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Ream Variance DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ream Variance APPLICANT'S AGENT: Peter & Stephanie Ream APPLICANT'S ADDRESS: 710 SW 27th Avenue Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 3, 2003 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 5 foot, and a rear yard setback of 20 feet. LOCATION OF PROPERTY: 710 SW 27th Avenue DRAWING(S): SEE EXHIBIT "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 Planning and Development Board, which Board found 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 2( HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby ~(' 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 and conditions of this order. 7. Other DATED: ~- (0-03 Clerk S:\Planning\SHARED\WP\PROJECTS\Ream Variance\DO.d, Location Map EXHIBIT"A" Ream Variance ZNCV 03-004 ' ~ -~--'~ PU ~ ~ I I ! , i 'i PU ! w 400 0 400 Feet S Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F). A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. We bought our house from a previous owner. At the time we had 1 child. The main house has 2 bedrooms and 2 baths. The previous owner laid the patio at the 20-foot setback. If we could extend an addition to the patio this would give us enough room to add an addition that would make room for our future family members (a new baby on the way!). This would not be an addition across the entire back of the house. It would be on one side of the house measuring 22 feet, 10 inches across the back of the house. The yard is completely fenced in with a hedge around it. This blocks the views of our neighbors from us and us from them. B. That the special conditions and circumstances do not result from the actions of the applicant; Again we did not build this house and have tried to find other ways to deal with this, besides having to sell our home and move (and we love our neighborhood)! C. That granting the variance requested will not confer on the applicant with any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; There are many other homes in the neighborhood that do not have the same setback restrictions. I also have letters of support from surrounding neighbors in regards to our planned addition. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Again, there are many other homes in the neighborhood that do not have the same setback restrictions. I had the city clerk's office pull all of the variances granted in the Chapel Hill neighborhood and many have been granted over the years. E. That the variance granted is the minimum variance that will make possible the reasonable use of land, building or structure; I have spoke to an architect and we tried to figure all of our options. The way the house is laid out we would be able to build the addition with only needing to obtain a 5-foot variance to make a comfortable bedroom and bathroom for our new baby and future children. I feel this would accommodate our family after the birth of our second child and any there after for many years to come. We are a young couple and would like for our children to grow up in this home. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The yard is fully private because of the fence covered by the hedge. The addition would blend with the rest of the house, and would make it both look attractive from the outside and be functional on the inside. Again other homes is the same area were not required the same setbacks. ~500 Gulfstream Boulevard e Suite #103B , Delray Beach, Florida 33483 -:. Office' 5G1 27G-7575 e FAX: 561 27G-6621 (SO' TOTAL S.W. 27th AVENUE' 20' PAVEMENT i 15' PARKWAY 1§' ~,, ~ CONC. ~ ~o BLOCK CORNER ~ / ORIVEWAY ,~ J '~, 1 'STORY ~ CONC. o o No LD. '~ · .uT' Scale: I"--'zo' LOT 6, BLOCK g SHEET Z OF, z SHEETS i' I BENCHMARK REFERENCE: ,, ~Z,egead~ ..' {~) MANHOLE {M,H.) 1~ FIRE HYDRANT (F.H.) r~ CATCH BASIN {C,B,) r-I WATER METER (W.M.)'TA ' (--ANCHOR ~ GUY I;~ CABLE T,V, (C.A.T.V.) - , LITTON LAND SURV , vnl::::l.ct EXHIBIT ."C'! o PROPOSED,, ,.,.~,:,  ~, SITE PLAN gelray Beach, Florida 33483 ' -' Office: 501 270-7575 e FAX' 561 2:70-6621 (50' TOTAL R/W.) S.W. 27th AVENUE 20' PAVE]WENT 15' PARKWAY 15' RR. 1/2" 17.8' 170.80' (M) No ~.0. 80.01' ~) FIE. FIE 1/2" No I.D. No I.D. CONC. BLOCK CORNER 0RIVEWAY 17.8' 19.10' 22 ~ 1-STORY ~ 1 -STORY ~ CONC. . R~. ~ 710 ~ ~ ~ 27.70' 46.00' 0.80' 0.60' -- -- 6' U.E. RR. 1/2' hR. 80.00' (U) = ,o ,.o. No I.D. LOT 6, BLOCK 9 SHEET Z OF z SHEETS __ __ BENCHMARK REFERENCE; (c.m.) ~ W*TER ~[TE. (W.~.) EXHIBIT "D" Conditions of Approval Project name: Ream Variance File number: ZNCV 03-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP~PROJECTShReam Variance\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc