Davila VarianceDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Davila Variance
APPLICANT'S AGENT: Joseli & Mildred Davila
oex:.
APPLICANT'S ADDRESS: 3616 SE 1st Street Boynton Beach, FL
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003- Tabled
BEFORE CITY COMMISSION: August 5, 2003
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4.J.1, limiting a fence to a maximum height of
six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot
high fence.
LOCATION OF PROPERTY: 3616 SE 1st Street Boynton Beach
DRAWING(S): SEE EXHIBIT "B" A-I-DACHED HERETO.
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
X 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 "C" with notation "Included".
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~;;~e-Ftt~ shall be made in accordance with the terms
and conditions of this or~,:~,o'~Nro4, '~.
7. Other /;~~'~
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DATED: ~-~-O~ X '~~~ ~'~. ~
~~t~/ City Clerk
S:~Planning~SHARED~WP~FORMS~Blank fo~s folder~Deve~o~-2003-Revised.doc
Location Map
DAVILA ZNCV 03-006
EXHIBIT "A"
R1AAB
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GULFSTREAM BLVD
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EXHIBIT "B"
Bo
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Retaining wall required by city during construction of single family home
due to natural elevation of lot, nearly 5'0" difference in height from
west to east boundry. Surrounding existing homes and yards vary in elevations
due to natural grade.
The conditions of this house elevation are due to natural land grades. Finish
floor elevation was lowered to 12" above medium crown of road from 18" due to
adjacent properties.
The granting of this variance is solely for the purpose of fencing for pool
requirements and safety requirement at retaining wall.
The variance is needed for home owner to comply with city and state regulations
on pool safety and being able to fence in rear yard.
Variance being requested is minimum required for property owners concerned.
Retaining wall is minimum height and length required and fence is stepped down
to natural grade as quickly as possible without infringing on neighbors property.
The granting of this variance will be in the best interest of the general
public and immediate neighbor by retaining drainage and eliminating erosion
and insuring pool safety.
LOT 14
.~__ 3616 SE. 1STS1RF_.ET
EXHIBIT "C"
69. 86'
A
F
C
t
NOT INCLUDED
.69.87' ~ ~-~'
C~'
0
EXHIBIT "C"
· I
S.E. 35TH A
EXHIBIT "C"
PHOTOS
EXHIBIT "C"
PHOTOS
EXHIBIT "D"
Conditions of Approval
Project name: Davila Variance
File number: ZNCV 03-006
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:
1. The portion of the fence located on the northeast property line shall not X
exceed nine (9) feet in height, measured from the surface grade outside
the wall.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\MRKVICKA\Condition of Approval 2 page revised 2002 form.doc