APPLICATION
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PROJECT NAME: BARBARA BRADSHAW
LOCATION: 658MANORDR
COMPUTER ID: BARBARA BRADSHA W/ZNCV 98-004
I FILE NO.: ZNCV 98-004 I TYPE OF APPLICATION: ZONING
. VARIANCE - min sq.ft.ldweling nnits
APPLICANT/CONTACT PERSON: OWNER: BARBARA BRADSHAW
PETER H. SCHMIDT, AGENT PHONE:
PHONE: (561) 394-2700 FAX:
./
FAX: :';\r) r JC;'f (PI?::' ADDRESS: 658 MANOR DR, BB 33435
ADDRESS: 400 SOUTH DIXIE, STE 420
BOCA RATON, 33432
DATE:
SUBMITTAL / RESUBMITT AL 3/11/98
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: CITY ATTY: 3/25/98 (WED)
CITY CLERK: 3/27/98 (FRI) (last day to fax)
PUBLISH & MAIL NOTICE 3/30/98
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 4/14/98
MEETING:
CITY COMMISSION MEETING: 4/21/98
COMMENTS:
S:\FORMS\PROJECT TRACKING INFO
FEB 2 5 1998
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CITY OF BOYNTON BEACH
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BOARD OF ZONING APPEALS VARIANCE APPLICATION
Submittal Deadline: See schedule of dates for Board meetings and submittcl
dates
Please print (in ink) or tyPe
Submittal date: February 25, 1998
I .
The undersigned owner (s) hereby respectfully petition (s) the Board c f
Adjustment to grant to petitioner(s) a special exception or variance to tre
existing Zoning' or Sign Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows:
, Subdivision
Lot(s) See Attached LeVgthy
Legal Descr~pt~on
Block
Plat Book
, Page
or otherwise described as follows:
Property Address
658 Manor Drive, Boynton Beach, Florida 33435
The following documents are required to be submitted with this application tJ
form a single package. Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, no:
over six (6) months old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all
streets and alleys, sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the
site
3. Certified list of names and post office addresses of property owners and
legal descriptions of their property within 400 feet of subject
property, as recorded in the County Courthouse. Such list shall be
accompanied by an Affidavit (see attached) stating that to the best of
the applicant's knowledge, said list is. complete and accurclte.
4. Proof of ownership of property by petitioner (s), such as deed or
purchase contract agreement. If an aqent is submittinq the petition, a
notarized coPY of a letter desiqnatinq him as such must accompany the
petition.
5. Statement of special conditions, hardships or reason: justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F) on a separate sheet (Please print or type) :
A.
That special conditions and
to the land, structure or
applicable to other lands,
zoning district;
circumstances exist which are peculiar
building involved and which are not
structures or buildings in the same
Page 2 of 3
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 chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district unde:c 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 granting of the variance will be in harmony with the
general intent and purpose of this chapter and that such variance
will not be injurious to the area involved or ot:herwise detrimental
to the public welfare.
6. An application fee in the amount of $ 400.00, payable to the City of
Boynton Beach, must accompany a completed application. The $400.00
application fee covers a request to vary one (1) sEction of the Code.
Seeking relief from more than one section of the Code will require
payment of $100.00 for each additional Code section.
7. Name and address of owner: Barbara R, Bradshaw
8. Name of applicant: Peter H, Schmidt, Agent for Barbara R. Bradshaw
Applicant's address: 400 South Dixie Highwa~. SUite~420. BO~Raton'3~~32
Applicant's phone #: (~61) 394-2700 _____
Date: 2/25/98 Signature of Applicant:
To be completed by the Building Official or Representative
1.
Property is presently zoned:
Formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements ( list
sections[s] of Code from which relief is required):
4. Nature of exception or variance required:
Date:
Permit denied:
Building Department
5.
Case Number:
Meeting Date:
--------------------------,---------------------------------------------
To be filled out ty Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
PARCEL 1:
A tract of land lying in Government Lot 3 of Section
22, Township 45 S., Range 43 E., in the Town of Boynton
Beach,. Palm BeachCouflty, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South 370
feet of Government Lot 3; thence with a bearing of
S.89022' 01" E., along the Nbrth line of the
aforementioned South 370 feet of Government Lot 3, said
line being also the South line of Wilms Way SID as
recorded in Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of 601.68 feet
to a point; ~hence with a bearing of N.0037'59" E., a
distance of 34.41 feet to a point; thence with a bearing
of S.89022'01" E., along a line, lying 34.41 feet North
and parallel to the North line of the aforesaid South 370
feet of Government Lot 3, a distance of 69.58 feet to a
point; said point being the Point of Beginning; thence
continue along the aforementioned course, a distance of
124.31 feet to a point; thence wi'th a bearing of
S.0037' 59" W., a distance of 144.41 feet to a point;
thence with a bearing of N.89022'01" W., a distance of
124.31 feet to a point; thence with a bearing of
N.0037' 59" E., a distance of 144.41 feet more or less to
the Point ?f Beginning.
Containing 0.412 Acres more or les~, and subject to
a 35.00 foot wide easement for road purposes on the
South, and subject to other easements and rights-of-way
of record.
PARCEL 2:
A tract of land lying in government Lot 3, of
Section 22, Township 45 S., Range 43 E., in the Town of
Boynton Beach, Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South
370.00 feet of Government Lot 3; thence with a bearing of
S.89022' 01" E~, along the North line of the
aforementioned South 370.00 feet of Government Lot 3,
said line being also the South line of Wilms Way SiD as
recorded in Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of 575.57 feet
to a point, said point being the Point of Beginning;
thence continue along the aforementioned course, a
distance of 26.11 feet to a point; thence with a bearing
of N.0037'59" E., a ~istance of 34.41 feet to a point;
thence with a bearing of S.89022'01" E., along a line
lying ~4.41 feet North of and parallel to the aforesaid
North line, a distaDce of 69.58 feet to a point; thence
with a bearing of 8.0037'59" W., a distance of 144.41
feet to a point; thence with a bearing of N.89022'OI" W.,
a distance of 95.69 feet to a point; thence with a
bearing of N.0037' 59" E., a distance of 110.00 feet more
or less to the Point of Beginning.
. Cont;.aining 0.297 Acres more or less 1 ,'.,nd subject to
a 35.00 foot wide easement for road purposes on the
South, and subject to other easements and rights-of-way
of record,
I
ATTACHED TO
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS VARIANCE APPLICATION
Attached hereto and incorporated herein by reference are composite Exhibit A and
composite Exhibit B. Exhibit A addresses the special conditions, etc. relative to rear and
side yard set backs and Exhibit B addresses the special conditions, etc. relative to
minimum square footage for dwelling units.
