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AGENDA DOCUMENTS DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-087 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: May 12, 1998 Petition: Case No, 250 / / File No: ZNCV 98-003 Location: 658 Manor Drive Owner: Barbara Bradshaw Project Name: Barbara Bradshaw - Setback Variance Report Variance Request: Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5,G,2.a, to allow an 18.4 foot reduction from the required 20 foot side yard setback to 1,6 feet and a 29.3 foot reduction from the required 40 foot rear yard setback to 10,7 feet. BACKGROUND The subject property, owned by Barbara Bradshaw, is located one block north of NE 10th Street, east of Federal Highway on Manor Drive. See Exhibit "A" - Location Map and Exhibit "B" - Survey/site plan, The property is zoned R-3 Multiple Family Dwelling District. On or about March 8, 1993, a proposed site plan was submitted to the City for the renovation and improvement of the property. Due to limitation of funds the applicant was unable to build the proposed renovations and improvements. City staff at that time required a unity of title be recorded for the property and proposed parking for the proposed ten dwelling units be completed with improvements made to the drainage system, The applicant states that those improvements have now been made, Of primary concern to the city was the joining of separate buildings without the required permits, This "joining" has modified previously considered non conforming structures into one structure that does not meet setback requirements. Hens the need for the variance, The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - Residential development, zoned R 1-AA Page 2 Memorandum No. 98-087 Barbara Bradshaw - side and rear yard setback Case No. 250 -staff report South - Residential development, zoned R-3 East - Residential development, zoned R 1-AA, further east the Intercoastal waterway, West - Residential development, zoned R1-AA, further west C- 4 commercial development and US Highway 1, The code states that zoning code variances cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b, That the special conditions and circumstances do not result from the actions of the applicant. 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. d. That literal interpretation of the provisions of this ordinance 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, e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare, The above considerations are further elaborated by the applicant in Exhibit "0" - Statement of Special Conditions, Hardships, and or reasons justifying the requested variance, Page 3 Memorandum No, 98-087 Barbara Bradshaw - side and rear yard setback Case No, 250 -staff report ANALYSIS As part of this request against the above criteria, staff evaluated the impact upon and consistency of the existing structure and use with the character of the existing neighborhood and alternatives to avoiding the variance request. The existing structures on the property have been altered and modified on numerous occasions over the years. On two occasions December 4th, 1991 and April 21, 1994th the applicant requested an occupation license, Both requests required an on-site inspection where the building inspector cited numerous code deficiencies and violations, (see Building Division Memorandum Exhibit "0") The subject property has a total of ten units divided into two buildings on separate parcels; ie" parcel one which includes units 5,6,7,8,9,10 of which only units 8 and 10 are permitted, and parcell! that includes four units (1,2,3,4). The two buildings in question do not meet side and rear setback requirements, therefore the need for the variance. Neither building currently meets setback requirements for the R1-AA zoning district in which they are located. RECOMMENDA TION Based on the above analysis, staff recommends that this request by Barbara Bradshaw of 658 Manor Drive of Boynton Beach for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.G,2,a, to allow an 18.4 foot reduction from the required 20 foot side yard setback to 1.6 feet and a 29.3 foot reduction from the required 40 foot rear yard setback to 10.7 feet be approved subject to the structures on the site reverting to the number of units as allowed under the zoning and they're being brought up to City code requirements. The parcel's existing density far exceeds that which is allowed. This recommendation is contingent upon meeting those conditions of approval indicated within Exhibit "E" - Conditions of Approval. xc: Central File J:\ SHRDATA\Planning\SHARED\WP\PROJECTS\658 Manor Drive Barbara Bradshaw\staff rep-25Q,doc EXHIBIT "A" ".' -.,,,........'''~....._... .....~.,o<.-...--..__.~..,_.._""... ,..:.....~....,~. 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""~': ]~~ 11IJ ~ IT 'fjllnbY J,J ~ ' ""~';[~'>.o&,II'!1t (if ' ' ..., ';,' ~ ,~~';i.:'> j ~Ujt: II ;- I 1J.U. = ~ r-1 c:< I Ii: :~~I.J!T~!r :! N: J>.J:!II' '.. 0"'- rr-, -=h-~-' ~ ~. F - '~:~~' !t~~~'ai "TJ, ...~ ';1'~ ..; ;: f ,..;,; ':f ,I"f'"--....... )UTT't ::a - ~ III-! ':, "'"~ ~ . ~~ i: .~ , :.>\.'\......., '~'\i 't -f, ~ ~_ f:;: , ~.~ , ~ ' ~, " ... ".,\, ;,.........,....... () '~13 ~ -.. c;,~ l~t4~11f.lfi Jf!/: '~"/li;:!f,j39~ !J 0 Q,l ~ 1 n. ;"~,, ,,', ~ 'f :: l'i , ;'j'I';<t;""J, . J -"I ~ .....' " C B Itl:l\ (~;,;~ ,: if / f ,:tt~~r::S,V~~~E;;~ e,,' ," LJ' : I ! I ' I III :Il" I. AL v:::1J ,;-~~:'1:,:;: :":1 '~h",!:~};ff ' , t, /;j~,f,r;, 81.\1 . ..... 8FACII.... . ,: ;: T If, ,I I I I I r !' rf1f ......::.. Y' i il ". II"~, ~, ! ,... ...:;' :: ',.', I i"" i', - ~ :, ......I~. '~ I'. .' rn =_ I' .. ' :/ T T L T - l L I I T L I L-.. d~; i ff[:.'I" ~~.l i ~T~;I!"~' '0 1/8 MILE'S, {a~ ~ ~ J:~ I" m i [, : I ,II ~ :' :: '~ I -- 'i'. IIII ',: . I '.l,~.ll '~~$ ~.....J... I I [llj ~ml-L:~lJljt::~,"~ ,,/ .1,"'''' : ".1- ::J i Lj; , ".. " ""'1 h "n. ." I :J . ['0 400, '800 FEE;T j I j 1 1 k+ 1if11f~fUJ't,,:/ ~~ ----+= r-l . n,fJ;;;;.Jr':J __ - - 'r. LOCATION MAP BARBARA BRADSHAW r ~ . -~ ... o .. >- u ~ en I- , , S ' . ..J ' r.y ~ ~ lit ' ' .... .,,'[ \ I I- ~~I ... It 0 11 << , I 0 u .J '. I ..l.." -lfr - r :....._- ----~~'f ~ . "..,/1l EXHIBIT "B" EXHIBIT "c" STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS, AND/OR REASONS JUSTIFYING THE REQUESTED VARIANCE A. The special conditions and circumstances which are peculiar to the land, structure, and/or buildings included and which are not a~~licable to other lands, structures, plus buildings in the same zonIng district are: On or about March 8, 1993, a proposed Site Plan was submitted to the City of Boynton Beach ("City") for the renovation and improvement of the subject property. Due to a linl~Lation of funds, Applicant, Barbara R. Bradshaw, was not in a position to build out all of the proposed renovations and improvements as set forth in the original proposed Site Plan. As a result, and at the request of staff, the Site Plan wa~ revisPrj to reflect the project into TWO (2) phases (i.e., Phase 1 and Phase 2). At that ti~e staff required that a Unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase 1 and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built . out as part of the renovationlimprovement of Phase 1. All such additional required parking has been added. The Appli- cant further improved the parking area during the Phase 1 renovation and improvements by the installation of a full and complete drainage system. Also, the City required the Applicant to install street lights on Manor Drive, which is a private street (i.e., easement), which have been installed. - 1 - 1Y.).'" ! ,', I;,' ,,' ii"d" ;~" l!....J.~< .' -~... After reviewing the original Site Plan (with staff, Barbara R. Bradshaw, and her architect, George C. Davis), the Site Plan (as to Phase 1 and Phase 2) was modified in accordance with the requirements of staff, and Permit Number 93-0432 was issued on February 4, 1993. At no time during the application and approval process for the issuance of a Building Permit for Phase 1 did ~taff raise any concerns or address any issues relative to rear and side yard setbacks or the minimum square footage of the dwelling units on the subject property. All renovations and improvements [other than parking (for both Phase 1 and Phase 2), landscaping, and pool] were made to the interior of the existing structures in Phase 1. On June 13, 1993, a Certificate of Occupancy was issued for Phase 1. All presently existing buildings on the subject prop- er!-y__~e:r;:,e i..~existence in December, 1992 when the applicant purchased the subject property. The presently existing buildings on the subject property were built between approxi- mately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. . The subject property has been continuously occupied on a constant and uninterrupted basis since 1952. Since its purchase in December, 1992, no one other than the Applicant has occupied any of the structures located on the subject property which is included in Phase 2. In reliance upon the approval of the original Site Plan, on or about July 10, 1995, Applicant, Barbara R. Bradshaw, - 2 - ... ........... ~ .. ..' - ~ lT1''\nVl Ii \1'/ 'i"[1 ~,l _,' _ r. ~:,t \ ; 1 . \ ," '.' - :-. '. ,1; " .. 