REVIEW COMMENTS
l....PARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-069
Date:
March 12, 1999
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To:
Chairman and Members
Planning and Development Board
From:
Michael W. Rumpf
Acting Planning and Zoning Manager
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 R1-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 ~:" IW"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 fa<;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, 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
, ~cre. No setbacks would be required. Also contributing to the compatibility of the home on this lot
"15 ,~e-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).
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. 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 ~ 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).
CONCLUSION/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
negotiation~ave occurred with adjacent property owners. , based on this current
informatio 5nd based on the fact that the traditional criteria for a ariance through evidence of
hardship ha e not been satisfied, staff recommends that this request f r a variance be denied. If the
City Comm.ssion approves this request, staff recommends that th approval be subject to the
conditions sted in Exhibit "0" - Conditions of Approval. These condi ons are intended to minimize
impacts this variance upon properties adjacent to the subject lot.
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