APPLICATION
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PROJECT NAME: ORCHARD LANDING
LOCATION: East side of U.S. #1-185' south of Golf Road
COMPUTER ID: Orchard Landing\ZNCV
I FILE NO.: ZNCV 98-011, Case #258 I TYPE OF APPLICATION: zoning code
variance (front setback reduction)
AGENT/CONTACT PERSON: OWNER! APPLICANT:
M.Jeffrey Semko Diamond Beach Development, Inc.
PHONE: 533-7846 Harvey Lang
FAX: PHONE: 561-362-8750
ADDRESS: 1815 High Ridge Rd. FAX: 561-395-8626
Lake Worth, FL 33461 ADDRESS: 22310 Gaudeloupe St.
Boca Raton, FL 33433
Date of submittal/Projected meetine dates:
SUBMITTAL / RESUBMITT AL 7/29/98
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: AdlMail: 8/24/98
City ClerklFax: 8/21/98
Out of office-City Atty: 8/19/98
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD - 918(98
MEETING:
.
CITY COMMISSION MEETING: 9/15/98
COMMENTS: ,
S:\FORMS\PROJECT TRACKING INFO
. ,APPLICATION ACCEPTANcr--'ATE: 7/3oh,f
" .J
FEE PAID:..5~;:;' -f-;30 '(:,(
RECEIVED e"--,TAFF MEMBER: ~
RECEIPT NUMBER: 1/7bu'
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 Type
Submittal Date:J~ t / ~ -6 J / q ~i;Y
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 existi'ng 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) SEE ATTACHED LEGAL DESCRIPTION
Block N/A
, Subdivision
N/A
Plat Book 2
Page 159
or otherwise described as follows:
Property Atldress E.SIDE OF U.S.#1-185'SOUTH OF GOLF ROAD
Variance requested MINIMUM LOT FRONTAGE REDUCTION TO 25 '
The following documents are required to be ~ubmitted with this application to form a single package.
. Incomplete package will not be accepted: .
1. Two sealed surveys 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 (11100) 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,
including a tax map showing placement of 400 feet boundary. 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, as well as labels or addressed envelopes and postage (1st class-
stamps or payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an agent Is submitting the Detition. a notarized CODY of a letter deslanatina him as
such must accomDany the Detition.
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 print 'or
tvpe) :
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 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 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 $500.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $500.00 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: DIAMOND BEACH DEVELOPMENT INC.
8. 'Name of applicant: HARVEY LANG
Applicant's address: 22310 GAUDELOUPE ST. BOCA RATON.FL. 33433
Applicant's phone #: TELE: 561-362-8750 FAX: 561-395-8626
Date: '-::} d 7 ~ " {? '7 i' Signature of Applicant: ~
TO BE COMPLETED BY PLANNING AND ZONING
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:
'.
5.
Case Number:
Meeting Date:
~
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLAN~.I~~ AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
\ .
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE B~ST 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 PROPERTY.
~.
A~
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
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHARED\WP\FORMSIAPPS\ZNCV\ZNCV.APP
Junel, 1997
-
A PARCEL OF LAND LYING PARTLY IN THE SOUTH ONE HALF OF
SECTION 33 AND PARTLY IN THE SOUTH ONE HALF OF SECTION
34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST-WEST QUARTER
SECTION LINE OF SAID SECTION 33 WITH THE EAST RIGHT OF WAY
LINE OF U.S. HIGHWAY NO. 1. STATE ROAD NO.5 AS SHOWN IN ROAD
P.LAT BOOK 2 ON PAGE 159, PUBLIC RECORDS OF PALM BEACH
COUNTY; THENCE EASTERLY, ALONG SAID EAST-WEST QUARTER
SECTION LINE A DISTANCE OF 334.48 FEET TO THE POINT OF BEGIN-
NING; THENCE CONTINUE EASTERLY ALONG THE SAME COURSE, A
DISTANCE OF 232.50 FEET TO THE QUARTER SECTION CORNER IN
THE EAST LINE OF SAID SECTION 33; THENCE CONTINUE EASTERLY,
ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION
34, A DISTANCE OF 155.90 FEET TO AN INTERSECTION WITH TH E
WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, AS
SHOWN IN PLAT BOOK 17 ON PAGE 13A; THENCE SOUTHWESTERLY
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 211.64 FEET
TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF A LINE
209.46 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, AND
PARAllEL WITH THE SAID EAST.WEST QUARTER SECTION LINE OF
SECTION 33; THENCE WESTERLY, ALONG SAID PARALLEL LINE A
DISTANCE OF 715.02 FEET TO AN INTERSECTION WITH THE SAID
EAST RIGHT OF WAY LINE OF U. S. HIGHWAY NO.1, THENCE NORTH-
EASTERLY, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF
25.11 FEET TO AN INTERSECTION WITH A LINE 184.46 FEET SOUTH
OF, AS MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SAID
EAST.WEST QUARTER SECTION LINE OF SECTION 33; THENCE
EASTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 352.17
FEET; THENCE, NORTHERLY, AT RIGHT ANGLES TO THE PRECEDING
COURSE, A DISTANCE OF 184.46 FEET TO THE POINT OF BEGINNING,
AS DETERMINED AND IDENTIFIED ON A SURVEY AND SUBDIVISION PLAT
PREPARED BY: O'BRIEN, SUITER & O'BRIEN, INC., DELRAY BEACH, FL.
