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Wantshouse DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wantshouse APPLICANT'S AGENT: Mark Wantshouse APPLICANT'S ADDRESS: 3416 South Lake Drive Development &Z ,ullding ingineerlng )cc, License )eputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-1-AAB zoning district, to allow for a variance of 15 foot, and a rear yard setback of 10 feet. LOCATION OF PROPERTY: 3416 South Lake 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 APl~li~q, ant /,~ 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 for relief hereby _ application is ,,~"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 and conditions of this order. 7. Other DATED: ._.~'- ~-~ ~ SAPlanning\SHARED\WFSPROJECTS\Wantshouse City Clerk for P&D.doc I in. = 100.0 feet ~A LOCATION MAP WANTSHOUSE VARIANCE EXHIBIT "A" T~L5 II~I~I'RUME~T pR~.~,~EID, CURVE- DATA LOT eU~' R A ~ ~ ~ 120' 0{" ~" ' ARC ' ~ 104.14' ~ EXHIBIT "B" z o .EXHIBIT EXHIBIT "D" City of Boynton Beach Variance Application Addendum 3416 S. Lake Drive Boynton Beach, Florida 3343~ Statement of special conditions, hardships or reasons justifying the requested exception or variance. Co Eo The subject property is an irre~l_sr shaped triangular property with only three sides making the rear property line and one side property line the same line, therefore without a variance the subject structure could not be added on to. ff the subject property was a normal rectangular shaped property an addition of more than 50% larger than the proposed addition could be added without the need of a variant. The ~ shape of the property is due to the original platti~ of the subdivision, which the applioant did not and does not have any jurisdiction or control of. The granting of this variance will not confer on the applicant any special privilege that is denied by this ordinance to other properties. The literal interpretation of the provisions of this chapter would deprive the applicant rights commonly enjoyed by other properties in the .same zoning districts and would create undue hardship to the applicant. The requested rear set back variance borders a Lake Worth Drainage District easement th_n_t_ is in excess of 80 feet. The requested variance will not decrease the distance between the current subject property's structure and any neighboring property structures. Variances generating much greater i~, act to surrounding properties have been granted in the same zoning district where by the granting of those variances decreased the distance between neighboring structures. The requested variance is the minimum variance that will make reasonable use of the property due to the irregular shaped property and the position of the structure on the property. The granting oftlis proposed variance wril be in harmony with the intent and purpose of this chapter and would not be injurious to the area or detrhnental to the public welfare. The granting of this proposed vaxiance would be a textbook example of the granting of a variance allowing reasonable use of the property with no adverse effects to adjacent property owners. This would truly be a model example of a why a variance process exists. This proposed variance is not a variance request of minimum lot area or lot. frontage requirements and the acquisition of additional property is not available. EXHIBIT "E" Conditions of Approval Project name: Wantshouse File number: ZNCV 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None' X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Commems: 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. Tobe determined. ~t~_ S AP lanning\SHARED\WP~PROJECTS\Wantshouse Variance\COA.doc S:~Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc