AGENDA DOCUMENTS
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-1-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, Florida, 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
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 6,1999
>- The new microphone system has been installed in Commission Chambers.
Mr. Hawkins thanked Facilities Management for seefng this project through to
completion.
>- With regard to the MWBE approach, staff was directed to investigate how we
could implement a program in this City, A five-step action plan was devised
that includes:
1. Expand our database of listings to include minority and women
businesses by cooperating with the City of West Palm Beach, Palm Beach
County and The School Board of Palm Beach County.
2. Expand advertising in target market publications.
.3. Institute a telephonic bid system so that active bids can be accessed by
telephone. This will be a 24-hour system.
4. Post bids on the Internet site.
5. Expand o.ur identification to include subcontractors. ContrCictors would
have to identify their subcontractors.
Vice Mayor Tillman commended Mr. Hawkins for moving on this at such a rapid pace. He
believes this will open the City to more business participation.
Mr. Hawkins thanked Bill Atkins and the Purchasing staff for their work on this project.
>- The City of Boynton Beach had an opportunity to submit for awards from the
Palm Beach County branch of the National Safety Council. We were
successful in achieving two awards; one for workplace safety and the other
for vehicle safety. This is the second year the City of Boynton Beach was
awarded safety awards from the National Safety Council, Palm Beach County
Chapter. This is a very competitive and quantitative process.
Chuck Magazine, Risk Manager, said the City of Boynton Beach was able to reduce vehicle
accidents from the period 1997/98 by 40% and reportable incidents to OSHA by 60% over the
same period of time. These awards are won by the Safety Coordinators and all of the
employees who have worked hard to maintain a safe environment for everyone.
Mr. Hawkins congratulated all of the employees and thanked them for achieving this success.
VI. PUBUC AUDIENCE:
Steve Waldman, 41 Sausalito Drive, is a member of the Advisory Board on Children &
Youth. He invited everyone to attend a charity basketball game between Ms. Young's class at
Congress Middle School and the Boynton Beach Police Department that will be held on April 23rd
at 7:00 p.m, Proceeds will go to the "Make a Wish" Foundation. He further announced that the
10
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
March 26, 1999 (noon)
Requested City Commission
Meeting Dates
o May 18, 1999
o June 1, 1999
o June 15, 1999
o July 6, 1999
Date Final Form Must be Turned
in to City Clerk's Office
May 7, 1999 (noon)
Requested City Commission
Meeting Dates
o March 16, 1999
IZI April 6, 1999
o April 20, 1999
o May 4,1999
Date Final Form Must be Turned
in to City Clerk's Office
March 5, 1999 (noon)
May 21, 1999 (noon)
April 9,1999 (noon)
June 4, 1999 (noon)
April 23, 1999 (noon)
June 25, 1999 (noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
IZI Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place the request below on the April 6, 1999 City Commission meeting agenda under
Public Hearing. The Planning and Development Board, with a 7-0 vote, recommended that this request be denied based on
the fmding that the traditional hardship criteria have not been satisfied. For further information on this request, please see the
attached Development Department Memorandum No. PZ 99-069. Please also note that if the Commission approves this
request, staff recommends that the approval be subject to the conditions listed in Exhibit "D", which attempt to minimize the
potential impacts upon properties immediately abutting the subject property.
EXPLANATION:
PROJECT: Lake Eden Place
AGENT/
OWNER:
LOCATION:
DESCRIPTION:
Deanna Patrick
South Lake Drive (Lot 14, Block I)
Request approval for a zoning code variance to obtain relief from the maximum height restriction of 25
feet for the R-l-AAB zoning district to allow construction of a single family home at a height of 32 Y2 feet.
PROGRAM IMP ACT: N/ A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
City Manager's Signature
Department of Development Director's Signature
7z, /~ ~
, Planning and Zoning Director
City Attorney / Finance / Human Resources
J:ISHROATAIPlanningISHAREDIWP\PROJECTS\Lake Eden PI- Patrick, DeannalAGENDA ITEM REQUEST 4-6-99.doc
~
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-069
From:
Chairman and Members
Planning and Development Board
(//(../fZ--
Michael W. Rumpf
Acting Planning and Zoning Manager
To:
Date:
March 12, 1999
Project
Name:
Lake Eden Place
Deanna Patrick
ZNCV 99-001 (building height)
Variance
Request:
Request for variance from the City of Boynton Beach Land Development' Regulations,
Chapter 2, Section 5.C.2 - Building and site regulations to allow an increase in the
height of a proposed single family home to 32 and one-half (1/2) feet from the
maximum of 25 feet allowed.
BACKGROUND
The subject property is an undeveloped lot (lot 14), located within the Lake Eden Place subdivision.
