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Minutes 03-09-81MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, MARCH 9, 1981 AT 7:00 P. M. PRESENT Vernon Thompson, Jr., Chairman Carl Zimmerman, Vice Chairman Robert GOrdon, Secretary Theodore Blum Anthony DiSarli Benjamin Ridolfi Paul Slavin Lillian Artis, Alternate Nick Cassandra, Alternate Bert Keehr, Deputy Bldg. Official Chairman Thompson called the meeting to order at 7:00 P. M. He introduced the Deputy Building Official, members of the Board and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong and Vice Mayor Marty Trauger. MINUTES OF FEBRUARY 9, 1981 Mr. Slavin made a motion that the minutes be accepted as received, seconded by Mr. Z±mmerman. Motion carried 7-0. PUBLIC HEARING Chairman Thompson first explained the purpose of the Board. Parcel #1 - That part of SE¼ of SW¼ of SW¼, Seetion 33, Town- ship 45 South, Range 43 East, lying West of the Boynton-Delray School Road as such road is des- cribed in Deed Book 901, Page 564, Public Records of Palm Beach County, Florida. Together with: That part of Parcel "A" of Sky Ranch Estates according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Plat Book 26, Page 94; lying north of the Easterly extension of the South line of Lot 2, Block 4, Mission Hill Subdivision as same is recorded in Plat Book 24, Page 178, Records of Palm Beach County, Florida; less the South 98.76 feet thereof. AND: That part of Lot 8, Block 4, Mission Hill Subdivision according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Plat Book 24, Page 178; lying North of the Easterly extension of the South line of said Lot 2, Block 4, of the aforesaid Mission Hill Subdivision; less the South 98.76 feet thereof. All lying and being in Boynton Beach, Palm Beach County, Florida. MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 Request - Relief from maximum structure height of 25 feet to 45 feet structure.height to construcm a sanctuary. Address - 2929 South Seacrest Boulevard Applicant - Ascension Lutheran Church Mr. Gordon read the above application and the reason noting the title and theology of the church, Ascension, emphasizes verti- cal height, not horizontal, therefore the architectural design and sign of this church requires it to be constructed to a height of more than the 25 feet permitted. Mr. Jim Ferguson, Architect, advised that his firm is the architect for this new sanctuary addition. This church was organized in 1958 and for awhile, it occupied the Boynton Women's Club. In 1961, they acquired this property and built the first unit now used for a sanctuary. Plans were designed at that time with setting aside the high part of the ground for the final sanctuary. This property 'is 4.16 acres. The buildings, including the new addition, will occupy less than 10% of the ground. The parking area will occupy 1.84 acres, which is 44% of the land. Landscaping is 40% of the land or 1.66 acres. The other 6% is walks around the property. Mr. Ferguson pointed out that the small portion being talked about this evening is the area at the top which is about 16 x 16 feet in a square. This is about the size of a stairway going up in a building. Usually stairways are permitted above the height restrictions in most codes. This sanctuary will seat 474 people including the choir. 119 parking spaces are required, but they plan to provide 197 spaces, which is 65% more than required by code and there will still be 40% in green area. He then explained the plan. He stressed that everything is on one floor with no second level or balcony, The area being talked about is in the middle and has a 45 ft. height at the top of the skylight. This is the enclosed space of the church. The rest of the building has been flattened. There is a setback required of 25 feet from Seacrest Blvd. and they will be set back 28 feet. On the north, the required setback is 10 feet and their setback will be 30 feet. To the west, the required Setback is 25 feet and they will be 209 feet from the rear property llne. Mr. Ferguson stated there is a hardship in that this property is not zoned for a church. The church has been in this loca- tion for 20 years, long before the ordinance existed on height limitation. -2- MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 Mr. Keehr stated that he had some points of information for the Board. When this property was purchased in 1961, it was zoned R-2 and under the zoning laws at that time, this church could be built with this height. There was a special vari- ance granted for churches in those days which allowed a church to be 35 feet high and 1 ft. higher for every foot of side yard over and above the required 1.0 feet. This would have been allowed 20 'feet in addition to the 35 feet. One other item is the fact that the steeple from that point up is han- dled by the City Council through the means of certain require- ments that this partiCular location must have. There are about nine points which the