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BOARD OF APPEALS f'ij HEMORANDUM June 27, 1991 TO: PRE-VARIANCE BOARD MEMBERS: J. Scott Miller, city Manager James Cherof, City Attoruey Chris Cutro, Planning Director Don Jaeger, Building & Zoning Director FROM: Al Newbold Deputy Building Official RE: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT A pre-variance meeting is scheduled for Mondav. Julv 1. 1991 at 10:00 A.M.. in my office at the Building Department. This meeting is in conjunction with the Board of Adjustment meeting to be held on July 8, 1991. If you or a representative from your office cannot attend, please call me regarding your input, Al AN:pm Attachments A:PREVAR.DOC R.ECEIVED JlIt4 .t8 F>t..ANIVING O&c. ~ TO: Board of Adjustment Members FR014: City of Boynton Beach staff REFERENCE: staff site Analysis - Board of Adjustment CASE NO. & ADDRESS: #154 719 S.W, 27th Way MEETING DATE: July 08, 1991 CURRENT ZONING: R-1AA DESCRIPTION OF PROPERTY: Lot 12, Block 10, Forest Hills OWNED BY: Thomas L. & Marianna McCord' TYPE OF VARIANCE: Rear yard setback FACTS: 1. This property is zoned R-1AA, Single Family Residential District, and has a single family residence existing on site at present. 2. There is a minimum rear yard setback of 25 feet required and a side yard setback of 10 feet on each side, or 7 foot 6 inch side yard minimum required for lots platted prior to 1975 in R-1AA zones, 3. Appendix A - Zoning, section 4,M" SATELLITE DISH ANTENNAE, 1.(c) requires all satellite dish antennas to comply with the required rear and side yard setbacks of the zone in which they are installed. 4. The applicant installed a satellite dish antenna on his property without a permit, 9 feet 6 inches from his rear property line and was red tagged on 04/04/91 for not having a permit or inspection. 5. The applicant made applicatj.on for a permit on 05/10/91 but was denied because of the 9 foot 6 inch rear yard setback. 6. To obtain a permit and keep the satellite dish at 9 feet 6 inches from the rear property line, a 15 foot S inch variance would be required. pm XC: City Manager city Attorney city Clerk City Planner Recording Secretary Members - Board of Adjustment A: FACTS1. DOC ;. J"jl.ii... ~. t. ,. ..~. · f' :~ ") , '. It: ,. .' , ~ CITY OF BOYNTON BEACH "< 'rJ"' . ~V, ;;75.~ - t/-.?/ . . ., (])fle.1 Y~1~ 77 - , . BOARD OF ADJUSTMENT APPLICATION- Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: MAY 30 ~qq1 The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot(s) 17. 'Block 10 , Subdivision . FORF.~'T' HTT.T.~, "RnYNTON SCI:l Plat Book 25 , ,Page 57 or otherwise described as follows: Property Address 719 SW 27TH WAY, ROYN'T'ON RrH F~ ~~43~ The following documents are required to .be submitted with this application to form a single package. Incomplete package will not be accepted: 1. A sealed survey by a registered surveyor in the State of Florida, not 9ver six (6) months old, indic~ting: 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 ~o scale showing: A. All proposed structures - 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 n~mes 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 Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property purchase contract agreement. petition, a notarized copy of a accompany the petition. by petitioner(s), such as deed or If an agent is submitting the letter designating him as such must 5. Statement of special' conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type): 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; : , '. "'"7 .'. . ",. . BOARD OF ADJUSTMENT APPLICATION Page 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. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. 7. Name and address of owner: THOMAS & MARY MCCORD 719 SW 27th WAY 8. Name of applicant: THOMAS MCCORD Applicant's address: Applicant's.phone #: 7 732-1919 &_ 278 0422 Date: M~V 10 1991 Signature of Applicant: ----------------------------------------------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: R-lAA Formerly zoned:' R-1AA 2. Property Control Number: 08-43-45-32-01-010-0120 3. Denial was made upon existinq 'zoning or sign requirements' (list sections[s] of Code 'f~~ which~relief'is required): Appendix A - Zoning, ~ee. 4.M.1.(c) Appendix A-Zoning, See. 5. C. 2. a 4. Nature of exception or variance required: Code r.equires a minimum -, ",,- rear'yard setba~k of 25 feet. Applicant wishes to have a 9 feet. 6 inch setback. Therefore a variance of 15 feet 6 inches is requested. Date: June 10. 1991Permit denied: . ~ JEt. lJ_ . , Buildi~partment 5. Case Number: 154 Meeting Date: July 08, 1991 -. ----------------------------------------------------------------------- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay stipUlations: Signed: Chai:rman "" ~ . t. ~r- ____ . , ., ' \ . I' " ' ow. BOYD'S & .McCORD, INC. DEUlAY'S OWEST Delray 278-0454 278-0422 Fax #I 243-9347 STATEMENT OF SPECIAL CONDITIONS 5. A. Because the site is well screened by shrubs, trees and existing structures the antenna location is the least con- spicuous'open space on the parcel. I B. Lot coverage by existing structures were not planned, approved or built by applicant. C. Satellite dish antennas are popularly accepted state- of-the-art technology available to most zoning districts. ;0;. D.Literal interpretation of the provlslons of this chapter would deprive the applicant of enjoyment commonly avail- able to the majority of citizens with interests in sate- llite'tv reception. E. The varance requested is the minimum variance that will make possible reasonable use of the land and dish consistent with public health, safty and welfare. F. Because the structure is soundless, odorless, screened, and in no way health threatening, the granting of the variance will be in harmony with the general intent and purpose of this chapter and will not be injurious to the area nor otherwise detrimental to the public.welfare. i , : 640 N ,E. 6th A venue (North Federal Highway), Delray Beach, Florida 33483 /~ \"CT' \-6 I f- uJ lJJ ~ t i 'E. Z\\..G.1:' I. "3 '1' 1 ~Q-r \ ,-.., I' [ '.: ~ '--l".. L.o-r Z \ ,...., '. ..., ~ o . 8'5.0' poweR I..\t>lS"'7 p t""- " ! ~ 0 p ~h .,.~. -~O"; If /I II i. " .. ~ 1- ., La, \\ U 't .. '1 '0 J . 'an 1 0 .. , - ~ U o.-z! It - :) \J ..r 1- .. 2 ". 0..' c( r II ~ 'UJ -&I' \I) N 1.. o ~ ~O. ,",0 ~D .Pl"a/c ... -411, J p- iP N .._~c.. W.....I..K .w tJ\ '" . qO '\ 815.0' \: ""'D. \.a. ---. II 2' ,.-ratWT ~\~\04'~. Po"'-'CR. \..,~~ ? f> ~ <t ~.-W:--"2-r-r"" ~'\ WA'( -... "ZO' ?AVQ~~" ? J' ~ TYPE OF SURVEY: BoUNDARY . IHEREBYCERTIFY..TO: THOMA? L. iMAR/AAlAJA MCCORD THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THE SURVEY REPRESENTED HEREON COMPLI S WITH THE MINIMUM TECHNICAL STANDARDS. AS S H BY THE FLO IDA BOARD OF LAND SURVEYORS. PUR 0 SE ON 27. FLORIDA ST A lUTES. .iif';{ '. .1 ., :: i DATE RESURVEYED ELEVATIONS BASED ON N G V D, BENCHM :). lY1. . RIfE^' AILEY &. ASSOCIATES Land Sur~eyurs I . Florida Certificate No. /U?52 Verify setback requirements prior to construction. Loca tion measurements are not suitable for construe purposes. Restrictions not indicated on this survey may exist. No search of the Public Records has been made by th This Survey is not valid unless sealed with an EmboSSl SUlvuyor's Seal. _ . I' I Ii:! .. . :/' , 1 . I ~'.~i# I .' . !jI -.:::r / .;;:;~ :1/ :/' :1 S; CTION I I I ' , ". 'fi ~' 'f (.) r €-18> ,REC I ; I I I f .../ (J ~ J@) IJ REC I@6-:J l ... 1\ .. .:- -. 7r . -0- "-, 4" ,., ~.. . ~ .,~Iffor ""' '- ,~ III ,.111 2'~~ 0. ~- 10 @) 7 ; I ; .~'. ..... Iii , ~, .. .. &f' "0' , .~ ... t _ Iii 'r SW 24th _ AVE I 0((. ~,' .~'11' · ~ /i 80' " ~. 85' .~' '10' Sit 24111 AVE. - 2. I 1 ~ I If. ""', ...." :s ,RIDC EWe; DO .. 2 ! ~. It) _- .c ~ ~ f3\ 8 . I :"u.0 ..' ~ ESt TES ~ 14 !, \2J t......' . , ~.~~ I M~51'~ .. .. '~VE ~'-" ~'...~ "'~1: ~ ~37-98,~~) ~U1' . &0' " " .. ... Bo. sw 211fh AVE., .. ~ ~ I ! 1 r I '~..' ...~... · U) ~. I ~ ~2:.'~"~'" . t;q\ '''~I ',~... .~. i & I~..: \ 13 0 \::::..J ; 8 ~ ..~. .... . to' _' -.,,' - ,t' .. .. 8li'" '00' ~ I z.o ~ ~ I t i cP i SW 26th PL I .... (I'" 110' nO HO' : : oo,:1'i', '1.i il~I4-~ o "0IIII ..0' ~. .. R E C : ~ · "0' 4 ~ ; I....~ ' r;;-., rn . -~ . , 10'\ . ~ f2\' I . 1101 : ~ : 0: ti; 3."'" .... ;\:~""____' ~.~~~~;t\ AT .1 ~' ~'. IIn' ~ . ,,' 14.' .,s' 7'" ", ~" I .~ 12 if: ~ 0 'i .!, '; rn ~ 7 : ~ 8 : 0". ..' 1.1 ,.' So' K' 10'" ~ "0' UO' ~~~~ h . 10 1/ ~ ~'O ; 2 . SW 27th AVE ~ 04>",; os' w..~" -... t AVE' ,~' ,,,,,. t.... '.o'~' /J"" 1# I ~,..' .~.l~o' I.' ~.iOJ .) ~ ~ ,\,. - . ,,~,W 27t h .i 5 8 IJ D . ~1'\.,,:1 :10~~ I lOS' .o~' . .. ,('0., ~ ... n' , I I Zf.o ~ : I . t;l f, I Fh ~[C'~~;~/t; " ~r-/trll \til-1ki ~~'i i ~ i r.:i\ . '7{ lJl>' SO' ~.I'" IJl>;!: I~', 'l( ~", -~ ",#~P;-! W 1(0' ~ .. :a . SW 27 th PL i ~ 3 ~ ~ · '(;' 10' @v X 11 fiifX <~ @~~D!:;~.~ : (25.74): :- :~, .3&' 1- I ,-JI'I.) k U', I).a"?