AGENDA DOCUMENTS
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 18, 1999 (5:00 p.m.)
o September 21,1999
r8J October 5, 1999
o October 19, 1999
o November 2, 1999
September 8,1999 (5:00 p.m.)
0 July 20, 1999
0 August 3, 1999
0 August 17, 1999
0 September 7, 1999
July 7, 1999 (5:00 p.m.)
July 21, 1999 (5:00 p.m.)
September 22, 1999 (5:00 p.m.)
August 4, 1999 (5:00 p.m.)
October 6, 1999 (5:00 p.m.)
October 20, 1999 (5:00 p.m.)
NATURE OF
AGENDA ITEM
o Administrative
r8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
D
o
o
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. For further details pertaining to this request see attached Department of
Development Memorandum No PZ 99-206.
EXPLANATION:
PROJECT: KEVIN BALLARD
AGENT: Kevin Ballard
OWNER: Angie Ballard
LOCA TION: Northwest 4th A venue, approximately 200 feet west of Seacrest Boulevard
DESCRIPTION: Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 1 1. l.C.l.b., to
allow building a single-family residential home on a 4,344 square foot lot which is 656 square feet less
than the required minimum of 5,000 square feet.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Acting Director of Development
':]2 ~!~
0.-/ '
Director of Planni d Zoning
City Attorney / Finance / Human Resources
JlSHRDA T A IPLANNING\SHAREDlWPIPROJECTSIBALLARD KEVIN 99-0 I 0 & 99-011 \AGENDA ITEM REQUEST CC 10-5-99 LOT DOT
Meeting
Date:
File No:
Location:
Owner:
Agent:
Project:
Request:
Request:
DEVELOPMENT SERVICES DEPAR I...ENT
PLANNING AND ZONING DIVISION
MEMORANDUM #99-206
Staff Report for
Planning and Development Board
and
City Commission
September 28, 1999
ZNCV 99-011 Minimum lot size
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 UA" - 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).
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
File No. ZNCV 99-011
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 uC" contains the applicant's response to the above criteria.)
Staff has focused this analysis on the legal nonconformity of the lot and on items "b", uc", Ud", and lie" .
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.
RECOMMENDA liON
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".
MRlJA
Attachments
J:\SHROATA\Planning\SHAREOIWP\PROJECTSISALLARO KEVIN 99-010 & 99-011\ZON-VAR STAFF REP Iollizek.doc
c.
EXHIBIT "A'
LOCATION MAP.
KEVIN BALLARD RESIDENCE
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EXHIBIT "C"
-ii7-
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.
E ) f' ,"')
r Make existing usable lot to be usable.
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EXHIBIT "D"
Conditions of Approval
Project name: Kevin Ballard
File number: ZNCV 99-011 (minimum lot size)
Reference' ZoninlZ Code Variance Aoolication dated Julv 16 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
FORE S TER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
MWR:dim
J\SHRDATAIPLANNINGlSHAREDlWPIPROJECTS\BALLARD KEVIN 99-010 & 99.011ICOND. OF APPR CC 10.5.99 LOT SIZE.DOC
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
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.
Request:
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( CES AND/OR LEGAL ADVERTIS AENTS
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 Zoning
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 August 30. 1999), applicant and Director of Plannina and
Zonina
NEWSPAPER(S) TO PUBLISH:
The Post
DA TE(S) TO BE PUBLISHED: Auaust 30, 1999
APPROVED BY:
(1) -A_ C./ ~
(Originator) " .
5(,/;/ /7 f
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
s: IprojectslPatricklJegal
Meeting
Date:
File No:
Location:
Owner:
Agent:
Project:
Request:
Request:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #99-206
Staff Report for
Planning and Development Board
and
City Commission
September 28, 1999
ZNCV 99-011 Minimum lot size
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).
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
File No. ZNCV 99-011
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 "b", "c", "d", and lie"
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 "D".
MR/JA
Attachments
J:\SHRDATAIPlanning\SHAREDlWP\PROJECTSIBALLARD KEVIN 99-Q10 & 99-Q11\ZON-VAR STAFF REP lot sizek.doc
c.
EXHIBIT "A'
LOCATION MAP I
KEVIN BALLARD RESIDENCE
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EXHIBIT "C'I
~-
5. STATEMENT OF SPECIAL CONDITINS, HARDSHIPS OR REASONS
JUSTIFYING THE REQUESTED EXCEPTION VARIANCE.
a. R 1 A 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.
E' )f'-J
r Make existing usable lot to be usable.
(l n w I'f: r'\.
" ,I i! /!