1 submitted to the City a Site Plan for the Phase 2 renovation and improvement of the subject property. All renovations and improvements are to be made only to the interior of the existing structures in Phase 2. The Applicant, Barbara R. Bradshaw, will not increase the size of the existing struc- tures in the renovations and improvements of Phase 2. . - 3 - ;~""iI'~. ;..-"t<' "1"'.:'" '.. - ., j _~: j ./~. ',,' ;:!;:~ X~l~ U il , 't 1-".": J. ~" " j B. ~he specinJ conditions and circumstances do not result from the actions of the Applicant. In :2cember, 1992, the Applicant purchased the subject property. All presently existing buildings on the subject property were in existence ln December, 1992 when the Applicant purchased the subject property. The presently existing building a on the subject property were built between approximately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. The subject property has been continuously occupied on a constant and uninterrupted basis since 1952. Since its purchase in December, 1992, no one other than t~e Applicant has occupied any of the structures located on the subject property which is included in Phase 2. ~he Site Plan approved in 1993 required that a unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase 1 and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built out . as a part of the renovation/improvement of Phase 1. All such addi tional parking has been added. The Applicant further improved the parking area during the Phase 1 renovation and improvements by the installation of a full and complete drainage system. Also, the City required the Applicant to install street lights on Manor Drive, which is a private street (i.e., easement), which have been installed. - 1 - \i' :', C. 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. The granting of the Variance will not confer any special privilege on the Applicant since all of the presently existing buildings (in Phase 2) on the subject property were built by the prior owners in accordance with the then ordinances and requirements of the City. There are no building plans on file with the City as to what was built on the subject property in approximately 1952. Prior to 1955 the City did not issue Building Permits. Additions and improvements made after 1955 were made pursuant to Building Permits issued by the City. In fact, for most of the Lake Addition Section of the City no building plans exist. The most reliable documentation consists of "sketch" type drawings (without any detail) on old . tax records of the City. Many such records and building plans may have been destroyed in the fire (many years ago) at City Hall or they are simply missing from the microfilm records of the City. As an example, no building permit exists for the 6- unit, 2-story, apartment building located at 611 Northeast Tenth Avenue in the City. Neither the rear yard nor the side yard setbacks of that apartment building meet today' s require- ments fax R-3 zoning. In addition, the square footage of the dwelling units in that apartment building are betwe~n approxi- mately 354 to 600 square feet. That property has had an - 1 - }i~\ :'t;";! !,' .: '.' t'. -~ ; ~ ... d fl occupational license to operate as an apartment building since approximat~ly 1987. . - 2 - D. A 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. Other properties Ln the same R-3 zoning (sue information relative to 611 Northeast Tenth Avenue in Item C) have been allowed to be renovated and improved when they did not meet either rear or side yard setbacks and minimum square footage requirements for a dwelling unit. The Applicant has invested substantial amounts of both time and money in Phase 1 and PhaEle 2 and uas been led to believe by staff that Phase 2 would merely be an extension of Phase 1. This is especially the case since the Applicant has built out all of the requireci parking spaces for both Phase 1 and Phaae 2 as well as installing additional street lights 011 Manor Drive; plus the installation of a full and complete drainage system for the parking area. . - 1 - I' ," \ ' .: r I . " . ~ ...; 1 .~ E. The V~riance ~ranted is the minimu~ Variance that will make possible the reasonable use of the land, building, or atruc- ture. 'rhe presently existing buildings on the subject property were built between approximately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previnus owner of the subject property. Since then the size of the structures has not been increased. Further, the Applicant will not lncrease the size of the existing structures in the renova- tions and improvementci of Phase 2. Additional parking anu street lighting for Phase 2 have been added and installed as required by staff for the Phase 1 renovations and improve- ments, as well as a full and complete drainage system for the parking area. . - 1 - "~,t~} '\. '. '1 I,' ''':' I......, .. " ,.. . F. The granting of the Variance will be in harmony with the general intent and purpose of this Chapter and that such Variance ~lill not be injurious to the area involved or otherwise detrimental to the public welfare. The presently existing structures on the subject property have existed since between approximately 1952 and 1969. The proposed renovation and improvements of Phase 2 will not increase the square footage of any presently existing struc- tures. . - 1 - 'I.'," . ... -' ." ... , , ,", . - I ~ . ., i ~. i EXHIBIT "0" BUILDING DIVISION MEMORANDUM NO. 94-293 December 22, 1994 TO: FROM: Carrie Parker City Manager h~l1am V. Hukill, P.E. {j~ding Official BRADSHAW PROPERTY - 658 MANOR DRIVE RE: Attached please find a summary of the status of subject property which was prepared by Building Compliance Administrator Don Johnson. The final paragraph summarizes the steps required to bring the buildings into compliance. WVH:bh Attachments XC: Al Newbold w/attachments Don Johnson BRADSHAW BUILDING DIVISION MEMORANDUM NO. 94-292 December 21, 1994 TO: William V. Hukill, P.E. Building Official FROM: Don Johnson Building Complianr.e Administrator RE: BARBARA BRADSHAW PROPERTY - 658 MANOR DRIVE On April 21, 1994, Barbara Bradshaw requested an occupational license inspection for 658 Manor Drive. This property had been left in a deteriorated state and my records for an occupational license request at this address date back to December 4, 1991 when Richard Limehouse requested an occupational license. At the time of Mr. Limehouse's request, I did a report (copy attached) for the Building Official at that time, Don Jaeger. Mr. Jaeger then conferred with Chris Cutro, the Planning & Zoning Director at the time, and a letter was generated from Mr. Jaeger to Mr. Limehouse dated December 6, 1991 (copy attached) . My inspection on April 21, 1994 revealed the same findings as my Dece~~er 1991 report indicated. I addressed the various code requirements and left Mrs. Bradshaw with copies of the violations. Prior to Mrs. Bradshaw purchasing this property, she had corne into the Building Department to obtain any previous documentation concerning this property. She and her contractor, Gary Cummins, met with both Milt Duff, Chief Plan Check Inspector, and me. At that time, both she and Mr. Cummins were aware of the problems concerning this property. It is my opinion that in order for Mrs. Bradshaw to legally occupy these structures in the manner she is requesting in her occupational license application, she would need to have an architect draw plans meeting all applicable codes and have licensed contractors file applications, secure permits and receive all applicable inspections. It is my belief that the architect may have difficulty maintaining the minimum square footage requirements, minimum ceiling height requirements and proper tenant separation. &~hQ!~ DJ:bh Attachments MANOR,6SB %e City of :Boynton :Beach /~ 100 'E. 'Boynton. 'Buuli. 'Bou.fevara (.' ?~~..~ 'Boyrr.ton. 'Br:;~' ;~:2z033425'03l0 . \'..~.! (407) 738.7480 \~ :TJU: (407) 738.7459 'BuiMing'lJepartTTUn.t, City:Hal[ Complt.:c W"-St <J.1;l~ December 6, 1991 Richard Limehouse 215 Mediterranean Road Palm Beach, Beach, FL 33406 Dear Mr. Limehouse: This letter is in response to your application for occupational licenses at 656 and 658 Manor Drive. After receiving the license application, the Building Department has done extensive research, both in--house and in the field, regarding your request. We have determined, through the available documents, that three apartment units lawfully exist at 656 Manor Drive and two at 658 Manor Drive. In order to receive an occupational license for rental units at this location, you must either permit the unlawful units or else return the structures to their original lawful condition. The intensification of this property will require the site to comply with all present day City ordinances and building codes. Water and sewer capital facility charges and county impact fees must also be collected. Please reference the attached memorandum to me from Don Johnson, Building Compliance Administrator, as to the current status of this project. Also, bear in mind that we can only issue an occupational license to the valid owner of these properties. If you require further assistance from the Building Department, please call Don Johnson at 738-7480. Sincerely, D .(1 ilger B~~Official DJ:bh Attachments XC: Don Johnson, Building Compliance Administrator Betty McMinamen, Occupational License Administrator Central files MANOR. DOC 5i.mcmas gateway to the yu(fstream MEMORANDUM December 4. 