REVIEW COMMENTS
Meeting
Date:
File No:
Location:
peN:
Agentl
Owner:
Project
Name:
Variance
Request:
Property
Location:
North:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-132
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION
July 11, 2006
ZNCV 06-008
On the west side of West Industrial Avenue, north of NW 8th Avenue
08-43-45- 20- 20-000-0000
Merle Denbesten / Boynton Industrial Park POA, Inc.
Boynton Industrial Park North - Buffer Wall
Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot
steel privacy fence along the west property line of Boynton Industrial Park North, in
lieu of the required six (6) foot stucco masonry buffer wall required to separate an
industrial zoning district from an abutting residential zoning district.
The site is located west of 1-95 and north of Boynton Beach Boulevard (see Exhibit
"A" Location Map). The subject property, totaling 0.078 acre, is currently zoned M-
1 (Light Industrial) and classified Industrial (I). The subject property is legally
described as the west two (2) feet of the Plat of Boynton Beach Industrial Park
North, less the north 332.40 feet. More specifically, the subject property is a strip
of land two feet wide by 1,705 feet in length which is located between the eastern
limits of Laurel Hills Subdivision (3rd and 4th Additions) and the 60 foot right of way
of West Industrial Avenue, at the western limits of Boynton Industrial Park North
(see Exhibit "B").
The following is a description of the land uses and zoning designation of the
properties that surround this site:
Right-of-way (285 feet in width) for Boynton Canal (C-16), farther north (across
canal) property classified Industrial (I), zoned Planned Industrial District (PID) and
developed as industrial uses;
Page 2
Memorandum No. PZ 06-132
ZNCV 06-008
South:
Tract "B" including a 50 foot easement along the west property line of Boynton
Industrial Park classified Industrial (I), zoned Light Industrial (M-l), and developed
as industrial;
East:
Right-of-way (60 feet in width) for West Industrial Avenue, and farther east
property classified Industrial (I), zoned Light Industrial (M-l), and developed with
industrial uses as Boynton Industrial Park North; and,
West:
Property classified Low Density Residential (LOR), zoned Single Family Residential
(R-1A), and developed as a single family residential subdivision (Laurel Hills, 3rd
and 4th Additions).
NATURE OF REOUEST
The subject property is a two (2) foot strip of land platted as part of Boynton Beach Industrial
Park North. The subject property lies between a residential subdivision (Laurel Hills) and a 60
foot right-of-way (West Industrial Avenue). Currently, there is a masonry buffer wall located on
the subject property, but over the years it has fallen into disrepair and must be replaced. The
Boynton Industrial Park Property Owners Association, Inc., owner of the subject property, is
requesting a zoning code variance to seek relief from Chapter 2, Section 4.L. of the current Land
Development Regulations which states as follows:
L. BUFFER WALLS. For new construction or major modification to existing developments,
where a commercial and/or industrial district abuts a residential district, a solid, stucco
masonry wall painted on both sides at least six (6) feet in height shall be located within
the required side and/or rear yards except with respect to corner lots, said buffer walls
shall be required only on interior lot lines. Said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shall be setback two (2) feet from adjoining property lines.
The applicant explains that due to the narrowness of the subject property and the existing
easements, a masonry wall can not possibly comply with the current setback requirement of two
(2) feet without encroaching into the adjacent FPL easement located within the right-of-way.
The applicant is proposing to construct a steel privacy fence (in lieu of the masonry wall) within
the two (2) foot wide strip owned by the Industrial Park, in order to comply with the setback and
encroachment restrictions of buffer walls.
Industrial properties, due to the intensity of their uses, are required to provide for additional
buffering to minimize land use conflicts when located adjacent to residential neighborhoods.
Landscaping elements, including dense vegetation, berms, and buffer walls, can provide
effective barriers, and mitigate the impacts of unattractive views, vehicle headlights, and noise,
without sacrificing the functional necessities of the industrial site.
