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Buchanan VarianceDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James E. Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive Boynton Beach FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback within the R-l-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Drive 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 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 and conditions of this order. shall be made in accordance with the terms 7. Other DATED: S:~Planning\SHARED\WP\PROJECTS~Buchanan Clerk Location Map -BUCHANAN VARIANCE EXHIBIT "A" R3 I III i/ R3 CANAL C-16 LAKE WORTH/ICVVW ~I~ENNAN S{- .~YINO LB, 16el,.IJJ EXHIBIT'~ 472.027 ~'I.Ge~O'A STA'ItrI~S __._ ,~ , -.~..~.5.. . . , · · of : APPER, "..: .c, I 'EXHIBi~ .EXHIBIT."C" 11 ~G EXHIBIT "D", VARIANCE APPLICATION Buck and Susan Buchanan 807 Ocean Inlet Drive Boynton Beach, Florida 33435 .STATEMENT,OF SPECIAL CONDITIONS Special conditions and circum.qtances existing that are peculiar to this property are the size of the lot and its location on the Intracoastal Waterway OCW). Thi.q lot is. on the north side of Ocean Inlet Drive and is 75 feet wide but only 98 feet deep. The lots on the south side 0fOcean Inlet Drive are also 75 feet wide but are 112 feet deep. If this lot were as deep as those on the south side, a variance would not be needed for the contemplated expansion of this home. Further, thi.~ property is located directly on the ICW and has a wide water view to the BOynton Inlet with no houses to obstruct _that view. The properties on the south side are located on a canal which is not as desirable but can accommodate a larger house bemuse of the greater depth of the lot. The original developer erred in not sizing the lots such'that the more desirable lots on the ICW could accommodate as large or larger homes as those on the canal. The special conditions and.circumstances di~nssed above are not the result of the actions of the apphcants since · the lot size is thc same as it was originally platted · the home was built by others in 1959, and · the applicants did not purchase the home until 1987. Gran~g the variance will n°t confer a special privilege on the applicants because it will allow the creation of a structure consistent with new and remodeled homes in the neighborhood, some of which have obtained variances or were originally constructed with less of a setback. In fact, the adjacent property to the east was constructed w/thin the past year w/th a rear variance of 9 feet and a front var/ance of 5 feet for a two story structure. The variance requested here is for a rear variance that will only affect overhangs and not affect the footPrint of the residence. EXHiBiT Ds Currently the edge of the screened porch is 22feet and the two-foot overhang of the roof20 feet from the rear property line, well within the 15 feet in the original deed restriction but now non-complying. The variance being requested is to allow for an additional two feet into .the current setback for overhangs. Literal interpretation would deprive the applicants of rights commonly ,enjoyed by other properties in the neighborhood and would cause undue hardship for the following reason. The primary impetus for the remodeling project is to prepare to accommodate an aging mother. G/ven the design of the house and the lot size, the only way to accomplish thi.q is to add a second story. For reasons of aesthetics, function, and value, the current screened porch will have a second story porch above it which will serve as the roof for the screened porch. In order to better protect the screened porch from the severe weather from the north, it is necessary to extend this second story porch an additional two feet beyond the current roof overhang thus providing a four-foot overhang to shelter the screened porch. This two-foot projection beyond the current roof overhang results in a variance of seven feet and a setback of 18 feet. Ee Denying the variance would negatively affect the utility, value, and overall aesthetics of this remodeling project. The 7-foot variance (two feet beyond the current structure) is the m/n/mum needed to shelter the screened porch, an integral element in the open-a/r, flow- through design of the project. The intm._qion into th~ .qo. thn~.ir i~ minlmnl alno. i~ ,ff~ ~nh, ~,,~h ..... 4 4~ not ~ ~e f~~t of~e ~sidence. EXHIBIT "D" F. The variance requested is not injurious to the area involved or detrimental to the publ/c we!f~re. In fact, it would have a positive effect. The adjacent neighbors to the east and west will be unaffected because in both cases their garages face this property, and they have no ~w~dows facing this property. Further, dense vegetation separates the properties. The new structure will be more attractive and impressive than the current structure and will add value and beauty to the neighborhood. It will take advantage of the natural environment and breezes, have a Florida style with a large ~mount of outdoor living space, be harmonioUS with the environment, and, be one of the most beautifully designed and landscaped residences in this emerging neighborhood. EXHIBIT "E" Conditions of Approval Project name: Buchanan Variance File number: ZNCV 03-019 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 COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Commems: 1. None x ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. X'~ ~a ~ .---- S:XPtanning\SHARED\WPXPROJECTS'~Buchanan VadanceXZNCV 03-019\COA.doc