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LEGAL APPROVAL r MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1996 F. Variance Appeal- Summit Associates, Ltd. - Request for relief from Section 4.J.2 of Chapter 2 of the City's Land Development Regulations to allow construction of a 10 foot high, pre-cast masonry buffer wall for a distance of approximately 230 linear feet along the north property line of the Isles J!{ Hunters Run PUD Killran Kilday~;!gen~~~nt. advised that this is an appeal to a decision of he Board of Zoning Appeal The IslesAJ:lunters Run is a residential project Ir on Congres ue in an area thatwas originally designated commercial. This project was the subject of many years of litigation between the City of Boynton Beach and the property owners. Residential was never considered a viable use. However, the final settlement was amended to add residential. This appeal involves a small walled area located at the north of the property next to WXEL television station property containing satellite dishes in their backyard. There was no problem with these satellite dishes until now because there is an office use to the south. However, from a residential standpoint, they cause a major problem. Mr. Kilday displayed photos depicting the view of the satellite dishes from the Isles of Hunters Run property. This view led to the request for a variance to increase the wall height from 6' to 10' on the portion of this wall which is on the north property line. Mr. Kilday advised that there was a motion to approve the appeal at the Board of Zoning Appeals meeting, however, the motion failed by a 2-3 vote. Mr. Kilday reviewed the criteria required for the granting of a variance: 1. Special conditions and circumstances are peculiar to the land and are not applicable to other lands in the same district This property was designated for commercial, and decisions were made regarding adjacent properties assuming there would be no residential. If they had known in advance that residential would be developed on this property, it is almost certain that considerable screening would have been required. 2. Conditions do not result as a result of the applicant This is an issue that predates the applicant. 3. Granting of the variance will not confer on the applicant a special privilege denied elsewhere in the Ordinance 3 _'.' .~.._~~~".,.,~~....,~","~~.c.~,. ,-"'. -.0.. " ~ " MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1996 In looking at the existing chain link fence, it appears it is at least S' tall with three strands of barb wire above that eight feet. This is a situation where the applicant is interfacing two zoning districts. 4. A literal interpretation of the Code would deprive the rights currently enjoyed by other property owners in the district In this case, a 6' wall will not be sufficient; however, the 10' wall accomplishes what needs to be buffered. 5. The granted variance is the minimum variance. In determining the area for the variance, the applicant went onto the north property line and sighted WXEL's building. That view was not objectionable. The wall off C9pgress is 6'. The 10' begins and wraps around the corner which is due south of the area of the satellite dishes. The applicant limited the requested variance to the smallest area possible to achieve the goal. Mr. Kilday explained how the determination for a 10' wall was made. By going to a 10' wall the line of vision extends. 6. The variance must be in harmony with' general intents and purpose of the Code and not injurious to the welfare of the general public. This 10' wall will have no affect on the satellite dish side of the wall. For the residents, they will find that the 10' wall is desirable as opposed to the sight of the satellite dishes. This wall is within the community and far back off Congress Avenue. The Board of Zoning Appeals members who voted against the wall felt a 10' wall would be unsightly. This will not be a bare wall. There will be a full landscape treatment including trees, which are 20' to 25' on center, and a hedge along the wall. The applicant feels this variance is extremely important. If the applicant did not feel the satellite dishes would be a detriment to the project, he would not have gone through this effort. This is a situation where there is an interface between a residential area and commercial area. He urged the Commission to consider the issues and support the request for variance. In response to Mayor Taylor's question, Attorney Cherof advised that this proceeding is not quasi-judicial in nature since it is an appeal. Mr. Kilday confirmed for Commissioner Jaskiewicz that this 10' wall will not front on 4 MINUTES SPECIAL CITY "- .JMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1996 Congress Avenue. It will only border the satellite dish area. James Miriana. Chairman of the Board of Zoning Appeals. advised that the board felt no hardship existed. In addition, he felt there had been a misrepresentation by the applicant with regard to how the determination of the need for a 10' wall was derived. In his opinion, a 10' wall will not serve the purpose for which it is intended. He feels large trees would do more to obscure the view of these dishes. Commissioner Jaskiewicz questioned the distance of the homes to the 10' wall. Mr. Kilday