\ _ /~ "'. I) .. : ~ o,l "1' .,;. ~, .. '~I ~~, if~ W ~W X ~,21 ~ b : , ;... f l SW 27th WAY j - : , ~ .::' 'T I@ ~ 1J.1~~ ~ ~ @ ~ ><- k ~:r : ~ ~ ' ~ ~ ::', _' .. 40' ~~j~/fif- ~ I y ~ >S><..~ li; , p:.~ :a sw 27th TERR Z 7 H'" " 't 10" ,. f '" '1" .". a.. " It Be' ,.. ~ ~ ~ "j @) I: ~/,/V@ /I'X~""..; Ill' ...' 81'. a:A'- "'4.... /' f..t#I'." la' "', g" ,~, 14 .~ ; Ie., , - .. .. " .",~. "'Z. 8~' '01 at "' eol 8~' 101 5 "3 ..' K', 1~" W '-0. PARCEL' . A. ~ ~ ~.~.'~ ,..' .. ...- zo ~ '" UI : ~: @),rn: -I . ~ ~I o : rn:( -I @ ./ . ..!II ~ 4,7 !lAC SE.tICRE )T ' H I ~L S : -I -I . ~ 1/ '.. . fO~. ::, ....ll 'i. ~ lll;;/\ I' ... -I ;. ... 1-1 AVE /os ' /'i ze..;" ;. "'=~ - v~ ~ ~ t - .~ rn' @). :( .....; ;J?,o !.,., ~ 0"1' ~ ~ ..' '11 , : - i: .. .. i ~ - ;. .. :a ~ SW 28th AVE .. .. .. aI' "0' ,-, r.,' .. .. " .. @ I f , @ ! J a.' ...' !8~ 1",.,1 - ~ ,~., .g ... : I~ '1: :a --:.. .!H' ..j. J ...!.S 28th AVE ~ ,. 10 1. '.} .,~' J ,..J!J 1\.!::1'f' 1/ AI' 1..,,_ III: , I U' ..... - :- -- --. CASE #155 - Page 2 FACTS ON THE VARIANCE REOUEST (Part II of the application): 1. All of the Facts as stated in Part I, numbers 1 thru 6. 2. A church is located 710,2 feet northwest of the applicant's site on the corner of Starboard and congress Avenue and southwest are two parks, one pUblic and one private, The public park is 1,592,9 feet away but the private park is 547.9 feet away (see attached). 3. The distance requirement of section 11.L.l. would be required based on item #2 above, even if the Farm store automotive station did not exist. pm Attachments xc: City Manager City Attorney City Clerk City planner Recording secretary Members - Board of Adjustment A:FACTS2.DOC COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE NORTH 85 DEGREES 10 ..MINUTES 24 SECONDS EAST. ALONG THE NORTH LINE OF SAID SECTION 8. A DISTANCE OF 60,01 FEET; THENCE SOUTH 03 DEGREES 40 MINUTES 59 SECONDS EAST, A DISTANCE OF 52.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 40 DEGREES 44 MINUTES 43 SECONDS EAST, A DISTANCE OF 35.00 FEET; THENCE NORTH 85 DEGREES 10 MINUTES 24 SECONDS EAST, ALONG A LINE 28,00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SAID LINE BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF HYPOLUXO ROAD. A DISTANCE OF 165.49 FEET; THENCE SOUTH 04 DEGREES 49 MINUTES 36 SECONDS EAST, A DISTANCE OF 219,96 FEET; THENCE SOUTH 85 DEGREES 10 MINUTES 24 SECONDS WEST, ALONG A LINE 247.96 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 193.43 FEET TO A POINT ON A CIRCULAR CURVE TO THE RIGHT, WHICH RADIUS BEARS NORTH 85 DEGREES 34 MINUTES 33 SECONDS EAST; THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE HAVING A RADIUS .OF 11399.16 FEET, A CENTRAL ANGLE OF 00 'DEGREES 44 MINUTES 28 SECONDS, AN ARC DISTANCE OF 147,45 FEET TO A POINT OF TANGENCY; THENCE NORTH 03 DEGREES 40 MINUTES 59 SECONDS WEST, A DISTANCE OF 48.04 FEET TO THE POINT OF BEGINNING, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE. LEGAL DESCRlP11ON: A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , . i: I' I , i ~ ii j! l I' ;... ,\ , , ~ :1\i I," " .... q, ... ~ _ __.___'"____.___~..____+~____O........,..:t__..!__1: ,~.. \ II 4 ~!WI l!- ~:\:.;:a..!~~~ ~t .- .~' ."...... "... '. L--,~ .. ,.,.... \ -- <I> - .~ .:>., !.. ~ ~ ~ 1\' .. ~. '.' -. ~ l. \.u,.:'" '^';: 0 I , I ~ ~ ~ j ~ ~. ~ 11'_ F ~ It H. ...- .!' ' . , 10'" It .. - . ~ .... ,;', ,..i.. ....,. . _ ~ '. _' ....... '.' ~-;;l ~,.Ji- , ~ (,0 .... . '~~L.. ... ~:_ ~"!. ... :..L -1 - n if-I ~"'I 1"1.::. ,}.. I .,.,;.e." '.\?' -'" ~ -- "" , .. l' 1+'" 1 . ,l'" "rl - ~:: 1~ I'!.. ~ ...:(; \ ~"i;" .'r; ....... .r>, .1.. ... !.- ~. 1. '9. "- " . . 1/';' II '''So'' ...""" r~~ - r:\'k.,- . :"" /~ . L : -~ _ _-;_ 'O----:P_-U<i.:2. ~ ~ - · /Ill · ,,,4. #I N · ,. ~. -,..- ~ ,~I"""" - ~;. ~ .. 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BOARD OF ADJUSTMENT APPLICATION ~, tOQ.. .J u ~5 lb: " tr2)S &~ Submittal Deadline: Five (5) weeks before meeting date Please print or type submittal date: 6- j- 9 f The undersigned owner(s) hereby respectf~lly petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Lot ( s ) .s;~-:::ti ~~A'rel Property involved is described as follows: Block , subdivision Plat Book , . Page or otherwise described as follows: Property Address 4798 North ~ongress A~~ue The following documents are required to-be submitted with this application to form a single package. Incomplete package will not be accepted: 1. A sealed survey by a registered surveyor in the State of Florida, not over six (6) months old, indicating: 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 G. Utilities on or adjacent to'the H. Legpl description I. Number of acres to the nearest J. Location sketch of property K. Surveyor's Certificate site site one-hundredth (1/100) of an acre ""- ,2. A site plan properly dimensioned and to scale showing:. A. All proposed str:us:tures -, 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 Affidavit (see attached) stating that to the best of .the applicant I s knowledge, said list is complete and accur a te . ._ "'-1 Proof of ownership of property by petitioner ( s), such as deed or purchase contract agreement. If an 'agent is submitting the petition, a notarized copy of a letter designatinq him as such must accompany the petition. . ~ 4. s. Statement of special: conditions, hardships or re~.sons justifying the requested. exception or variance. Respond to the ; six (6) questions below (A-F) on a separate sheet (Please print or type): - 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; .~ ,.(' \ ;)'./ ~ d~ \ . , '. . D0ARD OF J\OJUSTrIJENT ,\PPLICi\TION Paqc2 D. That the :;pcc.:..Ll.~ "'::':);~G.;' ~;,o"'G <ir.c.:. circumstances do not result from the Ll.ctiGn~ of t~c ~pplicant; _ C. Tha t l]rant~ng the 'Ja1.- :'~lnce requested will not confer . on t~e applicant -an1 special privilege that is denied by th~s 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 m~n~mum 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. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. 7. Name and address of owner: Lennar Homes Inc. 8. Name of applicant: Stuart A. Miller. Vice - President ApplIcant I s address: 700 N . W . 107 th Avenue Miami Applicant I F: ohone D: 305 559-4000 Da te : "/11 / Q 1 -- Signature of Applicant: De Santi I.gen t ._----------------------------------~----------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: C-3 Formerly zoned:'PUD in 6-3-75 '2. Property Control Number: 08-43-45-08-00-000-3020 3. Denial was made upoI! existing . zon;ing or sign requirements. (list sections [s] of Code fl!'"OIJl which....relief is required): - see attached 4. Nature of exception or variance required: J' ... see attached Date: June 10, 1991 Permit denied: 1. ~ R/-Jf'~-- . uild~ng Department 5. Case Number: . 155 Meeting Date: July 08, 1991 -----------------------------------------------------------------~----- To be filled out by Board, BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay Stipulations: Signed: Chai:rman .' " . Attachment to Board of Adjustment Application - Case #155 3. Appendix A-Zoning, Section 1 (definition of terms - Automotive Service Stations), section 6.C.1.p (permitted use within a C-3 zone) and Section 11.L.l (minimum distance of 1,000 feet between the nearest property line of the land upon which a proposed service station is to be constructed and the nearest property line of land upon which any other gasoline service station, church, public playground, hospital, public school or other similar public or semipublic place where large numbers of peopl~ congregate is located). 4. This site is within 1,000 feet of a service station, two recreational facilitiesiparks) and a church at Starboard and Congress. In order to construct a service station, the applicant would need a variance from the distance requirement of Appendix A-Zoning, Section 11.L.l. Also, the applicant is seeking an appeal from the Building and Legal Departments' interpretation of Appendix A-Zoning, Section 1 - that the definition of an automotive service station is any business which has retail sales of gasoline or other motor fuels and accessory uses such as the sale of lubricants, etc. (see attached). - ~ AN:bh 6/91 BRDOFADJ.DOC " " , ., See,l BOYNTON BEACH CODE AUTOMOBILE. An automobile or motorcycle, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles, ' AUTOMOTIVE SERVICE STATIONS, The use of a butlding or other structure, on a.lot or parcel of land which includes any retail sale of gasoline or other motor fuels, and accessory uses such as the sale of lubricants, accessories, or supplies, the lu&i. cation of motor vehicles, or the minor adjustment or repair of motor vehicles (see definition: "minor repairs"), No vehicles shall be stored nor major repairs done on the premises. A public park. ing lot or public parking garage shall not be a permitted aCcessory use to an automotive