AGENDA DOCUMENTS
Agenda
Regular City Commission
June 2, 1998
b. "Code Enforcement Officers' Appreciation Week" - June 15-19,
1998
c. "National Garden Week" - June 7-14, 1998
2. Presentations:
a. Special presentation to the sponsors of the Annual Spring Sports
Festival
IV. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Joint City Commission/Chamber of Commerce Meeting of May 11, 1998
2. Regular City Commission Meeting of May 19, 1998
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
NONE
C. Resolutions:
1. Proposed Resolution No. R98-103 Re: Community Redevelopment
Area Policy Statement
D. Ratification of Planning & Development Board Action:
1. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 - Zoning,
Section 5.G2. to allow for a reduction of the minimum side yard requirement
from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7'
(TABLED 5/15/98)
2. 658 Manor Drive (Barbara Bradshaw) - 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, 568 square feet for Unit #9, and 499 square feet for Unit #10
(TABLED 5/15/98)
3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance
from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a
6' high chain linked fence along the south property line in lieu of the
required 5' high concrete block buffer wall to separate the Riverwalk
Plaza from the abutting residential district. (TABLED 5/15/98)
2
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:I
CITY OF BOYNTON BEACH -
AGE1~JA ITEM REQUEST FO~..
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
tJ MeetinR Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
April 7,1998 March 20, 1998 (noon) 181 June 2,1998 May 22, 1998 (noon)
0 April 21, 1998 April 10, ] 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
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.
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~ofthe
required minimum 750 square feet ofliving 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 #10.
PROGRAM IMPACT: NtA
FISCAL IMP ACT: Nt A
ALTERNATIVES: NtA
jUtJ1 Jd1'vt47iri-;Gj
Department Head's Signature
City Manager's Signature
Development
Department Name
~.;... "1 , . ~~/
Acting Director of PI i g and Zoning
\\CH\MAIN\SHRDA T AIPLANNlNGISHAREDlWPlPROJECTS\6S8 MANOR DR - B.BRADSHA WlAGENDA ITEM REQUEST 3&:4 6-2-98.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 98-088
Date:
May 8, 1998
Petition:
Case No. 251
File No:
ZNCV 98-004 (minimum living area)
Location:
658 Manor Drive
Owner:
Barbara Bradshaw
Project
Name:
658 Manor Drive (Barbara Bradshaw)
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning,
Section 5.G.2.a to allow a reduction of the required minimum 750 square feet of living area for
aparttnent 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 #10.
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 using the property for apartments, is requesting relief from the above-
referenced land development regulations which requires that all dwelling units within the R-3 zoning district have
a minimum living area of 750 square feet. Being processed concurrent with this request is a request by Ms.
Bradshaw for relief from the minimum side and rear setbacks (see staff report numbered PZ 98-087 for Case
#250).
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 reduced building
layout plan within Exhibit "C"), and attached to this structure at its northeast comer is that portion identified as a
"I & 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 1-
STORY SHED" attached to the larger residence via a covered walkway. The property is zoned R-3, Multiple
Family Dwelling District.
An occupational license for aparttnents 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 non-conforming status of this property, including
both zoning code and building code violations, was formerly documented in the city's response to Mr.
Limehouse's license request (see Exhibit "D"). At that time, it was determined that this property consisted of
only two (2) legal (permitted) aparttnent units (unit #5 was issued a permit for walls, slab, roof and electrical but
not as a dwelling unit). In repeat of the response given to Mr. Limehouse, the city again documented the
conditions of receiving an occupational license, this time in response to Ms. Bradshaw's request, including
/
Page 2
Memorandum No. 98-088
addressing all applicable codes by licensed contractors. It was also anticipated by staff at this time that it could
be difficult to achieve this requirement given the deficient size of the units and lack of proper tenant separations
(fire walls). Responses to Ms. Bradshaw included a letter dated September 22, 1992 (see Exhibit "E") in which
the city stated again the deficiencies, the maximum number of units allowed on this property, the need to
combine units #6 or #7, which were thought to be unlawfully created from the main residence, and the
requirement to meet the minimum living area requirement of 750 square feet in order to obtain a license to
occupy units #5 and #9. As for unit #10, this unit was apparently permitted by the city at its current deficient
size of 499 square feet. Lastly, this letter to Ms. Bradshaw indicated that site improvements would be required
including parking facilities and upgraded landscaping, and that a site plan must be submitted and show no more
than eight (8) units (this count included the adjacent parcel-656 Manor Drive-which is also owned by Ms.
Bradshaw which ultimately received an occupational license for three apartment units). The required site
improvements, involving parking, landscaping and drainage were made in concert with completion of the
necessary improvements to get 656 Manor Drive licensed.
Similar information is documented within memorandum PZ 98-087 for Case #250, but most relevant to this
variance request is the fact that certain structures either existed prior to1952 (prior to the period when the city's
permit process commenced), or were permitted, or partially permitted, by the city despite any possible
violations. For example, the main residence (unit #7/8 which contain 545 square feet and 1,412 square feet,
respectively), is indicated on county tax records as existing prior to 1952, unit #10 (the second floor over unit #9
and having 499 square feet) was permitted by the city in 1963 as an "apartment", and unit #5 (having 568 square
feet) was also in existence prior to 1952 as proven by aerial photos.
With respect to adjacent uses and properties, the following is a description of the zoning districts and land uses
that surround the subject property:
North -
Residential development, zoned Rl-AA
South -
Residential development, zoned R-3
East
Residential development, zoned Rl-AA, farther east is the Intracoastal
waterway.
West
Residential development, zoned Rl-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 spedal 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 l:Jy
this ordinance to other lands, buildings, or structures in the same zoning district.
:2
Page 3
Memorandum No. 98-088
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. .
Additional relative information includes the following:
1) County tax records show that this property has been taxed as a 10-unit apartment complex for nearly
20 years;
2) historic building records indicate that permit nwnbers were duplicated for different jobs, which may
create wholes in data previously researched by the city (i.e. the permit nwnber researched by the city
for work at that property may not completely docwnent, or accurately represent actual permitted
activity;
3) the applicant has identified a similar case (property) within the vicinity of the subject property which,
based on information supplied by the agent, does not conform to setbacks and living area
requirements, nor are there any records of permits received for the improvement, yet, the use was
issued an occupational license in 1988 (this case at 611 NE 10th Avenue is stated herein in order to
indicate that like the subject property, similar issues relative to time periods of construction and
origin, occasionally make it difficult to consistently and accurately assess the nonconforming or
vested status of historic properties),
4) the subject property was zoned for multifamily use sometime prior to 1962 (the exact date could not
be determined);
5) the majority of original improvements made to the subject property was conducted by a then mayor,
who was likely acting in good faith and following the city regulations in existence at that time; and
6) with respect to possible impact upon adjacent properties and the city as a whole, the .property owner
has collected letters of support from 16 persons who own property within 400 feet from 658 Manor
Drive.
There is some evidence that alterations to structures on the premises have occurred without proper permits from
the city; however, it is the opinion of staff that these facts are minor relative to the evidence stated herein which
establishes an argument of legal nonconformity.
The applicant's response to the above criteria is included within Exhibit "P" - Statement of Special Conditions,
Hardships, and/or reasons justifying the requested variance.
SUMMARYIRECOMMENDATION
Based on the above facts and analysis, staff recommends that this request by Barbara R Bradshaw for a variance
from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.G.2.a, to allow a reduction
of the required minimwn 750 square feet of living area for apartment units at 658 Manor Drive to 370 square feet
n
,)
Page 4
Memorandum No. 98-088
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 #10, be approved. This recommendation is subject to the conditions of approval indicated within Exhibit
G, Conditions of Approval. To grant this request would not confer on the applicant special privileges that are denied
by this ordinance to other lands, buildings, or structures in the same zoning district. Furthermore, the approval of
this request would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of the city's regulations.
MR
Attachments
xc: Central File
1:\SHRDATA\PLANNING\SHARED\WP\PROJECI'S\6S8 MANOR DR - B.BRADSHAW\ZNCV 98-004ISTAFF REP REQUIRED LIVING AREA VAR.DOC
4
EXHIBIT "A"
LOCATION MAP
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LOCATION MAP
BARBARA BRADSHAW
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EXHIBIT " 0"
1991 CORRESPONDENCE
JI
BUILDING DIvrSION
MEMORANDUM NO. 94-292
December 21, 1994
.1"0 :
William V. Hukill, P.E.