The applicant is intending to erect a single family home on the lot. This is the only vacant lot on the
street. The submitted elevation sketch of the front of the house shows the highest point of the
structure to be 32 1/2 feet in height (see Exhibit "A" - Location Map, Exhibit liB -Front Elevation). The
zoning designation of the subject parcel is R1-AAB (single-family residential).
The following is a description of the zoning districts and land uses of the properties that surround the
subject request:
North -
single family residence, zoned R 1-AAB
South -
single family residence, zoned R1-AAB
East -
Lake Worth Drainage District (LWOO) canal.
West -
Lake Drive Extension right-of-way, and single family residences,
zoned R1-AAB.
The code states that zoning code variances cannot 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.
I
,-
Page 2
Memorandum No. 99-069
Lake Eden Place ZNCV 99-001
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same ~oning 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.
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2 -
Building and Site regulations requires that the maximum structure height in the "R-1AAB" - single
family zoning district not exceed two stories, or 25 feet. Since portions of the building are over 25
feet in height, a variance is required (see Exhibit "C" - Application).
The petitioner's intent is to construct a two-story, .up-scale" residence having a total floor area in
excess of 5,000 square feet. The petitioner's designer feels that due to the size (floor area) of
individual rooms, the standard height of 8 feet for ceilings would be inappropriate. The interior
architecture considerations in conjunction with the structural requirements for providing second story
flooring and roofing systems results in the requested increase in total height of the building above the
permitted 25 feet. The applicant states further, that this increase not only responds to the current
requirements of the higher end housing industry, but also provides higher standards of architectural
qualities for the neighborhood. There are no single-family structures in the vicinity that exceed the
current zoning requirement of 25 feet.
An elevation for both the front and rear facades was submitted. According to the elevation, 100% of
the front fac;ade will be over 25 feet in height, creating a high degree of bulk and verticality. City
records indicate that no variances for the homes existing on Lake Drive have been requested.
Building records are incomplete so this could not be verified. The bulk and verticality of the proposed
home differs greatly from the adjacent homes and may represent a unique addition to this
neighborhood.
Based on the traditional hardship criterion, the subject variance is not justified. However, given the
current architectural characteristics of larger two-story single-family homes, staffs analysis has also
included a review of site compatibility and the history of similar requests. Although the planned home
is very large, it is reasonably proportional to the lot. The lot, at 27,000 square feet, is over one-half
acre. No setbacks would be required. Also contributing to the compatibility of the home on this lot
include the permanent openness achieved by the lake, and numerous mature trees which are also in
scale with the proposed structure (however, several trees are to be removed and not replaced).
With respect to previous similar requests, the city has acknowledged the architectural characteristics
of relatively larger single-family homes with the approval of master plans with heights in excess of 30
feet (e.g. Hills at Lake Eden PUD - 33 feet maximum height), and the approval of a variance to allow
a single-family home with a height of 35 feet (Islam variance - August 19, 1997).
:h
Page 3
Memorandum No. 99-069
Lake Eden Place ZNCV 99-001
Lastly, this issue of building heights with respect to value is to be addressed as part of a housing
strategy to be researched by James Duncan Associates purs~ant to a recommendation from the
Visions 20/20 Planning Study. This recommendation involves evaluating codes from the perspective
of encouraging higher value homes and fewer apartments. Due to uncertainty of when this work will
be done, staff may soon propose a zoning code amendment to allow flexibility in maximum height
through an administrative review, for single family zoning districts, under certain circumstances
related to neighborhood compatibility, proportional lot size, and design and layout. This
administrative approval would only be granted under established criteria and up to a maximum height
of perhaps 6 feet over the current maximum of 25 feet (a request in excess of the maximum allowed
under administrative review would be discouraged by staff and ultimately limited to the variance
process).
CONCLUSJON/RECOMMENDA TION
This request was presented to the Planning and Development Board on February 9th. Due to
opposition from adjacent property owners, the applicant requested that the review be discontinued
and continue after an attempt is made to negotiate with said property owners. Staff originally
recommended that this request be approved based, in part, on lot compatibility and past precedence.
However, the applicant has not varied the application, nor supplied evidence that successful
negotiations have occurred with adjacent property owners. Therefore, based on this current
information, and based on the fact that the traditional criteria for a variance through evidence of
hardship have not been satisfied, staff recommends that this request for a variance be denied. If the
City Commission approves this request, staff recommends that the approval be subject to the
conditions listed in Exhibit "0" - Conditions of Approval. These conditions are intended to minimize
impacts of this variance upon properties adjacent to the subject lot.
xc: Central File
J:\SHRDATAIPlaminglSHAREDlWP\PROJECTSllake Eden PI- Patrick, ~nna\stafl report 112 (height).dOC
j
EXHIBIT "D"
Conditions of Approval
Project name: Lake Eden Place
File number: ZNCV 99-00 I
Reference: Zoninl! Code Variance Aoolication .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
P ARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None ,
PLANNING AND ZONING
Comments:
1. The home shall be situated on the lot to achieve reasonable side setbacks,
and no setback variances be requested to minimize impact on adjacent
properties.
