LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent l. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
October 27, 1998
Robert Bordelon
2616 S.W. 4th Street
Boynton Beach, FL 33435
Re:
File No.:
Location:
Robert Bordelon
ZNCV 98-013
2612 S. W. 4th St.
Dear Mr. Bordelon:
Enclosed is the City of Boynton Beach Development Order for zoning code variance approval
granted on October 20, 1998.
Should you have any questions regarding this matter, please feel free to contact this office at
(561 )742-6260.
Sincerely,
I. ~
I ~; L- L_ +
-! L / -
I- c-~
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:jma
J:\SHRDA T A IPLANNlNG\SHARED\WPIPROIECTSIBORDELON-ROBERlIDEVELOPMENT ORDER LTR.DOC
America's Gateway to the Gulfstream
100 East Boynton Beaeh Blvd., P.O. Box 310 Boynton Beaeh, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
--lTY OF BOYNTON BEACH, FL( A
PROJECT NAME: Robert Bordelon
APPLICANT: Robert Bordelon
APPLICANT'S ADDRESS: 2616 S.W. 4th Street
DATE OF CITY COMMISSION RATIFICATION: October 20, 1998
TYPE OF RELIEF SOUGHT: Zoning Code Variance (side yard setback)
LOCATION OF PROPERTY: 2616 S.W. 4th Street
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
~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
~ 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
\\\\\\11111 11111111.
'>'~\\ ~~ ON eJ.:';fII~
~ -4. .........J-fO ~
~ 4JO 'ioAAT~ ~ ~
.::: l ~
- 'l 10 :::
- 0 .0 -
=:- ~ =
:::~ ~ =
-.,...\ ,--
~ 'f'" .'-"'~ ... - ~
~ /., . ,,' ~
"'! u ...... ..:v ~
::! -~' *
~ F\..O ~
~/1. ~\\~
;fllll'",,,,,,,\'"
DATED: (()~~ c::J.J /998 \ L,,~~~~<)~
~' City Clerk
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\8ordelon-Robert\DEVELOPMENT ORDER.doc
EXHIBIT "D"
Conditions of Approval
-Project name: Robert Bordelon
File number: ZNCV 98-013
Reference: Zoning Code Variance apolication dated September 8. 1998.
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
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The variance shall only apply to that portion of the house currently X
planned to be expanded which consists of approximately 25 feet in
length. No further improvements into the expanded yard shall be
permitted without similar review.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
3. To l:Je ae;t"llll~U"d. ~Ne ~
MWR/dim
J.ISHRDA T AIPLANNINGISHAREDIWPIPROIECTS\BORDELON.ROBERT\COND. OF APPR.DOC
MEETING MINUTES _
REGULAR CrN COMa....._:.ION
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
3. Proposed Resolution No. R98-175 Re: Approving the renewal of a
contract with Children's Services Council (CSC) for the 1998-99 fiscal year
Latchkey Afterschool Program in the amount of $43,672
4. Proposed Resolution No. R98-176 Re: Approving a lease agreement
with Seminole Harley Davidson to lease, for one year, a D.A.R.E.
motorcycle
At Commissioner Denahan's request, this item was removed from the Consent Agenda for
discussion.
5. Proposed Resolution No. R98-177 Re: Releasing the balance of
surety for the Vinings Plat 1 and Vinings Plat 2 in the amount of
$11,887.02 and $11,000 respectively
6. Proposed Resolution No. R98-178 Re: Supporting the enhanced
practical training for Drivers Education Programs in our schools and the
funding mechanism for this program by means of a $2.00 surcharge for
first-time drivers license fees or other similar funding programs
D. Ratification of Planning & Development Board Action:
1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9/~5/98 - KEEP ON TABLE
UNTrI. ~~/4/98)
2. Robert Bordelon - (2616 SW 4th Street) - Request for approval of a
variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Zoning, Section 5.C.2.a to allow a 5.0 foot reduction from the
.. .. required minimum side yard setback of 10.0 feet for the purpose of
constructing an addition to a single-family structure in the R-1AA zoning
district, within the Ridgewood Estates Subdivision
3. ABC Ane Wine and Spirits (Northeast comer of Winchester Park
Boulevard and Boynton Beach. !oulevard) - Request for approval of a
variance to allow for a reduction in the required ratio of one (1) parking
space per 200 square feet to one (1) parking space per 225 square feet;
which represents a reduction from 45 spaces to 40 spaces to be required
for this single retail store
4. ABC Ane Wine and Spirits (Northeast comer of Winchester Park
Boulevard and Boynton Beach Boulevard) - Request for approval of a
variance to allow a 34 foot reduction from the required minimum
5
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1998
Zoning Code Variance
1.
