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Estancia at Boynton (ZNCV-202.07.4717) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Estancia at Boynton (ZNCV-2025.07.4717) APPLICANT: Peter Carney, Estancia at Boynton Beach Homeowners Association, Inc. APPLICANT'S ADDRESS: 817 Virginia Garden Dr, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2026 APPROVAL SOUGHT: Request for a Variance (ZNCV - 2025.07.4717) from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape Buffer" to grant approval to construct a fence where a masonry buffer wall is required, within Estancia at Boynton, located at 3200 Estancia Ln, in the IPUD (Infill Planned Unit Development) zoning district. LOCATION OF PROPERTY: 3200 Estancia Ln DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ✓ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicpnt's request is hereby ./ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. I k D. TOT.e:)eccy, - �QORA7(. 7. Other: ;p:•CP tt .•-;-S d 1 �� "" DATED: -71,0-0)-(49.u,,,,���,,w EMSktk %''�;1 \ \,: . ityCle .. FLU'?_r c.?Y o DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION P STAFF REPORT ETON TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Division Director, Planning and Zoning FROM: Yazan Bata Planner I DATE: January 30, 2026 CC Hearing Date: February 17, 2026 PROJECT: Estancia at Boynton Variance (ZNCV - 2025.07.4717) REQUEST: Request for a Variance (ZNCV - 2025.07.4717) from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape Buffer" to grant approval to construct a fence where a masonry buffer wall is required, within Estancia at Boynton, located at 3200 Estancia Ln, in the IPUD (Infill Planned Unit Development) zoning district. PROJECT DESCRIPTION Property Owner: Estancia at Boynton Beach Homeowners Association, Inc. Applicant: Peter Carney Agent: Carney Stanton P.L. Location: 3200 Estancia Ln (Exhibit A— Location Map) PCN: 08-43-46-04-38-012-0000 and 08-43-46-04-38-018-0000 Existing Land Use: SHDR (Special High Density Residential) Proposed Land Use: SHDR (Special High Density Residential) Existing Zoning: IPUD (Infill Planned Unit Development) Proposed Zoning: IPUD (Infill Planned Unit Development) Acreage: ±2.65 acres Adjacent Uses: North: Developed residential property, zoned R3 (Multi-Family Residential); Page 2 **Update** Variance for Estancia at Boynton Beach Homeowners Association, Inc. ZNCV-2025.07.4717 South: Unincorporated Palm Beach County, zoned RM (Multi-Family); East: The Intercoastal Waterway; and West: Right-of-way of Federal Highway; further west is developed commercial property classified as LRC (Local Retail Commercial) land use and zoned C-3 (Community Commercial). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject property, and signs were posted for the City Commission meeting date. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The subject site is generally located between Federal Hwy and the Intercoastal Waterway, north of Bamboo Ln, and approximately 400 feet south of the intersection of Federal Hwy and Old Dixie Hwy. The subject site is within the Urban Commercial District Overlay. In 2006, approval of an IPUD (Infill Planned Unit Development) consisting of 30 dwelling units was granted for the subject site. The approval also included a 6-foot concrete wall separating residential units on the southern part of the development from a neighboring single-family property located at 815 Bamboo Ln. The Variance application process is available for applicants requesting deviation from a quantifiable standard, measure or regulation of the Land Development Regulations, when the applicant is able to demonstrate that a hardship specific to the property exists and the request is not intended to circumvent the applicable Land Development Regulations. The applicant, Estancia at Boynton Beach Homeowners Association, Inc., through their agent Carney Stanton P.L., seeks approval of a Variance to support the proposed site plan modification, which is erecting a fence in lieu of the previously approved 6-foot concrete wall. In conjunction with this Variance application, the applicant applied for a Major Site Plan Modification (MSPM - 2025.07.4717). ANALYSIS The intent of the IPUD zoning district is to encourage the construction of unique, high quality and compatible multi-family residential developments that exceed the basic development standards of the Land Development Regulations in terms of site design, building architecture, construction materials, amenities and landscape design. The project proposed a residential development of 30 dwelling units with residential amenities, recreational spaces and landscaping. Residential units on the southern part of the development are supposed to be partially separated from the neighboring single-family property by a 6- foot concrete wall, according to approved plans prior to construction in 2006 (NWSP 05-026). Additionally, pursuant to the city's Land Development Regulations (LDR), the subject-property is required to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall (Part III, Chapter 4, Article II, Section 4.B.3.c.(2)). However, no concrete wall currently exists at that location. The applicant is requesting approval for erecting a fence instead. The applicant states in their Project Narrative / Justification Statement (Exhibit B - Project Description & Justification Statement) that the special conditions and circumstances stem from the fact that the development received a Certificate of Occupancy (CO) at the time of construction. Also, the applicant provided not-a-certified-copy of Sewer Connection Easement between the owner of the development at C,\Users\StdnzioneT\Downloads\Staff Repo'l 3200 Lsldncid Ln Val dnceVocxS P4d+++++++tSHARii:AAh{yP+iU)ECIS\Est.mua(�Boynton Kevch\MSPfvi, 2 Page 3**Update** Variance for Estancia at Boynton Beach Homeowners Association, Inc. ZNCV-2025.07.4717 the time, HHC Boynton, LLC, and the City of Boynton Beach dated in the year 2007. The agreement mentions no wall. The applicant described that a wall was never constructed because