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 ~pplicable 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
limiLation of funds, Applicant, Barbara R. Bradshaw, was not
in a position to puild 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
revisE'd 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, w~ich is a
private street (i.e., easement), which have been installed.
- 1 -
EXl-I.!l.8i "I"
A,
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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 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 were in 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,
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EXH1Brr
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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 -
EXHIBff
A ',...,,'1
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B. The special conditions and circumstances do not result from
the actions of the Applicant.
In December, 1992, the Applicant purchased the subject
property.
All presently existing buildings on the subject
property were in existence in December, 1992 when the
Applicant purchased the subject property.
The 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 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 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 ~nstalled.
- 1 -
"VHi"l'lr'~
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A
C. Granting the Va~iance 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 -
EXHIBrr A
occupational license to operate as an apartment building since
approximately 1987.
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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 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
parking spaces for both Phase 1 and Phase 2 as well as
installing additional street lights OIl Manor Drive; plus the
installation of a full and complete drainage system for the
parking area.
- 1 -
EXHlOfr
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E. The Variance granted is the minimum' Variance that will make
possible the reasonable use of the land, building, orstruc-
ture.
The 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 previQus 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 improvements 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 -
EXHl6 (~r
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F. The granting of the Variance will be in harmony with the
general intent and purpose of this Chapter and that such
Variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The 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 -
EX1Hll:BfloJ
A; 4.....
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:
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.
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
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 -
EX T-'v'1lIT
R ."1'" ,..",
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
(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 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 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 property
were in 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
- 2 -
EX, UlIi:~"orJ"d
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B I ItMI .~
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,
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
existipg 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 -
EXHIBIT
B r 1. n~
B. The special conditions and circumstances do not result from
the actions of the Applicant.
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 pUl'chase of the subject property
by Appllcant 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.
In December, 1992, the Applicant purchased the subject
property. All presently existing build~ngs 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
requ~rements for TEN (10) dwelling units] had to be built out
as a part of the renovation and improvement of Phase 1. All
- 1 -
~)[lf~'llIT
B i~ ,
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.
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.
- 2 -
R~(1pr'RIT
B
.Wf .'1
C. Gr-anting the ~Tariance 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.
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.
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 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
iL~t, 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-
- 1 -
10'... . ~?i'1 "iprU?lll. . T.
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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 $quare 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 -
~;:J(R"R'T
B 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 terms
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..rking 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 -
EXH.lBfl.
B 'I~ ~!
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 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 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 -
EXHIBll1
81 'u
' ;- ~ 1ti~,
.,
F. The granting of the Variance will be in harmony with the
general intent and purpose of this Chapter and that such
Variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The presently existing structures on the subject property
have existed sinc~ between approximately 1952 and 1969. The
proposed renovation and improvements will not increase the
square footage of any presently existing structures.
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.
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Page 3 of 3
C E R T I F I CAT ION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PRO~ ~'
PLICANT/~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The fo egoing instrument was acknowledged before me this ~
day of , 1998, by PETER H. SCHMIDT, who did not
take an oath and W 0:
~tary must check applicable box)
~ is personally known to me.
,/ 0 produced current Florida driver's license as
identification.
D
produced
as identification.
My Commission Expires:
)BANNE D NIWMAN
NOI'AR\'PUBUCsrATBaJ FUlRJDA
COMMESJON NO. c:::a&m1
MY COMMISSJON EXP. SEPI' a
APPLICAT.WP5
Page 3 of 3
BARBARA R. BRADSHA W
658 Manor Drive
Boynton Beach, Florida 33435
January 30, 1998
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Board of Zoning Appeals
Variance Application
Gentlemen:
This letter will serve as notice that I have designated Peter H. Schmidt, Esquire, of the law
firm of Schmidt & Pheterson, as my agent relative to my Petition to the Board of Zoning Appeals
for a variance.
Sincerely,
~kfl~ /f ~dY~
Barbara R. Bradshaw
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 30th day of January, 1998, by
BARBARA R. BRADSHAW, who did not take an oath and who:
~ary must check applicable box)
~/ is personally known to me.
o produced current Florida driver's license as identification.
D produced as identification.
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me:
otary Public,
State of Florida at Large
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My Commission Expires:
JEANNB D NEWMAN
NOI'ARYPUBUCsrATEaJR.OIUDA
COMMlSSION NO. CC6lMaZ1
MY COMMISSION . SEPT a
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Parcel Identificatio.
Number: 43 45 22 00 003 at
\(/ REl JRN TO:
\ I PETEll H. ~,CHMIDT. ESQUIRE
Gel IMICT & PHETERSON
400 ~,OUl H DIXIE HIGHWAY
Tn E A" BOR SUITE 420
BOCA ~TON, FLORIDA 33432
JUL-08-1993 11:56am 93-213086
ORB 7788 Ps 1039 .
I 1.1......1 I .1. I I 1.1 III
Con 265,000.00 Doc 1,855.00
WARRANTY DEED
THIS WARRANTY DEED, made this 7th day of July, 1993, by and
between BARBAGARY, INC., a Florida corporation, whose tax
identification number is 65-0372000, Grantor*, to BARBARA R.
BRADSHAW, a single woman, whose social security number is 382-46-
9805, and whose post office address is Post Office Box 1342,
Boynton Beach, Florida 33435, Grantee*,
*Wherever used herein the terms "Grantor" and
"Grantee" include all the parties to this
instrument and the heirs, legal
representatives, and assigns of individuals,
and the successors and assigns of
corporations.
,
.,
.
.
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND NO/lOa ($10.00) DOLLARS and other good and
valuable consideration to the said Grantor in hand paid by the said
Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the said Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and
being in Palm Beach County, Florida, to-wit:
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PARCEL 1:
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A tract of land lying in Government Lot 3
of Section 22, Township 45 S., Range 43 E., in
the Town of Boynton Beach, Palm Beach County,
Florida, being more particularly described as
follows:
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COMMENCING at the Northwest corner of the
South 370 feet of Government Lot 3; thence
with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370
feet of Government Lot 3, said line being also
the South line of Wilms Way SiD as recorded in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
601.68 feet to a point; thence with a bearing
of N.oo37'59" E., a distance of 34.41 feet to
a point; thence with a bearing of S.89022'01"
E., along a line, lying 34.41 feet North and
parallel to the North line of the aforesaid
South 370 feet of GOVErnment Lot 3, a distance
of 69.58 feet to a pojnt; said point being the
Point of Beginning; tlence continue along the
aforementioned cours€, a distance of 124.31
tfeet to a point; th,mce with a bearing of
S.oo37'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022' 01"
W., a distance of 124.31 feet to a point;
thence with a bearing of N.oo37'59" E., a
distance of 144.41 feet more or less to the
Point of Beginning.
