CORRESPONDENCE
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LAWRENCE OAKS HOMEOWNERS ASSOCIAT~!:, INC.
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July 21,2000
City of Boynton Beach
Attn: Lusia Galav, Planning and Zoning Division
100 Boynton Beach Blvd,
Boynton Beach, FL 33425
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Re: Lawrence Oaks Pool Setback
Master Plan Modification, File # MPMD 00-005
Pursuant to your fax dated July 7, 2000, this shall satisfy the requirement under item #3
BUILDING DMSION
Item #1: Wanting to be totally clear about the language in this comment, Peter DeStefano,
President of the HOA met with Mr. Mike Haag. Mr Haag clarified any and all questions that related to
this item and a note, with the wording as provided, was placed on the Plat.
Item #2: It now indicates on op of the screen enclosure setback chart that the chart represents
screen enclosures with screen roofs only
FORESTER/ENVIORNMENTALIST
Item #3: A note has been added to the Plat indicating the following:
TREES
Any request for a swimming pool or screen enclosure MUST be submitted to the ARC (Architectural
Review Committee) for approval, The ARC is committed to the preservation of the vegetation and
will require adherence with all City Codes including but not limited to the Preservation of Live Oak
Trees,
Item #4: A note has been added to the Plat indicating the following:
Any Live Oak that is located in a Buffer zones, Rec/Preserve zones and on individual lots will be
protected in accordance with the Palm Beach County Environmental Code Guidelines at the
Responsible Parties expense.
Item #5: Mr, Peter DeStefano, received a call from Kevin Hallahan on 6/22/00 regarding the
First Review comments and concerns he would be noting. Pete agreed to bring this matter to the
Board's attention at the next meeting on 6/28/00 At that meeting the Board was informed of Mr,
Hallahan's comments and concerns for the First Review of the Lawrence Oaks Pool Setback Master
Plan Modification, File # MPMD 00-005.
A meeting took place on 7/1712000 at the corner of Manor Forest Way and Manor Forest Blvd with
Mr. Peter DeStefano and Mr, Hallahan as per his request. The protection of the trees and the need for a
specialized maintenance contractor was discussed The notes in Items #3 and #4 were generated as a
result of this meeting.
Board of Directors - Joan Lucas, Peter DeStefano, Ron Snitil, Rosalie DeStefano and Larry Duffy
Lawrence Oaks Pool Setback
Master Plan Modification. File # MPMD 00-005
Page 2
PLANNING & ZONING
Item #6:
Has been revised accordingly
Item #7:
changes.
A note has been added to the Plat listing the Lots that are affected by the setback
Item #8: A note has been added to the Plat using the exact wording provided to us, "Rear line:
I' complying with all Building Department pool regulations"
Item #9: The Lots in Lawrence Oaks Community that have their entire rear yard adjacent to
open space (lake, natural presence or golf course) are included in this application for setback
modifications. Note, there is no golf course in this community
If further information or documentation is required, please do not hesitate to contact Mr. Peter
DeStefano, President of the Homeowners Association or Property Management Resources at (561)969-
2700 and ask for Jerry Flatow
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Secretary
Board of Directors - Joan Lucas, Peter DeStefano, Ron Snitil, Rosalie DeStefano and Larry Duffy
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LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC.
July 21,2000
City of Boynton Beach
Attn: Lusia Galav, Planning and Zoning Division
100 Boynton Beach Blvd,
Boynton Beach, FL 33425
Re: Lawrence Oaks Pool Setback
Master Plan Modification File # MPMD 00-005
Pursuant to your fax dated July 7, 2000, this shall satisfy the requirement under item #3.
BUILDING DMSION
Item #1: Wanting to be totally clear about the language in this comment, Peter DeStefano,
President of the ROA met with Mr, Mike Haag. Mr. Haag clarified any and all questions that related to
this item and a note, with the wording as provided, was placed on the Plat.
Item #f1.: It now indicates on op of the screen enclosure setback chart that the chart represents
screen enclosures with screen roofs only
FORESTERlENVIORNMENTALIST
Item #3: A note has been added to the Plat indicating the following:
TREES
Any request for a swimming pool or screen enclosure MUST be submitted to the ARC (Architectural
Review Committee) for approval, The ARC is committed to the preservation of the vegetation and
will require adherence with all City Codes including but not limited to the Preservation of Live Oak
Trees,
Item #4: A note has been added to the Plat indicating the following:
Any Live Oak that is located in a Buffer zones, ReclPreserve zones and on individual lots will be
protected in accordance with the Palm Beach County Environmental Code Guidelines at the
Responsible Parties expense,
Item #5: Mr. Peter DeStefano, received a call from Kevin R:ll1:1h:ln on 6/22/00 regarding the
First Review comments and concerns he would be noting. Pete agreed to bring this matter to the
Board's attention at the next meeting on 6/28/00. At that meeting the Board was informed of Mr.
Hallahan's comments and concerns for the First Review of the Lawrence Oaks Pool ~k Master
Plan Modification, File # MPMD 00-005
A meeting took place on 7/17/2000 at the comer of Manor Forest Way and Manor Forest Blvd with
Mr Peter DeStefano and Mr Hallahan as per his request The protection of the trees and the need for a
specialized maintenance contractor was discussed. The notes in Items #3 and #4 were generated as a
result of this meeting.
Board of Directors - Joan Lucas, Peter DeStefano, Ron Snitil, Rosalie DeStefano and Lany Duffy
Lawrence Oaks Pool Setback
Master Plan Modification. File # MPMD 00-005
Page 2
PLANNING & ZONING
Item #6:
Has been revised accordingly
Item #7:
changes.
