AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
V-CONSENT AGENDA
ITEM E. 3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetimz Dates in to City Clerk's Office Meetimr Dates in to City Clerk's Office
0 July 17,2001 July 5, 2001 (5:00 p.m.) 0 September 19. 2001 September 5, 2001 (5:00 p.m.)
0 August 7, 2001 July 18, 2001 (5:00 p.m.) 0 October 2, 2001 Sep'ember 20, 2001 (5:00 p.m.)
0 August 21, 200 I August 8, 2001 (5:00 p.m.) 0 October 16, 200 I October J, 2001 (5:00 p.m.)
0 September 4,2001 August 22. 2001 (5:00 p.m.) 0 November 6,2001 October 17,2001 (5:00 p.m.)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda
under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote recommends that the subject
request be approved. No conditions of approval accompany this recommendation. For further details pertaining to this
request, including the supportive recommendation from staff, see attached Department of Development Memorandum
No. PZ 01-130.
EXPLANATION:
PROJECT NAME.
AGENT
OWNER.
LOCATION:
DESCRIPTION:
Animal Control Variance
Liz Roehrich
Animal Control, City of Boynton Beach
415 Northeast 4" Street
Request a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 4, J.2. to allow the construction of an eight (8) foot high
security fence in lieu of the six (6) foot height limit required by zoning regulations,
resulting in a two (2) foot high variance.
PROGRAM IMPACT
N/A
FISCAL IMPACT
N/A
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
Dt:VELOPMENT SERVICES DEPARTME:NT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-130
Staff Report
Community Redevelopment Agency Board
and City Commission
Meeting
Date:
July 10, 2001
File No:
ZNCV 01-014 - Fence height
415 NE 4'h Street - Animal Control Shelter
Location:
Owner"
City Of Boynton Beach
Project:
Erecting a security fence on a parcel zoned CBD
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4, J. 2. to allow the construction of an
eight (8) foot high security fence in lieu of the six (6) foot height limit required by
zoning regulations, resulting in a two (2) foot high variance.
BACKGROUND
The subject property is within the Robert Addition Subdivision and currently zoned CBD, Central
Business District. The property is fronting east on NE 4th Street, the rear to the west is along an
unimproved local access road, and further west is the right-of-way for Florida East Coast
Railway (see Exhibit "A" -location map).
The following is a description of the zoning districts and land uses of surrounding properties:
North: Automobile repair use on a property zoned C-4 ,
South: NE 3rd Avenue and farther south Bud's Chicken and Eckerd's Drug Store buildings
zoned CBD;
SE 4'h Street right-of-way and further east a city park, Bicentennial Park;
Unimproved local access road right-of-way, FEC railway right-of-way, and further west
industrial use properties zoned M1
East:
West:
The subject property is currently used as a shelter by the Animal Control Division of the
Boynton Beach Police Department. The facility provides shelter for impounded animals, more
specifically dogs. Recently, and through the time, there have been several reports of stolen
dogs from the shelter, despite it being surrounded by a six (6) foot high chain link fence (see
Exhibit "B" - survey). In order to provide a more secure environment for both the animals and
staff members, the applicant is proposing the construction of an eight (8) foot high steel picket
privacy fence to envelope the entire facility (see Exhibit "C" - proposed picket steel fence).
Erecting the proposed eight (8) foot high fence requires the subject variance.
City records show that three (3) properties within the Robert Addition Subdivision have been the
subject of setback variance approvals since 1969. Those variances have provided relief from
parking requirements, but none for fence height requirements.
Page 2
Animal Control variance
File No. ZNCV 01-014
ANALYSIS
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.
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 "D" contains the applicant's response to the above criteria.)
As in the review of most variances, staff must review an application to first determine if a
hardship exists, and second, if there are negative impacts upon the immediate neighborhood or
general public. This review involves the identification of unique characteristics of an individual
parcel, and the action that has generated the need for the variance. It also includes a review of
the alternatives available to avoid or minimize the variance, and whether the intent of the
regulation is being jeopardized.
In the subject case, unique circumstances beyond the control of the applicant (the City), do not
exist which have generated the need for the variance. Instead, the need for the variance is a
result of safety factors related to the nature of the use of the subject property, to the point of it
being the continual victim of theft/burglary
Therefore, in this review, staff has placed greater emphasis on review criteria "e" and "f' above,
which considers the magnitude of the subject request and checks for compliance with the intent
of the city's regulations, and impact on the area and public welfare. With respect to item "e",
given that the variance is for only two (2) feet in excess of the maximum height currently
allowed, and if the "reasonable" use of the building includes its safe operation with minimal
exposure to theft, then the request represents "the minimum variance that will make possible
the reasonable use of the land." Staff also concurs with the applicant with respect to satisfying
said criterion "f', that with the proposed fence. 'Yhe residents of our City will benefit from the
added security of this building. "
Page 3
Animal Control variance
File No. ZNCV 01-014
Staff believes that granting this variance will generate immeasurable impacts upon the
neighborhood considering that the property is buffered on the north and on the south by
commercial uses; on the east by a City park, and on the west by the railway right-of-way The
fence would also be compatible with other similar improvement as there exists an eight (8) foot
perimeter fence on the nearby telecommunication tower site.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein on which staff has placed greater emphasis on the
continued satisfaction with the intent of the City regulations, and the efficiency and quality of
city services, staff recommends that the subject request be approved, thereby granting relief
from the City code to allow the construction of an eight (8) foot high security fence, at a
variance of two (2) foot over the maximum of six (6) feet allowed by code.
