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REVIEW COMMENTS 7.A.1 BRUCE BLACK FENCE VARIANCE ZONING CODE VARIANCE DEVELOPMENT DEPARTMENl MEMORANDUM NO. PZ 00-220 VARIANCE REVI EW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION July 25, 2000 Meeting Date: August 8, 2000 File No: ZNCV 00-004 - Front Yard Fence Height Location: 321 SW 1st Avenue Owner: Mr. Bruce Black Project: Front yard fence. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4 General Provisions, J.1. OTHER STRUCTURES, to allow the construction of a five- (5) foot high front yard fence in a residential district which is a one (1) foot variance from the four (4) foot height limit required by the zoning regulations. BACKGROUND The subject property and nearby neighborhood is currently zoned R-1-A, single family residential. The lot is currently developed and conforming with the R-1-A zoning district requirements. Currently, the subject neighborhood is mostly developed (See Exhibit "A" - Location Map). ANAL YSIS The code states that the zoning code variance can not 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. Page 2 Bruce Black Variance Staff Report Memorandum No. PZ 220 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. (Exhibit "B" contains the applicant's response to the above criteria.) Staff has reviewed the application and conducted this analysis focusing on items "a", "b", "c' and "f' above. The applicant has a pool located in the front yard that meets the minimum front yard setback. The pool has been there at least 71 years. The Historical Structures Form Master Site File indicates the construction date for the original house as 1924. It is identified as a rambling Georgian Revival house that was at one time called the "Town Mansion", A front yard pool would not be permitted by code today. The property meets all other zoning setback requirements. This qualifies as a unique or special condition that did not result from any action of the current owner/applicant. Current building code regulations require that the pool be fenced for safety reasons. The Boynton Beach Swimming Pool and Spa Regulations, Article XVIII. Barriers, Section 3" requires residential swimming pools to be completely surrounded by a barrier at least 60 inches (five feet) above finished grade. The Boynton Beach Land Development Regulations restricts front yard fences to a maximum height of four (4) feet. The front yard setback requirement in the R-1-A district is 25 feet. The applicant proposes to fence the area around the pool in compliance with current building regulations. However, if the fence is built at the 25-foot front yard setback line it will be too close to the pool and interfere with the existing concrete deck. The proposal is to build the fence approximately 12 feet into the front setback, at 13 feet from the property line. Although the application does not represent the absolute minimum variance required to attain the reasonable use of the land, a minimum 13 foot setback will still be provided which creates additional yard space around the pool deck and allows the proposed fence to be placed adjacent to and buffered by the existing 24 inch high Areca Palm hedge. The variance for fence height will apply to 50 feet along the front and approximately 10 feet along the east side of the pool. The balance of the fence along the east side of the pool beyond the setback line is allowed to be five- (5) feet in height. (See Exhibit "C" - Site Photos). The applicant intends to address a safety and a privacy issue. Under present code the applicant could construct a four- (4) foot high fence on the property line along the entire length of the front yard. The subject site has 150 lineal front footage of which only 50 feet on the west side of the property will be fenced. It would have no impact on the property owner to the east. The property directly west of the subject site has a four- (4) foot high, vine-covered, chain link fence located on the property line along most of the front yard. The fence is backed by a variety of trees, including Australian pine, exceeding eight (8) feet in height. Also located in the front along the property line are a variety of shrubs and bougainvillea in excess of four- (4) feet in height. The applicants' proposal to provide the required safety barrier and the desired privacy barrier would not appear to constitute a special privilege nor would it be incompatible with the adjacent properties. Page 3 Bruce Black Variance Staff Report Memorandum No. PZ 220 CONCLUSIONS/RECOMMENDA liON Staff recognizes that the situation as presented is unique. The applicants' intent to combine a safety and privacy fence is reasonable. Staff therefore recommends that the request for a one (1) foot height variance to allow a five (5) foot high fence in the front yard be approved. This recommendation is conditioned upon the encroachment of the five- (5) foot fence into the front yard setback not to exceed 12 feet, or a minimum setback of 13 feet. This requirement is indicated in Exhibit "0" Conditions of Approval. MR/dim S:IPlanningISHAREDlWPIPROJECTS\Black's Fence variancelSTAFF REP-Fence Heightvar,doc EXHIBIT "B" Bruce Black's Fence Variance A. The pool is 71 years old and this unusual location presents problems with concrete and existing mature vegetation that surround the pool and pool deck. A fence has never existed on the property. B. I as the applicant will not create any hardships on my neighbors. C. This variance will not make my property any more special than my neighbors. D. Other properties have fences that are a 5' height and have been there for many years. E. We do not want to put the fence abutting the sidewalk. It will be done in a way so that my property will be fenced, but I can comply with 5' Pool Code. Otherwise, I would need to erect two fences, one for pool care and a 4' perimeter property fence. F. The variance will bring this 80-year-old property into compliance with regards to pool care and it will provide a safe area around the pool. G. The true hardship is one of personal safety. My neighbor has a large attack dog that can easily jump the 4' fence. It runs freely in an unenclosed area directly next to my pool. This neighbor has caused enough problems towards my wife and children that we recently had ajudge issue a restraining order against him. June 9, 2000 issues for 1 year. This fence is to make our pool more enjoyable and for the safety of our family. J:\SHRDA T A \Planning\SHARED\ WP\PROJECTSIBlack's Fence varianceIBruce Black.doc .--- -, LOCATION MA~ BRUCE BLACK VARIANCE EXHIBIT "A" ~ ,:~_' ETI~1:_~ -- - _.---~'! -" --- . '. - --- - --". - t -..... - ~.-....-.. .cITY ; H~Ll:: j~_ -. , PU: I , ' R ""'" ~ r~\\ \ \ \" ~- ;),II'~\\\' I ll../, \\ i c- t " '. ~ I ' , \ ~ -- ~T ! t - I -.-.- ~-- ,,'hi EXHIBIT "e" EXHIBIT "D" Conditions of Approval Project name: Black Fence Variance File number: ZNCV 00-002 Reference' Aoolication received June 7 2000 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: I UTILITIES I I Comments: I FIRE I I Comments: I POLICE I I Comments: ENGINEERING DIVISION Comments: BUILDING DIVISION Comments: PARKS AND RECREATION Comments: FORESTERlENVIRONMENT ALIST Comments: PLANNING AND ZONING Comments: 1. The encroachment of the five (5) foot fence into the front yard setback is not to exceed 12 feet. or a minimum setback of 13 feet. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS IICH\....fAIN\SHRDATAlPlannmgISHAREDlWPIPROJECTSlBlack.s Fence vanancelCONn OF APPROVAL-Black Fence Vanance,doc DEVELOP~ . . f ORDER OF THE CITY COMM'- )N OF THE CITY OF BOYNTON BEACH, FLORuJA PROJECT NAME: Black Fence Variance APPLICANT'S AGENT: Bruce Black APPLICANT'S ADDRESS: 321 SW 1st Ave. Boynton Beach DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15,2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance (Fence) LOCATION OF PROPERTY: 321 SW 1st Ave DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 "Cn 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 J:\SHRDATA\PlanningISHAREDlWPIPROJECTSISAMPLE LETTERSIDevelop,Order CC 6-6-OQ,doc Palm Beach County Property A1')nraiser Property Search System Page 1 of2 . Palm Beach County Property Appraiser Public Access System Owner Information I Owner Name ISUMMERS JAMES B II Situs Address 11316 W OCEAN AVE II Parcel Control Number 1108-43-45-28-10-010-0091 Confirmation Information S bd' .. IBOYNTON HGTS ADD REV PL u IVlslon: IN Mailing 1316 W OCEAN AVE Address: I IBOYNTON BEACH FL 33435 4438 1999 Certified Appraisal Improv~~:~~11 $83,47011 Number ofUnits:11 Land Value:1I $19,8451 Total Sq. Ft: Market Value:11 $103,31511 Acres: II I Use cOde:11 0100 I Description: ISINGLE FAMILY 1999 Certified Tax Assessed Value: 1$103,315.0011 Il'iltlml,11ll xemptIon amount: I $01 Taxable: 11$ 1 03,315.001 1999 Exemption I Description:IIREGULAR HOMESTEAD II Code: IIHX II 1IIIIJtiU l;,-;~~(~~~~ _ .',',_ __ ~~~, _ m . J blllll. ~xemptlon ISUMMERS JAMES B I Percentage: D Holder: I Sales Date II Book II ~ II I May-1989 II 06073 II 1145 II Sales Information Price IIInstrument $IOOIIQUIT CLAIM IIOwner IISUMMERS JAMES B http://www.co.palm-beach.fl.us/papaJdetail_info.asp?p _ entity=084345281 00 1 00091 13/06/2000 Section 2. Art. XVIII, ~2 Commercial swimming pool/spa barriers. All public sVvimming pools/spas shall be completely surrounded by a barrier in accordance with Section 3. except the barrier height shall be 72 inches. Section 3. A. B. C. D. E. Barrier details. - OPENINGS. Openings in barriers shall not allow the passage of a four inch (4") diameter sphere. HEIGHT. The top of the barrier shall be at least 60 inches above finished grade measured on the side of the barrier which faces away from the swimming pool/spa.. Maximum vertical clearance