A note has been added to the Plat listing the Lots that are affected by the setback
Item #8: A note has been added to the Plat using the exact wording provided to us, "Rear line:
l' complying with all Building Department pool regulations".
Item #9: The Lots in Lawrence Oaks Community that have their entire rear yard adjacent to
open space (lake, natural presence or golf course) are included in this application for setback
modifications. Note, there is no golf course in this community.
If further information or documentation is required, please do not hesitate to contact Mr. Peter
DeStefano. President of the Homeowners Association or Property Management Resources at (561)969-
2700 and ask for Jerry Flatow.
Board of Directors - Joan Lucas, Peter DeStefano, Ron Snitil, Rosalie DeStefano and Lany Duffy
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Building · Planning & Zoning · Neighborhood Services . Occupational Licenses . Community Redevelopment
DEPARTMENT OF DEVELOPMENT
Apnl 18, 2000
//2).- '/6;2)/
Peter & Rosali~Qt;tefano I JeT /'
7805 Manor Forest Lane
Boynton Beach, Florida 33436
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Dear Mr & Mrs. DXStefano
In response to your request that the variance process w1thm the Homeowners AssociatIOn
DeclaratIOn be used to obtain relief from local development (setback) regulations, to allow for the
constructIOn of a swimming pool, I must respond negatively. This response is based upon the fact
that only through the City'S vanance process can relief granted against established Land
Development RegulatIOns.
Furthermore, to measure the rear setback from anythmg other than the subject property line
would be Inconsistent wIth a commonly used methodology exercised daily throughout the City.
To continue aSSisting you, I will explain the following two (2) options available to you. The first
alternative is to construct a SWimming (lap) pool within the narrow space allowed between
setback reqUirements. Assummg that the reqUired shonng IS provided to allow the reduction of
the setback from the house to three (3) feet; and by eliminating the wall that you propose to the
rear, I estimate that a space IS available for a 6 to 7-foot WIde lap pool. Although this width has
lImited use, I understand that the pool IS principally for therapy/health purposes.
The second optIOn is to submit an applIcation to the CIty to amend the Lawrence Oaks master
plan to formally amend the setbacks or the methodology of measurement. This applicatIOn must
mclude endorsement by the associatIOn and a fee of $500.00. To assist you With this request, we
require a pre-applIcatIOn conference with you prior to application submittal.
Please contact us when we can guide you further.
Smcerely,
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Michael W Rumpf
Director ofPlanmng and Zoning
MWRJnl
cc Nicholas Igwe, ASSistant City Attorney
\\CHlMAINlSHRDA T A IPlanninglSHARED\ WPIPROJECTSIDiStefanolDiStefano Pool Setback Issue,doc
City of Boynton Beach · 100 East Boynton Beach Blvd., PO. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742.0350 . WWW.ci.boynton-beach.fl.us
Rumpf, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Tuesday, February 29, 2000 8 53 PM
Igwe, Nicholas
Lawrence Oaks pool setback
As promised, I would respond with something today (although I did not promise by 5 00)
First, it would be contrary to past and established practice to measure a setback dimension from anything other than the
property boundary It is realized at the time of establishing a PUD that a separate tract for buffer purposes will provide a
greater buffer and transition with buildings setback from the respective property line rather than from the greater perimeter
Secondly, I am surprised based on the language of the Association documents, that their variance procedure, that is
written to provide relief from "architectural provisions", also applies to setbacks
Third, I am not objecting to the reduction in the setback from 5 feet to zero, as their is already the 20 foot buffer; however,
the method to achieve this, according to our practice, would be a master plan modification
Fourth, to allow this change administratively or through their interpretation would open us up to a magnitude of problems
generated by those who have been requesting similar or related relief (e g Nautica's request to amend the master plan to
accomplish the same objective was recently turned down by the commission)
Lastly, are we sure that their is a hardship? Cannot a pool be constructed within the space allowed by the setbacks,
Although this has probably been explored, I have to ask,
Let me know if you have further questions of me Or just refer them to this office for further processing MR.
1
CITY OF BOYNTON BEACH
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MEMORANDUM OF LAW
FROM:
Mike Rumpf, Director of Planning ~
Nicholas Igwe, Assistant City Attorney ~
TO:
RE:
Whether DeStefano' request complies with our zoning code
DATE:
February 7, 2000
I forward to you correspondences received from Peter DeStefano's Atty. As the
attached documents indicate, DeStefano wants to construct a swimming pool in his
residence located in the Lawrence Oaks Homeowners Association Inc. DeStefano has
obtained a variance based on medical hardship from the HOA to measure the setback of
his proposed pool from the HOA property line. DeStefano is now asking the City to
permit the setback of his proposed pool to be measured from the property line as
approved by the Association.
I spoke with Jim Nguyen on this matter and he advised that the City has consistently
interpreted Chapter two zoning, section 11, Supplemental Regulation E of our Code to
mean measurement form the applicant's property line. He stated that DeStefano seek a
variance or modification of the approved master plan for the development. Can you
confirm Mr. Nguyen's interpretation and advice of your Department's past practice in
this type of situation?
Thank you.