2. Modify the right elevation similar to left elevation design to increase
distance between property line and 2-story portion of home. That
portion of home nearest to trope~ line should be single-story, or 2-
stOry and not in excess of 25 eet in eilzht.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
R
.~.-=-~
__.._.....P'L~...."...,.. .
Page 2
Steak en Shake
File No.: COUS 98-005
DEPARTMENTS INCLUDE REJECT
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
J:\SHRDATA\Planmng\SHARED\WP\PROJECTS\Lake Eden PI- Pamck, Deanna\cond. ofappr.doc
/bme
. {
q
-~~_._--_._....__..__...-
~
DEVELOPMt;~T ORDER OF THE CITY COMMI ION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lake Eden Place
APPLICANTS AGENT: Deanna Patrick
APPLICANTS ADDRESS: 3125 Oakland Shores Drive, Fort Lauderdale, Florida 33309
DATE OF HEARING BEFORE CITY COMMISSION: March 23, 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 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
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
LHAS
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
L 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:
~ity Clerk
J:ISHRDATAIPlanningISHARED\WPlPROJECTSll.ake Eden Pl- Patrick, Daama\Develop.Ordet.doc
/()
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Description:
Request to construct a 140-foot
communication tower with antennas,
equipment and access road.
(Postponement Requested)
3.
Project Name:
Agent:
Owner:
Location:
Description:
Bible Church of God - Day Care Center
Shirley Waters
Bible Church of God
1390 N. Seacrest Boulevard
Request approval for a day care
operation within an existing church.
(Postponement Requested)
4.
Project:
Agent:
Location:
Description:
Private Members Only Club
Robert Fetrow
1107-1109 N. Federal Highway
Request for approval to adaptively
reuse an existing vacant building for a
private club.
(Postponement Requested)
Zonina Code Variance
5.
Project Name:
Agent/Owner
Location:
Description:
Lake Eden Place
Deanna Patrick
South Lake Drive (Lot 14, Block 1)
Request approval to allow an increase
in the height of a proposed single
family home to 32 Yz feet from the
maximum of 25 feet.
Mr. Martin Cheney, 3033 Spanish River Road, Boca Raton, Florida took the
podium.
Chairman Wische noted there was one staff comment, which stated "the home shall be
situated on the lot to achieve reasonable side setbacks, and no setback variances be
requested to minimize impact on adjacent properties".
Chairman Wische asked if there were any additional staff comments.
20
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Mr. Rumpf referred the Board to the fax that was handed out regarding a response from
one of the property owners in the neighborhood and up until this time, staff was not
aware that there was any opposition from property owners.
Mr. Rumpf said there is also another issue, which involves vegetation. Mr. Rumpf said
that staff made known that vegetation should be maximized and maintained on site. Mr.
Rumpf stated that staff has received a communication that many trees on site had been
"red tagged" for possible demolition. Mr. Rumpf said there are a lot of mature trees on
the site and existing vegetation can have a calming effect on the transition of properties.
Mr. Rumpf asked the representative of the applicant to inform the Board and staff of the
applicant's plans to retain this vegetation and to address the concerns of adjacent
property owners.
Mr. Cheney requested to make a presentation before responding to Mr. Rumpf. Mr.
Cheney stated he was a commercial developer and has sought variances on other
property that he has developed and stated that he was the father and father-in-law of
Deanna and David Patrick, respectively. The applicants feel that increasing the height
of the home will increase the market value of the home in the event of a resale. Mr.
Cheney stated for a home to be truly marketable in this price range it is essential that
floor heights of 10 feet be achieved. In adding trusses, the 25' maximum height is
exceeded. Mr. Cheney stated that most municipalities in surrounding cities and towns
have a maximum heights allowed for a single family residence is 35'.
Mr. Cheney stated that the home would cover less than 10% of the total site area. The
applicant could have chose to be a single-family residence, thereby impacting the
vegetation greater than what they are doing if they were to develop 5,000 square feet.
The two-story building will be 2,500 square feet. Mr. Cheney further stated that the
construction of this home would result in a positive increase in the City's tax base.
Chairman Wische announced that this was a Public Hearing and asked if anyone in the
audience wished to address this issue.
