444 SW 7th Court 07-004
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
444 SW 7th Court (Di Nizo Fence Variance)
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT:
Philip and Dorothy Di Nizo
APPLICANT'S ADDRESS:
655 Riviera Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4.J.1., limiting a fence to a
maximum height of four (4) feet along both road frontages on a corner
lot when fence is located in front of the building line, to allow a 2-foot
variance, and a six (6) foot high fence on property in the R-1-A zoning
district.
LOCATION OF PROPERTY: 444 SW 7'h Court, Boynton Beach, FL / Lot 17 Fern Ridge Subdivision
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
7.
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applic9))t
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief 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 "E" with notation "Included".
4.
The Applicg.r::lt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
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
and conditions of this order.
Other:
~m.
City Clerk
DATED: Cj -c!) I - 0 7
S:\Planning\SHAREDlWP\PROJECTS\444 SW 7th Court (Oi Nizo)\OO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 444 SW th Ct / Di Nizo Fence Variance
File number: ZNCV 07-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
P 2 f2
age 0
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I I
I To be determined. ~ I
S:\Planning\SHARED\WP\PROJECTS\444 SW 7"' Ct (Di Nizo)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Exhibit "A" - Site Location Map
444 SW 7th Ct
o 62.5 125
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250
375
500
I Feet
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s
Certified To: Philip T. Di Nizo Jr. and Dorothy M. Di Nizo, husband and wife;
Stella Suarez-Rita, PL; Attorneys' Title Insurance Fund, Inc.
Property Address: 444 SW 7th Court, Boynton Beach, FL .
Flood Zone: C (FIRM 120196 0003C 9-30-82)
Description:
Lot 17, FERN RIDGE, according to the Plat thereof as recorded in Plat Book 26,
Page 115, of the Public Records of Palm Beach County, Florida.
Permit No. .,-., - ~C(
REVIEWED BY ~
Structural
Electrical
Plumbing
Mechanical
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~ Area not in Compliance with Fence Height
ru&Yr.y NOTES,
\) THIS SURVEY IS NOT TO BE USED roR CONSTRUCTION OR DESIGN PURPOSES.
e) Lo.nds shown hereon wer, not o.bstro.c:ted by this oHIc:e for eo.se"ents,
rlght-of-wo.ys, or other'lnstruMents of rec:ord.
3) No underground IMpro"eM,nts loco.ted unless shown.
4) All beo.rlngs o.nd dlsto.nce5 5hown hereon ore plot and Measured unless
otherwise noted.
5) Unless It beors the slgn"ture o.nd the Drlglnol ro.lsed seo.l of 0 flor-Ida
licenses sur-"eyor- o.nd MlIPper, this Mop/report Is for Infor...atlDnal purposes
only Dnd Is not "Dlld.
6) This flr-,.,s 'Certlflc:o.te 0' Authorization. nUf'lber Is 'LIl 6838'.
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EXHIBIT "D"
Applicant's Justification for Variance Request
(Response to Criteria A-G)
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 fence was already on the property when we purchased the house.
B. That the special conditions and circumstances do not result from the actions of the applicant
The fence was already on the property when we purchased the house.
C That granting the variance requested will not confer on the applicant any special privilege that
is denied by this ordinance to other lands, buildings, or structures in the same zoning district.
There are several corner properties in the immediate area with the same 6 foot fences plus
corner properties with hedges from 6 to 10 feet as shown on the pictures enclosed.
D. That literal interpretation of the provisions of this 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
Yes, other properties have 6 foot fences or hedges higher than 6 feet on corner lots.
E That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
Sitting in our back yard without looking at a 12 foot yellow cement wall as shown in picture
labeled #1. Reasonable use for privacy. Hardship, I am sure it would be almost impossible to
sell our house, should we decide to do so in the future, without the privacy of the fence.
F. That the grant of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The fence is not an obstruction on either side as it is approximately 30 feet from the road on
the north side and approximately 15 feet back from the road on the west side.
G. Variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming.
Applicant shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
This criterion does not apply as the variance request is for fence height, not lot area or
frontage requirements.