LEGAL APPROVAL
fJ1ie City of
'Boynton 1Jeacli
100 'E. 'Boynton fJJeadi fJJoukvartf
P.O. fJJo~310
fJJoynton fJJeadi, %>>Ula 33425-0310
City 1fai[: (407) 375-6000
~!4X: (407) 375-6090
June 21, 1994
Mr. Lew Peters
4788 Kirk Road
Lake Worth, FL 33461
Re: Post Landing
Board of Adjustment Case *196
2309 North Congress Avenue
Dear Mr. Peters:
Your request for a variance regarding the above referenced case was
denied by the Board of Adjustment at their June 20, 1994 meeting.
If I can be of further assistance, please contact me.
Sincerely,
J~ - .?/.~
Tambri J. H~~~
Planning and Zoning Director
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MINUTES - BOARD OF ADJUSTMEN ~EETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1994
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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.
Motion
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.
2309 North Congress Avenue
Post Landing
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.
4. Case '196
Property Owner:
Request:
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 ROId~ Lake Worth~ Florida~ advised that the applicant is
seeking this variance in 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 will 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 confinmed for Mr.
Miriana that there would be enough shrubbery in front of the fence to hide it
from view.
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MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1994
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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.
Chainman 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 penmit 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.
Debbie O'Connell~ 1441 Indian Road Lake Clark Shores, is the property
representative for Post Landing. ~he said her 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.
Chainman 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.
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MINUTES - BOARD OF ADJUSTMENT MEETING
BOYNTON BEACH, FLORIDA
JUNE 20, 1994
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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.
Motion
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
ADJOURNMENT
There being no further business to come before the Board of Adjustment, the
meeting properly adjourned at 9:05 p.m.
~p~~p
Recording Secretary
(Two Tapes)
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN thae the following application has been made
to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA,
for the variance as indicated, under and pursuant to the provisions
of the Zoning Code of said City:
Case #196
Agent: Lew Peters, Agent for Post Properties, Inc.
Requested
Variance: A request to increase the 4 feet maximum fence
height to 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. The variance is to
Section 4 J.1. of Appendix A-Zoning.
Location: 2309 North Congress Avenue
Legal
Description:
A portion of POST LANDING, according to the piat thereof, as
recorded in Plat Book 54, Pages 191 and 192, Public Records of
Palm Beach County, Florida, being more particularly described
as follows:
Commencing at the Southeast corner of said plat; thence North
01044'21" East, along the East Line of said plat, a distance
of 25.00 feet to a point hereinafter referred to as Point "A";
thence North 88015'39" West, a distance of 25.00 feet to the
Point of Beginning of this description; thence continue North
88 OJ. 5 '39" West, a distance of 15.00 feet to a point 40.00 feet
west of the East Line of said plat; thence North 010 44' 21"
East, along a line 40.00 feet West of, and parallel with, as
measured at right angles to, the East Line of said plat, a
distance of 110.00 feet; thence South 880 15' 39" East, a
distance of 15.00 feet to a point 25.00 feet West of said East
line; thence South 010 44' 21" West, along a line 25.00 feet
West of, and parallel with, as measured at right angles to,
the East Line of said plat, a distance of 110.00 feet to the
Point of Beginning.
TOGETHER WITH:
Commencing at said Point "A"; thence North 01044'21" East,
along the East Line of said plat, a distance of 140.00 feet to
a point hereinafter referred to as Point "B"; thence North
88015'39" West, a distance of 30.00 feet to the Point of
Beginning of this description; thence continue North 8~ 15' 39"
West, a distance of 10.00 feet to a point 40.00 feet West of
the East line of said plat; thence north 01044' 21" East, along
a line 40.00 feet West of, and parallel with as measured at
right angles to, the East Line of said plat, a distance of
30.00 feet; thence South 88015'39" East, a distance of 10.00
feet to a point 30.00 feet West of said East line; thence
South 01044'21" West, along a line 30.00 feet West of, and
parallel with, as measured at right angles to, the East Line
of said plat, a distance of 30.00 feet to the Point of
Beginning.
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- I 1994
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