LEGAL APPROVAL
...,.,......
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
September 27,2007
Philip & Dorothy Di Nizo
655 Riviera Drive
Boynton Beach, Florida 33435
Re:
For:
File No.:
Location:
Zoning Code Variance Request
Fence Height
ZNCV 07-004
444 SW ih Court
Dear Mr. and Mrs. Di Nizo:
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 07-004 which
represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 4,J.llimiting a fence to a maximum height of four (4) feet along both road frontages on
a corner lot when fence is located in front of the building line, to allow a 2-foot variance, and a six (6)
foot high fence on property in the R-l-A zoning district.. The City Commission approved this variance on
September 18, 2007.
Please include a copy of this letter and Development Order when you submit your application
for permitting at the Building Department.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
~<!J~
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Attachment: Development Order wjConditions of Approval
S:\Planning\SHARED\WP\PROJECTS\444 SW 7th Court\Fence 07-004\Approval Letter.doc
DEVELOPME. ; ORDER OF THE CITY COMMIS )N OF THE
, ~~J
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
444 SW 7th Court (Di Nizo Fence Variance)
APPLICANT'S AGENT:
Philip and Dorothy Di Nizo
~ -----
APPLICANT'S ADDRESS:
655 Riviera Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18,2007
!J
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4.J.1., limiting a fence to a
maximum height of four (4) feet along both road frontages on a corner
lot when fence is located in front of the building line, to allow a 2-foot
variance, and a six (6) foot high fence on property in the R-1-A zoning
district.
TYPE OF RELIEF SOUGHT:
LOCATION OF PROPERTY: 444 SW ih Court, Boynton Beach, FL / Lot 17 Fern Ridge Subdivision
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came 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 Applicapt
VHAS
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 "E" with notation "Included".
4.
The Applic~t'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 t
and conditions of this order.
DATED:
'1-c11 -07
~L 1n.
City Clerk
7.
Other:
S:\Planning\SHARED\WP\PROJECTS\444 SW 7th Court (Di Nizo)\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 444 SW ih Ct / Di Nizo Fence Variance
File number: ZNCV 07-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
P 2 f2
age 0
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\444 SW 7"' Ct (Di Nizo)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Exhibit "A" - Site Location"Map
444 SW 7th Ct
o 62.5 125
r-.....-_
250
375
500
I Feet
N
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s
Certified To : Philip T. Di Nizo Jr. anr' f")orothy M. Di Nizo, husband and wife;
Stella Suarez-Rita, PL, ,torneys' Title Insurance Fund, Inc.
Property Address: 444 SW 7th Court, Boynton Beach, FL '
Flood Zone: C (FIRM 120196 0003C 9-30-82)
Description:
Lot 17, FERN RIDGE, according to the Plat thereof as recorded in Plat Book 26,
Page 115, of the Public Records of Palm Beach County, Florida.
Permit No. '/ ~cr
REVIEWED BY ~
Structural
Electrical
Plumbing
Mechanical
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P' Safe Sight Comer
~ Area not in Compliance with Fence,Height
ruBYr.y NOTES,
\) THIS SURVEY IS HOT TO BE USED roR CONSTRUCTION OR DESIGN PURPOSES.
2) Londs shawn herean werll nat obskoded by this aFfIc:e far eo.se...ents,
rlght-af-wo.ys, 0.1' ather'lnstrunents af reC:ard.
3> No. undergraund Inpraven,nts lac:oted unless shawn.
4) All beorlngs ond dlstonc:es s....awn ....erean are plot Clnd neosured unless
otherwise nated,
5) Unless It beDrs the st9nllture Clnd the orlglnCll rCllsed S"Clt Dr Cl norldCl
licenses surveyor Clnd nllpper, thIs nClp/report Is for Infor...atlanCl' purposes
only ond Is not volld,
6) This flrns 'CedIFlc:oh 0.' AiJtharlzatlan' nunbe,. Is 'LD 6838'.
