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LEGAL APPROVAL . ./ ~.~ -lV'- 1'72. ~ A ~ ~v-Js . 91 MEMORANDUM "rn" ~ @ m'-if-f~-':~ D r-=-~ -", - I ij ~AY 2 0 1 t.;- i=~.~",.."",l CITY OF BOYNTON BEACH TO: Honorable Mayor, Vice-Mayor and City Commissioners Michael 1. Pawelczyk, Assistant City Attorney flllf City of Boynton Beach adv. Briny Breezes, Inc. Petition for Certiorari - Variance granted to St. Andrews Club to maintain a hedge at ten (10) feet in height along the property line FROM: RE: DATE: May 19,1997 On or about May 20, 1996, the City of Boynton Beach Board of Zoning Appeals granted a variance to St. Andrews Club to maintain a ten (10) foot hedge, where Part 3, Chapter 2, Section 4.1. of the Land Development Regulations (LDRs) permits hedges up to six (6) feet in height. The neighboring property owner, Briny Breezes, Inc. objected to the granting of the variance and on July 3 1, 1996, filed a Petition for Writ of Certiorari requesting the Court to reverse the Board of Zoning Appeals decision. At the time, the City was in the process of revising its LDRs. Part 3, Chapter 2, Section 4.1. of the LDRs was amended to permit hedges growing along interstate highways, golf courses, golf driving ranges and railroad tracks to reach heights of up to ten (10) feet. I am pleased to inform you that the Court denied the Petition for Certiorari as moot. A copy of the Order is attached hereto. In effect, the City's enactment of Ordinance No. 096-66, amending Part 3, Chapter 2, Section 4.1. of the LDRs rendered the appeal by Briny Breezes moot, because even if the variance would have been overturned by the Court, the ten (10) foot hedge on St. Andrews Club property is in compliance with the Code. Enc!. MJP/aa "'!'lfiI..I9602841comm;'.lOn memo cc: Kerry Willis, City Manager Tambri Heyden, Planning and Zoning Director --- c- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION (CIVll..) CASE NO. AP 96-6571 A Y BRINY BREEZES, INC. a Florida corporation, Petitioner, v. CITY OF BOYNTON BEACH, a Florida municipal corporation, !.O .....J -... - . -:~.. I -< , .......; ~ - .. -.... Respondent. Opinion filed May 7, 1997. - - " .:- '- - Petition for Writ of Certiorari from the City of Boynton Beach David W. Schmidt, Esq. Delray Beach, Florida, for Petitioner. Michael J. Pawelczyk, Esq., Boynton Beach, Florida, for Respondent. PER CURIAM. The Petition for Writ of Certiorari is DENIED as Moot. FINE, HAZOURI, & MARRA, JJ., concur. " ... . ." - ........ ..," .~ "I;:";; ~~ r _, _ . :_,.~ . '.,.;....~. 'k."o.:-'-. ,; . ..... -.J '-. ~... -, . '. .: ~-:--.~--_._.. . , " . ,. ,Y'" .. " . 100 'E. 'Boynton 'Beadt. flJouUvartf P.O. 'Bo:(310 'Boynton 'BUlen, 1"foritfa 33425-0310 City:Jf.ail: (407) 375..(j(){)() 1"JllX: (407) 375-6090 May 21, 1996 Thomas J. Woolley, Jr., Esq. 639 East Ocean Avenue, Suite 408 Boynton Beach, Florida 33435 Re: The St. Andrews Club, Inc. Board of Zoning Appeals Case #217 Variance: To allow a ten (10) foot high hedge for a length of approximately 620 feet along the northern property line. Dear Mr. Woolley: Your request for the variance regarding the above referenced case was approved by the Board of Zoning Appeals at its May 20, 1996 meeting with the following condition: The variance will become null and void in the event the property is used for purposes other than a golf course. If I can be of further assistance, please contact me. Sincerely, ~~1/l' 9- ?1~ Tambri J. Heyden Planning and Zoning Director TJH:bme a:aprvboa.ST A Jtmema's (jateway to tlU (julfstream MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 properties that generate cash flow and are properly capitalized, and l,as been able to access additional funds from public and private investors. He said none of the bidders indicated that this would be a one way ride where the city would fund it down to the last dollar. The bidders had financing and wanted to buy the property. He asked why the city wants to finance this project. He said the city does not have to layout one dollar. He pointed out there were two appraisals of this property. One was for $17 million, and the other was for $7,600,000 plus $400,000 for repairs. City Manager Parker advised that before the city does any bond issue or any financing situation, we look at various structures of financing that are available. With regard to this particular property, we looked at several different options and what the cost of each of those financing options were to the project. This option, with the city issuing the bonds, was the cheapest debt we could get. Therefore, it made the most financial sense not to saddle the project with additional debt service payments more than we had to. Motion Commissioner Bradley moved to approve Proposed Resolution No. R96-96. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. D. Other 1. Consider request to appeal the Board of Zoning Appeals May 20, 1996 granting of relief from Section 4.J.2, Chapter 2 - Zoning, of Land Development Regulations, to allow a ten (10) foot high hedge for a length of approximately 620 feet along the northern property line at The St. Andrews Club David Schmidt represented Briny Breezes Inc. in their appeal of the decision of the Board of Zoning Appeals to grant a variance to the St. Andrews Club to have a 10 foot hedge along their north property line. The code provides for a maximum height of 6 feet. The northern boundary of St. Andrews Club is the southern boundary of Briny Breezes, and the northern end of St. Andrews is the golf course. There is a golf hole that runs along that border. At some point after St. Andrews was built, a hedge was planted along that border with the idea that when it grew high enough, it would stop golf balls from going into Briny Breezes and breaking windows. In 1985, St. Andrews asked for permission to erect a fence over the 6 foot height maximum. They requested a variance which was denied by the city. They also planted some Australian pines which have gotten quite big. They were 53 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 cited for a Code violation and in response they requested this variance, which was approved. Don Faron, the manager at Briny Breezes, testified at the Board of Zoning Appeals meeting that there had been a gentleman's agreement between St. Andrews and Briny Breezes to allow the hedge to grow to 8 feet to stop the golf balls from going into Briny Breezes. Since the Australian pines have grown and the golf course has been reconfigured, it is no longer necessary for the hedge to be that high. He asked'that the Commission overturn the variance. He stated that according to the code. in order to grant a variance, the board must find that six conditions apply. He said S1. Andrews has not met three of those conditions. The first condition is that the special conditions and circumstances do not result from the actions of the applicant. Mr. Schmidt said S1. Andrews let the hedge grow to 10 feet and, in some places, 12 feet. It is obvious that the request for the variance came as a result of their actions, and they do not meet this criteria. The second condition which Mr. Schmidt believes St. Andrews does not meet states that literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Mr. Schmidt said at the Board of Zoning Appeals meeting, St. Andrews gave two reasons for requesting the variance. One was that the petition is to allow what is already existing to remain existing. Mr. Schmidt said this is not a hardship. Secondly, they requested that the hedge be allowed to remain at the height that it is at now so that golf balls would not go into Briny Breezes. Mr. Schmidt said if that causes a hardship on anybody, it is on Briny Breezes, not on St. Andrews. Briny Breezes is the one who is requesting that the hedge be maintained at 8 feet, which is what was agreed upon all along. Finally, the board is required to find that the variance granted is the minimum variance that would make possible the reasonable use of the land, building, or structure. Mr. Schmidt advised that Briny Breezes is requesting that the variance be granted for 8 foot, not 10 feet. Briny Breezes contends that this is the minimum variance needed. They are the ones who will suffer if that height is wrong, not St. Andrews, because the golf balls will be going onto the Briny Breezes property, not the St. Andrews property. Mr. Schmidt also believed the variance should be upheld because an appeal is to be taken 30 days after the rendition of the order, requirement, decision, or determination appeal. He pointed out that they were cited on February 12, 1996 and did not apply until March 28th. 54 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Vice Mayor Jaskiewicz asked if the hedge is maintained. Mr. Schmidt said Mr. Faron testified at the hearing that it has been maintained, although it has been somewhere between 9 and 12 months since it has been last cut. They trim it approximately annually. Mayor Taylor asked why Briny Breezes wants the hedge lower. Mr. Schmidt said the Australian pines have grown and it is the opinion of the management of Briny Breezes that it is the pine trees that are really stopping the golf balls from going into Briny Breezes now, not the hedge. Also, the golf course hole was reconfigured so that the direction you hit off the tee is not pointing as much toward Briny Breezes. They do not feel that maintaining the hedge at that height is necessary any longer. The height that it is at now, which ranges between 8 1/2 to 12 feet, restricts the sunlight and. air: flow. Mayor Taylor failed to see how that blocks the sun. He pointed out that depending upon which way the breeze is blowing, it may block some breeze at some point. Thomas J. Wooley, Jr. -represented the St. Andrews Club. He said St. Andrews has had a tall hedge for over 20 years. Thirteen years ago there was a complaint by Briny Breezes that too many golf balls were going into their property and they wanted 12 foot hedges. Since then, we have had 40 foot trees throughout the property. The hedges were put there for protection and safety with regard to the golf balls, as part of the architectural landscaping for golf courses, and for insurance purposes. The recommendation by staff was to allow us to have 10 feet as long as we remain a golf course for recreational purposes. Mr. Wooley said the issuance of the violation was made at the insistance of a nonresident of Boynton Beach. This person objected to the tall trees and tried to have an inspector cite St. Andrews for them. However, this is not a violation. Therefore, he turned St. Andrews in for the hedge being over 6 feet. Vice Mayor Jaskiewicz did not want to reverse the opinion of the Board of Zoning Appeals only to have someone get hurt with a golf ball. . . Mayor Taylor felt even 10 feet is not high enough to prevent golf balls from going into Briny Breezes. He did not see a problem and felt it adds to the property. He pointed out that prior to the hedge being there, there were many complaints and a lot of damage. Motion Vice Mayor Jaskiewicz moved to uphold the decision of the Board of Zoning Appeals. Commissioner Bradley seconded the motion, which carried 5-0. 55 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20,1996 E. ELECTION OF OFFICERS Chairman Miriana asked why this item keeps appearing on the agenda. He pointed out that officers were elected in January, 1996, when the board was created. F. OLD BUSINESS None. G. NEW PETITIONS Public Hearing All those who planned to testify this evening were administered the oath by Attorney Pawelczyk. 4475 North Ocean Boulevard The St. Andrews Club, Inc. Request relief from Section 4.J.2, Chapter 2 - Zoning, of Land Development Regulations, to allow a ten (10) foot high hedge for a length of approximately 620 feet alo~g the northern property line. Prior to the meeting, the Recording Secretary distributed copies of a letter, dated May 17, 1996, from Don Faron, Manager of Briny Breezes, requesting denial of this variance. Mr. Faron was present. Case #217 Location: Owner: Requested Variance: Thomas Woolley, Jr., was also present. He represented the applicant, the St. Andrews Club, Inc. He introduced Frances Richard, General Manager of the St. Andrews Club, Alex Bartha, Golf Course Superintendent of the St. Andrews Club, and Robert Conkey, a member of the Board of Directors of Briny Breezes, Inc., and dock master. Mr. Woolley stated that the petition is to allow what is already existing to remain existing. The hedge in question has existed at its current height for over 20 years. Over the years, it has grown to 11 or 12 feet; however, it is currently maintained at 10 to 10 1/2 feet in height. It runs along the entire northern border of the St. Andrews Club, and on the northern part is an unincorporated area known as Briny Breezes. Some of the mobile homes in Briny Breezes are within two to three feet of the hedge. The hedge was installed to prevent golf balls from going into the area to the north. He circulated photographs of the hedge and mobile homes. The code requires a 6 foot hedge. Mr. Woolley requested that the hedge be allowed to be maintained at its current height for protection from the golf balls. 