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AGENDA DOCUMENTS Requested City Commission Meetin2 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 I2J o o o Announcement Administrative o Development Plans o New Business o o o Consent Agenda Public Hearing Bids 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 corner ofN.E. 7th Street and N.E. 8th Avenue Request relieffrom Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of25 feet, to allow a 10 foot rear setback variance, or a rear setback of 15 feet to construct a single- family dwelling. PROGRAM IMPACT: NM FISCAL IMP ACT: N/ A ALTERNATIVES: N/A Department of Development Acting Director City Manager's Signature YL.~ 12- Planning an Zoning Director City Attorney / Finance / Human Resources \\CH\MAlN\5HRDATAIPLANNING\SHARED\WP\PROJECTS\CARSRUD DALE ZNCV\AGENDA CC ITEM REAR SETBACK 12-21-99 .DOC Meeting Date: File No: Location: Owner: Project: Variance Request: DE"~LOPMENT SERVICES DEPARTMt::NT 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 liB" 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;\SHRDATAIPlanningISHARED\WP\PROJECTSICARSRUD DALE lNCVlSTAFF REP...-eer 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.rn,) November 17, 1999 (5:00 p.rn,) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p,m,) o I2J o o o Announcement o Development Plans o New Business o Legal o Unfinished Business o Presentation Administrative Consent Agenda Public Hearing Bids 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. PROGRAMIMWACT: N~ FISCAL IMWACT: N/A ALTERNATIVES: N/ A City Manager's Signature Department of Development Acting Director ~-'-, ,(~ Planning and Zoning Director City Attorney / Finance / Human Resources \\CHlMAlN\SHRDAT AIPLANNING\SHAREDlWPIPROJECTS\CARSRUD DALE ZNCV\AGENDA CC ITEM SIDE SETBACK \2-2\-99 .DOC Meeting Date: File No: Location: Owner: Project: Variance Request: DE\ _OPMENT SERVICES DEPARTML." 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 comer lot with double frontage within the R-1-A single family zoning district to allow a 15 foot side-comer 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 99-012 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 comer 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:\SHRDATAIPlanningISHAREDlWP\PROJECTSICARSRUD DAlE ZNCV\ST AFF REP-Sida yard salbackv 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. _ ,TleES AND/OR LEGAL ADVER1....t:MENTS 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: Planning 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 PlanninQ and Zoning _NEWSPAPER(S) TO PUBLISH: The Post _PUBLISHED: November 8. 1999 APPROVED BY: (1 ) ---ru. u c"'? - (Originator) /0 P -f /2:<;- (Date) , (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\PLANNING\SHAREDIWPlPROJECTSICARSRUD DALE ZNCYIlEGAL NOTICE. DOC -OEPARTMENT OF DEVELOPMEN~ ,JEMORANDUM NO. PZ 99-24. TO: Sue Kruse City Clerk FROM: jo/v.r? Michael W. Rumpf Director of Planning and Zoning DA TE: October 28, 1999 SUBJECT: Dale Carsrud Zoning Code Variance 99-012 (rear and side setback) D..C\ -()\Co 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. _________.___ ~,___ ______ m'__..'____~__._ - 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~"'::> ~ (D'O l. '~yvl REQUEST FOR PUBLISHING LEGAL N~lCES AND/OR LEGAL ADVERTIS:'-lIIENTS 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: Planning 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 PlanninQ 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:\PLANNINGISHAREDlWP\PROJECTSICARSRUD DALE ZNC\ALEGAL 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 TTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S:\PLANNINGISHAREDIWP\FORMS\APPS\ZNCV\ZNCV.APP October 15. 1998