explained there is no home on that side of the street because there would be no way to block the view from second story windows. There are five lots which are the most critical lots. He again explained the geometry involved in determining the wall height needed to block the view of the sateUlte dishes. Motion Mayor Pro Tern Matson moved to approve a 10' high pre-cast masonry wall along the northern property line of a distance of 230 linear feet to screen adjacent communications facility at the Isles~Hunters Run. VIce Mayor Bradley seconded the motion. ~ Mayor Pro Tern Matson stated that it is always important to be cognizant of property rights. When homes are being sold for upwards of $350,000, it would be a hardship having to look at these satellite dishes. The bottom line Is that the reason the Board of Zoning Appeals meets is to grant variances to the Code. Their job is not to go by what the Code states. Mayor Pro Tern Matson is content that the applicant has proven a hardship exists. Vice Mayor Bradley feels it would be a hardship for a person buying a $50,000 home to have to look at these dishes. He sees this as a hardship on the developer, and he will support the variance request. Commissioner Jaskiewicz does not feel a 10' wall will have a negative effect on the public. Furthermore, she would prefer to see a 10' wall on Congress Avenue rather than looking at the satellite dish on the'TV property. It Is a horrendous site. Mayor Pro Tern Matson feels the 10' wall will be an enhancement to this property. Mayor Taylor agreed with the remarks that were made by the other Commissioners. The motion carried unanimously. 5 .----..~-------- ..., -fl"'--:-~- ~~ '.. "".,,,,...,,,,..~'""_. "~."."" -" ", ~"=-:::-::11!:"'~"'~'~~"-"'~" '" MEETING MINI '=cS BOARD OF ZO".NG APPEALS BOYNTON BEACH, flORIDA the road co the point at which the fence would turn is 160'. Mr. Gold asked if the applicant would be willing to extend the fence. Mr. Kilpatrick, who was present in the audience, responded affirmatively. Motion Ms. Hollingshead moved that we allow this variance as stated with the chain link fence running to the appropriate edge of the road to include the landscaping which has been discussed, and the plantings and landscape concerns as a condition. Chairman Miriana clarified that the chain link fence would run from the northeast corner of the property through to the northwest comer of the property which would be High Ridge Road. This will run within the green space as described by Mr. Ahrens. Mr. Ahrens confirmed that the applicant will put a 6' high chain link fence starting at the northwest property corner, extending all the way to the northeast property comer, and do the vegeration as called out on the certified landscape plan which has been submitted to the CitY. Mr. Ahrens stated that this is 439.14' by measurement and 439.1' per plat. Mr. Gold seconded the motion. The Recording Secrerary polled the voce. The vote was 5-0 to GRANT the variance. 2. Case #214 Location: Approximately 800 feet south of the intersection of Congress Avenue and Palmland Road. Summit Associates, Ltd. Owner: Requested Variance: Request relief from Section 4.).2 of Chapter 2 of the CitY's Land Development Regulations to allow construction of a 1 0 foot high, pre-cast masonry buffer wall for a distance of approximately 230 linear feet along the north property line of the Isles at Hunters Run PUD. Chairman Miriana announced the case. Kieran Kilday, representing the purchaser of the property, advised that this propertY is located becween Hunters Run and Congress Avenue. This property was the subject of litigation between the existing owner and the City. The purchaser entered into a stipulation with the CitY to amend the lawsuit to allow residential use of the site. 9 MEETING MIl' 'TES BOARD OF Z0NING APPEALS BOYNTON BEACH, FlORIDA JANUARY 17,1996 The Jrea which is the subject of the request is at the northern part of the propertY and extends coward Congress Avenue. This section is south of WXEL. The satellite dishes on the WXEL property are significantly large and provide an industrial look to the area. They are 22' in height; however, they can adjust up to 32' in height. The applicant is requesting that their buffer wall be extended in this particular location to a 1 0' wall to buffer the view of the satellite dishes from the residential Iou. This is the minimum variance request. A screen of trees will also be included. Jerzy Lewicki made a brief presentation and explained that the applicant feels justified to request this variance because of the satellite dishes. Ms. Hollingshead questioned why a 10' wall would be preferable to a 6' wall with a green buffer. Mr. Kilday explained that the trees will take time to grow. The applicant needs to eliminate the visual image immediately. Ms. Hollingshead asked how the addition of 4' in height would improve blocking a 30' structure at a 450 angle. Mr. Kilday advised that they took average heights of people between 5' and 6'. At those heights, a 6' wall does nothing to block the view. However, a 10' wall lifts the sight line. Moving out 35' eliminates the view of the tops of the structures. In response to Ms. Hollingshead's question, Mr. Kilday advised that a row of Mahogany trees will be planted around the entire wall area