AGENDA DOCUMENTS
Requested City Commission
Meeting Dates
0 November 16,1999
0 December 7, 1999
I2J December 21, 1999
0 January 4, 2000
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 3, 1999 (5:00 p.m,) 0 January 18,2000
November 17, 1999 (5:00 p,m.) 0 February 1,2000
December 8, 1999 (5:00 p,m.) 0 February 15,2000
December 22,1999 (5:00 p,m.) 0 March 7,2000
January 5, 2000 (5:00 p.m,)
January 19,2000 (5:00 p,m,)
February 2, 2000 (5:00 p,m,)
February 16,2000 (5:00 p,m.)
o Administrative
I2J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfmished Business
Presentation
RECOMMENDATION: Please place the request below on the December 21, 1999 City Commission agenda under
Consent - Ratification of Planning and Development Board Action. The Planning and Development Board with a
unanimous vote, recommended that this request be approved (no conditions of approval are recommended). This item was
postponed from the December 7, 1999 City Commission Meeting at the request of the applicant for time to prepare their
presentation. For further details pertaining to this request see attached Department of Development Memorandum No. PZ
99-285.
EXPLANATION:
PROJECT NAME:
AGENT:
LOCA TION:
DESCRIPTION:
Carsrud
Harry Risley, Risley Development & Design Corporation
Southwest comer ofN,E. 7th Street and N.E. 8th Avenue
Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25
feet, to allow a 10 foot rear setback variance, or a rear setback of 15 feet to construct a single-
family dwelling.
FISCAL IMPACT: N/ A
PROGRAM IMPACT: NM
ALTERNATIVES: N/A
Department of Development Acting Director
City Manager's Signature
/1.- .. ~
Planning ~ Zoning Director
City Attorney / Finance / Human Resources
\\CH\MAlN\5HRDAT A IPLANNING\SHAREDIWPIPROJECTS\CARSRUD DALE ZNCV\AGENDA CC ITEM REAR SETBACK 12-21.99 .DOC
Meeting
Date:
File No:
Location:
Owner:
Project:
Variance
Request:
DE"~LOPMENT SERVICES DEPARTM~I'.IT
PLANNING AND ZONING DIVISION
MEMORANDUM #99-285
Staff Report
Planning and Development Board
. and
City Commission
December 21, 1999
ZNCV 99-012 - Side yard setback from property line
ZNCV 99-016 - Rear yard setback from property line
Southwest corner NE 8th Avenue and NE 7th Street
Dale Carsrud
Building a new single-family house on a corner lot with double frontage.
Request for two (2) variances from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a., 1) to allow a ten (10) foot
reduction from the twenty-five (25) foot rear yard setback required within the R-1-
A single family zoning district to set allow a 15 foot setback; and 2) to allow a ten
(10) foot reduction from the minimum of twenty-five (25) foot side yard setback
required for a corner lot with double frontage within the R-1-A single family
zoning district to allow a 15 foot side-corner setback.
BACKGROUND
The subject property and nearby neighborhood is currently zoned R-1-A, single family
residential. The lot is currently vacant and conforming with the R-1-A zoning district
requirements. Currently, the subject property is surrounded by vacant lots. Staff surveyed the
area and it was observed that several properties along NW 8th Avenue, and farther west from
the subject lot, have been developed with a front yard setback greater than the minimum
required of twenty-five (25) feet. The unique location as a corner lot subjects the parcel to a
double front setback requirement, which reduces development flexibility (see Exhibit "A" -
location map).
ANALYSIS
The code states that the zoning code variance can not 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.
Page 2
Dale Carsrud
File No. ZNCV 99-016
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.
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.
(Exhibit "B" contains the applicant's response to the above criteria.)
Staff has conducted this analysis considering each setback request separately. For the rear
yard setback request, the focus is in item "e" above, which requires that the request represent
the minimum possible deviation from City regulations. Based on the City's code provisions for
older platted lots, the City has acknowledged the potential for creating certain hardships and
non-conformities on these corner lots, specifically, minimum rear yard setback. With respect to
impacts upon adjacent properties, staff has concluded that the requested reduction of ten (10)
feet to place the building line at fifteen (15) feet from the rear property line would leave enough
separation between the proposed building and any other structure to be built in the lot adjacent
to the west which would be subject to a side yard setback, or 7 % feet. (see Exhibit "C"-
proposed site plan).