Mr. Jeff Leggio took the podium and stated he lived across the street from the lot and
said the neighborhood consisted of older established homes and to have one home that
would go 32' would change the character of the neighborhood. Mr. Leggio was not
against a two-story home, but said a home with 10-foot ceilings would not fit in. Also,
Mr. Leggio stated that a lot of mature trees would have to be taken down, leaving only.
perimeter trees. Mr. Leggio requested the variance be denied.
Ansuya Kalra, M.D., took the podium and stated his property adjoins the property to
the south side. Or. Kalra had a video camera with him if any Board member wished to
view the property. Or. Kalra stated his home on the south side is all glass facing the
21
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
applicant's property and he would lose his privacy. Dr. Kalra also said he was
approached,about the vegetation on his side being removed and a fence being placed
on this side of the property. Dr. Kalra said he is opposed to the variance.
Mr. AI Till, 3845 South Lake Drive said he lives on Lot #5, which is across the street
from the property on a southerly diagonal direction. Mr. Rumpf pointed out the lot on
the overhead map. Mr. Till has no objection to a wonderful upscale home being built on
the lot and that this area is already a very upscale area and all properties have
waterfront property. Mr. Till stated they welcome new neighbors and the neighborhood
is very social. Mr. Till stated the applicants should abide by the height regulation as all
other property owners have. Mr. Till said the house would tower over any other houses
in the neighborhood and did not agree that the house needs 10' ceilings to be
marketable. Mr. Till requested that the applicants stay within the existing regulations.
Mr. Donald Brian, 916 SW 38th Court who lives at the end of the cul-de-sac, which is
the street to the north of the applicant's property, took the podium. Mr. Rumpf indicated
this location on the overhead. Mr. Brian welcomed the Patricks to the neighborhood as
well and said he has lived in the neighborhood for 15 years in a house he designed and
built himself. Mr. Brian said he has a two-story house and the height of the highest
point of his roof is 24'6". Mr. Brian said he had ceilings in his house that exceeds 22
feet. Mr. Brian said that what the petitioner is proposing is actually another story above
the two-story houses in the neighborhood and requested that the Board deny the
petitioners' request and not to set a precedent in the neighborhood.
Susan Harris, 3825 South Lake Drive, lives on the north side of Mr. Leggio. Ms.
Harris stated it appears that most of the trees on the lot have been marked to be cut
down. Ms. Harris hopes these problems can be resolved and the Patricks will enjoy
living in the neighborhood.
Chairman Wische closed the public hearing portion.
Chairman Wische asked if there were any comments from the Board.
Ms. Frazier asked the applicant if the house was a spec-house. Mr. Cheney stated that
the applicants intend to raise their family in the house and requested to address some
of the issues raised. Mr. Cheney said that the applicants could have built a 25' house
with a flat roof that would be unattractive. Mr. Cheney said the applicants have certain
rights to build a home on their property and by building a two-story house would have
less impact on the vegetation than a 5,000 square foot single story home. Mr. Cheney
further stated there have been changes in single-family homes over the years.
22
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Mr. Rosenstock asked when the property was purchased and was informed
approximately two years go and also asked if the applicants looked at the code before
they purchased the property.
Mr. Rosenstock asked Mr. Rumpf about the code regarding trees being cut down for the
building of a residence and noted there is a code in the city that when a tree is taken out
there is a requirement that it be replaced. Mr. Rumpf said the Tree Preservation Code
does not apply to single family homes.
Mr. Myott said this is the second case that has come before the Board recently on
ceiling height and asked Mr. Rumpf if they would consider changing the Codes. Mr.
Rumpf said they have not and his recommendation is that each case be reviewed on its
own merits. Mr. Rumpf said other jurisdictions do not measure to the top of the building,
but to some mid-way point. Mr. Myott did not think that enough information on the
scope of the project has been presented for this Board to make a decision.
Mr. Friedland suggested that a study be done regarding the heights of homes in the
surrounding area so that there could be bigger and better homes in the community.
Vice Chair Reed noted that in order for this Board to approve a variance six conditions
must be met and the Board must agree that those conditions apply. Vice Chair Reed
said that the six conditions have not been met. Mr. Rosenstock agreed with Vice Chair
Reed and said that the Board should have a list of the six criteria to approve a variance
in front of them at every meeting.
Mr. Rosenstock said it is incumbent upon an individual before purchasing a piece of
land to find out what the requirements are to build a house. Also, Mr. Rosenstock felt
that the house would not be compatible with the existing homes in the neighborhood.
Also, Mr. Rosenstock said if there were consideration to changing the code in the City,
there has to be some kind of consideration given to what presently exists. Mr.
Rosenstock said he could not approve of the project.
Ms. Frazier asked if the applicant could build a two-story home. Mr. Rumpf said the
applicant could build a two-story home with a 25' maximum height.