City Council takes into consideration. The steeple is not something to be decided by this Board. Mr. Slavin questioned from what Mr. Keehr was quoting? He added that we were not aware of this at the last meeting when this came before us. We go by the new book and it specifically states it is in the R-1AA zone with a height of 25 feet allowed. It was formerly zoned R-2 at the time of purchase and that zone stated the height of 25 feet not to exceed two stories. He would like to know if what he is quoting is still on the books or has been superseded. Mr. Keehr informed him that he was quoting from the prior zoning laws which have been replaced by the current requirements. He just wanted to make the Board aware of the fact that at one time it was legal for this purpose only. It was just given as a point of information. Mr. Zimmerman questioned the height of the present building which is us.ed as a sanctuary now and Mr. Ferguson estimated that it is about 20 feet and Mr. Keehr agreed that would be close. Mr. Keehr added that he would like to make one more state- men~ and advised when he stood on the road, this property is about 8 feet lower than the road; but of course, behind there are single family homes. Mr. Ferguson added there is a 13 ft. drop from the high part of this property to the low part. The corner elevation is 37 feet, but the finished floor ele- vation will be 32 feet. It will be 5 feet in the ground from the high part of the property. The-building won't look as high since it is lower than the road. Chairman Thompson asked if the variance is based on the road level and Mr. Ferguson clarified it will be from the finished floor ele- vation. Chairman Thompson stated the measurement which we are talking about is the street. Mr. Keehr added it is sur- rounding the finished grade area of the structure itself. It has nothing to do with Seacrest Boulevard, which would have no bearing on this. -3- MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 Mr. Ridolfi asked if the surface of the floor will be lower than the land level and Mr. Ferguson clarified that from the high part of the ~roperty, the elevation is 37 feet and this will be 5 feet lower with the finished floor at 32 feet. Chairman Thompson asked if anyone else wanted to speak in favor of granting this variance. Pastor 'Ken Ferguson came before the Board and first reiter- ated that he is not related to the architect. He hopes the Board of Adjustment will pass on this variance. He is not so sure their reas~ons have changed. He would like to intro- duce the members of the church, who did not come the last time ~because everybody they talked to ~the last time thought it was a beautiful plan and there would be no problem. He requested th~m .to stand since they are interested in the plan. He added that other members could not be here in body because of previous engagements. Pastor Ferguson continued that he kno~s each case is considered separately and should not bear upon another, but they are still mindful of the variances given to Motorola and St. John's Methodist Church. Also, they are just two doors from Bethesda Memorial Hospital and are aware o'f the variance given to them. The reason is theological in that the last act of God carries us to heaven and they cannot conceive that direction to be horizontal. The second reason is aesthe- tics. They have ~t talked to one person, officially or un- officially, who d n't feel that aesthetically it was a beau~±ful plan and thought i~ would add a lot to the City. It is an unusual building and will add a lot to the people who see it. Churches fall into a peculiar area of zoning because there isn't any. To the north and east is commer- cial and to the south and west is residential and they are in between the two. Pastor Ferguson then referred to talking to Mr. Ridolfi before the meeting and he was 'advised that Mr. Ridolfi talked to some of the neighbors and could find nobody in the community Who was against this structure. H.e would appreciate this being considered and hopes it will pass the second time around. He also appreciated Mr, Keehr giving the history of the past. The property was bought when that zoning would apply. Laws do change and he is aware that zoning does not apply. Mr. Stanley Weaver, 32.2 S, 'W. 8th Avenue, stated he is not a member of Ascension Lutheran ChUrch, bUt his family is. He would like to point out one thing which he didn't hear men- tioned tonight. He served on the Planning & Zoning Board about twelve years in the past and was probably instrumental MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 in drawing the old rules mentioned. The philosophy behind the height ~striction in Boynton Beach today does not apply in this case. The reason for the height restriction for buildings in Boynton Beach is to prevent a denser population and proliferation of density of population. It has no rea- son to be auplied to a church, hospital or Motorola, which would not