With respect to the requested side yard setback (double frontage), staff has concluded that
approval of this request will negatively impact the neighborhood. This conclusion is supported
by the fact that the existing properties to the west, fronting NW 8th Avenue, have front yard
setbacks ranging from 30 to 40 feet which are greater than the current 25' minimum
requirement. Additional intrusion into the required side yard setback for the subject property will
create an inconsistent appearance for the block and significantly obstruct the eastern line of
sight for the property owners on NW 8th Avenue.
CONCLUSIONS/RECOMMENDA TION
Staff recognizes that corner lots within conventional zoning districts are subject to more
stringent setback regulations and may have less development (design) alternatives compared
to internal lots (unless the corner lot is oversized). Therefore, staff is in partial support of
respective variance requests as long as said variances do not jeopardize continuity along the
streetscape or in particular, negatively affect adjacent properties. This is the rationale used by
staff to arrive at a recommendation to approve the variance request to allow a ten (10) foot
reduction from the twenty-five (25) foot minimum rear yard setback requirement. However, this
Page 3
Dale Carsrud
File No. ZNCV 99-016
is the same rationale used to arrive at the recommendation to deny the request for a ten (10)
foot reduction from the twenty-five foot'side yard setback requirement for a corner lot with
double frontage. Whereas the reduction in the rear yard setback would create a setback on the
west side still greater than the side setback that would be applied to the opposite property (if
developed), the reduction in the side-front (north side) setback would further allow the subject
project to deviate from the distance at which adjacent homes along N.E. 8th Avenue are
setback from the street. The proposed design for the home indicates that a courtyard may be
planned which emphasizes internal space and utilizes less perimeter yard space. If additional
area is needed for the proposed home, staff would support a further decrease in the west side
setback, or encourage the application of a two-story design, which would take advantage of the
coastal views attainable at this location while allowing all setback requirements to be met.
Again, staff recommends that the request for a 10-foot reduction in the minimum rear yard
setback be approved, and the that the request for a 10-foot reduction in the minimum required
side-front setback be denied. No conditions of approval are recommended; however, any
conditions of approval added by the Planning and Development Board or City Commission will
be placed in Exhibit "0".
MRldim
J:\SHRDATA\PlanninglSHAREDlWP\PROJECTS\CARSRUD DALE ZNCV\STAFF REP-rear yard setback. doc
Requested City Commission
Meeting Dates
0 November 16, 1999
0 December 7, 1999
I2J December 21, 1999
0 January 4, 2000
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 January 18,2000 January 5, 2000 (5:00 p.m.)
0 February 1,2000 January 19,2000 (5:00 p.m.)
0 February 15,2000 February 2, 2000 (5:00 p.m.)
0 March 7, 2000 February 16,2000 (5:00 p.m.)
November 3, 1999 (5:00 p,m.)
November 17,1999 (5:00 p,rn,)
December 8, 1999 (5:00 p,m,)
December 22, 1999 (5:00 p.m,)
o Administrative
I2J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfmished Business
Presentation
RECOMMENDATION: Please place the request below on the December 21, 1999 City Commission agenda under
Consent - Ratification of Planning and Development Board Action. The Planning and Development Board with a 6-1 vote,
recommended that this request be denied. This item was postponed from the December 7, 1999 City Commission Meeting
at the request of the applicant for time to prepare their presentation. For further details pertaining to this request see attached
Department of Development Memorandum No. PZ 99-284.
EXPLANATION:
PROJECT NAME:
AGENT:
LOCATION:
DESCRIPTION:
Carsrud
Harry Risley, Risley Development & Design Corporation
Southwest comer ofN.E. 7th Street and N.E. 8th Avenue
Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum side (comer lot
setback of 25 feet, to allow a 10 foot side setback variance, or a side setback of 15 feet construct a
single-family dwelling.
FISCAL IMPACT: N/A
PROGRAM IMPACT: NM
ALTERNATIVES: N/A
Department of Development Acting Director
City Manager's Signature
~ U-,
Planning and Zoning Director
City Attorney / Finance / Human Resources
\\CHlMAlN\SHRDATAIPLANNING\5HAREDlWPIPROJECTS\CARSRUD DALE ZNCV\AGENDA CC ITEM SIDE SETBACK 12-21-99 .DOC
Meeting
Date:
File No:
Location:
Owner:
Project:
Variance
Request:
DE" _OPMENT SERVICES DEPARTM.._. <I T
PLANNING AND ZONING DIVISION
MEMORANDUM #99-284
. Staff Report
Planning and Development Board
, and
City Commission
December 21, 1999
ZNCV 99-012 - Side yard setback from property line
ZNCV 99-016 - Rear yard setback from property line
Southwest corner NE 8th Avenue and NE 7th Street
Dale Carsrud
Building a new single-family house on a corner lot with double frontage.