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ORB 7788 P3 1040
Con':. ~ing 0.412 Acres more or LoS, and
subject '1:0 a 35.00 foot wide easement for road
purposes on the South, and subject to other
easement:; and rights-of-way of record.
PARCEL 2~
A tract of land lying in government Lot
3, of Section 22, Township 45 S., Range '43 E.,
in the '.rown of Boynton Beach, Palm Beach
County, Florida, being more particularly
described as follows:
COMMENCING at the Northwest corner of the
South 370.00 feet of Government Lot 3; thence
with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00
feet of Government Lot 3, said line being also
the South line of Wilms Way SID as recorded in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
575.57 feet to a point, said point being
the Point of Beginning; thence continue along
the aforementioned course, a distance of 26.11
feet to a point; thence with a bearing of
N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S. 89022' 01"
E., along a line lying 34.41 feet North of and
parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with
a bearing of S.0037'59" W., a distance of
144.41 feet to a point; thence with a bearing
of N.89022'01" W., a distance of 95.69 feet to
a point; thence with a bearing of N.0037'59"
E., a distance of 110.00 feet more or less to
the Point of Beginning.
Containing 0.297 Acres more or less, and
subject to a 35.00 foot wide easement for road
purposes on the South, and subject to other
easements and rights-of-way of record.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
1. Conditions, agreements, restrictions,
reservations, limitations, covenants, terms,
provisions, and easements, if any, of record;
2. Applicable zoning regulations and ordinances
affecting said real property;
3. Real estate taxes for the year 1993 and
subsequent years; and
4. That certain Mortgage Deed from BARBAGARY,
INC., a Florida corporation, to RICHARD R.
LIMEHOUSE, a single man, dated December 21,
1992, recorded January 6, 1993 in Official
Record Book 7543, Page 517, of the Public
Records of Palm Beach County, Florida.
TOGETHER with all of the tenements, hereditame~ts, and
appurtenances thereto belonging or in anywise appertainin'g.
TO HAVE AND TO HOLD, the same in fee simple forever.
I
AND, the Grantor hereby covenants with said Grantee that
Grantor is lawfully seized of said land in fee simple; that Grantor
has good right and lawful authority to sell and convey said land;
that Grantor hereby fully warrants the title to said land and will
-2-
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ORB 77 BB P9 1041
RECORD VEl lED DOROni'{ H WILKEN
CLERK OF THE COURT - PB::OUNTY, FL
defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
BARBAGARY, INC., a Florida
corporation
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By: .1-0<7 t o;.'?'t-.... ^ .' _",,? ~C,.<1t /~;c...:"J
BARBARA R. BRADSHAW, President
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Name: ~/.... II. ~ lOr-
AddTess: fl'oo S:>tJ7}-+- ~.KIc tlf(;;~,\ 1
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STATE OF FLORIDA
55.
COUNTY OF PALM BEACH
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This instrument was c.cknowledged before
July, 1993, by BARBARA R. :3F:ADSHAW, President
who is personally known to me and who did not
Name:
at Large
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My
Commission Expires:
NO'LI'Y PuLlit~ Stite of Florida
My (ommlmoll !x~jtCi Dct. 20, 19193
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D-EPARTMENT OF DEVELOPMEmqO)~
BUILDING DIVI~uON i't'
July 1, 1997
100 East Boynton Beach Blvd.
P. o. Box 310
Boynton Beach, Florida 33425-0310
*1 s-- ;}. rcz7
Barbara Bradshaw
Park Shores Manor
658 Manor Drive
Boynton Beach, FL 33435
RE: CODE COMPLIANCE AT 658 MANOR DRIVE
Dear Ms. Bradshaw:
I have not had the pleasure of meeting you and touring your apartments at Park Shores Manor as
Ms. Willis did. I am Milan Knor, Director of Development. Your letter of June 25, 1997 to
Ms. Willis was forwarded to me for a response.
I can see from our files that this project has been underway for some time so I will only comment
on Phase 2. A request for an occupational license for five apartment units was submitted in April
of 1994. Comments were made by both the building and fire inspectors regarding life safety
requirements and non permitted work. As a result of the violations, a Certificate of Occupancy
could not be issued; therefore, no occupational license was issued.
George Davis, architect, has worked with the plan review staff to comply with the code
requirements which would not require a variance. Mr. Davis' plans have been reviewed six
times since 1994.
The plans you sent to Ms. Willis are copies of the same submitted by your architect, Mr. Davis,
and reviewed by Bob Donovan on April 7, 1997. His comments, numbers 1 and 2, regarding
setbacks can only be addressed as a variance by the Planning and Development Board.
The attached unsigned letter to Mr. Newbold on Mr. Davis' letterhead, dated March 27, 1997,
states that he can not address items 1 and 2. Therefore, I am enclosing a copy of the variance
application to be filed through our Planning and Zoning Division.
Also attached is a copy of Mr. Davis' April 17, 1997 letter and Mr. Donovan's response #6. If
Mr. Davis does not agree, he can appeal to the Building Board of Adjustment and Appeals on the
attached application.
Phone: (561) 375-6350
FAX: (561) 375-6357
Barbara Bradshaw
RE: Code Compliance at 658 Manor Drive
July 1, 1997
Page Two
Your occupational license for rental of apartments is still on hold from April 8, 1994 and can not
be issued until you comply with code. Code Enforcement, by copy of this letter, will again be
put on notice that you do not have a license. I do not know why case #94-3113 was closed June
7,1995 and we are now in 1997.
I would also like to advise you that the change from apartments to a bed and breakfast would
have to comply with zoning, building and the State of Florida Guidelines for Food
Establishments. None of our present review comments were based on an application for a bed
and breakfast business.
Thank you for the chance to address your concerns. Please feel free to call on me if! may be of
help.
-~
Milan M. Knor, P .E.
