Mariner's Way DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA Development
P&Z
Building
PROJECT NAME: Mariner's Way Engineering
0cc. License
Deputy City Clerk
APPLICANT'S AGENT: K.P. Hislop
APPLICANT'S ADDRESS: 744 Mariners Way Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 tabled until
April 20, 2004
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum
front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback
of ten (10)feet for a structure within a R-3 zoning district.
LOCATION OF PROPERTY: 800 Mariners Way
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 Community Redevelopment Agency 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
,,,"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 Applic. gnt'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:
Oily Olerk
S:~Dlanning\SHARED\WP\PROJECTS\Mariners Way~NCV ~c
1 in. = 221.6 feet
J BOYNTON. CANAL C-16
i
~ · ~ ~ .
LOCATION MAP MARINERS WAY EXHIBIT "A"
:
EXHIBIT "B"
II
/
~ ~ / Ii
'. J
I
I ~
'1
EXHIBIT "C"
The. City of Bo nton Beach
':" DEVBLOPMENT DEPARTHENT
PLANNXNG AND ZONING DZVI:SON
P.O. BOx 310
Boynb:)n Bel~, florl~ 33425'0310
TEL: 561-742'6260
FAX: 561-742-6259
O~k~ber 29, 2003
Mr. Ken Hislop
Mariners Way Homeowners Association
Boynton Beach, Florida
Re: Mariners Way Tlki Hut
MM~P 03-0108
Dear Mr. I-Iislop:
-, In response to your request dated October 21, 2003 for the
adm/nistratiYe review and approval of the modifications proposed to
the above-referenced approved site plan, depicting the following:
· Installation o'f a Tiki Hut building (as depicted on the attached
drawing) .
Please be info~-med that the proposed changes on the revised plan
date stamped 10/22/03 are n..o.t "minor" as defined within the Land
Development Regulations, Chapter 4- Site Plan Review. This project
may not continue to be processed by the Building Division aS a
permit application.
Be advised that the proposed change requires a Zonin~ Code Variance
for the encroachment into the required side yard setback. That
process involves Board and Comm/ssion action .above and beyond staff
interaction. The applicant must also demonstrate a hardship in
complying with the 'City's development recjulations associated, with the
construction of your project. Please contact me at (561) 742-6260 if
you have additional questions.
Sincerely,
C~: Karen Main, Plan Review Analyst
:' ..... EXHIBIT "D"
$. Statement of _special co'n~littons, hardships or reasons iustif~~;reauested ~ or variant,
Respond to. six (6) questions below (A-F) on a separate sheet.
not q~tcable to oq~ lt~ ~naat~s or butl~ in th, ~arn, m~ ~trtct;
We are planning to build a fiki hut and bathroom in the pool area for the safety and convenience of
homeowners. The commlmity comprises thirty-two townhonses, and the pool is smniL There are no
shade tree~ The 40* setback was intended for the roadway and turnaround which is contiguous to the
pool The homes adjacent are single family.
B.-- That ~sm~gal--~ ~tan~ do not-n~mlt ft~ tl~ a~i~n, o~t~e'a~licant.
When M_anatce Cove was constructed in 1986 Code did not require a bathroom at the pooL Now, a
variance is necessary for ~s to bring it up to code mandated by Florida Bnilding Code, Chapter
424.1.6.1. sec. exception. Also, the tiki hut is planned to provide shade for pool users since there are no
shade trees there.. Both structures benefit the health and welfare of homeowners and guests.
Other applicants in the tuning district have, in fact, received variances. Eight landowners in the
Harbor Estates have been granted 10' rear setbacks. Two of these, lots 838 and 39, are contiguous to
the pool area of Manatee Cove. Also, Mariners Vilinge, which is across the canal in clear view of our
community, has both a tiki hut and bathroom at the community pooL Our not providing a bathroom
at the pool presents an inconvenience for homeowners; more importantly, it jeopardizes the health of
pool users (Florida Building Code, Chapter 424.1.6.1).
Clearly, variances have been granted to landowners in Harbor Estates to build structures which loom
over our pool are~ Also, Manatee Cove homeowners must leave the pool to use rest-room at home (a
vv~lk of up to 974 feet); Mariners Village homeowners, on the other hand, have the convenience of a
restroom at the pool Protection from the sun, not provided at 1Vlaaatee Cove, is afforded ]Vlariners
Village in the fora of a tiki hut similar to the one we would like to build. Such sun protection is
essential protection for people of all ages who use the pool
~ ~t/~v~~ed/sthetn~var/ancet~w///ma/0epc~s/b/ereas~eu~qofthe/an~ .btt//t~cra~ruta~re:
The position of the tiki hut provides shade in an area away fa-om the pool i~seil~ Considering the size
and configuration of the pool area, road/turnaround, and the water pipes, there are no other places to
comstruct the bathroon~ Thus, the variance requested is the ndulmum variance to provide a 10' rear
set-back to construct the minimum structure uil~wed~ by the Florida Access Code, Le. 5'8' X 5'8".
This will be a unisex bathroom with handicap faciliffes? ~ will 9~viate a health h~,a_ rd for pool users.
The bathroom and tiki hut are necessar~ fo~_ the healthand safety of users of the pool These
structures conform to the intent of the chapter to make the recreation area safe for people
using it while protecting the environment; it does not interfere in any way with the well-being
of neighbors or any other members of the public. Also, the desi~, and color conform to that
of the townhouses and will blend aesthetically.
EXHIBIT "E"
Conditions of Approval
Project name: Mariner's Way
File number: ZNCV 04-001
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
Conditiom of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. Variance approved but limiting structure height to 8 feet. X
s 5Planning\SHARED\WPXJ~ROJECTShMariners WayXZNCV 04-001 \COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc