Loading...
AGENDA DOCUMENTS \ AGENDA DOCUMENTS DEPARTMENT OF DEVELOPM~'-'T MEMORANDUM NO. PZ 99-117 TO: Sue Kruse City Clerk Michael W. Rum:l(L- Director of Planning and Zoning FROM: DATE: September ~, .1999 SUBJECT: Gwendolyn Hanson Zoning Code Variance 99-008 (rear setback) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the September 28, 1999 Planning and Development Board meeting. MWR:dim Attachments NOTICE OF PUBLIC HEARIN'- NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Gwendolyn Hanson Request: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 13 foot variance or a 12 foot setback. Location: 206 S.W. 5th Avenue Legal: Lot 54, Mango Heights, according to the Plat thereof as recorded in Plat Book 30, Page 55 of the Public Records of Palm Beach County, FL A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday September 28, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PUBLISH: THE POST September 13, 1999 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 REQUEST FOR PUBLlSHINr:.- LEGI NOTICES AND/OR LEGAL ADVl _ .-ISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: September 9. 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Public Hearina Notice for (meeting September 28. 1999) Gwendolyn Hanson rear setback variance. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property (postmarked no later than September 13. 1999). applicant and Director of P/annino and Zonina NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: I\uaust dO. 1999 September 13. 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: September 10.1999 APPROVED BY: (1) ff(~~~t (Originato r '7 /; If l' , . (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:ISHRDATAIPLANNINGISHAREDlWP\PROJECTSIGWENDOL YN HANSONILEGAL NOTICE. DOC DF..DARTMENT OF DEVELOPMENT M~.AORANDUM NO. PZ 99-177 TO: Sue Kruse City Clerk /1;1(./;E. Michael W. Rumpf Director of Planning and Zoning FROM: DA TE: August 18, 1999 SUBJECT: Gwendolyn Hanson Zoning Code Variance 99-008 (rear setback) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the September 14, 1999 Planning and Development Board meeting. MWR:jma Attachments r I . It ., :}.'~ .,J" "- \. .\ ',,-, j \ ~" .J' "I" '.EQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISb".ENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: P/annina and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: August 18. 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Planning and Development Board Public Hearina Notice for (meetina September 14. 1999) Gwendolyn Hanson rear setback variance. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property (postmarked no later than Auaust 30. 1999). applicant and Director of Plannino and Zoning NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: Auaust 30. 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: Auaust 18. 1999 APPROVED BY: (1) '--rt- -~ -zt:? (Originator) (2) l\-t cJk0~ Cf~ (City Attorney) (Sf/ro/Y'? , (Date) 9;( 14 { i9 (Date) RECEIVED BY CITY CLERK: B~/7'? COMPLETED: s:\projects\Patrick~egal fJTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Gwendolyn Hanson Request: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 13 foot variance or a 12 foot setback. Location: 206 S.W. 5th Avenue Legal: Lot 54, Mango Heights, according to the Plat thereof as recorded in Plat Book 30, Page 55 of the Public Records of Palm Beach County, FL A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday September 14, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office August 4, 1999 (5:00 p.m.) D September 21, 1999 I:8J OctoberS, 1999 D October 19, 1999 D November 2, 1999 September 8,1999 (5:00 p.m.) D July 20, 1999 D August 3, 1999 D August 17, 1999 D September 7, 1999 July 7, 1999 (5:00 p.m.) July 21,1999 (5:00 p.m.) September 22, 1999 (5:00 p.m.) October 6, 1999 (5:00 p.m.) August 18,1999 (5:00 p.m.) October 20, 1999 (5:00 p.m.) NATURE OF AGENDA ITEM D Administrative I:8J Consent Agenda D Public Hearing D Bids D Announcement D Development Plans D New Business D D D Legal Unfmished Business Presentation RECOMMENDATION: Please place the request below on the October 5, 1999 City Commission agenda under Consent - Ratification of Planning and Development Board Action. The Planning and Development Board with a unanimous vote, recommended approval subject to staff comments, and the additional condition that consent be received within 30 days from a representative of the adjacent Presbyterian Church. For further details pertaining to this request see attached Department of Development Memorandum No PZ 99-207. EXPLANATION: PROJECT: GWENDOLYN HANSON AGENT: Mark Hearn, USA Exteriors OWNER: Gwendolyn Hanson LOCATION: 206 SW 5th Avenue DESCRIPTION: Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a., to allow a 12 foot reduction from the minimum 25 foot rear setback. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Acting Director of Development City Manager's Signature f City Attorney / Finance / Human Resources JISHRDA T AIPLANNINGISHAREDlWPIPROJECTSIGWENDOL YN HANSONlAGENDA ITEM REQUEST CC IO-S-99.DOT Meeting Date: File No: Location: Owner: Project: Variance Request: ufVELOPMENT SERVICES DEPAk IMENT PLANNING AND ZONING DIVISION MEMORANDUM #99-207 Staff Report Planning and Development Board and City Commission September 14, 1999 ZNCV 99-008 (rear setback from property line) 206 SW 5th Avenue (Lot #54) Gwendolyn G. Hanson Addition to existing single-family house Request for a variance from the City .of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a., to allow a twelve (12) foot reduction from the minimum twenty-five (25) foot rear setback required within the R-1-A single family zoning district. BACKGROUND Gwendolyn G. Hanson, owner of the above-described property, is requesting a variance for the purpose of constructing a rear addition to the existing single-family dwelling located at 206 SW 5th Avenue (see Exhibits "A" - Location Map). The subject property and nearby neighborhood is currently zoned R-1-A, Single-family Residential. The following is a description of the zoning districts and land uses of the properties that surround the property: North - South - East West SW 5th Avenue right-of-way and farther north, single-family homes zoned R-1-AA. First Presbyterian Church zoned R-1-AA. Single-family homes zoned R-1-AA. Single-family homes zoned R-1-AA. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. \ Page 2 Gwendolyn Hanson File No. ZNCV 99-008 b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) From a windshield survey and aerial photographs, the subject single-family home appears typical of those throughout the neighborhood. Furthermore, the subject lot contains no natural or platted characteristics that distinguish it from adjacent lots. This variance request has been initiated by the need for additional space within the home. With respect to alternatives to expanding the home, the rear expansion offers the most logical and least obtrusive expansion, particularly given that the adjacent property (to the rear) is occupied by a church, is partially vacant and occupied by a parking area, and was developed with comparable or greater setbacks. With the current structure located approximately 25 feet from the rear property line, home expansion is impossible without relief. The proposed variance would allow the addition of 338 square feet to the home, or an estimated 17% increase in area. With respect to impacts upon adjacent properties, as indicated above, staff has identified a nearby parcel with a similar addition. Staff was unable to verify the exact dimensions and setbacks for the comparable additions. RECOMMENDATION Based on the above analysis, and principally the lack of traditional hardship, staff recommends that this request by Gwendolyn Hanson for a variance from the City of Boynton Beach land Development Regulations, Chapter 2 -Zoning, Section 5.D.2.a, as described herein for the purpose of constructing an addition to the single family dwelling located at 206 SW 5th Avenue, be denied. However, if the city chooses to approve this request based not on hardship criteria but by virtue of the merit of the request, staff concludes the following: 1) The expansion will not likely have a negative impact on adjacent property values; 2) Impacts from the proposed expansion will not likely be realized by the adjacent property toward which the building would expand; ~ Page 3 Gwendolyn Hanson File No. ZNCV 99-008 3) The request is supported by the neighbors who reside on both sides of the subject parcel, and opposite the subject parcel; 4) The building expansion would not reduce the perceived feeling of openness due to the openness provided by the adjacent church use; 5) There has been no evidence of objection by any adjacent property owners. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or City Commission will be placed in Exhibit "0". J:\SHRDATA\Planning\SHARED\WP\PROJECTS\GWENDOL YN HANSON\Staff Report (Hanson).doc 3 EXHIBIT nAil LOCATION MAP :: '!lGW,~~..Q~A'~~I~~N, SQ.N RI;~IDENCE~ \' \1\ -1\1~ ~~~~~~tq ~'~1l~~~ - - ~~~~ R3 J I, \~ ~,~~ :-':"~~;~13 .~........ ill P 0==' ':: 1=.. . \, ' II -.- U1' ~'-'.~h ~&ll - l - fi .__ Ii j \ P' -=., _ _ ~ :.: ~ - r- ......... r i ' ~, I \, R ~ r : l.L ~~,.... :~ 0 l-~ - -r;., \ I . ~ ~' .: ~,---~ - - -:- - I I' \ e t:= r, ~t:I~ WTN ' ',\\ ~~ '-, :::::j~~~'1 c: BD-',; , . \ C t:: {1" ~ " I- I.- ....,. "" n'~.-j I : - :.... '-...~ - \ Ii i . \ ~ -/( ,\ \W, .... ~ --:"'"':7"7T - .~' ~':..---- t'l \ I .;\., \ II. ......I.P"h''DlfLU~S-J!. ~~y~ CITY: ': " [ J ~\ -~.- (_ ,. .'.. ... t.' ~_ ... t;;J' - It" jiJ ,--:::m;m: ~( 1 .~ ' , ,f" ",;.j J-'~I.!-:. I~ l:::J -:::::::: L- :----\ ." -- . \ ',I(r ~_. - . ~ l' ..... I~J" -' ~ -. .--- , \\ \1\\1\ Rnr"''''\'I\''~''~~-'i.IlI' '~.l ,Iii pUiii:; .