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HomeMy WebLinkAboutHendricks Variance PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Hendricks Variance (ZNCV 04-003) Thomas & Rona Hendricks 911 SW 28th Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet. LOCATION OF PROPERTY: 911 SW 28th Avenue Street 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 Applir_.a..nt ,,,'"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". o The Applica..nt'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 and conditions of this order. 7. Other DATE D :__~~,¢'~:~__~ City Clerk S:\Planning\SHARED\WP\PROJECTS\Hendricks Variance\DO Henddcks Va, ~ 28TH AVl- _ . SUNSET RD HENDRICKS VARIANCE LOCATION MAP EXHIBIT "A" EXHIBIT "B" IL1 ~' !ii - ~ Iii ~ 25.0' I0.00' 25,0' ~¢e~t Ki~It o{ Win/ c~ W ~Sth c~trcet I10.00' g 111 EXHIBIT "B" i .'l' PIiBOPOE~E~ POOL PROPOSED POOL EXIS, TING oNE STORY CB,% HOLI~E 'EXHIBIT lIB" ~OUTt--tlIIE~T 28,f.h AVENUE ~ITE PLAN 1/8," $c. EXHIBIT "C" Section 5. Zoning Code Variance Application: Thomas & Rona Hendricks 911 SW 28th Ave A. The property in question is a 2 bedroom/2 bath home located on a 85 x 110 lot. The home was purchased with the intent of adding a 3rd bedroom to accommodate the family (Thomas, Rona Thomas Jr. & Rebecca). The current layout of the home dictates that the addition should be added to the North/West side of the property. Any other positioning of the addition will also require a variance and complicate the construction and add unnecessary cost. In addition, other positioning of the improvements will tend to minimize the potential increase in property value. B. The above special conditions/circumstances are not a result of any action of the applicants. C. Granting of this variance will not confer any special privilege to the applicants. As stated in section D. below, the city has granted a similar variance to other residents in the same zoning district. In addition, upon review of other properties in the area it is evident that the setback has been encroached upon at one time or another. D. By not granting this variance the city of Boynton Beach will deprive the applicants of rights enjoyed by other properties in the same zoning district. Specifically, a variance was granted to the owners of the property located at 710 SW 27th Ave. (Lot 11, Bock 9, Forest Hills Subdivision) on 6/3/2003 which provided the owners relief from Chapter 2, Zoning Section 5.C.2.a which requires a minimum rear setback of 25fi. for a single-family residential (R-1-AA) zoning district. In addition, the city acknowledges that the setbacks are unreasonable and are currently reviewing the rear setbacks with the intention of reducing them to be more reasonable and in line with other municipalities in the area. E. The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district. The proposed improvements will add approx 450 sq. fi of living space to the existing 1300 sq. fi. home. Most other homes in the area are 3-4 bedroom homes with total square footage in excess of 2500 sq fi. on similar size lots. F. The granting of this variance and the resulting improvements will be in harmony with the surrounding properties and will not be injurious to the area involved or detrimental to the public welfare. In addition, the proposed improvements will add value to said property and in general contribute to the overall raising of property values in the subject zoning district. EXHIBIT "D" Conditions of Approval Project name: Hendrick Variance File number: ZNCV 04-003 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: I I 1. None I X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\WP~PROJECTS~Hendr/cks Variance\COA.doc S:\Planning~Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc