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LEGAL APPROVAL MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 6, 1999 3. Proposed Resolution No. R99-46 Re: Maintaining ten percent (10%) of the General Fund to be held in an undesignated account available only in case of City emergency 4. Proposed Resolution No. R99-47 Re: Approving the reduction of surety for Boynton Shoppes, Inc. from $87,650 down to $4,400 5. Proposed Resolution No. R99-48 Re: Authorizing a release of cash surety to Meadowland Development in the amount of $9,500 for the project known as Gateway Palms D. Ratification of Planning & Development Board Action: 1. Stor-AII (Kilday & Associates, Inc.) - Southeast corner of Old Boynton Road and Knuth Road - Request approval for a parking lot variance to allow a 77'-3" reduction from the required minimum driveway distance from an intersection of 180' to 102'-9" 2. Lake Eden Place - South Lake Drive (Lot 14; Block 1) - Request approval for a zoning code variance to obtain relief from the. maximum height restriction of 25' for the R-l-AAB zoning district to allow construction of a single-family home at a height of 32112' E. Authorize Palm Beach County Environmental Department and Boynton Beach Fire Department to perform a prescribed fire on the Rosemary Scrub Natural Area F. . Approve transfer of $18,000 from Contingency account to Information Technology Services FY 1998-99 budget to create an Administrative Assistant position ($28,171 - $35,000) G. Approve payment of invoice for annual software technical support and maintenance from H.T.E. Inc. of Lake Mary, Rorida, in the amount of $85,435 Motion Commissioner Denahan moved to approve the Consent Agenda. Vice Mayor Tillman seconded the motion that carried unanimously. v. CITY MANAGER'S REPORT: Interim City Manager Hawkins reported the following: ~ The Senior Center renovations are moving forward and construction began on the interior of the building. It is anticipated that the project will be completed within 60 days. 9 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-006 TO: FROM: Sue Kruse City Clerk ~-iC- Michael W. Rumpf Acting Manager of Planning and Zoning DATE: January 14, 1999 SUBJECT: Deanna Patrick - building height File No. ZNCV 99-001 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the February 9, 1999 Planning and Development Board meeting. MWR:bme Attachments s:\projects\Patrick\legal REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS 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: Plannino and Zonino PREPARED BY: Michael Rumof DATE PREPARED: January 13. 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Develooment Board Public Hearino Notice for (meetino February 2. 1999): Deanna Patrick SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All orooertv Owners within 400 feet of orooertv (oostmarked no later than Julv 25. 1999). aoplicant and Manaoer of Plan nino and Zonino NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: January 25. 1999 LAST DATE TO FAX TO NEWSPAPER BY 3:00 P.M.: January 22. 1999 APPROVED BY: (1) ~L'-7~ (Originator) / to/,Y (Da(e) I (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: s:\projects\Patrick\legal NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has 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: Deanna Patrick Requested Variance: Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.B.2a. to allow an increase in the height of a proposed single family home to 32 1/2 feet from the maximum of 25 feet Location: S. Lake Drive Legal Description: LOT 14, BLOCK 1, LAKE EDEN SUBDIVISION PLAT NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29, PAGE 53 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Use: Single-family home A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday February 9, 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 January 25, 1999 s:\projects\patrick legal DEVELOPMr--'T ORDER OF THE CITY COMMI~ :>N OF THE C.IY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Eden Place APPLICANT'S AGENT: Deanna Patrick APPLICANT'S ADDRESS: 3125 Oakland Shores Drive, Fort Lauderdale, Florida 33309 DATE OF HEARING BEFORE CITY COMMISSION: February 16, 1999 TYPE OF RELIEF SOUGHT: Zoning Code Variance (height exception) LOCATION OF PROPERTY: S. Lake Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission ofthe 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 X 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 .lL 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 .lL 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:ISHRDATAIPlanningISHAREDlWPIPROJECTSllake Eden PI- Patrick, DeannaIDevelop.Order.doc q