Director of Development
AN:bg
Attachments
XC: Kerry Willis, City Manager
Mayor Gerald Taylor
George Davis, 2802 S.W. 6th St., Boynton Beach, FL 33435
Boynton Beach Chamber of Commerce, 639 E. Ocean Ave., Boynton Beach, FL 33435
Al Newbold, Deputy Director of Development
Scott Blasie, Code Enforcement Supervi~or
Bob Donovan, Plan Check Inspector
C:\BOYNTON\Documents\Memos in Word\Bradshaw.doc
/-
GEORGE C. DAVIS
..9I.rcliitect
2802 S.W. 6th STREET
BOYNTON BEACH. FLORIDA 33435
PHONE 732-6154
March 27, 1917
Al Newbold
Building Official
city of Boynton Beach
Fl
Re: Permit Appl 95-2887
Sir:
I am resubmitting revised plans on. the above-referenced
project. Referring to Bob Donovan's review comments (IV review)
I cannot address items 1 & 2. Comment #3, the kitchen in unit
#6 has been omitted and a new entrance provided in order to com-
bine units #6 and #7 as one apartment. This change provides ac-
ceptable square foot area and also eliminates the need of fire
protection between the former two units.
point #5, nonconforming ceiling heights, I have noted that
csilings in those apartments should be removed, thus gaining a-
bout 7'-6" vertical height.
Item #6, a detail has been added to show one-hour rated
construction between units #6 and #8.
Mechanical & plumbing comment, unit # I is designated as
the handicapped apartment. Electrical comments have been noted.
Sincerely,
APPLICATION ACCEPTANCE DATE:
RECEIVED BY STAFF MEMBER:
FEE PAID:
RECEIPT NUMBE:R:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Tvpe
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s)
Block
, Subdivision
Plat Book
Page
or otherwise described as follows:
Property Address
Variance requested
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealedsurvevs by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. . Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
Page 2
Zoning Code Variance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse. Such
list shall be accompanied by an Affidavit (see attached) stating that to the best of the
applicant's knowledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the petition. a notarized CODY of a letter desianatinq him as
such must accompany the petition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint or
tyoe):
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 chapter would deprive the applicant of
rights commonly enjoyed by other prop~rties 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 granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must
accompany a completed application. The $400.00 application fee covers a request to vary
one (1) section of the Code. Seeking relief from more than one section of the Code will
require payment of $100.00 for each additional Code section.
Page 3
Zoning Code Variance Application
7. Name and address of owner:
8. Name of applicant:
Applicant's address:
Applicant's phone #:
Date:
Signature of Applicant:
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
1.
Property is presently zoned:
formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
Date:
Permit denied - Building Department
5.
Case Number:
Meeting Date:
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
'.
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANTS PROPERTY.
APPLICANT/AGENT
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODe VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels;
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV .APP
Junel,1997
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'GEORGE C. DAVIS
Ylrcliitect
2802 S.w, 6th STREET
BOYNTON BEACH. FlORIDA 33435
PHONE 732-6154
April 17, 1997
Mr. Al Newbold
Building Official
City of Boynton Beach
Fl
Re: Appl # 95-2887
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Sir:
Drawing #3 of permit application is resubmit-
ted bearing one correction. The original
square footage on my plans showed unit #5 to
have 370 sq. ft. This is an error; the correct
figure is 456 sq. ft.
Reference to item #4 of the fifth revision,
the first plans examiner. W. F. Brown, told
\,
me that he would accept the omission of some
of the side walls between the living room and
dining room, s6 that combined area could be
considered one room, thus complying with '91
SBC 2001.2.5. Please let me know if this un-
'~.. __'. -;-':::-;--'.... derstanding is still satisfactor .
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DBP.AR.-:rMBNT OF DEVELOPMENT
BOX~~XNG DXVXSXO~
BUILDING BOARD OF ADJUS'IMENT AND APPEALS APPLICATION
SUBMITTAL DEADLINE: 30 DAYS AFTER DECISION IS RENDERED BY THE
BUILDING DIVISION
PT.'R~~B PRINT OR TYl?B
Submittal Date:
Filing Fee:
$100.00 payable to the City of Boynton Beach
The undersigned owner(s) hereby respectfully petition(s) the Building
Board of Adjustment and Appeals to gr~t to petitioner(s) an appeal of
decisions and interpretations of the Building Official and consider
variances of the technical codes:
Section (s) to be Appealed:
Property involved is described as follows: Lot(s)
Block
, Subdivision
Plat Book
, Page
or otherwise
described as follows:
Property Address:
Name & Address of Owner:
Name of Applicant:
Applicant's Phone No.:
DATE:
SIGNATURE OF APPLICANT
THE NOTICE OF APPEALS SHALL CONTAIN:
1. A clear and concise statement of the order and decision of the
Building Official sought.to be appealed and the date thereof.
2. The reasons for which the appeal is taken and a definite and detailed
statement of relief sought from the Building Board of Adjustment and
Appeals.
3. The notice of appeal shall be signed by the applicant or his duly
authorized agent and it shall have appended to it copies of any
plans, drawings, rules or regulations or other documents which would
be pertinent and material to the hearing of the appeal.
In the case of a building or structure which, in the opinion of the
Building Official, is unsafe or dangerous, the Building Official may, in
his decision, limit the time for such appeal to a shorter period.
3/'z. r.~.4/'3. 11'5. 10/95 - A:..A6A.APP
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100 E. Boynton Bea\...&l Blvd.
Boynton Beach, PI 33435
Phone: (407) 375-6350
PLANS REVIEW COMMENTS
Name of Reviewer f7t1fZ OO/VINltfl'l Permit 1/ tr" - Z 8'fl7
Type of Rev~ew Y!l1ffrI/UlC- Project b'Ff? /1/jIl/;?--t#(
Date of Rev1ew __ " Contractor :2. ,
1st Review 2nd Review Other '> }-vAGI/lEv
-
Your pe~~it application and supporting doculnentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be "lade to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
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Applicant I s Conunents rec I d. Comments
phone It 7}1./-C{1t./1- Name (print): only_
Date called '& ca erls (signature): Plans &
initials: 1st 17 Date 7 commentB__
2nd
BT.J':::J:.T..r:JINCiJ. ~..L V...L~ .......~......
