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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 July 20, 1999 0 August 3, 1999 0 August 17, 1999 0 September 7, 1999 July 7, 1999 (5:00 p,m,) o September 21, 1999 [gI October 5, 1999 o October 19, 1999 o November 2, 1999 September 8, 1999 (5:00 p,m,) July 21, 1999 (5:00 p,m.) September 22, 1999 (5:00 p,m.) August 4,1999 (5:00 p,m.) October 6,1999 (5:00 p,m,) August 18, 1999 (5:00 p,m,) October 20, 1999 (5:00 p,m,) NATURE OF AGENDA ITEM o Administrative [gI Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION: Please place the request below on the October 5, 1999 City Commission agenda under Consent- Ratification of Planning and Development Board Action. The Planning and Development Board with a unanimous vote, recommended approval subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No PZ 99-216. EXPLANA nON: PROJECT: HAMPSHIRE GARDENS, INC AGENT: Pat Downey, Project Chairperson OWNER: Hampshire Gardens, Inc. LOCATION: 2400-2500 S. Federal Highway DESCRIPTION: Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 4.J.1. to allow a one and one-half ( I 1/2) foot increase in the maximum 4 foot height of a fence, hedge or wall placed with the building setback, to allow a 5 1/2 foot fence. PROGRAMIMWACT:NM t FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature ~/L c/~ Director of P g and Zoning City Attorney / Finance / Human Resources \\CH\MAIN\SHRDAT AIPLANNINGlSHAREDIWP\PROJECTS\HAMPSHIRE GARDENSIAGENDA ITEM REQUEST CC 100S-99.DOT . u,'____ .. DEPARTMENT OF DEVELOPMENT MEMORANDUM No. PZ 99-216 Staff Report for Planning and Development Board and City Commission Meeting Date: September 28, 1999 File No: ZNCV 99-009 (fence height) Location: 2400-2500 South Federal Highway Owner: Hampshire Gardens, Inc. Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4(J)(1), which limits the maximum height of a fence, hedge or wall placed within the building setback to four feet, to allow a one and a one-half (1 1/2) foot variance or a five and a half foot fence. BACKGROUND The subject property, located at 2400-2500 South Federal Highway is a 236-unit residential cooperative constructed in 1964 (See Exhibit "A" -location map). The property is currently zoned R-3, multi-family. The city approved a $5,000 Neighborhood Assistance Program grant to this community at its April 20th, 1999 Commission meeting for the purpose of constructing a fence along the front, or west side of the property (See Exhibit "B" - City Commission minutes). During the permitting process it was discovered that the desired fence exceeded the maximum height allowed (4 feet) per the City's Land Development Regulations (See Exhibit "C" - site plan). The applicant received a permit for the posts to be built at five and one-half feet without the height variance being required and the posts have been constructed. It was during the permitting for the actual fence that the discrepancy was identified and created the need for the variance. To allow for appropriate structural or decorative needs, the city has not applied the same height limitation to the posts as is applied to a fence or wall. Historically, the city has approved two other requests for a variance under similar circumstances. In 1993 the Board of Adjustment approved a request from Pine Point Villas at 3310 Loren Road for a variance to place a six foot fence within the front setback instead of the four foot fence allowed by the zoning code. In December of 1997, a variance was approved by the City Commission to allow a fence that exceeded the zoning requirement to allow a 4-foot fence on a 3-foot 6-inch wall at 685 NW 15th Place, Similar to the subject request, the general purpose of the comparable cases was to provide additional security that otherwise would not be achieved by a 4-foot fence. According to Chapter 2. Zoning, section 4(J)(1), the minimum height of a fence, hedge, or wall placed within the building setback is 4 feet. This request is to allow a one and one-half foot variance or a five and one- half foot fence. Since the code does not distinguish between the post members and the fence or wall sections, the subject variance request has been written to provide relief for both the elements of the fence/wall project. ANAL YSIS The code states that the zoning code variance can not be approved unless the board finds the following: .T-nu Page 2 Hampshire Gardens File