~:l[~U-. ,.- " ~ Hi ' , j., I~ . r . .\ ' -1 \ ' -='- - r I' .J l ;...... -~.. ~ ~\ '\\11 F1'ii\m~r \~m .,='" " q:; 1~ R..,....t. II'" tJ,c=J ~ I' ,J-- , , ~~ ., - 11, 'I\~' ~1rc:E:: ' ~r-: !:.~u.t""li \\11 \\ 1"'l:I\,\\\I.~I',t"::F<lol?JI""i':' .;~;",~~~ '- .' ,\'..-. '~-'T \ _1~1~ {'\ ~~-\F-" 'Q ,\ I:.f Irtl"l~_ ii, 1\' f ~' ~ 1 _.Jl..-J L.;. \t:- ~\\ 11' I, "\J ~~\, \; III ,\ '\ ~.Y ~jt-:l1i: ,': ~~~ . -- ~===\ ;,- I \\ ,~. .- \ ',." ]1::' I 'T\Tl ~.~ 1 II . -L.J;'-:I- \,.,,\, ,';'1 i I" - " "'. 1 T . =~, t'--- , If ' t......,-,.. I " . ,'\ 1 ',L ,T I' ;\ ' . j 1 I. I---- c--= .-J *,,-.,-, . \ 'i ~~~~ ~.. ~"',l ....E3.~ . riTITn~ ._~~-~ ~~. f- 1\ f, 'I r. T11~.i ,..,. , -- IT', '.....\ n~iiil~ r" t -'-l~-l: . \ ,JT I I \ ' .,. , T "...... I'Iil! ,. ...... ~! I ':-::...IJ 'II ..t 11. B ,- ----,.. /. , . -r \', :l-.,..,l,.~ ..L[j T . .~ ,VA I It II ;; \ .. \ . e -r ~' .'!:::::=:l' , 'r-r=. L ~-....'..J... ::; \ ~ ill I I,.. ; ~ ~ It) C c::::l~: I j f , \', ~.L" ~~~B' r::.. · ...... J =-n=~i~~ ~U ~ ___ I ~,\,~TT1iJrT ;I\\~~~I''1 ::\r_~_~ , ,., J ~ . :.::.. I \ I :\lI~~II':l ~ - I ~ 1"'_' r ~'1 [=:';"-.::=l ,.1\\' ~ ~:-. . '. I ':'.!~ i- E ~ .: Er=-~1 \l]r , . ~,', ...-' I . li ~ 1::::.-:::-, -:jj '"":If.1'' ,_'c. ~ -tl I, I ' :J "'IT.:, 1\,!~IIII" I .' . -......;...1 ..J" l-L E::: 1--: -:r-d11 - 2:, ~ ,~ I ,\ \ \ \ " :.J r ,': i i\~ I (' , I ~ ' 1\ ' . , J -:J::- - -::J f - - f~ _, '_' - . :1\"'.\ I. ,....--: p- I t;'II\\:\ m.r"";,(,l\\IY, \mil' ,\I . (J1 ,'.....:::: ~ -iI ,. .- --'":l.: i \ 1 S"':",II' 1.1'....:::. . ~li;11 ill\Ii). ~ \ I ~l, rt- i ~~ ~H~ '~ -- \--- ' ""-.: ~ ~ lJf 1, . \' . 11, \lrl'~-1f" I, . j,}:rrm1\T.' .+ ~.~..~ ~ -< a ~ if 'j_J .. ......... 1 t" I . i I . . , rr [1 . J~ ..' J ~ I.. L- \.,." ~ \ ~ il i' =.-\ k ' , ' , j i\~~ +~J ~ ~ ~ ' ./ "7' ~,r- I . \ :\ . ~1 \ \ \ :- ~ H --1 ,\ ' d , : ~. '-\~ L.,~ I ,", . ~\PU: ~ - J'" 'B1:"~~lt\' ~\:,;...j:; _rr::" E .'-1 '_ i ~ .~ :IJ ,'." J ~..-.... ' ~ ~-~ '0 1/8 MILESV ~ Tl"i\ ,'l, r - =. · i~,,' .~ - _ T 11I1 \ I'. _ ~~ .... ~~\.. ~.J:: < w~ndGL II _ "0 .400 '800 FEET \ PU i~: : " C-3. r }L_J\J;_IL~'L=j1:,~-"::/:r _--"k-l\-I l--- -: .:. ., ,~.: - -- r --..' I .-I. ! , , -- :1- p- - -r.;n . r , EXHIBIT "B" ~ V') ~I ~ 'F:NCE ONLINE M,f SET IR. ~~. O.J' "U-. ..", .. ;.. ~ 65.00' ...: ~ vjl J _ +22.42 _ ~ S. W. 5TH AVE. 20' PA VING BENCHMARK TOP OF NAIL AND WASHER +22.18 C t'l II): t'l: ~ t'l JO.7' FLOOR +24.J2 ~. is e :::iO ~ 7J.8' .. ~ LOT 53 ~ C\i 0) LOT 54 CI, s ~ ~ L, FL OOR +24.J2 1J..3' FLOOR +2.3.90 .~ 7"; t'l .. ~ ~ LOT 55 ~ " ,.., L,. SINGLE STORY \ " RESIDENCE 1206 '- 7.3.7' ...-.;",) . I COM. 1 I --I: .1).. I CONe.-,' 01 !::: ~ I A \ C PAD \ I ~Cl:l I -p;oPO~~~---~ ~ ~'ADDITION cf,.~ ::: 6' EASEMENT..! '-, 11 ' ,1 '- \ 65.00' NOT PLA TTED 'EN, SUITER <i O'BRIEN. INC. 5 G ':'\~. t'.i.!'..1 EXHIBIT "D" Conditions of Approval Project name: Gwendolyn Hanson residence File number: ZNCV 99-008 (rear setback for a rear building addition) Reference' ZoninlI Code Variance Aoolication dated June 2 1999 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None ~'. X PLANNING AND ZONING Comments: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Consent should be received within 30 days from a representative of the X adjacent Presbyterian Church. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWRdim JISHRDATA\PLANNINGISHAREOIWPIPROJECTS\GWENDOLYN HANSON\COND. OF APPR CC 1D-5-99.DOC 7.A.5 GWENDOLYN HANSON ZONING CODE VARIANCE Meeting Date: File No: Location: Owner: Project: Variance Request: D~ vELOPMENT SERVICES DEPARTI\IIENT PLANNING AND ZONING DIVISION MEMORANDUM #99-207 Staff Report Planning and Development Board and City Commission September 14, 1999 ZNCV 99-008 (rear setback from property line) 206 SW 5th Avenue (Lot #54) Gwendolyn G. Hanson Addition to existing single-family house Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a., to allow a twelve (12) foot reduction from the minimum twenty-five (25) foot rear setback required within the R-1-A single family zoning district. BACKGROUND Gwendolyn G. Hanson, owner of the above-described property, is requesting a variance for the purpose of constructing a rear addition to the existing single-family dwelling located at 206 SW 5th Avenue (see Exhibits "A" - Location Map). The subject property and nearby neighborhood is currently zoned R-1-A, Single-family Residential. The following is a description of the zoning districts and land uses of the properties that surround the property: North - South - East West SW 5th Avenue right-of-way and farther north, single-family homes zoned R-1-AA. First Presbyterian Church zoned R-1-AA. Single-family homes zoned R-1-AA. Single-family homes zoned R-1-AA. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. , Page 2 Gwendolyn Hanson File No. ZNCV 99-008 b. That the special conditions and circumstances do not result from the actions of the applicant. c_ That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) From a windshield survey and aerial photographs, the subject single-family home appears typical of those throughout the neighborhood. Furthermore, the subject lot contains no natural or platted characteristics that distinguish it from adjacent lots. This variance request has been initiated by the need for additional space within the home. With respect to alternatives to expanding the home, the rear expansion offers the most logical and least obtrusive expansion, particularly given that the adjacent property (to the rear) is occupied by a church, is partially vacant and occupied by a parking area, and was developed with comparable or greater setbacks_ With the current structure located approximately 25 feet from the rear property line, home expansion is impossible without relief. The proposed variance would allow the addition of 338 square feet to the home, or an estimated 17% increase in area. With respect to impacts upon adjacent properties, as indicated above, staff has identified a nearby parcel with a similar addition. Staff was unable to verify the exact dimensions and setbacks for the comparable additions. RECOMMENDATION Based on the above analysis, and principally the lack of traditional hardship, staff recommends that this request by Gwendolyn Hanson for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -Zoning, Section 5.D.2.a, as described herein for the purpose of constructing an addition to the single family dwelling located at 206 SW 5th Avenue, be denied. However, if the city chooses to approve this request based not on hardship criteria but by virtue of the merit of the request, staff concludes the following: 1) The expansion will not likely have a negative impact on adjacent property values; 2) Impacts from the proposed expansion will not likely be realized by the adjacent property toward which the building would expand; c Page 3 Gwendolyn Hanson File No. ZNCV 99-008 3) The request is supported by the neighbors who reside on both sides of the subject parcel, and opposite the subject parcel; 4) The building expansion would not reduce the perceived feeling of openness due to the openness provided by the adjacent church use; 5) There has been no evidence of objection by any adjacent property owners. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or City Commission will be placed in Exhibit "0". J:\SHRDATA\Planning\SHARED\WP\PROJECTS\GWENDOL YN HANSON\Staff Report (Hanson).doc 3 EXHIBIT "A" LOCATION MAP :: 1\11GV/~~..QOLY~I~~~&O,N, Rf;e~DENCErt \ '8~t=t~, l(jR"t' ~~ 'f":t:-~. . - I' l .. __ (:;oa^ J -\~l ' ,'" ~ -1 --- rt~e~' ~ ~ R 3 I r- I \ - . -.. ~ .........- ~, ..~ .-.-.-, ~ \,,...,... ~ --,- JJ . -: --;:=. L - I II, \\ p3F~.~~'~~R.'..~. :~t.'l~ '::' " 'c: ~~ C-,~:_ \ ill, \~ u . "~~~e~n -4, ,- ZE '1~~,: ,,~j'-~!--r ( III, ~ . R_1~d ~~~l:-t>)o~~~~ ' !',,:~ ~~ I-- .~ ~_:.-- --,,-,- I, I! 141\ E f- \ " I ~E E;PriiQ ~ " ',\ E"\~ ~ ~ ~,1 I", C'~._. ,,~_ I \ I 'it I C C,W:l. I \ f- l- h~ \ . oj ~T \ I I : I....JC.~-~. 2--. :........ ,.:1--:..~ Ii i.. \ \ '\' II. L \ f- /1\, j . ..........L.... y-.;: i.:,r.Y - -: c 1\ -~.- 'l..i:'Io. .'...... "!!1N~ ~~tt~~Y~ fi'4ITX.' . - \ I' C. \ r--t "T "-' ~"~-~- ~ ~ 1,;;1. - itd 1iJ ,-~ ~(..I; i~ll~'_Lr-'1 "., . ,,:J_.M~~-~, 'r:..l~, ::~, ~ - ,__~ \'. \ "i i. L-r ~_,.- - ~~ ,~" i' l' I ....,...... '~ Rl .....,. . \'\. ,III dr'. 1'" ,,'"'11',1\1 "T..' . (.~. ,'1 pU: $;~'lr>' iLL. .---- < 1\\ \. I ~-' - ~ ; i:rl!!l' ,Q " I . ~ '1~r' \ "L...: OCI"~~. ITTll- r-' .1'11 I.... . ~. j ;......-t-. ~' ,\ I IffiTi1 rtrl . ~ U I", " 'I . '>11. I: r" ' , I'~ [ :J ' .' 1,1 '~...",', '... ~t \:PJ II 'We 1\.' 'i:l~i '!!i ::.1~ 'i ' . ~ ~. ..... ; [L....+.... ---- II." \.\ 1~"'\11~ .'-- Ir:1 1~"i':I'I'.!".' '~. 'I!i""~~ fff W..~. ,~". ., T _L-,/'pr .. \I: '1\ . . Ii- I PI' W F,il i:~ I I~~~ I ~~ - T \ I .- -1 .-J\.-1 L~ L \." 1 r ,1 \ , I L 111 \ ' . \ L.-l ,. 1 \ \; ., ~-d ,--1 -I r~ ) i \ C \' lr, Ie III -+ ~4 '. i.J ~.~: I ~ . \\ _~' . i;.... -..-..--. 'I. . .11 \. I,. . ' : i. I" . \ T 1 \ j I' -1 .1.1. \ '. -.,-. -I, ~ --. 4~\,~'1 Ii I \t~~L--- \ \' . =~~: l--~ , . , I, ,~'.--+TII-l--r+-' J.-.. -, i ~.iL [1 \:i, i '.m.J ~ I---~\.-_t\ =-.-1 :. 'E ' --:--- . . i -1]" !...l \ \ \ \ It. - -;--- >-= ~'\ . \i ~-, "; f' '. Jl.l..J' IT' i ~ ~ . "WI tt-:ili"~ ~-:-t -l'.-~ I.: j , \ TT I \ \ \ JIlJil. f'T ,T \ ~l IIiiiil [2] '( U. -..., .--...l" ~I , . "T' <.r..., - -; --,,, I' __ \ \ .' , \ ' .._~ ~-\~. .,L,L':;J~\ 1 ~' : ': \~ I . . E 1 J~I , '3 \ \ \ ffi~ L ~--~~ . I ,-'-n\1 r-.. jl' \ ~ I ~ (~ ~ f ' C==\~Il---' j ~ I, \ r:- \. L~~I~"iTJI ..' . !. 'T"," *~~RI-7-1 1f---U I r~~ Ir[p ";, ll~lIi. j~.:;.'"'.""';. ,1. " ,:'..J -#.ri g\~= · l;,' .~. · ~. ,2,.7T~ITr,'i,.,. ":'.,1 till, ~~1 t+r--~~'.'J \IF\,",' I~: ~ J ~- , -n. t: trr:U \~~i nr:TT I 11" : i _:-~ --;.. h'.1". - (f) \ '3, r ,I, '1'lIiill,\\lI\ )l1if, "I "--, I + _ 1" l : f- -+- -=].-.:..', \, ~ \ '_ I I' ,11. -t I. ~ -- -' f\ I, I, \ \ \ \ I, I, . I r ' I 'li\I'.~\\'\11 lii\\ril'\!'1 :,:\'\,,' '\\t~, ~ ': I \ r' 'IJ 1 =: - >- ~ - -----1 L rr-.- - - ;".' r~ r1\\\\,I\!.ffi.1 .,,',\\\d. . '., :.' ']' ,'+~ f.. I ,', ~ ~ tf....~- -1\'1"\ =~.fF""T!'"I'\\"'L I.'.L '";"'..!n.,~- \ " ~' ' ' "l:,,~"'i1 '" ,,0\11''1) ,II ;, . 1 'il I.. 1'T~', T~ : ~ ~- C!-:::':. , ~. -- , ~ Ii " I \"~ \, I i J'- ! I, I .,. L.,t,,.-J~ ; 42 t1 J ~ .. - .......iiii \ ~ ~'{" ~~T I, \ ~~F' I 'J 1w~ttl: ~ rrrIL..J; !!:~~i .,....,. _~~~ ~~ -r " I ~.. / \.\ ~ i \ \ \ 11.=1 H T L J ~i I I I l.... "",...- : _ .- u:;=t -r /' I ~ _ ,. ~\PU f'1'u L' ~C1':' "till:~\ft i tk:'} ';.. 1 ~I ,_ .-/ . . / .A. ;yI.1 , (' \ I i,\ t ~H~~': : ~ F..':l ( / .H--j, \1 'I ~ ' \E=f'il'\.. - -. 1/8 MILES,. _~l .il ~ ",.: T~~!\ ~ _ 1"\ \ \ \ II'" _ ~ ::.. ..~~~"" ~ in '~"'q'pL II -.0 .400. '800 FEET \ PU l~! : " G-3 " I' ! -. --. --"'1:i lONT \k-r-H . .: - , .-- L}l ~__HIi /r~lL- _~ __ __c--_- ~=~'~J'l-- -- _ -- i J, - ,..-- r ~ . J ! I .' r~-f I t- i -r.: In I L--1 +22,42 SET IR. 0.3' FENCE ON LINE WM c:S'c:S'o ~. ,...",.. . - l() C\l 73.8' .. ~ LOT 53 ~ C\j 0) 73.7' ll) "'" 'BRIEN, SUITER & O'BRIEN. INC. EXHIBIT "B" .....= <n 1-1 ~ f. s. w. 5TH AVE. 20' PA VING BENCH MARK TOP OF NAIL AND WASHER +22.18 :s: (1)1 J 4T.4'! 65.00' GATE ... It') C\l 30.7' FLOOR +24.32 ~ Ii: Q ~ :s ~ LOT 54 u ~ CONC. ~ .. ~ ~ ~ LOT 55 L.. SINGLE STORY ~ RESIDENCE 1206 13.3' FLOOR +23.90 ...~ ~ FLOOR +24.32 I CON. I I -I.. p- I CONC. ' ~I !:::~ I A \C PAD \ I ~cn I -PRO;;O~~:3----\ ~ t' ADDITION <fs.o~ . ;:: 6' EASEMENT..! ~ '- 65.00' NOT PLA TTED 5 ........ EXHIBIT "D" Conditions of Approval Project name: Gwendolyn Hanson residence File number: ZNCV 99-008 (rear setback for a rear building addition) Reference: Zoning Code Variance Aoolication dated June 2. 1999 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWRdim J:ISHRDATAIPLANNINGISHAREDlWPIPROJECTSIGWENDOL YN HANSONICOND. OF APPR 09-28 P&D.DOC '1 DEVELOPMr - T ORDER OF THE CITY COMMIS-')N OF THE CII Y OF BOYNTON BEACH, FLOR/L", PROJECT NAME: GWENDOLYN HANSON APPLICANT'S AGENT: Mark Hearn, USA Exteriors APPLICANT'S ADDRESS: 206 S.W. 5th Avenue DATE OF CITY COMMISSION PUBLIC HEARING: October 5,1999 TYPE OF RELIEF SOUGHT: Rear setback LOCATION OF PROPERTY: 206 S.W. 5th Avenue (Lot #54) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -2L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -2L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:ISHRDA TAIPlanninglSHAREDlWPIPROJECTSIGWENDOL YN HANSONIDEVELOPMENT ORDER-setback,doc <6 7.A.6 HAMPSHIRE GARDENS ZONING CODE VARIANCE DEPARTMENT OF DEVELOPMENT MEMORANDUM No. PZ 99-216 Staff Report for Planning and Development Board and City Commission Meeting Date: September 28, 1999 File No: ZNCV 99-009 (fence height) Location: 2400-2500 South Federal Highway Owner: Hampshire Gardens, Inc. Req uest: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4(J)(1), which limits the maximum height of a fence, hedge or wall placed within the building setback to four feet, to allow a one and a one-half (1 1/2) foot variance or a five and a half foot fence. BACKGROUND The subject property, located at 2400-2500 South Federal Highway is a 236-unit residential cooperative constructed in 1964 (See Exhibit "A" -location map). The property is currently zoned R-3, multi-family. The city approved a $5,000 Neighborhood Assistance Program grant to this community at its April 20th, 1999 Commission meeting for the purpose of constructing a fence along the front, or west side of the property (See Exhibit liB" - City Commission minutes). During the permitting process it was discovered that the desired fence exceeded the maximum height allowed (4 feet) per the City's Land Development Regulations (See Exhibit "C" - site plan). The applicant received a permit for the posts to be built at five and one-half feet without the height variance being required and the posts have been constructed. It was during the permitting for the actual fence that the discrepancy was identified and created the need for the variance. To allow for appropriate structural or decorative needs, the city has not applied the same height limitation to the posts as is applied to a fence or wall. Historically, the city has approved two other requests for a variance under similar circumstances. In 1993 the Board of Adjustment approved a request from Pine Point Villas at 3310 Loren Road for a variance to place a six foot fence within the front setback instead of the four foot fence allowed by the zoning code. In December of 1997, a variance was approved by the City Commission to allow a fence that exceeded the zoning requirement to allow a 4-foot fence on a 3-foot 6-inch wall at 685 NW 15th Place. Similar to the subject request, the general purpose of the comparable cases was to provide additional security that otherwise would not be achieved by a 4-foot fence. According to Chapter 2. Zoning, section 4(J)(1), the minimum height of a fence, hedge, or wall placed within the building setback is 4 feet. This request is to allow a one and one-half foot variance or a five and one- half foot fence. Since the code does not distinguish between the post members and the fence or wall sections, the subject variance request has been written to provide relief for both the elements of the fence/wall project. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: \ c.. EXHIBIT 'A' HAJ-~~Ai~~~~~CENS 11 I~ I' rT "r '. " i!ift. 1/ :.... /~ 1~[A' ,I I / f;;:,.~~c::..Jro. . il m ,I l: :~~l'i: ", ,', '..' '~'" ~ ~,~k.. ..' ':f,~~jl ~ F;t I 1\ \I :! .. .....,~ '1,: .:.", .,.. 7. ~- ~nl;l'l 1 I', J 11 .J ,.,""!'; ,~~' :;'..: . T __' f- ,... ',';1, ~ 11 . .:.f"~~ ':r, I i >- ." i<'!'i~'~ /J ;~.~ . >,:\," ti Ifl"~ {1c:r=r--:--'f;1 q::- 'r " /:f. ' f-f-- . r / ,:.;'...-.:.=.:.:.........~..', ~ .. :.. I.,,:' l~~. .. I i.l . , ~:' !' . ;1." '::1 ' ..I.. < -' '~ )-'{ i _ . ~.. ~ Ln-T1 i'.Jr -r ,~;r. I.: -r ,- I ~ ~ f: L1 . U-L..' '. I "I ," .,' +l, ~:I, ~-~. '.r._ .-' f i . ',",.l..-11 I i .,:i II te,' ':. .. ".: ,,! '/-1 ."- : 1_ __ i~:"~ ~ j ,:.fR., f.~rr;r:w-:.".) T .... '.L_.J..-;:<. I ,Tn ". ~i / l+nl' II: '-'1';"'" '~"",' "~kJ. "', i, - . --5 1'~IIO ~''-ITl ~,~r-r: i}e: l- =r l' -- L'!::~~.tir "~'~~4 i JiL.[;-~"" /"^ 'Lr ~1; i=- --1.-~ --;.. '- I -_-.\--"' . D~jfJ t~''''''~:''':;:, J I !~ m I ~ /=/ r t'-~ -: ;-~ .1' -- 1" r~lH8:;,~~L - r:;~..........4,' { , '~~ "::~ -e '" ': ;~,~ :.. I: " li~-:~ . .~. :.i;~-ITfimt!.:,'n~,''o... / 1 1l~;If, ~', i '!(~[Jl(~ - ~ ~~;/i~~ ~~~j I' ,/ ,', I '. !r~lt'~ ~ECJ~:;'; ! I', ~ / f":;- , I I 1..:lr ;".'--- 1\ .~ r~. '_~ c ~~ ~ i : t-TtHt~ ,dD~~lb; ~,p;, iL '~f)':' ~ 1iwf 3 , ~. ~=, '. I "1Y:Lth>!1f1/ if "'~ ..i'. ,,,,"j-- ~ cj .. '. \~ ! , I.~ r , ! I' '1 I I I I (f) :,'. . f. - r~ __ '1, . , ~ \ \-- - - / - I- [ I i r I I I, ~l.' --.L \iL t' ---L' ZF~-. ~k1+dr hT ~H! ;~--~/;::r~ .~' ~- r ~f j,~1r~-~: J- . - tB H1- "'t l ~,! r-'~::r-j . I ~---w'lr-~"'" ~ ~.. J II I, r-r--, r .i.t.. "i!.t'ri ~". f fQ..ll'r / ~ I :' : iff - I ,:.tt.I::tf~.~tCl~~ ~J f ---, ~ \ : r-+-~ ! J /.~t- ':7.t'~.~~-'U_ . .' ~ I .~ IT' . I L ! , .. Itr. ~;"..~ - ). ,,.. I 'J 3 I I I l' j--.1 l:f i Y:)~' --~-1 JJ -1 I 'O(.! . / ~ " 11 i~"/I";II~II~' ! .:' I .~. u'll-,_ --~81 '.0 1/S MILESI;/" I ~ r;.,A,A " R~: II" "'" - :' { .', "1 i1 -1'1111 II' . I . , II... -- .. , " ~ ~,l OJ ... -= .. . "! , <.J ~ "0400. 'SOO FEET - I :'~ J---r------:~ _H .~.~-: J lJ :.~ W. ' PJ...1/11NIN6 Pe.Pr. 0,/9 I ,: I _t"" I Tv-.4 M:, ; -II . ,- C:l" r1m~ I . - T I ,. i I;' l fl'." -. "'" "~j' !. I t '.'1 .,rel. \~.~".:!,; \;. '[ ,~..f,~ !ZJ.:' , ,I.! ~,:: . .~.f :rfj H.'~ " ',P ~"l '. ,. f II \'\ I , (I , \I MEETING MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA EXHIBIT "B" APRIL 20, 1999 Motion Vice Mayor Tillman moved for approval of Item C.2. Motion seconded by Commissioner Denahan. Motion unanimously carried. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: (jAo Approve the Neighborhood Partnership Program Application from the Hampshire Gardens Homeowners' Association for Phase I. (Total cost of . project is $21,400 - City of Boynton Beach contribution is $5,000.) . B. Approve the Neighborhood Partnership Program Application from the . Venetian Isle Neighborhood Association. (Total cost of project is $6,929.44 - City of Boynton Beach contribution is $3,500.) Interim City Manager Hawkins said there are two Neighborhood Partnership Program Applications for approval and asked Mr. Ackermann to update the Commission on the applications. Mr. Ackermann said that the Hampshire Gardens Homeowner's Association has an extensive plan for redoing the sides and the front of the property. The front of the property fronts Federal Highway. The project is broken down into two phases. They are asking the City to partnership the first phase, which would include aluminum fencing, beautification, and hedges at a cost of $21,400. Hampshire Gardens will be putting in the "sweat equity", as well as purchasing a great many of the materials and qualifies for the City to contribute the maximum of $5,000. Mr. Ackermann said the second project is a partnership program with Venetian Isle Neighborhood Association. They are proposing to replace old signage with new signage at the entrances to the property and the planting of trees and plants. , Mr. Ackermann said that a committee and technical review committee looked at both projects and they have been cleared. Mr. Ackermann noted the cost of this project is $6,929.44 and they are asking for $3,500 from the City, which they qualify for. Mr. 17 't- t.!l Z ~.~ =a: ~oC Ill. 0-1 o o '" ~ ~ ~ \.(J <> .... ..,. ~ ~ ~ ~ .... ~ ~ \~ 'J ~ .~ "" .... ~ rO l~ \J ~ ~ ~ U ~ ~ ~ ~ ~ ~ 'V ~~ ....