S:cajdeptsjdev- Planning DeStefano Itr
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LAW OFFICES
KOEPPEL, GOTTLIEB, MESCHES, HERZFELD Be RUBIN
ESPERANTE: BUILDING
222 LAKEVIEW AVENUE
SUITE 260
WEST PALM BEACH, FLORIDA 33401-6146
KAREN ROSELLI, OF COUNSEL
TELEPHONE (561) 659.4020
TELECOPIER (561) 659,5399
E-Mail: LMesches@Hotmail.com
LARRY M. MESCHES. P.A.
January 19, 2000
James A. Cheroff, City Attorney
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
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and
James A. Cheroff, Esquire
JOSIAS & GOREN
3099 E. Commercial Blvd, SUite 200
Fort Lauderdale, FL 33308-4311
Re. Our client. Mr Peter DeStefano
7805 Manor Forest Lane, Boynton Beach, FL 33436
Swimming pool permit
Dear Jim:
I have been trying to reach you for some time now, to discuss the issuance of a
permit for the construction of a swimming pool at the DeStefano residence, located at 7805
Manor Forest Lane, Boynton Beach, Florida 33436 As we briefly discussed, I believe the
zoning code can be construed to allow the ~et back to be measured from the propert~' line
of the Lawrence Oaks Homeowners AssociatIon, Inc. The Association has issued a letter
of consent and authorization pursuant to the vanance provisions of their Homeowners
Association documents Enclosed please find copies of these matenals for your review
and reference.
I would like to resolve thiS matter as soon as possible. I will be happy to meet with
you at the Boynton Beach City Hall, to discuss this with you in person. I think it would be
mutually beneficial to us all to reconcile the issue through the interpretation and
construction of the code requirements, rather than through the formal variance process
SPECIALLY AFFILIATED FIRMS
HERZFELD & RUBIN
SUITE 1501, 601 BRICKELL AVE.
MIAMI, FLORIDA
HERZFELD & RUBIN, PC
40 WALL STREET
NEW YORK, NEW YORK
HERZFELD & RUBIN
1625 CENTURY PARK EAST
LOS ANGELES. CALIFORNIA
HERZFELD & RUBIN
SUITE 400
1901 W CYPRESS CREEK ROAD
FT LAUDERDALE. FLORIDA
BARR, MURMAN, TONELLI,
HERZFELD & RUBIN
SUITE 901, 201 E KENNEDY BLVD
TAMPA, FLORIDA
DECICCIO. HERZFELD & RUBIN
652 W MORSE BOULEVARD
WINTER PARK, FLORIDA
BULLOCK, CHILDS, PENDLEY
REED, HERZFELD & RUBIN
SUITE 711, 233 E BAY STREET
JACKSONVILLE, FLORIDA
CHASE, KURSHAN, SUHR,
HERZFELD & RUBIN
ONE RIVERFRONT PLAZA. SUITE 500
NEWARK, NEW JERSEY
James A. Cheroff, Esquire
January 19, 2000
Page 2
My secretary will be contacting your office to schedule a date and time when it is mutually
convenient for us to meet on this matter
KERlpms
enclosures
cc: Larry M Mesches, Esquire
Mr Peter DeStefano
U:\Palrice\DeSlefanolcheroff1,ltr
ORa 8539 pg 405
,Jlans submitted to it for any proposed Improvement, alteration, repainting, or addiuon solely
on the basis of aesthetic consIderations and the overall benefit or detnment which would result
to the immediate viCinity and to the Project. The Commlltee shall take Into consideration the
impact on surrounding area, the aesthetic aspects of the architectural designs, the placement of
buildings, landscaping, color schemes, eXlerior fimshes and materials and Similar features, but
shall not be responsible for reviewing nor shall il$ approval of any plan or design be deemed
approval of, any plan or design from the standpoint of strUctural safety or conformance with
building or other codes.
t
Sec:tioa 8. Variance. The Committee may authonze variances from compliance wWt
an of the archilectural rovisions from time to time in existence as a result of this Declaration,
the Rules, or any amendmenl to the laration, when circumstances such as topography,
natural obstructions, hardship, aesthetic or environmental considerations require. Such variance
must be evidenced in wrilin w' be si ned b at least two (2) memb
minee. IE such variances are granted, no violation of the covenants, conditions and
restrictions contained in this Declaration or any amendment to this Declaration shall be deemed
to have occurred with respect to the marter for which the variance was granted. The granting
of such a variance shall nOl, however, operate to waive any of the lerms and provisions of this
Declaralion, the Rules, or of any amendment to this Declaration for any purpose except as to
the partlcular property and particular provisions hereof covered by the variance, nor shall II
affect in any way the Owner's obli2ation to comply with alle:overnment laws and regulations
. affecting his use of the premises, includinl!. but nOI IimUed to, zoning ordinances and setbaclc
~es or requirements imposed by any lovemmental or municipal authority. The granting of a
vanance In one instance shall not waive the rights of the Committee to refuse to grant a vanance
In any other instance, whether or not such other instance is similar in nature, if the policy of the
Committee has changed subsequent to the initial variance or if !he policy of the Committee has
changed subsequent to the initial variance or If based upon experience obtained with respect to
the initial vatlance. Any variance eranted. or not 2n.nted shall be. subjc:ct 10 the approval of,
an~ declSlon con~(.~~t~~!not beJundin-I.,unlil approved by the Board.
S~tion 9. Declarant and Related Entity ExemptioD. The Declarant and any wholly
owned subsidiary or affiliate of the Declarant or entily owned by the parent company of the
Declarant or development partners of the declannt shall be exempt from the provisions of trus
Article VIII and shall not be required to obta1n approval of !he Committee.
