Neighbors back Meanys; Boca Raton board approves variance for 9‑foot fence after contested hearing

The Planning & Zoning Board voted April 18 to grant a variance for a fence at 192 Northeast Spanish Trail after an extended public hearing that featured competing claims about code interpretation, safety and neighborhood privacy.

Zoning manager Tori Boone recommended denial, telling the board the 9‑foot measured height resulted from the owner’s choice to raise the backyard grade and that the variance did not meet the special‑conditions tests for approval. “The applicant has not provided sufficient evidence of special and unique conditions… and staff recommends denial of the application,” Boone said during her presentation.

Homeowner Kevin Meany told the board he rebuilt the house and raised the property at the city’s direction to address flooding, and that the now‑constructed 6‑foot fence sits on a 3‑foot retaining wall. Meany and multiple neighbors submitted letters and spoke in favor of the variance, arguing the higher barrier was necessary to preserve privacy and safety given local grade differences and recent raising of finished floor elevations.

Adjoining neighbor Bob Adler said lowering the fence to what staff recommended would leave adjoining yards exposed: “If you go along with staff, Kevin will have a 3‑foot fence on his property, which means he’ll be looking into my property every time he goes out in his backyard,” Adler said.

Several speakers urged the board to consider neighborhood topography and to treat these older lots as special cases as the city updates municipal code. William Sun, a nearby resident, argued the case on privacy grounds, saying the matter touched on constitutional protections of the home; his remarks were presented as his interpretation of privacy protections rather than a legal finding by staff or the board.

Board members discussed the mix of responsibility among owners, contractors and permitting, with some members noting failures in the permitting and construction process while also expressing sympathy for the homeowner who had raised the property to meet flood‑related building standards. One board member said on a site visit the fence looked “jarring” but that special circumstances made approval appropriate.

After public testimony the board moved to approve the variance; roll call recorded a unanimous vote in favor (6–0). Several board members noted the issue is likely to recur in older neighborhoods where lots were built before current elevation requirements, and that broader code changes may be needed.

The variance permits the fence as constructed; the board’s approval and any permit compliance steps will be documented in the city’s files. Staff noted no fiscal impact to the city, and the board did not set an enforcement schedule or additional review timeline at the meeting.