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West Palm Beach ZBA deadlocks on gate-height variance for Bunker Ranch property; case continued
Summary
The Zoning Board of Appeals split over a variance request to leave a 5-foot driveway and pedestrian gate at 344 Bunker Ranch Road. A motion to approve failed for lack of the required four 'yes' votes; the board voted to continue the case to Feb. 5, 2026, to allow the applicant to submit additional evidence.
A split Zoning Board of Appeals on Thursday failed to grant a variance that would allow a homeowner to keep a 5-foot driveway and pedestrian gate at 344 Bunker Ranch Road, and instead continued the matter to Feb. 5, 2026.
Fernando Rodriguez, the applicant, told the board the gate was manufactured and installed at 5 feet after permit documents were revised to 4 feet during plan review. "They installed a 5 foot gate in lieu of the 4," Rodriguez said, describing the error as a miscommunication and saying repair would impose "a significant amount of financial hardship" on him.
City planner James Grama recommended denial, saying the application "does not meet all the standards, so we have to recommend a denial." Grama cited construction defects and gaps in the installed gate, and concluded the hardship arose from actions by the builder and engineer rather than from unique circumstances of the property.
During discussion, board members debated neighborhood context and whether similar precedents existed east of U.S. 1. Board member Jonathan Burgess said the neighborhood is changing and "we're gonna be looking at more applications of increased fence and gate heights in general" because of elevation and flooding concerns. Other members said they were wary of granting relief for what appeared to be a contractor error.
Burgess moved to grant the variance limited to the driveway sliding gate and pedestrian gate; the motion attracted three yes votes but fell short of the supermajority required for approval. "The motion fails 3 to 2, as we require 4 votes," the chair said after the roll call.
Following the failed approval, the board voted to reconsider the action and then unanimously approved a motion to continue the case to the Feb. 5, 2026 ZBA meeting to allow the applicant to provide additional evidence, including contractor quotes and further neighborhood precedent documentation. Rodriguez said he is unavailable for the January meeting but is willing to return in February.
What happens next: The applicant may submit additional materials for the Feb. 5 hearing. If the board reaches a different conclusion, any final denial could be appealed to circuit court by the applicant.
Reported from the Dec. 4, 2025 meeting of the City of West Palm Beach Zoning Board of Appeals.
