REVIEW COMMENTS
7.A.2
VIA LUGANO - MELEAR PUD
ZONING CODE VARIANCE
Meeting
Date:
Petition:
File No:
Location:
Owner:
Project
Name:
Variance
Request:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-564
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
December 1, 1997
Case No. 242
ZNCV 97-008
Southwest corner of Sandalwood Drive and Congress Avenue
Gene & Glick Management
P.A.C. Land Development Co. - contract purchaser
Via Lugano
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Section 4.J.1, to allow for construction of five (5)
foot high decorative fence and column sections within the 40 foot front yard
setback at a setback of 23 feet 11 inches.
BACKGROUND
The subject property, the proposed Via Lugano apartment complex, is a multifamily
portion of the Melear PUD, located on the southwest corner of Sandalwood Drive and
Congress Avenue, see Exhibit "A" - Location Map. The property is zoned PUD
(residential).
The proposed fence is located along Congress Avenue and Sandalwood Drive, the north
east boundaries of the newly proposed Via Lugano, multi-family residential development,
see Exhibit "B" - Site Plan and Exhibit "C" - Survey. The height of the aluminum picket
fence is 5 feet 7 1/2 inches and the intermediate finials are 7 feet 4 3/8 inches high, see
Exhibit "D" - fence design. Since the Congress Avenue side of the property was
determined to be the front of the property and the code prohibits fences higher than four
(4) feet in residential zoning districts, a zoning variance application was filed with the City,
see Exhibit "E" - Application.
I
Page 2
Memorandum No. 97-564
Via Lugano - fence
Case No. 242 -staff report
The following is a description of the zoning districts and land uses of the properties that
surround the subject property:
North -
Sandalwood Drive right-of-way and farther north is a
multi-family residential development called Sandalwood
(also part of the Melear PUD), zoned PUD.
South -
LWDD L-20 canal right-of-way and farther south is
Mahogany Bay apartment complex, zoned PUD.
East -
Congress Avenue and farther east is a single-family and
multi-family residential development (Dos Lagos), zoned
PUD
West -
Undeveloped single-family portion of the Melear PUD,
zoned PUD.
ANALYSIS
The City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1
states as follows:
"Fences, hedges and walls shall not exceed six (6) feet in height, above finished
grade, in residential zones, except that from the building line to the front line
the maximum height shall be four (4) feet."
The fence along the front yard (Congress Avenue) is hidden within an elaborate landscape
buffer containing dense vegetation and a berm. Therefore, the visibility of this fence will be
somewhat limited. Also, the applicant states that this variance can be looked at from the
standpoint of a height variance or a setback variance. This is because the above code
section sets up a relationship between height and setback; the deeper the setback, the higher
the fence allowed. Therefore, this request can be considered a height variance of 3 feet 4
3/8 inches (the difference between the maximum height allowed of 4 feet and the maximum
height requested of 7 feet 4 3/8 inches) or a setback variance of 16 feet 1 inch (the difference
between the minimum 40 foot setback required and the maximum proposed setback of 23
feet 11 inches. In statistical terms, the height proposed is almost double what is allowed and
the setback is proposed to be reduced by 40%. The size of the development and design
considerations are hardships. The hardship explanation is further elaborated in Exhibit "F"
- Statement of Special Conditions.
~
Page 3
Memorandum No. 97-564
Via Lugano - fence
Case No. 242 -staff report
The code states that zoning code variances cannot be approved unless the board finds the
following:
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.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
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.
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.
e. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
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.
Unlike other development applications, the code does not require staff to make a
recommendation regarding whether an applicant meets the above criteria warranting a
variance to the city's ordinance. However, if the Planning and Development Board and City
Commission approve this request, it is recommended that the variance be subject to the
conditions of approval included in Exhibit "G" - Conditions of Approval. A variance allowing
a five foot high fence is a 25% increase in height above what the code allows and better
relates to the scale of the project, while maintaining a residential character.
xc: Central File
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EXHIBIT "E"
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APPLICATION ACCEPTANCE DATE:
FEE PAID:
RECEIVED BY STAFF MEMBER:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETING AND
SUBMITTAL DATES:
Please Print (in ink) or Type
Submittal Date: October 17, 1997
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Bard to grant
to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follow: Lot(s)
Block
, Subdivision
Page N/A or otherwise described as follows:
Plat Book Not Platted
Property Address Phase II Melear PUD SW Corner of Congress and Sandlewood.
