APPLICATION
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CITY OF BOYN~ON BEACH
BOARD' OF ADJUSTMENT APPLIC~TION
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Please print or type
Submittal date: 'So If.'!}.. ACdPtV>
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Submittal Deadline: Five (5) weeks before meeting date
The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special excepti9n or variance to
the existing Zoning or Sign Code of said City pertaining to the
property hereinafter described and in support thereof staters):
Property involved is described as follows: LotCs) ---1~
Block , Subdivision bOf dnv\ Pelt" \<.
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Plat Book 7' ; . Page IZL or otherwise described as follows:
,
Property Address 5'0" I~ W _ ~fh. LO\.Lrt
~e following documents are required
application to form a single package.
accepted:
/1. A sealed survey by a registered surveyor in the State of Florida,
not 9ver six (6) months old, indic~ting:
to ,be submitted with this
Incomplete paCkage will not be
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. . Easements~on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
'/2. A site plan properly dimensioned and to scale showing:
A. All proposed stru,.ptures _ _
B. All existing struc~res tnat are to remain on site
c. Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties inclUding right-of-way lines for all
streets and alleys, sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on
the site
./'3.
Certified list of names and post office addresses of property
owners and legal descriptions of their property within 400- feet of
subject property, as reco~ded in the County Courthouse. Such list
shall be accompanied by an ~ffidavit (see attached) stating that to
the best of the applicant I s knowledge, said list is complete and
accurate.
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I 4.
Proof of ownership of property by petitioner(s),
purchase contract agreement. If an agent is
petition, a notarized copy of a letter designating
accompany the petition.
such as deed or
submitting the
him as such must
Is.
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Statement of special: conditions, hardships or reasons justi.fying
the requested exception or variance 0 Respond to the six (6)
questions below (A-F) on a separate sheet (Please print or typet:
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, stL.lUf..t..u~&..... or buildings in
the same zoning district; Fte:(;c'''~LJ
AUG 1 ~ '9~~
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BO~ OF '~JUSTMENT APPLICATION
iage 2
B. That the special conditions and circumstanc~s 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 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. That the variance granted is the minimum variance that will
make possible the. reasonable use of the land, building or
structure; . .
F. 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.
6.
Applicant's address:
Applicant's phone I:
Date: ~ Signature of Applicant:
Application fee in the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
Name and address of owner: JrG...V\~\eV\ ~\",S;ca'l\e
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Name of applicant: SUd\ e.
S~~1_Al1~~~~ <;:+.
7.
8.
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To be completed by the Building Official or Representative
1. Property is presently zoned: ,f / /T Formerly zoned:' f(- /
2. Property Control Number: t!Jg'~ '/5 - L'/S<";! () -/ S-:-CJ~o .....0 - / J 0
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3. Denial was made upon existing 'zoning or sign requirements (list
sections[s] of Code 'f~ which'relief is required):
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~rd'/'~~, ,f,-'Z'/,~-: -<~,.2 &/,(/..; 4' .$,'4- ~'J/,,44A'w,r .
4. Nature of exception or variance r'equired: ;;0' t:!t1:1A../~' ~/<~/~'A4(7~ Ad/-
1:",;,/ ,YV /l/flE~s(;: ~hL ,,4 &'A/C= '/J. ~d ,y~ ',4,4{'oI ANd t',.;, :CU:-e';~
~ / /)1:<// ~~ ##d/ iIr ;: j--- ic?:~ d ~>r- ~~
Date: '1 '#. 'J... Permit denied:
~E.PT. J.' J Lqq 1
5. Case Number: ---1'--' 0
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To be filled out by Board.