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5
EXHIBIT "D"
Conditions of Approval
Project name: Kevin Ballard
File number: ZNCV 99-011 (minimum lot size)
Reference: Zoning Code Variance Aoolication dated Julv 16 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
FORESTERlENVIRONMENTALIST
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:\SHRDATAIPLANNINGISHAREDlWPIPROJECTS\BALLARD KEVIN 99.010 & 99-011ICOND. OF APPR 9-28 P&D LOT SIZE.DOC
G:>
OEVEI ')MENT ORDER OF THE CITY CC.~ISSION OF THE
CITY OF BOYNTON BEACH, FL~RIDA
PROJECT NAME: KEVIN BALLARD
APPLICANT'S AGENT: Kevin Ballard
APPLICANT'S ADDRESS: 241 NW 4th Ave
DATE OF CITY COMMISSION PUBLIC HEARING: October 5,1999
TYPE OF RELIEF SOUGHT: Minimum lot size
LOCATION OF PROPERTY: Northwest 4th Avenue, approximately 200 feet west of Seacrest
Boulevard
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
.1L 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
.1L 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:\SHRDATAIPlanningISHAREDlWP\PROJECTS\BALLARD KEVIN 99-010 & 99-D11IDEVELOPMENT ORDER-lot size.doc
'\
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #99-206
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
September 28, 1999
File No:
ZNCV 99-010 Rear setback from property line
ZNCV 99-011 Minimum lot size
Location:
NW 4th Avenue, 160' from Seacrest Avenue
(Lot #149, Boynton Hills subdivision)
Owner:
Angie Ballard
Agent:
Kevin Ballard
Project:
New single-family house
Variance
Requests:
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).
Page 2
Kevin Ballard
File No. ZNCV 99-010, 99-011
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.
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 "b", "c", "d",
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.
Page 3
Kevin Ballard
File No. ZNCV 99-010, 99-011
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".
S:IPlanningISHAREDlWP\PROJECTSIBALLARD KEVIN 99-010 & 99-011\ZON.VAR STAFF REP.doc
Dt;1I,-,-OPMENT SERVICES DEPARTMI:... r
PLANNING AND ZONING DIVISION
MEMORANDUM #99-206
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
September 14, 1999
File No:
ZNCV 99-010 Rear setback from property line
ZNCV 99-011 Minimum lot size
Location:
NW 4th Ave, 160' from Seacrest Avenue
Owner:
Angie Ballard
Agent:
Kevin Ballard
Project:
New single-family residential building
Variances
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 ten (10) foot
reduction from the minimum twenty five (25) foot rear setback.
Also, a 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 residential home on a sub-standard lot size.
BACKGROUND
The subject property, located on the south side of N.W. 3rd Avenue and about 200 feet west
from Seacrest Boulevard, is currently vacant and featuring the same dimensions as to when the
original plat of Boynton Hills was approved in 1925 (see Exhibit "A" - Location Map).
The Boynton Hills subdivision is zoned R-1-A, residential single-family zoning district, and
consists of many substandard lots by current regulations. A majority of the subdivision has been
already developed including a large portion of the original substandard lots.
Due to lot constraints it is practically impossible to build a single-family home 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 of twenty five (25) feet rear setback
(see Exhibit "B" - survey).
Page 2
Kevin Ballard
File No. ZNCV 99-010,99-011
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 focused this analysis on the legal nonconformity of the lot and on items "b", "C", lid",
and lie" above.
Indeed, this circumstance was essentially created when the plat was approved in 1925 and
according to the then existing regulations. Current Land Development Regulations in 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, the parcel has a minimum frontage of fifty (50) feet, and a lot area of not less
than five thousand (5000) square feet. By meeting the two first requirements, but with a total of
approximately 4343 square feet, the nonconforming situation of the property makes it almost
impossible to exercise the right to enjoy its intended use, which is to build a reasonable
residence, unless the requested variances are approved.
Staff believes that a literal interpretation of city codes would deprive the applicant of the rights
already enjoyed by other citizens, as demonstrated by the fact that other substandard lots in the
same street have been already developed. A viewing of the area by staff showed that some of
the single-family buildings are nonconforming by building size orland setbacks.
Page 3
Kevin Ballard
File No. ZNCV 99-010, 99-011
RECOMMENDATION
Staff recommends that the requests for relief from Chapter 2, Zoning, Section 5.D.2.a., to allow
a 15 foot rear setback variance, and from Chapter 2, Zoning, Section 11.1 ,C.1.b., to allow
building a single-family dwelling on a approximately 4343 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 "D".
S:\Planning\SHARED\WP\PROJECTS\BALLARD KEVIN 99-010 & 99-011\ZON-VAR STAFF REP.doc
EXHIBIT "D"
Conditions of Approval
Project name: Kevin Ballard
File number: ZNCV 99-010 (rear setback)
ZNCV 99-011 (minimum lot size)
Reference: Zoninl! Code Variance Aoolication dated Julv 16. 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: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
MWRdim
S:\PLANNINGISHAREDlWP\PROJECTS\BALLARD KEVIN 99-010 & 99-011\COND. OF APPR 7-16 P&D.DOC