ARTICLE IX. MAINTENANCE. REPAIRS. ADDITIONS AND REPLACE.~
Section 1. Mainteaance Obligations or OWDel"S. Subjcct to the duty of !he
Association to provide for maintenance as provided in this Declaration, it shall be the duty of
each Owner in the Project at his sole cost and expense, subjcct to the provisions of tillS
Declaration regarding Committee approval. to maintain, repair, replace and restore the Lots and
Units thereon as may be subject 10 their respective contra! or jurisdiction in a neat, saniury and
attraclive condition subject 10 reasonable rules and regulations of the Board. In the event that
any portion of the Lots or Units fall into disrepair, or is not so maintained so as to thereby
".'111"" I
- 22 -
Roy S. COHEN, M.D.
951 N W 13TH STI\EET . Stirn; .1E
BlX:A RATON, FLORIOA 33486
TELEPHONE (561) 392.0310
F...x (561) 368-0911
I 'iZOO jl)(;iCARTr:11 H.,lAD - TIIIIIIl FL<xm
DELlI,...y BE.o\.CH. FUlIll[)A 33484
TF.LF.!'H~)N" (561) 496-2700
r....x (561) 496-0151
December 06, 1999
To Whom It May Concern
Re: Peter De Stefano
Dear Sirs,
Mr De Stefano has been under my care for some time. He is suffering from Degenerative Disc Disease of the
Lumbosacral spine along with lumbar radiculitis, and osteoarthntis of both kness. These conditions cause chronic
pain that results 10 total disability for which he is receivmg Social Security benefits, I have prescribed analgesics and
therapy for the conditions. He would benefit from the installation of a lap pool and spa for exercise, weight
reduction., and pain relief If you have any questions please feel free to contact me,
Sincerely,
1~
Roy S. Cohen, M.D
1_____ __ __ ""'.::::IIrT
JLA "'RENCE OAKS HOMEO'WNERS ASSOCIATION. INC
December 20, 1999
~
Dear Sirs'
As requested by Mr. Jim Nguyen, Plans Review Technician at the Pre Plan Hearing Board
on December 20, 1999.
This letter IS being submitted to confirm and inform the necessary agencies that Lawrence
Oaks Home Owners Association has no objections to said lot number 110 seeking relief
from a 5' set back stipulated at the pre - application hearmg by the City of Boynton Beach
Building Department.
ThIS is also applicable to said lots 102 through 118 for future petition for application.
If further information is needed, please feel free to contact me at 6742-2417.
Lawrence Oaks RO.A.
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-
Joan Lucas,
President
Peter DeStefano
Vice President
Rosalie DeStefano,
Secretary
Ron Soitil,
Treasurer
Larry Duffy,
Director
Architectural Review
Committee:
Jeff Brown
Sheryl Fromowitz
Ben Neuman
Rich Schuhnan
Appeals Committee:
Jennifer Bolger
Liz Fulton
Jim Murphy
William Senzik
Charlie Yeamens
Ways & Means
Committee
Sandy Hedges
10an Lucas
Lucille Serpe
Debbie Sullivan
Welcome
Committee
Rosalie DeStefano
November 18, 1999
City of Boynton Beach Building Dept.
100 East Boynton Beach Blvd.,
PO 310
Boynton Beach, FL 33425
Re: Lot 110 - Manor Forest PIat 4 - Request for Pennit for In ground Pool
~
To Whom It May Concern:
I am writing on behalf of the homeowners who live on Lot 110 as referenced above. I
am the President of the "Homeowners Association and according to Article VIII,
Section 8 of our documents, a relief in the set back requirements is permissible. Due
to a medical hardship, the homeowner is asking the city to take the setback
requirements from the buffer area so that the pool can be built right up to the property
line.
Sincerely,
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this property described a
Lot 110,
MANOR FOREST PLAT 4,
according to the Plat
thereof, on file in the
Of.fice of the Clerk of tho
Circuit Court in and for
~ Palm Beach County, recordE
. Plat Book 73, Pages 194
Vthru 199, inclusive
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FLOOD INFORMATION:
Community No.: 120192
Panel No.: 170 Suffix; A
Date of F.r.R.M.: 2-1-79
Base Elevation: Not
Available
Note; 100 Ye~r Flood
Blev. = 18.4 feet
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2-2-98 "Certified Tn" ...en; ~~-'I _._, ..
"",RIANCE AND CONSENT
Pursuant to Article 8, Section 8 of the Declaration of Covenants. Restrictions and
Easoments for Lawrence Oaks, property owners, Peter and Rosalie DeStefano are hereby
granted a varian.:e based upon medical hardship, relative to the measurement of the set
back requirements for purposes of constructIng an in-ground swimming pool. The Board
of Directors of the Lawrence Oaks Homeowners AssocIation (the "Associatton"), duly
acting in its lawful capacity as the Architectural Committee, hereby authorizes, consents,
and agrees that the City of Boynton Beach, Peter and Rosalie DeStefano, and any other
governmental entity with jurisdiction, can measure the set back requirements for purposes
of compliance with the set back requirements applicable to Lot 110, Manor Forest Plat 4,
for a swimming pool from the Associatlon's property line in the landscape buffer (owned
by the Association).
esident
aks Homeowners Association
-2~
~ - , Director
Lawrence Oaks Homeowners. Association
Dated:
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Dated:
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LAW OFFICES
KOEPPEL, GOTTLIEB, MESCHES, HERZFELD & RUBIN
ESPERANTE BUILDING
222 LAKEVIEW AVENUE
SUITE 260
WEST PALM BEACH, FLORIDA 33401-6146
KAREN ROSELLI. OF COUNSEL
TELEPHONE (561) 659-4020
TELECOPIER (561) 659.5399
E-Mail: LMesches@Hotmail.com
LARRY M. MESCHES. P.A.
