Plantation planning board legalizes and approves front‑yard wall and gate at 11401 Southwest Third Street

The Plantation Planning and Zoning Board on March 4 approved four practical‑difficulty waivers to allow existing columns, a masonry wall with aluminum fencing, mechanical gates and related lighting within the front street setback at 11401 Southwest Third Street, permitting the property owner to repair a section of wall damaged in a vehicle crash in November 2023.

The waivers addressed (1) front street setback and a height increase for a fence/ornamental fence on a masonry wall, (2) reduction of the required five‑foot planting setback and omission of required live decorative greenery, (3) allowance for more than 40 percent of the front setback wall surface to be visually obstructed, and (4) relief from the requirement to plant mulched hedge material along the outboard side of the wall. The board voted on each request individually and approved all four motions by roll call, with the outcomes recorded by the clerk.

City planning staff presented the case and showed photographs, surveys and permit search results. Planner Shamika Butts told the board the lot is approximately 56,203 square feet and is developed with a two‑story, roughly 5,287‑square‑foot single‑family home, garage and pool. Staff showed historical photos, said portions of the ornamental work did not have permits in city records, and noted an open code case for a wall “in disrepair” after the crash that left the owner seeking repairs. Staff also explained the property is zoned RS‑1EP and identified the specific code sections implicated in the waiver requests.

Owner Andrew Garnett told the board he bought the house in 2013 and that a vehicle struck the wall on Nov. 7, 2023. Garnett said the gate, columns and ironwork preexisted his ownership and that he applied for permits to bring the work into compliance once he learned some permits could not be found. He asked the board to allow him to restore the wall to its pre‑accident condition.

Neighbors and others who spoke during public comment supported allowing the owner to repair the wall. Anita Manning, a nearby resident, said Garnett had been a “great guy,” that the wall matches neighboring properties, and that replacing the wall as it existed would be more attractive and help with security concerns. Assistant City Engineer Leonard Doniger cautioned that even if the board grants zoning relief, a future building permit will be reviewed by engineering and may be denied if gate equipment does not meet required clearance from the edge of pavement; he said a gate typically must be about 14.7 feet from the pavement edge for safe operation.

Board members asked staff whether the approvals would resolve the outstanding code case; staff said approval of the waivers and subsequent issuance of building permits consistent with the board’s order would resolve the cited “wall in disrepair” matter, but any permit will still be subject to normal building and engineering review. Board members also discussed how prior work on the property had been permitted through Broward County before Plantation’s annexation and that some historical permits could not be located in the city’s files.

On the motions, the board approved each waiver by roll call. For the first request (height/columns and gate within front setback) the vote was 5‑2 (Yes: Stahl, Demby Burger, Corman, Goldstein, Delagrange; No: Gelfand, Freeman). The second, third and fourth requests were approved in subsequent roll calls (each approved by majority; the board amended the board order language so the final order would specify exactly what is allowed, effectively legalizing the existing decorative columns, fence and gates as approved by the board and subject to the conditions the board attached). The board repeatedly conditioned approvals on staff comments included in the staff report, and in discussion clarified the board would modify the final order to precisely reflect what was being legalized.

The board’s action grants the owner relief from Plantation land‑use code provisions that normally limit solid front setbacks and column heights and require on‑site planting between a wall and the property line. The approvals do not bypass building or engineering review; the city will still require permits and may deny or require changes (for example, to gate location or mechanics) if engineering standards are not met. Staff directed the applicant to work with the building department to file corrected permit documentation and surveys so the final permit review can proceed.

The board closed the item after voting and instructed staff to draft an order that narrowly legalizes the existing features subject to the board’s conditions and normal permit review.