Building Official
Don Johnson
Building Compliance Administrator
FROM:
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) fo
the Building Official at that time, Don Jaeger. Mr. Jaeger then conferre
with Chris CUtro, the Planning & Zoning Director at the time, and a lette
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 December
1991 report indicated. I addressed the various code requirements and lef
Mrs. Bradshaw with copies of the violations.
Prior to Mrs. Bradshaw purchasing this property, she had come 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.
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Attachments
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EXHIBIT " E'"
1992 CORRESPONDENCE
(To Ms. Bradshaw)
/1
'Ilie City of
flJoynton $eacli
Planning & Zcning 'DepartTlUnt
100 'E. 'Boynton 'Beadt 'Boukvartf
P.O. 'Bo~310
'Boynton 'Beacli, 1lorUfa 33425-0310
(407) 738-7490,1'.'<<: (407) 738.7459
September 22, 1992
Barbara Bradshaw
P.O. Box 1342
Boynton Beach, FL 33432
Dear Barbara:
We have reviewed your survey of the property at 656-658 Manor
Drive and have made some determinations regarding the units on
the property.
The property is .901 acres and would yield 10.5 residential
units. Therefore, your desire to attempt to legalize 10 units on
the site does not exceed the maximum density allowed by the code.
The west building contains 3 permitted units and a unit which is
made up of a utility room and office. The latter unit must be
brought up to Building Code and meet the 750 square foot minimum
size required by the Zoning Code before it can be licensed.
The back building has no permits and must be brought up to meet
the Building Code. In addition, the floor area does not meet the
zoning requirements for the R-3 zoning district and would have to
go before the Board of Adjustment for a variance. I would
anticipate that such a request would not be looked upon favorably
by the Board due to a lack of a hardship.
The east structure is made up of two buildings that have been
attaChed. The first building is a house which has been
subdivided into three units. This building was legally
constructed to be one unit and the other units were created by
subdividing the main house into two units and converting a garage
into a third unit. It is mv understanding that this building
will be converted back to two units thereby eliminating the third
unit. To legitimize the two units they will have to meet the 750
square foot minimum and the building code.
The second structure is a two-story building to north of the
house. The upper floor is a legally constructed unit, the lower
floor was built as a utility room and must be brought up to
building code and meet the 750 square foot minimum in the zoning
code before it can be occupied.
/~
A. The special conditions and circumstances which are peculiar to
the land, structure, and/or buildings included and which are
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS,
AND/On REASONS JUSTIFYING THE REOUESTED VARIANCE
not Q~~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
linu.l.ation 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~
revisp-j 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/improvement 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 -
f::..:' '..: I; .
. .
. il '!
d..
, -~.,
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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 qr 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 sub;ect prop-
erty were in existence in December, 1992 ~~en 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 -
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.
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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 -
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D. A literal interpretation of the provisions of this Chapter
would deprive the Applicant of rights conunonly 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 (st..:e 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
Phaf.ie 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 Pha~e 2 as well as
i.nstalling additional street lights Ol! Manor DriVe; plus the
installation of a full and complete drainage system for the
parking area.
.
- 1 -
. .
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E. The V.:lriance ':f.canted is the minimunl' Variance that will make
possible the reasonable use of the land, building, or ~truc-
ture.
'~he presently existing buildings on the subject pruperty
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.
Since then the size of the structures
has not been increased.
Further, the Applicant will not
increase the size of the existing structures in the renova-
tions and improvemenl~ 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 -
.. ~~.... .
~~ ~... ,\'. ...
4, ..
. .
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r-r--
F. The granting of th~ Variance will be in harmony with the
general inten't. and purpose of this Chapter and that such
Variance tolill 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.'
