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Minutes 08-10-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY ~LALL, BOYNTON BEACH, FLORIDA, MONDAY, AUGUST 10, 1981 AT 7:'00 P, M. PRESENT Vernon Th.o~pson, Jr., Chairman Carl Zimmerman, Vice Chairman Anthony DiSarli TheOdore Blum Paul Slavin, Acting Secretary Nick Cassandra, Alternate ABSENT Ben Ridolfi (. Excused) Robert Gordon, Secretary (~xcused)~ Lillian Artis, Alternate '~Excused) Bert Keehr, Deputy Building Official Chairman Thompson called the meeting to order at 7:00 P. M. He announced this was the first meeting since June 8t~h~because members were on vacation. Chairman Thompson introduced the members of the Board, Deputy Building Official, and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong. MINUTES OF JUNE 8, 1'981 Mr. Blum requested that his name be added to the last paragraph on page 12 of the Minutes cf June 8, as he had stated he would attend the meeting on July 13, if there had been a meeting, but his name was not shown as one of the members who would be present. Mr. DiSarli moved that the minutes be accepted with the above correc- tion. Mr. Cassandra seconded the motion. Motion carried 6-0. PUBLIC HEARING PARCEL #1 - 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 a~jacent thereto more particularly described as an area 70' in widt~h and 244.1' ~n length lying northeast of subject lot. Request - Relief from maximum fence height of 6 feet to be allowed to build two tennis cou~t back stops ten feet high Address - 3416 South Lake Drive Extension Applicant - F. F. & Marianne Deckwitz MINUTES - BOARD OF DJUSTMENT AUGUST 10, 1981 Paul Slavin, Acting Secretary, read the application and the reason for the request, noting that Section 4 - J.1 of the Official Zoning Regulations states ~hat fences, hedges ~nd walls shall not exceed six feet in height in residential zoneS~. Ten foot high backstops are accepted as proper height for regulation tennis, preventing balls from going onto the street. The larger~ or largest easement in the area creates a hardship on Mr. and Mrs. Deckwitz to maintain the property. A tennis court would be less maintenance. Chairman Thompson asked Mr. Deckwitz to come forward but informed him there were only six members voting tonight, which did not constitute a full board. Chairman Thompson advised any four members will approve or deny the request. If there was a full board, ~i~! would be required. Mr. Fred F. Deckwitz, 3416 South Lake Drive Extension, came forward and introduced his wifej, Marianne, stating they were ~he owners of the property. Mr. Deckwitz said they were requesting to be allowed to set ten foot tennis backstop Chain l~ink~¥fe~ and to the South of the tennis court that will be located mostly on the Lake Worth Drainage District land. Lake Worth Drainage District granted permission to Mr. and M~s. Deckwitz to encroach onto the District's land early in April. Mr. and Mrs. D~eckwitz asked the Lake Worth Drainage District to inspect their property and they granted permission for a tennis court and 'the fence. At that time, Mr. and Mrs. Deckwitz did not know they had to get permission from the Board of Adjustment. Mr. Deckwitz advised that the land between his property and the canal is approximately 18,000 square feet. He said his reason for hardship is that he maintains the easement land, which is the larger part of land, and his land. The tennis court would take 1/3 of the land. It is the largest easement in the neighborhood, having 244 feet on the water, and varying from 84 deep to 75 deep. Mr. Deckwitz said it.is expensive to sprinkle and maintain the land. There is no neighbor to the North of the Deckwitz property as the bridge is there, to the East is water, to the West is Lake Drive Extension, and the neighbor to the South is in favor of the tennis court. A maintenance man quoted Mr. and Mrs. Deckwitz a price of $200.00 or $250.00 a month to maintain the property, which would pay for a tennis court in three years. The tennis court will take a lot of the grass away, and Mr. Deckwitz said a ten foot high fence was needed to prevent the balls from reaching the street. Mr. Deckwitz informed the Board a· member of his familY was Boynton BeaCh's strongest tennis player, and that was why he wanted a ten foot fence behind the court. Chairman Thompson asked if shell rock was there~now. Mri Deckwitz said they reached the first