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Minutes 06-20-94 HINUTES - BOARD OF ADJUSTHENT HEETING ~ BOYNTON BEACH, FLORIDA JUNE 20, 1994 NEW PETITIONS: Chairman Thompson explained to all present that any three (3) negative votes would deny a request. Five (5) affirmative votes are required to approve a request. Once a decision is made by the Board, the only recourse is through the courts. An applicant can reapply for the same request after one year. 1. C~$e #185 3030 SW 13~h P18ce Agent: Efrem Pesyna Request: The applicant is requesting to reduce the required twenty (20) feet rear setback to 19.65 feet. Mr. Miriana read the application wherein the applicant requests the reduction in the required rear setback of twenty (20) feet to 19.65 feet. He also read the statement of special conditions for the request. The responses from the appli- cant are as follows: A. This building was built in the mid-80s and encroaches by .35 feet on the rear setback at the southeast corner. B. The applicant bought this property with this condition existing. C. Granting this variance will not involve any special privileges not open to any other applicant in the same situation. D. This chapter's interpretation only involves a .35 feet encroach- ment on the rear setback and only presents a potential problem in future real estate transactions. E. This is the minimum variance requested because it is an existing condition. F. Granting this variance will only bring this existing condition into compliance with current requirements and will not be injurious to the area. At this point in the meeting, Attorney Frank administered the oath to all who would be testifying during this meeting. Efrem Pesyna, 651 SE 15th Avenue~ was present and explained that this request is to correct a 3~" oversight on the construction of the building. This discrep- ancy was discovered approximately one year ago during the title search transfer of the property. In response to Chairman Thompson's question, Mr. Haag stated this is an existing building. Mr. Haag believes this error was an oversight at the time of the final Certificate of Occupancy. Normally, a final survey is required, and that is when such discrepancies would be discovered. Apparently, in this case, the error was overlooked. THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS REQUEST. - 2 - HINUTE$ - BOARD OF ADJUSTMENT HEETING , BOYNTOH BEACH, FLORIDA ~IUNE 20, 1994 Mr. Miriana feels that the numbers involved are so slight that granting a variance in this particular case is just a formality. Notlon Mr. Berman moved to grant the request. Mr. Sechter seconded the motion. The Recording Secretary polled the vote. The vote was 6-0 to GRANT the variance. 2. Case #194 llB HW4th Street Property Owner: Helen K. Tultos Request: Applicant requests to reduce the required twenty- five (25) feet front setback to 20.3 feet on the west frontage and 16.7 feet on the north frontage of the subject corner lot. Mr. Miriana read the application. The developed site is a single-family resi- dence located at the northeast corner of NW 4th Street and NW 1st Avenue. The Code specifies that both sides of the corner lot that face a street shall comply with the required twenty-five foot setback. The existing structure is 20.0 feet from the north property line (NW 1st Avenue frontage). This setback does not comply with the required twenty-five foot setback. The applicant is proposing to install a wood frame knee wall on top of the existing concrete block privacy wall located on the north side of the building. Corrugated lexan roof material is proposed to be attached to wood rafters that connect the knee wall to the building. The covered area is approximately 9'W x 24'L, and will be 16.7 feet from the north property line. A similar structure is proposed for the west side of the building (NW 4th Street frontage). The walls of this structure will consist of wood lattice and the roof will be exposed rafters without the lexan top. The area is approximately 9'W x 14'L, and will be 20.3 feet from the west property line. The two struc- tures and their associated setbacks are the subject of the requested variance. Helen Tullo$, 118 HW4th Street~ explained that the reason for her request is to gain privacy. Her property is surrounded by the Holiday Inn. Any time anyone drives up to the entrance of the Holiday Inn, they have a clear view into her backyard. Chairman Thompson read a letter from Mrs. Tullos dated April 28, 1994, wherein she states the following: A. "My property begins and ends facing the Holiday Inn, with four floors overlooking my house and front and back yard, pool. The entrance of the Holiday Inn is higher than my yard, so when people arriving and leaving can look into my yard..front and back." B. "Had no control over the building of the Holiday Inn." C."The Holiday Inn does not over look any other property on my street..I am the corner lots facing the Holiday Inn." D. "I would just like some privacy...that's why I want to add lattice to top of excessing CBS wall...the rest of the - 3 - NINUTE$ - BOARD OF ADJUSTt4ENT NEi:TING ~ BOYNTON BEACH, FLORIDA JUNE 20, 1994 fence is wooden and s more than 25' from line...all other fences will be 25' o