North Palm Way DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: North Palm Way
APPLICANT'S AGENT: David Zimet - Boynton Beach Faith Based Community Development Corp.
APPLICANT'S ADDRESS: 2191 N. Seacrest BIvd Boynton Beach, FL 33433
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.F.2.a, to allow a single-family
home to be constructed with a rear set back of 19 feet, a variance of six (6) feet from the 25 foot
setback required for a single-family house in a R-1 zoning district.
LOCATION OF PROPERTY: North Palm Way; East of Seacrest, South of Hypoluxo
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
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 Applicant
,-,'"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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
, ~OY # TO4~
Other
DATED: ./_.--~ - ~, -
S:~Planning~SHARED\WP~PROJECTS\Community Development Corporation\DO.
Clerk
I in. = 100.0 feet --.. ..--..--
N PALM DR:
kocation Map Boynton ~oach CDC
· ' " .,: EXHIBIT "D"
REQUEST FOR VARIANi C FROM CHAPTER 2, ZONING, SECTION 5.E.2.a
North Palm Way
Statement of special conditions, hardships or reasons justifying the
requested exception or variance.
The property is an empty lot on which the Boynton Beach Faith Based CDC
wishes to build a home for a client. The house will be an owner-occupied
residence, not a rental.
A. Special conditions or circumstances
The lot is oddly configured. The rear property line is "V' shaped and thus a house
cannot meet the 25 foot setback zoning requirement for both front and rear. The
setback requirement can be met for the front, but not the rear.
B. Odgin of special circumstances
The Boynton Beach Faith Based CDC has done nothing to create the special
conditions that require the variance.
C. Special privileges
The CDC is not receiving any particular benefit over other individuals or
developers; the CDC only requests that it be permitted to construct a modest
single family home (under 1,500 sq. ft.) consistent with the homes in this
community on the east side of Seacrest Blvd. (a condominium is on the west
side) and with the zoning designation.
Commonly enjoyed property dghts
In the immediate neighborhood, property to the east of Seacrest Blvd. is zoned
R-1 (49 other properties), that to the west is zoned R~3 (over 500 residents).
According to the R-1 lot owners must have specific setbacks. Because of the odd
configuration of the lot, a house cannot be built with the required rear setback
and still conform to the use intended by the City of Boynton Beach when it
conveyed the property to the 'CDC. The lot in question is located on BloCk 13.
Lots 10 and 11 of that same Block (13) were awarded variances for rear
setbacks.
E. Minimum variance/reasonable use
Because of the shape of the property, some of the rear setback is already in
(~compliance with zon'mg requirements, but some is not. A vadance of
approximately f~,(.~ feet is sought for those parts of the house that are not in
compliance with zoning requirements. The CDC seeks to build a modest house,
" EXHIBIT "D"
less than 1,500 square feet, on the lot. The lot will thus pass from being a vacant
property to an owner-occupied residence.
F. Harmony with general intent and purpose of the chapter
The construction of the home by the CDC (the CDC already has client who
wishes to locate on the site) will improve the neighborhood by ddding it of a
vacant lot that conforms with the houses already in the neighborhood. By adding
to the tax rolls, the home will serve to increase public welfare.
EXHIBIT "E"
Conditions of Approval
Project name: North Palm Way
File number: ZNCV 03-022
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:XPIanning\SHARED\WPLPROJECTS~Boynto Beach Community Development Corporation\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc