REVIEW COMMENTS
DE"~_OPMENT SERVICES DEPARTME:.... r
PLANNING AND ZONING DIVISION
MEMORANDUM #99-207
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Staff Report
Planning and Development Board
and
City Commission
Meeting
Date: se,tember 14, 1999;
File No:,'ZNCV 99-008 Rear setback from property fine f
Location: 206 SW 5th Avenue
Owner: Gwendolyn G HanSon
Project: Additfon to existing single-family h~
Variance
Request:
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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 twen~:JJye (25) foot rear setback required fer R-1-A
~rQgi.dA9tiel zoning district. (/ /';;-./ _ IA
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:1 y BACKGROUND
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The,fearby neighborhood wRere tAf) Btlbjc~t PI"O"~I~ :. luat... i6(8~. _..lit zoned R-1'-A,
(Q:eside tial single-famil .,.p4 ii alffio!t 100 per (,~lll b...i1~{...l.
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requires a minimum of 7500 square feet for R-1-A zoned 10r'{see Exhibit "A"-Iocation map).
Land Development regulations Chapt~ 2, Zoning, Section...11.1.,C.1.b., allo+t1ilJ:"!!j a 2in)ll~ . .
family dwelling unit on a R-1-Atf~~_II11i"g lo~an;mi~um of 5000 square feet9ExlstinQ'"7'<> r>'~~
lot acreage is 6008 square fe~uee Exhibit "B" - survey). Thti subject property is within the \
Mango Heights SUbdiVisio~prov~a1n 1973, and consistit-of 55 lots with similar dimensions.
The street se~m t of S.W. 5t venue where the subject pro~y is locat~~~n~i ~f
single- family h es . ; the rear of all of . lots are~ ather
larger property e loped as a ch to the south. +, ( ~
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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 ~onducted this analysis focusing in item "e" above, which requirp-p that the request f'0~~
represen}! the minimum possible deviation from City regulations. f/'l.a~!.d-,~ased on the city's caJ:Lce...
. ;:IrrroviJl of the Mange Ileights 3UbdhliSion,~. e c. ity has acknowledged the potential for creating -r..( (=-
certain hardships and non-conformities on t 'se lots along S.W 5th Avenue, specifically, 'Fr <:> ('~--r
minimum rear setback. p(o--f-f-..o l.o~
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With r-8&peG:t tn thi~ rFlq'lest im~8Gtil'!::l the VIcinity "agativ8Iy, it is Retcwerthy te;~~:~ ~~
il1rlererd tl:1is would not 1ge the er:Jly house VJith 8 rear aasitio" Staff .i.J...N....III~ar_. __ ~o::::LL-_S~
__and it was fgl::lnd that eRe of tbe hnll~P'3 on th& iiame street segm""nt fpatures an exi&tiFtg
))rtrtition tn the re~r nf the mai., b'lildir.lg, onoreasl:1ing th"" minimum bUild-i~~ 'ietb~Gk. Staff was
unable to verify ~t addition di.mensions and setback;. I' . -t1.-.. c /' /' <:::i=O /) ../:
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Page 3
Gwendolyn Hanson
File No. ZNCV 99-008
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..~Ir the property to the south, it ia ~esd i:lti'El parking lot for the church that is QccupyiR{!I tl:1e
majority sf tile let. A smaller portion of the lot is still undeveloped'iind covered by grass. J.R-
,or-der to minimize any visual impact from both r::JIrking and "reR areas, staff '\(,,~leJ re\.UIIIIIICI.d
-SOfC9Rino the IiIdditieFl 'Nith cilllcl 8 lvveeeJCFl fence 01 will. a Aative lansseape baR'ior.
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Staff has concluded that: ,
If) This request fo';-ear setback variance of 12 feet represents the minimum variance
2.. necessary to provide the applicant the opportunity for a better enjoyment of her property;
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I> In approving this request the neighborhood would not be negatively affected; this conclusion f........c C, ~
3 is supported in general by-*Re neigllborheeeJ 8S el=ls'.VR iA several letters of support signed
by neighbors, C4- h .,Q ,LJue.. ~ .-/i... ~ '-:~/. L' If f' / -t f 4
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0- <-v<e- ECOMMENDAtioN~ .-: 2.( (I..~ l.,..;Lc...r~ I^"'~--n.. '4 '-:~-h
Staff recommends that this request for relief from Chapter 2, Zoning, Section 5. D. 2.a., to h
allow a 12 foot rear setback variance be approved. .-dlso, etsff recommends ger-oening the ~":"""- <!!'7(b- "s:;
~dditic>n with either a 'MoodeR tence or \&lith :l mlti\'~ landcs('~r~ caFFier, as listes in tl:1e exhibit- 0L (( <1..Q"", <
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Meeting
Date:
File No:
Location:
Owner:
Project:
Variance
Request:
DEVEL.vPMENT SERVICES DEPARTME,... f
PLANNING AND ZONING DIVISION
MEMORANDUM #99-207
0) ,V
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,
RECOMMENDA liON
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
EXHIBIT "D"
Conditions of Approval
Project name: Gwendolyn Hanson residence
File number: ZNCV 99-008 (rear setback for a rear building addition)
Reference' Zonine: 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
0
FORESTER/ENVIRONMENT ALIST
Comments: None c,{
. "
PLANNING AND ZONING (.../
/---- --- ~
Commen~s: ~er. w..d.. feuee ~wit /.l
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
MWR:dim
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