more from line." E. "I just want variance for the front and along the top of CBS wall...it will be lattice for flowers to grow on." F. "All work will be cod~...will add to value of my home. She further states, "How would you like the feeling that strangers are watching you all hours of the day and night, 7 days a week." In response to a question from Mr. Steinhart, Ms. Tullos stated she has lived in this home for eight years, and the situation with Holiday Inn was the same then as it is now. However, at that time, she had no money to do anything about it. Chairman Thompson confirmed with Mrs. Tullos that if the variance is granted, there will be trusses which will come off the house to the top of the fence. Mr. Haag stated this will then become a permanent structure. Chairman Thompson pointed out that tying the house and the wall together is a violation. Mr. Haag explained that this is the reason for the reduction in setback because that area could be turned into livable area. Mrs. Tullos stated that she does not intend to do that. Chairman Thompson explained that such a situation could arise in the future if the variance is granted. Mr. Haag said the variance could be conditioned so that it cannot be turned into livable area. In response to Mr. Sechter's question, Mrs. Tullos stated she believed the house existed prior to the building of the Holiday Inn. The house was built in 1952. Mr. Miriana expressed the same concern which was raised by Chairman Thompson that once the variance is granted, it can become a livable area. Furthermore, he pointed out that the structure is already in place. He questioned how this structure was built. Mrs. Tullos said it was built without permits and that is now the reason why she needs the variance. Mr. Miriana stated he does not like the structure as it now stands. Mrs. Tullos said she is remodeling the entire house. She is putting in new landscaping and sidewalks. A new pool has already been put in place and she would like to finish the house. Mr. Steinhart questioned how the decision was made to use lattice work and overhangs for screening purposes rather than vegetation, Mrs. Tullo$ said she is planting Bougainvillea which will grow up onto the lattice work. Chairman Thompson reminded the members that Mrs. Tullos was requesting two set- backs. Vice Chairman Uleck explained that Mrs. Tullos needs both variances in order to put up the wall. Mr. Haag said there is only one section of the Code which deals with the setback for frontal property. The Board has the option of dealing with this request by two motions. The applicant had no preference regarding how the Board dealt with the motion. THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS REQUEST. -4- MINUTES - BOARD OF ADJUSTMENT MEETIHG BOYNTON BEACH, FLORIDA JUNE 20, 1994 Chairman Thompson announced that one piece of correspondence was received in opposition of this request from Valene Brooks, 434 NW 1st Avenue, Boynton Beach. (A copy of this correspondence is on file in the City Clerk's Office.) Ms. Brooks' correspondence stated that two apartments occupy the space on the north side of this house. In response to Chairman Thompson's question, Mr. Haag explained that he only received this correspondence this afternoon, and had not had an opportunity to do any research. He is not certain Ms. Brooks is referring to this property or an abutting property. Mr. Haag said a garage was built in 1989 on the property to the south. It was permitted under Permit #89-4617. He is not aware of the two apartments mentioned by Ms. Brooks, but such a complaint would be handled by the Code Enforcement Division. Attorney Frank explained that if the building is in violation, it would be a Code Enforcement Division matter. It would be cited and brought before the Code Enforcement Board for a hearing. The variance is only with respect to setbacks, not with regard to how the property can be used. Vice Chairman Uleck reminded the members that Mrs. Tullos is requesting vari- ances on the frontage and the dimensions of the wall. This home was built many years before the Holiday Inn was built. He feels sorry for her because her property is very visible from the Holiday Inn. He feels she should be granted this variance because it will not hurt anyone or the appearance of the com- munity. While Mr. Steinhart is in favor of privacy, he believes there are other ways to deal with this situation. He is opposed to setting a precedent of going along with variances whenever someone feels the Codes do not fit into their schedules. Mr. Sechter feels the applicant purchased the home prior to the building of the Holiday Inn, and she is now living in a fishbowl. He would like to do whatever is possible to help her correct this since it was not her fault. Mr. Steinhart stated that Mrs. Tullos purchased the home eight years ago. The Holiday Inn was already in that location, and she had to be aware of the situation at that point. There are other ways to screen off this property without building another structure. Chairman Thompson said the purpose of the Board is to grant variances when there is a hardship. It is the property owner's responsibility to check out the prop- erty when making the purchase; however, a variance is granted on the property, not on the owner. In his opinion, that house was built long before Holiday Inn was built. Mrs. Tullos does not have a self-imposed hardship. Holiday Inn imposes the hardship. Chairman Thompson's major concern was with the fact that Mrs. Tullos started construction without a permit. Vice Chairman Uleck also feels Mrs. Tullos has a hardship. Mr. Miriana expressed concern that this construction was done without a permit. The wall is in place and contains a knee wall and a corrugated plastic roof. - 5 NINUTE$ - BOARD OF AD~IUSTNENT NEETING BOYNTON BEACH, FLORIDA ~IUNE 20, 1994 Hotlon Vice Chairman Uleck moved to grant the request from 25 feet to 20.3 feet and the other one for 16.7 feet to the north. Chairman Thompson questioned whether or not Vice Chairman Uleck would consider any stipulations. Vice Chairman Uleck responded negatively. The Recording Secretary polled the vote. The motion to grant the variance FAILED 2-4. (Chairman Thompson and Messrs. Miriana, Steinhart and Berman cast the dissenting votes.) Chairman Thompson said he would not support this variance because this structure could be turned into living quarters in the future. Mrs. Tullos asked if the Board could include a condition that this structure not be enclosed. Attorney Frank pointed out that three members denied the request outright; therefore, another motion was not in order. 3. Case #195 3300 $ou~h Seacrest Boulevard Property Owner: St. Joseph's Episcopal Church and School Request: Applicant requests to increase the twenty-five feet maximum building height to thirty-one (31) feet in connection with the proposed construc- tion of a gymnasium. Mr. Miriana read the application. The analysis of this request explains that Mr. James Ballerano, Jr., agent for St. Joseph's Episcopal Church and School, is requesting the Board to consider an exception to the Zoning Code. The project is in the R1-AAB zoning district, and is located at 3300 South Seacrest Boulevard. The proposed gynasium is a 13,272 square foot rectangular building located approximately 400 feet east of Seacrest Boulevard. The long side of the building (approximately 155 feet) faces Seacrest Boulevard. The Zoning Code specifies 25 feet as the maximum height for structures located in the R1-AAB zoning district. The elevations identified on the survey depict as much as a seven (7) foot difference in the existing grade at the site in the area of the proposed gymnasium. The elevation of the existing parking area, located directly west of the proposed gymnasium, is approximately twenty-nine (29) feet, and the elevation of the play field area east of the proposed gym is approximately twenty-two (22) feet. The overall height of a structure is the distance from the average level of the finished surface of the ground adjacent to the exterior walls of the structure to the highest point of the structure. From the grades identified on the eleva- tion view drawings, 26.066 feet is the combined average finish grade for each side of the proposed building. The elevation view drawings also indicate 56.070 feet is the elevation of the highest point of the structure. The overall height of the building is 30.004 feet, which is the difference between 56.070 (highest point of the building) and 26.066, the computed average finish grade adjacent to the exterior walls of the building. The six (6) foot difference between the maximum allowed height of twenty-five (25) feet and the computed overall height of thirty-one (31) feet (rounded up from 30.004) is the subject of the requested variance. -6- MINUTES - BOARD OF ADOUSTNENT MEETING BOYNTON BEACH, FLORIDA ~IUNE 20, 1994 Mr. Miriana also read the applicant's response to the special conditions for a variance. A copy of Mr. Dalton's letter to the Board of Adjustment dated May 4, 1994, providing the responses, is attached to the original copy of these minutes on file in the City Clerk's Office. James Ballerano~ ,lt.. agent for St. Joseph's Episcopal Church and School~ 3300 South Seacrest Boulevard~ was present. He displayed a colored rendering to show that the purpose of the variance is to add an architectural feature by way of the decorative gables. The existing structures on this property all have gabled roofs and the new classroom structure is being tied in architecturally by the addition of the gables. Without the gables, the gymnasium would look like a box. The gymnasium has a perimeter of approximately 485 feet. These two seventeen {17} foot gables require a variance because of the peaks. This is a peculiar situation because there is a seven {7} foot grade differential. This building will be built on an existing slope. In determining the height of the building, a mean number was chosen from which the various heights were taken. Mr. Ballerano stated that the applicant meets all of the criteria required for the granting of a variance. He added that the highest point of the tallest gable on the gymnasium would still be less than the height of the existing steeple on the church on the same site. Chairman Thompson questioned whether or not the gym roof meets Code. Mr. 8allerano responded affirmatively and stated the variance is only for the two gables. Chairman Thompson asked Mr. Haag to explain how the height was measured. Mr. Haag explained that the average elevation around the outside walls of the building is subtracted from the overall height of the structure. That deter- mines whether or not the structure meets the height requirements for the zoning district. This zoning district has a height limit of twenty-five (25) feet. Chairman Thompson stated that the church Mr. Ballerano referred to sits at the down slope of the crown of Seacrest. That is why they were permitted to put up a steeple. Mr. Haag did not know what process was used when the church received permission for the steeple. Mr. Ballerano stated that the church Chairman Thompson was referring to is not the church he referred to. The church he referred to was built in 1957, and it sits on the high side of the site. Chairman Thompson realized that he had not been referring to St. Joseph's. THERE WAS NO ONE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS REQUEST. Mr. Miriana had no objection to allowing the variance, and feels the construc- tion of this building would be an asset to the community. Vice Chairman Uleck expressed confusion over the figures listed on the eleva- tions which were included in the back-up material. Using the colored rendering, Mr. Haag was able to clarify that the two peaks on the south elevation are 50.73' from ground zero. That ground slopes dramatically. The average slope was used to compute the building height. -7 HINUTE$ - BOARD OF ADJUSTMENT HEETING BOYNTON BEACH, FLORIDA JUNE 20, 1994 Mr. Ballerano explained that the applicant worked with staff in arriving at the ultimate configuration of the numbers. Although there are four gables shown, only two are in question· ~otlon Mr. Steinhart moved to grant the request. Mr. Miriana seconded the motion. The Recording Secretary polled the vote. The vote was 6-0 to GRANT the request. 4. Case #196 2309 North Congress Avenue Property Owner: Post Landing Request: Applicant requests to increase the four (4) feet maximum fence height to six (6) feet for the purpose of installing a fence along a portion of the Congress Avenue frontage between the front line and building line of the subject property. Mr. Miriana read the analysis wherein Mr. Lew Peters, agent for Post Landing Ltd., requests the Board to consider an exception to the Zoning Code. The owners are planning to install a six (6) foot high fence along the majority of the Congress Avenue frontage of the project. The Zoning Code specifies that a fence located between the front property line and the front building line shall have a maximum height of four (4) feet. Drawings which were submitted depict specific areas along the Congress Avenue frontage where the six (6) feet high fence will be placed in an area where the maximum allowed height is four (4) feet. The length of the fence that does not comply with height limitation and is the subject of the requested variance is approximately 202 feet. Mr. Miriana also read Post Management's letter to the Board of Adjustment dated January 25, 1994, wherein they state their responses to the special conditions for granting a variance. (A copy of this letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Lew Peters, 4788 Kirk Road, Lake Worth, Florida, advised that the applicant is seeking this variance )~ conjunction with the installation of an access gate These access gates are being installed in an attempt to cut down on crime in the a rea. In most cases, the fence was put behind the forty (40) foot line. However, in other cases, the fence wi]] be too close to the buildings and the residents feel they are boxed in. Further, most of the people who walk in these areas want to enjoy the landscaping. Management does not want the fence viewed from the road, and they do not want the residents to be able to view it either. Mr. Peters displayed photos of the areas in question and pointed out that the fences would not be seen from the street. Mr. Sechter questioned whether or not the fence would be visible from Congress Avenue. Mr. Peters responded negatively, and stated that the landscaping will cover the fencing. Post Landing has won awards for their landscaping and they take pride in the beauty of the development. Mr. Peters also confirmed for Mr. Miriana that there would be enough shrubbery in front of the fence to hide it f rom v iew. - 8 - HINUTE$ - BOARD OF ADJUSTHENT HEETING BOYNTON BEACH, FLORIDA JUNE 20, 1994 Mr. Sechter inquired as to the distance of this fence to the nearest building. Mr. Peters explained that it is approximately seven or eight feet in some areas and a little bit further away in other areas. Mr. Peters stated that Post Landing abuts Mahogany Bay. There is an existing six foot fence in place which separates the two properties. Chairman Thompson pointed out that the Board members must be very careful not to set a precedent with this case since there is no other apartment complex in the City of Boynton with a six foot fence on its frontage. Mr. Steinhart questioned whether or not the fence could be moved back so that it would meet the setback requirements. Mr. Peters said that moving the fencing back would take away from the landscaping. The