Page 3
Memorandum No, PZ 06-132
ZNCV 06-008
The buffer wall is required only along the west property line of the Boynton Industrial Park North
where it is adjacent to residential lots. The west property line of the Boynton Industrial Park
North runs north and south, parallel with West Industrial Avenue, for a length of 1,705 feet. The
west property line also comprises the rear property lines of the adjacent residential lots in Laurel
Hills. The buffer wall is required to be at least six (6) feet in height and located at least two (2)
feet from the property line so that it can be maintained without trespassing onto adjacent
properties.
The applicant is proposing to construct a six (6) foot steel fence in lieu of the required minimum
six (6) foot masonry wall. The variance request is to the construction material of the buffer wall,
and is necessary to comply with the required setback and prevent encroachment into an
easement.
The proposed steel fence is manufactured by Basteel Perimeter Systems (www.Basteel.com) and
consists of precision-formed, high strength steel posts, rails, and panels, all galvanized for
superior corrosion resistance, with a custom bonded color-coat finish intended to resist fading,
chalking, and peeling (see Exhibit "e"). This low maintenance fence is hurricane-rated for 140
miles per hour wind load and consists of a unique, alternating panel design which promotes air
flow, yet provides screening. The panels are finished on both sides for an equally attractive
front and back of the fence. The applicant proposes a six (6) foot white steel fence to replace
the worn masonry louvered fence/wall. A few sections of the proposed fence have been
installed on the subject property for inspection purposes.
BACKGROUND
Boynton Beach Industrial Park North was platted in 1981 (Plat Book 43, Pages 20-22) and
includes the following note under Dedication and Reservation 2. Easements C. "The 2.00 foot
limited access easement along the west line of the plat as shown hereon is for the construction
and maintenance of a buffer wall and is hereby dedicated to the Boynton Industrial Park
Property Owner's Association, Inc. and is the perpetual maintenance obligation of said
Association". Within the area reserved for the buffer wall is a two (2) foot wide limited access
easement which is indicated on the recorded plat and survey submitted.
The applicant indicates that the existing masonry (louvered) buffer wall was constructed in the
early 1980's and met the zoning code requirements at the time. However, the existing buffer
wall does not comply with the two (2) foot setback from the adjoining residential property which
is required by the current code. Therefore, the existing buffer wall is considered to be a
nonconforming structure by today's standards. A nonconforming structure may undergo normal
maintenance and repair and remain nonconforming. However, total replacement of the wall is
necessary, and a new wall is required by the code to comply with current requirements.
Justification for the requested variance was submitted by the applicant (see Exhibit "D"). The
applicant's justification statement indicates that due to the narrow (2 foot) width of the subject
property, and an adjoining FPL utility easement within the right-of-way, replacement of the
existing masonry wall with another masonry wall would require large continuous footers which
would either not comply with the two (2) foot setback, or would encroach into the FPL easement
Page 4
Memorandum No. PZ 06-132
ZNCV 06-008
and right-of-way, or both. FPL's letter states that no encroachment into the easement will be
allowed (see Exhibit "E''). The City Engineer has reviewed the applicant's request and finds the
following: (1) that the repair or replacement with a masonry wall is impractical due to the
limited width (two-feet) of the limited access easement and its location at the edge of a FP&L
easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is compatible and
meets the intent of the requirement to screen the industrial uses from the adjacent residential
uses (see Exhibit "F").
ANALYSIS
The Board has the authority to grant a variance that will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the city ordinance would result in
unnecessary and undue hardship. However, the code states that a zoning code variance cannot
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.
The narrow strip of land on which the subject buffer wall is required to be installed lies
between a residential subdivision and a 60 foot right-of-way. The two (2) foot wide strip
of land contains a two (2) foot limited access easement for maintenance of the required
buffer wall. The plat for Boynton Industrial Park indicates that the two (2) foot limited
access easement is included within a six (6) foot Florida Power & Light utility easement.