100 Bast Boy1. )fi Beach H1 vd .
/' rtl- -- /1"..4/ P. Q. Box 310
ftJ ;.. b- (/ 1::- Boynton Beach,. Florida 33425-0310
PLANS REVIEW COMMENTS
Name of Reviewer {}JOt} O/ltf/dt/tflf' permit'_~r__~Ji'! 7
Type of Review 5'T~ (/ crr/I'!-(/(,.. project CPI 111'd - tI. '
Date, of Review .-, 'Q '-'fief 7 contractor'
1st Review 2n Review other 6- rtl ~evla ttl
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedi te the
process, changes may be made to the permit documents at the Building Divisior
by the applicant or his agent. (proof of authorization is required of anyonE
other than the design professional prior to making chan~es to' signed an(
sealed documents). Timely approval of your project is dependent upon youl
prompt response to the comments.
APPLICATION REQUIREMENTS:
Completed application
2 surveys including crown of street; and flood zone; property lines; setbacks; etc.
OwnerlBuilder affidavit, if required
Notarized signature of owner if over $2,500
TWO SETS OF PLANS SEALED BY A DESIGN PROFESSIONAL WlDcn INCLUDE:
Area breakdown (living space; porch; Site plan ~cluding floor elevation,
garage; etc.) utility locations and proposed improvem
Electrical plan, riser diagram and panel Roof framing plan
schedule Exterior wall and roof section
Elevations (all sides) Interior wall section
Energy calculations Design wind load certification
Floor plan Certified soil tests
Foundation plan Plumbing riser diagram
HV AC plans Landscaping plan
ADDITIONAL SUBMITTAL REQUIREMENTS, W1-IEN APPLICABLE:
Gable end wall detail
Anchor/connector schedule identifying
brand or manufacturer
Easement consent form
Recorded removal agreement
Corporate resolution
SSTD 10.93 Check List
Completed application for septic tank review
Warranty Deed (if not already in the record)
A certified roof truss layout containing:
. Design wind speed
. Uplift at bearing
. Lateral load at ends of girders
~ I . - II ,",
PALM BEACH COUNTY APPROVALS: "~"I\I__'... ;',.' ~..~ ',ilit!Jhj
Environmental Resource Management, when applicable .' ~'. ./\'1
Health Department, when applicable
Lake Worth Drainage District and/or South Florida Water Management DistriC4 when appli
(J): fi~6f~ !t/J(-;, ],(J7F-;> OllE--3 NPT CCl-</!-/3c1
~{_ _ __ _(l_I1/i_Z5 PILi/a f.eC/16w.n~ -
.*******************************************
Applicant's ~I . Comments rec'd. hy:
phone ~7.J '/- o/'L- Name (print): /
Date called & caller~(Signature):
initials: 1st Lf/27"f4't _Date
2nd 3rd
Commen
only
Plans
commen
J'
Barbara Bradshaw
Park Shores Manor
658 Manor Drive
Boynton Beach, Florida 33435
(561) 734-9142
June 25, 1997
Ms. Kerry Willis
City Manager
City Of Boynton Beach
100 East Boynton Beach Boulevard
P. o. Box 310
Boynton Beach, Florida 33425 - 0310
Ms. Willis:
Let me introduce myself again, Barbara Bradshaw, 658 Manor Drive, Park
Shores Manor Apartments. We were formerly introduced by Mayor Taylor
on March 28, 1997. At that time we all toured the apartments here at "Park
Shores Manor" so you could see what was actually here and not just on a
blueprint.
Since that meeting I have spoken to Mayor Taylor once and he told me the
building department informed him my only problem was a ceiling height
requirement. I explained to the Mayor the building department had just
returned my resubmittal of plans stating "Revised Page 2 of 3 - Does not
correct list of comments from Review #5 II The 6th Plan Review Comments
were dated 4/25/97, reviewer was Boh Donovan. A copy of review #5, &
#6 are enclosed. Also enclosed are the two sets of plans.
In our very encouraging meeting you had said you would look into this
entire matter for me. What I need to know is - do I need to apply for
variances on one issue, or many issues. The building department told the
Mayor only a low ceiling height and named in writing to me (1) set backs,
(2) square footage, (4) minimum habitable room size.'
RECEIVED
JUN 25 1911I
cny MANAGER'S OFFICE
i
When we did our tour we discussed what the goal was here at Park
Shores. I am not sure that in my excitement I was able to convey to you
and Mayor Taylor how sincere we here at the Manor are to complete the
updating of the existing units and hopefully turn the Manor into Boynton's
first "Bed & Breakfast." We would like to do a history story with Mrs. Jean
Pipes, former builder of the Manor. Her background is not only a
fascinating one but of significant value to the history of this area, and the
City as a whole.
I have been in contact with the Chamber of Commerce and will be on the
roaster for the up and coming year. The Chamber has informed me they
have a lot of calls for a "Bed and Breakfast" in Boynton and have had for a
number of years. Unfortunately, we do not have one as yet. We truly want
to be the first Bed & Breakfast, be the first on the Internet and help Boynton
Beach grow. We are an old fishing town with direct Atlantic Ocean access
and some of the best scuba diving in the USA, attractions many towns
cannot boast.
Thank you for taking time out of your endless schedule to come and see
what we have here at the Manor. I look forward to hearing from you soon.
My mother always told me "No news is good news." So when I do hear
back from you I feel confident it will be with a guideline to a wonderful
resolution to the problems at hand.
~~~'L._~
~~~ ~
enc.
/
iJ1ie City of
'Boynton ~eacli
100 T.. 'Boynton. tjJ~ '1Joufevatr{
p.o. '1J~310
'1Joynton '1Jtadi., :Ft:oruIa 33425-0310
City!Jlall: {561} 375-6000
:FJifX: {561} 375-6090
June 25, 1997
'., ~'"
rn IE lB lED W IE 00
JUN 2 6 1997
BUILDING DIVISION
Received from Barbara Bradshaw of Park Shores Manor, 658 Manor Drive, Boynton
Beach, FL 33435 the following:
Letter and plans with regard to the abovementioned property.
c~ I~_L~
Harriet Kaplan
City Manager's Office
S;\CllYMGRIAOMINIST\MISCIBRADPLNS.wPO
C(t}~)~~~ .
.~ /.f/{JJ
jfnuriaz:S (jattway to tfu (julfstrtanJ
Barbara Bradshaw submitted an occupational license application on April 8, 1994. The
application shows the description of business as "rental apartments".
On April 22, 1994 Don Johnson and Bob Borden performed life safety inspections. The
inspections were not approved by both inspectors. The attached inspection reports state
the reasons for not being approved.
