Deasy Variance
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
DevelopmGM
p &Z ..
Building l
Engineering I'"
Occ. License .
Deputy City CJ:~. .
PROJECT NAME: 625 NE 15th Place-Deasy
APPLICANT'S AGENT: Maryanne Deasy
APPLICANT'S ADDRESS: 625 NE 15th Place Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5,C,2, requiring a ten (10) foot
side yard setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a
screen enclosure in a R-1-M Single-family Residential zoning district.
LOCATION OF PROPERTY: 625 NE 15th Place
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:
DATED:
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 Applic~t
<.L 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 Applic9flt's application for relief is hereby
L 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 te
and conditions of this order.
7.
Other
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S:\Planning\SHARED\WP\PROJECTS\625 NE 15th Place -
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625 NE 15th Place - Deasy Variance EXHIBIT A
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EXHIBIT B
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EXHIBIT "C"
.. D. ClliIIlSllr, 1.1., P .A.
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Internal M8diCiR8
2601 Flllgia Ave.
SuJtc 316
West Palm Beach, Florida 33407
nODe 561-655-9170
Fax S61-6SS~3622
May 16, 2005
Re: MaryAnne Deasey
Ms. Deasey has asked me to write in support of her getting a screened in porch
secondary to her allergies to insect bites. I feel that this would be of significant
benefit for her and any assistance you could render would be appreciated.
If you have any questions or conCerns p~ease feel free to contact me.
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TO: CITY OF BOYNTON BEACH
PLANNING & ZONING
BOYNTON BEACH, FL. 33425
PLEASE BE ADVISED WE, ADRIAN H. WINCHELL, TRUSTEE
OF THE ADRIAN H. WINCHELL REVOCABLE LIVING TRUST
AND HELEN J. WINCHELL, TRUSTEE OF THE HELEN J.
WINCHELL REVOCABLE LIVING TRUST, LOCATED AT 635
N.E. 15TH PL. LOT # 16 OF YACHTMANS COVE, BOYNTON
BEACH, FL. HEREBY DO NOT OBJECT TO A SCREENED IN
POOL COVER FOR THE EXISTING POOL, LOCATED AT 625
N.E.15TH PL. LOT # 17 OF YACHTMANS COVE, BOYNTON
BEACH, FL.
ADRIAN H. WINCHELL. TRUSTEE
~ OIj4~
HELEN J~~~;LL, TRUSTEE
DATED 5/16/05
Page 1
EXHIBIT "0"
EXHIBIT D
May 17,2005
Code Commissioners
City of Boynton Beach, Florida
N OTIC E
As the \Vesfem~djacentfand.owner ta.the. property ~at62fi NE 15th Place, in
Boynton Beach-; owned by Jobtt-and Maryanne Duncan.. l hereby declare- that I have no
objection to the erection of a screened patio enclosure around the Duncans' existing
Swh:llllWlg pont,. despite the fact that the enclosure's meas~ts do not conform
precisely to the city's regulations relating to the allowable distance from their property's
eastem boundar ~ fiRe.
u~(~
~15 NE 15th Place
Boynton Beach, Florida
EXHIBIT 0
RICHARD F. HARTWIG
620 NE 15TH PL
BOYNTON BEACH, FL 33435
April 17, 2005
To Whom It May Concern:
I have no objection to my neighbors, John and Maryanne Duncan, at 625 NE 15th PL.
building a screen enclosure over their pool.
Sincerely,
~~?d4
Richard F. Hardwig
EXHIBIT E
Addendum to Application for Variance for John Duncan and Maryanne Deasy-Duncan.
Page 2. MAY I 8 LOOS
Question 4
A. That special conditions and circumstanles ~XisL~C1ia.-ej'~~Cu-laJJ to the
land, structure or building involved and which are not applicable to other
lands, structures or buildings in the same zoning district;
Special conditions exist in that this is where the pool had been previously
been permitted to be built. The pool construction and the home
construction were completed at the same time (circa 1979). The unique
conditions for variance would not exist if the pool construction were
different.