BOARD OF ADJUSTMENT ~CTION: Approved b - 0
Aye &>
Stipulations:
Denied
. Nay <::)
Signed:
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j This Jtarranty lIleed Mudc. lIte 30th
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do}' of
July
A D. 19 86 by
Joseph Anthony Pontes and Bertha J. Pontes, his wife
'I('re>inufll'r cn/l('(l 1/.e> flmnlor. 10
Frank J. Po1lifrone and Helen A. Po1lifrone, his wife
"./llm' "o.~lolficc' ru/d,...ss i.~ 506 8th Court NW, Boyn'ton Beach, FL
IIl.n'ilwfll'r nll/,.d IIII' flnllll,',,:
(",'ht'n'\'('r \I,..d ht'lt.i.. rllt, If" IU~ "t.(ralltClI" at,,1 "'(r-,U1II'l'" illdutlt. .,11 Ihr pari it"" tel this in'tl ulllt"ul ami
1111' Iwi." It-~;d Il'pl nl'lltali\ C" ;\Iul a"ilo(u", or indi\'itlllal... alHI IlH' 'tlfT."'I.'" allel a,...i"CII' or ('tlqUH atiUfl'.)
Witnesseth: T/Il,1 IIIl' WIlII'O". (or (fI1l1 ill c'lIIlsid""Il,ioll of ,Ill' slim of $ 10.00 nrl(l n,/Il'r
!'cd'lll/,l" ,'ollsidl'rnliolls. n'('('i", 1I./Il'rl'o/" is 11l'r/'/,Y nd~II(JI..I,.d!".d. IIl'I"'/'Y !lrcllll.~. Imr!lni"s, sc./ls, n/i"IIs. n'
mise>s, rl'll'us('s, ('11I11"')'5 ((/111 (,(lIIfirms wllo '/1(' f/1"(1II1e>", "II ,/1(1' ('(,,.'ui,, IUllrI si'"u',' in Palm Beach
('oullly. Floridu, I'iz:
Lot 13, Gordon Park according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 26, page 122.
I.
SUBJECT TO: Restrictions, reservations and easements of public record; taxes
for the current year and subsequent years, which are not yet due and payable;
any applicable zoning ordinances of appropriate governmental authority.
I.
Iogether willi all lite le/wmenls, Iwredi'amen's and appurlenancc's ,Iwrl"o ')(,foll!JillfJ or ill (II1Y-
wise> upp('rlaillinf/.
10 lrtalle and to lrtold, ,/.e samp in fee simple> fore'ller.
iIlnd ,/te gran'or herel)y covenan's wit/. said gran'ee I IICI I ,he grantor is lawfully sl!ized of said land
ill fl'l' simplc!: I/.nt "W W(lntor IlCIs good right ancllawful (lu,/lority 10 sell (11\(1 COIl/1I'Y said laml; ,Iw' tll(>
nrelll'or lll'r"I,y fully warranls lIte Iille to said land al\(l will defend tlw same against t/l(! lawful claims of
(III persolls wllOmsoel,er; aud that said land is free of all encumbrances, except taxes accruing subsequent
'0 Decem/)er 31, 19 85.
uocuw.uraTf T.. .. .
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lIn Uitness Uhereof, II.e said gran'or IlCIs signed and sealed these presenls ,he day and year
first alwve wrillen.
Signed. sealpd and d~.~ivpred( iflr presence:
- .--~~(74:if~ii{rJ7"'"''''''''''''''''''''''''''
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'-.:~w!inii~~~mb'e-r~t::g-~........_................
STATE OF C6J.G~" l
COUNTY OF Cu-t1:tl:(':... \
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SPACE BelOW fOR RECORDERS USE
I HEREBY CERTIFY that on this day, before me, an oHicer duly
authorized in the State afort'said and in the County aforesaid to take
acknowledgmt'nts, personally appt'ared
JOSEPH ANTHONY PONTES & BERTHA J. PONTES
to me known to be the person S described in and who executed the
forc.going instrument and THEY acknowledged before me that THEY
executed the same.
WITNESS my hand and oHicial seal in the County and
State last aforesaid this day of
Julyjl ' A. D. 19 86
"(\~}\.,J~tiRY'~iiL~~~"'~"""""'.