create a denser po~pulation. He thinks that argu- ment should be taken into consideration. Chairman Thompson asked if anyone present wanted to speak against the granting of this variance and received no re- sponse. Mr. Gordon then read the attached letter dated March 3, 1981, from Mr. & Mrs.. Carl E~. Taylor. Mr. Zimmerman commented that he doesn't seem to recall who Mr. Taylor is, but he must know him. He doesn't fathom the reason why he should be excused because he has a conflict of interest. At one time, he was a member of this church and was at the ground breaking when it was built. However, he is no longer a member and has not been for many years. Mr. Ridolfi stated if there is no conflict of interest, that is it. He thinks Mr. Zimmerman being the type of member he is should be allowed to vote. Councilman deLong advised that in the past, the City Attorney has ruled where there is no monetary gain, there is no conflict of interest. Chairman Thompson stated he does not feel there is a conflict of interest. Pastor Ferguson stated that he would like to make testimony that 90-99% of this letter is untrue. They should check the Police Department, U. S. Mail and F. B. I., who can tell quite a bit about this neighbor. Chairman Thompson opened discussion to the Board members and encouraged the alternates to take part if they so desire. Mr. Slavin requested that consideration of the steeple portion be explained again and Mr. Keehr stated that the steeple por- tion will-be handled by the City Council. He read several of the items listed to be considered by the City Council in this approval. Chairman Thompson stated tha~ he has to concur with Mr. Weaver regarding the reason for the height limitation. He has talked to the City Attorney, City Manager and others about placing within the ordinance a clause to gov~n these special exceptions, but at this time, we do not have it. It does create a problem with the Board when having to make decisions on cases such as this. He understands the position of the church. There have been many banks, etc., where the Board found it was necessary to go beyond the height limita- tion. However, the Board must make a decision on each case individually. The decision is usually based on a hardship. He does understand the reasons for asking for this height. -5- MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 Mr. Slavin clarified that they are actually asking for a dif- ference of 20 feet over the 25 feet allowed. He referred to 50 ft. lots being platted and stated the original owner could build on these without coming before this Board. Mr. Keehr clarified that this applied to a platted subdivision and a non-conforming lot owned by the same person prior to a cer- tain date. Mr. Slavin pointed out that this property was purchased 20 years ago and they could have built at this height and asked if this same ruling would be applicable here? Mr. Keehr replied negatively as there was a special ordinance and zoning regulation adopted by the City Council to address non-conforming lots, but no such action has been taken on church heights. Mr. Slavin clarified that all we must be concerned with is the issue of the additional 20 feet. Anything above that reverts to the City Council. Mr. Ridolfi referred to the letter received requesting this to be denied because of the parking and explained that no matter what church it is, there is some traffic congestion when the services leave out. We are only interested in the enclosed building which does not go over 45 feet. What goes above that is to be decided by the City Council. They are asking for an enclosure of 45 feet and he thinks we should vote on that. We are all aware of the situationr having dis- cussed it for two hours a couple months ago. There is noth- ing much more to say about it. Mrs. Artis questioned how the density affects this church and Chairman Thompson replied that it has no affect in this case. Mrs. Artis clarified that density concerns a residen- tial structure and Mr. Keehr agreed and referred to the statement made by Mr. Weaver. He added that we have to take into consideration the character of the other buildings sur- rounding this, the affect on air and sunlight, etc. Mrs. Artis commented that she does not think this would be non- conforming to the scenery, but will be higher than the pro- perty to the west. Chairman Thompson agreed, but added this is a unique case with these elevations. Also, it is differ- ent in that the additional 20 feet is not a solid structure. Mrs. Artis asked if the skylight could be considered neces- sary for energy conservation and Chairman Thompson replied that he assumes everything being requested is necessary, Mr. Zimmerman stated our primary reason for granting a vari- ance has always been whether the government in any way had their hand in creating some difficulty or hardship since this property was last sold. This property has been owned for a long time. The'City government did change