2 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20,1996 Using the overhead projector, Mr. Bartha pointed out the tee, the green, and the direction in which the golf balls go. There is a green on the corner, close to the Intracoastal Waterway. Next to that is the #6 tee. The balls are hit from west to east, and the hedge is just north of that. The present height of the hedge is between 9 1/2 and 11 feet, and has been like that for at least the 14 years that he has been there. Just one hole (#6) is affected. The hedge is about 12 to 15 feet from the fairway of that particular hole. Chairman Miriana asked if there is a rough between the fairway and the hedge. Mr. Alex advised that there are only fairways. Mr. Rappoport asked if golf balls go over the fence now. Mr. Bartha answered affirmatively. He stated that at one point, the hedge was 12 to 13 feet. Someone complained, and it was lowered about two feet. On a number of occasions, he sees the members of the St. Andrews Club looking for balls right next to the hedge. Mr. Rappoport asked how long Briny Breezes has been there. Mr. Faron advised that - . Briny Breezes has been there for 40 years. Mr. Woolley believes that the St. Andrews Club was built in 1972 or 1973, and that is when the hedge was put in. Ms. Hammer asked if there are complaints from the residents of Briny Breezes about the amount of golf balls that are being hit into Briny Breezes. Mr. Faron stated that he has been there for three years and has not heard one complaint about golf balls hitting a home. Mr. Woolley said the residents of Briny Breezes believe that the hedge helps keep the golf balls away from the trailers. Mr. Faron confirmed that the residents of Briny Breezes feel the hedge helps keep the golf balls from hitting the homes. The hedge has been maintained at an approximate height of 8 feet for the past three years. It has grown to 9 or 10 feet over the past nine months' because of lack of trimming. Pine trees were also put on the golf hole, and the hole was redesigned, which takes it in a southeast direction. Therefore, there is no need to have the hedge any higher than 8 feet. Ms. Hammer referred to the "increased lack of sunlight thus, mildew on the homes and lack of air flow" mentioned in Mr. Faron's letter. Mr. Faron stated that even at 8 feet, the residents still have a lack of sunlight and a lack of some air flow, but they can live with that. However, beyond 8 feet, the decreased amount of sunlight and the decreased amount of air flow through the rears of those homes would be totally unsatisfactory. Mr. Woolley stated that this violation was brought to the city's attention by someone from Briny Breezes, not by someone who lives in the city. Mr. Bartha explained that next to the south of the fence and the ficus hedge, there is a row of Australian Pines. They are from 40 to 60 feet in height. Mr. Hawkins complained about these trees blocking the sunlight, and about the needles from these trees falling on his roof, and asked that they be trimmed 3 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20, 1996 down to 35 feet. He was told that cutting them down to that height was unreasonable and that the golf balls would fly over them. Mr. Hawkins called a city inspector, and the inspector told him that the Australian Pines were not in violation. Mr. Hawkins asked the inspector if he could find any violations, and the inspector said he could cite the St. Andrews Club for the ficus hedge. Also, Mr. Hawkins threatened that if the Australian Pines were not cut down, he would complain about the fad that the St. Andrews Club starts using equipment at 7 o'clock in the morning. Chairman Miriana opened the pUblic hearing. Mr. Faron's letter to Mr. Lewicki was distributed to the members of the board before the meeting began. Mr. Faron stated that there has always been a gentleman's agreement to keep the hedge at approximately 8 feet. He said a height beyond 8 feet would be detrimental to residents of Briny Breezes. The residents can live with the verbal agreement of.8 feet. If that agreement cannot be reached, they would have no alternative but to request that the hedge be maintained at 6 feet according to code. Mr. Uleck asked how long Mr. Faron has lived in Briny Breezes. Mr. Faron said he does not live there. He has been working there for three years. Mr. Conkey stated that he has heard no arguments which would be valid for granting a variance. He stated that the people on the north side are being harmed because most of the breezes are southeast breezes, and the hedge cuts off the breezes. He advised that one of the big complaints of the residents is mildew. Vice Chairman Uleek said he was on the board when the 8 foot hedge was agreed upon. He explained that the residents complained about golf balls hitting their trailers, and an agreement was reached to allow the St. Andrews Club to put up an 8 foot ficus hedge. The residents even wanted the hedge to be 12 feet. Vice Chairman Uleek pointed out that if you live on a golf course, you are going to get golf balls coming into your area. He felt it would be foolish to cut the hedge down, and did not think