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EXHIBIT " G"
CONDITIONS OF APPROVAL
;17
EXlllBIT "G"
Conditions of Aooroval
Project name: 658 Manor Drive (Barbara Bradshaw)
File number: ZNCV 98-004 (dwelling size)
Reference: ZoninlZ Code Variance aoolication dated Februarv 25 1998
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
1. All additional building requirements are met through permitting in the X
city's Building Division.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
J:\SHRDATA\PLANNING\SHAREDlWPIPROJECTS\658 MANOR DR - B.BRADSHAW\ZNCV ~\COND. OF APPROVAl-98-004.DOC
DEVELOPM'A~T ORDER OF THE CITY COMMI~~ION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 658 Manor Drive (Barbara Bradshaw)
APPLICANTS AGENT: Peter H. Schmidt
APPLICANTS 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 (minimum dwelling size - apartments)
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
-2L 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
K.-. 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\PROJECTS\658 Manor Dr - B.Bradshaw\ZNCV 98-004\DEVELOPMENT ORDER _ 98-004.doc
. .-. ------._ . .. --..--------------..--------_0.. _9
HANDOUT
7.A.1
&
7.A.2
658 MANOR DRIVE
(BARBARA BRADSHAW)
ZONING CODE VARIANCE
-~.__.._.._-.-...._...,-------_..,_._-- _._..,----,.._,_.._.._---~_..._..,_.~,._-_..__."._._--'-.....---.-.-.----...----...-.-----..--
. . .-..1, ::. _ .f; ~I,,;HflJ Ill. _ l"11J!. .l!.K~i)N
LAW O,.,.;c:...
SC:HMICT Be PHETIR8CN
-II:TI:" H. .e~ M ,eT
I. .l1:"IIII:Y P""~tlll.CN
.00 .oun. O')lIC HIOHWAT
THII: AlllaOIll . SUITI: ~eo
BOCA RATON, F'LO"'C)'" 33~32'S024
TII.CC:OPIC" (1181) "....7'.
TlUPHON~ I$ell 3...&700
."oW"'~le'41.2.'Q4~.J
May 12, 1998
VIA FACSIMILE TRANSMISSION
Planning and Development Board
City of BO)1nton Beach, Florida
Post Office Box 310
Boynton Beach, Florida 33425.0310
Re: 658 Manor Drive (Barbara Bradshaw, Owner)
Dear SirlMadam:
This correspondence serves as a request for postponement of the public hearing today on
the zoning code variances sought for 658 Manor Driye, property owned by Barbara Bradshaw,
agenda items 7.A.l 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 minimwn 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,
UP/jdn
cc: Michael Rumpf
Barbara Bradshaw
.---...
c:"'bI\brad.haw\boybc.h-'/'
. .-._'. .... .'. ~"'r1l'lll.l. r n:.. :.r;:I,.'I'j
FAX TRANSMISSION
LAW OmCES
SCHMIDT &; PHETERSON
400 SOJ'rH OIXlE: HIOIolW,",V, SUitt 420
80CA RATON. FL.OFlI~ 33432
(5e I) 3lil4.2700
(lil~4IIl 428-0433
tAX; (561) 3lil+e77~
To:
City Of Boynton Beach
Planning & Zoning Division
561-375-6259
Date:
May 12,1998 /):/!G,t.".
.
Fax #:
P.eel:
L. including this cover
sheet.
From: I. JEFFREY PHETERSON
Subject: Barbara Bradshaw
COMMENTS:
Correspondence enclosed.
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. Ifycu 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. mail. Thank you.
c:\f\ijp\
Meeting
Date:
Petition:
File No:
Location:
Owner:
Project
Name:
Variance
Request:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-088
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
May 12, 1998
Case No. 251
ZNCV 98-004
658 Manor Drive
Barbara Bradshaw
Barbara Bradshaw - Living Area Variance Request
Variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Zoning, Section 5.G.2.a to allow 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 #10.
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 to 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. However, to
date, the applicant only has permits for two of the five units. Of primary concern to the City
is the joining of rooms and facilities without permits to create these non-conforming
apartment units. This "joining" has modified previously considered non-conforming
structures into one structure that does not meet the minimum 750 square feet living area
requirement for the multi-family units in the R-3 zoning district in this application. Hense
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:
Page 2
Memorandum No. 98-088
Barbara Bradshaw -minimum living area variance
Case No. 251 -staff report
North -
Residential development, zoned R 1-AA
South -
Residential development, zoned R-3
East -
Residential development, zoned R 1-AA, further east the
Intercoastal waterway.
West -
Residential development, zoned R 1-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 applicant, has responded to the above requirements in Exhibit "c" - Statement of
Special Conditions, Hardships, and/or reasons justifying the requested variance.
Page 3
Memorandum No. 98-088
Barbara Bradshaw -minimum living area variance
Case No. 251 -staff report
ANAL YSIS
As part of this request against the above criteria, staff evaluated the impact on zoning and
consistency of the existing structure and use with the character of the existing
neighborhood. 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 has 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 "Oil) The subject property has a
total of ten units divided into two parcels; ie. parcell which includes units 5,6,7,8,9,10 (of
which units 8 & 10 are permitted) and parcel II that includes four units (1,2,3,4). This
application is regarding parcell and units 5,6,7,9 and 10 of which all do not meet the 750
square foot minimum living area. With respect to alternatives to the variance, it is possible
that the applicant could be required to combine a portion of the existing units so as to
make the structure more conform with the minimum living area requirements. Units 6 & 7
and units 9 & 10 could be combined.The applicant is asking the City to allow changes that
have already been made to the structure with more living units than are allowed by the
City's building code.
It is the intent of the R-3 multi-family zoning regulations to allow a maximum density of
10.8 dwelling units per acre. This zoning district is to provide a higher residential density
that encourages vertical structures and flexibility in multiple-family living. It encourages a
certain amount of multiple-family dwellings as necessary and desirable. The parcel in
question contains five units on 0.297 acres, two more than would be allowed in the
existing R-3 zoning, which would only allow 3 units. As stated above the applicant only
has permits for two of the units.
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 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; feet for unit #7, 568 square feet for unit #9; and
499 square feet for unit #1 be denied. he applicant should combine the units to conform
with the density requirement re units as per the R-1AA residential zoning district.
The applicant purchased the property over eight years ago knowing that the five units on
this parcel did not meet the existing zoning and has continued to disregard requests by
the City's building official to bring the building up the code. The City's Land Development
Regulations do not allow more than three units. This recommendation is based on
Page 4
Memorandum No. 98-088
Barbara Bradshaw -minimum living area variance
Case No. 251 -staff report
comments and conditions of approval indicated within Exhibit "E".
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\658 Manor Drive Barbara Bradshaw\staff rep-251.doc
EXHIBIT "A"
LJCATION MAP
BJ\RBARA BRADSHAW
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EXHIBIT "B"
EXHIBIT "c"
,
r.
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 applicable to other lands, structures, plus buildings in
the same zoning district are:
Sir. '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 property
by Applicant in December, 1992 Lhe subject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated 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, 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 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 -
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I' " " .', '.' i . i". ~ I OJ
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. .
1 'j' '.....,
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 reviewing 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 a~~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 subj ect 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
- 2 -
..
.,
. ~
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 for R-3 zoning. In addition, the square footage of the
dwelling units in that apartment building are between approxi-
mately 354 to 600 :square feet.
That property has had an
occupational license to operate dS an apartment building since
approximately 1987.
Since prior to the sale of the subject property ln 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 -
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, ,.'
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i
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 tel-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
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
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 rkinq 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 -
.~J ,~. ~ ,-.' il :; I J ..; J
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E. The Variance granted is the minimum variance that will make
possible the reasonable use of the 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~u 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. 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 -
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F. The granting of th~ Variance will be in harmony with the
general intent and purpose of this Chapter and that such
Variance will n2Jt be injurious to the area involved or
otherwise detrimental to the public welfare.
The presl:ntly existing structures on the subject property
have existed sinc0 betwaen approximately 1952 and 1969. The
proposed _'enovation and improvements wIll 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 thl: 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 .- PI '
, ti -1 .:1.
.~ ~ j ,i.~;:': . .r.:1
EXHIBIT "0"
BUILDING DIVISION
MEMORANDUM NO. 94-293
December 22, 1994
FROM:
Carrie Parker
City Manager
~~am v. Hukill, P.E.
{}i~ding Official
BRADSHAW PROPERTY - 658 MANOR DRIVE
TO:
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
BRAD SHAll
BUILDING DIVISION
MEMORANDUM NO. 94-292
December 21, 1994
TO:
William V. Hukill, P.E.
Building Official
FROM:
Don Johnson
Building Compliance 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 December
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.
thh~~
DJ:bh
Attachments
MANOR.6S8
fJ1ie City of
:Boynton 'Beacli
""~ 100 'E. 'Boynton 'Buuli. 'Boukvard
i ".I:I~:- ~ P.O. 'B~310
:.: ;.~::. "n 'Boynton 'Bead, 7'foriaa 33425-0310
. \.-h:,":'" . !. ~ (407) 738-7480
\~ 7'JilX: (407) 738-7459
'Builtfing ~epart1TUnt, City 9fa[[ CompCq 'West'l1ting
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 .(1l1ger
B~~Official
DJ:bh
Attachments
XC: Don Johnson, Building Compliance Administrator
Betty McMinamen, Occupational License Administrator
Central files
MANOR. DOC
5'lmcrUas gateway to the {julfstream
MEMORANDUM
December 4. 1991
TO:
Don Jaeger, Building Offic~al
FROM:
Don Johnson, Building Compliance Administrator
RE:
OCCUPATIONAL LICENSE - 656 AND 658 MANOR DRIVE
Concerning 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 permitted is three.