Request for two (2) variances from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a., 1) to allow a ten (10) foot
reduction from the twenty-five (25) foot rear yard setback required within the R-1-
A single family zoning district to set allow a 15 foot setback; and 2) to allow a ten
(10) foot reduction from the minimum of twenty-five (25) foot side yard setback
required for a corner lot with double frontage within the R-1-A single family
zoning district to allow a 15 foot side-corner setback.
BACKGROUND
The subject property and nearby neighborhood is currently zoned R-1-A, single family
residential. The lot is currently vacant and conforming with the R-1-A zoning district
requirements. Currently, the subject property is surrounded by vacant lots. Staff surveyed the
area and it was observed that several properties along NW 8th Avenue, and farther west from
the subject lot, have been developed with a front yard setback greater than the minimum
required of twenty-five (25) feet. The unique location as a corner lot subjects the parcel to a
double front setback requirement, which reduces development flexibility (see Exhibit "A" -
location map).
ANAL YSIS
The code states that the zoning code variance can not 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.
Page 2
Dale Carsrud
File No. ZNCV 99-012
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.
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.
(Exhibit "B" contains the applicant's response to the above criteria.)
Staff has conducted this analysis considering each setback request separately. For the rear
yard setback request, the focus is in item "e" above, which requires that the request represent
the minimum possible deviation from City regulations. Based on the City's code provisions for
older platted lots, the City has acknowledged the potential for creating certain hardships and
non-conformities on corner lots, specifically, minimum rear yard setback. With respect to
impacts upon adjacent properties, staff has concluded that the requested reduction of ten (10)
feet to place the building line at fifteen (15) feet from the rear property line would leave enough
separation between the proposed building and any other structure to be built in the lot adjacent
to the west which would be subject to a side yard setback, or 7 ~ feet. (see Exhibit "C" -
proposed site plan).
With respect to the requested side yard setback (double frontage), staff has concluded that
approval of this request will negatively impact the neighborhood. This conclusion is supported
by the fact that the existing properties to the west, fronting NW 8th Avenue, have front yard
setbacks ranging from 30 to 40 feet which are greater than the current 25' minimum
requirement. Additional intrusion into the required side yard setback for the subject property will
create an inconsistent appearance for the block and significantly obstruct the eastern line of
sight for the property owners on NW 8th Avenue.
CONCLUSIONS/RECOMMENDA TION
Staff recognizes that corner lots within conventional zoning districts are subject to more
stringent setback regulations and may have less development (design) alternatives compared
to internal lots (unless the corner lot is oversized). Therefore, staff is in partial support of
respective variance requests as long as said variances do not jeopardize continuity along the
streetscape or in particular, negatively affect adjacent properties. This is the rationale used by
staff to arrive at a recommendation to approve the variance request to allow a ten (10) foot
Page 3
Dale Carsrud
File No. ZNCV 99-012
reduction from the twenty-five (25) foot minimum rear yard setback requirement. However, this
is the same rationale used to arrive at the recommendation to deny the request for a ten (10)
foot reduction from the twenty-five foot side yard setback requirement for a corner lot with
double frontage. Whereas the reduction in the rear yard setback would create a setback on the
west side still greater than the side setback that would be applied to the opposite property (if
(developed), the reduction in the side-front (north side) setback would further allow the subject
project to deviate from the distance at which adjacent homes along N.E. 8th Avenue are
setback from the street. The proposed design for the home indicates that a courtyard may be
planned which emphasizes internal space and utilizes less perimeter yard space. If additional
area is needed for the proposed home, staff would support a further decrease in the west side
setback, or encourage the application of a two-story design, which would take advantage of the
coastal views attainable at this location while allowing all setback requirements to be met.
Again, staff recommends that the request for a 10-foot reduction in the minimum rear yard
setback be approved, and the that the request for a 10-foot reduction in the minimum required
side-front setback be denied. No conditions of approval are recommended; however, any
conditions of approval added by the Planning and Development Board or City Commission will
be placed in Exhibit "0".
