennis in Florida. Six feet is insufficient for him, Chairman Thompson commented that he does not pass judgment on property without seeing the property. He saw the property but did not talk .to anyone. Mr. Siavin said Mr, Deckwitz presented his request at the August meeting and kept using the word "fence." Mr. Slavin told Mr. Deckwitz at that time that according to the statutes, a fence is six feet high, and that'was the basis on which'Mr. Slavin cast his vote, The wording 'has now been changed' to "baCk stop", which to Mr. Slavin is a different name. Mr.. Slavin said-he could appreciate that a back.stop serves a different purpose than a fence, Mr. Stavin saw the article in the Sun Sentinel', which he could take umbrage at,~but he would not. Mr. Slavin could under- stand Mr. Deckwitz' position but explained that was the basis of- his vote at the time. Now a back stop is being discussed, which Mr. Slavin thought.was a different matter entirely. Vice Chairman Zimmerman asked what kind of material the additional four feet would be made of. Mr. Deckwitz replied the same material. The contractOr will be placing a ten foot wire mesh on two back stops but at the time permission is granted-, the six foot will be taken back by the contractor, and a ten foot will replace it. Mr. Cassandra was a voting member on August 10, and although he would not be voting at this meeting, he wanted, to make some comments. Mr. Cassandra said he has heard constantly the word "hardship". The Board of Adjustment "bible" says a multitude of".things should be considered and then eValuated.to see if~the apptican~should~bedes~ing of it. Mr, C 10, of the Be follows: "2. a, Ir f~ p~ assandra read from page 19'39, Appendix A-Zoning, Sec. ynton Beach Code, from "B", "POWERS AND DUTIES", as granting any special exception, the board shall nd that such grant will not adversely affect the blic interest." - 9 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 That spec±al conditions and circumstances exist which are peCuliar to the land, structure, or building involved and which are not applicable to other lands, structur~es, or buildings~in the same zoning district, That the special conditions and circumstances do not result from the actions of the applicant." 4. In granting variance: c. Under no circumstances except as-permitted above, shall the board of adjustment grant a variance to permit a use not generally, or by~ special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning distric't. .· ." Mr. Cassandra said when the applicant submitted his request, it was understOod he was only going to put ten feet at the end of the court. Looking at the words, Mr. Cassandra said the Board would find they denied Mr. Deckwitz the court while other courts are there. They heard ~the other fences were ten feet high because they were inside the property lines of the people. Yet Mr. Deckwitz received from the ~Lake Worth Drainage District permission to use the property for a tennis court. As far as Mr. Cassandra was concerned, ~it was thee property of Mr'. Deckwitz by the right given by the Lake Worth Drainage District, as he has written permission to use the land. Mr. Cassandra said Mr. Deckwitz also has the area to put the-ten feet without a variance. Mr, Cassandra fett Mr...Deckwitz should be granted the variance because of the reasons above stated. He asked the members to consider all of the reasons as 'sta~ed in the' Code. Chairman Thompson asked if anyone wished to speak~ in favor of granting the variance. John Pagliarulo, 3546 South Lake Drive, Boynton Beach, lives about three houses south of the property, He saw the tennis court being erected and was shocked when the balance of the~ job was not completed. He felt it should be completed to the normal height for the protection of the public, He wanted the' Board to vote in favor of the ten foot height. Gerald Skin'er, 931 S. W. 34th Avenue, Boynton Beac~ said he lives on the east side of the canal, and there are four tennis'courts in the area, Approximately' four years ago, he owned one of the Courts and came before the Variance Board with the exact same request at that time. He was denied when he had a 4~3 positive vote. At that time, you needed a 5-2 vote. At that time, you had to show hardship. - !0 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 ~r. Skinner .said playing tennis with a six foot fence ~is a hardship. When he came before the Board, Dr. Skinner said members on the Board asked him who would play on the court. He said his family and friends, which~was true. However, Dr. Skinner said every court in the area, and even the new court will be the same, have people who play that the.owner does not know.' Neighbors ask if their friends and relatives may use the court. Dr. Skinner said he would like to come baCk again and have his request reviewed again. Dr~ Skinner said the court certainly enhances the valUe of %he neighborhood and keeps the neighborhood a neighborhood insofar as people knowing each other. Ir'is where people get together and get to know each other and is what a City and town are all about. Larry Bartley, 3415 South Lake Drive, Boynton Beach did not know of anyone who would benefit any more from the cour~ than he because he lives across the street from it. Mr. Bartley thought the court enhanced the vaTue of his property and other properties in the area. He could see nothing wrong with the'court. He asked the Board to grant the variance because he haS