the residents would get more of a breeze by cutting the hedge down a foot or two. Mr. Faron stated that there is no argument about the 8 feet. There was never an argument about the hedge. The whole issue started with the AustraJian Pines. The Code Enforcement Inspector was never asked to write a citation on the hedge. There has always been the 8 foot maintenance, and we want the 8 feet maintenance. Since they put in the pine trees following the installation of the hedge, that added improvement to the errant golf ball situation. Then they redesigned the hole as well at some point. There has not been a golf ball problem for at least 3 years or more. He asked how two more feet could improve anything when there is nothing to improve as far as errant golf balls. 4 MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MAY 20,1996 Chairman Miriana asked Mr. Haa.g if there was ever a variance granted on the 8 foot height. Mr. Haag advised him that there was not. Mr. Bartha stated that for the last 14 years, the lowest the hedge has ever been was 9 1/2 or 10 feet. He does not recall the hedge ever being 8 feet tall. On the fairway from the Intracoastal going east, it has been anywhere from 10 to 12 feet. He was convinced that there have not been any complaints about the golf balls because the hedge is at least 10 feet tall. Ms. Hammer asked how tall the hedge is in the photographs circulated by Mr. Woolley. Mr. Alex said the hedge is 10 to 11 feet in the photographs. Mr. Rappoport felt the hedge was protection for Briny Breezes. Mr. Bartha was extremely concerned about the safety factor. Motion Vice Chairman Uleck moved to grant the variance to allow a 10 foot high hedge for a length of approximately 620 feet along the northern property line. Ms. Hammer seconded the motion. ' Ms. Hollingshead suggested that if this variance is granted, it only be granted for so long as that property is being used as a golf course. Amended Motion Ms. Hollingshead moved to grant the variance to allow a 10 foot high hedge for a length of approximately 620 feet along the northem property line, with the condition that it would become null and avoid in the event the property is used for purposes other than a golf' course. Ms. Hammer seconded the motion. A roll call vote was polled by the Recording Secretary as follows: Miriana Rappoport Uleck Hammer Hollingshead Aye Aye Aye Aye Aye The motion carried 5-0. 5 MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Vice Chairman Ampol moved to grant the request for a variance, seconded by Mr. Uleck. Mr. O'Brien noticed the request was for 1,080 square feet. The square footage of the lot would make it more than 1,080 square feet. Mr. Keehr asked if Mr. O'Brien was saying the variance would require more than 1,080 square feet. Mr. O'Brien replied, "Yes," and said it could be a typographical error. He pointed out that the intent of the motion should be to make the lot buildable. Under those circumstances, Mr. Keehr thought the motion should be rephrased to say that the variance be granted so that the lot will be a buildable lot. Chairman Thompson said the Members were looking at the measurements. Mr. O'Brien explained that the measurements of the lot were 60xl07, but it is not a 90 degree lot. Therefore, the 107 is probably 106.8, which would cause a deficiency of more than 1,080 feet. After discussion, Mr. O'Brien told Vice Chairman Ampol he thought it would be a deficiency of 1,090, or maybe 1,100 feet. All he was saying was that the motion should be so stated. After more discussion, Vice. Chairman Ampol amended his motion by moving that the variance be granted and that it be a buildable lot. Mr. Uleck seconded the motion. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 7-0. Case i87 - The North line of Lot 11, less the East 188 feet thereof, BENSON BROTHERS SUBDIVISION Recorded in Plat Book 5, page 27 palm Beach County Records Request - Relief from Section 4-J Appendix A-Zoning, Boynton Beach Code of Ordinances, stating fences, hedges and walls shall not exceed 6 feet in height in residential zones, to allow construction of a fence 14 feet in height along the north property line for approximately 150 feet Address - 4475 North Ocean Boulevard Delray Beach, Florida Applicant - Bill Ames st. Andrews Club Acting Secretary Slavin read the application and the answers to questions a-f under paragraph 5. He also read a letter dated May 7, 1985 from Francis P. Richard, Manager, The st. Andrews Club Inc., 4475 North Ocean Boulevard, Delray Beach, Florida 33444-7599, authorizing William Ames to represent The