Replacement of the existing masonry wall is necessary due to disrepair. However,
replacement with a similar masonry louvered wall would use of a crane, which staff
understands to be precluded by the existence of overhead power lines within the FPL
easement. Current code requirements regarding setbacks and easement encroachment
cannot be met without the requested variance due to site constraints.
b. That the special conditions and circumstances do not result from the actions of the
applicant
At the time the existing buffer wall was constructed, it complied with code requirements.
Due to code revisions since then that stipulate that "said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shall be setback two (2) feet from adjoining property lines", a variance to this provision is
required, and is not due to 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.
This site and it's constraints present a unique situation that is not applicable to others in
the same zoning district. The granting of the variance will not confer any special privilege
on the applicant that is denied by the ordinance to others.
Page 5
Memorandum No, PZ 06-132
ZNCV 06-008
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.
Literal interpretation of the provIsions of the ordinance regarding the buffer wall
requirements would present an undue hardship on the applicant. Due to the two (2) foot
width of the subject property and the adjacent utility easement, it is not possible for a
masonry wall to comply with the two (2) foot setback, and not encroach into the adjacent
utility easement. The utility provider (FPL) has denied permission to encroach into the
easement (see Exhibit "E").
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
The applicant is requesting the minimum variance, in that the variance requests a buffer
wall of an alternative material other than masonry, to allow the proposed buffer wall to
comply with the required setback and not encroach into the adjacent utility easement.
The applicant is proposing to construct a six (6) foot high steel fence which is hurricane-
rated for 140 mile per hour wind speeds, in lieu of a masonry wall.
f. That the granting 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.
The granting of the variance will meet the general intent and purpose of the ordinance,
which is to buffer industrially-zoned property from residentially-zoned property with a
continuous barrier. Granting of such variance will not be injurious to the area or
detrimental to the welfare of the public.
g. Variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of
such property would cause the adjacent property or structures to becoming
nonconforming. Applicant shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of
additional property.
This criteria is not applicable to the requested variance. The requested variance is to the
building materials of the required masonry wall, not a variance to the minimum lot area or
lot frontage requirements.
RECOMMENDATION
Staff recommends approval of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a steel fence in
lieu of the required minimum six (6) foot high stucco masonry buffer wall to separate an
industrial district from the abutting residential district. It is the position of staff that the
Page 6
Memorandum No, PZ 06-132
ZNCV 06-008
applicant has demonstrated that this request represents an undue hardship or the minimum
necessary to make possible the reasonable use of the property. The purpose of the buffer
requirement is to provide a visual and noise barrier between the residential and industrial
properties. Due to site constraints, there are no alternative solutions which comply with the
code requirements without the need for the requested variance.
Staff conditions and any other condition(s) recommended by the Community Redevelopment
Agency Board or the City Commission will be included in Exhibit "G" - Conditions of Approval.
S:\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton industrial Park North\ZNCV 06-008\staff report buffer wall.doc
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BOYNTON INDUSTRIAL PARK POA, INC.
250 N.E. Dixie Highway
Stuart, FL 34994
April 25, 2006
City of Boynton Beach
Planning & Zoning Division
P.O, Box 310
Boynton Beach, FL 33425-0310
Subject: Code Variance - Buffer Wall- West Industrial Avenue
Gentlemen:
Please consider the following prevailing conditions and circumstances that prohibit
compliance with existing City of Boynton Beach Codes; Chapter (2) Section (4)
Reference (L) in replacement of existing decr:epit buffer wall.
A. Strip of land, owned by BIPPOA on which subject buffer wall is required to
be installed, is only two (2') feet wide and is l<Xiated at the western
extremity of a long standing FPL Utility' Easement ER No.7034 granted
August 19, 1961 (O.R.B. 672, Pgs. 40-41) and the eastern extremity of
Laurel Hills Third Addition (Plat Book 23, Page 126) and Fourth Addition
(Plat Book 23, Page 142),
B, The dedicated property on which the present buffer wall was constructed
during early 1980's by developer complied with the codes in existence at
that time. Allotted space is inadequate for compliance with current codes
without variance.
