Lots 15 & 16 Happy Home Heights DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lots 15 (Portion) & 16, Block 1, Happy Home Heights
APPLICANT'S AGENT: Robert Dwelle
APPLICANT'S ADDRESS: PO BOX 337, Boynton Beach, FL 33425
DATE OF CITY COMMISSION PUBLIC HEARING: April 17, 2001
TYPE OF RELIEF SOUGHT: Lot area, lot frontage, rear yard setback.
LOCATION OF PROPERTY: NE 12th Avenue
DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board round
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "E" with notation "Included".
The Applicant's application for relief is hereby
..X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
EXHIBIT "E"
Conditions of Approval
Project name: Lots 15 (Portion) & 16, Happy Home Heights
File number: ZNCV 01-005 (Lot area, lot frontage, rear setback)
Reference: Zoning Code Variance Application dated March 1.2001
DEPARTMENTS INCLUDE R_EJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DI~-iSION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMLrN1TY REDEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
MWR/pat S:\PI~N NIN G\S HARED\WP\P ROd ECTS~,LOTS 15 & 16, BLOCK 4, HAPPY HOME HEIGHTS, LOT FRONTAGE, LOT AREA, AND REAR SETBACK~CONDITIONS
OF APPROVAL CDC ZONING CODE VARIANCE.DOC
LOCATION MAP
CDC Properties
EXHIBIT "A"
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EXHIBIT "D"
A. The Boyaton Beach Faith Based Co~i~mnity Development Corporation (CDC) is
proposing the'construction of two single-family homes on a parcel of land located in the
Martin Luther King Blvd North Neighborhood as defined in the City of Boynton Beach's
Vision 20/20 planning document. The total parcel of land consists of 2 lots and a portion
ora 3re lot. Two of the lots are 40 feet wide and the remaining piece is approximately 32
feet wide for a total width of 112 feet. The CDC is proposing the construction of two
single-family homes on the three lots. Each new home will sit on a piece of land
appro>dmately 56 feet wide by 95 feet deep (5296 sq rD- The neighborhood is zoned
entirely R2. This zoning designation requires 60-foot lots and 6000 square feet of area;
However, Eighty-five percent of the developed single-family homes in this community
are built on lots of fifby (50) feet or less in width. This means that eighty five percent of
the existing homes would not conform with the current zoning requirements. Therefore
the R-2 Zoning regulations for this community are clearly not consistent with the vast
majority, of the property in tblg comn~mity. This creates a situation that is exact opposite
of the typical situation. The CDC is applying for a variance to build homes consistent
with the rest of the comm~mity, not deviating from the rest of the co~anity.
Tlxis zoning designation creates a tremendous barrier to the development of this
co~mity. There are 15 scattered lots in this cornm~mity that are less than 50 feet in
width. All of these lots would be not be developable under these regulations, and would
sit vacant. This would only propetuate the slum and blight conditions in the
neighborhood.
The CDC wishes to work with the City on an on going basis to revise these burdensome
regulations and begin the development of the comm~lllity. Each vacant lot in this
comm~llity provides an opportunity for a homebuyer to fi]Ifil! their dream of
homeownership and an oppommity to add value to the community. The CDC is
commkted to working with the City to make that a reality.
B. The platting, zoning and construction of the other homes in the comrmlllity occurred well
before the CDC was even in existence. The actions of the CDC in no way created these
circumstances.
C. The CDC is not receiving any particular benefit over other individuals or developers; the
CDC only requests that it be pe~tted to construct homes that are consistent with 85
percent of the homes in this conu~anlty, which are under the same zoning designation.
D. The City of Boynton Beach funded the CDC in order to provide housing oppommities to
low and moderate-income first time homebuyers and to develop and increase the value of
this comrmmity. The CDC currently has two qualified homebuyers that have overcome
many obsticules to qualify for a loan. These two families are ready and waiting to move
into the proposed homes. By only p¢l'm~tting the construction of one home, a family
would be denied a rare opportunity to occupy a brand new residence. Additionally, if the
CDC were to only build one home, the cost of the home would increase due to the
increased land cost. This increase would, in turn, eliminate both buyers.
The CDC wishes to increase the tax base and property value of the coram~lnlty. Building
two homes instead of one would double the tax output. Two homes would also reduce
vacant land in the COmmll/~'y~ thereby increasing home values. Additionally, if the CDC
built only one home on the 2 lots, that home would look vexy out of character. Since the
CDC's homes are only 35 feet wide, there would be a yard space of 38 feet on each side
of the house. This would give the appearance of a vacant lot on each side of the home.
Maintaining this large lot would place a higher financial burden on the property owner.
This could potentially result in a poorly maintained lav~a, always a com~,~mity eyesore.
Small lawns are much easier for an owner to maintain, less costly, and consistent with the
concept of building affordable housing.
E. There are 110 single family homes in the cornm~lnity that sit on lots that are fffi-y (50) feet
or less, including the home right next to the CDC's proposed site. In fact, immediately to
the north of the CDC's proposed site on NE 13t~ Ave there are four homes that were
constructed four years ago that look nearly identical to the homes the CDC is proposing.
All four homes were built on fffiy (50) foot lots. The CDC is only requesting the
minimal amount needed to construct two affordable homes that will be compatible with
eight-five percent of the other homes in the cornmlmity.
F. The intent of the ordinance is to prevent building on smaller lots located in communities
where the majority of the homes are set on larger lots. Those squeezed in homes would
certainly be out of character in the neighborhood. This is clearly not the case in this
co.~.~unity. The CDC's proposed homes will appear quite compauT01e with the other
homes in the comxmmity. The CDC's homes w;Jll eliminate vacant land in the
co~,~:,unlty, make affordable housing opportunities available to low income first time
home buyers, and make a positive impact on the value of the surrounding residences.