Meeting Time: December 15, 2023 at 9:00am EST
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Agenda Item

1. ARC-23-152 11 VIA VIZCAYA.

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    Public Comment, Town of Palm Beach Admin admin over 1 year ago

    Received via email 12.4.23:
    Dear ARCOM Members,
    We live within the Via Vizcaya neighborhood at 9 Via Vizcaya, and were notified previously regarding the ARCOM applications for hardscape and landscape renovations submitted by our neighbors, the Clays, for their properties at 11 and 12 Via Vizcaya (ARC-23-152 & ARC-23-153, respectively). We understand that these applications were partially approved at the November 20, 2023 ARCOM meeting. Specifically the landscaping and black vinyl chain link fence along the sides of the neighbourhood 5-foot access easement from the street to the intracoastal were approved with an understanding that the landscaping will grow into the chain link and make the fence virtually unseen by the neighbours using the access easement. However, the proposed chain link gates within the fence were not approved, and this portion of the application was deferred until the next ARCOM meeting (Friday, December 15) for restudy. The Clay’s landscape architect (Dustin Mizell) indicated that they would bring back details for wooden gates with horizontal planks. ARCOM also instructed Mr. Mizell to include photos of the house and any other gates already on the property so that ARCOM can make a determination as to whether the new proposed gates are in keeping with the architecture of the house, and the existing gates.
    While we are extremely upset with ARCOM’s approval of the black vinyl chain link, which we continue to feel is a totally inappropriate material because of the high likelihood of this material becoming visible to the public, we respectively ask that if ARCOM is to grant final approval of the project that they include a condition of approval that the landscaping will be permitted to grow into the fence within a reasonable amount of time, and make the chain link fence completely unseen to those using the easement, but not interfere with pedestrian movement within the easement. As you may recall from my previous letter, the access easement is located at the shared property line between 11 and 12 Via Vizcaya, and the easement is used by the neighborhood to access and view the Intracoastal Waterway; therefore, maintaining a free and clear 5-foot path in the easement whilst still obscuring the chain link fence from view is critical. If the landscaping does not grow into the chain link fencing and obscure the fencing from view within six (6) months, then we ask that the Clay’s be required to come back to ARCOM with a different landscape material that will grow into and obscure the fencing from view, or propose to replace the chain link fencing with a more appropriate decorative metal fencing that allows for the landscaping to at least partially obscure it from view; we ask that this requirement be made a condition of approval. Furthermore, the condition of approval should require that the landscaping obscure the chain link fencing from view in perpetuity, and if the fencing becomes visible, code enforcement action will be taken by the Town.
    In regards to the two access gates proposed, because they cannot be screened with landscaping, we continue to request that decorative black wrought aluminum or iron material be used. The black wrought aluminum or iron gates will be much more aesthetically pleasing and a more appropriate material than wood given the fact that the gates will be viewable by the entire neighborhood whilst using the access easement. We feel these requests are extremely reasonable, consistent with past ARCOM approvals, and are appropriate for this situation and location. Thank you for your time and consideration in this matter.
    Sincerely,
    Kim Bepler
    9 Via Vizcaya
    Palm Beach, FL 33480