Motion
Mr. Rosenstock moved that, Deanna Patrick, the owner of South Lake Drive (Lot 14,
Block 1), Lake Eden Place, request for approval to allow an increase in the height of a
proposed single family home to 32 % feet from the maximum of 25 feet be denied. Ms.
Frazier seconded the motion.
23
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Vice Chair Reed stated his vote was based solely on the applicant not meeting the six
criteria.
Mr. Rumpf stated that staff was not aware of the property owners opposition to the
project until tonight. Mr. Rumpf stated that it was a quality project and perhaps the
Board may wish to table the project so that that it could be coordinated with the property
owners.
Mr. Rosenstock stated he would be glad to withdraw his motion if the applicant would
agree to Mr. Rumpfs comments.
Mr. Myott asked if Attorney Cirullo wished to comment on the withdrawal of the motion.
Attorney Cirullo stated the applicant could voluntarily withdraw its application, although
Attorney Cirullo did not think it was appropriate for this Board to table a motion. Mr.
Rosenstock said under Robert's Rules, he has the right to withdraw his motion and the
applicant can voluntarily ask for a postponement. The petition would come off the
agenda and be placed back on at the applicant's request. Mr. Cheney requested to
consult with the applicant.
Mr. Cheney respectfully requested that a vote be postponed.
Mr. Rosenstock withdrew his motion. Ms. Frazier withdrew her second of the motion.
Attorney Cirullo stated the applicant could voluntarily request a postponement.
Chairman Wische asked if anyone was opposed to the postponement of the application.
There was none and the p~(?_onement was agree~.
B. SUBDIVISION
Master Plan Modification
Description:
Shoppes of Woolbright - Home Depot Tool
Rental Center
Steven Tate
Caulfield and Wheeler, Inc.
Home Depot
North of Woolbright Road and east of the.
L.W.D.D. e-4 Canal
Request to amend the approved master
plan to move 2,789 square feet of
approved/undeveloped space to Home
Depot, to modify parking circulation aisle
24
1.
Project:
Agent:
Owner:
Location:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
December 4. 1998 (noon)
Requested City Commission
Meeting Dates
o January 19, 1999
o February 2, 1999
[g] February 16, 1999
o March 2, 1999
Date Final Form Must be Turned
in to City Clerk's Office
January 8,1999 (noon)
Requested City Commission
Meeting Dates
o November 17, 1998
o December 1,1998
o December 15, 1998
o January 5, 1999
Date Final Form Must be Turned
in to City Clerk's Office
November 6, 1998 (noon)
November 20, 1998 (noon)
January 22. 1999 (noon)
February 5, 1999 (noon)
December 18, 1998 (noon)
February 19, 1999 (noon)
Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfmished Business
NATURE OF
AGENDA ITEM
o Administrative
~
o
o
o
Consent Agenda
Public Hearing
Bids
Presentation
RECOMMENDATION:
Deanna Patrick elected to withdraw this variance request as described below, until further notice. Therefore, please
withdraw the request from the February 16, 1999 City Commission agenda under Consent - Ratification of Planning and
Development Board Action. The Planning and Development Board recommended approval of their request to withdraw,
which is intended to allow the applicant time to negotiate with adjacent property owners who oppose issuance of the height
variance. For further details pertaining to the request see attached Department of Development Memorandum No. PZ 99-
032.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Lake Eden Place
Deanna Patrick
Deanna Patrick
South Lake Drive (Lot 14, Block 1)
Request approval to allow an increase in the height of a proposed single family home 32 Y:z feet from the
maximum of 25 feet.
PROGRAMI~ACT: N~
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
City Manager's Signature
~, ; ~
/ -L/ :-- ..>L--
Acting Manager of P ing and Zoning
City Attorney / Finance / Human Resources
IICH\MAIN\SHRDATAIPLANNlNGISHARED\WP\PROlfCTS\LAKE EDENPL - PATRlCK, DEANNAIAGENDA ITEM REQUEST 2-16-99.DOC
.:PARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-032
To:
Chairman and Members
Planning and Development Board
Thru:
Michael W. Rumpf
Acting Planning and Zoning Manager
From:
Dan DeCarlo
Assistant Planner
Date:
February 5, 1999
Project
Name:
Lake Eden Place
Deanna Patrick
ZNCV 99-001 (building height)
Variance
Request:
Request for variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Section 5.C.2 - Building and site regulations to allow an increase in the
height of a proposed single family home to 32 and one-half (1/2) feet from the
maximum of 25 feet allowed.
BACKGROUND
The subject property is an undeveloped lot (lot 14), located within the Lake Eden Place subdivision.
