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AGENDA DOCUMENTS Meeting Date: File No: Location: Owner: Agent: Project: Request: Request: LJEVELOPMENT SERVICES DEPAKTMENT PLANNING AND ZONING DIVISION MEMORANDUM #99-206 Staff Report for Planning and Development Board and City Commission September 28, 1999 ZNCV 99-010 Rear setback from property line NW 4th Avenue, 160' from Seacrest Avenue (Lot #149, Boynton Hills subdivision) Angie Ballard Kevin Ballard New 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 ten (10) foot reduction from the minimum twenty five (25) foot rear setback. Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1,C.b., to allow building a single-family home on a sub- standard lot. BACKGROUND The subject property, located on the south side of N.W. 3rd Avenue and about 200 feet west of Seacrest Boulevard, is currently vacant and remains as originally platted in 1925 (see Exhibit "A" - Location Map). The Boynton Hills subdivision is zoned R-1-A, Residential Single-Family, and consists of many substandard lots by current regulations. The majority of the subdivision has been developed including a large portion of the original substandard lots. Due to lot constraints, it is practically impossible to build a single-family home, which meets minimum size requirements, within current code requirements. Staff viewed nearby homes and estimates that both lot size and setbacks for other houses within this area are not in compliance with the minimum land development regulations. In order to build a single-family house, relief must be sought and granted to allow the building on a smaller lot and to exceed the minimum rear set back of twenty-five (25) feet (see Exhibit "B" - survey). ANAL YSIS 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 File No. ZNCV 99-010 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 focused this analysis on the legal nonconformity of the lot and on items lib", lie", lid", and "e" above. Indeed, this circumstance is a result of being platted in 1925 according to less stringent standards than currently in effect. Current Land Development Regulations, namely Chapter 2, Zoning, Section 11.1 ,C.1.b, Nonconforming uses and structures, states that a detached single-family dwelling may be constructed on a lot zoned R-1-A if the property contains at least one whole platted lot, a minimum frontage of fifty (50) feet, and a lot area of not less than five-thousand (5000) square feet. Despite meeting the two first requirements, lot size remains deficient by 656 square feet and is therefore nonconforming and undevelopable without approval of the requested variances. It should be noted that both adjacent lots are developed and therefore unavailable for assemblage with the subject lot to increase it to the minimum size. Staff believes that full interpretation of current city codes would deprive the applicant of the rights already enjoyed by other citizens, as demonstrated by the fact that other substandard lots along the same street have been developed. Several single-family homes are nonconforming by building size and/or setbacks. RECOMMENDATION Staff recommends that the requests for relief from Chapter 2, Zoning, Section 5. D.2.a., to allow a 10 foot rear setback variance, and from Chapter 2, Zoning, Section 11.1,C.1.b., to allow a single-family dwelling on approximately a 4,343 square feet lot be approved. Staff has not recommended any conditions of approval; however, If conditions of approval are added by the Board and City Commission, said conditions shall be listed in Exhibit liD". MR/JA Attachments J:\SHRDATA\Planning\SHARED\WP\PROJECTS\BALLARD KEVIN 99-010 & 99-011\ZON-VAR STAFF REP setback,doc c EXHIBIT "AI , .~ ~ . 3 r ~~ r --I '. .' .~.. J . . ,-t;tt'!- :.. ,:-. :.-:-- E \11:"" ': c \.,/ . . I:' \ , ! ~ -, , j I ~ p. -~. U --1 - , J ~ .... :r== o 1/8 o 0111111 I '0 400. '800 FEET !'LANN IN .