I r r. r N D
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EXHIBIT "D"
Applicant's Justification for Variance Request
(Response to Criteria A-G)
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 fence was already on the property when we purchased the house.
B. That the special conditions and circumstances do not result from the actions of the applicant.
The fence was already on the property when we purchased the house.
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
There are several corner properties in the immediate area with the same 6 foot fences plus
corner properties with hedges from 6 to 10 feet as shown on the pictures enclosed.
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.
Yes, other properties have 6 foot fences or hedges higher than 6 feet on corner lots.
E. That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
Sitting in our back yard without looking at a 12 foot yellow cement wall as shown in picture
labeled #1. Reasonable use for privacy. Hardship, I am sure it would be almost impossible to
sell our house, should we decide to do so in the future, without the privacy of the fence.
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.
The fence is not an obstruction on either side as it is approximately 30 feet from the road on
the north side and approximately 15 feet back from the road on the west side.
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 become 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 criterion does not apply as the variance request is for fence height, not lot area or
frontage requirements.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
4. Approval of Minutes
Motion
Vice Chair Hay moved approval of the minutes. Ms. Jaskiewicz seconded the motion that
unanimously passed.
5. Communications and Announcements
A. Planning and Zoning Report
1. Final disposition of the July 24, 2007 Planning and Development Board
meeting Agenda items.
Mike Rumpf, Planning and Development Director, reported the following items previously
reviewed by the board were approved by action of the City CommisSion:
· BO'yilton Bay Land Use Amendment and Rezoning. This was a major modification to
the project for infill for additional condominiums.
· Childrens Services Council Height Exception and Community Design Appeal request
which dealt with rooftop equipment not requiring screening.
7. New Business (Heard out of order)
Attorney Alexander administered the oath to all who would be testifying.
A. 444 SW 7th Court {Di Nizo - fence height}
Zoning Code Variance
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
444 SW 7TH Court (Di Nizo - fence height)
(ZNCV 07-004)
Philip and Dorothy Di Nizo
Philip and Dorothy Di Nizo
444 SW ih Court
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
4.J.1, limiting maximum fence height to four (4) feet
along both road frontages on a corner lot when the
fence is located in front of the building line, to allow a
2-foot variance, and a six (6) foot high fence on
property zoned ~-l-A Single-family residential.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
Chair Wische read the application.
Kathleen Zeitler, Planner, reviewed the request as presented in the staff report. She
summarized the background and advised adjacent property owners would not be impacted.
Staff believed there was a hardship and supported the variance request.
Chair Wische asked for public hearing.
No one coming forward, Chair Wische closed the public hearing.
The board asked if the hardship was created from a pre-existing condition. Ms. Zeitler
explained the Code changed in June 2005 and that was when the hardship arose. There
was discussion when the fence was placed. Staff had received conflicting information; the
applicant advised they were living at the location for 30 years and the record showed they
were there since 2005.
Dorothy Di Nizo, 655 Riviera Drive, advised she has lived at 655 Riviera Drive for 30 years.
She purchased the house on 4/4/04. Her son now resides at the home. The previous
owners put the fence up and they thought the fence came with the house. It was noted
there were other fences in the area.
Motion
Ms. Jaskiewicz moved to approve the request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 4,).1, limiting maximum fence
height to four (4) feet along both road frontages on a corner lot when the fence is located
in front of the building line, to allow a 2-foot variance, and a six (6) foot high fence on
property zoned R-I-A Single-family residential. Mr. Casaine seconded the motion that
unanimously passed.
Item 7...A.2J' was heard out of order.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
444 SW 7TH Court (Di Nizo - accessory
building) (ZNCV 07-005)
Philip and Dorothy Di Nizo
Philip and Dorothy Di Nizo
444 SW 7th Court
ReC;'.Iest for rr;/ief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
4.B.1., limiting an accessory building to the side
(interior) or rear yard, to allow an existing accessory
building to be located in the side corner yard adjacent
2. PROJECT:
3