stage. Pea rock is used first, then a smaller rock on top of that, and then comes the famous green clay.' Mr. Cassandra confirmed that the ten foot fences would only be at the North and South ends but the mid portion of the court would be within the City Ordinances. Mr. Deckw~tz said he would not Want six feet on either side because it wa's.not needed- and expensive. He said they would be happy to stop the balls, like a horse shoe, MINUTES - BOARD OF~ 3JUSTMENT AUGUST 10, 1981 on either side. Mr. Cassandra commented that he visited the area and noticed a tennis court right 'on the street, that was ten feet high, on another property. Mr. Deckwitz has shrubbery on the North end of ~the property which would partially hide the fence. Mr, Cassandra told the BOard that the tennis court is hidden from view. Mr. Cassandra pointed out that if the Lake. Worth Drainage District wanted the easement back, Mr. Deckwitz would have to-tear down the tennis court and fences. Mr, Deckwitz said they had isigned papers to that effect. Mr. Zimmerman asked who would be using the tennis court. Mr. Deckwitz replied ~is famil~ and i~3~illr~-bea public tennis court. Mr. Zimmerman wondered,-since the cOurt will be on public property owned by the Lake Worth Drainage DiStrict, if Mr. DeCkwitz will have difficulty keeping the public from using the Court. Mr. Deckwitz said it was hard to determine. He said the same day he received approval of the tennis court from the Lake Worth Drainage District, he also received a notice from the City of Boynton Beach saying there was too much growth on the North-side of his property. Mr. Deckwitz said he.does no% own the property the ~ity of Boynton Beach referred to and thinks ~ ow~s~· The Lake Worth Drainage District took care of the growth. Mr. DeCkwitz said everyone thinks he ~ow~s'~ the property. Even he thought, when he purchased the house, that the property would go to the water. Mr. Zimmerman said he realized Mr. Deckwitz did not have to maintain the property but it is to his advantage to do so. Mr. Deckwitz said everyone along the easement maintains it, and he brought up the maintenance as he does have twice the land everyone else has, but if he did not have twice as much, he could not put in a tennis court, Bert Keehr, Deputy Building Official, presented an aerial view of the proposed tennis court to the Board. Mr. Blum asked Mr. Deckwitz if he planned to have a screen~on'.~the fence after it was built and Mr. Deckwitz said they had not planned on it, it would be open and not closed at anytime. Mr. Keehr pointed out that this was not an easement~but an actual right-of-way owned by the Lake Worth Drainage District. This particular property is within the district of a residential zone, and no matter who owns it, they fall.under the guidelines of the City ordinances. Chairman Thompson asked if anyone would like to speak in favor of granting the request and received no response. He asked if anyone would like to speak against the granting of the request and received no response. There were no communications. Mr. Slavin said, in his opinion, a ten foot fence would be needed on the east boundary closer to the canal because a lost ball would go into the canal. There was nothing that would need protection north and south. Chairman Thompson said in looking over the request, he did not see - 3 - MINUTES - BOARD OF ADJUSTMENT AUGUST 10, 1981 a hardship, He stated he had been on the BOard for eight years and did not know where they permitted someone to ~ons~ruct a ten .foot fence, Bert Keehr, Deputy Building Official, said the lot referred to by Mr. Cassandra belonged to Tom BOWles, who was an electrical contractor and still a resLdent of the City, and' he was granted a variance, Chairman Thompson stated the var±ance was granted for a variance on Mr. Bowles' property, Mr. Keehr said if the fence is a structure, it would be allowed to be twenty-fire'feet ~n the setbacks. Mr. Cassandra asked if a person was building on his own property, could he build a ten foot fence, and. Mr. Keehr replied, "Yes, as long as he has sufficient setbacks. Setback requirements are based on the actual property line. Mr. Blum informed the Board he went to about seven or eight homes and there was no objection by any one to the tennis court. He said he could see no problem with allowing the court. Mr. Slavin said City Attorney Vance had cautioned them about