January 28, 2000
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BY FACSIMILE TRANSMISSION
AND FIRST CLASS U.S. MAIL
Nick Igwe, Assistant CIty Attorney
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
PO. Box 310
Boynton Beach, FL 33425-0310
Re Our client: Mr. Peter DeStefano
7805 Manor Forest Lane, Boynton Beach, FL 33436
SWimming pool permit
Dear Mr. Igwe:
Pursuant to our telephone conversation of yesterday's date, enclosed please find
copies of the pertinent portion of the recorded Declaration of Covenants, Restrictions and
Easements for Lawrence Oaks, which IS the homeowners' association in which my client
resides. I had previously sent City Attorney, Jim Cheroff a copy of the variance provision
contained in the Declaration, in Article 8, Section 8, which the Association has invoked in
order to allow the swimming pool to be built on Mr DeStefano's property as proposed. A
copy of the November 18, 1999 letter from President Joan Lucas of the Lawrence Oaks
Homeowners Association, Inc. was provided to Mr Cheroff with the other materials sent
to him in my January 19, 2000 correspondence In accordance With your request, copies
of the cover page and signature pages of the Declaration are enclosed herewith. I will also
be providing you with an original of the variance Issued by the Homeowners Association,
signed by two Committee members, per your request.
I hope that this matter may be expedited, so that Mr DeStefano's contractor can
apply for a building permit, and that there be minimal delay to Mr DeStefano in obtaining
the aquatic therapy necessary for his degenerative disease If you have any questions
regarding the Declaration or any other Issues concerning thiS matter, please do not
hesitate to contact me
SPECIALLY AFFILIATED FIRMS
HERZFELD'" RUBIN
SUITE 1501. 601 BRICKELL AVE
MIAMI, FLORIDA
HERZFELD'" RUBIN, PC
40 WALL STREET
NEW YORK, NEW YORK
HERZFELD'" RUBIN
1625 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA
HERZFELD'" RUBIN
SUITE 400
190\ W CYPRESS CREEK ROAD
FT LAUDERDALE, F,LORIDA
BARR MURMAN, TONELLI,
HERZFELD'" RUBIN
SUITE 901, 201 E, KENNEDY BLVD
TAMPA, FLORIDA
DECICCIO, HERZFELD'" RUBIN
652 W MORSE BOULEVARD
WINTER PARK, FLORIDA
BULLOCK, CHILDS, PENDLEY
REED, HERZFELD'" RUBIN
SUITE 711, 233 E BAY STREET
JACKSONVILLE FLORIDA
CHASE, KURSHAN. SUHR
HERZFELD'" RUBIN
ONE RIVERFRONT PLAZA, SUITE 500
NEWARK, NEW JERSEY
Nick Igwe, Assistant City Attorney
January 28, 2000
Page 2
KERlpms
enclosure
cc: Larry M. Mesches, Esquire
Mr Peter DeStefano
U:\PatricelDeStefanoligwe1,1tr
LAW OFFICES
KOEPPEL, GOTTLIEB, MESCHES, HERZFELD & RUBIN
ESPERANTE BUILDING
222 LAKEVIEW AVENUE
SUITE 260
WEST PALM BEACH, FLORIDA 33401-6146
LARRY M MESCHES. P.A.
KAREN ROSELLI, OF COUNSEL
TELEPHONE (561) 659.4020
TELECOPIER (561) 659.5399
E-Mail: LMesches@Hotmail.com
February 2,2000
BY FACSIMILE TRANSMISSION
AND FIRST CLASS U.S. MAIL
Nick Igwe, Assistant City Attorney
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, FL 33425-0310
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Re'
Our client:
Peter DeStefano
7805 Manor Forest Lane, Boynton Beach, FL 33436
Swimming pool permit
Dear Mr, Igwe
Per your request, enclosed please find copies of the Variance and Consent, and
corporate Resolution of the Lawrence Oaks Homeowners Association (the "Association"),
authorizing the set back requirements for the swimming pool to be constructed on the above
referenced property to be measured from the Association's property line (landscape buffer),
as opposed to Mr DeStefano's property line
Please contact me if anything further is required, and confirm that there is zoning
compliance for the proposed swimming pool
5~'
KER/pms
enclosure
cc: Larry M Mesches, Esquire
Mr Peter DeStefano
U:\PalricelDeStefanoligwe2,ltr
SPECIALLY AFFILIATED FIRMS
HERZFELD & RUBIN
SUITE 1501, 801 BRICKELL AVE,
MIAMI, FLORIDA
HERZFELD & RUBIN, pc,
40 WALL STREET
NEW YORK. NEW YORK
HERZFELD & RUBIN
1825 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA
HERZFELO & RUBIN
SUITE 400
901 W CYPRESS CREEK ROAD
FT L.AUDERDALE, FLORIDA
BARR, MURMAN. TONELLI.
HERZFELD & RUBIN
SUITE 901, 201 E, KENNEDY BLVD,
TAMPA, FLORIDA
DECICCIO, HERZFELD & RUBIN
652 W MORSE BOULEVARD
WINTER PARK, FLORIDA
BULLOCK, CHIL.DS, PENDLEY
REED, HERZFELD & RUBIN
SUITE 711, 233 E, BAY STREET
JACKSONVIL.LE, FL.ORIDA
CHASE, KURSHAN, SUHR,
HERZFELD & RUBIN
ONE RIVERFRONT PL.AZA. SUITE 500
NEWARK. NEW JERSEY
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Boynton Beach, Florida Code of Ordinances
9. A home occupatIon shall be subject to all occupational license provisions defined in
chapter 13 of the Boynton Beach Code of Ordinances.