small children and did not want to see his children running out in the street to chase a ball because of a lOw fence. Ernest Smaller, 342-6 South. Lake Drive, Boynton Beach is a next door neighbor of Mr. and Mrs, Deckwitz. The court is adjacent to his prOperty with a few trees inbetween. If anyone should object, it' should-be him, bu~t Mr. Smaller said he would not'because Mr. and Mrs. Deckwitz have done it in such a nice fashion, There was a lot of applause from the audience and comments of, "We are all for it!" Hendrick Schalkwyk, R41 S. W. 334d Place, Boynton Beach, ~hD~lives directly east of the property,thought it looked very nice. He can have a full view of the~court and said he was for it. Mr'. Schalkwyk said they look like back stops and not a fence. Tom Courtney, International Tennis Coach, who~coaches the Deckwitz boy, pointed out that standard tennis courts require ten'foot high back stops for championship tennis. Mr. Robert Gordon, Board Secretary read the following communications which the Board received in support of the variance: 1. William A'~ Cunningham, Jr., 3425 S. Lake Drive, Boynton Beach, wrOte a grave injustice was done when the variance was denied and that they support the 10 foot fence. The letter was dated 10/2'8/81. 2. Jean Pierre and JAnick de Fabrique, 3505 South L~.ke Drive, wrote that they were upset when the variance was refused. TheY live in the same street and always admired their' house, especially the yard~ which is being taken care of beautifully. Because of all the trees and bushes around it, they cannot see the tennis court from street. ,A tennis court without a 10 feet fence is not a tennis court. The'house across the street from us has a tennis court with a ten feet fence, a variance that was given Mr. and Mrs. Bowles 'a - 11 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 few years ago, so why should some people be more privileged than others?" There was applause. 3. The letter from Hector Claeys, R34 S~, W, 34thC.ourt, said they had no objections as-they were l~oking at a 10. foot fence across the street erected by'Mr. BoWles. They could not see why the Deckwitz's should be denied permission for~their fence. 4. On October 28, 1981, Mr. Chris B. Wilder, 933 Mission Hill Road,wrote that he wished to lend his support tO Mr. and Mrs. Deck~itz, ,The decision of the three board members to turn down this request seems robe rather arbitrary, since at the time they made their decision, they hadn't seen the propertY in question. The Deckwitz's have transformed what was formerly a neighborhood eyesore into a beautifully landscaped'piece of property. This entire issue is quite a paradox when you consider if !they-erect a ten foot fence with a wire mesh extension to inc~eaise a six foot fence to ten feet it would surely be another eyesore, but it would be "legal", However, if they erect a ten foot fence which would be aesthetically acceptable, it would be "illegal". Where is the rationale?". "The Lake Worth Drainage District has approved Mr. Deckwitz's request and all of his twenty-nine neighbors are agreeable, so why not reconsider this issue' and grant this man and his family their request?" 5. Peter Batyko, 3525 South Lake Drive, could not understand the Board's action., or lack of action, in the disallowance of the variance requested by his neighbor, Mr. Fred Deckwitz. He had no objections to the ten foot fence around Mr. Deckwitz' tennis court. Mr. Batyko wrote that he understood none of the neighbors objected. "Was not,this enough notice to your Board as how the neighborhood felt? After your action to the above matter in question, why did you even bother asking us about our opinion? Mr. Batyko never met Mr. Deckwitz but thought what he did to the lot was a vast improvement. "That corner was an eyesore before. I am happy to see the tennis court there. It looks great. I am both surPr±sed and disappointed concerning your decision. For a family that has just recently moved to Boynton, we cannot understand your reasoning. Is this Boynton poli'tics? I trust that your future judgment will take a little more thought and reasoning. Please reconsider." There was a lot of applause. Chairman Thompson asked if anyone wished to speak against the granting of the variance. Mrs. Lillian Artis advised that she saw the property and knows about it. Mr. Blum repeated what he said at the last meeting. He was for the variance then, he saw nothing wrong with it, and thought it would enhance the neighbOrhood and the property. For that reason, Mr. Blum said he would go along with it and say OK. - i2 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 Mr. Ridolfi noted that the article in the Sun Sentinel Said that this property, unlike other properties in the same zoning district, is too small in square footage to accommodate a tennis coUrt within the required building setback, Additionally, this height restric- tion does ~ot work an unnecessary and undue hardship on this property only, Mr. Ridolfi Said the Board did have confirmation that the Lake Worth Drainage District did give Mr. and Mrs. Deckwitz permission to build the court. Mr. Rid01fi could not understand why Mr. and Mrs. Deckwitz did not come within the required setbacks. Mr. Bert Keehr explained that the majority of the court was on the property of the Lake Worth Drainage District. However, the staff analysis pertains to setbacks within his own property. They are allowed to go within 25 feet of the setback. The