Project:
Agent:
Location:
Description:
Robert Bordelon
Robert Bordelon
2616 S.W. 4th Street
Request for approval of a variance from the
City of Boynton Beach Land Development
Regulations, Chapter 2-Zoning, Section
5.C.2.a - to allow a 5.0 foot reduction from
the required minimum side yard setback of
10.0 feet for the purpose of constructing an
addition to a single family structure in the
R-1AA zoning district, within the
Ridgewood Estates Subdivision.
Chairman Wische requested that Acting Assistant City Attorney Cirullo administer the
oath to all persons who would testify this evening.
Robert Bordelon, 2616 S.W. 4th Street took the podium and stated he is the owner of
the property and the applicant for the variance. Chairman Wische asked the applicant if
he read staffs comments and he replied affirmatively. Chairman Wische informed Mr.
Bordelon that staff denied his request for a variance. Mr. Bordelon stated that there
was a condition of approval, which would allow the granting of the variance if this is the
only modification to the property and that there would be no further additions.
Mr. Bordelon stated he spoke to his neighbor to the south who would be affected the
most by the addition and the neighbor had no objections. If the addition were done in
accordance with recommendations of the Building Department, it would not be possible
to install an additional bathroom, which is an important part of the addition. Mr.
Bordelon requested that the Board grant his request for a variance.
Chairman Wische requested that Mr. Rumpf address this issue. Mr. Rumpf stated the
project was reviewed using standard and traditional criteria for a hardship for a variance
and recognizes that there are some plats in the area that are older than this subdivision
which allow a 7 1'2' side setback. The Planning Department constantly reviews
developments with narrow lots, narrow side setbacks and zero lot line conditions. Also,
it is taken into consideration that the current owner of the side property will eventually
change and a new owner may not be so amenable to the variance. Staff felt the
variance request was inconsistent with the general area.
3
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13,1998
Chairman Wische introduced Mr. Rosenstock to the audience who took his seat on the
podium.
Chairman Wische stated this was a public hearing and asked if anyone in.the audience
had any comments.
Mr. Karl Krug, 2512 SW 4th Street, Boynton Beach took the podium and was
administered the oath by Acting Assistant City Attorney Cirullo. Mr. Krug stated he
resides two houses from the petitioner and was in favor of granting the variance to the
petitioner.
Ms. Frazier inquired what the addition to the property would consist of, and would it be a
family room or a bedroom. Mr. Bordelon stated it is intended to be a primary family
room, but will be used for a spare bedroom as well. The house is small for'his family
needs, but Mr. Bordelon likes living in his neighborhood and does not want to have to
move. Mr. Bordelon informed members that emergency access to the homes would not
be altered as a result of this addition. Also, the variance would not affect utility
easements. Mr. Rumpf confirmed that the Fire Department did not oppose the
reduction.
Mr. Dube asked for clarification on the location of the swimming pool. Ms. Frazier
inquired if the addition could be built on the rear of the house and was informed that the
pool is extra long and there would not be enough room.
Mr. Rosenstock apologized for being late and asked Mr. Bordelon what would be the
distance from the point of the new addition to the property line. Mr. Bordelon stated it
would be five feet with the variance. Mr. Rosenstock inquired if any of the petitioner's
neighbors had any objections to the addition and Mr. Bordelon stated the neighbors had
no objections to the addition. Mr. Rosenstock inquired if staff received any objections to
the variance request and was informed there were none.
Motion
Mr. Dube moved that this Board recommend approval for the request of a variance from
the City of Boynton Beach Land Development Regulations, Chapter 2- Zoning, Section
5.C.2.a - to allow a 5.0 foot reduction from the required minimum side yard set back of
10.0 feet for the purpose of constructing an addition to a single family structure in the R-
1AA zoning district, within the Ridgewood Estates Subdivision, subject to all staff
comments. Motion seconded by Ms. Frazier.
Motion carried 5-2 (Messrs. Myott and Reed dissented)
4