E. SWIMMING POOLS. Swimming pools shall be located, designed, operated and
maintained in accordance with the city swimming pool ordinance and shall be
subject to the approval of the development department. No swimming pool shall
be constructed closer than eight (8) feet from any reline and no swimmmg
poo s a e Ul t m ont of the building line. On orner lots, pools will comply
with the comer lot setback requirements of the appli able zoning district. Location
of above ground pools shall comply with building s back requirements.
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CODyright (cl 1995. American Leaal Publishing Corooration
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PREPARED BY AND RETURN TO:
LYNDA 1. HARRIS, ESQ.
CARLTON, FIElDS, WARD, EMMANUEL,
SMITH & CUTLER, P.A.
j ~ 222 LAKEVIEW A VENUE, 14TH FLOOR
P. O. BOX 150
WEST PALM BEACH, FLORIDA 33402
OEC-t2-t994 J: 4'::FIll 94-409991
ORB 8539 p, 384
..'."11111__. _
'.
..
DECLARA TION OF COVE.'lANTS, RESTRICTIONS A~D EASE:\IE.'lTS
FOR
LA WRENCE OAKS
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
(WDECLARATIOW) made and entered into this .if:h day of'"'bu~.....b",-,. , 1994, by
LA WRENCE OAKS-ORIOLE, INC., a Florida corporation, hereinafter referred to as
wDeclarant" (as such term is hereinafter defined).
RECITATION:
A. Declarant owns the real propeny described on Exhibit "A" attached hereto
(hereinafter sometimes referred to as "Land" and sometimes referred to as wPropeny").
r'
B. By recording this Declaration in the Public Records of Palm Beach County,
Florida, Declarant shall and does hereby declare the L1nd is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions, easements, charges and liens
hereinafter set forth, as well as the covenants, restrictions, easements, charges and liens set fonh
in the Master Declaration, as hereinafter defined, which is for purposes of protecting the value
and desirability of, and which shall run with the L1nd and be binding on all panies, having any
right, tide or interest in said Land or any pan thereof, their heirs, successors and assigns, and
shall inure to the benefit of each Owner thereof as hereinafter defined.
C. The Land shall be developed as a single-family residential subdivision known as
LA WRENCE OAKS (hereinafter referred to as the "Project"), consisting of as many as 178 lots
(with or without dwelling units constructed tl:creon) and wCommon Propertiesw (as such term
is hereinafter defined).
D. Lawrence Oaks/Oriole, Inc., a Florida corporation, or such other person, firm or
entity as Declarant may choose in its sole and unfettered discretion, will develop the Project and
construct Units and other facilities upon all or a ponion of the land in accordance with the
general plan of development as may be subsequently modified.
F. Declarant desires to establish its intention to provide quali1y, affordable housing,
imposing maintenance obligations upon subsequent purchasers.
G. Declarant has deemed it desirable, for the efficient preservation of 1he values and
amenities in the Project to create a Florida corporation not for profit (hereinafter referred to as
the "Association') which will be responsible for the ownership, maintenance and administration
of the portions of the Project which may now or hereafter be designated as Common Properties,
the enforcement of this Declaration, and collection and disbursement of the assessments and
charges hereinafter authorized.
'P~-( c C'r Kc 'ie'" (e ~s. f~..{.~
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LAW OFFICES
KOEPPEL, GOTTLIEB, MESCHES, HERZFELD & RUBIN
ESPERANTE BUILDING
222 LAKEVIE:W AVENUE
SUITE 260
\'lEST PAUl BEACH, FLORIDA :3:3401-0146
TELEPHONE (561) 659.4020
TELECOPIER (561) 659 5399
E.Mail: LMesches@HotmaiLcom
LARRY M. MESCHES, P.A,
KAREN ROSELLI, OF COUNSEL
January 28, 2000
BY FACSIMILE TRANSMISSION
AND FIRST CLASS U.S. MAIL
Nick Igwe, Assistant City Attorney
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd
PO. Box 310
Boynton Beach, FL 33425-0310
Re Our client. Mr Peter DeStefano
7805 Manor Forest Lane, Boynton Beach, FL 33436
Swimming pool permit
Dear Mr Igwe
Pursuant to our telephone conversation of yesterday's date, enclosed please find
copies of the pertinent portion of the recorded Declaration of Covenants, Restrictions and
Easements for Lawrence Oaks, which IS the homeowners' association In which my client
resides I had previously sent City Attorney, Jim Cheroff a copy of the variance provision
contained in the Declaration, in Article 8, Section 8, which the Association has invoked in
order to allow the swimming pool to be built on Mr DeStefano's property as proposed A
copy of the November 18, 1999 letter from President Joan Lucas of the Lawrence Oaks
Homeowners Association, lnc was provided to Mr Cheroff With the other materials sent
to him in my January 19, 2000 correspondence In accordance with your request, copies
of the cover page and signature pages of the Declaration are enclosed herewith I will also
be providing you with an original of the variance issued by the Homeowners Association,
signed by two Committee members, per your request
I hope that this matter may be expedited, so that Mr DeStefano's contractor can
apply for a building permit, and that there be minimal delay to Mr DeStefano In obtaining
the aquatic therapy necessary for his degenerative disease If you have any questions
regarding the Declaration or any other Issues concerning this matter, please do not
hesitate to contact me
SPECIALLY AFFILIATED FIRMS
HERZFELD & RUBIN
SUITE 1501, eOI BRICKELL AVE,
MIAMI, FLORIDA
HERZFELD & RuBIN, PC
40 WALL STREET
NEW YORK, NEW YORK
HERZFELD'" RUBIN
IB25 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA
HERZFELD & RUBIN
SUITE 400
.901 W CYPRESS CREEK ROAD
FT LAUDERDALE, FLORIDA
BARR, MURMAN, TONELLI.