~,. .1.' :~'d':fmL.., ". EXHIBIT "B" BeNCH "'ARK: TOP OF NAIL ~ WASHeR +20.58 +20"];8 ~~. 4 TH AVE. 26' PA VWG ~Z)-ntJ.J') ----.---- Q tti C't seT NAIL ~ DISK ILBJ5J 25't/oRTH (WITNESS CORNER) +19.8 TReE ON CORNER Q tti , -. ... . +20.7 ,. , '.. . ~., ~rP ,~ ~ \.. ~ ! '....\.. . ~ o.r .- . .. . ~.. a~ !.A.I -~~.. ~~ 1 ~~ I. 1--(..) ~c.,. I a::'" a3 ~~ -..Jcn ~ii ~ " A, .. '("'. flr) (,Q ~flr) CO ~~ ~~ ~~ ~ii l.t.i tel ~ ," ~~ 1--(..) 03 -..JCQ , . . -.: :: ~ i - ~, 1 ... lO .~ oi ~ ,CO ~t If'a~1 .. ,I" .~.. '. ~ ... ~ " ~.. -~, v.1> +22. +218- , I m "~k j,~ }.. ~ poLE +20.4 seT 5/8- RON ROD WITH CAP ILB35J 50.34' LOT 143 BL OCK A 1JJCHOR ~"t(4. (NO NUII8€R) . " @ COPYRICHT 7997 O'BRIEN, SUITER 4& O'BRIEN, INC. EXHIBIT "C" 5. STATEMENT OF SPECIAL CONDITINS, HARDSHIPS OR REASONS JUSTIFYING THE REQUESTED EXCEPTION VARIANCE. a. RIA Zone requires a minimum of 5,000 square feet, said lot is approximately 4,343 square feet. b. That is the way lot was plated before existing set back. c. Only getting same privilege as to adjacent property. d. Adequate housing square feet would not be possible because lot length of 83.63 + 89.51. Dept respected front and rear set back cannot be met with normal set backs . leaving house 35 X 33. 1: ) f'-') 1f Make existing usable lot to be usable. m f1&[ffOW v,~;,'\} FF /~.'l' , II. { ;' (! / '@) - '....; ""'I ~;.-:';j 5 EXHIBIT "D" Conditions of Approval Project name: Kevin Ballard File number: ZNCV 99-010 (rear setback) Reference: Zoning Code Variance ADDlication dated Julv 16 1999 . I DEP AR TMENTS 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. MWR:dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\BALLARD KEVIN 99-010 & 99-011\COND, OF APPR 9-28 P&D SETBACK DOC ~ -REQUEST FOR PUBLISHING LEGAL N(; . ~CES AND/OR LEGAL ADVERTISL....tIIENTS 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: July 20. 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Planning and Development Board Public Hearina Notice for (meeting September 14. 1999) Kevin Ballard zonina variance reauests for rear setback and minimum lot area. 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 Planning and Zonina NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: Auaust 30. 1999 APPROVED BY: (1) -~u. ~ (Originator) (2) ~ ~~ (City Attorney) fl//lf (Date) 'tll~ /99 (Date) RECEIVED BY CITY CLERK: e/cA!>/9? . COMPLETED: s:\projectsIPatrick\legal MOTICE 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: Kevin Ballard Request: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet to allow for a variance of 10 feet or a 15 foot rear setback. Req uest: Relief from Chapter 2 zoning, section 11.1 (C)(1)(b) requiring a minimum lot area of 5,000 square feet to allow a variance of 657 square feet or a 4,343 square foot lot. Location: South side of N.W. 4th Avenue, approximately 160 feet west of Seacrest Boulevard. Legal: Lot 149, block A, Boynton Hills, according to the plat thereof, as recorded in plat book 4, page 51 of the public records of Palm Beach County. A PUBLIC HEARING before the Planning and Development Board will be held relative to the above applications 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 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: Kevin Ballard Req uest: Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet to allow for a variance of 10 feet or a 15 foot rear setback. Req uest: Relief from Chapter 2 zoning, section 11.1 (C)(1)(b) requiring a minimum lot area of 5,000 square feet to allow a variance of 657 square feet or a 4,343 square foot lot. Location: South side of N.W. 4th Avenue, approximately 160 feet west of Seacrest Boulevard. Legal: Lot 149, block A, Boynton Hills, according to the plat thereof, as recorded in plat book 4, page 51 of the public records of Palm Beach County. A PUBLIC HEARING before the Planning and Development Board will be held relative to the above applications 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 N 'ICES AND/OR LEGAL ADVERTI, ,V1ENTS 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: Julv 20, 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Public Hearina Notice for (meetina September 14, 1999) Kevin Ballard zonina variance reauests for rear setback and minimum lot area. 