P.B.C.P.A. - NAL SY~~~M JULY 27, 1998 -- 12:23:49 HOURS
PARCEL - CY 08 RG 43 TW~ 45 SEC 33 SUB 00 BLK OOL LOT 5140 YEAR (C/L)
ASSN: YEAR ADDED 80
TYPE DATE MAINT 07/27/98 COLL NCOA:
NAME DIAMOND BEACH DEV DATE MAINT 05/07/97 RDEE
ADR1 JOINT VENTURE DATE MAINT 05/05/97 DATA ECN HST:
ADR2 22310 GUADALOUPE ST DATE MAINT 04/04/97 CTF
ADR3 BOCA RATON FL ZIP 33433 HOMESTEAD RECEIPT # 0000000
SALE DATE 0497 PRICE 300000 BOOK 9735 PAGE 985 TYP V INST WD QUAL U
LEGAL 33'-45-43 N 207.78 FT OF E 1/2 .
OF SE 1/4 LYG E OF FEDERAL
HWY (LESS NLY 184.46 FT OF
WLY 334 FT)
34-45-43,N 207.78 FT OF NW
1/4 OF SW 1/4 W OF FIND CNL
CMC 98
PUC 000
HOME 0
ASSDVAL 0
LANDMKT 0
SOHVAL 0
NAV FCTR
MESSAGE
MMC 00 NAV EXC 00 %EXC 0.0 TFR THP INFO NACRES 2.09
00 T-CONDO CCD 04 OTH NAV OWN 0 MTG CTFNO 00 -
WIDOW 0 DISAB 0 OTHER 0 ENERGY 0
SYSTVAL 388079 LANDVAL 388079 BLDGVAL 0
CONSVAL 0 NLAND 0 EAA EAA ACRES 0.00
OVERRIDE N SOH YEAR 0000 % USE 0.0 SOH ADJ YEAR 0000
0.00 PRT(F10} ADD (F13) CHG(F15} INQ(F22} DEL (F8) MENU (F24)
- LAST YEAR VALUES * CURRENT EXEMPTION INFO
July 27, 1998
VIA HAND DELIVERY
Mr. Michael Rumph
Planning Director
City of Boynton Beach
Re: Diamond Beach Development - Requestfor Variance
..
Dear Mr. Rumph:
Please accept this letter as our statement of special conditions, hardships or reasons justifying
the requested variance. We are requesting a variance from the building frontage and street
. width requirements for residential development under the Boynton Beach Code. As you are aware.
our property is an irregularly shaped parcel which sits approximately 350 feet to the east of U.S,
Highway 1. Our property is connected to U.S. 1 by approximately 25 foot access driveway. This
configuration pre-existed our ownership of the site.
Inasmuch as Federal Highway is the only public or private street which adjoins or abuts our
property, this 2S foot entry-wny would be the onJy frontage as definable tmder the building frontage
requirements of the Code.
Under normal circumstances, our property would possess more than adequate frontage,
having a width of approximately 184 feet on a line which parnllels U.S.1. Unfortunately, this
frontage is not usable for calculations under the Code. as it is setback from the road by
approximately 350 feet.
We believe this to be a relatively unique configuration of property and, therefore, the
granting of a variance on this property would not confer any special privilege which would be denied
to other land, buildings or structure in the same district. Additionally, we do not believe thnt the
granting of this variance would set any type of precedent which would require the granting of other
variances within the City.
We believe that a literal interpretation of the building frontage criteria of the Code would
deprive us any developmental right on the property and would, therefore, deprive us of the rights
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commonly enjoyed by other properties in the area, that of the tight of use and enjoyment of our
property.
Thank you in adva11ce for your diligent consideratio11 of this matter. We await your
recommendation and our opportunity tor hearing on this matter.
Sincerely,
O:\DMZ\73411S\1 0683\0200261,0 I
1/27191
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9~:91 (NOW)86 ,LZ- '1M
PALM BEACH COUNTY
REQUEST FOR DATA RUN
PROPERTY INFORMATION REQUEST
NAME OF COMPANY AND/OR INDIVIDUAL:~f S..e WI k 0 /DI!>~V1 fa151II-fil~' t
ADDRESS:
S33-7f1b
TELEPHONE NUMBER:
4sof
() 6 -y s - 4 > - 3 -> - 00 - DOO - ~ 140
- >L( L .
7671
Phone #
Fax #
CHEC~ ONE:
V LABELS
PRINT-OUT & LABELS
PRINT-OUT
HOMEOWNERS ASSN
INDIVIDUAL OWNERS NAMES
OF EACH CONDO UNIT
TAX ROLL RECEIPT
I, THE UNDERSIGNED, WISH TO ORDER THE ABOVE DESCRIBED DATA RUN.
I UNDERSTAND THAT I WILL BE RESPONSIBLE GE~INCURRED.
I
PLEASE CONTACT,
PHONE #355-2358
#355-2352
CLARICE P. PETERKIN
OR FAX 355-4416
GLORIA DEAN
Please return to South County