HERZFELD'" RUBIN
SUITE 901. 201 E. KENNEDY BLVD
TAMPA, FLORIDA
DECICCIO. HERZFELD'" RUBIN
652 W MORSE BOULEVARD
WINTER PARK, FLORIDA
BULLOCK. CHILDS, PENDLEY
REED, HERZFELD'" RUBIN
SUITE 711. 233 E, BAY STREET
JACKSONVILLE. FLORIDA
CHASE, KURSHAN. SUHR,
HERZFELD'" RUBIN
ONE RIVERFRONT PLAZA, SUITE 500
NEWARK, NEW JERSEY
Nick Igwe, Assistant City Attorney
January 28, 2000
Page 2
KER/pms
enclosure
cc' Larry M. Mesches, EsquIre
Mr Peter DeStefano
U:\PatricelDeStefanoligwe 1 ,1t(
I
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PREPARED BY AND RETURN TO'
LYNDA J. HARRIS, ESQ.
CARLTON, FIELDS, WARD, EMMANUEL,
SMITH & CUTLER, P A.
J J 222 LAKEVIEW A VENUE, 14TH FLOOR
P. 0 BOX ISO
WEST PALM BEACH, FLORlDA 33402
DEC-12-\994 J:~':FIIl 94-409991
ORB 8539 P, 384
..'.13111111__. _
DECLARATION OF COVE.'\'..v-:TS, RESTRICTIONS A;':O EASE.\IE.'ITS
FOR
LA WRENCE OAKS
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
("DECLARATION.) made and entered into this .5Uh day ofl:)a~......b....,. , 1994, by
LA WRENCE OAKS-ORlOLE, INC, a Florida corporation, hereinaft~r referred to as
.Declarant. (as such term is hereinafter defined).
RECITATION:
A. Declarant owns the real property described on Exhibit "A" attached hereto /
(hereinafter sometimes referred to as .Land. and sometimes referred to as . Property.),
B. By recording this Declaration in the Public Records of Palm Be:1ch County,
Florida, Declarant shall and does hereby declare the Land is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions, easements, charges and liens
hereinafter ~t forth, as well as the covenants, restrictions, easements, charges and liens set forth
in the Master Declaration, as hereinafter defined, which is for purposes of protecting the value
and desirability of, and which shall run with the Land and be binding on all parties having any
right, title or interest in said Land or any put thereof, their heirs, successors and assigns, and
shall inure to the benefit of each Owner thereof as hereinafter defined.
C. The Land shall be developed as a single-family residential subdivision known as
LA WRENCE OAKS (hereinafter referred to as the .Project.), consisting of as many as 178 Lots
(with or without dwelling units constructed ther~n) and .Common Properties. (as such term
is hereinafter defined).
D. Lawrence Oaks/Oriole, Inc., a Florida corporation, or such other person, firm or
entity as Declarant may choose in its sole and unfettered discretion, will develop the Project and
construct Units and other facilities upon all or a ponion of the Land in accordance with the
general plan of development as may be subsequently modified.
F. Declarant desires to establish its intention to provide quality, affordable housing,
imposing maintenance obligations upon subsequent purchasers
G. Declarant has deemed it desirable, for the efficient preservation of the values and
amenities in the Project to create a Florida corporation not for profit (hereinafter referred to as
the . Association.) which will be responsible for the ownership, maintenance and administration
of the portions of the Project which may now or hereafter be designated as Common Properties,
the enforcement of this Declaration, and collection and disbursement of the assessments and
charges hereinafter authorized.
ORB 8539 P'3 405
plans submitted to il for Uly proposed Improvement, 11lerallon, repalnting, or addition solely
on the basis of aesthelic considerations and the overall benefit or detriment which would result
to the Immediate vicinity and to the ProJect. The Commlltee sh111 tJ.lce into cansideration the
impact on surrounding are4, the aesthetic upects of the architectural designs, the plao:ment of
buildings, landscaping, calor schemes, eXlCrior finishes and materil1s and similar features, but
shall not be responsible for reviewing nor shall its approval of any pUn or design be deemed
approval 0(, Uly plan or de.sign from the sUIldpoint of structural ulery or can(ormano: with
building or other codes.