C. We are unaware of any similar circumstances in zoning district that would be
adversely affected by requested variance.
D. Code requirements for building a concrete, masonry or stucco wall without
encroaching on another property or easement is not possible within the 2'
strip of land owned by BIPPOA. Enclosed please find copy of a letter from
Florida Power & Light, dated April 7, 2006 and under the signature of
Joseph O'Hagen, which denies any encroaclunent upon their easement. This
obviously produces an Wltenable hardship ,",pon land and BIPPOA.
EXHIBIT "D"
"t" I I "I' "'" \1,1,1
.. \I. J" V r I. j
Page 2
E. The only alternative we have found meeting the 140 mph hunicane code
and feasible to install within the 2' space is the Basteel shadow box buffer.
wall/fence. By granting variance requested a very aesthetically pleasing and
protective buffer intended by . the code can be realized. .
F. Chapter (2), Section (4), Reference (L) is achieved and is in no way
potentially detrimental of public welfare.
G. There is no practical alternative land available for acquisition by BIPPOA
on which a buffer wall that meets existing codes could be constructed.
We appreciate your consideration in granting our variation request.
Sincerely,
~ .
Merle DenBesten, Vice President
AFFIDA VlT:
This is to certify that no conditions exist whereby additional adjacent land could be
acquired by BIPPOA for purpose of constructing of Buffer Wall between Laurel
Hills Third and Fourt dditions and West Industrial Avenue.
Signed: Vice President for
Boynton Industrial Park Property Owners Association, Inc.
SWORN AND SUBSCffiED BEFORE ME THIS ;J 5 TH DAY Of J...... ,./ ,
2006 rIfL4-
NOTARY:
Commission Expires:
eAp r, 24, 2006~' 1: 21 PM2M2~VF"'IEER SE
~ ..1Nt:. L~
No, 3035~ p, .,
-
F=PL.
FlarWI hMr. utM CoIIpMJ, '.0. ...14Illl...... ......... ..
EXHIBIT "E"
April 7, 2006
Mr. Richard Ko~ll. Prmdent
Boynton Beacb Property 0wDeI:S Association, Inc.
2S0 N. E. Dixie Highway
Stu8d, FL 34994
RE: Use of Florlda Power & Light EMement
De. Mr. KozeJl:
YC)Ut Association has aaed penniS$ion to encroadl into the easement for the
trJbtmi~ion right-ot-way liong the 'west 3idc ~f West Industrial Avenue in Bo)'D1On
Beach..
At present. the easement is mucll natrOweJ: in 'Widtb than the standanb ~ use for
acquiring tbC$C property rights. The opcratioos engineers ofFlOIida Power & Light
Company would not be able to repair OJ: Rplace the existing pole strud:u1'cs ifwe allowal
the A$sociation to encroach by Wee feet into the f:alleIDeDt for a sttuctm:aJ footiDs for the
new fence. At p-esem there is only . four foot scpamion from the existing feoce to the
wooden pole sttuctw'e$.A
, Florida Power & Light CornplmY cannot allow the use of this rigbt--of-way for the
proposed fence. Pleese consider Othf:f options for a feMe without intrudi1lg ~ the
easement.
If you need any additional blfurmation, please let me know.
S~ly,
Florida Power &; Light Company
t!r-. . t.)'7?lt1j ~ 100,
Joseph O'Hagan
Corporate Real Estate
Copy; Michael W. Rumpf, DirectQr ofPlaoning and Zoning
Il1O WI. GJIMIII c..".",
EXHIBIT "F"
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-069
TO:
Ed Breese
Principal Planner
FROM:
Kathleen Zeitler
Planner <i
H. David Kelley, Jr., PEIPSM )~:;//
City Engineer
DATE:
June 23, 2006
SUBJECT:
Buffer Wall Variance
Boynton Industrial Park North
Pursuant to your e-mail dated yesterday, we have reviewed your request in regards to the installation of a
metal fence in lieu of a "stuccoed masonary wall and/or a engineered pre-cast concrete slat wall, etc.