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 second structure, which is a two-story structure. The
two-story structure was constructed with an apartment above and a
utility room area below. The third structure is a pump house
that is 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 191 X 24'6" CBS structure. This
structure was permitted with the four walls, roof and electrical
outlets only.
The total amount of legal living units this address has had
permitted is two. Presently, this address has five living units.
The single-family residence has 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 the single-family residence is a small
slab and driveway to the slab which would allow parking of two
more vehicles.
During the Occupational 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 apartments is not seven feet.
4. Each apartment, if zoning 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 ope~ breakers in panel.
4. Extension cords shall be removed and fixtures properly wired
or plugged into receptacles.
f-Q;/)&1J1M L
Don Jo' son
DJ: pO'.
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 nlli~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 Manor 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
5/1/69
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-
tar/gravel, floor - wood,
anchoring - steel, ceiling -
plaster. Plans show water
heater is located under
upstairs bathrcom.
658 Manor Drive - Re-roof - No
microfilm.
EXHIBIT "E"
EXI-llBIT "E"
Conditions of Approval
Project name: 658 Manor Drive (Barbara Bradshaw)
File number: ZNCV 98-004 (dwelling size)
Reference: Zoning Code Variance application dated February 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.
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
2. All additional building requirements are met through permitting in the
city's Building Division.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined.
DEVELOPME"- - ORDER OF THE CITY COMMISf- N OF THE
CII ( 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 (minimum dwelling size - apartments)
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
-1 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
-1 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
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EXHIBIT "A"
LOCATION MAP
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EXHIBIT " D"
1991 CORRESPONDENCE
/1
Jll 'E. 'Boynton 'B~adt 'Boukvanf
'1'.0. '1Jo:c310
~.(f}(L 'lJoynton 'lJUJd,,!TfmU{4 33425-0310
-'>-..~. (407) 738.7480
~ 7JU: (407) 738-7459
'BuiUfing 'D~part~nt, City!JlJU[ Comp~ Wt.St 'J1.ing
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
J.ocation, 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 . (J I1ger
B~~Official
DJ:bh ~/jl
Attachments ~
XC: Don Johnson, Building Compliance Administrator
Betty McMinamen, Occupational License Administrator
Central files
MANOR. DOC
Ylmc,ua'.s gateway to tnt (ju[fttrcam
/2
BUILDING DIVISION
MEMORANDUM NO. 94-292
December 21, 1994
J.'O:
William V. Hukill, P.E.
Building Official
FROM:
Don Johnson
Building Compliance 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) fOl
the Building Official at that time, Don Jaeger. Mr. Jaeger then conferrec
with Chris Cutro, the Planning & Zoning Director at the time, and a lettel
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 December
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.
DJ:bh
Attachments
...../" ,
.~:., . \~H'..
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Don Jo on
MA!l01l,658
/,3
EXHIBIT " E"
1992 CORRESPONDENCE
(To Ms. Bradshaw)
)1
-The City of
~oynton ~eacli
Pfanning & Zening 'DepartT1fL.nt
100 'E. 'Boynton 'Beach 'Boulevard
P.O. 'Bo~31O
'Boynton 'Beadi., 'jforida 33425-0310
(407) 738-7490, 'f.U: (407) 738-7459
September 22, 1992
Barbara Bradshaw
P.O. Box 1342
Boynton Beach, FL 33432
Dear Barbara:
We have reviewed your survey of the property at 656-658 Manor
Drive and have made some determinations regarding the units on
the property.
The property is .901 acres and would yield 10.5 residential
units. Therefore, your desire to attempt to legalize 10 units on
the site does not exceed the maximum density allowed by the code.
The west building contains 3 permitted units and a unit which is
made up of a utility room and office. The latter unit must be
brought up to Building Code and meet the 750 square foot minimum
size required by the Zoning Code before it can be licensed.