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 Plannina and Zonina NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: August 30, 1999 APPROVED BY: (1) -A_ C/ t:~ (Originator) " f///7f (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: s:\projectsIPatrickllegal DEPARTMENT OF DEVELOPMENT _ r :MORANDUM NO. PZ 99-18!. TO: Sue Kruse City Clerk Michael W. Rump7~e:.- Director of Planning and Zoning FROM: DA TE: August 18, 1999 SUBJECT: Kevin Ballard Zoning Code Variance 99-010 (rear setback) & 99-011 (Minimum lot area) The legal advertisement for these requests 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 :6064,1 -WILL CA.L\..) :4t'25 . ' Thla "'lIIIU~t preparad by and Altum to: ,John W. smith. Eaq. BOCA n'n..J! INC. 2010 N. FEDERAL HIGHWAY BOCA RATON, FLORIDA 33431 Gran_ as. No.: NIIm.: ANGLE G. BALLARD rEC-Q6-1996 3:11pm 96-427672 ORB 9560 P9 1. 4- -__'___11__- Con 2,500.00 Doc 17.50 DOROTHY H. WILKEN, CLERK PB COUNTY, FL Parcel I.D. No.: 08-<13 45-21-Q7.()()1-14i1O WARRANTY DEED Thla Indentur. made thlll 27th dllY of November, 1886 BETWEEN RICHARD B, HOLMES. grantor., who_ pO.I olflCe .dd.... III 716 BROADWAY, LANTANA. FLORIDA. and/MMCLEi' KIJfJAI...J..AIFtD. grant_.. whO" post olllce a~.. III: ANGIE G. BALLARD 102 N.E. 13TH AVENUE, BOYNTON BEACH, FL 33435 WITNESSETH. That slIld Grantor, tor and ... oonslderatlOn 01 the sum 01 TEN AND 001100'8 ($10.00} Dollar. and other good .nd v.luable con.lderatlon. to said grantor In hand p.1d by said gr.n.... Iha receipt whereof Is hereby acknowledged. has granted, bargained and sold to the grant_ and granl_'s hairs and asaigna fOrever the following described land Bltuate. lying and being In PALM BEACH County, Florida. to-wtl: LOT 148, BLOCK A, BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. RECORDED IN PLAT BOOK 4, PAGE 61. THIS PRoPERTY IS NOT THE HOMESTEAD OF THE GRANTOR. THE GRANTOR RESIDES AT 716 BROADWAY. LANTAN.... FLORIDA. and saki grantor does hereby fully _I the title to said land, and wll defend the same agalmlt the lawful olalms of all person. whom.o_. Sulli_t to .-b1otiClna. _tlona. _aam&nts and Iknlatlons of reoord, It any. provided that thl. .hall not serve to .....-npoae llame, ZIClIllng Ofdlna_. and _ for file current year and subsequ....t If'NII''. ..G..ntor. and 'g.....-- are used for singular or plural, as conlm<t requires. IN WITNESS WHEREOF. Grantor hall ~to _ grantor's hand and .... the day .nd year first above written. c?ai:.:?Z4"=- Print name: ?A---ne,O ,Y'r AJi>'i:12 s,eJJ (jrv.J ~"'A~ t name: / ~ /1 J/!!o/ 'A'Y, .I9,sS "~OI-M~ /k2 STATE OF R.OAlOA COUNTY OF PALM BEACH I HEREBY CERTIFY that on thlll day the foregoing Instrument _. sworn ~ acknowledged before me. by RICHARD B. HOLMES, who 18 peraonally known to me or who has produoad......-rRFlorida drMIr8 Ilcenae. or I ) 01har: as ldantlllcatJon and who did talc. an o.th. wnN= ~ ........ --- .... ...... c"""" ~a:z N...m..... .AJ tary Public My Comrn..lon ExpiIM: Commission Number. 1996. OJ'F1 1.... NARY A 1>....TRIClA ANDE'ilSON No>1'M;'Y l'lJnLtC STATI. OF FL:ORIDA COMMI!5SION NO. CC30957C X . AUG. 18.1....-' 6 -- Z9/.s;- I certify this document to be a true copy of the record in my office this TWENTIETH day of JULY, 1999 W KEN, Cl of ourt, P~m Beach County, FL '" \ Deputy Clerk -...-,...........""..\1', . l,;---~O'f;filClRCtqJ' ~\ f ~\ ~ ~} ;'!. II! ; "'~ ~.: '. tif'. '.f<>"'lOi .- '.,\~",.............-..-- DOROTHY H. By