CORAL RIDGE COUNTRY CLUB ESTATES HOA

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to the owner a more profitable use of the property,
provided the provisions of the ULDR still allow a
reasonable use of the property; and

• That the unique hardship is not self-created by the

applicant or his predecessors, nor is it the result of mere
disregard for, or ignorance of, the provisions of the ULDR
or antecedent zoning regulations; and

• That the variance is the minimum variance that will make

possible a reasonable use of the property and that the
variance will be in harmony with the general purposes
and intent of the ULDR and the use as varied will not be
incompatible with adjoining properties or the
surrounding neighborhood or otherwise detrimental to
the public welfare.

The variance process would also require notification of all
property owners within 300 feet of the subject property and
a public hearing to be held to hear input on the proposal.

A real life example

Interestingly, a recent variance application was filed and
heard by the Board of Adjustment by the owners of 4010
Bayview Drive, at the end of a CRCCE finger canal. They
requested an after the fact variance (meaning an
improvement which violated the code was built without first
getting City approval) to allow an 8’ x 23’ boat to extend
past the 7.5’ side yard setbacks and also past the property
lines as extended into the waterway. 

The code states no watercraft shall be docked or anchored
adjacent to residential property in such a position that
causes it to extend beyond the side setback lines required
for principal buildings on such property, as extended into
the waterway, or is of such length that when docked or
anchored adjacent to such property, the watercraft extends
beyond such side setback lines as extended into the
waterway.

The argument for the variance made by the attorney for the
owners generally went like this: She displayed a photo of
the property and noted the irregular shape of the lot (this is
a common approach; this is a pie shaped lot this argument
would probably not work on a rectangular shaped lot). The
attorney showed a photo of the boat and lift and noted it
looked like most others in the area. She explained the lift
had been on the dock for many years and was there when
the current owners purchased the property. She also

presented a graphic showing the extended property lines
that converged in the waterway because of the angled
property lines. She argued that if the regulation was
applied to those lines, the owners would not even be
permitted a dock at all. She noted this situation was unique
to properties where the canal terminated in the backyard. 

She also explained that a former tenant to whom the
owners who had been renting the home but had recently
evicted from the property had called City Code
Enforcement out of spite to report the unpermitted boatlift. 

The attorney provided letters of support for the variance
from the neighbors most affected by the boatlift. This is
important because opponents could have argued, among
other things, that the owners should have understood what
was and was not allowed before purchasing the lot; the
code was written to protect neighbors’ views of the
waterway; and the code was written to prevent problems
docking boats in a tight space. 

The Board of Adjustment voted to approve the variance 7-0
with a stipulation limiting the size of the boat to 23’ in length. 

The lesson from this relatively insignificant (in the general
scheme of things) case is that rezonings, variances, 
special exceptions, and variances and other approvals
allowing changes of use or deviations from the land
development regulations get decided based as much on
neighborhood support or opposition as on planning
principles such as neighborhood compatibility or design.
Had the neighbors complained, it is unlikely the request
would have been approved.

The CRCCE Board monitors requests for development
approvals affecting our neighborhood and will take positions
on these requests with the intention of continually improving
the quality of life in Coral Ridge Country Club Estates.

Timothy L. Hernandez, AICP, is an urban planner, builder and developer
and a member of the American Institute of Certified Planners. He is co-
founder of New Urban Communities, a Delray Beach based development
firm specializing in urban infill, redevelopment and custom homes and a
23 year resident of Coral Ridge Country Club Estates. He can be reached
via email at timhernandez@bellsouth.net.

Planning Matters 

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