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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 TJH/cmc A:BOA196 .5'lmema's (jateway to tfre (jutfstream ::"".:::,,,::.~.~-'~.:.~~~1~~~~~"'1d~.l~j~";- MINUTES - BOARD OF ADJUSTMEN ~EETING BOYNTON BEACH, FLORIDA JUNE 20, 1994 '\ \ , .'f'" L 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. - 8 - . . ___" ___,..' -__.___'::ilii:~.if___ -. MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1994 r( 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. - 9 - ",..1I:....~..:,r., 'x ^ ., I; ,,'" " ,"1 '.' ' ,;.\ . ... ~ ; .~.~~. .,,~~""~~~ '-'''~/'''f~1\1~'"''';':'''' "*'" ~;l. ..." ',. ..~ '.. .~ ... ...,.,.;1 ;it'. '~';A~ . ... ' .... ...~\ "~~..._ ..-F..l~ :~~ MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1994 .,A- (" \,- 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) - 10 - 'n\(_j~.<- ..tl:~ :.LJ 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. rn - I 1994 ~: !\i\;f\ji\:G ;~JJD < <: ~,,'. rr ...~ ~~ "~.......-.",-~-~.,~~~~.