the city advised the wall shall not be constructed due to the location of the sewer pipe. As a result, the pre-existing fence was left in place and never replaced by a 6-foot concrete wall, as per the approved plans. Staff was unable to locate documentation stating said information. However, staff found that the adjacent property located at 815 Bamboo Ln had received approval for a variance in 1994 (Board of Adjustment case #188), before the subject-property was developed as Estancia Homeowners Association, INC. Said variance request was to reduce ten (10) feet required west setback to one (1) foot, to construct a garage to be attached to the existing residential structure. A Site Plan & Master Plan that was approved prior to construction in 2006 (NWSP 05-026) shows a 6-foot concrete wall, (B) subsequent development and/or building applications submitted for this development (irrespective of the scope of work) also show the concrete wall on their plans and/or surveys (see table 1.1 below), and (C) a request was previously made to replace the wall with a fence, but was denied "due to the need to provide adequate buffering and also retention with the grade differential," according to the Letter of Approval for MMSP 08-019. It further adds some conditions to proceed with a building permit for MMSP 08-019. One of those conditions was that "the concrete wall shall be constructed as depicted on the originally approved site plan along the east property line." Table 1.1: Plans showing 6-foot concrete wall, each plan's professional preparer,date of preparation,and application with which it was submitted. Application Plan Dated Prepared by NWSP 05-026 Site Plan&Master Plan(SP1 of 2) September 11, 2005 Carlos J. Ballbe MMSP 06-0808 Site Plan&Master Plan (SP1 of 2) September 11, 2005 Carlos J. Ballbe 06-1196 Paving and Drainage System(PD2 of 4) July 25, 2006 Carlos J. Ballbe 06--5985 Site Plan&Master Plan(SP1 of 2) April 13, 2026 Carlos J. Ballbe 07--6230 Paving and Drainage System(PD2 of 4) January 5,2007 Carlos J. Ballbe CMSP-2023.12.97606 ALTA/ACSM Land Title Survey May 15,2008 Caulfield &Wheeler, Inc For this application, the applicant provided a copy of the survey that does show a concrete wall. In later review cycles the applicant provided a copy that shows no concrete wall; rather, a 6-foot fence. The applicant also provided an affidavit from the surveyor stating that the wall "is shown as `proposed' and was never constructed." The City Commission has the authority and duty to authorize variances from the city's Land Development Regulations (LDRs) that will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city's Land Development Regulations (LDR) would result in unnecessary and undue hardship. Approval may be granted as proposed or with conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare; or be denied when not in harmony with the intent and purpose of the Variance application. In evaluating the application, the City Commission shall consider the effects of the proposal on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made. In order to authorize any variance from the city's Land Development Regulations (LDRs), the applicant must demonstrate that the request meets the following criteria (a-f), pursuant to Part III, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's Land Development Regulations (LDRs). The applicant's justification and response to these criteria is attached (Exhibit B - Project Description & Justification Statement). C\Users\StanzioneT\Downloads\Staff Report - 3200 Estancia Ln Vanance.docx . - • - • ' - == 3 Page 4 **Update** Variance for Estancia at Boynton Beach Homeowners Association, Inc. ZNCV-2025.07.4717 a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The intent of the IPUD zoning district is to encourage the construction of unique, high quality and compatible multi-family residential developments that exceed the basic development standards of the Land Development Regulations in terms of site design, building architecture, construction materials, amenities and landscape design. The project proposed a residential development of 30 dwelling units with residential amenities, recreational spaces and landscaping. The previously approved plans prior to construction in 2006 (NWSP 05-026) require the development to have a 6-foot concrete wall. The applicant is requesting deviation from the previously approved plans by erecting a fence instead of the wall. In their Project Narrative/Justification Statement, the applicant states that the special conditions and circumstances of the subject site stem from the fact that the development received a Certificate of Occupancy (CO) at the time of construction. Also, the applicant provided not-a- certified-copy of Sewer Connection Easement between the owner of the development at the time, HHC Boynton, LLC, and the City of Boynton Beach dated in the year 2007. The agreement mentions no wall. The applicant described that a wall was never constructed because the city advised the wall shall not be constructed due to the location of the sewer pipe. As a result, the pre-existing fence was left in place and never replaced by a 6-foot concrete wall, as per the approved plans. Staff was not able to locate documentation attesting to this claim. However, staff found that the adjacent property located at 815 Bamboo Ln had received approval for a variance in 1994, before the subject-property was developed as Estancia Homeowners Association, INC. Said variance request was to reduce ten (10) feet required west setback to one (1) foot, to construct a garage to be attached to the existing residential structure. According to the plat of record, the tracts in question are "reserved for the Estancia at Boynton Beach Homeowners Association, INC., a Florida corporation not-for-profit, its successors and assigns." As such, the new owner(Estancia Homeowners Association, INC) inherited any outstanding items with conveyance of the real estate. Additionally, the developer failed to build the development according to the approved