Buyers Investment Group, LTD DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Buyers Investment Group, LTD, Inc.
APPLICANT'S AGENT: Alan D. Menster
APPLICANT'S ADDRESS: 1400 Allendale Rd. Suite 1 West Palm Beach, FL 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003
TYPE OF RELIEF SOUGHT:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square
feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-l-
A single family zoning district;
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty- (60) feet to allow a twelve (12) foot
variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the
R-1-A single family zoning district;
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five
(5) foot side yard setback for a proposed single-family residence within the R-i-A single family zoning
district.
LOCATION OF PROPERTY: SW 4th 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:
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 Ap[:)li, j.cant
¢~. 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 Applic_~nt's application for relief is hereby
~. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
1 in. = 100.0 feet
RIA
Location Map
Buyers Investment Group LTD Inc.
Exhibit "A"
EXHIBIT B
19336 47'tH PLACE NORTH, LOXAHATCHEE, FLORIDA 33470
SKETCH OF BOUNDARY SURVEY
LOT 5, BLOCK 20
4' CH~e* Cll~ FENCE O~ L~E FOUND 5/8' IRON ROD
CRYSTAL KEY AT LOT 1 g, ; (OCCUPIED)
WOOLBRIGHT PLACE, P.U.D. BLOCK 20 ;3 ~I3-1RESNOLD ELEVATION=Ig.43)
i (VACANT)
LOCATION MAP
MINIUMUM FINISHED
· FLOOR ELEVATION= 18.9R 3. NO ~ch o~ #m Pubk. Rm~oed~ ha~ I~m made by ~N~ oflk~
i I
FOUND 5/~ IRON ROD
&
CAP
'~' "~'*a 41].00" ~ :' ".' ': - '*.
DESk.nON
/
RECORDED IN PLAT BOOK 13, PAGES 32 AND 33, (31= THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING: 5.760 SQUARE FEET (0.13 ACRE) MORE OR LES~.
PROPERTY CONTROL NO. 08-43-45-29-O1-020-0191 s~3[ LEGEND .
Certification:
~e~t. Lam~ ~ ~ a~m n~[* el~etgae~l f~' ~,~*~ F.B. FILE P.G.
SYMBOL LEGEND
Statement of Special Conditions, Hardships or Reasons
Justifying RequeSted Variance/Exemption
August 20, 2003
Legal Description:
LOT 19, LESS THE EAST 2.0 FEET, BLOCK 20, LAKE BOYNTON
ESTATES PLAT 1, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 13, PAGES 32 AND 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
A. Existin.q Special Conditions and Circumstances
The subject property is a vacant lot which appears to have only been 50 feet wide when
the subdivision was platted. At some point the East 2.0 feet of this parcel was
transferred to the property owner immediately to the east of this lot, leaving the subject
parcel 48 feet wide. The majority of the other lots in this ~subdivision ar~ 62.5 feet ~e.~
The depth of the property is 125 feet which appears to be the standard depth of the lots
in this subdivision. The applicant desires to construct a new home on the property.
However the width of the property necessities the request for the following three (3)
variances from City of Boynton Beach municipal codes:
Code Requirement Applicant Request Variance
Lot. V~rKJth (feet) 60.0 48.0 12.0
Lot Size (square feet) 7,500 5,760 1,740
Side Setback (feet) 7.5 5 2.5
B. Special Conditions and Circumstances Not a Result of Actions of the Applicant
The applicant, Buyer's Investment Group, Ltd., Inc., took title to the subject property via
Tax Dccd, dated May 21, 2003 and recorded in Official Record Book 15257, Page 163
of the Public Records of Palm Beach County Florida. Pdor to this time, the applicant
had no right, title nor interest in the property. The property was platted and the East 2.0
feet sold prior to the acquisition of the property by the applicant and it was purchased,
'as is".
C. Granting Proposed Variance Will Not Confer a Special Privileqe on Applicant
The applicant wishes to construct an approximately 1,750 square foot, single-family
home on the subject property. This home will be approxima'~ely the same size as
surrounding homes. The proposed vadance will, in no way, create a condition or
circumstance that is not afforded to all other property owners in this subdivision.
EXHIBIT "C"
Statement of Special Conditions
Page 2
D. Literal Interpretation of Code Will Deny Applicant of R~qhts Commonly Enioyed By
Others
If interpreted literally, the aforementioned Codes governing lot size, lot width and side
setback requirements would deny the applicant the right to build a home of any size on
this property. The property would be rendered virtually worthless.
E. Requested Variance is the Minimum Required to Allow a Reasonable Use of
Property
Again, the size of the proposed home is in keeping with the size of surrounding homes
within this subdivision, thus assuring its marketability and maintaining neighborhood
consistency..~The survey and site plan included as part of this variance request show
that the proposed home is being built in such a way that only the minimum variances
necessary are being requested. No variances are sought for the front, rear and east
side set backs.
Further, the side setback vadance is requested for the west side of the property that
boarders private, vacant land described as "Outdoor Recreational Park Land", rather
than another single-family residence.
F. Granting Proposed Variance is in Keeping with the General Intent of Code and Will
Not be Injurious to the Area or Detrimental to Public Welfare
The variances listed above are sought for the sole purpose of constructing a single-
family home that is consistent in size and appearance with other homes in the area.
This will not be injurious or detrimental in any way to the surrounding property owners or
general public. To the contrary, the construction of this home will actually be beneficial
in that:
The improvement of the property increases its taxable value.
The new home should increase surrounding property values as the
property was historically overgrown and being used for the storage of
motor vehicles. In tum this will increase tax revenues.
The improvement of the property will put an end to any past, or
potential, future Code Enforcement issues related to the property's
historical condition as stated above, and related public health, safety
and welfare concems.
EXHIBIT "D"
Conditions of Approval
Project name: Buyers Investment Group, LTD, Inc.
File number: ZNCV 03-018
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
Commems:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
SAPlanning\SHARED\WP~PROJECTS~Buyers Investment Group, LTD., Inc\COA.doc