No. ZNCV 99-009 a. That sPE!cial 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. (Exhibit "0" contains the applicant's response to the above criteria.) Based on the analysis herein and staff research, staff concludes the following: 1) The subject variance request is not supported by traditional hardship criteria; 2) The subject request is the minimum variance necessary to allow the erection of a perimeter fence with minimum security potential; 3) The subject request is in harmony with the general intent of the regulations and would not be injurious to the area involved; and 4) The proposed location of the fence within the setback, parallel and adjacent to the street is preferable over being located outside the setback, which may require it to be placed in broken segments between buildings. With respect to maintaining uniformity of the fences along the right-of-way, the subject use is the sole use occupying this area of the 2400 and 2500 block on the east side of South Federal Highway, thereby generating no irregularity against adjacent properties. Furthermore nearby communities such as Colonial Club and Seagate Condo each have fences that exceed 5 feet in the form of hedges or walls that separate them from Federal Highway, RECOMMENDATION Staff recommends that this request for relief from Chapter 2, Zoning, Section 4(J)(1) which limits the maximum height of a fence, hedge or wall within the building setback to four feet, to allow a one and one- half foot variance or a five and one-half foot fence, be approved, Staff has not recommended any conditions of approval; however, if conditions of approval are added by the Board and Commission, said conditions shall be listed in Exhibit "E". xc: Central File J:\SHRDATAIPlanninglSHAREDlWP\PROJECTSIHAMPSHIRE GARDENS\Staff Report.doc --~--r._._..- EXHIBIT 'A' I: ~__". ',-r PO ,... .Jr' r-r . rr -:r0A" :-..: ;/ f: '-/ : --1\ I ,I 1/ G. -;::=3 ~ nL.J"- 1'1 ,1' II.' II'r I II;! ,: " ..,..... ~~..~.'.'.' ~. ~_.. "1... ,:,.:/I'}1..1i/,:,lIW~~'1_:~='" . ,:' ~rl"' : I I I i ~ ! 111 i!~ I I 11 .' . 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I sf'..} ", :3' , , ,. I TTTIlt:t~/ ~:r' iJ"--.-.dl~' .... ;' J'" . _L ' 'Fe' ( ,; ,_, " ,t1); Ie -' >----/--, /). r~).-\ . ./ ~; ~7-~~hj;~~~~! ~/ '~'~.'_#--L/~r~ - -' !1~ rir~\u'~i t:LJLi!1 I '1,;f f., I ~ L1.J rr-+.uw '-t ~ I. '-~.' ' -lM(-~'-:~" , ~.: --:fJ 'I +t'U HI': t' ~:- ~~r::.,--j/ E" ~ / ('11 Ih :"-j~r: iff - , I :...' :::7~'" Ie ~) r t.u. --~ " ~111+~r 11:1 JI ," ..;~~ "n'- )- . ~ ~.. . , ~ H=' : ! I 'J I ;'. t,; ;~. -'f -{forT T J' 3 fL. \" :... .il..LJ ~.J ".1 l f :.-/ .. ~ . -~ . L [' . ~ : . ~ t!;~~. ' ~~ I'r:::' '~.j . ~.. 7~8 : Jl11111t, MI~ESIV ~, ~ ,:J ~ . . '. '1 I <.> 11'0400.800 FEE;T - '.' '. I:lJ li!ii!!J-l':-=~ ~~.i."O. l I~~/I"'G P1!-PT"o 0,19 . '}, ..,..ITV..... ': ,.Ij~ ~/ r1/"~ / LOCATION MAP, HAMPSHIRE GARDENS ., -,- ~ -- . , c t EXHIBIT "B" APRIL 20, 1999 Vice Mayor Tillman moved for approval of Item C.2. Motion seconded by Commissioner Denahan. Motion unanimously carried. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: ~A. B. Approve the Neighborhood Partnership Program Application from the Hampshire Gardens Homeowners' Association for Phase I. (Total cost of , project is $21,400 - City of Boynton Beach contribution is $5,000.) . Approve the Neighborhood Partnership Program Application from the ' Venetian Isle Neighborhood Association. (Total cost of project is. $6,929.44 - City of Boynton Beach contribution is $3,500.) Interim City Manager Hawkins said there are two Neighborhood Partnership Program Applications for approval and asked Mr. Ackermann to update the Commission on the applications. Mr. Ackermann said that the Hampshire Gardens Homeowner's Association has an extensive plan for redoing the sides and the front of the property. The front of the property fronts Federal Highway. The project is broken down into two phases. They are asking the City to partnership the first phase, which would include aluminum fencing, beautification. and hedges at a cost of $21,400. Hampshire Gardens will be putting in the "sweat equity". as well as purchasing a great many of the materials and qualifies for the City to contribute the maximum of $5.000. Mr. Ackermann said the second project is a partnership program with Venetian Isle Neighborhood Association. They are proposing to replace old signage with new signage at the entrances to the property and the planting of trees and plants. , Mr. Ackermann said that a committee and technical review committee looked at both projects and they have been cleared. Mr. Ackermann noted the cost of this project is $6,929.44 and they are asking for $3,500 from the City. which they qualify for. Mr. 17 --r--- - ---- It- ~ z Me :c~ III III Me .. ~ o o llo ~ ..J ~ ~ \(j .0 .... '" t ~. ~ rO 'tJ \J ) ~ ~ ~ IV 'lo ~ ~ .'" ~ ~ ~ - .... If) -- ~ .