plans and failed to seek amendment of the approved site plan. In spite of that, the conditions and circumstances in question are peculiar to the land due to the adjacent property being built one (1) foot away from the property line, as per the approved variance (Board of Adjustment case #188). b. That the special conditions and circumstances do not result from the actions of the applicant. In their Project Narrative / Justification Statement, the applicant states that the special conditions and circumstances of the subject site are the result of the actions of the developer; rather than the homeowners association which owns the development today. The developer built the development to standards below the required as per the approved plans long before the ownership of the development was conveyed to the homeowners association. Also, the applicant provided not-a-certified-copy of Sewer Connection Easement between the owner of the development at the time, HHC Boynton, LLC, and the City of Boynton Beach dated in the year 2007. The agreement mentions no wall. The applicant described that a wall was never constructed because the city advised the wall shall not be constructed due to the location of the sewer pipe. As a result, the pre-existing fence was left in place and never replaced by a 6-foot concrete wall, as per the approved plans. Staff was not able to locate documentation with said information. According to the plat of record, the tracts in question are "reserved for the Estancia at Boynton Beach Homeowners Association, INC., a Florida corporation not-for-profit, its successors and assigns." As such, the new owner(Estancia Homeowners Association, INC) inherited any outstanding items with conveyance of the real estate. Additionally, the developer failed to build the development according to the approved plans and failed to seek amendment of the approved site plan. In spite of that, the conditions and circumstances in question do not result from the actions of the applicant; rather, they are the result of the C:\Uses s\Stdnzione I,Uov.nloads\Staff kepoi t 32u0 Lstancia Ln Variance.docx : • • _ t•-iseyotor3 7N t 4 Page 5**Update** Variance for Estancia at Boynton Beach Homeowners Association, Inc. ZNCV-2025.07.4717 adjacent property being built one(1)foot away from the property line, as per the approved variance (Board of Adjustment case #188). c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, buildings, or structures in the same zoning district. The proposal meets the core intent of the Infill Planned Unit Development (IPUD) while maintaining the protection of the surrounding area and the citizens' general welfare. The applicant is not requesting the complete elimination of a barrier; rather, the development would still provide an integrated barrier. However, nearby developments that are zoned IPUD (Infill Planned Unit Development) have 6-foot concrete walls separating them from adjacent properties, e.g. Waterside and Bayfront at Boynton Beach. d. 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. The proposal meets the core intent of the Infill Planned Unit Development (IPUD) while maintaining the protection of the surrounding area and the citizens' general welfare. The applicant is not requesting the complete elimination of a barrier; rather, the development would still provide an integrated barrier. In their Project Narrative/Justification Statement, the applicant states that requiring the homeowners association to rectify a situation created by the developer would cause undue hardship on the applicant and future residents on the basis of cost of construction of a 6-foot concrete wall. The applicant adds that the proposed alternative, which is a fence, is aesthetically attractive and does not affect public safety. However, nearby developments that are zoned IPUD (Infill Planned Unit Development) have 6-foot concrete walls separating them from adjacent properties, e.g. Waterside and Bayfront at Boynton Beach. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. By allowing deviation from the previously approved plans, the applicant may still provide adequate screening and buffering from adjacent properties as well as any other additional required landscaping, if any, to meet the Land Development Regulations (LDR). f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to public welfare. The proposal meets the core intent of the Infill Planned Unit Development (IPUD) while maintaining the protection of the surrounding area and the citizens' general welfare. The applicant is not requesting the complete elimination of a barrier; rather, the development would still provide an integrated barrier. In their Project Narrative / Justification Statement, the applicant states that the proposed alternative, which is a fence, is aesthetically attractive and does not affect public safety. RECOMMENDATION Staff has reviewed this Variance application against the general intent of the underlying IPUD (Infill Planned Unit Development) zoning district and Urban Commercial District overlay, their corresponding requirements, as well as against the variance criteria (a-f), pursuant to Part III, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's Land Development Regulations (LDRs). Despite the fact that the proposed fence is not identical to the surrounding developments, it would still be C'\Users\StanzioneT\Downloads\Stall Report - 3200 Estancia Ln Variance docx . • . - . __ _ . 