st. Andrews Club Inc. - 12 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Acting Secretary Slavin further read a letter dated May 2, 1985 from Kathleen A. Strother, Vice President, First National Bank in Palm Beach, 4600 Ocean Boulevard, Boynton Beach, Florida 33435, stating the bank had no objection to st. Andrews Club increasing the height of the fence and/or hedge along the north end of the golf course by three feet. He also read a letter from Harold J. Taylor, Vice President, Briny Breezes, Inc., 5000 North Ocean Boulevard, Boynton Beach, Florida 33435 (owner of the property directly North of and adjoining st. Andrews Club) stating they have no objection to a 4' high extension, approximately 150' long above the existing chain link fence between the two properties. Mr. William Ames came forward to represent The st. Andrews Club. Mr. O'Brien asked if there was any specific notation of where the 150 feet would be. Mr. Ames replied it would be along the north property line. If the Board granted the variance, Mr. O'Brien asked if the Building Department would be satisfied with where the fence would be erected. Mr. Keehr replied that the variance is for 150 feet of fence on the north property line. Mr. O'Brien noticed that the north property line is over 150 feet long. If they grant a variance for 150 feet, Mr. Keehr said that is only how long it can be. Mr. Ames indicated on the plan to Mr. Uleck where the fence would be and said they are trying to be a good neighbor and stop golf balls. He explained that from the Intracoastal to AlA, there are 710.35 feet. Mr. Uleck determined that they just want to go where the problem is with the golfers hitting golf balls across. In a couple of years, Mr. Ames felt the hedge would be high enough to stop the balls and they could take the fence down if the City wants. Chairman Thompson noticed the present fence is six feet high. He noticed the First National Bank's letter stated that the applicant plans to increase the height of the fence and/or hedge along the north end of the golf course by three feet. Mr. Ames said that was a mistake. Chairman Thompson observed that the letter from Briny Breezes said four feet. He asked if First National Bank and Briny Breezes were aware that the request was for more than three or four feet because the applicant was really asking for eight feet. Mr. Ames explained that they are trying to get it so people will not be able to see above the hedge. It will only be above the hedge and not above the fence. The fence is six feet, and the hedge is ten feet. It would only be until the hedge grows. - 13 - . . MINUTES - BOARD OF ADJUSTMENT BOYNTON BBACH, FLORIDA JULY 8, 1985 Mr. Uleck knew it was against the City Code to go above six feet. He talked with several people during the recess, and said they are for the fence, but he was doubtful when our rules are six feet, and the applicant wanted to go 14 feet. Chairman Thompson asked if there was a height limitation on hedges in that area. Mr. Keehr replied that there certainly is. Vice Chairman Ampol commented that he has seen Sea Grapes about four feet high. Mr. Keehr advised that Sea Grapes can be trees, He referred to Mr. Uleck1s statements and said that over the years, each case is determined on its own merits. There are not too many cases where people try to protect their neighbors from golf balls. There are cer- tain hardships, and a hardship was what the Members had to base their decisions on. Mr. Mearns asked if the only hardship was complaints from Briny Breezes. Mr. Keehr replied, "Hopefully." Vice Chairman Ampol asked if they wouldn't be setting a precedent by going up to 14 feet. Chairman Thompson reminded the Members that every case before them is in violation of some law, and they have to determine whether there is a hardship. If they met Code, they would not be before the Board. No case sets a precedent because each case is based on its own merits. Chairman Thompson noted Mr. Ames said that in time, the hedge will grow up. He asked approximately how many golf balls go over there. In the last season, Mr. Ames knew two golf balls went over and broke windows. Someone commented that the ones that break windows are the only ones you hear about. Mr. Slavin asked how many feet they were talking about. Mr. Keehr answered that they were talking about a total of 14 feet. However, there are certain areas in R-3 zoning that only permit a height of four feet. To cover the variance in all aspects, the applicant was asking for 14 feet. Mr. Uleck asked Mr. Ames what made St. Andrews Club think of putting