- --~ .- ---r---- ~ ---------- --- --. -------------------~------- ----- EXHIBIT "c" if) i ! Z . 0 r I ~ W ! ; ! II' 0 a: <( 0 w a: :r: (I) . i Q.. ! 2 <( I I ~ 0 III c:l -- .tVH8a"VH 'lVol.S i'o':>V8ol.NI __ eo:: ... c .. ~ III o >- e ... I Q .-::- -~ t . . . . . j t 3ol.do.. ..-J: no.... ouo.. : - 5 ~XHIBIT "D" Hampsnire Gardens, Inc. 2500 S. Federal Highway Boynton Beach, Fl. 33435 Statement of Special Conditions We feel that special conditions and circumstances exist because we are a multiple dwelling complex of Senior Citizens, with a large exposed area along Federal Highway. We are particularly concerned about our vulnerability to increased thefts and break-ins of both our homes and vehicles. We do not believe a 4'high fence is adequate in keeping "problems. out. We also have 51/2' tall columns already built along this property to accept the 5'high fence. These columns were approved & permitted by the City of Boynton Beach. Due to our large exposure along Federal Highway, we are unique when compared to our neighbors' homes and businesses. Therefore approval of the variance will not confer special privileges upon us when compared to other properties in our neighborhood. Both Colonial Club and Seagate Condo communities enjoy a fence that exceeds 5' in the form of hedge and walls, that separates the,n from Federal Highway. Due to previous meeting with the Neighborhood assistance program, where our project of a 5'high fence was discussed, reviewed by a selection committee consisting of city departments, and finally approved for a grant by the city commission, we had a 5' high custom aluminum fence built for this purpose. Obviously this presents a hardship on us because of our invested time and money in both the columns and fence, to at this time tear this out and replace it with a 4' system. The residents of this community are retired seniors, many of whom are on fixed incomes and to re-do this whole project would put a large strain on the finances of all of us. We wish to protect our property and limit the access to outside elements to freely trespass on our grounds, as other condo communities nearby are able to do. The installation of a 5' fence better serves our needs to safely protect our residents. Since this is an .open' fence it does not obstruct the view to motorists and is very "eye appealing. to any passerby. In the same manner the 5' height makes it more difficult for anyone to climb or hurdle over. co --T- EXHIBIT "E" Conditions of Approval Project name: Hampshire Gardens File numbel,": ZNCV 99-009 (fence height) Reference' ZoniOl! Code Variance dated Julv 6 1999 , DEPARTMENTS INCLUDE RE n:; r''T' PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS l. None X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\HAMPSHIRE GARDENS\CONDITIONS OF APPROVAL CC 10-5-99,DOC\ ~- r- DL ARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-178 TO: Sue Kruse City Clerk FROM: fYJ(,./fL- Michael W. Rumpf Director of Planning and Zoning DATE: September '9, 1999 SUBJECT: Hampshire Gardens Zoning Code Variance 99-009 (fence height) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances have been rescheduled for the September 28, 1999 Planning and Development Board meeting. MWR:dim Attachments REQUEST FOR PUBLISHING LEGAL NO., ES AND/OR LEGAL ADVERTISE.. ,.:NTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zonina PREPARED BY: Michael Rumpf DATE PREPARED: September 9.1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Public Hearing Notice for (meetinq September 28. 1999) Hampshire Gardens. Inc. fence height variance reauest. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property (postmarked no later than September 13. 1999). applicant and Director of Planning and Zoning NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: /\Uqust 30. 1999 September 13. 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: September 10. 1999 APPROVED BY: (1) /'~ ~-Z~ (Originator) ";?7 7 h I?