5 Page 6**Update** Variance for Estancia at Boynton Beach Homeowners Association, Inc. ZNCV-2025.07.4717 in harmony with them while also maintaining a certain level of exclusivity, privacy, and security. However, staff believes the applicant failed to provide sufficient evidence to meet all criteria for a variance application. Based on the analysis contained herein, staff recommends denial of this variance request to deviate from the approved plans by erecting a fence in lieu of a 6-foot concrete wall, based on the following justification: 1. The applicant has not sufficiently justified the variance criteria, which prevents staff from supporting the variance. While the project is potentially financially beneficial to the community and a strong example of infill development, these factors do not meet the necessary requirements for the variance; 2. The variance request is a result of conditions and circumstances that are not special to the land or structures. Rather, they are manufactured by the developer who did not build the development according to the approved plans or failed to amend the plans. The new owner (the Homeowners Association) assumed any outstanding items with conveyance of the real estate; 3. The variance request is a result of a self-imposed hardship, as the current conditions which do not meet the approved plans, are the result of the actions of the developer. Such conditions are assumed by the developer's successors upon conveyance of the real estate. 4. Approval of this variance request would grant the applicant rights not commonly enjoyed by similar properties in the same zoning district. Staff has reviewed this request for a Variance and recommends DENIAL based on the analysis contained herein. Should the City Commission approve the Variance, then staff recommends approval, contingent on the Conditions of Approval within Exhibit D. C\Users\Stanzionej\Downloads\Staff Report - 3200 Estancia Ln Variance.docx •• t. • • _ •• , 6 JII/4" ,s, / •A -• viv orf ! L.: •__.i - y i-1., It 4T -1'1 , WNW 11110. . .4.'4' :4' 4- _ '..vr al I: .. n Yllinv• 11. J1kins- - �a � t4. � �u-1toogweAr. ..'''-' ,..4.,,..., ,. ..31111.i.: .._ ;1091AeMT!3Uels. ..... 1 -rin will' .7.-.7.,-"Z=. '... awl , , ,------,--7, /____ r-fr isiiiiiiimm, ,.. i ,i, , , iez, • JauapleO eiui6JlA LA . ,.44 iiiii • • '.i• .4; , - , , 4 • . .. i6 mit. kit" e 2/..- ' '' 4•, 8(. 1 ! ,... r. .. 4/4, . • • ...„ ,, 4 .-4," '1/44.41)1k . 4itie:'''I I w;, 19/:41:),...,,...11/4 k P Iv 4,t--,:... .. •."4 ! -;N ! t. Itir .. 1 r • 4 I ` •,- f . . , Jr: (00008 LO8Et'09tEt780 Pu uojuAoIIIIa 11:11. � CARNEY STANTON P.L. Attorneys At Law 135 S.E. 5TH AVENUE,SUITE 202 DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX: (561)330-8233 EMAIL: tfc@carneystanton.com August 5, 2025 Name: Estancia at Boynton Beach Homeowners Association, Inc. Address: 3200 Estancia Lane City: Boynton Beach, FL 33435 In Re: Justification Letter/ Request for modification of site plan to permit a fence Dear Sir/Madam: The purpose of this letter is to provide justification for the request to permit the installation of a fence in lieu of constructing a wall on the north edge of the development known as Estancia. By way of background, Estancia is a 30 townhome development which was constructed and completed pursuant to a site plan which was approved by the City of Boynton Beach. We have been unable to locate a certified copy of the Site Plan("Site Plan") which is all we have to go on. The City does not have one in its files, nor have we been able to locate one in the Association's files. That said, the Site Plan appears to be consistent with the Surveys previously submitted to the City. The Site Plan provided for the construction of a wall at the southeastern edge of the development (Plat of Estancia of Boynton Beach). The wall was never constructed and this site has exited without the wall for the past 20 years. The Association was only made aware that a wall was not, in fact, ever constructed. This project did receive Certificate of Occupancy from the City of Boynton Beach. Typically, a CO is not issued until all the material aspects of site plan have been completed so there was no reason for the Association to believe that the development was not built in accordance with the plans submitted to the City. Also typically, when the entire aspects of a development are not completed (e.g., walls, landscaping, etc.) a Temporary Certificate of Occupancy is issued because the elements of the site plan are not fully completed but the project is substantially complete in order to allow sales,then it is noted what still needs to be done to fully fmish a project. Apparently, the CO was issued without the developer fully completing the items set forth on the Site Plan. This was only recently discovered 20 years after the issuance of the CO. As a result of this recent discovery, the City is requiring the Homeowners Association to come into compliance with the approved Site Plan. To do so at this juncture,however,means that these innocent homeowners will now bear the financial burden of constructing a wall which will cost in the neighborhood of$100,000 when all is said and done. We believe that,considering the fact that the CO was issued by the City before the work which was set forth in the Certified Site Plan was completed (20 years later) is not fair or just to the homeowners who had not part of constructing or fulfilling the obligations of the Developer to complete the project as per the Certified Site Plan. It was wholly within the purview of the City to complete an inspection to ensure that the terms ands conditions of the Site Plan. The City had within its control the ability to have the developer --- the one who made all the money in this— and from whom the City received various fees for permits,inspections,etc.