The back building has no permits and must be brought up to meet
the Building Code. In addition, the floor area does not meet the
zoning requirements for the R-3 zoning district and would have to
go before the Board of Adjustment for a variance. I would
anticipate that such a request would not be looked upon favorably
by the Board due to a lack of a hardship.
The east structure is made up of two buildings that have been
attached. The first building is a house which has been
subdivided into three units. This building was legally
constructed to be one unit and the other units were created by
subdividing the main house into two units and converting a garage
into a third unit. It is mv understanding that this building
will be converted back to two units thereby eliminating the third
unit. To legitimize the two units they will have to meet the 750
square foot minimum and the building code.
The second structure is a two-story building to north of the
house. The upper floor is a legally constructed unit! the lower
floor was built as a utility room and must be brought up to
building code and meet the 750 square foot minimum in the zoning
code before it can be occupied.
I::
._______.______~__,q mCr1[{I...,'- (; LIt 1'-1.'f111... t I' t r;" ,71 f ((( t ,I' n m
TO: Barbara Bradshaw
-2-
September 22! 1992
A site plan must be filed for the entire_.--ri..:t&. This plan would
address parking, landscaping and establish that a units are on
the site. If you wish to begin upgrading the structure during
the review process, we will work with you to do so.
I would suggest you meet with us regarding the site plan review
procedure as soon as possible. Please feel free to call me and
we will set up an appointment for you. I hope this letter has
been some help to you.
Yours truly,
~~
Christopher Cutro, AICP
Planning and Zoning Director
CC:cp
/b
EXHIBIT " F"
APPLICANT'S JUSTIFICATION
/7
STATEMEN~ OF SPECIAL CONDITIONS, HARDSHIPS,
AND/on REASONS JUSTIFYING THE REOUESTED 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
lilli~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 waF
revispri 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/improvement 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 -
~~..,,; ,. I;. .:1 '!
d.,
, -l-,
/3
After reviewing the original Site Plan (with staff, Barbara R.
Bradsha~, 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_=
erty_~e!:~in existence in December, 1992 ~l1en 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 un.~nterrup!:.<<:d basi~. 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.
In reliance upon the approval of the original Site Plan,
on or about July 10, 1995, Applicant, Barbara R. Bradshaw,
- 2 -
11":1"'~ r 1L';r 'L- '1.: ;; .;.. ~ 1'; if:
~~"., ;-~, i, ! . :', '. ' ~. ;, ~
/(T
submitted to the City a Site Plan for the Phase 2 renovation
and iwprovement 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 -
1?'~..~'.t, \>i~ ',: - fI-
.. ~
,. ,
.. ~"
J 0
,7'---
B. ~he special conditions and circumstances do not result from
the actions of the Applicant.
In ~~cember, 1992, the Applicant purchased the subject
property. All presently existing buildings on the subject
property were 1n existence 1n December, 1992 when the
Applicant purchased the subj ect property. The presently
existing buildin9~ 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 continuou~ly 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.
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/improvement of Phase 1. All such
additional 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 -
JJ
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 far R-3 zoning. In addition, the square footage of the
dwelling units in that apartment building are between approxi-
mately 354 to 600 square feet.
That property has had an
- 1 -
.~.:i.?', -~.!,' ';: :,. .'. ..
\1 r,
J~
occupational license to operate as an apartment building since
approximat~ly 1987.
.
- 2 -
:-23
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 ~n the same R-3 zoning (see 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
Pha~e 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 th~ requirea
parking spaces for both Phase 1 and Phatie 2 as well as
installing additional street lights Ol.! Manor Drive; plus the
installation of a full and complete drainage system for the
parking area.
.
- 1 -
;11 I~ \ I
Jt.f
E. The V~riance ~ranted is the minimu~ Variance that will make
possible the reasonable use of the land, buiLding, or ~truc-
ture.
'l'he 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 previnllS owner of
the subject property. Since then the size of the structures
--,. _.._----~.- ._--_.__..,......_~_.._----- ..----..... -"---
has not been increased.
-~-----'--'--
Further, the Applicant will not
increase the size uf the existing structures in the renova-
tions and improvemenL~ 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 improve-
ments, as well as a full and complete drainage system for the
parking area.
.
- 1 -
~ ;~>, .
", .
7 -
7' .)
F. The granting of the Variance will be in harmony with the
general inten-:. and purpose of this Chapter and that such
Variance ~]i11 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 -
. -.. .