the word "hardship", and he could not see where a hardship had been created. He also said he could not see where a ten foot fence was so necessary. He said the Board should consider whether it was a hardship and who created the hardship. Chairman Thompson said the purpose of .the Board was to grant a variance, no matter who created the hardskip~ Mr. DiSarli said he also visited the area and two doors down, on the same side of the street, is a tennis court. At that property, the fence looks higher than ten feet, possibly twelve feet. He said the fence would not block the neiqhbors' vision, not cut' ~h~ air circulation, and the neighbors agreed to it, so he feels they deserve to have the fence. There are hedges across the street at least seven feet high. He asked why it should be done for one and not the other. Mr. Deckwitz advised the Board that even if the ball was hit hard, it would never reach a neighbor's property, but it would reach the water. He reiterated it is a hardship to keep the property in shape. A tennis court does not have to be mowed, sprinkled, sprayed, or require hard work. Chairman Thompson pointed out that adjacent property owners cannot make the decision because the Board should make their decision on the laws of the City. He repeated that for the request to be denied or granted, there must be four votes. Mr. Blum moved to grant the. request as the neighborhood is'beautiful,and the applicants have a lovely home, which would be enhanced by having a tennis court. He could see no reason why it should not be granted. The motion was seconded by Mr, DiSa~li. - 4 - MINUTES - BOARD OF ADJUSTMENT AUGUST 10, 1981 As requested, Mrs. Ramseyer then took a roll call vote on the motion as follows: Mr. Blum - Aye Mr. DiSarli - Aye Mr. Slavin - No Mr. Thompson - No Mr. Zimmerman - No Mr. Cassandra - Aye Chairman Thompson said the vote was 3-3 and four votes were required. He said the Board coul'd take a five minute break or bring it up at the next meeting. Mr. Cassandra moved that the Board take a five minute break, seconded by Mr. Blum. The motion' carried 6-0. Chairman Thompson reopened the meeting. He advised the Board he felt it would be better to table the request and have an attorney make a decision on it. Mr. Slavin asked Mr. Deckwitz if he could attend the next Board meeting on August 24, and Mr. Deckwitz replied that he couldl Mr.. Slavin moved, seconded by Mr. DiSarli, to table the request until they could talk to City Attorney Vance. Motion carried 6-0. Mr. Keehr said there was a strong indication that the City Attorney, under the present ruling, will say'that the request has been denied. In that case, another meeting would not be necessary. Chairman Thompson noted the City Attorney will make the decision, and the City may deny the request because there were three votes against it. Mr. Zimmerman said there was a possibility that if it is readver- tised, there may not be enough time to have two full weeks notice in the paper before August 24. Bert Keehr stated that it may not even be required to, be readvertised. Bert Keehr advised the Board that it is unlawful to make state- ments off the record. Chairman Thompson read the following memo to the Board, which was from Assistant City Attorney James Wolf to Tereesa Padgett, City Clerk, dated June 11, 1981: "You have made an inquiry concerning the legality of a City Board going off the record during a public meeting and requesting that the recording equipment be shut off." Under Florida Statute 286.011, all meetings of public hod±es must be done in the sunshine and in accordance of the spirit of this law, no matter can be discussed off.the record. I would, therefore, - 5 - MINUTES - BOARD OF ADJUSTMENT AUGUST 10, 1981 instruct you and your personnel to insist that all pro- ceedings before a City Board be recorded." Thomas Deckwitz, son of the applicants, came forward to ihvite the Board members to visit the property. Chairman Thompson said as a rule, all members do go by the property of applicants prior to a meeting. Chairman Thompson suggested that any'time anyone wishes tO make a statement before the Board, they should come up to the micro- phone so it could become a matter of record. ADJOURNMENT Mr. Slavin moved to adjourn, seconded by Mr. DiSarli-. Motion carried 6-0, and the meeting was properly adjourned at 8:05 P. M. ~atricia Ramseyer Recording Secretary ~Two Tapes ~ - 6 -