—construct the wall to obtain the CO but it failed to do so. And the City is now asking the homeowners to pay for the mistake. For twenty years, two 15 feet wooden fences CONSPICUOUSLY EXISTED along the northernmost portion and southernmost portion of the easterly property line that prohibited entry onto either property. In the last six or eight months, the 815 Bamboo Lane property owner installed a rain gutter system that discharged its water onto the Estancia property.The softening of the ground caused by this excess water combined now with his (815 property owner)boat tenant pushing the wooden fence to create a gap with our wooden fence so he could"Squeeze through" onto the 815 property to access the boat dock the 815 was leasing did an issue occur. Estancia has proposed to install a very high quality fence with will achieve significantly enhance what was place for 20 years and accomplish substantially all or which a wall will do. We have all seen these fences and they are compatible with any neighborhood. Notwithstanding the background of this situation,the City has said that to do this a variance is necessary. The particular circumstances of this property justify the granting of the variance to allow the fence prevents the hardship on the residents of Estancia which was not of their own making but still providing an effective barrier between the Estancia and the neighbor to the north. Note that this Variance only affects one property. And, it is important to note that that person who made the complaint purchased their home with the existing fence in place. In furtherance of our justification to allow for a fence instead of a wall: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved,and which are not applicable to other lands,structures or buildings in the same zoning district. This is a special condition and circumstance in that this is a situation which arose from a site plan which was, that received a certificate of occupancy 20 years ago. At that time, it was evidently missed that, rather than a six-foot concrete wall being constructed at the property line border, the existing fence (which was a wooden fence of approximate height of six feet) was left in its place. This is clearly a situation which was peculiar to this land because, in almost all of the instances I have seen,site plans are constructed in accordance with what is certified by the City.That this was not, is unfortunate. Other lands which are developed do not have this same situation, especially since it has been in an existing situation for over 20 years b. That special conditions and circumstances do not result from the actions of the applicant for the variance. The project was completed sometime in 2008 and this condition (the fence on the border of the property instead of a six-foot concrete wall)has been in existence since the property was initially received its Certificate of Occupancy. None of the existing homeowners were involved with that process;The construction project was built by a company long out of business and no records have been found. What is absolutely clear,however,is that the existing property owners had nothing to do with the creation of this situation. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. The granting of this variance will not create a special privilege that would be denied to others because of the nature of this situation. I would hope that, in other cases where the property owners • had nothing to do with the situation which was created by the developer of a project and that condition has lasted over 20 years, and a very viable solution is available,would receive the same treatment in that they are totally innocent and,what is being proposed does not propose any safety hazard whatsoever and is a dramatic improvement on the existing condition. In fact, forcing these innocent homeowners to build a wall would be contrary to the typical standard afforded to innocent homeowners (especially after 20 years). d. That literal interpretations 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. Most property owners in the city have projects which are built in accordance with approved certified site plans. As such,when you have a situation where innocent property owners are faced with a situation where the developer itself failed to comply with its site plan as submitted to the city, now forcing these innocent property owners to bear the high cost of building a six-foot wall is an unnecessary and undue hardship on these homeowners. This is especially true when the alternative being proposed creates an attractive alternative and does not affect the public safety of any other parties involved. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. The variance requested (e.g., the construction of a new fence in lieu of the never constructed six- foot concrete wall) would provide a proper demarcation between the applicant and the adjoining property owner and, under the circumstances, and under these very particular and peculiar circumstances, is a reasonable use and accommodation to the situation. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare This circumstance has been in existence for 20 years. There is currently a wooden fence in this location. The proposal is to substantially upgrade the current fence with a high-quality vinal fence. The granting of the variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The general intent and purpose of the chapter is to ensure that purchasers of property within the City, can have confidence that the projects being built are in accordance with the city's building code and zoning codes,otherwise Certificates of Occupancy are not issued until there is such compliance. The construction of a new fence will be in harmony with this general purpose, with this general intent and purpose of the chapter, and will be a fair resolution to the innocent property owners without negatively affecting adjoining property owners. The harmony of the project and its relationship to the neighborhood itself will be maintained. There is currently a fence there; the neighboring property purchased the property with a fence as the barrier; and Estancia is an innocent party here and had no role whatsoever in the construction of the project nor ensuring that the project was built in accordance with the Certified Site Plan. They are rightfully allowed to rely that the City's own rules were complied with at the time the CO was issued. Respectfully submitted, CARNEY STANTON P.L. 1 tO By: Thomas F. Carney, Jr. CARNEY STANTON P.L. Attorneys At Law 135 S.E. 5th Avenue, Suite 202 DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX: (561)330-8233 EMAIL: tfc@carneystanton.com December 18, 2025 Yazan Bata Planner,Planning And Development City of Boynton Beach, 100 East Ocean Avenue Boynton Beach, FL 33435 In Re: 3200 Estancia/New information Dear Planner Bata: As I mentioned to you during our telephone