Boca Raton zoning board approves 6‑foot front‑yard fence variance in Old Floresta, 4–1

The Boca Raton Planning & Zoning Board on May 1 granted a variance allowing portions of a front‑yard fence to be 6 feet tall at 400 Paloma Avenue in the Old Floresta historic neighborhood, approving the request in a 4–1 roll call vote despite staff’s recommendation to deny.

Tori Boone, zoning manager, told the board that the property (approx. 0.32 acres in R1D) dates to 1978 and that a 1995 permit in the file referenced a 4‑foot vinyl and wood picket fence but that over time the property's dense brush was cleared and a 6‑foot white fence became visible. Boone said staff found no unique circumstances that would justify additional front‑yard fence height under the variance criteria and recommended denial; she also noted the applicant agreed to remove any fence sections located in the city right of way and that, if approved, the fence would still require historic preservation board review.

The applicant’s representative argued that the 1995 records and surveys are inconsistent, that portions of the fence and the "pineapple" detail were considered and approved by the historic preservation board in earlier materials, and that the fence has existed for decades and contributes to the neighborhood’s character. The representative said parts of the fence found in the right of way will be removed and that any future replacement would be done in kind.

Neighbors who support the variance said the fence matches the home’s architecture and the neighborhood’s character, and several told the board the fence does not create visibility problems at the corner. "It's in keeping with the essence of the architecture of the house itself," said Gerard Legor, a preservation board member and long‑time neighbor. Another neighbor, Richard Murdoch, said the fence has been a community fixture and urged the board to preserve it.

After discussion about visibility, precedent and the historic district context, the board moved to approve the variance. The roll call recorded four votes in favor and one opposed (Mister Salon voted no). The applicant will still need historic preservation board reapproval for the fence appearance if the variance is implemented.

The board recorded the motion and the variance will be transmitted per the city's procedural steps for implementation and historic board review.