1991 TO: Don Jaeger, Building Offic~al FROM: Don Johnson, BUilding Compliance Administrator RE: OCCUPATIONAL LICENSE - 656 AND 658 MANOR DRIVE Concern~ng the status and research that has been performed on the above address, I offer the following: 656 Manor Drive was constructed in two phases. The front portion consists of a residential apartment, office, utility room and an open roofed patio area. The back portion of the building consists of two apartments that were permitted. The total amount of legal apartments this address has had permi tted--rsThre-e. Presently the front portion of the structure has had an unpermitted apartment constructed in the utility - office area of this bUilding. . 658 Manor Drive consists of four various structures. The first structure is the front bUilding, which is a Single-family residence with an attached screen porch in front and an attached carport. Attached to the Single-family residence in the rear is the.s~cond structure, which is a two-story structure. The two-sto~y structure was constructed with an apartment above and a util~ty room area below. The third structure is a ~ump house fhatl's---located directly to the rear of the single-family house, attached by a small roofed area to the Single-family house. Located to the northwest of the Single-family residence is the -fourth structure, approximately 19' X 24'6" CBS structure, This stru~s 'l2ermitted with th~ foui,~~~I~ro<:>_f iii1d electr_ica! <:lutl~_~s only. The total amount of legal livina units this address has had ~ * " permitted is .t"w,o".. presen. tly, this address h, as five living uni t:r!::s "'-.. C.J((~I"-{{y The single-fa!llA-1,y,~re.?iSl:~nce l1a~, three apartments that have been constructed- in it and part--of one of the apartments in the Single-family residence extends into the bottom floor of the two-story, attached structure, that was a utility room. The two-story attached structure has an apartment that was permitted on the second floor. The unattached structure, measuring approximately 19' X 24'6" has had interior walls, kitchen and bathrooms installed without benefit of permits and inspections. The site has only five off street parking spaces located only at 658 Manor Drive. These parking spaces consist of the carport attached to the Single-family residence and two driveways that are in front of the Single-family residence for a total of three. Located to the west of ~he single-family res1dence is a small slab and drlveway to the slab which would allow parking of two more vehicles. During the Occupatlonal License inspection, the inspectors noticed the following: 1. Tenant separation has not been maintained. 2. Emergen~y egress openings have not been addressed. 3. Minimum height in some aparcments is not seven feet. 4. Each apartment, if zon~ng requirements will allow them to be permitted, would require a bathroom and a kitchen. 5. Numerous violations of the Minimum Housing standards exist, eg.: missing or torn screens, weatherstriping and thresholds need replacing and adjustments, holes in walls need to be patched, windows need to be replaced or repaired, shower floors and walls shall be impervious to water, slabs and sidewalks need to be patched so not to create a tripping hazard, etc. 6. Bathrooms must be properly ventilated. PLUMBING 1. Existing plumbing fixtures in need of replacement or repair. 2. Damaged piping is in need of replacement or repair. 3. Bathrooms and sinks have been installed without permits. 4. Open sewer pipes need to be properly sealed. 5. SWimming pool safety enclosure shall be maintained with self locking gates and be a minimum of four feet in height. ELECTRIC 1. Exposed wiring shall be properly sealed. 2. Damaged or missing fixtures need to be replaced. 3. Blanks needed at open breakers in panel. 4. Extension cords shall be removed and fixtures properly wired or plugged into receptacles. i~J}1wWM / Don Jo: son DJ : PIr. BUILDING DIVISION MEMORANDUM NO. 94-275 November 21, 1994 To: Carrie Parker, City Manager From: Don Johnson, Code Compliance Administrator Re: Barbara Bradshaw Property 658 Manor Drive Pursuant to your request, after extensive research of City ~ecords, I submit the attached report. Observations reflect that many permit nurr~ers, using surrounding neighborhood addresses, were inadvertently placed on the land file cards and tax roll paperwork for 658 Manor Drive. Hopefully the documentation attached, listing permit n~~bers and respective addresses, will clarify information. If I can be of further assistance, please let me know. Do4nW~ DJ:mh Atts. cc: William V. Hukill, P.E. Milt Chief Plan Review Inspector A: BRADSHAW. CM Please refer to the attached narrative for the following permits which are applicable to the following addresses: 651 Manor Drive: Permit No. 1499 656 Manor Drive: Permit Nos. 7015 9931 658 Manor Drive: Permit Nos. 600 5336 5568 8979 9382 10367 13010 78-2185 86-1407 660 Mw~or Drive: Permit No. 4614 710 Rider Road: Permit No. 1154 1114 North Federal Highway: Permit No. 3881 1120 North Federal Highway d/b/a Sunrise Motel, Park Shores Manor, Palm Shore Motel: Permit Nos. 547 3807 4486 5897 6035 6267 9727 83-1527 85-0601 (1) Permit No. 651 Manor Drive: 1499 656 Manor Drive: 7015 9931 658 Manor Drive: 600 5336 5568 8979 Date Issued 8/24/69 12/7/66 No date 511169 7/27/62 3/27/63 5/24/73 (2) Work Permitted 651 Manor Drive - Re-roof and addition with electriC' - $400 value. 656 Manor Drive rather than 658 Manor Drive, two apartments 1298 Sq. Ft. Previously permitted units with pool. 656 Manor Drive rather than 658 Manor Drive - Fence around pool - 98' of 4' high fence between property. 658 Manor Drive - Addition - 20' X 16' built-up roof, block walls, 4" slab, no stucco, 2" X 10" wood joist @ 16" o.c. with no ceiling placed at the northwest corner of single family house with future expansion noted to connect to west side of addition. 658 Manor Drive - Enclose existing slab 12' X 15' into tool shed. No electric, no plumbing, no plans submitted. 658 Manor Drive - Addition, one room on 2nd floor of existing building with one bath. Plot plan shows 658 as an existing single family house. Walls CBS, roof- tarlgravel, floor - wood, anchoring - steel, ceiling - plaster. Plans show water heater is located under upstairs bathrcom. 658 Manor Drive - Re-roof - No microfilm. Permit No. Date Issued Work Permitted 9382 6/26/73 658 Manor Drive - Air conditioner for house. One separate central unit for entire house. 10367 No date 658 Manor Drive - 187' of fence. 1:3010 12/3/74 658 Manor Drive - Re-roof - No microfilm. 78-2185 11/14/78 658 Manor Drive - Sprinkler System 86-1407 4/28/86 658 Manor Drive - Re-roof of flat deck on part of building 25 Sq. Ft. - Doug Roark, owner. 660 Manor Drive: 4614 3/24/61 660 Manor Drive - Addition to rear structure, electrical was to add 1 circuit to existing service at spare. Block walls, 2" X 8" joist @ 16" o.c. with a built-up roof with lath and plastered walls and ceiling. Rear of existing structure has many angles and does not look like anything I have seen at 658 Manor Drive. 710 Rider Road: 1154 8/4169 710 Rider Road - Fence behind building at six locations for total of 105', 3' high chain link. 1114 North Federal Highway: 3881 No date 1114 N. Fed. Hwy. - Sign for diner called Three Seas Diner on U.S.1 - Fed. Hvr~. 1120 North Federal Highway d/b/a Sunrise Motel, Park Shores Manor, Palm Shore Motel: 547 No date 1120 N. Federal Hwy. - Fence 3807 No date 1120 N. Fed. Hwy. - Addition - Park Shore Motel - No microfilm. (3) Permit No. Date Issued 4486 12/19/60 5897 2/12/64 6035 7/7/64 6267 2/2/65 9727 No date 83-1527 8/9/83 85-0601 3/15/85 A: BRADSHAW. CM (4) Work Permitted l120 N. Fed. Hwy - Sign - No microfilm. 1120 N. Feu. Hwy. - Sign permit for double sided sign Park Shore Manor. 1120 N. Fed. Hwy. - Porch addition for Park Shores Motor Court. 1120 N. Fed. Hwy. permit for two slabs. 1120 N. Fed. Hwy. - Replace previous free-standing sign - Sunrise Motel. l120 N. Fed. Hwy. - Re-roof - Built-up 35 Sq. Ft. flat for Sunrise Motel. 1120 N. Fed. Hwy. - Install temporary information sign - Rustic Retreat Retirement Motel. EXHIBIT "E" EXIllBIT "E" Conditions of Approval Project name: 658 Manor Drive (Barbara Bradshaw) File number: ZNCV 98-003 (setback) Reference: Zoning Code Variance application dated February 25, 1998, DEP AR TMENTS INCLUDE REJECT " PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: 1. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 2, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3, To be determined, ADDITIONAL CITY COMMISSION CONDITIONS 4, To be determined, DEVELOPMEt ORDER OF THE CITY COMMISS'-" OF THE CIl y OF BOYNTON BEACH, FLORIDA PROJECT NAME: 658 Manor Drive (Barbara Bradshaw) APPLICANT'S AGENT: Peter H. Schmidt APPLICANT'S ADDRESS: 400 South Dixie Highway, Suite 420, Boca Raton 33432 DATE OF HEARING BEFORE CITY COMMISSION: 5/19/98 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side and rear yard setback) LOCATION OF PROPERTY: 658 Manor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, 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 X 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 lHAS 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 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 terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev, Orders\DEVELOPMENT ORDER REV,doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 7,1998 March 20, 1998 (noon) ~ June2, 1998 May 22, 1998 (noon) 0 April 21, 1998 April 10, J 998 (noon) 0 June 16, 1998 June 19, 1998 (noon) 0 May 5,1998 April 24, 1998 (noon) 0 July 7, 1998 June 26, 1998 (noon) 0 May 19, 1998 May 8, 1998 (noon) 0 July 21, 1998 July 10, 1998 (noon) RECOMMENDATION: Please place the requests below on the June 2, 1998 City Commission meeting agenda under Consent - Ratification of Planning and Development Board Actions, The Planning and Development Board with a 7-0 vote for Item 1 and Item 2 below, recommended approval subject to staff comments, For further details pertaining to these request, see attached Planning and Zoning Memoranda No, 98-087 and 98-088, EXPLANATION: Item 1, PROJECT: 658 Manor Drive (Barbara Bradshaw) AGENT: Peter H, Schmidt LOCA TION: 658 Manor Drive DESCRIPTION: Request for variances from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2,a to allow a reduction ofthe minimum side yard requirement from 20 feet to 1.6 feet and the minimum rear yard requirement from 40 feet to 10,7 feet, respectively. Item 2. PROJECT: 658 Manor Drive (Barbara Bradshaw) AGENT: Peter H. Schmidt LOCATION: 658 Manor Drive DESCRIPTION: Request for variances from Chapter 2 - Zoning, Section 5,G,2.a, to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for unit #5;393 square feet for unit #6; 545 square feet for unit #7; 568 square feet for unit #9; and 499 square feet for unit # I O. PROGRAMIMWACT: NM FISCAL IMPACT: N/A ALTERNATIVES: N/A 'J Jl 7' J/' t/ / ",&'-<-t/'1 J Cj/)vtJ!ii-/2/Utlc_ Department Head's Signature City Manager's Signature Development Department Name L' ~~(~..~~' Acting Director of Pia i g and Zoning IICH\MAIN\SHRDA T AIPLANNINGlSHAREDlWPlPROJECTS\658 MANOR DR - B,BRADSHA W\AGENDA ITEM REQUEST 3&4 6-2-98,DOC - .I. - - - - ~ 'r - - - - - - --- period when the city's permit process commenced), or where permitted, or partially permitted, by the city despite any possible violations, For example, the main residence (unit #7/8 as shown with a 12 foot side setback), is indicated on county tax records as existing prior to 1952, unit #10 (the second floor over unit #9 and / EXHIBIT "A" LOCATION MAP A '-Ul.jAIIUN MAl- BARBARA BRADSHAW_ .- - 1 :,..."1;/1111-I ECU " r : ~l]J-r ~ - ~>=-~~~~L :- ~ it '. I' . r :; ., ,.. f ~ j' ,:1 ._\, ~:'~ -lr: ~;t:7-~', ~ ~1"': I, : 11 ,r-'i ~ "'''''- . ---,oi := . --.- "--or-' ~ '. .. --,....- I I t II. f -1 ~. - ..~.:).. 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Ci..:. trrn- II ....- :;f :~~ :ill.l f-r-+++.tt I~ ~ i ~ - -4f:- i- c:: I : :: ' - q: fl ~ , ~ 1'T't..= ,_ 11II ! ;, :; 'T' II ,I, ~ f- I, J,:::_c;;: j _ ;.. :" ",....... _ _ _ _ I . . . ~ 1T! ~ H . . ,,!!, B E - Cl!:l; ~ .....'.. !: ..@s '." J 0 ..c.T1- 1 l.~--, lJ'r'; ( ,'i "Ii u'llmlJ F C~~ , ' " ~~ 8FA':'" ~ ....,- I I ,:jT;T, ' ,~.t .~~ en y, ". , .': 1 III: I r-.., .. , , .. .r , -.. ,,,,' H:A~~ ,',. , "ll :::-:-:..::= !:' -- : ,.1 I, T I "::::-IC:_~ _, ' . , _ _____ _ I, ~ ....1-. -, e,': LL I ~rr-: I'll ' '" ; 'r-..., ' .~ =l [:, ' , - , 0 ,-,:: :~ Ri; , . m~, ,": f ,~ii.+-_, ,.' '/'/111 ;2:~~'~ B C:"~P =1 ,:::: ~~;t' '!"~t::: i '0 40 :-~-:}_: r-Y'C:~ 'lTIITLI Hf::JEJc L~ .. ,. ... ... '" Cl :;) ,J ~ 'J .:D I~r ~-.-:t ~/!I f ~,y'// 2J/' /, . l.S~;:~ C ~/ ~ ~~ lirYtl' jf- t:ff '--f.,~, ~ r '- i r~ 1/8 ' , I o '800 FEET . Pt..'tNNIN Ii pe,pr. 0...,/ !I' .... EXHIBIT "B" SURVEY ,___,--'-m___ _ _ , ,_.. ,__,__ -,.: 'J "'!::'\ ~.:~ ~ ~ "' .. " - ..~ .' I ,.../;,":,~/ ~,I .~' .,..../_ v , I-I .'1,,/ ...~... "'" , \ .... ~ ..~ \'1"\ I' '''.' 'i- '~ ' , " , '" , '" \~ '" - ... ,,~ ,l~~ \ ". . '.: ~ ... ~...- I., "'-~ ,; ..., ".... -: .:-:: ..... -,~.... \'.-, I': \ ... ~ ... , , , ' , -- ,~ . .....: - ~.\:\ '- , '. , ~ ...." C, ..... I ,. ... ..,- " " .. . ... , _. =-----;0 J "t'~/ .. 1', , '. - \ "- , -'... , - '. ",;- ~ '. " , "- ',,:> .... :-:" " '\ , .\ y , ~ I~~ ,~ I'.:~ , '. , ,I . .' ....., . .. , , . "~\ "":, ~'J ......i ':.. " I ~, , - ,. :..... ~~ :' \~. .....~ r:t-, -: " " ~. I ll.. " ... ~~ ,~ ", ~~ I -:: " '-... . " ~ ..~:Io -,~ n ,'\ -", I.. \ .... '" " ..... ...'- .... " . ..., \ .. I, \ r, ~- l... 'J '\ , \ , . I . . -.I " ..... I.. '.... " .... , , ..... ., .. '- \ " .... '" ~ EXHIBIT "C'" BUILDING LAYOUT v <-, ._; ~, .. .1 .", 6.. . ~... -;;~,!\ . >" !It.;:" ..:..-y ~~ ~ ~ ...... '" - t:' ~ ;' ::::7 <:,) / ..I ~l '2' ~ ~ ,.: :!: ~ .:::1 '~;::.,. :::2 ~'i~ :~...); - l;-, ::~l :hi ~. -fi - Sj, ~,i! ~:!ll ~jl w..." :,a''''lIlI :; ~ '" ... ~ " I' ~ ~~' ;!~ ~h _~~ ~11 ~i1:: ~[i'l' s-... L,-, :vtv""" I ~~:~~I~' , ~ -1-1 "I_ ir:;;l :: -':""i ._ -.. i v ~IL1 '! ;. "'" - ':2 _, .:.!, !. } I }J! ... ,S~ ~ ;;: Hi - - . -~: "'" ~:; -:'",;; !~ i ~ l~, ~ ..;.lF~ - =rrr t;I....----...Q1 ~ '.. ~ ) oJ' .., ", r a;~ ~I% ~Il glc ~Il! 51S1 ~i8 81~: i'~1 iI'! I a I s ~I - It, ~ ...: ~III ! ... "I ~1 ~: 4E jii t,t ,j> ~~ g ~l ~~I y' (1.1 il.., ~~ ~:!; ~~; .-.1:~! ~~: :;,~, !=~' :: I a ' .J, (I' _ .!!,.~ ~!~ l'~, .01,- ;1 ;,.. ,,~, ~t &1: S ~ J~ -5 >< 4,.';> I I, o ~ ' ,11 Xk 'l' f~ c. . ~c: , !~~ ~~ .i ~ji. "1 .@~ ~I ~J 't":""~, ., I ipl"':~~ .,L '"i ~~ '="- ~ /'\ /' 1 Q .1 ~' ~ '"I '6>' 1 ~' '"" /;;, :0: ~ " :: ~ ~ F .'1 t' .. .. ~: ~! 'I ~i-ai ,.: ~! 4<, I .Il't, ~:~ ~1..1 :. ..II"" co ~ill ..I ~! "21 ~I ;... j ~ ~ l' \::i ~ ,~, III ! f ;~,-, " <"%: 1~ i "'-.,J EXHIBIT "0" APPLICANT'S JUSTIFICATION LL:L,__,_, A. The special condit;ons and circumstances which are peculiar to the land, structure, and/or buildings included and which are not applicable to other lands, structures, plus bUildings in the same zoning district are: STATEMENT OF SPECI~ CONDITIONS, HARDSHIPS, AND/OR REASONS JUSTIFYING THE REQUESTED VARIANCE Si.. e prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject propert}' by Applicant in December, 1992 ~he subject property (including Phase 1 and Phase 2) has been commonly known a~, referred to as, and ope~ated as Park Shore Manor Apartments. On or about March 8, 1993, a proposed Site Plan was submitted to the City of Boyntou Beach ("City") for the renovation and impruvement of the ~ubject property. Due to a limitation of funds, Applicant, BarbaL'a R. Bradshaw, was not in a position to build out all of the proposed renovations and improvements as set forth in the original proposed Site Plan. As a result, and at the request of staff, the Site Plan was · revised to reflect the project into TWO (2) phases (i.e., Phase 1 and Phase 2). At that time staff required that a Unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase 1 and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built out as part of the renovation and improvement of Phase 1. All - 1 - --...t.~ .......... .... .. i~' :' -. .f': ' . .' "1. oJ j , ..., ,{ I such additional required parking has been added. The Appli- cant further improved the parking area during the Phase 1 renovation and improvements by the installation of a full and complete drainage system. Also, the City required the Applicant to install street lights on Manor Drive, which is a private street (i.e., easement), which have been installed. After re,riewing the original Site Plan (with staff, Barbara R. Bradshaw, and her architect, George C. Davis), the Site Plan laS to Phase 1 and Phase 2) was modified in ac~ordance with the requirements of staff, and Permit Number 93-0432 was issued on February 4, 1993. At no time during the application and approval process for the issuance of a Building Permit for Phase 1 did staff raise any concerns or address any issues relative to rear and side yard setbacks or the minimum square footage of the dwelling units on the subject property. All renovations and improvements [other than parking (for both Phase 1 and Phase 2), landsc~ping, and pool] were made to the interior of the e~isting structures in Phase 1. On June 13, 1993, a Certificate of Occupancy was issued for Phase 1. . All presently existing buildings on the subject property were in existence in December, 1992 when the applicant purchased the subject property. The presentJ y existing buildings on the subject property were built between approxi- mately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. The subject property has been continuously occupied on a - 2 - constant and uninterrupted basis s~nce 1952. Since its purchase in December, 1992, no one other than the Applicant has occupied any of the structures located on the subject property which is included in Phase 2. In reliance upon the approval of the original Site Plan, on or about July 10, 1995, Applicant, Barbara R. Bradshaw, submitte.l to the City a Site Plan for the Phase 2 renovation and improvement of the subject property" All renovations and improvements are to be made only to the interior of the existing structures in Phase 2. The Appl~cant, Barbara R. Bradshaw, will not increase the size of the existing struc- tures in the renovations and improvements of Phase 2. . - 3 - . ...1.... ,:1 B. The special conditions and circumstances do not result from thl'! actions of the Applicant. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and JE;an R. Pipes, his wife, through November, 1992, and until the pu~~hase of the subject property by Appl~I,,;..oll1t in December, ~992 the subject property (including Phase 1 and Pha.se 2) has been commonly known as, referred to as, and operated ~s ~ark Shore Manor Apartments. In December, 1992, the Applicant purchased the subject property. All presently existing buildin~s on the subject property were in existence in December, 1992 when the Appli- cant purchased the subject property. The presently existing buildings on the subject property were built between approxi- mately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. The subject property has been continuously occupied on a constant and uninterrupted basis since 1952. Since its . purchase in December, 1992, no one other than the Applicant has occupied any of the structures located on the subject property which is included in Phase 2. The Site Plan approved in 1993 required that a Unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase 1 and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built out as a part of the renovation and improvement of Phase 1. All - 1 - " j I 't; ~ ~! '" ;. ".. , ;'1 ...__ A such additional parking has been added. The Applicant further improved the parking area during the Phase 1 renovations and improvements by the installation of a full and complete drainage system. A~so, the City required the Applicant tu install stret:lt lights on Manor Drive, which is a private street (i.e., easement), which have been installed. . - 2 - .11. <; " r! .) , ! 'j C GL~nt i~lg tl.c: tT ,.ciance requested will not confer on the Applicant any sp,=cial privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district. Since prior to the sale of the subjec~ property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, clnd until the purchase of the subject property by Applicant in December, 1992 the clubject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. The granting ,.f the Variance will not confer any special privilege on the Applicant since all of the presently existing buildings (in Phase 2) on the subject property were built by the prior owners in accordance with the then ordinances and requirements of the City. There are no building plans on file with the City as to what was built on the subje~t property in approximately 1952. Prior to 1955 the City did not issue Building Permits. Additions and improvements made after 1955 were made pursuant to Building Permits issued by the City. In . L ~t, for most of the Lake Addition Section of the City nc" bUilding plans exist. The most reliable documentation consists of "sketch" type drawings (without any detail) on old - tax records of the City. Many such records ,and building plans may have been destroyed in the fire (many years ago) at City Hall or they are simply missing from the microfilm records of the City. As an example, no building permlt exists for the 6- - 1 - '''1' ::...;1':; r, . ~:<' ~ ~ , r ~1 unit, 2-story, apartment building located at 611 Northeast Tenth Avenne in the City. Neither the rear yard nor the side yard setbacks of that apartment building meet today's require- ments for R-3 Zoning. In addition, the square footage of the dwelling units in that apartment building are between approxi- mately 354 to 600 :'iquare feet. Tha t property has had an occupational license to operate as an apartment building since approximately 1987. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 2 - '. ~ .. " D. A literal i~terpretaticn of the provisions of this Chapter would deprive the Applicant of rights common:y enjoyed by other properties in the same zoning district under the teJ-ms of the ordinance and would work unnecessary and undue hardship on the Applicant. Other properties in the same R-3 zoning (see information relative to 611 Northeast Tenth Avenue in Item C) have been ~llowed to be renovated and improved when they did not meet either rear or side yard setbacks and minimum square footage requirements for a dwelling unit. The Applicant has invested substantial amounts of both time and money in Phase 1 and Phase 2 and has been led to believe by staff that Phase 2 would merely be an extension of Phase 1. This is especially the case since the Applicant has built out all of the required P jOking spaces for both Phase 1 and Phase 2 as well as installing additional street lights on Manor Drive. . Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. - 1 - ;:.:,,~ ,:, ;i'~l il ;.,: i1'll'~ .~,4......ill. -"1..:.1....,... ,II. (:1' 't llJl ...' , r> E. The Variance granted is the minimum Variance that will make possible the reasonable use of tne land, building, or struc- ture. The presently existing buildings on the subject property were built batwe~n approximately 1952 and 19ti9 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. Since t!lt::.ll the size of the structures has not been increased. Further, the. Applicant will not increase the size of the structures in the renovations and im- provements of Phase 2. Addi tional parking and street lighting for Phase 2 have been added and installed as required by staff for the Phase 1 renovations and improvements, as well as a full and complete drainage system for the parking area. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including Phase 1. and Phase 2.) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 1 - h.':','!' -I "",, '~-J1J .... ... ~. . '. " .' ~~::.J,.:',l'U~' '~1 .:I... " . 1 la ...,,-..., F. The granting of the Variance will be in harmony with the general intent iJ.nd purpose of this Chapter and that such Variance will n..Jt be injurious to the area involved or otherwise detrimental to the public welfare. have existed sinei" bet....,Taen approximately 1952 and 1969. The The pres~ntly existing structures on the subject property proposed .'enovation and improvements wi.ll not inerease the square footage of any presently existing structures. Since prior to the sale of the subjecL property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of th~ subject property by Applicant in December, 1992 the subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 1 - f ..." : . ~.. - tilJ I I.~."'):'" otJ ~i ~~ ' ~ - 05-[2-98 ! I :33AM FROM SQHMlDT ~ PHETERSON P02 LAW orr:I:". SCHMIDT Be PHETEflt80N "II:TII:III 101, .e~MIl;lT I. ..11,.,.11I1:1' ..,"t'I'~Il.0N .00 aounl O.XIt: HIOMWA'l' THII: ..11II.011I . SUITt 420 BOCA RATON, F"I.QIIl'Cl" 33432..024 ULII:C:O "I 11:11II I_I) "84..7715 TUIrPMON~ (Sell :)..,..,00 .1II0W~o(.541~2.'04~3 May 12, 1998 VIA FACSIMILE TRANSMISSION Planning and Development Board City of Boynton Beach, Florida Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: 658 Manor Drive (Barb.... Bradshaw, Owner) Dear SirlMadam: This COlTcspondence serves as a request for postponement of the public hearing today on the zoning code variances sought for 658 Manor Drive, property owned by Barbara Bradshaw, agenda items 7.A.1 and 7,A.2. The reason for the requested postponement is that the agent. Peter H. Schmidt, has had a death in his family and he is currently in central Florida attending the funeral of his wife's father. He will not be able to attend, and no other persons are familiar with the details involved with the set back requirements and minimum square foot requirements involved in these two requests for variances. Consequently, a postponement is requested to the May 26, 1998 meeting. This request for postponement is respectfully made and is not for the purposes of delay. Thank you for your consideration of this request It is my understanding that I need not attend the meeting this evening. If I am incorrect, please contact me. Sincerely, IJP/jdn cc: Michael Rumpf Barbara Bradshaw ~"'._--... c:~h4\bra4th&w\boybch.4 0:-\2-98 \! J3AM FROM SCHMIDT & PHETERSON POl FAX TRANSMISSION LAW OFnCEs SCHMIDT &. PBETERSON 400 SOU'TM OIXIE HIOMWAY, SUitt 420 Bcc.t. R.l.TON. FLOFllc.o. 33432 (S6Il31;14'27oo (~54l 428-0433 F"AX; (5e I) 3~4-e7715 To: City Of Boynton Beach Planning & Zoning Division 561-375-6259 Due: May 12, 1998 J,).'It;~I"1. . Fax#: Pages: d... including this cover sheet. From: L JEFFREY PHETERSON Subject: Barbara Bradshaw COMMENTS: Correspondence endosed. The information in this facsimile is confidential and may also be attorney-privileged. The information is intended "nly for the use of the Individual or entity to whom it is addressed, If you are not the intended recipient, or the employee or agent responsible for delivering it to the Intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you received the facsimile in error, please Immediately notify us by a collect telephone call at (561) 394-2700. and return the original message to us at the address above. via U.S, mall. Thank you. c: \f\ij p\ CITY 0--1: BOYNTON B~'ACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday May 12, 1998 TIME: 7:00 P,M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1, Pledge of Allegiance, 2, Introduction of Mayor, Commissioners and Board Members. 3, Agenda Approval. 4. Approval of Minutes. 5, Communications and Announcements, A. Planning and Zoning Report 1) Final disposition of the April 28, 1998 Planning and Development Board meeting agenda items, 6, Old Business None 7. New Business: A. PUBLIC HEARING Zonino Code Variance 1. PROJECT: 658 Manor Drive (Barbara Bradshaw) AGENT: Peter H, Schmidt LOCATION: 658 Manor Drive DESCRIPTION: Request for variances from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2,a to allow a reduction of the minimum side yard requirement from 20 feet to 1,6 feet and the minimum rear yard requirement from 40 feet to 10.7 feet, respectively. Page 2 Planning and Development Board Meeting Agenda, May 12, 1998 2, PROJECT: 658 Manor Drive (Barbara Bradshaw) AGENT: Peter H, Schmidt LOCATION: 658 Manor Drive DESCRIPTION: Request for variances from Chapter 2 - Zoning, Section 5,G,2,a, to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for unit #5;393 square feet for unit #6; 393 square feet for unit #6; 545 square feet for unit #7; 568 square feet for unit #9; and 499 square feet for unit #10. 