fact is the lot is not large enough to contain it within its true boundaries. Chairman Thompson pointed out that the tennis court is on both properties, although the Lake worth Drainage District allowed Mr, and Mrs. Deckwltz to use the property. The City is just concerned With what is in the City limits. Mr. Cassandra remarked that regardless of where ~the tennis court is, Mr. Deckwitz still had to get permission to .build it. Mr. Cassandra said the City allowed the court to be built. Mr. Keehr informed the Board that the~City deals in property lines. The court is b~yond Mr. Deckwitz's property line. However, he does have permission to build there, and he is the agent for the Lake Worth Drainage District. As far as building it, the City has no problem with it. The City only has a probl'em with the height. Mr. Ridolfi explained that Mr. Cassandra wondered how Mr. and Mrs, Deckwitz got permission to build a tennis coUrt when there was not enough room originally to build it, but then Mr.-Deckwitz said the Lake Worth ~Drainage gave him permission to..us~ their ~property, which ga~e~., and-Mrs. Deckwitz all of the property they needed. Chairman Zimmerman asked if the usage of the word "fence" or "back stop" would be of any importance in this case. Bert Keehr, Deputy Building Official, advised that they were dealing with a structure and, therefore, any structure over six feet would apply, Mr. Keehr did not~tha~had~.anybearing on it. Mr. Keehr said the City is going to address back stops fOr tennis, courts in its regulations in the near future. Mr. Keehr hoped that Dr. 'Skinner could be patient. Mr. Ridolfi moved to grant the variance. Mr. Ridolfi sa£d his reasoning was that basically, the entire neighborhood is for it, ~lso the p~operty looks good, and sometimes tennis players hit a ball - 13 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA NOVEMBER 9, 1981 high. Mr. Ridolfi expressed that the entire area was a well knit group of people that will be enjoying the court. Mr. DiSarli seconded the motion for the same reason he gave in the prior meet- ing. He was~ in favor of it because it was for the neighborhood; it enhances.the neighborhood, and all of the neighbors certainly agreed to it. Mrs. Ramseyer took a roll call Tote on the motion as follows: Mr. DiSarli Mr. Blum Vice Chairman Zimmerman Chairman Thompson Secretary Gordon Mr. Slavin Mr. Ridolf± The vote was 6-1 to grant the request. Aye Aye No Aye Aye Aye ~There was applause. Mr. Slavin was glad that the Building Department saw fit to recognize the need for ten fOot backstops. He stated he hopes to bring it before the City Council to enact it as an ordinance. There is no doubt that it is needed, and perhaps a lesson was learned tonight. If the Board makes mistakes and profits by them, perhaps nothing serious has been done. There was a great amount of applause and jubilation by the audience. ADJOURNMENT Secretary Gordon moved, seconded by Mr. Blum, to adjourn, and the meeting was properly adjourned at 8:35 P. M. Respectfully submitted~ Patricia Ramseyer Recording Secretary (Two Tapes) - 14 - · ~ ~ )~ Condominiums  IDI THE GREATER PAL/V% BEACH AREA APPENDAGE to minutes of Reg. City Council Mt' g 11/9/81 (See page 6) -' 2424 North. Federal Hwy. * Boynton Beach, Florida 33435 STATEMENT FOR THE RECORD OPPOSING THREE VARIANCES IN THE ZONING CODE REQUESTED. BY ~ORKINGMAN' S FRIEND OIL, .INC. The Board of Directors of the IHCCA (Inlet Harbor Club Condominium Assc.) has directed me to register a strong objection to the variances requested by Workingman's ~riend Oil, Inc. Inlet Harbor Club is contiguous to 2508 North Federal Highway, the property for which the variances are asked. Our condominium is a. property with an assessed value of some $4,000,000. It generates tax revenues of $75,000.yearly in support of local govern- :~':'ments; this amount will. dramatically increase if assessments follow the -trend of the past two years. IHCCA has expended in excess of $50,000 to enhance the attractiveness of -'the property. We have a beautiful and unique condominium of which we are ~-jus.tly proud, and we wilI continue our program to make it even better. ~The prOPosed-variances will work to deteriorate the quality of our area. Despite the replacement of an old gas s~ation with a new one, expanding and enlarging the service facility that abuts our property can only have a negative impact not only on us but also on the other residences in the neighborhood. ~- The °nly purpose for a zon{ng code is to provide for systematic growth without detriment to the quality of existing areaso The requirements'for · ~nimum' frontages, distances between stations, and for a solid five-foot buffer wall were written into the Code to protect effected parties. grant the requested variances does violation to the Code itself and to its objectives. The requested variances will not only encourage a major increase i~ the operation concerned, but also pave the way for additional, related operations that can only generate more noise, trash, and.pollution. We obviously do not want this to occur; we want to continue :[the'program to improve our property° In that way we are contributing in a small way to the city of Boynton Beach as well as to our own qu~tity of life here at Inlet Harbor Club. We'ask respectfully and with serious concern that you support our own Zoning Code by voting to disapprove the three proposed variances ~~er, Pres. Inlet Harbor Club Condominium Association