Since the record plat reflects only a 2-foot Limited Access Easement (LAB) between the record plat
property line and the edge of a FP & L easement, a replacement wall of this type and size would be
impractical. Therefore, the repair/replacement of the required masonry material is not recommended.
Upon review the material for the proposed Basteel Perimeter System steel wall, we find it to be
compatible and meets the intention of the original development condition of a screen wall between this
industrial development and the residential units to the west. Maintenance will also be an added benefit in
that it will require less effort. Therefore, it finds this alternative acceptable to the original condition.
If you have any questions regarding this matter, please me at telephone extension #6988.
xc: Laurinda Logan, PE, Senior Engineer
File
S:\Engineering\ Memorandums\Memorandums 2006\06-069 KELLEY- Industria! Park North Buffer Wall Varience,doc
EXHIBIT "G"
Conditions of Approval
Project name: Boynton Industrial Park North Buffer Wall
File number: ZNCV 06-008
Reference'
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Industrial Park North ZNCV\ 06-008\COA,doc
Boynton Industrial Park North
Buffer Wall Variance
Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot steel
privacy fence along the west property line of Boynton Industrial Park North, in lieu of
the required six (6) foot stucco masonry buffer wall.
L. BUFFER WALLS. For new construction or major modification to existing
developments, where a commercial and/or industrial district abuts a residential
district, a solid, stucco masonry wall painted on both sides at least six (6) feet in
height shall be located within the required side and/or rear yards except with
respect to corner lots, said buffer walls shall be required only on interior lot lines.
Said buffer walls shall not abridge any easement rights or be
constructed over any existing utilities in any easement area and shall
be setback two (2) feet from adjoining property lines.
The subject property is a two (2) foot strip of land platted as part of Boynton Beach
Industrial Park North. The subject property lies between a residential subdivision
(Laurel Hills) and a 60 foot right-of-way (West Industrial Avenue).
Due to the narrowness of the subject property and the existing easements, a masonry
wall can not possibly comply with the current setback requirement of two (2) feet
without encroaching into the adjacent FPL easement located within the right-of-way.
The applicant is proposing to construct a steel privacy fence (in lieu of the masonry
wall) within the two (2) foot wide strip owned by the Industrial Park, in order to
comply with the setback and encroachment restrictions of buffer walls.
The applicant proposes a six (6) foot white steel fence to replace the worn masonry
louvered fence/wall. This low maintenance fence is hurricane-rated for 140 miles per
hour wind load and consists of a unique, alternating panel design which promotes air
flow, yet provides screening.
The City Engineer has reviewed the applicant's request and finds the following: (1)
that the repair or replacement with a masonry wall is impractical due to the limited
width (two-feet) of the limited access easement and its location at the edge of a FP&L
easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is
compatible and meets the intent of the requirement to screen the industrial uses from
the adjacent residential uses.
It is the position of staff that the applicant has demonstrated that this request
represents an undue hardship or the minimum necessary to make possible the
reasonable use of the property. The purpose of the buffer requirement is to provide a
visual and noise barrier between the residential and industrial properties. Due to site
constraints, there are no alternative solutions which comply with the code
requirements without the need for the requested variance.
Staff recommends approval of this request for a variance from the City of Boynton
Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls,
to allow a steel fence in lieu of the required minimum six (6) foot high stucco masonry
buffer wall to separate an industrial district from the abutting residential district.
Issues with Buffer Wall Variance
Variance to type of materials (masonry vs steel) and type of barrier (wall vs fence).
Would it be better to request a variance to the 2 foot setback instead and build a masonry
wall?
Can footer for masonry wall be within the 2' limited access easement without encroaching
into the adjacent FPL easement in R/W or the adjacent residential lots?
NO. TYPICAL DETAIL SHOWS FOOTER IS 3 FEET WIDE
WOULD EXCEED 2 FOOT LAE WIDTH AND ENCROACH FPL EASEMENT.