B. That the special conditions and circumstances do not result from the actions of
the applicant;
These conditions came into existence during the construction of the
residence around 1979. Maryanne and John Duncan purchased the
property in 2004 and Maryanne since 1996.
C. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, buildings or
structures in the same zoning district;
This is not a special privilege as there are many screened pools and
porches within the area. The screening provides comfort and enjoyment
for all the homes having the structure from the insects that are abundant
in the same area.
D. That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of the Ordinance and would work unnecessary and
undue hardship on the applicant;
The screen enclosure surrounding the pool will block most biting insects
that the owner, Maryanne, is allergic to. (See letter from Dr, MD
Chidester) This will allow her the peaceful and healthful enjoyment of
her home that many other homeowners have within the zoning district.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
The screen structure will be permanently attached to the existing
improvements (refer to Aerial Photo - teal highlighting). No additional
property will be used.
EXHIBIT E
F. That the granting of the variance will be in harmony with the general intent and
purpose of this chapter and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare;
The structure will be harmonious with the intent and purpose of the chapter.
Screen Porches and Pool structures generally enhance the value of the
property as evidenced by the sheer number of homes having them. When
reviewing real estate sales advertisements, one will notice the attention to
homes having such structures.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to
become nonconforming. Applicant shall provide an affidavit with the application
for variance stating that the above mentioned conditions exist with respect to the
acquisition of additional property.
Our current neighbor has no interest in selling any of his property. If he
were to sell us sufficient property to bring our property into compliance, his
house and pool would no longer be in conformance with the current code.
EXHIBIT "F"
Conditions of Approval
Project name: 625 NE 15th Place - Deasy Variance
File number: ZNCV 05-005
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/ENVIRONMENT ALIST
Comments; None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. ~ I I I
S:\Planning\SHARED\WP\PROJECTS\625 NE 15th Place - Deasy\COA,doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 12, 2005
received any letters of objection and had received many letters of support from adjacent property
owners.
Maryanne Deasy, 625 N.E. 15th Place, Boynton Beach, stated that they wanted a screen
enclosure for two reasons: 1) all the debris that blew into their pool after the hurricanes, and 2) her
allergies to insect bites.
Mr. Fenton inquired about the height of the screen enclosure, and Ms. Deasy responded that it
would not be higher than the one-story house. Mr. DeMarco inquired whether other homeowners in
their neighborhood had screen enclosures on their pools, and Ms. Deasy responded that of the eight
or so neighbors with pools, four homes had screened enclosures. Chair Heavilin asked whether
affixing the support posts to the existing concrete would be a violation. Mr. Breese responded that
the Building Department would require special anchors.
Chair Heavilin opened the floor for the public and closed it when no one came forward.
Marie Horenburger felt that this was a self-imposed hardship since they were aware of the situation
when they purchased the property.
Motion
Mr. DeMarco moved to approve the request (ZNCV 05-005) for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a ten (10) foot side yard
setback to allow a six (6) foot variance, resulting in a four (4) foot side yard setback for a screen
enclosure within the R-1-M Single-Family Residential zoning district. Vice Chair Tillman seconded
the motion that passed 4-1, Ms. Horenburger dissenting.
B. Land Use Amendment/Rezoning
Description:
Heritage Club at Boynton Beach (LUAR 05-
005)
Michael Weiner, Esquire, Weiner & Aronson, P .A.
Thirty Six Hundred Holdings, LLC
Northwest corner of the intersection of Federal
Highway and Gulfstream Boulevard
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial to
Special High Density Residential; and
1.
Project:
Agent:
Owner:
Location:
Request to rezone from C-3 Community Commercial
to PUD Planned Unit Development
Proposed Use:
Mixed use development containing 19,500 sq. ft. of
commercial development (office, retail, restaurant)
and 166 multi-family residential units
6