fence would then be visible by the residents. Their request for the variance is an attempt to find a happy medium. They are requesting the six (6) foot fence so that it becomes more dif- ficult for vandals to jump over it. They have already received their permit for the access gate system. The installation of this fence is in conjunction with that system. Mr. Steinhart pointed out that the Board must consider how the granting of this variance will impact other apartment buildings. It is conceivable that one of them may come in with the same request, and a precedent will have been set. Oebble O'Connell~ 1441 Indian Road, Lake Clark Shore$~ is the property ~entative for Post ~ng. Sh~ ~-~i~ ~ concern is for the residents. This is a unique community because the residents are concerned with what people view from the street as well as what they view from on the property. This has been a very successful property. The residents do not want to feel confined in any way. The proposed plan calls for the fencing to be buried into the land- scaping as much as possible. As time goes by, the fencing will be invisible. The variance request is for the three areas where the fencing would get a little too close to the buildings. The residents have very successful Crime Watch meetings. Because of the recent increase in crime in the area, the residents feel a four foot fence does not meet their needs. A six foot fence will provide more of a barrier and will be more difficult to jump over. Although the gate access system is being installed, once a person is in the community, he can steal a car and drive out. It is important to deter entrance to the community. THERE WAS NO ONE ELSE PRESENT TO SPEAK IN FAVOR OR OPPOSITION OF THIS REQUEST. Mr. Miriana reminded everyone present that this Board has never granted a variance for this type of request. He pointed out that shrubbery grown to six feet should serve the same purpose as the six foot fence. Mr. Sechter stated that in his development, they have put up fences in pre- ference to thorned bushes because of the lawsuits which might result from people who try to break through the bushes and get injured. Chairman Thompson said this Code applies to each home in the City of Boynton Beach. The requirement is that the fencing may not be higher than four feet. He feels the Board will be setting a precedent by granting this variance. - 9 - HINUTES - BOARD OF ADJUSTHENTHEETING , BOYNTON BEACH, FLORIDA JUNE 20, 1994 Again, Mr. Steinhart pointed out that his greatest concern with this request is setting a precedent. If a building is in the way, then that might shed a dif- ferent light on the request. Mr. Steinhart feels the only reason the applicant is not moving the fence back is to get more room for the residents within the development. In his opinion, this is not the proper reason for granting a variance which could affect all of the property owners in the City. ~ · Ho~:l on Mr. Miriana moved to deny the application. Mr. Steinhart seconded the motion. The Recording Secretary polled the vote. The vote was 5-1 to DENY the request. (Mr. Sechter cast the dissenting vote.) OTHER BUSINESS None ADJOURNNENT There being no further business to come before the Board of Adjustment, the meeting properly adjourned at 9:05 p.m. ~Tanet M. prainito Recording Secretary (Two Tapes) E×H'IBIT-"A" THE /~ILORD COMPANY CONTRACTORS ~ ENGINEERS 9gO1 SOUTH INDUSTRIAL DRIVE BRIDGEVIEW~ ILLINOIS 60455 TELEPHONE:598'?900 AREA CODE 708 FA3( 598-7991 May 4, 1994 City of Boynton Beach Board of Adjustment 100 East Boynton Beach Boynton Beach, Florida 33425 Re: St. Joseph Episcopal Church and School 3300 South Seal Crest Boulevard Boynton Beach, Florida Dear Board Members: St. Joseph's is proposing to construct two new buildings on their existing site. The existing site contains 14.68 or 639,490 s.f. The classroom building (building No. 10 on the site plan) is the smaller of the two buildings and will be built to existing zoning requirements without any exceptions. However, we are requesting a variance from the building height limitation of 25'-0" for the gymnasium building (building No. 9 on the site plan). This variance is requested so that the decorative gable walls on the east elevation may be a part of the building. The proposed gymnasium average building height is 24.6' above grade, except for these decorative gables. The following are the responses to questions 5A through F on the attached application. A) Schools and churches are a conditional use in this R-IAAB District. By design function, gymnasiums require higher ceilings to allow the playing of interior sports such as basketball, volleyball, etc., which require an interior clear height of 22'-0" to 24'-0". Existing zoning in this District allows buildings to be an average of only 25'-0" in height from the finish grade around the building. In addition, this building will be constructed on a sloped parcel of land where the grade varies approximately 9.5' from EL. + 30.75 at the south elevation to EL. + 21.25 at the east elevation. The north and west grade elevations fall within these points. Land with slopes of this degree are very uncommon in Boynton Beach. , We are requesting that two decorative