Variance requested Variance to allow fences and walls greater than 4' in front yards of Residential
Districts (LOR Ch 2, S-4.J.1).
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
.
A.
B.
C.
D,
E.
F.
G.
H.
I.
J.
K.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) of an acre
Location of sketch property
Surveyor's certificate
2. Two site plans properly dimensioned and to scale showing:
13
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Page 2 . '.
Zoning Code VarIance ApplicatIon
A. All proposed structures
8. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to thE
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of name,s and post office addresses of property owners and legal descriptions 01
their property within 400 feet of subject property, as recorded in the County Courthouse. Such
list shall be accompanied by an Affidavit (s~e attached) stating that to the best of the
applicant's knowledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an a ent is submittin the etition a notarized co of a letter desi natin him as
such must accomDanv the Detition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint or
tvoe):
C.
D.
E.
F.
it
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;
That the special conditions and circumstances do not result from the actions of the
applicant;
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;
That literal interpretation of the provisions of this chapter 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;
That the variance granted is the minimum variance that will make possible the
reasonahle use of the land, building or structure;
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
otherwise detrimental to the public welfare.
B.
6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must
accompany a completed application. The $400,00 application fee covers a request to vary
one (1) section of the Code. Seeking relief from more than one section of the Code will
require payment of $100.00 for each additional Code section.
Ilf
Page 3
Zoning Code Variance Application
7. Name and address of owner._ Gene & Glick Manaqement
8. Name of applicant: P.A.c. Land Developtnent, Donaldson Hearing _ Agent
Applicant's address: 730 Bonnie Brae Street, Winter Park, FL 32789
Applicanfs phone #:.( 40 -3065
Date: October 16, 1997
- Signature of Applica
Agen
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1.
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
Property is presently Zoned:
formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief Is required}: '4"~-1
c1~ell' p~ ~((i~ 4. -j .1 ~
4. Nature of exception or variance required:
Date:
Permit denied - Building Department
5.
Case Number.
Meeting Date:
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EXHIBIT "F"
/G
Via Lugano at Melear PUD
Boynton Beach, Florida
The applicant is requesting relief from Chapter 2 Section 4.J.1 to allow for the use of a
five foot decorative fence and column sections within the front yard setback (20 feet from
Congress Avenue) of the Via Lugano project and to allow the entrance feature walls and
decorative elements to exceed the 4 foot height limitation. The building front yard
setback for Via Lugano (Phase II of the Melear PUD) was established on the Master
Plan as 40 feet. The applicant proposes the use of five foot fence column sections
located 20 feet from the property. The fence sections are for decorative purposes only
and are not continuous. The fence sections are not intended for security or buffering
purposes.
The applicant also has proposed Artistic Decorative Wall features on either side of the
entrance road and a focal fountain element within the median. A literal interpretation of
the above code section would allow the portion of the walls within the building setback
(40 feet from Congress Avenue) to be 6 feet for walls and 45 feet for accessory
structures but limits that portion between 40 feet and the proposed 20 foot setback to 4
foot.
The applicant also seeks relief from Article IV Section 1.D of Chapter 21 of the LOR
(Signs Allowed). This code section allows residential and condominium developments to
erect single faced signs on each side of a community's entrance walls. This section
limits the height to a maximum of 6 feet with the sign area not exceeding 32 square feet
for each face.
The applicant's proposed decorative wall features exceed 6 feet in height and are
integral to the project's entry design. The sign faces (lettering), which are less than 32
square feet, are proposed on each side of entry feature. While signage is a part of the
walls, it is only a minor component of the overall entry feature expression.
In the case of Via Lugano, this signage is located approximately 35 feet from Congress
Avenue due to existing easements granted to the City. This is substantially greater than
the minimum 10 feet allowed by the code.
A.
Special circumstances do exist which are peculiar to the subject property. A 20
foot utilities easement, which was dedicated to the City by the original developer
of the Melear PUD, limits the placement of proposed fence and entry features.