service station. BAR OR COCKTAIL LOUNGE. An establishment which serves or includes the serving of beer, wine, or liquor to patrons other than in conjunction with the serving of meals. BOARDING AND ROOMING HOUSE. A building other than hotel or motel providing lodging and where meals are or are not se,rved for compensation. BOATEL. Yachtel. BUILDING. Any structure constructed or built for the support, enclosure, shelter, or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything., having a permanent location on the ground and shall include, but not be limited to, such structures as homes, hotels, motels, apartments, stores, service stations, radio towers, billboards, cdol. ing towers, tanks, smokestacks, grain elevators, and silos. Such terms shall be construed as if followed by the phrase, "or part thereof. t1 BUILDING AREA. The portion of a lot remaining after the required setbacks have been provided. Buildings may be placed in any part of the building area, but limitations on the percent. age of the-Iot-which may be covered by buildings may require open sp:\;e within the buiiding area, BUILDING OFFICIAL. The official in charge of the tuilding department, or his authorized representative charged with ad. I Supp, No. as 1876 , . , ., . . . ............ .... ", .......... .,' ... ..... ". .. ......... . " .....: .. . . , . . ... " . .' '. .,,'. ..:::.:. : .;':: ",',' ....... " " ... . :-:}:: >:. '::.: :::~.';':.:'::.':::.::::::i ........ ":. , . ,:. ::- . I \ '. ',f~.q..J ~;. f . '. ., .... . . . - . . . ~ . . ,. . , ~ '-.. .. APPEAL FROM ADMINISTRATIVE DETERMINATION/ REQUEST FOR VARIANCE LENNAR HOMES, INC./MOBIL OI~ SERVICE STATION SITE INTRODUCTION The subject property is located at the Southeast corner of Congress Avenue and Hypoluxo Road. It is approximately 37,500 square feet in area with 177 feet of frontage on Hypoluxo Road and 213 feet on Congress Avenue. The present zoning is C-3, Community Commercial. The 11.5 acre undeveloped site surrounding the subject property to the South and East is also zoned C-3 and has been granted site plan approval as the Boynton Lakes Plaza shopping center. HISTORY and PURPOSE On January 18, 1991, a proposed automotive service station site plan was submitted to the Technical Review Board (T.R.B.) for the subject site by Julian Bryan & Associates. An initial staff review and comments dated February 5, 1991, stated the need for a variance to City Zoning Code Section 1I.L.I. (1000 feet minimum separation between service stations). A variety of comments from the various members of the T.R.B., were subsequently addressed and re-submitted on May 6, 1991. At the T.R.B. meeting on May 16, the T.R.B. affirmed its position regarding Section lI.L.l. and the need for a variance before the project could proceed further. Based upon the above described circumstances, the applicant respectfully requests the following: I. Appeal. A~etermination that the Farm Store located at the Southeast corner of Meadows Way and Hypoluxo Road is a convenience store and not an "automotive service station" as defined in the Boynton Beach Zoning Code. As a result, the 1000 feet separation requirement would not apply to the distance between the Farm Store and the subject site, and a variance would be unnecessary. II. Variance. Absent a favorable determination of "1" above, a variance to Section II.L.I. would be required to allow a service station to b~ located on the subject site within 1000 feet of the Farm Store. ' I. APPEAL: FARM STORE IS NOT AN AUTOMOTIVE SERVICE STATION An "automotive service station II is defined in Section 1 of the Boynton Beach Zoning Code.. This definition makes no reference to the sale of convenience goods as a principal use. Rather, the definition refers to the sale of gasoline and "accessory uses such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, or the minor adjustment or repair of motor vehicles". Clearly, this definition contemplates that the principal use of an "automotive service station" is the sale of gasoline. .- ...",1 t., . . ". . . " . , .'" ~, . '~." ; ",' , . .. --=- - .,.. , " .,,~' .~ .'~.'.., ~",~ ,', " ~::: ;:.: .' ' :" .! t'-.' . ,.. "::: ., . 