Boca Raton board approves 6‑foot front‑yard fence at 400 Paloma Ave., overruling staff recommendation

The Planning and Zoning Board on May 1 approved a variance allowing portions of fencing up to 6 feet in height in the front yard of the Sullivan residence at 400 Paloma Avenue, despite staff’s recommendation to deny the request.

Tory Boone, zoning manager, told the board that the property is a roughly 0.32‑acre single‑family lot in the historic Old Floresta neighborhood. Staff reported a code enforcement case initiated in January 2024 after screening vegetation was removed and a 6‑foot fence constructed in the front yard without required approvals. Staff concluded the application did not meet the criteria for a variance and recommended denial.

The petitioner’s representative (identified in the hearing as Micah Belli) presented historic permit documents and surveys they said create ambiguity in the file, and argued the fence and related elements were part of a 1995 renovation and an integral architectural feature of the house. The petitioner agreed to remove any sections of fencing located in the city right‑of‑way and told the board the owner would reapply to the Historic Preservation Board for reapproval at the approved height if required. The petitioner also said the owner would replace the fence like‑for‑like if it ever needed replacement.

Several neighbors — including Gerrard (Gerard) Legor and Richard Murdoch — spoke in support, saying the fence fits the neighborhood character, does not create traffic visibility issues at the corner, and has long been part of the streetscape. Speakers said most neighbors support the fence and characterized the code enforcement complaint as coming from a single resident.

During discussion board members debated precedent and the policy rationale for limiting front‑yard fence heights to four feet. Some members said the fence enhances the house and historic fabric of the district; others expressed concern about sightlines and setting policy precedent. After motion and second, the board recorded a roll‑call vote: Mr. Morgan — yes; Mr. Dornblazer — yes; Mr. Mitchell — yes; Chair Seville — yes; Mr. Salon — no. The motion carried 4–1, and the variance for portions of fencing to be 6 feet in the front yard was approved.

Staff noted that if the fence remains at 6 feet the property will require Historic Preservation Board review. The board’s approval included the understanding that fencing within the city right‑of‑way would be removed and that the owner agreed to maintain like‑for‑like replacement if the fence is ever replaced. The board’s vote authorizes the variance; any subsequent Historic Preservation Board approvals or permit inspections remain separate processes.