Code Enforcement case #94-3114 was opened on 8/30/94 for non-compliance with
inspection requirements. The case was then closed on 6/7/95 with the comment:
"Close case until there's been a resolution of the issues per JM."
As of today's date, June 27, 1997 the file remains pending due to the lack of an
approved certificate of occupancy. Therefore a license has not been issued.
x
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BUSINESS
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FOLLOWING AN INSPECTION CONDUCTED ON
ESSENTIALLY IN COMPLIANCE.
t THE ABOVE OCCUPANCY HAS BEEN FOUND TO BE
IF THERE ARE ANY OBLEMS OR QUESTIONS CONCERNING YOUR INSPECTION PLEASE DO NOT ,HESITATE
TO CALL OUR. O'lrl:'ICE' .'T' 735-0272',OR"7'35-0275 ,:l,:nV, "us'::;li.tDr,'.,. . ':'(C'"t~''' .".' , . ". .~(,; ':al; ..';'/:?,:,i"itt@"....
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INSPECTOR
RECEIVED BY
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BUSINESS NAME : l' pi';' DATE '~~y,
BUSINESS ADDRESS:
BAY OR SUITE NO.:
Dear Business Owner:
Your application for Occupational License cannot be approved at this time because of the following
violations. Please correct these below-listed violations and then call 738-7485 to schedule a reinspection.
A $10.00 reinspection fee will be charged for each reinspection. This fee is due and payable prior to
the issuance of the license. :-
Compliance with these code violations is img,erative to avoid further action by the Code Enforcement
Board. Thank. you in advance for your cooperation in insuring a safe environment for the citizens of
Boynton Beach. ,-:7 '~
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RECEIVED BY (NAME~fi/.6# fi t3Jt1 ~f/tJ[,I.J SIGNA~E
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If the Occupational License Division can be of any assistan~e, please do not hesitate to call 738-7485.
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Dear Business Owner:
Your application for Occupational License cannot be approved at this time because of the following
violations. Please correct these below-listed violations and then call 738-7485 to schedule a reinspection.
A $10.00 reinspection fee will be charged for each reinspection. This fee is due and payable prior to
the issuance of the license. "
Compliance with these code violations is imperative to avoid further action by the Code Enforcement
Board. Thank you in advance for your cooperation in insuring a safe environment for the citizens of
Boynton Beach.'.. '
rlt' BLDG.
D SITE DFffiE
aw:P /0. , s.S- sift! - I
SIGNATURE, ,\, -;~ ' <';!..O?4
If the Occupational License Divisio~ can be of any am;icstance, please do not hesitate to call 738-7485.
--_..__...-._-~.~-_._----_._.._......._-----~--._---_.--.--.-------..------.--
: . ~~:0 ..Ii,O~{~~c~~~~:; ;!;~k"~ ~i~~. .. r.:r[r~cT}':?i"~"'. .
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BUSINESS~~~~: ~ /If~w 4. .' --''''~--'' ~
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BAY OR SUITE NO. :
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"-.:';, ;;;.-.
- Dear Business Owner:
Your application for Occupational License cannot be approved at this time because of the following
violations. Please correct these below-listed violations and then call 738-7485 to schedule a reinspection.
A $10.00 reinspection fee will be charged for each reinspection. This fee is due and payable prior to
the issuance of the license.
Compliance with these code violations is imperative to avoid further action by the Code Enforcement
Board. Thank you in advance for your cooperation in insuring a safe environment for the citizens of
Boynton Beach.
&l BLDG.
MECH.
INSPECTOR(NAME) J~:-~Sb.o SIGNATURE iJn--V~ ·
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RECEIVED BY (NAME) .' Lt /4~APS:~I~IGNATURE ," }) /,' >'7./..t!. <.j~~:'f...J../~~'
, : ' _, __ f ~ _ "
If the Occupational License Divi~on can be of~y"assistance, please do not hesitate to call 738-7485.
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 97-104
April 2, 1997
TO:
Kerry Wtllis
City Manager
FROM:
AI Newbold
Acting Director of Development
RE:
BRADSHAW PROPERTY - 658 MANOR DRIVE
Ms, Bradshaw's architect, George Davis, has made the necessary corrections that he could legally
make within the confines of the building code and has, at her request, submitted them for review.
The code requirements addressing the low ceiling heights in the habitable areas still exist,
according to Mr, Davis, which he is certain will generate another comment. However, he has not
been able to convince Ms, Bradshaw that this issue will not go away and can only be petitioned
to the Building Board of Adjustment and Appeals for relief. The building official or the Building
Division cannot arbitrarily give relief from the technical codes,
Until such time as Ms. Bradshaw either obtains a variance or instructs her architect to convert
those areas back to non-habitable areas, nothing can be approved, The only alternative is to have
Code Enforcement continue to cite the property.
N~
AN:bg
XC: Scott Blasie, Code Enforcement Supervisor
Permit file
C:IBOYNTOl"i~DOCDIE-l IBRADSHA W, WPD
.___,_"_'~___'_'___'" _'"_0-'-' _._._____.~._..~__.___~_____._______.__._______'______
GEORGE C. DAVIS
.9Lrchitect
~'-',
2802 SW 6th STREET
BOYNTON BEACH, FLORIDA 33435
PHONE 732-6154
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March 27, 1977
Al Newbold
Building Official
City of Boynton Beach
FI
..---
Re: Permit Appl 95-2887
Sir:
I am resubmitting revised plans on the above-referenced
project. Referring to Bob Donovan's review comments (IV review)
I cannot address items 1 & 2. Comment #3, the kitchen in unit
#6 has been omitted and a new entrance provided in order to com-
bine units #6 and #7 as one apartment. This change provides ac-
ceptable square foot area and also eliminates the need of fire
protection between the former two units.
Point #5, nonconforming ceiling heights, I have noted that
ceilings in those apartments should be removed, thus gaining a-
bout 7'-6" vertical height.
Item #6, a detail has been added to show one-hour rated
construction between units #6 and #8.
Mechanical & Plumbing comment, unit # I is designated as
the handicapped apartment. Electrical comments have been noted.
Sincerely,
LAW OFFICES
SCHMIDT Be: PHETERSON
F>ETER H, SCHMIDT
I. JEFFREY F>HETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FLORIDA 33432-6024
TELECOF>IER (407) 394-6775
December 24, 1996
TELEF>HONE (407) 394-2700
BROWARD(954)428-0433
r:=-1 0,,:_,:' ,
t!nt~__-
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f "30-.
