Wooster Variance DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wooster Variance
APPLICANT'S AGENT: Jeff Wooster
APPLICANT'S ADDRESS: 102 NE 18th Street Delray Beach, FL .33444
£ .
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: Request for relief from zoning code requirements for building setback.
LOCATION OF PROPERTY: Lot 39 South Road
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 App. li,gant
.,~. 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 Applic~ nt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immedi,~.t,e~y, u )on issuance by the City Clerk.
~~,~ al~ made in ac~rdance with the terms
All
fu~her
development
on
and cond~bons of th~s ord~
Other
SSPlanningtSHARED\WP\PROJECTS\Wooster Variance 01-023\D~..Je~p.Order Form-2002-Revised.doc
Location Map
Harbor Estates Lot 39
EXHI B IT "A"
800 0 800 1600 Feet
'HE]
EXHIBIT "B"
Request for rear setback variance.
Statement of special conditions, hardships and reasons justif3~g the requested exception
variance.
A. The 25ft. e,,dsting rear setback would impose an undue hardship on the use ofthe
land. The home would only be able to be 30ft. in depth therefore making it not
functional and bring down the overall value of the property. With the setback
reduced to 10ft. the home could be built to 45ft. in depth and allow for better use
of the land and home bringing up the property value.
B. The setbacks'were imposed by the city and do not result from the actions of the
applicant.
There are a total of 40 total lots within the development of Harbour Estates and 18
have applied and been granted the rear setback reduction to 10ft. versus 25ft.
Therefore, the granting of the variance requested would 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.
Do
If the variance would not be granted the applicant would be unjustly deprived of
the 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. Because 18 other lots in the development have been granted this
~rne setback variance they enjoy larger more functional homes and better views.
Ee
This variance, if granted, is the minimum variance that will make poss~le the
reasonable use of the land, building or stmc~e, maxlmi~ the functionality of
the home as well as the water views.
The granting of the variance will be in harmony with the general intent and
purpose ofthl.q chapter and that such variance will not be injurious to the area
involved or otherwise de'mental to the public welfare. Instead, expanding the
rear setback will add to the community with a larger and more valuable home and
allow for a more aesthetically pleasing front elevation.
-,EXHIBIT "C"
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~.~' ' ' ~ MATHAEY RESIDENCE ~ ....
so'~ ,~-ro~ I~[~C-'TI, _ri.0B.D,*, ~' :, ~ ,~. ~. 'f
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EXHIBIT "O"
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EXHIBI~
Lot ~ (Oc~pi=~li
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NOETM
EXHIBIT "E"
Conditions of Approval
Project name: Wooster Variance
File number: ZNCV 01-023
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
F O RES TERfENVIRO NMENT AL IS T
Comments: None X
PLANNING AND ZONING
Comments:
1. Portions of structure placed less than 25 feet from rear setback shall X
conform to side setback of 30 feet (west side) and 20 feet (east side)2
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined, rx~%.ql~ X
S:\Planning~SHARED\WP\PROdECTS\Wooster Vadance 01-023\Condition of Approval 2 page revised 2002 form.doc