Not so fast, design board says to Palm Beach couple seeking zoning variance for fake grass

North End homeowners Manuel and Evan Castelo have found themselves tangled between two Palm Beach governing boards after the Palm Beach Architectural Commission said it couldn't vote for a zoning-code variance to allow for the installation of fake grass in their backyard.

The Castelos, who recently moved into a new home here from California, were seeking the architectural board's relief from a code violation they had incurred for installing fake grass without a building permit. The couple had replaced the real grass on their property's northwest corner repeatedly because, Manuel Castelo said during the board's April 24 meeting, it kept dying in the overly shaded area. It left a muddy mess that was tracked indoors after their dogs relieved themselves.

The Castelos had overseen much of their home's construction long distance from California. When they signed off on the installation of the artificial turf, they were unaware of town law requiring the Architectural Commission's approval before applying for a building permit for installing fake grass, Manuel Castelo said.

Causing even more trouble for the owners of the property at 1464 N. Ocean Blvd. is that artificial turf is categorized by the town as hardscape. In the Castelos' case, it was treated like pavement when officials evaluated whether the property would meet the town's stringent rules governing the amount of green space required on the property.

Even though the artificial turf would cover less than 5% of the property's open area — a point Manuel Castelo emphasized throughout the meeting — the fake grass still triggered the need for the zoning variance.

"You're kind of stuck between a rock and a hard place. No matter what you do, (real grass is) not going to grow there," Commissioner K.T. Catlin said of the shaded backyard.

The commission has a history of denying property owners' requests for artificial turf, often criticizing it as unsightly and unsustainable. They did express sympathy for the Castelos' plight, yet their sympathy was only outweighed by their fear of setting an unwanted precedent if they endorsed a zoning variance for fake grass.

The house is a recent addition to the island. The Castelos bought the lot, which measures a little less than a quarter-acre, in 2020 for about $2.3 million. By the time the house was completed in 2023, the grass planted on the property’s backyard and side yards was struggling to thrive, Manuel Castelo said. Adjacent houses and their mature foliage keep much of the property in shade, he said.

After replacing the section of grass several times, the Castelo’s original landscaper, West Palm Beach-based Lopez Landscaping & Design, recommended installing artificial turf instead, said attorney John Eubanks, who represented the Castelos at the meeting.

Back in California, Eubanks said, "you get paid to put in (artificial) turf because it takes less water, and there’s a lot of good things with it,” explaining why the Castelos were caught off guard by Town Hall's rules governing its use.

The installation of the fake grass initially landed the couple in hot water after code-enforcement officers were alerted to the unpermitted work and issued a stop-work order Oct. 7, said Code Officer John Moriarty during the Code Enforcement Board’s January meeting. At the time, the percentage of artificial turf planned for the property was much higher.

During the January meeting, the Code Enforcement Board levied a $150 administrative fee and ordered the Castelos to get the property into compliance by April 15. But citing the Castelos' close communication with code-enforcement officials, the code board in April gave the couple until July 17 to bring the property into compliance.

During that time, the Castelos updated their plan, reducing the use of artificial turf to just below 5% of the property's open space.

Manuel Castelo says variance request is minimal, and supported by immediate neighbors

During the April 24 meeting of the architectural board, Manuel Castelo emphasized that while the project required a zoning variance, the amount of fake grass being requested was minimal, and out of sight from passers-by on the street.

Part of the issue, Castelo said, was the house's circular driveway, which had significantly increased the amount of hardscape at the property. He said they were forced to build the new driveway after realizing how dangerous it was to back out onto North Ocean Boulevard near Onondaga Avenue.

“Someone has already actually missed the turn and gone through my front yard. They took out the mailbox … and rammed through the landscaping,” he said.

These safety concerns are also fueling the request to reduce the height of the property's northern site wall, he said.

The overall project has earned the support of the property's immediate neighbors, all three sending a letter in support.

Landscape architect Dustin Mizell of Environment Design Group said that the owners wanted the artificial turf — which would be of high quality and porous — to cover open space as an alternative to the backyard's pavement for when their grandchildren visit.

Architectural Board open to approving turf, but no zoning variance

Commissioners, though, were split about its merits — and that troublesome variance request, which would have to be approved by the Town Council.

Commissioner Betsy Shiverick took note of the tight arrangement of the backyard, which includes a barbecue area, a patio, a swimming pool and a pergola. "There's no yard there anyways to speak of," Shiverick said, while noting that there are other plants that the couple could choose to replace the artificial turf.

Other commissioners suggested as alternatives Confederate jasmine or even St. Augustine grass.

"I think you're missing a big opportunity here," Shiverick told Castelo. "The artificial turf does nothing for this house — it's not like you're getting a big expansive lawn."

Manuel Castelo welcomed the commission's recommendations, but said he would still prefer artificial turf, as he wanted the area to still be walkable with space to accommodate a table for guests. "Obviously, people have different ways of living, but this is very important to us," Castelo said.

Alternate Commissioner Dan Floersheimer extended an olive branch, noting that there are countless locations in Palm Beach with artificial turf. He also commended the Castelos for actively addressing their code violation.

"I would be more in favor of granting you some relief," said Floersheimer, to allow artificial turf — but only if it were configured so it would not require a zoning variance. Floersheimer asked fellow commissioners if they would be receptive to installing artificial turf if the zoning variance was removed. A majority of commissioners responded affirmatively.

The commission, with alternate Floersheimer and David Phoenix voting in the place of absent commissioners Kenn Karakul and Elizabeth Connaughton, unanimously voted to approve the changes to the property's northern site wall, and voted 7-0 to defer the rest of the project to the commission's May 29 meeting.

The Architectural Commission is generally tasked with approving the look of all architecture in town, with the exception of projects involving historic buildings overseen by the Landmarks Preservation Commission.

Diego Diaz Lasa is a journalist at the Palm Beach Daily News, part of the USA TODAY Florida Network. You can reach him at dlasa@pbdailynews.com.

This article originally appeared on Palm Beach Daily News: Palm Beach design board wary of homeowners' request for fake turf