The applicant is intending to erect a single family home on the lot. This is the only vacant lot on the
street. The submitted elevation sketch of the front of the house shows the highest point of the
structure to be 32 1/2 feet in height (see Exhibit "A" - Location Map, Exhibit "B -Front Elevation). The
zoning designation of the subject parcel is R1-AAB (single-family residential).
The following is a description of the zoning districts and land uses of the properties that surround the
subject request:
North -
single family residence, zoned R 1-AAB
South -
single family residence, zoned R1-AAB
East -
Lake Worth Drainage District (LWDD) canal.
West -
Lake Drive Extension right-of-way, and single family residences,
zoned R1-AAB.
The code states that zoning code variances cannot 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.
/
. '
Page 2
Memorandum No. 99-032
Lake Eden Place ZNCV 99-001
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.
ANALYSIS
The City of Boynton Beach Land Development Regulations. Chapter 2 - Zoning, Section 5.C.2 -
Building and Site regulations requires that the maximum structure height in the "R-1AAB" - single
family zoning district not exceed two stories, or 25 feet. Since all portions of the building are over 25
feet in height (or if any portion of a building is over 25 feet in height), a variance is required (see
Exhibit "C" - Application).
The petitioner's intent is to construct a two-story, "up-scale" residence having a total floor area in
excess of 5,000 square feet. The petitioner's designer feels that due to the size (floor area) of
individual rooms, the standard height of 8 feet for ceilings would be inappropriate. The interior
architecture considerations in conjunction with the structural requirements for providing second story
flooring and roofing systems results in the requested increase in total height of the building above the
permitted 25 feet. The applicant states further, that this increase not only responds to the current
requirements of the higher end housing industry, but also provides higher standards of architectural
qualities for the neighborhood. Although there are no other single-family structures in the vicinity that
do not meet the current zoning requirement of 25 feet.
An elevation for both the front and rear facades was submitted. According to the elevation, 100% of
the front fayade will be over 25 feet in height, creating a high degree of bulk and verticality. City
records indicate that no variances for the homes existing on Lake Drive have been requested.
Therefore, it is presumed that all existing adjacent homes do not exceed 25 feet. Building records are
incomplete so this could not be verified. The bulk and verticality of the proposed home differs greatly
from the adjacent homes and may represent a unique addition to this neighborhood.
Based on the traditional hardship criterion, granting the subject variance is not likely justified.
However, given the current architectural characteristics of larger two-story single-family homes, staff's
analysis has also included a review of site compatibility and the history of similar requests. Although
the planned home is very large, it is reasonably proportional to the lot. The lot, at 27,000 square feet,
is over one-half acre. No setbacks would be required. Also contributing to the compatibility of the
home on this lot include the permanent openness achieved by the lake, and numerous mature trees
which are also in scale with the proposed structure.
With respect to previous similar requests, the city has acknowledged the architectural characteristics
of relatively larger single-family homes with the approval of master plans with heights in excess of 30
feet (e.g. Hills at Lake Eden PUD - 33 feet maximum height), and the approval of a variance to allow
a single-family home with a height of 35 feet (Islam variance - August 19, 1997).
cA
pag.e 3
Memorandum No. 99-032
Lake Eden Place ZNCV 99-001
Lastly, this issue of building heights with respect to value is to be addressed as part of a housing
strategy to be researched by James Duncan Associates pursuant to a recommendation from the
Visions 20/20 Planning Study. This recommendation involves evaluating codes from the perspective
of encouraging higher value homes and fewer apartments.
RECOMMENDA TION
Staff recommends approval of this request, subject to conditions included in Exhibit "0" - Conditions
of Approval. This recommendation is based, in part, on the size of the home and the proportional roof
design, value, and lot size and openness which is also in scale with the proposed home.
xc: Central File
J:\ZON-VAR (building height) STAFF REP-LakeEden Place. doc
.3
. LC"CATION MAo EXHIBIT
DEANNA PATRICK PROPERTY
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EXHIBIT C
G~vid & D~anna Patrick
3125 Oakland Shores Drive
Fort 1a~derdale, Flcrida 33309
(954) 486-8536 (H)
(561) 369-3100 (W)
Jd.m:ary 4, 1999
Mr. Micha~l Rumpf
City of Boynton Beach
100 East Boy ton Beach Boulevard
Boy ton Beach, Florida 33425
P.e: Zoning Cede Variance tor Proposed Single Family Structure as
described on Attached Application.
