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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 ~- -~f'!/;' t"!'; ,---ROc: -:=lL=: ~ p~.'.r-=- -:-..~... __ Wt~. o'_~~~~'. 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R -\~. ii:t~ '---i ld..--J ~g' \\I~:B'-4E,\'D "I'lill, I;";~ . ~ -- ~- III, \1 h'" It-' I, ~I I '::'1""" .~ ~ P (/ '" \ --- :- L:. ,\ \ I k~-: r---."k,j I, ,~_.:J ~Ti>.:' -~ ',0, 1/8 MILES, ~ --:: BENCH MARK: TOP OF NAil. ~ WASHER +20.58 0.6' _7/1., N~1!JJ.. . +214 SET 5/8- RON ROD 'IirTH CAP ILB353 . +20.70 ~ 0.1" p' -1t.. a~ ... ~.. ~~ " ~~ t'li .\ J..-u I~ 03 ~~ -..J(O ~it lo,; . SET 5/S" RON ROD WITH CAP ILSJ5J .. \'l- . \r' , \ ... ~ "A~ " 'f1",f} +22. +218- @ COPYRIGHT 1997 O'SREN. SUITfR It O'BRIEN. INC. '-\- \. , \r ft. 'y.c,... ,.... .-. .. .. 50.34 ' LOT 143 BL OCK A EXHIBI~-'Bh seT HAL ~ DISK ILB35J 25'IIORTH (WITNESS CORNER) +19.8 TRCE ON CORNER -. ... .. . ~ N. W. 4 TH ~ VE, +20~S~ - 26' PA VIIG : '-::-'''2ZJ.n'-Lro--.-- Q wi ~ '.. +20.1 . "'~ ~.<P ~\. (Jl I ., L I It" I~ I~ I~ ~it lo,; AfICHOR ~,J{4- (NO MJIIBOl) oo~ ... ~~ J..-U 03 -.l(O +2(M 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. f1 n w "/ '-.... . .. "" ,. ......., 5 t~, 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 "~.' I!~; '..Ii r-R -c:::: ,. r'r----g"" II~~-~', .1, . :03 I ~, ;I~! I _ .: ''4~.n +-+---+~, l_ : Y.~,.J .1 t:I _ ..' .-.:. ,. ' J l. I I I -.. j -__" - , i ~ 'f-~'-'-'---' --' . . .......... r IT1A ~ ..'" ~ '. 1 11;1 .~ 'it ~- . 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'800 FEET I'L.ANNIN6 '~_L_ ~ _~~.~-~~ -' ..;-, 1 ; EXHIBIT-J~'Bh ....- SET NAIL ~ DISK IL83S3 2S'f{oRTH (WITNESS CORNER) +19.8 TREE ON CORNER +20-:58 f:.-.l:f~. 4 TH AVE. 26' PA VWG : '.=:-.~D.n)-LJ')---.._- Q ~ ~ +22. , -. .. .... .' +20.7 '.. . ~" q;<fJ .... ~ \. @ ! ...... \, . O.r . . . .' t- ~:~ . ~ 1 ~~ ;~ ~~ ~~ lo; co~ .- ~~ 1-(,) 03 -.JCl:J .".. .~~.. a~ ~~ 1-(,) a3 -.JCl:J l,.,l ~~ ~c,. a::~ ~~ ..-;0 ~~ S( lo.i \ .~ ,I~ '\or' " I, - \ ,.. ~ . , A:> .(\ " " '. p +21.8 , I Gi '.~k j,~ }.. ~ SET 5/8. IRON ROO WITH CAP ILB3S3 50.34 ' LOT 143 BL OCK A , . @ COPYRIGHT 7997 O'BRIEN, SUITER 4& O'SREN, INC. '-\- 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! /! -/ "'-"-, . ~ .~; .'...., 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