call, I thought I would provide you with some new information I learned over last weekend. We discussed subparagraphs (a) and (b) in my justification letter related to why the situation in this particular location is different from all other properties and that the situation was not due to any actions taken by Applicant. I understand your position that a property owner essentially `inherits' the situation from the previous landowner but I feel in this case to impose a standard that THIS landowner somehow steps in to the same shoes as the previous landowner is not applicable. Especially when the"stepping in"took place 20 years ago or so. I want to draw your attention to the attached easement. I had a conversation with the developer of the property over the weekend and asked him why was the wall not constructed. He stated that he was advised by the city that they could not construct the wall because of the sewer that was covered by the Easement. You will note that the sewer line goes through an Easement area(it starts off south to north) and then turns east and goes to the east to the adjoining property -- 815 Bamboo Lane). As such, they were advised that the easement was required since it had to service the adjoining property at 815 Bamboo Lane and that they(the Developer) could not run this sewer pipe if there was a wall constructed because it would disrupt the sewer pipe. The Developer was advised at that time to just to leave the fence as it was. It is important to note that the Developer also owned the adjoining property at that time and all were in agreement. I have no explanation as to why the site plan was not revised.No one seems to have a copy of the certified site plan; not the city;not the surveyor; and not the architect. 1 However, we do know that a certificate of occupancy was issued to allow the project to sell the units without the construction of the wall. I now believe that the reason this was issued is because the city at that point decided that the wall could not be constructed as originally contemplated. And, therefore, the fence was to be left in its place in order to properly have a sewer line running into the property located at 815 Bamboo Lane. That is the only thing that seems to make sense. Otherwise,the city should not have issued(and probably wouldn't have issued) the CO since the project was not complete. I can only assume that they deemed the project complete and issued the CO and essentially waived the requirement to construct the wall. I really have no other explanation, but that does seem to make the most sense. As such, if indeed this is what occurred, it is a very unique situation and really only applicable to this property and sets no real precedent for any other property under the special circumstances related to this site and the sewer pipe. Sincerely, • CARNEY STANTON P.L. By. f4.1 Thomas F. Carney, Jr. 2 RECORD&RETURN TO: I1I1�1111119IhN11�111NMI CRYSTAL TITLE&ESCROW 901 GEORGE BUSH BLVD. DELRAY BEACH,FL 33483 co m illgtopER CONNECTION EASEMENT a z z z THIS SEWER CO?ION EASEMENT made this e� q day of May, 2007, � N between HHC BOYNTON,COS , orida limited liability company,as the first party("HHC"), f a and the CITY OF BOYNTON A H, a municipality situated in Palm Beach County, State of Florida(the"CITY"),for the use . • ,+.efit of the CITY,as the second party. m N 1,3 ecitals cr' WHEREAS, HHC is the owner o, :II I e land known as ESTANCIA AT BOYNTON C3 O BEACH P.U.D., recording in Plat Book I t: s 25 and 26, of the Public Records of Palm 1n 0 7. Beach County,Florida. 40A xiO mm WHEREAS, the CITY has requested C create an easement (the "Sewer Connection Easement") for the construction ann�enance of a sewer connecting pipe 13 3 "Connecting Pipe), which Connecting Pipe connectswer System located on the Prperty o with the adjoining property situated at 815 Bamboo Delray Beach, FL 33483, and to `A dedicate said Sewer Connection Easement to the CITY. O °i , 0 WHEREAS,BBC has agreed to the creation of the Sew nnection Easement and the dedication of Sewer Connection Easement to the CITY. m WHEREAS, the CITY has agreed to accept the dedicate• •e Sewer Connection Easement. Fa 9 NOW,THRERFORE,for good and valuable consideration,the r ceipt and sufficiency of which is hereby acknowledged and agreed to,the parties hereby agree as follows: 1. The Recitals set forth above are true and correct and are incorporated herein as if fully set Ti forth in this paragraph. c, O v, 2. HHC hereby grants unto the CITY a perpetual easement and right-of-way for the purpose of construction and maintenance of the Connecting Pipe, upon, and through the following en described land in Palm Beach County,Florida,to-wit: w A STRIP OF LAND TEN (10) FEET IN WIDTH, SITUATE IN TRACT L2, "ESTANCIA AT E BOYNTON BEACH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ;1 1300K 108 AT PAGE 25 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND LYING FIVE (5) FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT L2; THENCE NORTH 00°41'14" WEST ALONG THE EAST LINE OF SAID TRACT L2, A DISTANCE OF 38.41 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 89°18'46"WEST,A DISTANCE OF 10.98 FEET;THENCE 44°18'46"WEST,A DISTANCE OF 7.57 FEET;THENCE SOUTH 1 Book21805/Page511 Page 1 of 3 00°41'14" EAST, A DIST• CE OF 33.06 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT L2,SAID s%l' ALSO BEING THE POINT OF TERMINUS. SIDELINES OF SAID EAS,a:'. TO BE LENTHENED OR SHORTENED TO MEET ALL ANGLE POINTS AND TO " ' tion ATE ALONG THE SAID EAST AND SOUTH LINES OF TRACT L2. IN WITNESS WEA, the first party has hereunto set his hand and seal this day of May,2007. C/ WITNESSES: OWNER C Boynton,LLC,a Florida limited Nabi ' .mpany , p / ' ��I --- A B • _ff/ m ' tt Graue, ice President rin N Pame: '1 't 5 1+ ' rn. e N evelopment,Inc.,a Delaware \t^ c• . .tion, Its: Manar/ Print Name: Pt^ 1 e1', f• (?4(Wzy O STATE OF FLORIDA COUNTY OF PALM BEACH • The foregoing instrument was acknowledged before me this Z-61 day of May, 2007 by GARRETT GRAUE, Vice-President of HHC Deve •: - , • ., • be • said corporation., Manager of HBC Boynton, LLC. He/She i •ersonally known to me or -: produced (type of identification) ;•Or '•- of 1 ate and did/d'• •t take an oath. � ' Signature of Notary Public- State of Florida Notary PUb C est,of Florida Thomas F Camey Jr a My Commisshon DD1881 46 'a r1 Expires 01115/2010 2 Book21805/Page512 Page 2 of 3 I LOT 40 LOT 4/ S89°18'46"W 10.98' POINT OF BEGINNING 544°18146"W 7.57' // /--- LOT 3D I ( •/ — ORB /6543, PAGES 145-146 5000404"EE 33.06' 0 —EAST LINE TRACT L2 Lor 2A h I 40e" a tt ORB 16543, PAGES /45-146 � DS I\ 1 !POINT OF COMMENCEMENT \ A O O � SE CORNER TRACT L2 GRAPHIC SCALE 10 20 40 POINT OF TERMINUS ( IN FEET ) ANCH - 20 FEET SOUTH LINEItT L2 ESTANCIA WAY I^�,, TRACT R DESCRIPTIO/V: UTILITY EASEMENT A STRIP OF LAND TEN (10) FEET IN WIDTH, SITUATE IN TRACT L2. 