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REVIEW COMMENTS Meeting Date: File No: Location: Owner: Project: Variance Request: DEVl::LOPMENT SERVICES DEPARTME.'1 r 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 1 Q-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". MR/dim J:ISHRDATAIPlanningISHAREOIWPIPROJECTSICARSRUD DALE ZNCV\STAFF REP-rear yard setback.doc Meeting Date: File No: Location: Owner: Project: Variance Request: DEVt:LOPMENT SERVICES DEPARTME:1'l1 r PLANNING AND ZONING DIVISION MEMORANDUM #99-285 Staff Report Planning and Development Board and City Commission November 23, 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. p<j\ 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 Y2 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 f5L 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 1 a-foot reduction in the minimum rear yard setback be approved, and the that the request for a 1 a-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". MR/dim J:ISHRDATAIPlanningISHAREDlWPIPROJECTS\CARSRUD DAlE ZNCV\STAFF REP-rear yard setbacltdoc ~3 ~OCATION MAP, CARSRUD PROPERTY ,~"lv);,...JlI u-. j~:-u-tJ: 1.C2_:' ~ .," ".~ "";.j . . '~~~~-1JC~ -,.,..-" \~. ~ I , I' ......._ < '-''---'' , LJ I, I . -' ..-- -' F4' " , J . ---', , 'r--r---,r.. L . - . - . --I r--- " ._~ _. , . , ~~ . -t '-....-. ~ _U ::::::::J . :.=-- -~ -; , ~-:::: -. C 3. :.. .......;lIiUL.. OUT DO. ~._~ · L=L4'._._.~----:-'lr .~: / ((. ___~.___ =-=- -::-;:;- ~- L-. '-.J....... . 1M ~ ,_---..111 r... _~.. _t c~~ ' -. \'..:- r:\r""'. · ' .. ' , ------L..L..L-, " t -~-:-:-I-: ' : I' 1== , . . y ..... ., I I' ~ .... <1llTl ryt+ ::",. too. ,'T, v~ dI I, . . _ ._ I,", ...~.~I 11'- - -' ... r::1 V '~ -1.JJJ ~ -\ I r , . t- l~--P i .1 I , :; , ~ - --, .~_.--------==-~~:-~._._--- EXHIBIT "AI r :r ) rYJ' ! [ , . 'II '~" ,~ ~ ~ , ~}.)//,.i-. ; n ;::~L \....J.' /:::1 rr~ . ,I , G; .~ I L- kl; ... . -==f 'II r f , f ..... . 1 - - -.-----, t-- ~ ~ I-- -:: '-y~ ,(1 I . . 11- 99 EXHIBIT "Bn STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS OR REASONS JUSTIFING THE REQUESTED EXCEPTION OR VARIANCE 1) That special conditions and circumstances exist which are peculiar to the land, structures or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; ANS: The restrictions affecting this lot are burdensome because this lot, as is the case with other similarly situated corner lots, has two "fronts" from which setback lines are set. Building on such corner lots is thus significantly and adversely impacted. 2) That the special conditions and circumstances do not result from the actions of the applicant; ANS: WE obviouSly did not create the restrictions. The purchase of the property, based on visual observation of the lot, provided no indication that the setback lines would be so much different than those placed on the neighboring lots. 3) 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. ANS: We seek only the simple "privilege" to be able to build a home on this lot. Such a liberty is available to every other land owner. The extra space we seek, in the form of relief from some of the setback requirements, does not rise to the level of a special privilege given the nature of the district as residential and our intintion to erect a residence. 4) That 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 unnessary and undue hardship on the applicant; ANS: The goal of the ordinance is to limit the number of residences within a certain district as well as to provide for an aestheicallY pleasing neighborhood. A variance will not affect the number of residences we erect on the property and our requested relief will not adversely affect the "look" of the street (neither 8th Ave. or 7th St.). In fact, a home built by Mr. Risley wouldnot only enhance the look of the area but would probably help to increase the value of neighboring lots. fSS .