Mr. Al Newbold
Building Department
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
RE: Barbara Bradshaw;
Building Permit Number 95-2887
658 Manor Drive
Boynton Beach, Florida
Dear Mr. Newbold:
Thank you for taking the time to discuss the above-referenced
matter with me yesterday. Per your request, I contacted James
Cherof, Esquire. He informed me that Michael Pawelczyk was now
handling this matter and that Mr. Pawelczyk would return to his
office on Monday December 30, 1996. At that time Mr. Pawelczyk
will contact me to arrange a mutually convenient date and time for
all of us to meet.
Finally, the purpose of my December 12, 1996 letter to William
v. Hukill (which included the revised architectural plans) was,
among other matters, to resubmit the revised architectural plans
for review by the Building Department. The resubmission of the
plans was made in an attempt to resolve ONE (1) or more of the
outstanding issues (eg. the Fire Separation matter and Zoning
issues) hopefully, in order for us to deal with only the remaining
issues at our forthcoming meeting.
I look forward to meeting with you and Mr. Pawelczyk.
w:yours,
. '~~Z2
Peter H. Schmidt
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 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.
&~/J!~
DJ:bh
Attachments
~ANOJL 65 B
%e City of
'Boynton 'Beacli
100 'E. 'Boynton 'Buu/i. 'Boukvard
P.O. 'B~310
'Boynton 'Bt.IUii,:Tfori.d:a 33425.0310
(407) 738.7480
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 .(J IIger
B~~Official
DJ:bh
Attachments
XC: Don Johnson, Building Compliance Administrator
Betty MCMinamen, Occupational License Administrator
Central files
MANOR. DOC
57.mcrUas gateway to tne yulfstrcam
MEMORANDUM
December 4. 1991
TO:
Don Jaeger, Building offic~al
FROM:
Don Johnson, BUilding Compliance Administrator
RE:
OCCUPATIONAL LICENSE - E56 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 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
uti1~ty 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 19' 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 2416" 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.
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
records, 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~~~ers and
respective addresses, will clarify information.
If I can be of further assistance, please let me know.
Do4h9J~
DJ:mh
Atts.
cc: William V. Hukill, P.E.
Milt Chief Plan Review Inspector
A: BRADSHAW. CH
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)
_____"_..._____._~._,._________.m_._"'_____ _________u_.._______..___ _...~._______._ . _ _ .m__..____~__.___.___._.._..________._..... .-..-
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
-~--~---------,------,-'--------_._"--'---"--"'--'----,.-.-~-----------------~---'--'-'--'--"-"~ ,-----
Work Permitted
651 Manor Drive - Re-roof and
addition with electric - $400
value.
~~9__Manor_Drive rather than
658 Manor Drive,_two
CW_a.J:1;ments 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 ~x.ts.ti.I1g~-rnglefamil)"
~~e~ Walls CBS, roof--
tar/gravel, floor - wood,
anchoring - steel, ceiling -
plaster. Plans show water
heater is located under
upstairs bathroom.
658 Manor Drive - Re-roof - No
microfilm.
(2)
Permit No.
Date Issued
Work Permitted
9382
6/26/73
658 Manor Drive - Air
conditioner for house. One
separate centraT unit for
entire house.
10367
No date
658 Manor Drive - 187' of
fence.
13010
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
8/4/69
710 Rider Road - Fence behind
building at six locations for
total of 105', 3' high chain
link.
1114 North Federal Highway:
1114 N. Fed. Hwy. - Sign for
diner called Three Seas Diner
on U.S.1 -Fed. Hwy.
1120 North Federal Highway d/b/a Sunrise Motel, Park Shores
Manor, Palm Shore Motel:
3881
No date
547
3807
No date
1120 N. Federal Hwy. - Fence
1120 N. Fed. Hwy. - Addition -
Park Shore Motel - No
microfilm.
No date
(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:13RADSHAW. CM
(4)
Work Permitted
1120 N. Fed. Hwy - Sign - No
microfilm.
1120 N. Fed. 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.
1120 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.
DEPARTMENT OF DE VEL OPMffiNT
BUILDING DIVISION
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
December 16, 1996
Peter H. Schmidt
Schmidt & Pheterson
400 S. Dixie Hwy.
The Arbor - Suite 420
Boca Raton, FL 33432-6024
RE: 658 MANOR DRIVE - COMMENTS
Dear Mr. Schmidt:
Thank you for your December 12 letter describing events as you understand them with respect to
subject property.
With respect to "codes," we think your reference to the "City of Boynton Beach Planning and
Zoning Code" actually refers to the City's Land Development Regulations, or at least a portion
thereof. We have no "Planning and Zoning Code. " You did not mention the adopted building
codes of the City, which are referred to only briefly in the Land Development Regulations
(Chapter 20, Article I, Section 3, page 20-1). I mention that because those codes establish
building construction requirements, are administered by the Building Division of this
department, and appeals (or variances as you describe them) are processed through the Building
Board of Appeals, not the "Board of Adjustment" (actually Zoning Board of Appeals).
We don't know if your narrative describing past events surrounding this property are correct, but
will be happy to meet with you at your convenience as we have on other occasions with Mrs.
Bradshaw, Mr. Davis, and Mrs. Bradshaw's previous counselor.
'" :PJJ9n~: ,L~~lLE~-QJ50_
FAX:, (561) 315-6357
Peter H. Schmidt
RE: 658 Manor Drive - Comments
December 16, 1996
Page Two
I am assigning this to Deputy Director AI Newbold for resolution, and by copy of this letter, I am
requesting that our city attorney attend any meetings scheduled with Mrs. Bradshaw and her
legal advisor. Mr. Newbold can be reached at 561-375-6372.
Sincerely,
tV dt/~;#r;&;c(
William V. Hukill, P.E.
Director of Development
WVH:bg
XC: James Cherof, City Attorney
AI Newbold, Deputy Director of Development
Jerzy Lewicki, Assistant Planner
c:\ WPWIN60\ WPDOCS\MANOR2. WPD
LAW OFFICES
SCHMIDT Be PHETERSON
PETER H, SCHMIOT
I. .JEFFREY PHETERSON
400 SOUTH OIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, FLORIDA 33432-6024
TELECOPIER (407) 394,6775
TELEPHONE 14071394-2700
BROWAROI954'42e-0433
December 12, 1996
BAND DELIVERED
william V. Hukill, P.E.