'Afg. IA AT BOYNTON BEACH" ACCORDING TO THE PLAT ThEREOF AS RECORDED IN PLAT BOOK 108 AT PAGE 25 0 W %PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND L VI/VG FIVE (5) FEET ON EITHER SIDE OF THE F0' OWING DESCRIBED CENTERL/AE COMMENCING AT TIE SOUTHEAST CORNER OF SAID TRACT L2; THENCE >: '00'4/'/4" WEST ALONG THE EAST LINE OF SAID TRACT L2, A DISTANCE OF 38.4/ FEET TO TIE POINT OF :•: ''; .l ING,• THENCE SOUTH 89'18'46" WEST, A DISTANCE OF 10.98 FEFEET; THENCE SOUTH 44"1 .� 8'46" WEST. A DISTA • ! 57 FEET; THENCE SOUTH 00'41'/4"EAST. A DISTANCE OF 33.06 FEET TO A POINT ON THE SOUTH LIN_ 0' TRACT L2. SAID POINT ALSO BEING rrf POINT OF TERMINUS. SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO MEET AT ALL A POINTS AND TO TERMINATE ALONG THE SAID EAST AND SOUTH LINES OF TRACT L2. SAID LAMDS SITUATE CITY OF BOYNTON BEACH, IN PALM BEACH COUNTY. FLORIDA. SLB,.ECT TO EASEMENTS. RESTRICTIONS. RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES: I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP. OR OTHER INSTR VENTS OF RECORD, 3. 77-E LAND DESCRIPTION"HEREON WAS PREPARED BY TIE SURVEYOR. 4. DATA SHOWN r/REON WAS COMPILED FROM TIE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 5. ORB -. OFFICIAL REOCRDS BOOK CERTIFICATE: I HEREBY CERTIFY THAT TIE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO ME BEST OF MY KNOWLEDGE AND BEL/EF AS PREPARED LN)ER MY DIRECTION ON MAY 81h, 2007. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHV/CAL STAAOARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. P:\05027-04-46-43\ftwkys\..y\sk.A50271E2.0wq CAULFIELD & WHEELER, INC. DATE 5/08/2007 C ;= CIVIL ENGINEERING - LAND PLANNING '6' LANDSCAPE ARCHITECTURE -SURVEYING FAWN BY APZ 4�'..,6/k 7301A W. PALMETTO PARK ROAD - SUITE 100A 1 • 1 L.I `�„.j,, '. . ,-` •` BOCA RATON, FLORIDA 33433 1 PHONE (561)-392-1991 / FAX (56I)-750-1452 J - EY'; WAGNERF,B./ PG. N/A ' ER TT' LAND SKETCH OF DESCRIPTION SURVEYOR NO. 5302 SCALE I"=201 UTILITY EASEMENT STATES OF FLORIDA L.B. 3591 JOB NO, 5027 Book21805/Page513 Page 3 of 3 TAE EAST LINE OF TRACT L2 AND TRACT R ESTANCIA AT BOYNTON BEACH, P. U.D. According To The Plat Recorded In Plat Book 108,Page 25 Recorded In The Public CANAL Record Of Palm Beach County Said Land Situate, Lying, And Being In Palm Beach County, - cCi FOUND NAIL 4 FOUND NAIL UNNUMBERED UNNUMBERED N 89 18'46"E — 11115 LOT - Awn K.. CONC CAP ..• 1 st --- ----- NOTES/ 27 P PlAr342 14t,e is i• PAVERS I WOOD FENCE 85 WEST j) BEARINGS SHOWN HEREON ARE RELITAVE -T •AY a \„y:'. :1 • • '� i L'-- 7D PLAT AND AE ASSUMED. ,:CT T _ ;_�. n I 2) NO ABSTRACT OR TITLE SEARCH WAS 'IV. �u 1�,`.n,i! 1.1 , SI PREFORMED TO DISCOVER THE EXISTENCE OF •l j BUILDING 1.0 CLEAR ANY EASEMENTS OR RESTRICTIONS OF �•��' a IRECORA ir d? 0.9 ROOF EAVE A fl! Y 06 ao ELEVATIONS SHOWN HEREON ARE BASED �-- Yy� ,,.. • NORTH LOT 15JI ON NORTH AMERICA VERTICAL DATUM OF ,__r-- eo 1988 UNLESS OTHERWISE NOTED. Znt I NOT TO SCALE I ao 1. �� vNcOrRTH v EXISTING 4) NO BELOW GROUND IMPROVEMENTS, . v — r.IW ,,i,' wwEAST LINE TRACT L2 RESIDENCE p FOOTERS, FOUNDATIONS OR UTILITIES HAVE kli�� ` ' t i - tBEEN LOCATED OR SHOWN ON THIS SURVEY. �T __. _,7"7..E n �4 o a 1tIN a. II o I—�——— Z ill; 68.0. official record book TRAM•transfarner pod P.I.•pk.t book P•plot P.G.•pope CAA concrete block structure FP.L.•Florida parer and Ilont M.a cal B.gown BUILDING 0.9 CLEAR O P.C.C, paint of compound curve CM•cnna-ete ru a .ntP.C.P. QPAZ•milt a moor. wv• 4 M-oP-.ay M. [I SvwS aFp a p••tO"...'d ',trot•nCilre Lit•IRON I % IA PAC. point f connenconeen t P point of 1,41.ctlon ®•beo,In lad01 Pit RP•r ieP odnt 0/3•of WOOD FENCE 3.5 WESTIPILPIROM Pal paint of bepageg P.T.-point of tangency SPH sd+alt L•Ape LeNfiTH C1C,•effort eq \I --- �•drabape easen.nt ■•not field neaared U/ •nanhole CL•e.nterUne CIM}.. e, .steal netts pt. VW•goad ry Pence U/E•&ob, f neat P.C. •k,t 00. CALL,•calculated —————I L.B.•Acm�ddbushand surveyor ELEV•Nevadan P�J7Jl�dnaY�lhk Iona P.C.•Paint of nrwtve •CO pernnMrlt rgF•PeRCe fCMMM EAST LINE TRACT R .....14 CERTIFIED CERTIFIEDTo: Marla,air _, i Ll/DIM, '6 SOUTH LINE TRACT R • 801 S.E.61h Ave.,Suite 203 Phone 5e1-243-4824 Delray Beech,Fl 33483 Fax 243-4889 FOUND R UNNUMBERED AU01.1 TIt5LNItilE1B8504 III FL0O0 HSVA NOT VAUD BAMBOO ANE 1 EB•AP• E SKETCH• ND LMAPNIGvqpIC q3L FSF PRAM SET : UNLESS SEALED 20' ENT HSE-•:�•an-052,FL• •MI ='•-.TIVE IMP COM to-9- 11 WITH EMBOSSED P -:UANT I'-- lam.'',.077, nnA BTA CD H A `< - DAM -7-Zyo g -SURVEYOR'S SEAL loBMn 8-Z4 • /�I' - b4 :trc-_:PISsO:1t—; 74alteiD, _ / _ 2 a ea oD V1 Iidodo_ - m LAND /� I LANOEOA►E AEONITEOTYEE A OW �� II II'' 1 1 1Iiiiiihill 1 I I o -1,m 1 441/114111111 / Ill i � `ice+"j I i ilii_ Carol B° ar°"0 _ - orc.ae 1120 Perezon•MS 11)/I i 1. •1,1N-0sa0 !�- 111.. -����:�-���� � /�— , -iiiiiik' % SEE ENLARGEMENTS FENCE EXAMPLE PHOTO ,,��� / L MI r NT.rw•on 43434343434 MOW MSC i�A<. 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(.v,:E.w"EERNG•LA.OP_aa..o ACC ABSTRACT VOC.fAA91 R a tAM,ECAPE ARCHITECTURE•&F tv. 0000((((O00Oa0!! v _ 3 / 9:A w PAEMEI TO PAW ROA,•&ATE,ICA AIWA..a.n I.A.CAK/PAWN, ' ' a ALTA/AGSM LAND TITLE SURVEY 'S IOCA RAI..RCRIDA 3x33 —_ I C HAEOJvi-,V9.i FAA ISE:1Y:1,1 RE N4QRS WE BY ! 11111111111111111111111111 P „„,„„!„#!„, . 