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AGENDA DOCUMENTS )TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a public hearing as indicated below, under and pursuant to the provisions of the Land Development Regulations of said City: Case NO.248 Owner: First United Methodist Church Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot front setback (a 15.8 foot setback is requested). Location: 101 N. Seacrest Boulevard. Legal Description: Parcel One. Lots 1 through 21, Inclusive, Block 8, according to the Plat of Boynton Heights Addition to the Town of Boynton Beach, Florida. (Revised Plat), as recorded in Plat Book 10, Page 64. Together with: Lots 38, through 41, Block 8. Together with: The East 95 feet (less the South 5 feet of the Easterly 19.96 feet thereof) of a certain 20.8 foot alley, lying between Lots 38, 39, 40, and 41, and the East 95 feet of Lot 21, all in Block 8, Boynton Heights, a subdivision of Boynton Beach, Florida, according to the Plat thereof Recorded in Plat Book 10, Page 64 Public Records of Palm Beach County, Florida. And Less: All that portion lying East of the Westerly Right of Way Line as shown on the Right of Way Map of Seacrest Boulevard as recorded in said Palm Beach County Records. And subject to: Resolution No. 64-R, City of Boynton Beach, Passed and Adopted April 6, 1664 and also: Subject to Easements and Rights of Way of Record if any. Parcel Two. Lot 36, Block 8, Less the West 5 feet and Lot 37, Block 8, Plat of Boynton Heights Addition to the Town of Boynton Beach, Florida, (Revised Plat), as recorded in Plat Book 10, Page 64. And also: Subject to Easements and Rights of Way of Record if any. Use: Church expansion A PUBLIC HEARING before the fining and Development Board will be id relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, February 24, 1998 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) 375-6260 PUBLISH: The Post February 9, 1998 S:\projects\First United Methodist\ZNCV\LGL-CASE248 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Manae:er's Office Meetinl!: Dates in to City Manae:er's Office D December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon) 0 January 6, 1998 December 19, 1997 (noon) 181 March 3, 1998 February 20, 1998 (noon) 0 January 20, 1998 January 9, 1998 (noon) 0 March 17,1998 March 6, 1998 (noon) 0 February 3, 1998 January 23, 1998 (noon) 0 April 7, 1998 March 20, 1998 (noon) RECOMME.NDATION: Please place the request below on the March 3, 1998 City Commission meeting agenda under Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 5-2 vote, recommended approval subject to staff comments. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. PZ 98-055. EXPLANATION: PROJECT: First United Methodist Church AGENT: Robert Hall OWNER: David Lynch (Trustee) LOCATION: 101 N. Seacrest Boulevard DESCRIPTION: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot front setback (a 15.8 foot setback is requested). PROGRAMIMWACT: N/A FISCALIMWACT: N/A ALTERNATIVES: N/A 7L~&tfz:~L~ City Manager's Signature Development Department Name ~-~L -dd~, ~ Planning and . ing Dir . or J:\SHRDATA\PLANNING\SHARED\WPlPROJECTSlFIRST UNITED MElHODIS1\ZNCV\AGENDA ITEM REQUEST J.J.98.DOC DE. ~LOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-055 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: February 24, 1998 Petition: Case No. 248 File No: ZNCV 98-001 Location: 101 N. Seacrest Boulevard Owner: David Lynch (Trustee) Project Name: First United Methodist Church of Boynton Beach Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot front setback (a 15.8 foot setback is requested). BACKGROUND The subject property is the site of the First United Methodist Church of Boynton Beach which is located at 101. N. Seacrest Boulevard, (see Exhibit "A" - Location Map and Exhibit "B" - Survey). The property is located within two zoning districts; R-3, Multiple-Family Residential District on approximately 80 feet of church property that fronts on Sea crest Boulevard, and R-1-A, Single- Family Residential District on the remainder of property that extends westward from that portion zoned R-3. The subject variance is located on that portion of the property that is zoned R-3. The reason for this variance request is to allow a future expansion of the church; the southern portion of its sanctuary used in connection with the music ministry of the church. This expansion, to total 1,506 square feet, would square-off the southeast and southwest comers of the sanctuary, bringing the southeast comer flush with another portion of the sanctuary and entrance to the church which are currently located 15.8 feet from the property line. The minimum required setback within the R-3 zoning district is 40 feet. Also a prerequisite to the planned expansion, is the request for abandonment of an adjacent existing alley (and the replacement of the alley with a utility easement that will occupy only a portion of the property currently represented by the attey). Both processes are occurring concurrently. As indicated above, the church currently exceeds the front setback along Seacrest Boulevard at two (2) other locations. One of these encroachments (the formal sanctuary entrance) is at the northern