Building Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida
HE: Barbara Bradshaw; Building Permit Number 95-2887;
Real Property located at 658 Manor Drive, Boynton
Beach, Florida ("Real Property")
Dear Mr. Hukill:
This law firm represents Barbara R. Bradshaw (the owner of the
above-referenced Real Property) relative to the issuance of a
Building Permit for the Phase 2 remodeling of the apartments
thereon. In that regard, I have enclosed the revised architectural
plans. It is my understanding that Ms. Bradshaw has made reason-
able attempts to work with your staff relative to concluding the
Building Permit application process in order for her to commence
the Phase 2 remodeling.
In that regard, I have reviewed the various documentation as
to the history of Ms. Bradshaw's efforts to obtain a Building
Permit for the remodeling. In addition, I have researched the
actual history of the Real Property (relative to its ownership, as
well as the initial construction, the various remodeling projects
thereto, and the actual use of the Real Property) from the time it
was acquired by J. Willard Pipes, a/k/a J. .W. Pipes, and Jean R.
Pipes, his wife, on August 29, 1950. Based on that research, prior
to Ms. Bradshaw's acquisition of the Real Property, it has been
used continuously as rental apartments, first by Mr. and Mrs.
Pipes, since the initial construction of improvements thereon in
1952.
william V. Hukill, P.E.
December 12, 1996
Page 2
Based on my review of Ms. Bradshaw's ef forts to obtain a
Building Permit, I have concluded that it appears that Ms.
Bradshaw's architectural plans were never submitted to the Planning
and Zoning Department for their review. If my conclusion in this
regard is inaccurate, please let me know. As a result of my
conclusion, and in an effort to commence the resurrection of the
Building Permit application process, I met with Jerzy Lewicki of
the Planning and Zoning Department on October 30, 1996.
The primary purpose of that meeting was for me to obtain a
better IIgrasp" on the planning and zoning issues. Based upon the
2nd Review Plan Review Comments, it appeared as if the Planning and
Zoning issues dealt solely with the Nonconforming Structures
section of the Code as to minimum yard setback requirements and
floor area requirements.
Based on the results of that meeting, as well as my review of
the City of Boynton Beach Planning and Zoning Code ("Code"), it
was, and is, my understanding that the prior improvements to the
Real Property, as well as the actual use thereof since 1952, both
come within the Nonconforming Structures section of the Code and
the Nonconforming Use of structures section of the Code. Conse-
quently, I understand that, if any Planning and Zoning issues still
remain (none of which I am presently aware), they can be dealt with
through a request for a variance before the Board of Adjustment.
As to the outstanding issues with the Building Department, I
have worked closely with Ms. Bradshaw, and her architect, George C.
Davis, in an effort to resolve such matters.
According to the 3rd Review Plan Review Comments of May 15,
1996 (copy attached) the corrections from 2nd Review (copy
attached) were .. not made." However, as to the Building Department
issue, the Fire Separation of all units, in fact, was set forth in
the revised architectural plans on page 2 of 3, but apparently was
overlooked. Also, as to the ceiling height issues, it appears that
only unit 6 (and perhaps unit 7) fails to meet the minimum ceiling
height by ONE (1) inch. Previously, the City approved the ceiling
height in unit 6 and unit 7 since Building Permits'have been issued
by the City for all prior construction and remodeling projects.
Further, Ms. Bradshaw ~reviously was informed by staff that such
matters could be resolved by the Building Department on an interval
administrative basis.
SCHMIDT 8: PHETERSON
ATTORNEYS AT LAW
BOCA RATON, F'LORIOA
william V. Hukill, P.E.
December 12, 1996
Page 3
If, however, it is the position of the Building Department
that the ONE (1) inch ceiling height nonetheless is still an issue,
please let me know. If such is the case, I will request a variance
(on behalf of Ms. Bradshaw) from the Board of Adjustment.
Certainly, if I have misunderstood and/or misinterpreted any
of the issues set forth in the 2nd Review Plan Review Comments, I
would appreciate the opportunity to meet with you, or a member of
your staff, in order to have a more thorough understanding of any
remaining issues so we can move forward in resolving them.
Peter H. Schmidt
PHS/cf
Enclosures
cc: Barbara R. Bradshaw
George C. Davis
Jerzy Lewicki
Code Enforcement Unit
SCHMIDT Be PHETERSON
ATTORNEYS AT LAW
BOCA RATON. FLORIDA
~.
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BUI DING
DIVISIOY-
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-6350
PLANS REVIEW
Name of Re~iewer W. F:* \3g.ow u
Type of Review 6-nz,UC.TVI2-A-L.
Date of Review _\"2..-\~-CJ?
1st Review 2nd Review
COMMENTS
Permit, # q~ '"Z8~1
proj ect 'P:,AR.8A-42.~ ~ADS\-t~
Cjt)ntractor TBA.
v' Other
Your permit application and supporting documentation do not comply with the
City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the comments
and resubmit two (2) corrected sets of plans to the Building Division.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
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100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (407) 375-6350
PLANS REVIEW COMMENTS
Name of Reviewer
Type of Review
Date of Review
1st Review
Permitl o/.S- - 2 J JJ 7
Project 8/fA /'}I!Ll./'1 f>A./1/J SHI! V
Contractor t:; C,1 J If (lId/! .oLIVe-
Other ~ L. 6y/.6v
Your permit application and supporting documentation do not comply with the
.City of Boynton Beach Code of Ordinances as described below (see attached
sheets if applicable). Please correct documents to comply with the corements
and resubm1 t two (2) corrected sets of plans to the Building 01 vision.
Direct any questions to the reviewer named above. If a conference with the
reviewer is necessary, an appointment is recommended. To' expedite the
process, changes may be made to the permit documents at the Building Division
by the applicant or his agent. (Proof of authorization is required of anyone
other than the design professional prior to making changes to signed and
sealed documents). Timely approval of your project is dependent upon your
prompt response to the comments.
@ C 0 ~ tti- "'- T/tP):/ 5 F /J.. () /7 I<c t/ (b- t,/ -t/ 2-
No"( 17A-/}E. .'
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...~************************************
Applicant's Comments rec'd.
phone I 7 3l.f'- 9 (e-I L Name (pr 1nt) .
Da~e.called & ca~ler's (signature):'
inlt1.als: 1st?;&,. S-!{;!t(d Date " , ,
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Convnent~
only
Plans &"
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