AGENDA DOCUMENTS
Meeting
Date:
File No:
Location:
Owner:
Agent:
Project:
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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
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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.
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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
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DOROTHY H.
By