end of the front fa9ade and was constructed during the 1940's, prior to the / First United Methodist Church . PZ 98-005 Page 2 establishment of the 40 foot front setback standard. The existing setbad< at this location is 13.7 feet. The second location of encroachment occurred during the 1970's when the church was expanded. As the R-3 development standards were in place at this time, this expansion warranted the granting of a variance. The city granted this variance that allowed the building to exceed the required setback by 24.2 feet (the setback became 15.8 feet from the east property line). The following is a description of the zoning districts and land uses of the properties that surround the church: North - Single family homes, zoned R-1-A Northeast- Parking lot for accountant office and the Blossom Shoppe, zoned C-2, Neighborhood Commercial East - Seacrest Boulevard right-of-way and farther east is the City of Boynton Beach parking area, zoned Public Usage . South - Single family homes, zoned R-1-A and R-3, Multi-family Residential . West - Single family homes, zoned R-1-A The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.G.2 sets forth a 40 foot side setback for buildings located on properties zoned R-3, Multiple-family Dwelling District. The code states that zoning code variances cannot be approved unless the board finds the following: B. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to othef lands, structures Of 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 confef 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 undef the terms of the ordinance and would work unnecessary and undue hafdship on the applicant. c;; First United Methodist Church PZ 98-005 Page 3 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 As part of analyzing this request against the above criteria, staff evaluated the impact upon, and consistency of the church expansion with the character of the existing neighborhood, and alternatives to avoiding the variance request. The existing architectural form of the church was established many years ago, which, in general, will remain unaltered. With respect to alternatives to the variance, it is unlikely that the operational needs of the church could be accommodated otherwise given the location of the sanctuary on the site. Furthermore, the church could not be expanded on an alternative side without removing needed parking spaces' on the west side, or further exceeding the side setbacks of 20 feet (that portion within the R-3 district) and 30 feet (that portion within the R-1-A district). The side setbacks on the north side of the property are currently exceeded by approximately 5 feet and 16 feet, respectively. Although the side setback is exceeded much less by the church than the front setback, an expansion to the side of the facility would likely be inconsistent with the current form of the north side of the church which represents a fairly flush, regular, and consistent form. Lastly, although inconsistent with the modem intent of the R-3 zoning district regulations, the church design (front setback) is typical of other nearby properties developed years ago within the downtown area, is nostalgic, and represents a streetscape that the city is encouraging within the downtown and along nearby Boynton Beach Boulevard. RECOMMENDATION Based on the above analysis, staff recommends that this request by the First United Methodist Church of Boynton Beach for a variance from the City of Boynton Beach Land Development Regulations, Charter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot front setback be approved. This recommendation is contingent upon meeting those conditions of approval indicated within Exhibit "C" - Conditions of Approval. 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'" 1 ~ r b i>' 1 EXHIBIT "C" <J EXlllBIT "C" Conditions of Approval Project name: First United Methodist Church File number: ZNCV 98-00 I - front setback Reference' Zonine: Code Variance aoolication submitted Januarv 12. 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Submit a completed unity of title form for all lots owned by church, for X staff review prior to recordation. 2. It is recommended this variance approval be conditioned upon approval X of the church's concurrent alley abandonment application. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. None. X ADDITIONAL CITY COMMISSION CONDITIONS 4. To be determined. T JH:dim J:\SHRDATA\PLANNINGISHAREDIWP\PROJECTSIFIRST UNITED METHODIST\ZNCV\COND. OF APPROVAL.ZNCV.DOC DEVELOPMENP )RDER OF THE CITY COMMISSI' · OF THE CIT. JF BOYNTON BEACH, FLORIDA PROJECT NAME: First United Methodist Church APPLICANT'S AGENT: Robert Hall APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, Fl 33436 DATE OF RATIFICATION BEFORE CITY COMMISSION: 3/3/98 TYPE OF RELIEF SOUGHT: Zoning Code Variance - front setback lOCATION OF PROPERTY: 101 N. Seacrest Boulevard DRAWING(S): SEE EXHIBIT liB" 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 lHAS 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 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: City Clerk J:\SHRDATA\Plaming\SHARED\WP\projects\lst Methodist ChLrCh\zncv\DEVELOPMENT ORDER REV.zncy.doc