Sedlon 8. Variance. The Committee may authorize varian~ from campliano: with
any o( the architectural provisions from time to ume in existence a.s a result of this Declaration,
the Rules, or any amendment to the Declmtion, when cu-cumsUIlces such as topography,
natural obstructions, hardship, aesthetic or environmental cansiderations require. Such variano:
must be evidenced in writing, which must be signed by at le:ut two (2) members of the
Committee. If such variutces are granted, no vioLation of the covenants, conditions and
restrictions contained in this Declaration or any amendment to this Declaration shall be deemed
to have occurred with respect to the matter (or which the variance was granted. The granting
of such a variance shall not, however, opcralC to waive any of the lCrms and provisions of this
DecLaration, the Rules, or of any amendment to this Declaration for any purpose exo:pt as to
the particular property and particular provi5ions hereof covered by the variano:, nor wall It
affect in any way the Owner's obligation to comply with ill government laws and regulations
affecting his use of the premise.s, including, but not limited to, zoning ordinan~ Uld setbaclc
lines or requirements imposed by Uly governmental or municipal authoriry. The granting of a
variance in one instance shall not waive the rights of the Committee to refuse to grant a variance
in Uly other instance, whether or not such other instance is similar in nature, if the policy of the
Committee has changed subSOiuent to the initial variance or if the policy of the Comminee has
changed subSOiuent to the initial variance or if b~ upon experience obcained with respect to
the initial variance. Any variance granted, or not granted, shall be subject to the approval of,
and any decision concerning same, shall not be binding until approved by the Board.
Section 9. Dedar.lnt and Related Entity Exemption. The Declarant and any wholly
owned subsidiary or affiliate of the Declarant or entity owned by the parent company of the
Declarant or development partners of the declarant shall be exempt from the provisions of this
Anicle VIII and shall not be required to obcain approval of the Committee.
ARTICLE lX. MAINTENANCE, REPAIRS, ADDITIONS AND REPLACEMENTS
Section 1. M.alnteD2nce Obligations o( Owners. Subject 10 the duty of the
Association to provide for mainlCnance a.s provided in this Declaration, it shall be the duty of
each Owner in the Project at his sole cast and expense, subject to the provisions of thIS
Declaration regarding Committee :approval, to maincain, repair. replace and restore the Lou and
Units thereon a.s may be subject to their re3pective cantrell or jurisdiction in a neat, sanitary and
attnctive condition subject to reasonable rules Uld regulations of the Board. In the event that
any ponion of the Lots or Units fall into disrepair, or is not so maint.a.ined so as to thereby
""'111"" I
- 22 -
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CONSENT ACTION OF THE BOARD OF DIRECTORS
Q.E.IJ-iE LAWRENCE OAKS HOMEOWNERS ASSOCIATION, INC.
The undersignE~d, as all of the members of the Board of Directors of Lawrence Oaks
Homeowners Association, Inc., a Florida corporation (the "Association"), agree, adopt,
consent to, and order the following corporate action under ~607.0821 of the Florida
Business Corporations Act (the "Act"):
1. The undersigned adopt the following corporate action. The Board of
Directors, actin9 In its capacity as the Architectural Committee, hereby grants a Variance
and Consent, authorizing measurement of the set back reqUirements for an In-ground
swimming pool em Lot 110, Manor Forest Plat 4 (7805 Manor Forest Lane, Boynton Beach,
Florida 33436) from the Association's property line, a true and correct copy of which is
attached hereto as Exhibit "A"
WHEREAS, it is in the best Interests of the ASSociation to undertake this action;
NOW, TIHEREFORE, be It RESOLVED that the Variance and Consent attached
hereto as Exhibit "A" is adopted, approved, and consented to, and any of the Board's
Officers or Dimctors are authorized to execute and deliver the Variance and Consent,
including submi:;sion of same, to the City of Boynton Beach, to carry out the purpose and
intent of this R'3solution, and to do or cause to be done any and all such acts by or on
behalf of the Association, as the Board deems necessary and appropriate to consummate
the Association's consent to the use of its property line as the applicable measuring point
for the zoning r'3qUlrements of the City of Boynton Beach applicable to sWimming pools.
IN WITNESS WHEREOF, the undersigned as a maJonty of the members of the
Board of Directors of the Lawrence Oaks Homeowners Association, Inc, execute the
foregoing corporate action as of February..L , 2000
~J
Joan ucas, r~sident
Ron Smtll, Treasurer
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/7" a......, f /.-/-;.y
~rry Duffy, Dir~ct6r
$-
LJ \P""'<"'D.St"I.""lCo",~on
TOTAL P. lJ1
,
.FEB-01-2000 16.04
KGMH&R 561-559-4020
561 559 5399 P ~2/~j
VARIANCE AND CONSENT
Pursuant to Article 8, Section 8 of the Declaration of Covenants, Restrictions and
Easements for Lawrence Oaks, property owners, Peter and Rosalie DeStefano are hereby
granted a varian,:;e based upon medical hardship, relative to the measurement of the set
back requirements for purposes of constructIng an in-ground swimming pool. The Board
of Directors of the Lawrence Oaks Homeowners Association (the "AsSociation"), duly
acting in its lawful capacity as the Architectural Committee, hereby authorizes, consents,
and agrees that the City of Boynton Beach, Peter and Rosalie DeStefano, and any other
governmental entity with jurisdiction, can measure the set back requirements for purposes
of compliance with the set back requirements applicable to Lot 110, Manor Forest Plat 4,
for a swimming pool from the Associatlon's property line in the landscape buffer (owned
by the Associaticm)
esident
aks Homeowners Association
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Lawrence Oaks Homeowners Association
Dated:
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Dated:
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according to the Plat
thereof, on file in the
Ofxice of the Clerk of the
Circuit Court in and for
PaLm Beach County, recordec
Plat Book 73, Pages 194
thru 199, inclusive
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FLOOD INFORMATION:
Community No.: 120192
Panel No.: 170 Suffix: A
Date of F.I.R.M.: 2-1-79
Base Elevation: Not
Available
Note; 100 Year Flood
Rlev. = 18.4 feet
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2-2-98 "Certified To" revised and Names added.