REVIEW COMMENTS
Sent:
To:
Cc:
Subject:
Thursday, October 08, 1998 8: 14 AM
DeCarlo, Dan
Rumpf, Michael
Setback at SW 4th Street,2616.
No concerns; thanks for asking..
Bob Borden
Date:
File No:
Case No:
Location:
Owner:
Variance
Request:
Department of Development
Memorandum No. PZ 98-284
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
October 9, 1998
ZNCV 98-013 (side yard setback)
260
2616 S.W. 4th Street
Robert Bordelon
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-1-AA zoning district, within the Ridgewood Estates Subdivision.
NATURE OF REQUEST
Robert Bordelon, owner of the above described property, is requesting a variance for the purpose of
constructing an addition to the existing single family dwelling located at 2616 S.W. 4th Street (see
Exhibits "A" - Location Maps).
BACKGROUND
The applicant is requesting a variance to construct an addition to the existing single family dwelling at
2616 S.W. 4th Street. (See Exhibit "B" - Site Plan.)
The following is a description of the zoning districts and land uses of the properties that surround the
property:
North -
South -
East
West
Single family homes, zoned R-1-AA.
Single family homes, zoned R-1-AA.
Bethesda Hospital, zoned Public Usage.
Single family homes, zoned R-1-AA.
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
Robert Bordelon
File No.: ZNCV 98-013
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
From a windshield survey and aerial photographs, the subject single family home appears typical of
those throughout the neighborhood. Furthermore, the subject lot contains no natural or platted
characteristics that distinguishes it from adjacent lots. This request has been initiated by the need to
expand a single family home to accommodate family growth (see Exhibit "C" - Applicant
Justifications). With respect to alternatives to expanding the home southward, approximately 4 feet
exists between the rear of the home and the rear setback, and 16 feet from the point where the house
is proposed to be expanded and the rear setback. However, the applicant prefers not to expand
eastward as this would eliminate a portion of the pool deck. Expansion to the east would be
preferable, including if necessary, a reduction in the rear setback to accommodate the expansion, as
the adjacent property to the rear consists of Bethesda Hospital, which would not be affected by the
reduced setback.
The current setbacks (both rear and side) would allow the home to be expanded by approximately
204 square feet (12 feet by 14 feet) in the southeast corner of the home. If a rear setback of five (5)
feet were granted to the property owner, the addition could total 265 square feet which is generally
similar to the greater portion of the desired expansion (this would exclude the proposed bathroom).
It should be noted that expansion of the house on the north side is not as feasible given the unit
layout, the existence of a utility easement, and proximity to pool equipment. It should also be noted
that this analysis has not considered the design or architectural limitations to the expansion of this
home.
RECOMMENDATION
Based on the above analysis, and principally the lack of hardship, staff recommends that this request
by Robert Bordelon for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 -Zoning, Section 5.C.2.a as described herein for the purpose of constructing an addition to
the single family dwelling located at 1616 S. W. 4th Street, be denied. Staff would favor the reduction
of the rear setback to accommodate the expansion. However, if the city chooses to grant the subject
variance, staff recommends that the approval be granted only for the extent of the proposed addition.
This condition would limit the expansion to only a portion of the south side of the unit, rather than
allowing further future expansion of any remaining portion of the house toward this reduced side
setback. (see Exhibit "0" - Conditions of Approval).
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E~HIBIT "A"
LOCATION MAP
ROBERT BORDELON RESIDENCE
E~:HIBIT "B"
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WID INDICATES WOOD
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CONC INDICATES CONCRETE
:.::':ATIONS BASED ON MEAN SEALEVEL DATUM
~OTE: UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
~EGISTERED SURVEYOR AND MAPPER,' THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY A~D
;:S ~OT VALID.
~~GAL DESCRIPTION:
~OT 2, BLOCK 1, RIDGEWOOD ESTATES, A SUBDIVISION AS RECORDED IN Plat Book 37, PAGE
98 AKD 99, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CERTIFICATION:
I HEREBY CERTIFY THIS SKETCH AS SHOWN HEREON REPRESENTS A SURVEY MADE UNDER MY
8IRECTION AND TO BE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUBJEC:
TO EASEHENT RIGHT-OF-WAYS OF RECORD AND MEETS THE MINIMUM TECHNICAL STANDARDS
OF RULE 61G -6 OF HE FLORIDA MINISTRATIVE CODE.
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~I; E~E;'F~~~~DA SURVEYOR AND MAPPER NO.' 2580
L. a-: ~:O. 2322
JAT~ OF SLP.VEY: AUGUST 2, 1998
GENtRY ENGINEERING &
LAN"D':' stJRVEYI N G, IN C.
'P.O. BOX 243
DELRAYBEACH, FLORIDA 33444
(561) 272-1924
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ADDITION
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E.AHIBIT "C"
Mr. & Mrs. Robert A. Bordelon
2616 S.W. 4th Street
Boynton Beach, FL 33435
561-738-2580
September 8, 1998
Zoning Code variance Application
Statement of Reasons for Request
Answers to paragraph 5 of the Variance Application;
A. Family size and requirements have out-grown structure of building
with respect to size and floor plan. Other structures defined in the
400 foot radius of property enjoy smaller set-back requirements by
virtue of the plat dates as defined in the zone identification
rules and, are larger in size and floor plan.
Due to the design of the subject model, the required addition
cannot accommodate the existing set-back of 10 feet.
B. The above listed conditions do not result from the actions of the
applicant.
c. Granting of the application and request shall not confer any special
privilege that is denied by this ordinance to other lands, buildings
or structures in ~he same zoning district.
D. Literal interpretation of the provisions of this chapter 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. The variance applied for is the minimum that will make the
proposed addition of structure and use of land possible.
F. Granting of the variance will be in harmony with the general intent
and purpose of this chapter and such variance will not be injurious
to the area involved or otherwise detrimental to the public welfare.
6
EXHIBIT "D"
Conditions of Approval
Project name: Robert Bordelon
File number: ZNCV 98-013
Reference' Zoning Code Variance application dated September 8 1998
,
I DEPARTMENTS I INCLUDE I REJECT I
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:
1. The variance shall only apply to that portion of the house currently
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. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
7
DEVELOPME~-- ORDER OF THE CITY COMMIS~'~N OF THE
CII , OF BOYNTON BEACH, FLORID~
PROJECT NAME: Robert Bordelon
APPLICANT: Robert Bordelon
APPLICANT'S ADDRESS: 2616 S.W. 4th Street
DATE OF CITY COMMISSION PUBLIC HEARING: 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.
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
~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
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev. Orders\DEVELOPMENT ORDER REV. doc