1 ft 7: lir'77 V4' I 1 illr PPOP:0100104001 • T b :1 l ` 21!e i_fl! ) rtri n . 1 161. v irli, . n i.... . . .. „,7,.., „,1.1.2 , i 1 ' 100 IR gp I 1 ghl 1 11111111121 1111 _ 1 - - � — - - - - T - - - i- - MATCH LINE � I . i ci IiIE 1( '"' EII 1 1 Ni aaim 1 51 ` I 1h' -� m I d I 1 1 Em-11 ,I aim , Isi 1.1 i i ' ® czim a i 1'' 1} ' R iii ! 1—T I A ' .-...71-5.'. 16,. % 70: 1 i i 1. P 44.1. L.J ... ....?": 4 , 1 i .4......., 1 0.0.1 g f 8-5i0 K § i g 2 f $ I o <, i ilg g AV 3037E'OSLL 1 i 30.,, I NZ...R \_•�.... u.o. n"r w,"a 0 A S T WA wu n..�„`"� "a ry^� a o.r., T R Y a� !PPP I!Ii! iiii!I =i1 ifdi xi ” 1 SR � F Y ,� i4; v _ 1 i f S 'yY'� ■ P � " 1A 4141 !Ili :F 1 ? PIIII AS i01aI g G8 0 / ! 1 3 { A" „l7� g11 gall b 1 gay E `ga i '4 € l:' x 1 Q A 1;- d€ r b P1610X 111211;451°2111111 4,,I)ix 1 for 1$ 104 c}� $4Q ' m 3 S 7 2 gill . 1 'gr 14 (, rA. Xi X -A rn ' ' gt&- lUgull Ag0 40t44114,11 1 ii; i 'I 1 04 1 m�sc aanrr�cwnw i�°�" :� Tr y.,R,�v � a a m STs ESTANCIA AT BOYNTON BEACH, P.U.D. CAULFIELDWHEELER.INC w.m ono two tNo N 8rZi wlO T(T .m+"`r.,c ar*r"'''us ra»."T ...�T �o. : q r, — D )SOYM P/LIETTO PM1l ROAD-.EWE toe .[MY BOIYO"Ar � 1 { ,. Y•i p ALTA/AGSM LAND PILE SURVEY ex."'*-'"naaaw- ,�wa,,,,< „",T P, EXHIBIT "D" Conditions of Approval Project Name: Estancia at Boynton Beach File number: MSPM-2025.07.4717, ZNCV 2025.07.4717 Reference: February 17, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Grading shall be sloped so as to drain away from building structures, drain along & within property line or common drainage X facilities in expressed drainage easements, and prevent runoff onto any adjacent privately held property. 2. The contractor shall make every effort during construction to control wind and water erosion of the soil on site and not cause damage to adjoining properties. Should the site become excessively dry, and wind and soil erosion becomes prevalent and/or a nuisance, the X contractor shall water and/or seed and mulch the area and provide erosion control fencing as necessary. Contractor shall provide runoff and sediment protection around existing drainage inlets. PLANNING AND ZONING Comments: 3. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning &Zoning Division one (1) week prior to the first public hearing. 4. Approval of the Major Site Plan Modification (MSPM 2025.07.4717) is contingent upon approval of the accompanying request for a X Variance (ZNCV 2025.07.4717). 5. The subject property shall obtain all required governmental approvals prior to the installation of any walls or fences, pursuant to Chapter 3, Article V. Section 2. Walls and Fences and Chapter X 4, Article III. Exterior Building and Site Design Standards of the City's Land Development Regulations (LDR). 6. A building permit application for the fence shall be submitted within thirty (30) days of approval of this Major Development Application, and the fence shall be installed within thirty (30) days X of the building permit application approval. 3200 Estancia Ln (MSPM, ZNCV 2025.07.4717) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT 7. The fence shall only be erected on the lot of the applicant and not protrude or extend outside the property line or into a public right- X of-way. 8. The applicant shall install a fence decorative in appearance where every two (2) fence panels or sixteen (16) feet of fence must be interrupted by decorative columns or posts, visible from the exterior of the property, and topped with decorative capitals to avoid an expansive monolithic or monotonous appearance, pursuant to Chapter 4, Article III. Exterior Building and Site Design X Standards of the City's Land Development Regulations (LDR). This requirement will not be satisfied by the reversing of the fence material to place the unfinished side out exposing the four (4) inch by four (4) inch posts and crossmembers to the exterior. 9. Unobstructed cross-visibility shall be maintained in the safe-sight triangle as it pertains to the adjacent property's driveway. X 10. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c.(2), Landscape Design and Buffering Standards of the Land Development Regulations, the project shall provide one (1) tree X spaced every thirty (30) linear feet on center; and a continuous hedge of three (3) feet in height located on the outside of buffer wall. 11. Any trees or palms that will be removed or relocated shall be mitigated pursuant to Chapter 4, Article I, Environmental Protection Standards of the City's Land Development Regulations (LDR). A landscaping / landscaping (tree removal) application will X be required along with a landscape plan, mitigation plan, tree survey, and/or any other plan as deemed necessary. 12. Pursuant Chapter 4, Article II, Section 4.A.10, Landscaping within Easements, all easement locations and specific types of easement (e.g. landscape easement and sewer easement) shall be identified on the landscape plan. Easements may overlap a required X landscape strip or perimeter buffer by a maximum of five (5) feet. Additionally, identify on the landscape plan the location of proposed trees measured in feet. 13. Pursuant to Part III, Chapter 4, Article VII, Exterior Lighting Standards of the Land Development Regulations, light fixtures X must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. POLICE Comments: I 3200 Estancia Ln (MSPM, ZNCV 2025.07.4717) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 14. Ensure fencing is well lit, especially around gates or areas that X might otherwise be shadowed. 15. Keep shrubs low (below 3 feet) and tree canopies high (above 6 feet) to maintain visibility along the fence line. Avoid dense X plantings next to fence that could provide cover for unauthorized persons. 16. Consider security cameras to cover both sides of the fence. X BUILDING Comments: 17. Erect the fence two (2) feet away from the property line to ensure adjacent property has access for maintenance or other work. Fence X maintenance shall be the responsibility of the owner of the subject- property. FIRE Comments: None X CITY COMMISSION CONDITIONS Comments: X