D..ar Mr. Rumpf:
P~rsuant to yo~r request, and in accordance with the City of
Boynton Beach's Zoning Code, enclosed is the Zoning Code Variance
A~pllcat1on for the above mentioned property, requesting the
heigtt of a single family structure be increased from a maximum
of twenty five (25) feet to a maximum of thirty two (32) feet,
measured from the a'''erage finish 9rade around the exterior of
s~ructure. Today, the single fam~ly home buyer requirements
are different from that of previous generations. Certain design
criteria and amendities, includin9 the requirement of floor to
ceiling hei9hts of ~en (10) to fourt.en (14) feet, are not only
preferred, but are dictated b) the market. AS we discussed
during our recent meeting, we have surveyed numerous ~unici-
palities in Palm Beach and Broward Counties and found, with
little or no exception, that the maximum building heights allow-
able under their codes for single family structures is s1gnifi-
car.:ly h~9her then that of Boynton Beach. For eXA"ple the City
of DOlray, which borders the subject propery to the South imposes
a th1r~y five (35) foot hei9ht limitation for single family struc-
tures. It 1s also important to note that we are anxious to pre-
serv~ as much native vegetation and pervious area as poSSible
while achieving a certa~n marketatle square footage but can only
do so if we are allowed marketable building heights versus a
sinc:le sto:'y structure with the same square footage.
This request for a variance and its approva~ we believe is
critical because of the severe physical and economic hardships
~
David & Deanna Patrick
Z~n1nq Cede Variance
Page 2
which would be placed on us resulting from the construction of
a two (2) story single family residence built in accordance with
you.r Code.
We appreciate the opportunity to have met with you recently.
If you have any questions or co~ents, please do not hesitate
to contact us.
~~~relY, ()_
~nna... 1cJ..AicJ:.
D~anna Patrick
1
EXHIBIT "D"
Conditions of Approval
Project name: Lake Eden Place
File number: ZNCV 99-001
Reference: Zonimz Code Variance Aoolication .
DEP ARTMENTS 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
FORE S TER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The home shall be situated on the lot to achieve reasonable side setbacks,
and no setback variances be requested to minimize impact on adjacent
properties.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
J:\SHRDATA\Plannmg\SHARED\WP\PROJECTS\Lake Eden PI- Patrick, Deanna\cond. ofappr.doc
Ibme
j
DEVELOPM~T ORDER OF THE CITY COMMI~ION OF THE
L _ . Y OF BOYNTON BEACH, FLORI...A
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 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
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 \SHRDATA\PIlII\nmg\SHAREDIWP\PROJECTS\LMe ECIlIn PI- P8Ind<. O'....lOev.IoPOrderClOC
q
7.A.5
LAKE EDEN PLACE
(PATRICK)
ZONING CODE VARIANCE
LJEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-032
To:
Chairman and Members
Planning and Development Board
Thru:
Michael W. Rumpf
Acting Planning and Zoning Manager
From:
Dan DeCarlo
Assistant Planner
Date:
February 5, 1999
Project
Name:
Lake Eden Place
Deanna Patrick
ZNCV 99-001 (building height)
Variance
Request:
Request for variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Section 5.C.2 - Building and site regulations to allow an increase in the
height of a proposed single family home to 32 and one-half (1/2) feet from the
maximum of 25 feet allowed.
BACKGROUND
The subject property is an undeveloped lot (lot 14), located within the Lake Eden Place subdivision.
The applicant is intending to erect a single family home on the lot. This is the only vacant lot on the
street. The submitted elevation sketch of the front of the house shows the highest point of the
structure to be 32 1/2 feet in height (see Exhibit "A" - Location Map, Exhibit "B -Front Elevation). The
zoning designation of the subject parcel is R1-AAB (single-family residential).
The following is a description of the zoning districts and land uses of the properties that surround the
subject request:
North -
single family residence, zoned R 1-AAB
South -
single family residence, zoned R1-AAB
East -
Lake Worth Drainage District (LWDD) canal.
West -
Lake Drive Extension right-of-way, and single family residences,
zoned R1-AAB.
The code states that zoning code variances cannot 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.
/
Page 2
Memorandum No. 99-032
Lake Eden Place ZNCV 99-001
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.
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2 -
Building and Site regulations requires that the maximum structure height in the "R-1AAB" - single
family zoning district not exceed two stories, or 25 feet. Since all portions of the building are over 25
feet in height (or if any portion of a building is over 25 feet in height), a variance is required (see
Exhibit "e" - Application).
The petitioner's intent is to construct a two-story, "up-scale" residence having a total floor area in
excess of 5,000 square feet. The petitioner's designer feels that due to the size (floor area) of
individual rooms, the standard height of 8 feet for ceilings would be inappropriate. The interior
architecture considerations in conjunction with the structural requirements for providing second story
flooring and roofing systems results in the requested increase in total height of the building above the
permitted 25 feet. The applicant states further, that this increase not only responds to the current
requirements of the higher end housing industry, but also provides higher standards of architectural
qualities for the neighborhood. Although there are no other single-family structures in the vicinity that
do not meet the current zoning requirement of 25 feet.
