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Mrkvicka Variance DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~t..u~..~. PROJECT NAME: Mrkvicka Variance ---"0 APPLICANT'S AGENT: Pamela Mrkvicka ~..~ APPLICANT'S ADDRESS: 203 NW 3rd Street Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 12, 2002 TYPE OF RELIEF SOUGHT: Request for relief from zoning code requirements for wall height within the front building line. LOCATION OF PROPERTY: 203 NW 3rd Street Boynton Beach, FL 33435 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: 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 Applicant X' 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 Applicant'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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~-~ ~ '. ~ - . DATED: ~-/~- O [o~ [ / ~i~Clerk S:~Planning~SHARED~WP~PROJ ECTS~MR~lC~De~lop.~rd~rm-2002~,doc EXHIBIT "D" Conditions of Approval Project name: Mrkvicka Variance File number: ZNCV 02-005 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The portion of the wall located into the front building line shall not exceed six (6) feet in height, measured from the surface grade outside the X wall. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 2. Proposed wall shall not exceed six (6) feet in height. X ADDITIONAL CITY COM1V~SSION CONDITIONS Comments: S:\Planning\SHARED\WP\PROJECTS\MRKVICKA\Condition of Approval 2 page revised 2002 form.doc Location Map i Exhibit"A" Mrkvicka Variance 800 0 800 1GOO Fed: EXHIBIT "B" A) Our house was built in 1925. The finished grade on most of the south side property line is 2'4" higher than that of the city ]nd our surrounding neighbors. B) Them is a retaining wall which existed when we bought the property. The retaining wall is a runway/launching ramp for :hildren. It is also a fa~'ite sitting area for assorted indi~duals After the sun goes down it is not uncommon to ~iew ladies soliciting and men selling their products f~'om our retaining wall. We frequently pick up beer bottles and other trash that has been eft on our lawn from the night time ~isitors. Two homes in our area (one down the street the other directly across the street) were 'ecently burglarized. The indi,,idual who robbed the house down the road dumped a stolen TV and bicycle in our yard in his efforts :o elude the police. C) 3he granting of this ~dance weutd enly g[~ ~s what e,,~ryene else has (~ is entitled to ha~e; a reasonable barder to insure safety, Pd~cy and protection. D) Denying our request would place us at risk for liab~ity suits, promote undesirable acti,,ity in our neighborhood and depri~ ~s of our dght to a reasonable.barrier. E) A 4 foot high fence is allowed from finished grade. We are asking for a 3' 8" stucco wall matching the texture and color of )ur home running the length of the south side property line minus the 25 foot set back. We would like to continue that height for he 25 foot set back on the west side property line. Pdor to beginning this project an old 6 foot high wooden fence ran along the ~.ntire wast side. F)'The completion of this project is in no way detrimental to the pubic welfare. It will cause no traffic concern and will..' ~liminate many safety issues. Apprmral of this ~riance will complete an impro~ment project suited to our 1925 Mission style tome. We ha~e taken out a home equity loan to ~und this endeavor. This is a substantial in~stment in our home, neighborhood ~nd hence this city. FEB I 3 2002 . ,~,,.~ s., ,sr. s,,,E,, .~ACCURATE LAND SURVEYORS. iNC. ~r.u ,,.,,, ,,,,.,., EXHIBIT"C" · ~n~o o~cH ~ r~o~o~ ~,~o~o ~ ~5 [s~ 2 ~ 2~ r~x. (~4) '~-~.~2 '  6 FOOT HIGH WALL o.~.: ~, ..... ~ . ~2~oo' ~"~ m-'''''~''' -[ ......... -" ........... ....... r ........ Z:: ~;, {~'...- ::_~..~ .... t -' .""" ~ , ~ a , ~slo.~ ~ .o' LOT 9 o ~ ~ .. - i:...~, i . I COT ~ { -, ~{ -. ;{. I e~. l~ LOT 7 ..... {.-.... J ~r { i { I !-.. ~1 E~ ~~- -h ~ ~ - J ' '~ ,- ~' w~c~...- -~, :" .. .:';.' . ~ :.' / ' ' ~ ' ; .~',.. -.'. '.. ~.-~. 2~' ~l~ ' / ' : ' ~ 'L"~ ...... ' moo a cap ',~ ~ ~ ~- ' . .... ., ~ .,. .... . : "~ :-., .',;.'::-~' c~: w,~'.:~..' :;':'~" ..... ,:'., ','.. :' "- < - .:j~.~ ~- k ~ .*,~ / ;".,~.'.::. :.'. :'.~ 1~ n~" ' "' ....... l~ : , ~ /{'-:::::':::'::~ ~ , ~. ~.,,. N.W. 3RD. STREET h' '"' RECEIVED I. 'il SHE~ OF PERMIT S~ NOV B ~ 2ilO1 ; DO NOT REMOV~ ~coPY ; BUILOINO DIVISIOn' SEAL ROBOT L ~OMPSON '"'" """' "' - I ~s,~ ~ TT-~e',~ ~ ~4~ SCALE 1"=20'