A newly built concrete block retaining wall at Siréne Villas overshadows a neighbor’s existing wooden privacy fence. Photo provided
By Anne Geggis
The old Parliament Inn’s transformation into the Siréne Villas on George Bush Boulevard has its neighbors in a tizzy because builders erected higher-than-permitted walls.
However, the Delray Beach City Commission decided at its April 16 meeting that those walls are going to be allowed.
Blame it on new federal requirements to forestall flooding that add a new required height to lots under development — and on code violations that weren’t caught until they were already solidified into actual walls.
In this case, the builder of the six-unit townhouse development in the 1200 block of George Bush, just west of State Road A1A, appeared in front of the commission to beg forgiveness — and get a variance to complete the wall. City leaders were none too happy with the development, but agreed the developer was trying to meet the Federal Emergency Management Agency requirements and preserve privacy all around when the walls were built.
The developer used private inspectors — not city ones — as state law allows.
Because of the additional fill needed to meet higher base building elevations as required by federal guidelines, the permitted mason wall complies with city requirements on the inside part of the wall. But the resulting difference in the grade on the other side of the wall makes the wall nearly 3 feet higher than city codes allow — from the view of neighbors.
“This wall is going to affect the sunshine, the sky, the view of any trees,” said George Bush Boulevard neighbor Jack O’Connor.
The property is in the special flood hazard area, thus requiring a certain height in the base building elevation. But the natural grade on the adjoining properties is 3 feet lower.
Neil Schiller, a lawyer for the project’s developer, Stamm Development, said that if the wall was built to just the 8 feet that city codes stipulate, it would only appear 4 to 5 feet tall from inside the property. “And anybody of normal size would be able to look over into the neighbor’s yard at their discretion,” he said. “So we want to avoid that.”
The commission agreed that the developer needs to meet with the neighbors to make some adjustments in the wall, be it new trees or the wall color.
Anthea Gianniotes, the city’s development services director, says the city needs to develop new requirements for builders when the flood protection rules create this kind of a grade difference.
“This is not the last time you’ll see something like this and ultimately we need to address in our (land development rules) what are the techniques we could require people to do if the grade changes exceed a certain amount,” she said.
Vice Mayor Juli Casale said she didn’t want to see this become part of a pattern, even if there are new federal elevation guidelines that must be met, and she called for better monitoring of projects in progress.
“We don’t want to create a pattern of violations and corrections,” she said.
The waiver was granted with the condition that the builder ameliorate neighbors’ issues.
And it seems that’s not going to be easy.
“I’m very upset right now,” O’Connor said as he walked out of the city chamber after the 4-0 vote.
Mayor Tom Carney recused himself from the discussion because he is a registered agent for the applicant through his legal practice.
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