'This InslrUlI/m/ prt'parrd fry: Executive American Tit
1225 N. Military Trai]
11ddms West Palm Beach, FL .
pr:('liPP \,l::ntrtEO
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1)3 Le_ tian-il_<IP
uate ___
Date ___
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5.A) We are requesting a variance due to the following special
conditions:
l)When the property was purchased in 1986 a major selling
point was a prelaid slab that was ready to be built upon. The
former owner had gotten the slab permitted and clearly notes on
his permit application "a patio and slab for a future addition
(please see attached copy "All ). There is no mention on file
that this in anyway was unacceptable. The permit was granted and
the slab was poured with the footer intact at a 6.5 ft side
setback and a 18.7 rear setback. So we are aSking for a
1 foot side variance and a 6.3 feet rear variance.
2) If this space is to ever be used for the purpose
designated on the permit application, which is to build an
addition, the cost to tear up and repour the concrete slab would
be exorbitant. Most people would be unable to finance such an
undertaking. At this point we have already over extended
ourselves to have the addition built as is. We are expecting
another child in December. We can ill afford to change plans now.
To tear up and repour the slab is impractical, to pick up and move
is impossible. To tear up the slab or to not build on it would
cause extreme personal and/or financial hardships.
3) We bought this house with the intent of raising a family
and growing into the house. We have one child and another is
expected in December. We are in dire need of space and another
bathroom. At this point in time we are financially incapable of
moving. We relied heavily on the fact that the property had the
potential to be built upon. We took for granted the fact that the
slab was permitted, inspected and was given approval by the city
so to us it appearred legal and a viable option if we needed to
expand. The lots in this area are somewhat small 100x60 and there
fore do not lend themselves to be built upon as in other areas
zoned R-1A.
B) We bought this~ouse with the concrete sla~intact. It was
legally permitted by the City of Boynton. We had no influence or
input into where or how the slab should be laid. We did know that
the slab was there, was permitted, was approved by the city and
was ready to be built upon. Other than that we had no effect or
input that created this special condition.
C) We do not consider it a special privilege to use our property
to the utmost. All construction will take place on our property.
Our neighbors will not be inconvenienced by machinery or the work
being done. The addition is being done for the sole purpose of
utilizing space in the best way possible. We are not asking for
any special privileges but the right to use our land in the manner
that has already been set forth and permitted by the city.
D) The literal interpretation of the provisions of this ordinance
would deny us rights that have been granted to others. There have
been several variances granted in the R-1-A zoning district. A
side and rear setback variance was granted to a neighbor in
November of 1975. Since that time at least two more have been
granted in the adjacent neighborhoods (Gordon Park and Laurel
Hills, please see attached copy liB").
We feel if our request is denied that it would definetely
cause undue and unnecessary financial hardship and would in fact
deny us of privileges that have been granted to others.
E} The variance requested is the minimum required. We are working
with a slab that is only 1 foot out of compliance with the side
setback and approximately 6.3 feet in the rear.
It appears to be a small amount of space in the scheme of
things. It is neither excessive nor flamboyant in any manner.
The side of the slab joins perfectly with the edge of the existing
house and the end of the slab runs up to the patio area.Once again
We would like to mention the fact that we are working with a
prelaid slab and the cost to make these chnges would prohibit us
from doing any building whatsoever. This variance will give us
the ability to b~ a high quality and aest~icallY pleasing
structure.
F) We believe the addition that we intend to build will embody the
spirit of the ordinance. It in no way will be detrimental but may
in fact have a positive impact on the area. It will be well built
and pleasant to look at.
In response to public welfare: Our neighborhood is in a
state of transition. Many young couples have recently purchased
and renovated properties in this neighborhood. Most of the
properties were becoming rundown and in disarray. We did the
exact same thing several years ago. We put a tremendous amount of
time, energy and money into this property to make this our home. A
home where we could raise our children. We did this with the
notion that the house could be built upon without too many
problems and the fact that we already had a slab poured made it
seem like a definite reality if the need arose. The need has
arisen. We are attempting to continue this momentum and encourage
others to improve their properties too.
We in no way intend to infringe on our neighbors rights. We
plan to continue the family atmosphere that has been established
in our neighborhood. We are certain that we have the support and
the approval of our neighbors ( see attached copy "e"). We are
confident that the Board of Adjustment will understand our needs
and will act accordingly, in everyone's best interest.
.
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