between finished grade and the bottom of the barrier shall be two inches (2") measured on the side of the barrier which faces away from the swimming pool/spa. Where the top of the Sv.imming pool/spa structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the sVvimming pool/spa structure, or mounted on top of the sVvimming pool/spa structure. \Vhere the barrier is mounted on the top of the swimming pool/spa structure, the maximum vertical clearance between the top of the swimming pool/spa structure and the bottom of the barrier shall be four inches (4"). SCREEN ENCLOSURES. \Vhere screen enclosures are used as a barrier, a substantial material shall be mounted over or in place of the screen, on the bottom 30 inches of the enclosure to prevent ingress in the event the screen is displaced. SOLID BARRIERS. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. FENCES. 1) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members isJess than 45 inches, the horizontal members shall be located on the swimming pool/spa side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in v.idth. \Vhere there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches inlwidth. 25-21 Art, XVIII, ~3 2) VvlIere the barrier is composed of horizontal and vertical members and the distance bet\veen the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches (4"). \Vhere there are decorative cutouts ~ithin vertical members, spacing ~ithin the cutouts shall not exceed I 3/4 inches in ~idth. 3) ~1aximum mesh size for chain link fences shall be a 1'14 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than I 3/4 inches. 4) Wbere the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than I 3/4 inches. F. GATES. Access doors/gates shall comply with the requirements of Section 3 and shall be self-closing, self-latching and equipped to accommodate a locking device. Pedestrian access doors/gates shall open over a stabilized surface and shall be self-closing and have a self-latching device. Gates other than pedestrian access doors/gates shall have a latching and locking device. Wbere the release mechanism of the self-latching device is located less than 54 inches from the bottom of the door/gate, the release mechanism shall be located on the swimming pooVspa side of the door/gate at least three inches (3") below the top of the gate, and the gate and barrier shall have no opening greater than ~ inch 'Within 18 inches of the release mechanism. G. ABOVE GROlTND POOLS/SP AS. \Vhere an aboveground swimming pooVspa structure is used as a barrier or where the barrier is mounted on top of the s~i.mming pool'spa structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Section 3. When the ladder or steps are secured, locked, or removed, my opening created shall not allow the passage of a four inch (4") diameter sphere, H. COMBINATION BARRIERS. Barriers around swimming pools/spas may consist of building, dwelling, barrier or stand alone walls; screened enclosures; fences; or combinations thereof, but all shall comply with the specific technical standards contained in this Chapter. 1. BUILDING OR DWELLING WALL. Where a building or dwelling wall serves as a barrier, or part of a barrier, to a pooVspa, provide protection to limit or delay access to pooVspa through doors or windows in the wall with a sill height less than 48". 25-22 /) JCAAA...('.J ~ /,:~~' ~~ ..-- T'/{'t/vv-j BuildiJJ&s,tilousiDa and COmtnJctioD Regulations Affordable Housing Advisory Comminee, as required by the Act. The composition and function of the Corruninee shall be in accordance with the requirements of the Act. H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, U 1-8, 5-6-97; Ord. No. 97-21, ~ 1, 6-17-97) ARTICLE IX. SWIMMING POOLS AND SPAS The swimming pool and spa code establishina basic criteria .f()r th~ desigI1 and construction of $wimming pools and spas within the city was adopted atid"'istabIished as the swimming pool and spa regulations of th,e ~i~y.on September 4, 1996, and is on file as Ordinance No. 96-39 in the,.office of the city clerk and the office of the director of development. (Ord. No. 96-39, ~ 1, 9-4-96; Ord. No. 96-60, ~ 3, 1-21-97) ARTICLE X. RESERVED ARTICLE XI. RESERVED ARTICLE XII. RESERVED ARTICLE XIII. mSTORIC PRESERVATION Sec. 1. Generally. It is the intent of the city to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. 1997 S-6 21 Preservation of such buildings will be required unless it can be established by the applicant that preservation significantly interferes with the reasonable use of the propeny . (Ord. No. 96-60, ~ 4, 1-21-97) Sec. 2. Waiver of technical requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. (Ord. No. 96-60, ~ 2, 1-21-97) Sec. 3. Design conformance. Additions and/or modifications to historical buildings shall conform to the architectural style of the original building. (Ord. No. 96-60, ~ 2, 1-21-97)