a fence up to 14 feet. Mr. Ames replied that they are trying to be a good neighbor. Mr. Uleck asked if there was any reason besides the golf balls. Mr. Ames hoped it would solve the problem. If it is required, he said the fence can be taken down later on. They have put awning trees along there, which will grow. Someone asked if they have a driving range. Mr. Ames replied that it runs parallel to the fence, but it is not easy to get a golf ball over the fence. - 14 - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Mrs. Artis asked if the City has any say about the kind of hedge. Mr. Keehr answered that through the Community Appearance Board, the City would not permit an Australian pine hedge, and he suspected that could be for the reason that Australian pine hedges in the city grow so high and are no longer hedges but trees. They can be cut down, but then you have stumps. At that time, Mr. Keehr said there was no law against planting an Australian pine hedge. Mrs. Artis was thinking if what the applicant put up was considered a tree, it could grow taller than six feet. If it is an Australian pine hedge, Mr. Keehr said it would be legal. According to the survey, Mr. Slavin said it was a Ficus hedge. Mr. Keehr advised that a Ficus hedge could also be considered legal. Chairman Thompson asked if anyone wished to speak against the variance, and there was no response. There were no communications. Mr. Uleck talked to the people next door, and no one was against it. Everyone was for it. For the safety of the people and since Mr. Ames said they would take the fence down when the trees are grown, Mr. Uleck thought the Board should grant the variance. Mr. Slavin recalled a case where a man wanted a fence around his tennis court, and the people in the area asked that the fence be permitted. He recollected that the variance was denied but pointed out that one case does not reflect upon the other. Chairman Thompson called attention to the fact that this was a self-imposed hardship, and it had nothing to do with the City or the Board. He said the Members should keep that in mind. When a Member asked that a variance be granted and the Code be changed for the safety of the people on one piece of property, Chairman Thompson found it difficult to see that side. He had asked how many golf balls went over the fence and did not think two broken windows in one year were that many. You get more than that in a neighborhood with children. When the zoning Code was written, Mr. O'Brien said it could not address itself to all matters of concern. When talking about golf courses or any sports facility, there are certain criteria that cannot be written in the Code. Mr. O'Brien thought this was a unique situation and that there was no way it could be covered in the Code. He felt the only relief people had to correct a problem was to go before this Board or Boards similar to it. Mr. O'Brien moved to approve the request for variance, seconded by Vice Chairman Ampol. At the request of Chairman - IS - MINUTES - BOARD OF ADJUSTMENT BOYNTON BEACH, FLORIDA JULY 8, 1985 Thompson, Mrs. Ramseyer took a roll call vote on the motion. The motion was DENIED by a vote of 2-5. Mr. O'Brien and Vice Chairman Ampol were the only ones voting for the request. The request for variance was DENIED. Case *88 - Lot 17 WILMS WAY Recorded in Plat Book 23, Page 110 Palm Beach County Records Request Relief from 12,000 sq. ft. minimum lot area required to be reduced to 11,180 sq. ft. lot area for conversion of four-plex to triplex (internal modifications only) Address 1155/1157 Willard Way Applicant - James W. and Florence Marsh Acting Secretary Slavin read the application and the answers to paragraph 5. Beril Kruger, of Beril Kruger & Associates Zoning Consultants, 2601 North Federal Highway, Delray Beach, referred to the agenda sent to Mr. and Mrs. Marsh with the statement of facts and said *7 states this is a self-imposed hardship. Mr. Kruger showed the Members a page he received from the Tax Department. The appraisal date was 8/11/83 in the name of James T. Barnes, Jr. and Loretta C. Barnes, and it said "Triplex/Quadraplex." Mr. Kruger showed where it was printed 8/18/84, proving that this was a quadraplex prior to the purchase of the property by Mr. and Mrs. Marsh. Mr. Kruger also had the original plans that were given to Mr. Marsh by the electrician that did the electrical work on the property. He indicated the area in question, the two efficiencies, and where the kitchens were originally put in 1981. The plans were drawn on 4/7/79, and everything was put in when the