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.
Body
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 courts) will now encroach 19.25 feet into the front yard, which increases the existing legal nonconformity of the fence encroachment within the front yard. A waiver is required to approve the additional encroachment.
Waiver Findings
Pursuant to LDR Section 2.4.11(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
The Delaire Neighborhood is a gated community with a Private Country Club inside the site. The HOA has requested this adjustment as part of improvements to the neighborhood. A portion of the proposed 10-foot fence in the front yard setback is adjacent to Live Oak Boulevard, but does not result in visual impediments to traffic or pedestrians. The height of the proposed fence is regulation size for the pickleball and tennis courts and necessary to prevent the ball from going out of play. The requested waiver does not affect the provision of public facilities on site, as the courts are located outside of the 10-foot general utility easement within a private community. The waiver will not grant a special privilege, as similar waivers have been granted for fence heights to exceed the maximum height allowed for recreational purposes.
The applicant has provided a justification statement for the request, which is attached.
City Attorney Review:
Approved as to legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Resolution No. 85-24 will become effective immediately upon adoption.