An elevation for both the front and rear facades was submitted. According to the elevation, 100% of
the front fac;ade will be over 25 feet in height, creating a high degree of bulk and verticality. City
records indicate that no variances for the homes existing on Lake Drive have been requested.
Therefore, it is presumed that all existing adjacent homes do not exceed 25 feet. Building records are
incomplete so this could not be verified. The bulk and verticality of the proposed home differs greatly
from the adjacent homes and may represent a unique addition to this neighborhood.
Based on the traditional hardship criterion, granting the subject variance is not likely justified.
However, given the current architectural characteristics of larger two-story single-family homes, staff's
analysis has also included a review of site compatibility and the history of similar requests. Although
the planned home is very large, it is reasonably proportional to the lot. The lot, at 27,000 square feet,
is over one-half acre. No setbacks would be required. Also contributing to the compatibility of the
home on this lot include the permanent openness achieved by the lake, and numerous mature trees
which are also in scale with the proposed structure.
With respect to previous similar requests, the city has acknowledged the architectural characteristics
of relatively larger single-family homes with the approval of master plans with heights in excess of 30
feet (e.g. Hills at Lake Eden PUD - 33 feet maximum height), and the approval of a variance to allow
a single-family home with a height of 35 feet (Islam variance - August 19, 1997).
~
Page 3
Memorandum No. 99-032
Lake Eden Place ZNCV 99-001
Lastly, this issue of building heights with respect to value is to be addressed as part of a housing
strategy to be researched by James Duncan Associates pursuant to a recommendation from the
Visions 20/20 Planning Study. This recommendation involves evaluating codes from the perspective
of encouraging higher value homes and fewer apartments.
RECOMMENDATION
Staff recommends approval of this request, subject to conditions included in Exhibit "0" - Conditions
of Approval. This recommendation is based, in part, on the size of the home and the proportional roof
design, value, and lot size and openness which is also in scale with the proposed home.
xc: Central File
J:\ZON-VAR (building height) STAFF REP-LakeEden Place.doc
~
LeCATION MAr) EXHIBIT J
DEANNA PATRICK PROPERTY
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EXHIBIT C
David & Deanna Patrick
3125 Oakland Shores Drive
Fort Lauderdale, Flcrida 33309
(954) 486-8536 (H)
(561) 369-3100 (W)
J aln:ary 4, 1 999
Mr. Michael Rumpf
City of Boynton Beach
'100 East Boy ton Beach Boulevard
Boy ton Beach, Florida 33425
'Re: Zoning Code Variance for Proposed Single Family Structure as
described on Attached Application.
Dear Mr. Rumpf:
P~rsuant to your request, and in accordance with the City of
Boynton Beach's Zoning Code, enclosed is the Zoning Code Variance
Application for the above mentioned property, requesting the
.height of a single family structure be increased from a maximum
of twenty five (25) feet to a maximum of thirty two (32) feet,
~easured from the average finish grade around the exterior of
structure_ Today, the single fam~ly home buyer requirements
are different from that of previous generations. Certain design
criteria and amendities, including the requirement of floor to
ceiling heights of ten (10) to fourteen (14) feet, are not only
preferred, but are dictated by the market. As we discussed
during our recent meeting, we have surveyed numerous munici-
palities in Palm Beach and Broward Counties and found, with
little or no exception, that the maximum building heights allow-
~ble under their codes for single family structures is signifi-
cantly higher then that of Boynton Beach. For exarrple the City
of Delray, which borders the subject propery to the South imposes
a thirty five (35) foot height limitation for single family struc-
tures. It is also important to note that we are anxious to pre-
serv~ as much native vegetation and pervious area as possible
while achieving a certain marketable square footage but can only
do so if we are allowed marketable building heights versus a
single sto~y structure with the same square footage.
This request for a variance and its approval we believe is
critical because of the severe physical and economic hardships
~
David & Deanna Patrick
Zoning Code Variance
Page 2
which would be placed on us resulting from the construction of
. a two (2) story single family residence built in accordance with
your Code.
:We appreciate the opportunity to have met with you recently.
If you have any questions or comments, please do not hesitate
to contact us.
.~~ Pci1JLLck
Ol;lanna Patrick
7
EXHIBIT "D"
Conditions of Approval
Project name: Lake Eden Place
File number: ZNCV 99-001
Reference: Zoning Code Variance Application.
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The home shall be situated on the lot to achieve reasonable side setbacks,
and no setback variances be requested to minimize impact on adjacent
properties.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Lake Eden Pl- Patrick, Deanna\cond. ofappr.doc
/bme
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