at one per 25'. In addition, there will be a hedge planted on the inside of the wall. Mr. Kilday pointed out that although 6' walls are restricted in residential areas, this is an interface. The applicant Is restricted because the wall is being built on the residential side. If the commercial owner was building the wall on his side, he would be allowed a higher wall. Chainnan Mlriana advised that he is not aware of any variances ever being granted for a wall higher than 6' in the Cicy. Chairman Mlriana was not convinced dlat anything would be gained by adding the additional 4' to the wall. He feels the trees provide a greater advantage. Mr. Kilday explained that this developer "bit the bullet" by agreeing to develop a commercially-designated parcel as residential. He is very concerned. Every detrimental concern to a buyer has been caken care of. If the applicant did not feel this was Important, he would not have gone through this process. Mr. Rappoport stated that if he was to purchase a home on this side of the project, he would want a buffer. Mr. Kilday advised that these homes will sell from $250,000 to over $ 300,000. Mr. Gold agreed that he would not buy a home for those prices if he had to look at satellite dishes. He felt it would be advantageous to approve the variance. 10 ,\1EETING MINl'--S BOARD OF ZOI'"Il~G APPEALS BOYNTON BEACH, flORIDA JANUARY 17, 19-96 CHAIRMAN MIRIANA ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Ms. Hollingshead expressed concern about this application because of the fact that the granting of this variance is associated with making this project saleable. She is also concerned about the aesthetics of a J O' concrete wall. In addition, she recalled counsel stating that there are no economic hardships. Mr. Kilday used the aerial photo to show the location of the wall. The 10' section. would scart at the rear of the WXEl building. The wall remains at 6' on Congress Avenue arid around the corner. In response to Mr. Rappoport's question, Mr. Kilday explained that there have been no objections expressed by anyone. The Hunters Run Property Owners' Association has been pan of the site planning efforts. (There was considerable discussion among the members which was inaudible.) Chairman Miriana advised that the board's decisions are not supposed to set precedents. Attorney Pawelczyk explained that the board's responsibility is co look at this property and determine if The Isles of Hunters Run has a substantial hardship. If they do, chen the minimal variance proposed should be acceptable to the board. Motion Mr. Rappoport moved to GRANT relief from Section 4.).2 of Chapter 2 of the City's land Development Regulations to allow construction of a 10 foot high, pre-cast masonry buffer wall for a distance of approximately 230 linear feet along the north property line of The Isles at Hunters Run. Mr. Gold seconded the motion. The Recording Secretary polled the vote: Howard Rappoport Ben Uleck Herman Gold Agnes Hollingshead James Miriana Aye No Aye No No The voce was 2-3 and the motion to grant the variance FAilED. Mr. Kilday requested clarification of his options since the contract purchaser may decide not to purchase this property. II MEETING MINl 'S BOARD OF ZONING APPEALS BOYNTON BEACH, flORIDA JANUARY 17, 1-996 Attorney Pawelczyk advised that under the Ordinance, any person may appeal the decision of the board to the City Commission within 30 days of the rendition of the board. He was advised to make application through Tambri Heyden. J. Case #215 location: Owner: Requested Variance: Northwest corner of Summit Drive and Westlake Drive. Summit Associates, ltd. Request relief from Article III, Section 6.C.5 of Chapter 2 t of the City's land Development Regulations to allow a size increase of 25% for a directional sign in The Isles at Hunters Run PUD from the allowable 16 square feet to 20 square feet. Chairman Miriana announced the case. Kieran Kilday advised that this request is for a sign at the entrance to the project at the corner of Westlake Drive and Summit Drive. The boundary of the property is located several hundred feet north of Summit Drive. Although the project has frontage on Congress Avenue, there is no access to Congress A venue. The signage is required at the entrance to the property . The variance request involves the size of the sign. The sign wall is 6' at its maximum height. The applicant has requested 20 square feet which is within the 2S percent parameter allowed to be reviewed by the Board of Zoning Appeals. In this particufar case, if the developer owned the propertY down to Summit, he would not have to appear before this board because it would be considered an on-premise sign and the lettering would be allowed to take up 32 square feet. An off-premise directional sign is restricted to 16 square feet. Mr. Rappoport asked if this sign is located on Hunters Run property. Mr. Kilday responded affirmatively and advised that he is in possession of a letter from the Hunters Run PropertY Owners' Association authorizing Mr. Kilday to represent the petition. Ms. Heyden advised that staff had nothing to add to Mr. Kilday's presentation. CHAIRMAN MIRIANA ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Ms. Hollingshead moved to grant the variance requested by Mr. Kilday to allow a 25 percent 12