the ordi- nance. To that extent, the City is guilty of changing the regulation that the members had at the time they purchased -6- MINUTES - BOARD OF ADJUSTMENT MARCH 9, 1981 this land. They always planned to build this sanctuary in the northern location which is ideal. The one built is temporary. They hawe been a little Slow in doing this, but have owned the land for a long while. Therefore, he thinks the City is some- what guilty in spoiling their plans. He knows what those plans were because he was there. Chairman Thompson stated that he feels there is a hardship. If the City is guilty when they came up in 1975 with a new ordinance, it means every piece of property in the City can file for a variance and should be granted. Mr. Zimmerman disagreed and clarified the point he was making was as long as it is in the same ownership. They have owned this land for many years and have had these plans. Mr. Cassandra stated that he felt the following questions should be answered. Did the City create a hardship and how was that hardship created? It was done by a change of ordi- nance and Mr. Zimmerman has brought this out. Is the man's vocation going to be affected by not getting this variance? He believes Pastor Ferguson has given his theology about it being vertical. Why did they pick 45 feet; does the con- struction of the building warrant this? In taking into con- sidera~ion the surrounding area, you cannot even see the church when looking doWn the street from Bethesda Hospital as it is lower than the ground. He also was concerned about the steeple being a lightning rod, but Pastor Ferguson has ~ssured him it will meet b~ilding regulations with the proper grounding facility. Mr. Slavin stated when this matter was brought before the Board last November, the original request was much higher at 65 feet. Inasmuch as the base of the sanctuary, it would be about 7 feet below the road level. He appreciated the comment by Mr. Weaver which was very enlightening. The important thing is now the question of the 20 ft. height, which is within the jurisdiction of this Board. He thinks a hardship was created by the City in rezoning this area. Mr. Slavin moved that the variance be granted to Ascension Lutheran Church as requested for the following reasons: A) They are in the middle of a situation which was forced on them and is not of their doing; B) They were denied a variance several months ago because the height requested was, in our opinion, exo~itant and we all know, regardless of our faith, wha~t worship and faith is to the human being. He feels this variance should be granted. Mr. Gordon seconded the motion. No discussion. As requested, Mrs. Kruse took a 'roll call vote and all members voted in favor with the motion being carried 7-0. -7- MINUTES - BOARD OF ADJUSTMENT OTHER MARCH 9, 1981 Chairman Thompson referred to travel expenses being reimbursed and reminded the members that requests should be turned in monthly at the meetings. Chairman Thompson referred to two Council members being present and requested that something be placed in the handbooks govern- ing these special conditions such as churches. Vice Mayor Trauger recommended that the Board submit a suggestion. He added this was in the fOrmer ordinance. He suggested that a memo be addressed through the Building Department to the City Council presenting this in the form of a change to the ordi- nance. Mr. Keehr adwised the City Manager has already taken this into consideration based on a request by the City Planner and Building Department and it will be handled through the Planning & Zoning Board. This has been started. ADJOURNMENT Mr. Sl~vin moved to adjourn, seconded by Mr. Gordon. Motion carried 7-0 and the meeting was properly adjourned at 8-00 P.M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (One Tape) Carl E. Taylor 2902 S. Seacrest Blvd. Boynton Beach, FL 33435 Gi~ Eal!, Boymt~ Beac~h~ ~Wla. 33~35 P~t I would ask that ye-u re,er to~ ~f I~et~l~ O f objection ~a~e~ ~o~. ~,. 1980 c~e~ t~~ e~~g of %~ vari~ce for ~he Asc~o~ Dm~h~ We s~re~ously object ~ relieZ ~o~ ~, ~~ heigh~ el} 2.~ lee~ %e~ 45 fe~e~ st~e~re h~. ~yo~ if they ~e ~ere: ~ G~is~i~m~y O~ WO~-~ the Le~ as~ s~eerely ~ a 25 foot steele a~ ~e~~ can ~ a ~5 ~oe~ Te~ ~amt ~is v~a~'e ii ~o~d des~o~y the s~ab~ity ~is~ R-l~. ~ea ~ se~t a P~e~e~ for fu~e de. elope. ~ ~ op~on Nr.. C~l Zi~me~a~ ~ao~_excu~ ~~. ~ co~ict of ~erest. .... - ~- to ~is ~ea~ ~ ~e the prop~ a~joi~ the c~ch ,m th~ ~or~h b~ ~ ~ZU;s~ to ~ ~ Boy~n B~ch ~d c~oses a resi.~enc~y about 20 ~le~ south ~ ~ o~~ epi~on ~ ~ ci~ is~ ne~ ~h li~ng i~ ~ ~i~ ~o~tby e~~ rec~i~ ~ sp~ci~ ori~l~ges. ~e t~ ~his . pr~~~ the pr~ch~ sho~ prae~ce ~ ~ of the ~hi~gs ~b~ ~e ~ia i~ ~ b~ines~~ ~NOT PRiE~Y A PLACE 0~ WORS~ ~ th~ ela~ ~da ve~ h~do~ ~f'ic co~i~o~ ~er each .daily ~ y~u i~ advance Zor yo~ ~ consideration ~d operatiom i~ ~s~ mat~er ~ pray that y~ au~ body will t~s vat.ce ~ ne~ p~ ~he des~oyi~ the a~osph~e o~ we~ kep~ ~'. & ~s:. O~ E. Taylor