gable walls, each approximately 17'-0" long, be allowed on the east or main elevation. The peak of this wall would extend approximately 6'-0" higher than the building parapet wall which is at elevation 9 City of Boynton Beach Board of Adjustment May 4, 1994 Page 2 50.73' (Note: the grade elevation at the east side is the lowest at 21.25'; this results in the peak of the gable being 3.5.48' above grade.) The building height on the sohth elevation is 19.94'. The average building height on the west elevation is 20.6'. The average building height on the north elevation is 27.41' If we average all four sides (excluding the gable walls), the building would be 24.6' in height, which meets the present zoning requirement (see attached work sheets for actual grade and building profiles). We feel that the decorative gable walls are a critical design element in tying this building to the proposed classroom building and the other buildings on the site which have gable or pitch roofs. It is our opinion that these gables are similar to decorative domes or cupolas'which are allowed above the district height limitation when approved by the City. B) The special conditions and circumstances do not result from the actions of the applicant. The minimum height requirements for playing basketball, etc., are standard for all gymnasiums. This request is being made in an attempt to create a more aesthetically pleasing building for both the school and City. C) Granting the variance request will not confer the applicant any special privilege that is denied to other lands, buildings or structures in the same zoning district. Note that the school is a conditional use in this zoning district. D) Literal interpretations of the provision of the zoning ordinance would deprive St. Joseph's of the ability to create an aesthetically pleasing gymnasium addition to their school. Requiring a gymnas!um with a building height in accordance with the literal language of the zoning ordinance would cause unnecessary and undue hardship on the school. In addition, the decorative gables are an architectural element helping to meet one of the CitY's Type III Modern design district requirements. E) The variance requested is the minimum variance that would make possible the reasonable use of the building as an aesthetically pleasing gymnasium: F) The granting of the variance will assist the school in creating the architectural - harmony with which the City is concerned. The gymnasiu ,m is near the center of the school's site and will be the focal point as people drive past or enter the site. City of Boynton Beach Board of Adjustment May 4, 1994 Page 3 Granting the variance will in no way be injurious to the area involved or otherwise detrimental to the public welfare. Indeed, the general intent and purpose of the zoning ordinance which allows schools and churches as conditional uses within residential districts must have contemplated the special requirements of schools such as gymnasiums, etc. We are enclosing copies of the elevations for both buildings to show how the decorative gable walls are a design element featured on both buildings. We hope it is apparent that the two gable decorative walls on the east elevation are the element that help unify the project. Sincerely, R. T. MILORD COMPANY , Project Architect JRD:ba Enclosure EXHIBIT "A" Pcst Management A Divisic~ of Post Propert~s, mc. 3350 Cumberl~d Ckde Sui~O0 January 25, 1994 Afl~ Geo~a 3~°3363 ~4~50-~ F~ N~ 404-956-I033 City of Boynton Beach Board of Adjustment Post Landing is requesting an exception to the 4' high fence restriction. We would like to install a 6' high black vinyl chain link fence in a manner so as to detract as little as possible from the beauty of the property. In answer to number 5 on the application for a variance: A. Post Landing is an upscale apartment community consisting of 192 apartments and bordering on busy Congress Ave. Our residents are demanding increased ,,peace of mind" due to the high visibility of crime coverage in newspapers and on television. We are in the process of getting a permit to install a controlled access gate system. For the system to be effective we will need a barrier normally too high to climb over or leap over such as a 4' fence. B. We are acting on our resident's behalf in the construction of the controlled access system and fencing of the property so as to bettez provide peace of mind for themselves, and to provide a higher degree of protection for personal property (cars') while in the parking areas at night. C. Granting of this request will not confer permission for any other property, buildings or structures. D. If we have to inset the fence as far back as the building setback line, residents will not have full enjoyment of the property and it would defeat our purpose of letting residents have full enjoyment of the property and yet controlled access. E. We feel a 6' fence is the minimum possible height for the gate installation system to be effective. F. Post Landing will install the fence in harmony with the land and behind the thick wall of landscaping at the frontage so as to not detract from the beauty of the area'or be detrimental to the public welfare. Post Landing (Boynton) Ltd.