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Zoning Board approves 6-foot gate for Palm Harbor promenade at 402 N. Flagler Drive
Summary
The West Palm Beach Zoning Board of Appeals voted 5-0 Sept. 4 to grant a variance allowing a 6-foot gate—reduced from an earlier 8-foot proposal—within the front setback at 402 North Flagler Drive, implementing terms of a settlement involving Leisure Resorts LLC and the Waterview Towers Condominium Association.
The West Palm Beach Zoning Board of Appeals approved a variance Sept. 4 allowing a 6-foot high gated entry within the front setback along the Palm Harbor promenade at 402 North Flagler Drive, 5-0.
The board granted ZBA case 3554 after hearing from the applicant and city staff and after the applicant agreed to reduce an earlier concept from an 8-foot gate to a 6-foot arch. Jonathan Burgess moved approval; Dana Picotte seconded. The motion cited the application and testimony as competent, substantial evidence that the variance standards were met.
Joe Verdone, a land use planner with Carlton Fields representing Leisure Resorts LLC, told the board the property is unusually shaped and "we're trying to create visual cues that are strong enough that somebody walking along the promenade would see a fence and realize this is the terminus of their walk, turn around and go the other way after hours." Verdone said there are two gate locations: a north gate that meets setbacks and a south gate that would be a 6-foot arch and would encroach into the front setback.
Chris Kimberly, senior urban designer for the city, said staff and the applicant agreed to reduce the proposed height to 6 feet (the staff report originally listed 8 feet). Kimberly explained that within the 24-foot front setback the zoning code limits fences to 4 feet in height and that the proposed southern gate would provide 21 feet 9 inches of setback, which necessitates the variance. Kimberly also said staff mailed notice to property owners within 500 feet and recommended approval after finding the request met the variance standards in the applicable code section.
Board members asked whether the settlement required an 8-foot gate and sought clarity on the amount of encroachment. The applicant said both parties agreed to the 6-foot height; staff and the applicant confirmed the encroachment is 2 feet 3 inches into the 24-foot setback and that the southern gate's arch would reach 6 feet while the adjoining fence would be about 4½ feet.
No members of the public spoke and no written comments were entered into the record. After closing the public hearing, the board met in executive session to deliberate and then approved the variance by roll call: Deborah Peters, Dana Picotte, Jonathan Burgess, Christopher Hagen and Sherry Hack voted yes.
The variance implements terms of a settlement referenced by the applicant among the city, Leisure Resorts LLC and the Waterview Towers Condominium Association; the board's approval authorizes a 6-foot arch gate within the front setback at the specified location. The board had no other business and adjourned the meeting.