MRldim
J:\SHROATAIPlanning\SHARED\WPIPROJECTS\CARSRUD DALE ZNCV\STAFF REP-Side yard setbackv 12-21.doc
-- NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application have 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:
Dale Carsrud
Request:
Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a
minimum side (corner lot) setback of 25 feet, to allow a 10
foot side setback variance, or a side setback of 15 feet to
construct a single family dwelling.
Request:
Relief from Ch~pter 2 Zoning, Section 5(D)(2)(a) requiring a
minimum rear setback of 25 feet, to allow a 10 foot rear
setback variance, or a rear setback of 15 feet to construct a
single family dwelling.
Location:
SW corner of NE 8th Avenue & NE 7th Street
Legal:
Lot 1, Block 5, lake addition to Boynton Beach, Florida,
according to the Plat thereof, as recorded in Plat Book 11,
at page 71, of the Public Records of Palm Beach County,
Florida.
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, November 23, 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
November 8, 1999
-- REQUEST FOR PUBLISHING
LEGAL. _ ,nCES AND/OR LEGAL ADVER1.....cMENTS
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: Planning and Zoning
PREPARED BY: Michael Rumpf
DATE PREPARED: October 28.1999
BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Development Board
Public Hearing Notice for (meeting November 23. 1999) Dale Carsrud rear and side
setback variance.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property Owners within 400 feet of property applicant
and Director of Plannina and Zonina
_NEWSPAPER(S) TO PUBLISH:
The Post
_PUBLISHED: November 8. 1999
APPROVED BY:
(1) "flu_ U C
(Originator)
/o4?/17
(Date>,
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:IPLANNINGISHAREDIWPIPROJECTSICARSRUD DAlE ZNCI/ILEGAl NOTICE. DOC
-nEPARTMENT OF DEVELOPMEN"'!!
.JEMORANDUM NO. PZ 99-24 .
TO:
Sue Kruse
City Clerk
FROM:
ffGv'ce-
Michael W. Rumpf
Director of Planning and Zoning
DATE:
October 28, 1999
SUBJECT: Dale Carsrud
Zoning Code Variance 99-012 (rear and side setback)
C\C\ -()\Cc,
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the November 23, 1999
Planning and Development Board meeting.
- NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application have 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:
Dale Carsrud
Request:
Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a
minimum side (corner lot) setback of 25 feet, to allow a 10
foot side setback variance, or a side setback of 15 feet to
construct a single family dwelling.
Request:
Relief from Chapter 2 Zoning, Section 5(D)(2)(a) requiring a
minimum rear setback of 25 feet, to allow a 10 foot rear
setback variance, or a rear setback of 15 feet to construct a
single family dwelling.
Location:
SW corner of NE 8th Avenue & NE 7th Street
Legal:
Lot 1, Block 5, lake addition to Boynton Beach, Florida,
according to the Plat thereof, as recorded in Plat Book 11,
at page 71, of the Public Records of Palm Beach County,
Florida.
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, November 23, 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
November 8, 1999
'O7&?~ ~ 107:> l.
.~ ~D,/
-- REQUEST FOR PUBLISHING
LEGAL Nt. .CES AND/OR LEGAL ADVERTIS. _JIENTS
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: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: October 28.1999
BRIEF DESCRIPTION OF NOTICE OR AD: Planning and Development Board
Public Hearina Notice for (meetina November 23, 1999) Dale Carsrud rear and side
setback variance.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All propertv Owners within 400 feet of property applicant
and Director of Plannina and Zoning
_NEWSPAPER(S) TO PUBLISH:
The Post
_PUBLISHED: November 8. 1999
APPROVED BY:
(1 )
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:\PLANNING\SHAREDlWP\PROJECTS\CARSRUD DALE ZNC\I\LEGAL NOTICE.DOC
DF.PARTMENT OF DEVELOPMENT.-
k.....:MORANDUM NO. PZ 99-241
TO:
Sue Kruse
City Clerk
FROM:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
November 4, 1999
SUBJECT: Dale Carsrud
Zoning Code Variance 99-012 (rear and side setback)
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variances are scheduled for the November 23, 1999
Planning and Development Board meeting.
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
NOTICE TO APPLICANTS
FOR
REZONING AND/OR lAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TIN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLAHNING\SHARED\WP\FORMS\APPS\ZNCWNCV.APP
October 15. 1998