Proposed fence sections are located a maximum of 20 feet from the Congress
Avenue right-of-way. The artistic entry feature in the entrance median is located
25 feet from the property line and the signage face is located 35 feet from the
property line. Due to these constraints, and in keeping with the scale of the
project, the entrance feature and fence sections exceed 4 feet, and the archway
of the wall containing the sign exceeds 6 feet.
.
Concerning the walls on either side of the main entrance, it should be noted that
the applicant proposed a column, wall and fence combination. The heights are
e:\projectlgeneralla-mlmelearpudvariance.doc
/"7
Via Lugano at Melear PUD
Boynton Beach, Florida
varied to create architectural interest and character. The columns and archway
of the sign wall is a maximum of 8 feet 1 inch high. The majority of the wall is 2
feet 7% inches high with a picket fence on top averaging 5 feet overall. Chapter
2 Section 4.J.1 of the LDR's is intended to regulate buffer walls and buffer fences.
The applicant's features are intended to be aesthetic and sculptural in nature and
are not used as a buffer. In our opinion, the Land Development Regulation did
not anticipate such elements and are intended to protect the adjacent property
owners from adverse impacts resulting from large barrier walls. It is the
applicant's opinion that the proposed Via Lugano fencing and hardcape
elements, including the proposed architectural walls in which the signs are
applied, are consistent with the spirit and intent of the LDR's and with the policy
objectives of the Comprehensive Plan.
B. The special circumstances that exist do not result from the actions of this
applicant. Easements were needed to better serve the majority of the City of
Boynton Beach residents. The easements where in place at the time the
applicant purchased the land.
Additionally, we believe the code is silent on the height of aesthetic elements in
the landscape. It is the intent of the PUD zoning to encourage "creative design
and an improved living environment. n We believe Via Lugano meets and
exceeds these directives.
C. The granting of the requested variance will not in any way confer special
privileges on the applicant that is denied other lands. The subject property is a
Planned Unit Development which is intended to encourage unique design. A 20
foot utility easement along the front of residential properties is greater than what
is commonly found.
D. Literal interpretation of the LDR Chapter 2 Section 4.J.1 and Article IV Section 1.d
would limit the applicants ability to successfully market a high end residential
development in the City of Boynton Beach.
E. The variance sought are the minimum that will make possible the desired
aesthetic appearance.
Fence Sections
Columns are 5 feet with a decorative finial measuring a total height of 7
feet % inch. The picket fence is 5 feet 0 inch. Fence sections are setback
20 feet from Congress Avenue.
F,
1l!
The granting of this variance is harmonious with the general intent and purpose
of the City of Boynton Beach Land Development Regulations and the goals and
objectives of the comprehensive plan to encourage upscale housing
development. The hardscape feature proposed is simply an extension of the
overall landscape expression of the Via Lugano project. LOR Chapter 2 Article IV
Section 2.D.1 limits signs to a height of 10 feet. Considering the sign lettering is
located at a height less than 5 feet and an average 35 feet setback, the visual
perception of height would greatly diminished.
jg
EXHIBIT "G"
/9
EXlllBIT "G"
Conditions of Approval
Project name: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-008, Case No. 242 (fence height and setback)
Reference: Zoning Code Variance application with an October 17. 1997 date.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. If the variance is granted, it is recommended that the height of the
fence, both pickets and finials, be limited to five feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
I 3. To be determined. I I I
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s:lprojectslcond of apprl
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'EVELOPMENTORDER
CITY -...IF BOYNTON BEACH, FLORIDA
PROJECT NAME: Via Lugano apartments at the Melear PUD
APPLICANT: Thomas Cavanaugh, P.A.C. Land Development Corporation
APPLICANT'S AGENT: Donaldson Hearing
APPLICANT'S ADDRESS: Suite 402, 1070 E. Indiantown Road, Jupiter, FL 33477
DATE OF HEARING BEFORE CITY COMMISSION: December 2,1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (fence height and setback)
LOCATION OF PROPERTY: Southwest corner of Sandalwood Drive and Congress Avenue
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on 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:
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 Applicant
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 "B" with notation "Included".
4. The Applicant'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 the terms
and conditions of this order.
7. Other
DATED:
City Clerk
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