PZVAR2025-00005
Variance - Fence Height
Celebration Pointe HOA
5325 Fantasy Drive

In accordance with Chapter 125 Article II Division 3 of the City Code, the applicant is requesting to increase the community property pool fence height to 8 feet. The maximum allowed height under Article VII Division 1 Sec. 125-322(c)(4) is 6 feet. The zoning of the community is PD, Planned Development.

Address: 5325 Fantasy Drive
Parcel ID: 2418-600-0049-000-6
Legal Description: CELEBRATION POINTE (PB 57-7) OPEN SPACE TRACTS 42 AND 43 AND LOTS 82, 88, 89 AND 90 (0.81 AC - 35,283 SF) (OR 4285-1067)

Kerry C. Driver - Senior Planner

Sec. 125-100 A variance may be granted only in the event that all of the following criteria are satisfied:

• Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands,  structures or buildings in the same zoning district;
• The special conditions and circumstances do not result from the actions of the applicant;
• The literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by   other properties in the same zoning district under the terms of the ordinance and would result in unnecessary and undue hardship on the applicant;
• The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;
• The granting of the variance will be in harmony with the general intent and purpose of the ordinance codified in this section and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

The variance application has met all criteria. Therefore, Planning staff recommends approval for the fence height increase with the following four (4) conditions:
1.The fence material may only be material approved by the Florida State Building Code
2.The fence extension shall be constructed in such manner that is not a blight to the community’s aesthetics
3.The fence extension material must be the same color as the pool fence
4.The use of the pool is restricted until installation past inspection
 

ALTERNATE RECOMMENDATIONS

1.Recommend approval with additional/modified conditions
2.Recommend disapproval