1 ~_,!"', - . " e. The success of an automotive service station is largely dependant upon it's location, visibility, access and volumes of traffic on adjacent streets. Accepted traffic standards show that the vast majority of customers use these businesses on a "pass by" basis, rather than as a planned destination. The motoring public expects them to be conveniently located on major thproughfares. A convenience store is specifically identified as an allowed use in a C-2, Neighborhood Commercial, Zoning District and is further allowed in C-) by incorporation of the C-2 permitted uses by reference. The C-2 Zoning District also allows service stations provided they front on one or more four-lane collector or arterial roads. The C.) Zoning District contains no such language, but is the more intense or liberal district. Clearly, each principal use is expected to have it's own identity based upon location and products offered for sale. The existing Farm Store at the Southeast corner of Hypoluxo Road and Meadows Way is a convenience store that also sells gasoline. as an accessory use. It is owned and operated by Farm Stores Inc., an approximately 250 store chain of convenience stores. The primary business of a Farm Store is the sale of retail convenience goods and not the sale of gasoline. The gasoline sold is a generic brand, not advertised as the product of any major oil company. Only 40% of all Farm Stores sell gasoline as an accessory or ancillary use. The Farm Store has no access onto Hypoluxo Road and only has internal access through the shopping center or via Meadows Way which connects to the Meadows PUD to the South. This site was never intended as a high volume business location due to its severely restricted access. To the South and East of the facility is the rear service area of the shopping center. To the West, screening the facility from apartments on the West side of Meadows Way, is a 5 feet high masonry wall. Along the North line is an existing drainage canal that eliminates the Farm Stores' access to and direct frontage onto Hypoluxo Road. II. VARIANCE REQUEST: ZONING CODE SECTION 11.L.I The City Zoning Code provides that, in order to authorize a variance, the Board of Adjustment must find 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. The existence of the Farm store, if defined as an "automotive service station", would not allow the requested use of the subject property as a service station site due to the 1000 feet separation requirement contained' in Section 11. L .1. All other applicable - 2 - t. .;. . . ~:.- t. . . requirements of the City Zoning Code and other City regulations will be met in the development of the subject property. No other undeveloped site in the City properly zoned for an automotive service station will be affected by the granting of this variance. The 1000 feet distance separation requirement contained in section 11.L.I is applied using an "airline measurement". Ordinarily, airline measurement is the same as vehicular travel distance for gasoline service stations located on the same thoroughfare. However, due to the unusual location of the Farm store, with its access being at its Southwest corner, the airline measurement in this instance between the Farm Store and the subject property is just over 600 feet, even though the actual vehicular travel distance exceeds 1000 feet. B. That the special conditions and circumstances do not result from the actions of the applicant. The applicant merely desires to use the subject property for one of the uses allowed in the C-3 Zoning District. The location of the Farm Store at its present site and the subsequent interpretation that the Farm Store is an "automotive service station" are matters that did not result from 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. The granting of this variance will not confer any special privilege on the applicant. No other similar condition exists in the City; that is, no other convenience store that has been defined as an "automotive service station" is located within 1000 feet of a potential automotive service station site. 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. . As stated in "A" above, the definition of the Farm Store facility as an "automotive service station" denies the applicant the same permitted uses available to other owners of land within the same zoning district. Both the applicant and the travelling public are adversely affected. The size of the subject site, the adjacent zoning and its location at the intersection of, two four-Ianed thoroughfares limit its use. No other service station is located within a mile of this site, nor is one likely to be developed due to a variety of circumstances. Presently, over 50,000 vehicles a day pass this location and at least 75% of the occupants of those vehicles must go out of their way to purchase gasoline in this area. Other possible uses of the site, such as a large convenience - 3 - !. . ."