building was originally built in 1981. Mr. Kruger told the Members the request for variance was for 820 square feet to use the property as a triplex. The property is an area zoned R-3 for multi-family. Special conditions and circumstances exist. Mr. Marsh purchased the property with the building existing on it as a fourplex. There were four units and no violations existing on the pro- perty in January, 1984, when Mr. Marsh originally signed the contract, and at the time he closed on the property (May 24, 1984). The violation was sent on November 26, 1984. Mr. Marsh is the third owner of the property. The original owner is the one that turned the building into a fourplex. - 16 - ,~ /' /:". ~{Jere:.c." r Ie ~ r!l l~ll ~ lij MAY - I IggJ \~ f'.-..\ I "II \ U) , \; ;" I ' 'I ULi PLANNiNG AND ZONING DEPT. NOTICE IS HEREBY GIVEN that the following application has--bet::u mac1e to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said city: NOTICE OF PUBLIC HEARING Case #217 Owner: The St. Andrews Club, Inc. Requested Variance: Request relief from City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 4.J.2. to allow a ten (10) foot high hedge for a length of approximately 620 feet along the northern property line of the St. Andrews Club. Location: South of Briny Breezes Boulevard right-of-way, east of Intracoastal Waterway and west of State Road A- I-A. Legal Description: THE NORTH LINE OF LOT 11, LESS THE EAST 188 FEET THEREOF, BENSON BROTHERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE INTRACOASTAL WATERWAY. Use: Golf and Country Club A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at the Boynton Beach City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, May 20, 1996, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 PUBLISH: THE POST 5/2/96 & 5/9/96 c: City Manager, City attorney, City Commission, Planning, Files A \'( \\' \. ~ \~" ~ ~ \, ~ t\, '\) "- " ~ ~ " ~ ~ ~ I'f\ ~ ~ ~ 'v ~ ~ ~ ~ ~ ~ .~ ~ ~ \; ~ ~ ~ LEGEND: .. f .. = CENTERLINE OF RIGH" .. CONC." = CONCRETE "+7.'" = GROUND ELEVATION B/ GEODETIC VERTICAL I SOURCE: FLOOD INSl COMMUNITY PANEL NUl DATED 9/30/82, BENC BERtf! .A/1,4~K I Tt/~ t1r' t't?;</~. .' Mt1d//d6A// \ rLi/7/.J J<////l60VA/L? \ E~E/-1///,A/ r~79 {~I #,1~;f' U.</O~.,.""// ;' / a ~f' ~:J' ~ ~ ~ ~ ~ .... .... " -\: "'- ~ -A- -:"-~1 ~- -...-.=.. -.;:.:- - "~ /~' ;rAtio -4';V/t?E~ I //ct/~ /fIEP6c ~' L'/lA/# ~/#R' /E#'C'E/ ~ ~i \.! ~i ~! ~' l ~---- ~I ~ ~t1Jf/'u.o ~ ~ ~ '/ K ? P ~ ~ C'~A/t'. ~ A,.( t1,.(/ L/.I/f EH' /' ,/ '\ ~ t ,w ,p'//u#/A') L :: /' '\ /' / / c... / '_'" I ,/ '\ / /- l ,,/ /_ - /- (- / /" ---- !. _ c....) / / / I I I I /"t~tJL/ztJd6',' A5 c. BtltlAlPARv 5//RrEY .SURVEY OF: THE NORTH LINE OF LOT 11, LESS THE EAST 188 FEET THEREOF, BENSON BROTHERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE INTRACOASTAL WATERWAY. ~ COPYRIGHT 7996 BY 01JREN, SUITER &' 013REN, we. )F WAY :0 ON NAT IONAL ~UM 1929 \NCE RATE MAP :R 120197 0001 C MARK RM2 gt1' R/on'/" t1~ pAy 8,R'/NY B/Ee:-L'/f7 8Lt/.P ~ I II , I 1,-, \ I" ) ~ ~ I '-J ~ ~ ~I ~ll~ ~ II~ ~II~ ,V ~ ~ '\. ~ --- / ..- ./ '" / - ,,- -) -- '7 ~~~ I ~ ~ . ~ '" ~ ~,~ ~~~ / lfJe' PREPARED FOR: ,r-~;, I' ST. ANDREWS CLUB I HE~EBY C!~TIFY that this .urvey .a. Made under ~ re.pon.ible char.e and ..et. the "ini.um Technical Standard. a. ..t forth by the Florida Board of Prof...iona' Surv.yor. and "appers in Chsptar 61017-6. Florida Admini.trative Cod., pur.uant to Section 412.027, Florida statute.. IIII.ESS IT IC~ nr: _ fill[ _ nr: llIIIlIJML lUI5(D SEAl. OF A fl.0fII),0I LCfItSED SlIfII[YOR AI/() IUI'f'CR IHS llltA~. SKETCH. pt A' OR ....P IS 'OR N/lIlIIA _ PUIf'OSl 5 ON. Y ME) IS /10 r rAt (I J. N. SUITER PROFESSIONAL SURVEYOR AND MAPPER FLORiDA CERTlF!CATE ~~O. 1314 O'BIIEI, SalTEI & O'BIIEI, 'IIC,. ENGINEERS, SURVEYORS, LAND PLANNER!; 2801 NORTH FEDERAL HIGHWAY. DELRAY BEACH, FLOR1fJA DAn, . M /1/ 6J 199~ MLD aoo..: -, Ie ?4 / // .: /?J?' / 0lt0P NO.. 135-./ [i s:1C'j o w rn 00 - 00 APR I .118 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Jerzy Lewicki DATE PREPARED: April 11, 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoninq Appeals Hearinq Notice for Case #217 (meetinq May 20, 1996) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property, applicant and Director of Planninq and Zoninq. DATE(S) TO BE PUBLISHED: To be determined by City Clerk /6 ~ Clerk J"hft'b ~ ~;1?/9t:; , NEWSPAPER(S) TO PUBLISH: To be determined by City APPROVED (1 ) ~2;7{, I (Dat'e) ~~~ . (Date) (2) (3 ) (City Manager) (Date) RECEIVED BY COMPLETED: A:LegalNot.217 J; r,/ ;ue1rrcfatrey ad~ L(Jr/I~.. ~~f ~ ~;, Yc>17 #- :/ -L../ /1.