TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: April 16, 2024
Title
RESOLUTION NO. 85-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO CONSTRUCT A TEN-FOOT FENCE IN THE FRONT YARD OF THE PROPERTY LOCATED AT 4645 WHITE CEDAR LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 85-24, a waiver request to Land Development Regulation (LDR) Section 4.6.5(C) to place a ten-foot fence in the front yard located at 4645 White Cedar Lane.
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Background:
The subject property is zoned Single Family Residential (R-1-AA) with a Land Use Map designation of Community Facilities (CF) and is located within the Delaire Country Club located at 4645 White Cedar Lane. On October 2, 2023, a Level I Site Plan Modification was approved administratively for the partial conversion of an existing tennis court to create four new pickleball courts. LDR Section 4.6.5(C) Height restrictions, states, " walls, fences, or hedges located in a required front yard or street side yard shall not exceed six feet in height." The 10-foot fence that surrounded the tennis court encroached into the front yard setback by 5.38 feet. The fence is proposed to be reused to enclose the four new pickleball courts. The pickleball courts are approximately 2 feet longer and 10 feet wider than the previous tennis court. In addition, the pickleball courts were shifted approximately 10.75 feet to the north to accommodate golf cart parking. Pursuant to LDR Section 1.3.4(B)(1), "a nonconforming use on land shall not be enlarged, increased, nor extended to occupy a greater area of land." As a result of the changes, the 10-foot fence in the proposed location (surrounding the new...
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