., .' . .~\~?:~;:: . . ~ ..~._- '- .. store or. fast food restaurant, generate 200% to 300% more traffic, than will the proposed use. B. That the variance granted is the minimum variance that'will make possible the reasonable use of the land, building or structure. The only purpose of the variance requested is to allow an automotive service station on the subject site within 1000 feet of a convenience store that has also been described by City staff as an "automotive service station". No other variance is required and all other applicable regulations of the City will be met. 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 detriment to the public welfare. No attempt to increase intensity of use, reduce open space, exceed height restrictions or other possible infringements to the surrounding area have been requested. Many other uses would generate more traffic than the proposed use of the subject property. The stated intent of the C-3 zoning District is "to encourage the development or appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three or four neighborhoods and located adjacent to at least one major thoroughfare". Both Hypoluxo Road and Congress Avenue are classified as major thoroughfares. Intersection improvements, including additional turn lanes, are presently being planned for this intersection, and the applicant has he en requested to donate necessary additional right-of-way for these improvements. Internal access to the Boynton Lakes Plaza shopping center from the subject property has been required by the T.E.B., which will further reduce dependence on adjacent roadways. Well over 50% of the traffic through this intersection travels South on Congress Avenue and East on Hypoluxo Road to and from the Interstate 95 interchange. An automotive service station is ideally suited for this site. Negative impacts associated with a restaurant or convenience store as large as 4,800 square feet pn the subject site, are apparent. The applicant is willing to commit as a condition of the variance that uses shown on the site plan submitted as a part of this request will not exceed the sizes shown, thereby assuring the City of the limited impacts of the proposed use. PI \WPPILES\JENHIPER\L\LEHHAR\BOYNTON.BEA\VARIANCB - 4 - " ::-' ,;.. (S '-f ,,,.... --' MEMORANDUM TO: Mr. Vernon Thompson Board of Adjustment DATE: June 27. 1991 FROM: Sue Kruse. City Clerk RE: Meeting of July 8. 1991 Andrew Haynes contacted this office to advise he will be unable to attend the July 8. 1991 Board of Adjustment meeting as he will be away. ~~ SK:s1b Al Newbold /' Board File Absence File Recording Secretary cc: TO: See Below DATE: July l, /\ ~ (,It..f.',., '- ',..I ..... t"'" , 4,.,' II' I ; ; ~ Ju/~'J,j FIt; '\ ... ,'991 /II> M E M 0 RAN DUM FROM: Sue Kruse City Clerk RE: . f\) Thomas L. & MarIna Application to Board of Adjustment for 7/8/91 meeting -- Case No. 154 Attached please find copies of the following four letters recieved in connection with this application for a variance. 1. Letter from Max and Marion Grizzard 2. Letter from Edward V. Ditmars 3. Letter from Willaim E. Grapentine 4. Memorandum in response to phone call recieved from Ms. Marguerite Tolpo. o b.t--.,-/ ~~ ~'~/./M j Sue Kruse cc: R. Eney J. Miriana T. Newton A. Haynes H. Solomon V. Thompson B. Uleck K. Clair P. Slavin A. Newbold M E M 0 RAN DUM TO: Board of Adjustment Members DATE: June 21, 1991 FROM: Sue Kruse City Clerk RE: Case #154 Ms. Marguerite Tolpo, 2839 S.W. 6th Street, called this office today expressing her opposition to Application #154 submitted by Thomas & Mary McCord for the installation of a satellite dish antenna. This will block her view to the west, the only view she has with being handicapped and con- fined to her bed most of the time. She has lived in this area longer than anyone and cannot understand why laws are continuously being changed for the benefit of some people. She would like the Board to consider how it would look if everyone had a satellite dish antenna in their backyard. ~~ sk cc: M. Tolpo 6 /:yJ-,/i / " " l'~ ~ . , 0/ /~-1 .. / ;/ / "i I "' \....,. <..- '- ~):-, ,r , . I;'\'~ . 'i'/~ -' / '- ' \ /" .//- /I' , / - '</ ' '----.