3, PROJECT: Riverwalk Plaza AGENT: Lee Starkey LOCATION: 1606 S, Federal Highway DESCRIPTION: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6 foot high chain linked fence along the south property line in lieu of the required 6 foot high concrete block buffer wall to separate the Riverwalk Plaza from the abutting residential district. 4. PROJECT: Packaging Concepts AGENT: Thomas J, Willi LOCATION: 4925 Park Ridge Blvd (Packaging Concepts at Quantum Park PID). DESCRIPTION: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 7 - Planned Industrial Development, H.16, to reduce the required rear setback from 30 feet to 13 feet to allow installation of an aluminum pan roof over existing ground- mounted mechanical equipment. Parkina Lot Variance 5. PROJECT: Benvenuto's Restaurant AGENT: Jean-Philippe Gaudree LOCATION: 1730 N, Federal Highway Page 3 Planning and Development Board Meeting Agenda, May 12, 1998 DESCRIPTION: B, SUBDIVISION Master Plan Modification 1. PROJECT: AGENT: LOCATION: DESCRIPTION: C. USE APPROVAL 1. PROJECT: AGENT: LOCATION: DESCRIPTION: D. SITE PLANS New Site Plan 1. PROJECT: AGENT: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 23 - Article II, Section 1.1, to allow the existing parking area with 24 foot wide access aisles and 24 foot back-up area to be exempt from the current standard of 27 feet in connection with an addition to the existing restaurant. The existing parking area to be covered by the variance will be used exclusively for valet parking, Newport Place PUD - Caretenders Robert Kuoppala 4745 N.W, 7th Court Request for modification to the master plan for Newport Place PUD to replace the previously approved medical office use with an adult day care center to consist of a maximum of 70 guests and 12 staff within the existing 6,300 square foot building, Quantum Park PID - (Whitfield Interiors) Nicole Swift Butters Construction and Development Immediately west of 1-95, north and south of Gateway Boulevard, Request for use approval to add manufacturing, fabrication and assembly of furniture to the Quantum Park PID list of permitted uses for all parcels with an industrial master plan designation, Robert A. Lalane II, DMD Michael Corbett Page 4 Planning and Development Board Meeting Agenda, May 12, 1998 LOCATION: 2521 S, Federal Highway DESCRIPTION: Request site plan approval to construct a 3648 square foot dental office with associated landscaping and parking. 8, Other None 9, Comments by members 10. Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MA TIER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F,S, 286,0105) ALL ITEMS WHICH ARE NOT PUBLIC HEARING, WILL GO FORTH TO THE CITY COMMISSION AS CONSENT AGENDA ITEMS. THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST, xc: Central File J:ISHRDA T AIPLANNINGlSHAREDlWP\AGENDAS\P&Dl5-12-9B, DOC Ibme 7.A.1 658 MANOR DRIVE (BARBARA BRADSHAW) ZONING CODE VARIANCE (REAR AND SIDE YARD SETBACK) DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 98-087 Date: May 8, 1998 Petition: Case No, 250 File No: ZNCV 98-003 (rear and side setback) Location: 658 Manor Drive Owner: Barbara Bradshaw Project Name: 658 Manor Drive Variance Request: Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5,G.2.a, to allow an 18.4 foot reduction from the required 20 foot side yard setback to 1. 6 feet and a 29.3 foot reduction from the required 40 foot rear yard setback to 10,7 feet. BACKGROUND The subject property, owned by Ms, Barbara R, Bradshaw, is located one block north of NE 10th Street, east of Federal Highway on privately-owned Manor Drive (see Exhibit "A" - Location Map and Exhibit "B" - Survey), The property owner, in preparation for requesting an occupational license for apartments, is requesting relief from the above-referenced land development regulations which require that all units constructed within the R-3 zoning district have a side setback of 20 feet, and a rear setback of 40 feet, Being processed concurrent with this request is a request by Ms. Bradshaw for relief from the R-3 zoning regulations that require all dwelling units to have a minimum living area of 750 square feet (see staff report numbered PZ 98-088 for Case #251). An occupational license for apartments on this property was requested on both December 4, 1991 and on April 21, 1994. The former request was made by a Mr, Richard Limehouse, and the latter by Ms. Bradshaw, Just prior to Ms. Bradshaw's license request, on or about March 8, 1993, she submitted a proposed site plan to the city for the renovation and improvement of this property, The subject property currently consists of three (3) separate structures. The largest structure consists of one portion identified on the survey as a "I-STORY RESIDENCE" (units #6, #7, and #8 on the building layout plan within Exhibit "C"), and attached to this structure at its northeast corner is that portion identified as a "1 & 2 STORY APARTMENT BUILDING" (units #9 and #10 on the floor plan), The second structure is shown as a "1 STORY APARTMENT BUILDING and numbered unit #5 on the floor plan, The last structure is a "I-STORY SHED" and is attached to the larger residence via a covered walkway. The property is zoned R-3, Multiple Family Dwelling District. The portion of the structure containing units #9 and #10 is located 1.6 feet from the side property line, and a tool shed and unit #5, is located 10.7 feet from the rear property line. Similar information is documented on the history of this site within memorandum PZ 98-088 for Case #251, but most relevant to this variance request is the fact that certain structures either existed prior to 1952 (prior to the period when the city's permit process commenced), or where permitted, or partially permitted, by the city despite any possible violations. For example, the main residence (unit #7/8 as shown with a 12 foot side setback), is indicated on county tax records as existing prior to 1952, unit #10 (the second floor over unit #9 and / Page 2 Memorandum No. 98-087 shown with a 1.6 foot setback) was permitted by the city in 1963 as an "apartment", and unit #5 (shown with a 1.6 foot setback) which was also in existence prior to 1952 as proven by aerial photos. The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - Residential development, zoned Rl-AA South - Residential development, zoned R-3 East Residential development, zoned RI-AA; farther east is the Intracoastal waterway. West Residential development, zoned RI-AA; farther west is C-4 commercial development and US Highway 1. ANALYSIS The code states that zoning code variances cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district, b, That the special conditions and circumstances do not result from the actions of the applicant. 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. d, That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the tenns of the ordinance and would work unnecessary and undue hardship on the applicant, e, That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance) and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare, The applicant's response to the above criteria is included within Exhibit "D" - Statement of special conditions, hardships, and/or reasons justifying the requested variance, These structures pre-date the existing zoning code, At some point in time the two main single family structures were converted to apartments, Some of this work was done with permits and some of it was done without permits; records are incomplete or do not exist. Current setbacks for single family structures built in a multi- '7 cA. Page 3 Memorandum No. 98-087 family dwelling district are different (less) than the setbacks for multi-family structures - 25 feet rear and front and 7 1/2 feet side for single family vs, 40 feet rear and front and 20 feet side for multi-family. The existing structures do not meet current single-family setbacks either, but are grandfathered as single-family structures, In addition the three apartment units on parcel 2 (now unified with parcel one) have been permitted and are licensed, It should also be noted that although the existing rear setback is technically 10,7 feet, there is a road that exists within the rear setback, This road is approximately three feet from the rear of units #5, #9 and #10, A partial explanation to these setback violations is the fact that the original owner, a former mayor named J, Willard Pipes, subdivided the property sometime around 1966, after the units were constructed. The units were not built within the required setbacks, but were placed in this nonconforming status once subdivided, This action was apparently accepted at that time, Lastly, there is concern that approval of all the requested setback reductions will encourage others to make improvements and change uses without permits to avoid meeting code requirements. SUMMARY/RECOMMENDATION Based on the above analysis, staff recommends that the request by Barbara Bradshaw of 658 Manor Drive of Boynton Beach for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5,G,2.a, to allow an 18.4 foot reduction from the required 20 foot side yard setback to 1.6 feet, and a 29,3 foot reduction from the required 40 foot rear yard setback to 10,7 feet be approved, This recommendation is subject to the conditions of approval indicated within Exhibit E, Conditions of Approval. Although this property exceeds the maximum density currently required for properties within the R-3 zoning district, sufficient evidence exists to grandfather the existing units based on date of construction relative to the city's permit process, or the subsequent permits granted to the property by the city, The use of said structures are still subject to all building codes and regulations, and any other relevant information contained in memorandum number PZ 98-088, MR Attachments xc: Central File S:\PLANNINGlSHAREDlWPIPROJECfSI658 MANOR DR - B,BRADSHAWlZNCY 98,OO3\STAFF REP SETBACKS YAR,DOC n o EXHIBIT "A" LOCATION MAP t LUl;AIIUN MAP SA. ,SARA BRADShAW -r~ -. t-''JI'"II''''i~ 4 - -~ I I ------:' r1!B#i'tIt"J::: c;r(J:' '" ----~-.:Jm. '~ ~ II~L -1 :- ---'t 't3 ' ' ',: '- t.: L r-tI3 ---r;~ - :; t-:~ I/;'}' I ~1-": i.:.',. t ,I ,r"" 'I jar- ~ _, I~' h,.,-- , ". ::~.~ ~ '--:-:~lf~f~~' :/ tl (~: ~_T (L II ~....J, ;~,,' ':':-~ /, - "f b_~LL-, I I r -~,~ I r t:~ 1.... ',r, ~,....-::= ~.' 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'-11; t' 1111 .;;.....l 41' ~ I', ' "'hm. II I I '~o 400.'800 FEET :]~ill,,'l r;:tH'~~!]lliif HI::Jfj ~~F,j ,5' ... o ~ u ~ '" ~ J ..J III ... ~ .. Q: 0 ,1 a 0 oj 4', 'l~C;' --,J: '. ". '\. '/11 EXHIBIT "B" SURVEY ~ ~'. J : ~I .. . - .' I ..." I .... ...,-~ I' ''. I 'i- ,~ . , .. " , ,..." ......- '" ''i ... ,- ... .. '"., ....... '.. \, "J .... \.....- '" .... ~ '" -... 'i "', '."..... ":::....... .... ....::,. ..... ('.., \\", .... .. t... ~<. , ...... . \ , . - 1....... \ , '. \ .....\. - ~.\~ ...... ...- ...:~ ...., ~ I I '.... '- ..., , " ~~J , , " ..... _'f'~1 ~ ,~ ~'>~ ~.~~ 'J ~ ~ I ... , ~ \ I \.. " ~ -... I I 1_/ ;~;,:I ~? .-:' _/~./_ 1/ , , f -I /1.,1 _!.. ., I 1,,'\ 'J ~.... ". '-J \ .. \ , I r, 0::- l... \'f\ " " ......, ...' .... '..; '\ I I ) ~".- ~ "', \ ~ I" , ( III I~~ '!ot \"~ , 1', '. , - " ... _:.-... , 'J ,-;- .. " ~ "l' , '.'J .:' " :\) .... '~ ... .\ " ('\':, .- I'. ("'J 'UI , ) I ~ , ~-:: - '.. :" , .... " ... (". '., .1, .., . , ~~ , ~ ... ..... .'" " -, ... I " , ,I . ., ........ I \ " . , , · -.l , 0 '. \ " , ......; , :.. ... " :...... " , ," , ...., I 0:. '. ~~ ,~ ", ~~ '--:.' '::0 '..... ... , ..... ., '. .... \ " .... ....... '- J 7 , <' EXHIBIT "c" BUILDING LAYOUT g' ___i~ I - L~- :1 ~fJ7"~~ ~ tiJ'. ~~ '~, ~ 3 ~i .c.;1 ;i -"'11 ~ ': -:1 \~ 2:1 ~~ ~ ~I ~! ~i ~li ~: ......." ~I~ ; ~I~ ~. "' .. ;;l : ~ l' L~.'ill" <1' ~f;<.I'''':: . i1t i ~ ~~ =: ... -'-' ~ ... 2~ 111 !~ '1 ~A~. i~ ~l:/."~..:v~ ~I .,'" j ~ ~ l' \:i ~ * ill i J' ~! ~III I i: l-' '"~ ~"I .', ~ ~~. ~: -; ':?' t1i 1'! ~.~ -.1 ~Ii ~Ia. ~~ J. . ... ..... j l a . :1< ~ f1 I"-~I ~,i ~', g 41i .... ~I~I ~'~ ~ ~ <::. L ~'~I ~ii 21:1 8i": ~.'I ~ ' ~~: j ~ ~"~I :i: III ~ ' ~ = "~I j!" - . tl ,,~, -3.t ~ ~' , : .J- .,;:; '" . "I ~::r' ,,3: ''"' ~ ~! ~'~ ~d ~ ~ .-10: ~ ~ !""'=J 'II ,~ . :l" o ",. 4i~ 9 ~ ~\ ,... ~I I I Cl ~ ,I\!: '><~ ~~ . & .... Tc: ~~~ 'r ' \- ~,,~ , . ~ I f...t"'JI'--)."'#L~~"'!-' -"" - ~ ' ~'" :1 ....... .5:G:- :oJ . '.<~,~,- -" .." I I",: '" "'.1\ ;: a> '-u...-:......;. 1~ 'l.~101'' e, : - ~~..~ I ~ ",~, " ~ -!::t:"'""'.-, '" "'1- .1.- \;\ _I_i~~' ~ ~I~D.I : ~ "t1:i":lo.i~; 1 ~1~:;\2 ~ _.......-f... ~~ 1 ~ ~! ~ I I EXHIBIT "D" APPLICANT'S JUSTIFICA TION }O STATEMEh~ OF SPECIAL CONDITIONS, HAHDSHIPS, AND/OR REASONS JUSTIFYING THE REQUESTED VARIANCE A. The special condit; ons and circumstances which are peculiar to the land, structure, and/or buildings included and which are not applicable to other lands, structures, plus buildings in the same zoning district are: SiLe prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 ~he subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and opecated as Park Shore Manor Apartments. On or about March 8, 1993, a proposed Site Plan was submitted to the City of Boyntoll Beach ("City") for the renovation and impruvement of the ~ubject property. Due to a limitation of funds, Applicant, BarbaLa R. Bradshaw, was not in a position to build out all of the proposed renovations and improvements as set forth in the original proposed Site Plan. As a result, and at the request of staff, the Site Plan was · revised to reflect the project into TWO (2) phases (i. e. , Phase 1 and Phase 2). At that time staff required that a Unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase 1 and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built out as part of the renovation and improvement of Phase 1. All - 1 - -.,..,t ." . f : ,'" ~ ; t. . . ~.... I'.J . ; . ....., I { such addition~~ required parking has been added. The Appli- cant further improved the parking area during the Phase 1 renovation and improvements by the installation of a full and complete drainage system. Also, the City required the Applicant to install street lights on Manor Drive, which is a private street (i.e., easement), which have been installed. After reviewing the original Site Plan (with staff, Barbara R. Bradshaw, and her architect, George C. Davis), the Site Plan ldS to Phase 1 and Phase 2) was modified in aC~urdance with the requirements of staff, and Permit Number 93-0432 was issued on February 4, 1993. At no time during the application and approval process for the issuance of a Building Permit for Phase 1 did staff raise any concerns or address any issues relative to rear and side yard setbacks or the minimum square footage of the dwelling units on the subject property. All renovations and improvements [other than parking (for both Phase 1 and Phase 2), landsc~ping, and pool] were made to the interior of the e~~isting structures in Phase 1. On June 13, 1993, a Certificate of Occupancy was issued for Phase 1. . All presently existing buildings on the subject property were in existence in December, 1992 when the applicant purchased the subject property. The present] y existing buildings on the subject property were built between approxi- mately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. The subject property has been continuously occupied on a - 2 - /2- constant and uninterrupted basis since 1952. Since its purchase in December, 1992, no one other than the Applicant has occupied any of the structures located on the subject property which is included in Phase 2. In reliance upon the approval of the original Site Plan, on or about July 10, 1995, Applicant, Barbara R. Bradshaw, submitteJ to the City a Site Plan for the Phase 2 renovation and improvement of the subject property. All renovations and improvements are to be made only to the interior of the existing structures in Phase 2. The Applicant, Barbara R. Bradshaw, will not increase the size of the existing struc- tures in the renovations and improvements of Phase 2. . - 3 - , "'Ii" ",'1 13 B. The special ~ ~ditions and circumstances do not result from tht~ actions of the Applicant. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and J€:an R. Pipes, his wife, through November, 1992, and until the pUl~hase of the subject property by Appl.Ll;u.nt in Decemher, .1.992 the subject property (including Phase 1 and Pha.se 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. In December, 1992, the Applicant purchased the subject property. All presently existing buildin'Js on the subject property were in existence in December, 1992 when the Appli- cant purchased the subject property. The presently existing buildings on the subject property were built between approxi- mately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. The subject property has been continuously occupied on a constant and uninterrupted basis since 1952. Since its . purchase in December, 1992, no one other than the Applicant has occupied any of the structures located on the subj ect property which is included in Phase 2. The Site Plan approved in 1993 required that a Unity of Title be recorded relative to the subject property. In addition, staff required that all of the proposed parking for both Phase I and Phase 2 [consisting of parking to meet the requirements for TEN (10) dwelling units] had to be built out as a part of the renovation and improvement of Phase 1. All - 1 - . . :! ~ .' i ~ .. t ~ .A ; I ~.. ;-\ If nc such additiono.... parking has been added. The Applicant further improved the parking area during the Phase 1 renovations and improvements by the installation of a full and complete drainage system. A~so, the City required the Applicant to install street lights on Manor Drive, which is a private street (i.e., easement), which have been installed. . - 2 - .. ,; .!1 'i " rl) , ! 'I )5 unit, 2-story, apartment building locatea at 611 Northeast Tenth Avenue in the City. Neither the rear yard nor the side yard setbacks of that apartment building meet today's require- ments for R-3 zon~ng. In addition, the square footage of the dwelling units in that apartment building are between approxi- mately 354 to 600 :5quare feet. That property has had an occupational license to operate as an apartment building since approximately 1987. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 2 - ~. ,.. . . . "' " , . 17 D. A literal i~. rpretaticn of the provisivas of this Chapter would deprive the Applicant of rights common1.y enjoyed by ot-.!ler properties in the same zoning district under the teJ-ms of the ordinance and would work unnecessary and undue hardship on the Applicant. Other properties in the same R-3 zoning (see information relative to 611 Northeast Tenth Avenue in Item C) have been ~llowed to be renovated and improved when they did not meet either rear or side yard setbacks and minimum square footage requirements for a dwelling unit. The Applicant has invested substantial amounts of both time and money in Phase 1 and Phase 2 and has been led to believe by staff that Phase 2 would merely be an extension of Phase 1. This is especially the case since the Applicant has built out all of the required P j-kinq spaces for both Phase 1 and Phase 2 as well as install ins additional street lights on Manor Drive. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including . Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. - 1 - .~~,<;~;. :i.~j jl ;.,~ ii.\i~ ,................od. .l.l..:.L....iI,lI. lil I:~ 11.>> j. : /15 E. The Variance granted is the minimum Variance that will make possible the reasonable use of tne land, building, or struc- ture. The presently existing buildings on the subject property were built batween approximately 1952 and 1969 by J. Willard Pipes (a former Mayor of the City) who was a previous owner of the subject property. Since th~tl the size of the structures has not been increased. Further, the Applicant will not increase th~ size of the structures in the renovations and im- provements of Phase 2. Additional parking and street lighting for Phase 2 have been added and installed as required by staff for the Phase 1 renovations and improvements, as well as a full and complete drainage system for the parking area. Since prior to the sale of the subject property in 1978 by J. Willard Pipes and Jean R. Pipes, his wife, through November, 1992, and until the purchase of the subject property by Applicant in December, 1992 the subject property (including Phase 1. and Phase 2.) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 1 - ~i.;':'\,;' ; '. '1 ".',~.; u. t'l J .' ~ ';;-:._J. .;I,JU~;,j JL .~1 .:aj; '. " ~ , f I~ F. The granting vf the Variance will be in harmony with the general intent and purpose of this Chapter and that such Variance will nwt be injurious to the area involved or otherwise detrimental to the public welfare. The presc:ntly existing structures on the subject property have existed sinci.~ bet\':2en approximately 1952 and 1969. The proposed ,'enovation and improvements wi.ll not increase the square footage of any presently existing structures. Since prior to the sale of the subjecL property in 1978 by J. Willard Pipes and Jean R. Pipes, his wiie, through November, 1992, and until the purchase of thd subject property by Applicant in December, 1992 the subject property (including Phase 1 and Phase 2) has been commonly known as, referred to as, and operated as Park Shore Manor Apartments. . - 1 - , - ~\ : . "j . c , , t") . ~i ~~ ' . " 1","'0" ",:J 0(0 EXHIBIT "E" CONDITIONS OF APPROVAL -.;(/ EXHIBIT "E" Conditions of Approval Project name: 658 Manor Drive (Barbara Bradshaw) File number: ZNCV 98-003 (rear and side setback) Reference. Zoning Code Variance application dated Februarv 25 1998 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: 1. All units shall meet all building related codes and regulations. PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /bmeJ .ISHRDA T AIPLANNINGISHAREDIWPIPROJECTSI658 MANOR DR - B.BRADSHA W\ZNCV 98-0031COND, OF APPROV AL-98-OO3,DOC :JJ DEVELOPME=~ ORDER OF THE CITY COMMISf~N OF THE CII ( OF BOYNTON BEACH, FLORIDk PROJECT NAME: 658 Manor Drive (Barbara Bradshaw) APPLICANT'S AGENT: Peter H. Schmidt APPLICANT'S ADDRESS: 400 South Dixie Highway, Suite 420, Boca Raton 33432 DATE OF CITY COMMISSION RATIFICATION: June 2, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side and rear yard setback) LOCATION OF PROPERTY: 658 Manor Drive 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 ..lL 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 ..lL GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED (in part - see Exhibit C) 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: City Clerk J.ISHRDATAIPlanningISHAREDlWPIPROJECTS16S8 Manor Dr - B,Bradshaw\ZNCV 98-003IDEVELOPMENT ORDER - 98-003,doc ~3 CITY uF BOYNTON ocACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DA TE: Tuesday May 26, 1998 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach I Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. Communications and Announcements. A. Planning and Zoning Report 1) Final disposition of the May 12, 1998 Planning and Development Board meeting agenda items. 6. Old Business None 7. New Business: A. PUBLIC HEARING Zonina Code Variance .. 1. PROJECT: 658 Manor Drive (Barbara Bradshaw) AGENT: Peter H. Schmidt LOCATION: 658 Manor Drive DESCRIPTION: Request for variances from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.a to allow a reduction of the minimum side yard requirement from 20 feet to 1.6 feet and the minimum rear yard requirement from 40 feet to 10.7 feet, respectively. Page 2 ~ ~~~i~~ ~~~ ~~~~ ~~m~~t ~~r~ ~~ll~~ Agenda, May 26, 1998 2. PROJECT: AGENT: LOCATION: DESCRIPTION: 658 Manor Drive (Barbara Bradshaw) Peter H. Schmidt 658 Manor Drive Request for variances from Chapter 2 - Zoning, Section 5.G.2.a, to allow for a reduction of the required minimum 750 square feet of living area for apartment units to 370 square feet for unit #5;393 square feet for unit #6; 393 square feet for unit #6; 545 square feet for unit #7; 568 square feet for unit #9; and 499 square feet for unit #10. Land Use AmendmentlRezonina 3, PROJECT: AGENT: LOCATION: DESCRIPTION: Rezonina 4. PROJECT: AGENT: LOCATION: DESCRIPTION: Code Review 5. PROJECT: Vincent Barrera Vincent Barrera 3025 N. Federal Highway, Delray Beach, Florida 33483 Request for, amendment to the Future Land Use Map of the Comprehensive Plan from CH (Commercial High) in Palm Beach County to Local Retail Commercial (City of Boynton Beach), and rezoning of the property from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) in the City of Boynton Beach in connection with annexation of land. The property is developed and currently used for the making and selling of pottery. The Hamptons of Boynton Beach Kieran Kilday _ Kilday and Associates, Inc. Northeast corner of Woolbright Road and Knuth Road Request for rezoning and master plan approval to construct a 192 unit apartment complex to be known as The Hamptons at Boynton Beach PUD (fka Tara Oaks PUD). and a church. Self Storage facilities 7.A.3 and 7.A.4 658 MANOR DRIVE (BARBARA BRADSHAW) ZONING CODE VARIANCES (SIDE AND REAR YARD SETBACKS) (MINIMUM DWELLING SIZE) 04-09-92 03:37PM FROM SC~IDT & PHETERSON POI lAW 0' "'CCl> SCHMICT & PHE:T&RSON ,.enu, ". aGllMIOT I. .Iel'" KeY" ttnclWON "00 GOI,IT" gIXlC 'iIOKW,,"" THe M.O". tillITe ..co BoCO^ RATON, F\.OI'lIO", ;'~.3Z'GOZ4 Ta-ceO"lli" 1.011 :'4-0""1> nl,'''110HC 1$011 :3....1:700 g"OWMD (.~I.'O.a..:J:J ~ACSIMILE TRANSMITTAL MEMO DATE: TIME: April Sf, 1998 .::9. 'OJ (} FAX NO. : .. M1chael N. R~f, San10r Planner Comprehen.ive Planning Oivi.ioD (561) 375.62551 'to: FROM: Peter H. Schmidt -rirCc. r:l TOTAL NUMBER OF PAGES (Including Cover) : ~ ('2') oJ REFERENCE: Barbara R. Bradshaw 658 Manor Orive MEMO: The information in this facsimile is confidential and may also be attorney-privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by a oollect telephone eall at (561) 394-2700, ~ return the original message to us at the address above via the U. S. Postal Se~ice. Thank you. 04-09-98 03:37PM FROM SCHMUDT & PHETERSON POZ lAW Ci 'riCE. SCHMIDT 8c PHf:TERSON ,one" H, ICHlo4lg,- '. JIJ""IIEV ""Cn;~ION ..co BOUTH , IItlE HIOHWAV THC MilO', . aUIT' 410 BOC:A RATON, rL( "'DA 33431.8014 ULII:COI'Ir." , IIIl :s.....7'. TCI.II'HONI: CM1l3lt4.ll 00 .,,~O(.'41..2..~)3 April 9, 1998 FACSIMILE TRANSMISSION (561) 375-6259 Michael W. Rumpf, Senior pl~ner Comprehensive planning Division planning and Zoning Department City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Rea Barbara R. Bradshaw 658 Manor Drive, Application for Zonin~' Variances (Square Footage and S<t-Back.) Dear Mr. Rumpf: Please accept this letter a3 your authorization to removp. the abo"e-referenced matters from j he April 14, 1998 agendtl ot the Planning and Development Board. Pursuant to our recent discusoioJ'l, t.his request is being made duE' to the errclr in the Not-,1cea of Public Hearing. When both Notices are re-p' ~blished, the Notice relat lve to a reduction in the required minimlM 150 square feet of livi.ng art:a tor an apartment unit sho1.l1d i n(~lude all of the following; A. 370 square feet for Unit 5j B. J~i3 square feet for Unit 6; C. 5L,5 square feet for Unit 7; O. 568 square feet for Unit 9; and E. 499 square feet for Unit 10. It is my understanding th,,,t you will atter.lpt to re-publiah both Notices of Hea~ the earliest poseible hearing dace (~, hopefu:lv on{Mav~12. ~9R). 04-09-93 03:37PM FROM SCHM1Di & PHETERSON P03 Michael w. Rumpf, Senior planner April 9, 1998 Page 2 If YCIU have c\ny questions relative to this matter, or if you or your staff require any additional information, please contact: me. Peter B. PHS/cf ee: Barbara R. Bradshaw Original: Regular Mail SCHMIDT 8c PHI:TERSON "T1'OIllN ~,.. A'T VoW BoCA RA.'TON, F'LO""g... _.........- -.,-.,- ,.-- - .--.---....-- - --. -. -- --