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
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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'
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LOCATION MAP,
HAMPSHIRE GARDENS
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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
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~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
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