-: ,. pg.2 5) That the variance (sought to be) granted is the minimum variance that will make possible the reasonable use of the land, building or structure. ANS: We seek only the space to build a "reasonably" usable residence. The relief requested is the minimum necessary to achieve that result. 6) That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. ANS: Granting the variance will not spoil the look of the street or neighborhood, but will achieve just the opposit effect by increasing the beauty of the area with the home we hope to build. Granting of the variance is in no way,detrimental to the public welfare. fj~ ~!B~ t~;~ ~,~~~ ; ~:g~~ A~~ -...,,..., ~; ~ ~:~~~~~S~~_:~~~L'~':-> I fi,: j .(;, t ~i '[' I l- t', , K- ",,,.~ ".' 4 I I I I I I /~ ~. ~." ". "'... C'" c:. -. ~ ~~ ~I'i Cl.- "'" iSo ", il: [11--1 <:1\,) 1 ~ ;:::! :t>: .- nt ~ ~~ :<: '1 ~ 7],CC' p' 69.9';' I~U) ::0 Cl.- iSo [11--; ~\.., );; r- 59.=]' oj' ~ ':f',.~ :~ ~o "'" ...... .. .- o --I :-):,) '., ~ "., 7;).~ -: ~ I I I J Ii ~f Q ! __L__...J .-~/ -- - - - -.':-;.;'-"p-;:",\"TI!::.~ - - - - --~ - -. - - - - ---- ..- .:;-::;- ._--~ EXHIBIT tIC I~ ~ h l'il :;j II! ~ I~ ~ I~ ~ I I I I I I I , I I , L .--.,~---- I , I I I I I I I I I I I I I i I I I I I I i I li I ~~~~ ~ "I I ~~~- ... I I I ::~~~ ~ I I I I a::oa ~ I I " " ~ I ""' ~~;~ ~ I ~~ I ,['1 I ~~~! ~ I ,," I " ~~ I ,:> ~..,~~ I !~ I r::r~:::) ;~ I ...,~~ I I=": ~;2 I :~ ! I I i~~ I ~g~ I " ~::~ i 'i ~ I I ~ .;: I I ~ I I I I I I I I I I I I I I ~I c I ~ I , I I I I I I / / I - - - -Di1!. C!..~'~IL _ _ __ --1.._ ___ ______ _ _ _ ___ _ _ _ _ __ __ _ ____ ___ ~ ~ , " ~ ~ ~ ~ ~ II" Iv> ~ I~ I~ I: I~ l~ I' I, ,~ / i~ ~~ , ,...... 't<:. PROPOSED VARIANCE OPTION # 2 LOT 1, BLOCK 5 N.E. 7 tho STREET BOYTON BE4Cf-I, FLORIDA. ~.. ~ JOHN F. SHEILS, P.'.E. ~GINu:R . CONSULTMNT P,E, I :16170 Wf5T PALM BEACH, FZ.O/?RIDA (~~I) 969-7717 '/ ~". r "".. .0,) ~-~,-,"...- BIill ;t ~ A EXHIBIT "D" Conditions of Approval Project name: Dale Carsrud File number: ZNCV-OI6 (rear yard setback) Reference: Zoninl! Code Variance AQolication dated Julv 16 1999 . 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/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\CARSRUD DALE ZNCV\COND. OF APPR P&D 11-23-99 REAR SETBACK. DOC F~ ~ >1 DEVELOPME~ ORDER OF THE CITY COMMISS--t+.j OF THE CITY OF BOYNTON BEACH, FLORIDA. PROJECT NAME: DALE CARSRUD APPLICANT'S AGENT: HARRY W. RISLEY, RISLEY DEVELOPMENT APPLICANT'S ADDRESS: 9510 NW 82nd STREET TAMARAC, FL 33321 DATE OF CITY COMMISSION PUBLIC HEARING: DECEMBER 07,1999 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: Southwest corner NE ih Street and NE 8th Avenue DRAWING(S): SEE EXHIBIT "C" 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 -1L 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 "D" 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: J:ISHRDATAIPLANNING\SHAREDlWP\PROJECTS\CARSRUD DALE ZNCv\DEVELOPMENT ORDER.12.7.99 REAR SETBACK.DOC ps.t t:. ^' ".....,.. - ~p~~~ijt\C2~~'_'\' =; ~1i1!1 ~.. ..:~.~ \ ~'-' \~c -:l~' " ; ~y, ~ ' ',:__ :";' To' \ ,.W1S' ._ " '.;.. ';:0:1~ I 1 ~-~ ",------=:? . l;J! -- :::.;;,.3 :.CU'~-'--:<.- \r -:. I ~/~~ ~ ~ ' ~ " ' "'~,.. . -- ~"""- ! ~/ '\ ~.:=_..~\_.~;:t ,-,' / ~ ;: "<'T:' :,::' ~ ',' "--. . ~< . ~ rt>r . ,:\~. C ", ~~~: .~~"::","~.~',"u~", I (~' II ~,; pU ~~~ ,,'.. 'cc., \- IT> T1'[\ " ~.:': ~ ~ ~,' .,- : '- ,," ~' . \ '. ;; ,\ ,I" .'" '," ,\, . --: ,.; 'I" '1 \ ill' ,. \ . ,\\ ,110\' \. '. f- "'"' , I ',L;n-' , \ j r , ~~. .". 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