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444 SW 7th Court 07-004 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 444 SW 7th Court (Di Nizo Fence Variance) Development P&Z Building Engineering Occ. License Deputy City Clerk 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 TYPE OF RELIEF SOUGHT: 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. LOCATION OF PROPERTY: 444 SW 7'h 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: 7. 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 Applic9))t ~HAS 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 Applicg.r::lt'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 and conditions of this order. Other: ~m. City Clerk DATED: Cj -c!) I - 0 7 S:\Planning\SHAREDlWP\PROJECTS\444 SW 7th Court (Oi Nizo)\OO.doc EXHIBIT "E" Conditions of Approval Project name: 444 SW th 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: I I I To be determined. ~ I 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 ~-- 250 375 500 I Feet N w.' s Certified To: Philip T. Di Nizo Jr. and Dorothy M. Di Nizo, husband and wife; Stella Suarez-Rita, PL; Attorneys' 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. .,-., - ~C( REVIEWED BY ~ Structural Electrical Plumbing Mechanical ~ ~(Q)~1FD={] . SCALE '''0:30' . ps.z Dr ~.~~; ~:::( ,:"i;e Police (;tk~r ,(.../8~. ~'..st)"E: .~ .R-) ~ S.W. .2TH CT 22' PAVED 50'R/W i~' U~:t'ssed Dy ._._.". .'1._.____.___..__ -~-\,' 1'0'11/'" l/iV:'!VVL1 ;1/1 nus pt.'rn (5!laIF@ntorrn '. :lh ',:' I ~O~!llllfl th~d~~ )~!-:!'1~i: U! '. tn :c td: o w ~ ~I ii ~v ~ ~ ~ OC <( a... ~ LO 65.0 c o f~ T~ T 6'WOOD T FENCE TYP. 19.1J' b cO N ONE STORY RESIDENCE #44 65.0' LOT 18 I~ '-.. I~ 6 ft. Wood Fence I .'.... "!I.. . ~." CONCRETE .... ~ B.O' " . POOL DECK." :..:..".. .~ ~ . ,411. . . .~.~~..~ "'21~' ~ 0 ----------------- -------~-- ANCHOR 89.S2'00"W 110.00 ----------Lor-ls------WOOD POLE ~ ------~~pj---- W :::l LOT 1 5 N ~ p Safe Sight Comer ~ Area not in Compliance with Fence Height ru&Yr.y NOTES, \) THIS SURVEY IS NOT TO BE USED roR CONSTRUCTION OR DESIGN PURPOSES. e) Lo.nds shown hereon wer, not o.bstro.c:ted by this oHIc:e for eo.se"ents, rlght-of-wo.ys, or other'lnstruMents of rec:ord. 3) No underground IMpro"eM,nts loco.ted unless shown. 4) All beo.rlngs o.nd dlsto.nce5 5hown hereon ore plot and Measured unless otherwise noted. 5) Unless It beors the slgn"ture o.nd the Drlglnol ro.lsed seo.l of 0 flor-Ida licenses sur-"eyor- o.nd MlIPper, this Mop/report Is for Infor...atlDnal purposes only Dnd Is not "Dlld. 6) This flr-,.,s 'Certlflc:o.te 0' Authorization. nUf'lber Is 'LIl 6838'. I F r. r N Il f" r:- ~ rlfn~ur:-n ('"I nno 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.