LEGAL APPROVAL
%e City of
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P.O. '1J~310
!Boynton !Beadt, :FforUfa 33425-0310
City 9faII: (561) 375-6000
:FYIX: (561) 375-6090
December 19, 1997
Harry Woodworth
685 N.E. 15th Place
Boynton Beach, Florida 33436
Re: Harry Woodworth
File number: ZNCV 97-007 - Fence height
Location: 685 N.E. 15th Place, Lot 11 in Yachtman's Cove Subdivision, Boyntaon Beach
Dear Mr. Woodworth:
Enclosed is the City of Boynton Beach Development Order regarding Commission approval
of your request for a fence height variance, regarding the above referenced.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
d~-~~
Tambri J. Heyden, AICP
Planning and Zoning Director
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Attachment
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DEVELOPMENT ORDER_
;Y OF BOYNTON BEACH, Fl ,~.~_ A
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PROJECT NAME: Harry Woodworth
APPLICANT: Harry Woodworth
APPLICANT'S AGENT: Harry Woodworth
APPLICANT'S ADDRESS: 685 N.E. 15th Place, Boynton Beach, FL
DATE OF HEARING BEFORE CITY COMMISSION: December 16,1997
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TYPE OF RELIEF SOUGHT: Zoning Code Variance ( fence height)
LOCATION OF PROPERTY: 685 N.E. 15th Place, Lot 11 in Yachtman's Cove Subdivision, Boynton
Beach
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
-1L- 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
-1L- 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: /c:R,;j ,/~?'
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J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Woodworth\DEVELOPMENT ORDER.doc
EXlllBIT "B"
Conditions of Aporoval
Project name: Harry Woodworth
File number: ZNCV 97-007, Case.No. 241 (fence height)
Reference: Zoning Code Variance aoplication dated October 20. 1997 date.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DIVISION
Comments: None X
P ARKS AND RECREATION
Comments: None X
FORESTERlENVlRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
2. T-<& be. det\..uuiu~d. A6Afe X
TJH:dim
J:\SHRDA T AIPLANNlNG\SHAREO\WPlPROJECTS\WOODWOR1li\COND OF APPROV AL-CASE241.DOC
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1, 1997
6.
OLD BUSINESS: _..----....,,~.-...._;.--::;'\
: --" ~1 ,) n ~, ;1' ~l t:,l \
A. Set joint Board, Cornrilission-and"CrraRlblitfot Commerce Workshop date to
discuss the community design plan, convenience store lighting levels and
Commission ratification of Board actions .
( t
---_..)
Ms. Heyden announced that this workshop-:-W6"ulcrbe held on Monday, December 8, 1997, at
6:00 p.m. It is currently scheduled for ConferenCe Room UC". However, Ms. Heyden will
attempt to change the meeting place to the Library Program Room since she will be able to
make use of their slide projection equipment for her presentation. Board members will receive
back-up information on Thursday, and the location of the meeting will be indicated on the
agenda.
Mr. Dube advised that he would be going out of town on Thursday morning. He requested
delivery of his back-up material on Wednesday. Ms. Heyden said the agenda packets would
not be ready on Wednesday. She will forward partial materials if they are available.
Chairman Wische acknowledged the presence in the audience of Bulent Kastarlak, Director of
Development.
B. Business Community Design ot the Quarter Award concept (to be
discussed by Board member Jose Aguila)
Motion
Mr. Aguila moved that we send a recommendation to the City Commission for consideration of
this program. Mr. Rosenstock seconded the motion that carried unanimously.
7. NEW BUSINESS:
A. PUBLIC HEARING
Zonina Code Variance
-
-
Project: Harry Woodworth
Agent/Owner: Harry Woodworth
Location: 685 NE 15th Place
Description: Request for a variance to Chapter 2 - Zoning, Section
4.J.1 - Fence Height of the Boynton Beach Land
Development Regulations which restrict fence heights to 6'
for fences located within the required setbacks of
residential properties to allow a 4' high fence on a 3' 6"
retaining wall.
1.
Attorney Pawelczyk administered the oath to all that would be testifying on any item on this
agenda.
CHAIRMAN WlSCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
2
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1, 1997
Harry Woodworth. DroDertv owner. recently received a Certificate of Occupancy for a new
home he built at 685 NE 15th Place. In order to complete the landscaping and finish the project,
a fence is needed along the north boundary. This property has a 220' common border with the
Seaview Trailer Park. Mr. Woodworth's request is to put a fence along that property line.
However, the Code only allows a 2' high fence on top of cinder blocks. This will not contain his
toddler or offer security. Mr. Woodworth asked for consideration of his request to allow him to
construct a 4' fence along the rear of his property.
Motion
Mr. Dube moved that we APPROVE the request for a variance to Chapter 2 - Zoning, Section
4.J.1 - Fence Height of the Boynton Beach Land Development Regulations which restrict fence
heights to 6' for fences located within the required setbacks of residential properties to allow a 4'
high fence on a 3' 6" retaining wall. Ms. Frazier seconded the motion that carried unanimously.
Description:
Via Lugano - Melear PUD
Donaldson Hearing
Gene and Glick Management
Southwest comer of Congress Avenue and Sandalwood
Drive
Request for a variance to Chapter 2, Section 4.J.1 of the
Boynton Beach Land Development Regulations to allow for
construction of a 5' high decorative fence and column
sections within the 40' front yard setback of 23' 11".
2.
Project:
Agent:
Owner:
Location:
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Donaldson Hearing. Cottier and Hearing. 1070 East Indiantown Road. JUDiter. Florida.
was present and introduced Tom Cavanaugh of PAC Land Development, Mike Scorer,
Engineer, and Robert Cottier, Landscape Architect.
Mr. Hearing explained that this variance is relative to the height of fencing and associated
bollards along the Congress Avenue frontage for this project. The Code allows a maximum of a
6' high fence, wall, or hedge. However, when this feature is within the front yard setback, the
maximum height is limited to 4'. The request for a variance is based on the following two
reasons:
1. The front setback of this fence treatment is 20' from the right-of-way.
-
-
When this PUD was originally developed, the master developer dedicated easements in favor of
the City for sewer mains and water mains. Therefore, this fence would have to be setback 20'.
2. This is an aesthetic treatment. There will be a series of fence sections with
bollards at the end of each fence section.
Using the exhibits that depicted the front entrance, Mr. Hearing indicated the fence section. The
applicant is proposing a 5' white picket fence with 5' columns and 2'-4 3/8" finials at the ends of
3