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625 NE 15th Place-Deasy DEVELOPM' 'T ORDER OF THE CITY COMMlf f)N OF THE (,. . Y OF BOYNTON BEACH, FLORluA .;l'~~l-i"_-~, Developmlll't P &Z i Building I' Engineering k Occ. License I Deputy City Cler~. . 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-AA 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 ~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 Applic9f1t'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 g-s--o~ S:\Planning\SHARED\WP\PROJECTS\625 NE 15th Place - ... · '1- _,,~1.1il_._ - T'" -- -- 1 in. = 74.9 feet '"it ;, '~ p .' i: :e 0" j : t f 625 NE 15th Place - Deasy Variance EXHIBIT A EXHIBIT B "- '" /VE /S77t/ ,PLA(!t' \1''' t..\ ($0 I ~M/J () r(J ~ ,.&bour OF 'p/~ jlUASN E.7a. -- CVdi.llJ-nu&- N ~ F[) PK ( "\ Jv~#FE. /:31/ - /60/ rl1,J r 75: 00 '(,0) ~, f~ /0' "'.) ~~ ~~ ~\ "'l" 'I a, 1\ ~ ' ; ,.': ' ~ \'Ii g .' ~ -:. ' " , ZI.3S' ~ f . : ~ ", ~ 'b ~ ,- '. - ~ "73,7" ~ 3' '" ~~ 0\ Dill, ~ !\' ~ \~ fi' l~ ~ ~ Vol .4:). - , ~~ f\ l' l\) ~~ t; ~ ~ 3(), 46' ~ , . " .. . c I::. . . '~CN' ~ .... '\ \N~ .' C'O#IIC- , "- :::-.. / /. ~~ . ~ ~ ~ ~ - ," ~ () ~ "- )." . ~ ~ . ~ ~ .... ~ \)l \l\ POOl. 1.7,"8' " ~ I1i , ~ . . ~ . , i :-- -. "~ ..1 , . ~ C) . ~~~, . '. ~ t'--. :..... ~ ~ , \':) Vl ~ ~ 'i' "- -=z::...-. '\I '--' B ~ ~ . U ~ ~ \)~ 7$": (JO' t!>IM) ~~ c,(J.JT ~~ r ,~ 'A/#;'T (')r i\~ p~ ~~ ~ (" -r. ~~ EXHIBIT "c" I. D. 0II1d8118r. ..... P.A. ~~ ~~ Internal M8diCi18 2601 Flagla Ave. S_ 316 West Palm J3eaob. Florida 33401 Phoae 561-655-9110 FIlX S61-6SS~3612 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. /' .' I I I I ^ ^ 1 I^ I' ." ," I .,. J- ^ ^ ~ . I I . f "'UlI \. 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 ~ OIf~~ HELEN J~~~;LL, TRUSTEE DATED 5/16/05 Page 1 EXHIBIT "0" EXHIBIT 0 May 17,2005 Code Commissioners City of Boynton Beach, Florida N OTIC E As the westem-adjacentfand,.owner mUle property ~:at625- NE 1511 Place, in Boynton Beactt~ owned by.lohrtand- Maryanne ~ 1 hereby declare that I have no objection to the erection of a screened patio enclosure around the Duncans' existing swinu uiug poof-~ despite the fact: that the enclosure's measuret'Tle\1ts do not conform precisely to the city's regulations relating to the allowable distance from their property's eastem bounds. y fifle.. ~/~ ~ c:;;;. ( ii Cahill ~15 NE 15th Place Boynton Beach. Florida EXHIBIT 0 RICHARD F. HARTWIG 620 NE 15TH PL BOYNTON BEACH, FL 33435 April 1 7, 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, ~~?~ Richard F. Hardwig EXHIBIT E Addendum to Application for Variance for John Duncan and Maryanne Deasy-Duncan, Page 2, MAY I 8 200S Question 4 A. That special conditions and circumstanbs eXisL~cll:.ar~lp~~cwj 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 ofthe 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 S 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: I DEPARTMENTS I INCLUDE I REJECT I 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 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ 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 homes in the Cypress Creek community and was in the process of building and rebuilding in Atlantis Country Club. They believe that this house would be an asset to the community. Chair Heavilin opened the floor to the public. Mike Mrotek, 2624 Lake Drive North, Boynton Beach, speaking on behalf of the Lakeside Gardens residents, expressed opposition to the granting of this variance because there was a 30% difference between the Code and the request. Chair Heavilin closed the floor to the public since no one else came forward to speak. Jeff Tomberg stated that the variance should be granted because all of the legal criteria necessary to allow the variance had been met. The house would comply with all setback and other requirements. Chair Heavilin voiced the opinion that the City had a number of lots in the City that were platted many years ago and did not conform to the current Code. She thought the board should continue to address the 50-foot lot frontage requests as special cases. The board supported her view. Motion Mr. DeMarco moved to approve the request (ZNCV 05-003) for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow a 22-foot variance, resulting in a fifty-three (53) foot minimum lot frontage within the R-1-AA Single-Family Residential zoning district. Vice Chair Tillman seconded the motion that passed 5-0. 3. Project: 625 NE 15th Place (Deasy Variance) (ZNCV 05 05-005) Maryanne and John Duncan Maryanne Deasy 625 NE 15th Place Request 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-AA Single-Family Residential zoning district. Agent: Owner: Location: Description: Ed Breese, Principal Planner, stated that the request had been initiated due to the homeowner's desire to screen an existing pool. The former owner did not take the location into account and as a result, created a situation that now limits the applicant's ability to construct the enclosure within the setback regulations. Based on the traditional hardship criteria, staff believed that the variance request should be denied, However, the board has previously granted variances for other than hardship criteria, and may want to consider that: 1) This was not a case where the applicant built the maximum size pool knowing it would preclude the installation of a screen enclosure and was now requesting to vary the City regulations to accommodate one; 2) The subject request represents the minimum amount of area required to screen the pool and deck, based upon the existing improvements; and 3) Staff had not 5 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-AA 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