(;lfc
.-,
EXHIBIT " G"
CONDITIONS OF APPROVAL
c27
7.A.3 and 7.A.4
658 MANOR DRIVE
(BARBARA BRADSHAW)
ZONING CODE VARIANCES
(SIDE AND REAR YARD SETBACKS)
(MINIMUM DWELLING SIZE)
04-'J9-S2 0:: )IFM FROM SC}1M.TDT & PHETERSON
POl
LAW OH'II:CG
SCHMICT a: PHE:TERSON
..eRA M. aCOllMIOT
I. .,Icrl'IC&V ....nclWON
"00 :;OI,lTI4 OUUC '.IOH"""
THe ......0... G"I'TC "'0
80<;1\ RATON, F~o"lo'" ~~~&.GOI:4
Ta.CGQ,.lliA laOll ~",..""l,)
TliI.C""O"C 15011 ~...l:'lI'OO
.,ROW...... ~G>41 ",aO.04:J~
.~CSIMILB TRANSKITTAL MEMO
DATE:
TIME:
April 9, 1998
~.'OJ(1
FAX NO, :
FROM:
.
M!cbael w. ~f, S~!or Planner
comprehen.ive Planning ~1v!.ion
(5Ei:U 375-6259
TO;
-rkec.
TOTAL NOMBER OF PAGES (Including Cover) : ~ (~) :3
Peter H. Schmidt
REFERENCE I
Barbara R. Bradshaw
6Sa Manor Drive
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
noe 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 striotly prohibited. If you have received
the facsimile in error, please immediately notify us by a collect
telephone call at (561) 394-2700, ~ return the original message
to US at the acid-ress above via the U. s. Postal Se~ice. Thank you.
04-%-98 03 ?"P~ FROM SCHMIDT .~ PHETERSON
P02
....", C 'flCE.
SCHMIr;)T Be PMETER'ON
,"CTIIl H. .CMfl4lg~
'. ,/crr"n ~"&n;"fON
..oc .OI,;TH ' IlllC HIGHWAY
THe """110'. . ."ITC ..10
BOcA RATON, rl.( ftlOA 33..3a.lIOl..
TCI.CCO~I~" \ ;.n 3.....77.
n;U:"HOIlC IMll 3."": ClO
.1l~D(.'''1''2..~S3
April 9, 1998
FACSIMILE TRANSMISSION
(561) 375-6259
Michael W, Rumpf, Senior Pl~ner
comprehensive planning Division
planning and Zoning Department
City ot Boynton aeach
Po at Office Box 310
Boynton Beach, Florida 33425-0310
Rei Barbara R.. Brad.haw
658 Kanor Drive,
Application for Zonin[. Vu1anc..
(Square ~octa~e and S(t-lack.)
Dear Mr. Rumpf:
Please accept this letter a J your authorization to remove the
above-referenced matter. from I he April 14, 1998 agenda ot the
Planning and Development Board. Pursuant to our recent discusoior1,
chi. request is being made duE' to the errclr in the Nol',ieea Clf
Public Hearing.
When both Notice. are re-p' Lb11shed, ~he Notice relatlve to a
reducticn in the required minim.1m 750 square f..t ot liv~ng art!a
ter an apartment: unit should i n( :lude all of the following:
A. 370 li1quare feet for Unit 5;
B. 3~13 s~uare feet for unit 6;
C. Sl,5 square feet for Unit 7,
O. 5GB square feet for Unit 9, and
E. 499 square feet for unit 10.
It is my understanding th,j,t you will atter.lpt to re-publiah
both Not.ices of Hea~ the elrliest possible bearing da1:e
(~, hopefu:lv on(Mav-12. ~98\ .
04-C9-Q3 03.37PM FROM SC~ID! & PHETERSON
P03
Michael W. R.umpf, Senior Planner
April 9, 1998
page 2
If YCIU have c\ny questions relative to this matter, or if you
or your staff req\.1ire ar.y additional information, please contact:
me.
PHS/ef
ee: Barcara R. Bradshaw
original: Regular Mail
SC......IDT III p.....n"SON
I'T1'CJIt"~,.. I'T Wl'W
BDc:A FI.. TO.... rI.O'" g,t.
-.---.- -" .-.-- .._- - .-....--...-- - -. -. -.. --