> (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J :\SHRDA T A\PLANN ING\SHARED\WP\PROJECTS\HAMPSH1RE GARDENS\LEGAL NOTICE DOC MOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Hampshire Gardens, Inc. Request: Relief from Chapter 2, Zoning Section 4(J)(1), which limits the maximum height of a fence, hedge or wall placed within the building setback to 4 feet, to allow a 1 1/2 foot variance or a 5 1/2 foot fence. Location: 2400-2500 S. Federal Highway Legal Description: Beginning at a point where the east RIW line of State Road #5 (U.S.#1), as recorded in road plat book 2, pages 182 thru 191, Public Records of Palm Bach County, Florida. Intersects the east-west quarter section line in section 33, T 45 5, R 43 E thence southerly along said EIW line a distance of 208.53 feet to the point of beginning and a cross cut in walk, thence continue along the same line a distance of 634.01 feet to a % inch iron pipe, thence easterly at an angle of 84 degrees 45 minutes 20 seconds measured from north to east, a distance of 705.72 feet to a 2 inch iron pipe in the west RIW line of the intracoastal waterway, thence northerly at an angle of 97 degrees 40 minutes 13 seconds measured from west to north, along said RfW line A distance of 642.52 feet to a 2 inch iron pipe, thence westerly at an angle of 82 degrees 05 minutes 57 seconds measured from south to west, a distance of 733.19 feet to the point of beginning containing 10.48 acres more or less. A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, September 28, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the .proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST September 13, 1999 ,._-~---------- -- Of \RTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-178 TO: Sue Kruse City Clerk 1'l()K- FROM: Michael W. Rumpf Director of Planning and Zoning DATE: August 18, 1999 SUBJECT: Hampshire Gardens Zoning Code Variance 99-009 (fence height) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the September 14, 1999 Planning and Development Board meeting. MWRjma Attachments , . " \ .,. '\ ,\ I. I ' \' 'I ~~EQUEST FOR PUBLISHING LEGAL NO . .~ES AND/OR LEGAL ADVERTISI:....lENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planninq and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: August 17.1999 BRIEF DESCRIPTION OF NOTICE OR AD: Planninq and Development Board Public Hearing Notice for (meetinq September 14. 1999) Hampshire Gardens. Inc. fence height variance request. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property (postmarked no later than Auqust 30. 1999), applicant and Director of Planninq and Zonina NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: August 30, 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: August 24.1999 APPROVED BY: (1) ~ U ~ (Originator) ~~~01 (2) f\-A (City Attorney) ~/eil1 (Date) ~ (/'1( 7'1 (Date) RECEIVED BY CITY CLERK: cS/.".'UI/ 'T.? COMPLETED: s:\projectsIPatrick\legal ----T---------m----- ~'0TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Hampshire Gardens, Inc. Request: Relief from Chapter 2, Zoning Section 4(J)(1), which limits the maximum height of a fence, hedge or wall placed within the building setback to 4 feet, to allow a 11foot variance or a 5 foot fence. 'IJ... Location: 2400-2500 S. Federal Highway Legal Description: Beginning at a point where the east RMlline of State Road #5 (U.S.#1), as recorded in road plat book 2, pages 182 thru 191, Public Records of Palm Bach County, Florida. Intersects the east-west quarter section line in section 33, T 45 S, R 43 E thence southerly along said EMI line a distance of 208.53 feet to the point of beginning and a cross cut in walk, thence continue along the same line a distance of 634.01 feet to a % inch iron pipe, thence easterly at an angle of 84 degrees 45 minutes 20 seconds measured from north to east, a distance of 705.72 feet to a 2 inch iron pipe in the west RMI line of the intracoastal waterway, thence northerly at an angle of 97 degrees 40 minutes 13 seconds measured from west to north, along said RMlline A distance of 642.52 feet to a 2 inch iron pipe, thence westerly at an angle of 82 degrees 05 minutes 57 seconds measured from south to west, a distance of 733.19 feet to the point of beginning containing 10.48 acres more or less. A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, September 14, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST -------r~-- -.-.-- .---------- ---