No conditions of approval are recommended; however, any conditions of approval added by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E"
MR/dim
S:IPlanningISHAREDlWPIPROJECTSlAnimal Control ZNCV 01-0141STAFF REPORT.doc
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BOYNTON BEACH POLICE DEPARTMENT
Marshall B. Gage
Chief of Police
TO. Planning and Zoning Division
Animal Control Division
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
(561)742-6210
Fax: (561)742-6838
FROM: Liz Roehrich, Animai Control Officer
RE. Justification for Variance Request Application
The following information is in accordance with Step 5 of the variance application regarding the
installation of an eight (8) foot security fence at the Animal Shelter
A. The Animal Shelter is a continual victim of theftlburgulary Dogs (mDstiy pit bulls or bulldog-types)
are frequentiy stolen from our facility The stolen dogs are desirable due to their breed and used for
the purpose of intentional/illegal dog fights and related abuses. It is our responsibility to ensure the
safety of the impounded animals at our Shelter Several years ago. a citizen had her impounded dog
(a pit bull, but not a fighting dog) stolen from our facility and contacted the media in reference to the
lax security of our facility Of course, we appeared negligent due to the fact that our personnel and
police department were aware of numerous prior animal thefts and the City had not taken any steps
to correct the situation. [The citizen ultimately located her dog in West Paim Beach through diligent
efforts on the street, following many leads and posting a $200.00 reward. The juvenile who was in
possession of her dog stated he bought in on a street corner in Boynton Beach.]
Personnel safety is also a major concern. The granting of this request will enable our employees to
safely perform their duties in a secure environment. A Shelter employee was the victim of a violent
crime while alone at the Shelter
B. The above special conditions do not result from our actions, but our inactions in providing adequate
security to ensure the safety of impounded citizen property
C. The granting of this request will not confer any special privilege except the protection against abuse
or injury to our impounded animals.
D It is the City's responsibility to ensure the safety of impounded animals belonging to our residents.
E. The eight-foot fence is a necessity to provide adequate facility security
F The granting of this request will not be injurious to the area involved or detrimental to public welfare.
On the contrary, the residents of our City will benefit from the added security of this City building.
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-101
TO: Janet Prainito
City Clerk
FROM: Michael W Rump'" ~ ~
Director ofPlanni6i-Q;d)zoning
DATE: June 1,2001
SUBJECT: Animal Control- Fence Variance
415 Northeast 4th Street
Zoning Code Variance 01-014
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A budget transfer memo has been forwarded to the Finance
Department to cover the $414.28 fee for postage, review, and processing on this application.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney The requested variance is scheduled for the July 10,2001, Community Redevelopment
Agency Board meeting. Please advertise in the newspaper and notice to property owners
accordingly
S:\flanninglSHARED\WP\PROJECTS\Animal Control ZNCY OI.o14\Lcgal notice.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
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. Plannin~ and Zoning
PREPARED BY Michael Rumpf DATE PREPARED' June 1. 2001
BRIEF DESCRIPTION OF NOTICE OR AD' Zoning Code Variance for Animal Control
Division to allow an ei~ht (8) foot high chain link fence at the Animal Control office in the CBD
zoning district. Commuriity Redevelooment Agencv Board meeting to be held on Julv 10. 200!.
at 6.30 O.m. at the Commission Chambers. City Hall. 100 E. Bovnton Beach Blvd.. Boynton
Beach Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS. (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO' All orooertv owners (oostmarked June 25. 200n within 400 foot
radius of the subiect orooertv. aoolicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH. The Post
PUBLISHED' June 25. 2001
LAST DAY TO FAX TO THE PAPER BY 3'00P.M.. June 22, 2001
APPROVED BY
(l~lj;it.v f Mlk.(
(Originator)
tU.....PF
()~/os-/o/
.
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED'
NOTICE OF PUBLIC HEARIN
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY 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
City of Boynton Beach
Request:
Relief from Land Development Regulations Chapter 2, Zoning
Section 4.J.2, to allow an eight (8) foot high chain link fence,
which is a two (2) foot variance from the six (6) foot high fence
permitted in the CBD zoning district.
Location:
415 Northeast 4th Street Boynton Beach, Florida
Legal.
Lots 4, 5,and 6, Block 6, Robert Addition to Town of Boynton
according to the Plat thereof as recorded in Plat Book 1, Page 5 I of
the Public Records of Palm Beach County Florida.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 10,2001 AT 6:30 P.M.
All interested parties are notified to appear at said hearings 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 Community Redevelopment Agency Board with respect to any matter considered
at these meetings 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
June 25, 2001