~ l() ~ ,..:I ~ ~ ~ ~ 'X. .. ~ ..... ~)(. ..... ~ ...... If) EXHIBIT "C" (j) i I Z . 'i I ~ j W g ~ g 0 IX <( 19 w a: :c , (f) ~ 0- ! ~ <( I I =-= U Iol Q -- A.\{,Il83oL\{,Il '1\{J.s i'O;)\{8J;u ..I -_ Q3 ---; _ ::::J ==-:~-= - ~ - -==-: ----7 1:- I' · ., ., If i- - ;to - . -= I a.r.clOli -'" _~- ,,;; · .''''0'' ...0; -- 5 I =-= Ill: oC '" Iol tl >- oC ~ -- =- ,.-- ~XHIBIT "D" Hampsnire Gardens, Inc. 2500 S. Federal Highway Boynton Beach, FI. 33435 Statement of Special Conditions We feel that special conditions and circumstances exist because we are a multiple dwelling complex of Senior Citizens, with a large exposed area along Federal Highway. We are particularly concerned about our vulnerability to increased thefts and break-ins of both our homes and vehicles. We do not believe a 4'high fence is adequate in keeping "problems" out. We also have 51/2' tall columns already built along this property to accept the 5'high fence. These columns were approved & permitted by the City of Boynton Beach. Due to our large exposure along Federal Highway, we are unique when compared to our neighbors' homes and businesses. Therefore approval of the variance will not confer special privileges upon us when compared to other properties in our neighborhood. Both Colonial Club and Seagate Condo communities enjoy a fence that exceeds 5' in the form of hedge and walls, that separates the,n from Federal Highway. Due to previous meeting with the Neighborhood assistance program, where our project of a 5'high fence was discussed, reviewed by a selection committee consisting of city departments, and finally approved for a grant by the city commission, we had a 5' high custom aluminum fence built for this purpose. Obviously this presents a hardship on us because of our invested time and money in both the columns and fence, to at this time tear this out and replace it with a 4' system. The residents of this community are retired seniors, many of whom are on fixed incomes and to re-do this whole project would put a large strain on the finances of all of us. We wish to protect our property and limit the access to outside elements to freely trespass on our grounds, as other condo communities nearby are able to do. The installation of a 5' fence better serves our needs to safely protect our residents. Since this is an "open' fence it does not obstruct the view to motorists and is very "eye appealing" to any passerby. In the same manner the 5' height makes it more difficult for anyone to climb or hurdle over. Co EXHIBIT "E" Conditions of Approval Project name: Hampshire Gardens File number: ZNCV 99-009 (fence height) Reference' Zoning: Code Variance dated Julv 6 1999 . I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. J:\SHRDATA\PLANNINGlSHAREDlWP\PROJECTSIHAMPSHIRE GARDENS\CONDITIONS OF APPROVAL.DOC\ f\ DEVELOPMEN' -)RDER OF THE CITY COMMISSlr-- ~ OF THE c/n OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hampshire Gardens APPLICANT'S AGENT: N/A APPLICANT'S ADDRESS: 2400-2500 South Federal Hwy. DATE OF CITY COMMISSION PUBLIC HEARING: October 5,1999 TYPE OF RELIEF SOUGHT: Variance for maximum height of a fence along front property line. LOCATION OF PROPERTY: 2400- 2500 South Federal Hwy. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant lHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5_ This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDA TAIPlanningISHAREDlWP\PROJECTS\HAMPSHIRE GARDENSIDEVELOPMENT ORDER doc '6 ~!OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Gwendolyn Hanson Request: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 13 foot variance or a 12 foot setback. Location: 206 S.W. 5th Avenue Legal: Lot 54, Mango Heights, according to the Plat thereof as recorded in Plat Book 30, Page 55 of the Public Records of Palm Beach County, FL A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday September 28, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST 16 September ~, 1999 ::: :::n \ F. ..NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Gwendolyn Hanson Request: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 13 foot variance or a 12 foot setback. Location: 206 S.W. 5th Avenue Legal: Lot 54, Mango Heights, according to the Plat thereof as recorded in Plat Book 30, Page 55 of the Public Records of Palm Beach County, FL A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday September 14, 1999, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PUBLISH: THE POST August 30, 1999 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 REQUEST FOR PUBLISHING LEGAL Nl .CES AND/OR LEGAL ADVERTIS. .JENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina PREPARED BY: Michael Rumpf DATE PREPARED: Auoust 18, 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Public Hearina Notice for (meetina September 14, 1999) Gwendolyn Hanson rear setback variance. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property (postmarked no later than August 30. 1999), applicant and Director of Plannina and Zonina NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: Auaust 30, 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: August 18.1999 APPROVED BY: (1 ) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: s:\projects\Patrick~egal OEPARTMENT OF DEVELOPMENT-- . ~MORANDUM NO. PZ 99-17; TO: Sue Kruse City Clerk FROM: Michael W. Rumpf Director of Planning and Zoning DATE: August 18, 1999 SUBJECT: Gwendolyn Hanson Zoning Code Variance 99-008 (rear setback) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the September 14, 1999 Planning and Development Board meeting. MWR:jma Attachments EXHIBIT "B" ......: V) 1-1 ~ -: ~ vii --1 +22.42 f. s. W. 5TH AVE. 20' PA VING 41.4 .~ 10: t\l: 65.00' GATE SET I.R. ;.. .... ICi ~ C\I ~ Ci: Q 13.8' ~ 30.1' :s ~ FLOOR +24.32 ~ $! 0 .. ~ CONGo .. ~ (.) ~ LOT 53 ~ ;.. LOT 54 13.3' ~ LOT 55 ~ c\j ~ .... FLOOR 0) SINGLE STORY +23.90. 0) RESIDENCE 12D6 Ol ""i t\l FLOOR +24.32 13.7' It) ....: . b I CON. I I . I ).. I CONGo ~I t:::~ I A\G PAD ~ l\1 ~cn I 26' :;) -------- --- PROPOSED ~ ADDITION d'd'~.. :::: 6' EASEMENT-' 65.00' NOT PLA TTED } O'BRIEN, SUITER & O'BRIEN, INC. EXHIBIT "C' July 7, 1999 Answers to questions requesting variance: A. The homeowner needs assistance , therefore, the added space will help accommodate her needs. B. The circumstances requesting the variance does not result from any actions of the applicant. c. The granting of the variance will help improve the quality of life for the homeowner only. D. Granting of the variance will not infringe on any rights commonly enjoyed by other properties. E. The requested footage in the variance will accommodate the applicant and her needs. F. The requested variance will not be injurious or detrimental to the area or public in any way, but will enhance the property EXHIBIT "D" Conditions of Approval Project name: Gwendolyn Hanson residence File number: ZNCV 99-008 (rear setback for a rear building addition) Reference' Zoning Code Variance Aoolication dated June 2 1999 , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: Screen rear addition with either a wooden fence or with a native landscape barrier. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWRdim S:IPLANNINGISHAREDIWPIPROJECTSIGWENDOLYN HANSONICOND. OF APPR 08-14 P&D.DOC DEVLLOPMENT SERVICES DEPARTME:rt4T PLANNING AND ZONING DIVISION MEMORANDUM #99-207 Staff Report Planning and Development Board and City Commission Meeting Date: September 14, 1999 File No: ZNCV 99-008 Rear setback from property line Location: 206 SW 5th Avenue Owner: Gwendolyn G Hanson Project: Addition to existing single-family house Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a., to allow a twelve (12) foot reduction from the minimum twenty five (25) foot rear setback required for R-1-A residential zoning district. BACKGROUND The nearby neighborhood where the subject property is located is currently zoned R-1 '-A, residential single-family, and it is almost 100 per cent build out. The existing single-family building on the subject property is currently a legal nonconforming unit, as per current Land Development Regulations Chapter 2, Zoning, Section 5.D.2.a., that requires a minimum of 7500 square feet for R-1-A zoned lot (see Exhibit "A"-Iocation map). Land Development regulations Chapter 2, Zoning, Section 11.1.,C.1.b., allow building a single- family dwelling unit on a R-1-A nonconforming lot, with a minimum of 5000 square feet. Existing lot acreage is 6008 square feet (see Exhibit "B" - survey). This subject property is within the Mango Heights subdivision approved in 1973, and consisting of 55 lots with similar dimensions. The street segment of S.W. 5th Avenue where the subject property is located, consists of single- family homes built on nonconforming lots; the rear of all of said lots are facing a rather larger property developed as a church to the south. Page 2 Gwendolyn Hanson File No. ZNCV 99-008 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff has conducted this analysis focusing in item "e" above, which requires that the request represents the minimum possible deviation from City regulations. Indeed, based on the city's approval of the Mango Heights subdivision, the city has acknowledged the potential for creating certain hardships and non-conformities on these lots along S.W 5th Avenue, specifically, minimum rear setback. With respect to this request impacting the vicinity negatively, it is noteworthy to indicate that indeed this would not be the only house with a rear addition. Staff viewed nearby residences and it was found that one of the houses on the same street segment features an existing addition to the rear of the main building, encroaching the minimum building setback. Staff was unable to verify current addition dimensions and setbacks.