}.... ' / ---";" " ~,>,;j/ (t.. }, , , I /1; ~ ~ j' r. {' ..' _ J () //-1 0 t~ '} ? ill ,tJA-.{/'A"-tC 4J ' / 4--J,'d---"'" ',il L-!l~ -1~c.A~ v ~J '" " ,-' TV " J ( 4 tL1 1./ . -il (J ,J, ' ,- ./ \u.~ ./" . /. . L.---fC-. -"eJC!2/.-7 ~~~ -..>/ '7 Z3V.c ( // (J /' /!' _ ! ~.(/7L/ ~' /~,/~t I&:.,,",I?, // /,x7 ,,(, ( L _ _: "A'~'Cd .:7, -ll'" ct~G<' C? 4~' /' c=-t =t~...- I /", . cv<-~ CO' /,Ctl.-C '</....:./?C ,.l , ! ~ ?' /< < F' ..-- ' /. C.' /" u /) " ./)" . 1, -' C'/' , } L. 7.. '/ / t L- 'vL' ,i i- J"' / L <...~~A "~L .- . a;; . ------- ~ ~ ..-_.__..--~-----+ _._--_._----~---"~ .-- - I ---- EDWARD V. DITMARS 909 Southwest 27th Place Boynton Beach, Florida 33435 .....,. --"'June ./t! .~~ '.,"-'" \, "'"f"'-'" -"' , " 22,1991. ;; j Ms. Suzanne M. Kruse City Clerk City Of Boynton Beach POBox 310 Boynton Beach, Florida, 33425-0310 .'; C--:'. We have receiv~d your notice for a request for a varience to install a Satellite dish antenna at 719 S.W, 27th Way. We do not oppose this request and wish them good viewing, Sincerely, ~ ~ . . ~ ' . .,U, -'&/:..14_ /. ~ Edward V. Ditmars Copy to Mr.and Mrs Thomas L, McCord 719 S.W. 27th Way Boynton Beach, Florida. 33435 -- -- '/~7/ql (J~ --?l~.5~~~ /~ C:t-;~ j j~;QV-~ ~~ ~~ ~ olfJ- -(;- -d 5'~ ;;J Ch.~ PJ-+ -ti /fY1 '-w ~u- - W ~ ~ ~ O"U- PJ-+ rrvr ~~w /~~ . rYJ af J- ~ ~ J:j~3 J 726 Sw 27" W"( 8yr-7'o-J ~/ tz M E M 0 RAN DUM TO: See Below DATE: JUly 8, 1991 FROM: Sue Kruse RE: Thomas L. & Marina McCord Application to Board of Adjustment for 7/8/91 meeting -- Case No. 154 Attached please find copy of a letter from Thomas Allen stating no objection to this application for a variance. .._/~~ cc: R. Eney J. Miriana T. Newton A. Haynes H. Solomon V. Thompson B. Uleck K. Clair P. Slavin A. Newbold ., . . :';~;...~ ~~ ~~I',~':", :~;':f;',.; ."~';"', . ,i~. ~: .~.'. ~--'" -7 I ' ----~ /--;~:~/ ), , hfeD!.. . /~ ,. I 1VlJl 0 01)."..... ~ fO,,_ U'r 0'0", t..... ' I 't,. _ C/h. '~trOtl . . " "T ('Ie , . .r<J..JYI, 011-r-,-'. ....J,v i , I f' NOTICE IS HEREBY GIVEN that the following applicatibn.:-tra~ been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the variance as indicated, under and pursuant to the provisions of the Zonina code of said City: (r NOTICE OF PUBLIC HEARING Case #154 Owner: Thomas L. & Mariana McCord Requested Variance: Code requires a minimum rear yard setback of 25 feet. Applicant wishes to have a 9 foot 6 inch setback; therefore, a variance of 15 reet 6 inches is requested. Proposed Use: satellite dish antenna Location: 719 S.W. 27th Way Legal Description: Lot 12, Block 10, Forest Hills A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, July 08, 1991, at 7:00 P.~. Notice of a requested variance is sent to property owners within 400 fee~ of the applicant's property to give them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date, If further information is desired, call 738-7408, City Clerk's Office. All interested parties are notified to appear at said hearing in person or by attorney and be hsard. Any person who decides to appeal any decision of the Board of Adjustment witll 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 th~ proceedings is made, which record includes the testimony and evidence upon wh:ich the appeal is to be based. j- --li~ /HO ~'V7. <-~/t:~ ;:<.~cz iT?.... 7 ;,1-3 S 1 t/ ~ 7 t+. l.-t/cz.-~. PUELISH: BOY~TON BEACH NEW~ June ~O, and June 271 1991 CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY C:'ERK --- --~--~ --. MEMORANDUM July 8, 1991 TO: Lynne Matson Conunissioner FROM: Al Newbold Deputy Building Official RE: BOARD OF ADJUSTMENT MEETING OF JULY 8, 1991 Per your request, attached are copies of the packages sent to the Board of Adjustment members for the meeting to be held tonight. If I can be of further assistance, please advise. AN: bh Attachments XC: Arline Weiner, Mayor Edward Harmening, Vice Mayor Lillian Artis, Conunissioner Jose Aguila, Conunissioner J. Scott Miller, City Manager ~ ",:4 REQUEST. DOC r' I"iEMORANDUH ~ June 27, 1991 J, Scott Miller, City Manager Jarres Cheraf, city At~orney Chris ~utror Planning D~rector Don Jaeger, Building & Zoning Director TO: PRE-VARIANCE BOARD MEMBERS: FROM: Al Newbold De?u:y Buildlng Offiela: ~E: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT A pre-val-iance roee t.:'Lg 18 sC~1edulEd for fvlond3.v, Jul v 1, 1 S 91 at JO: 00 lLJ~~ in my c'ffice c.t t,le BuL.ding Department. This meeting is III conJunctIon wlth the Board of AdJustment mee~ing to be held on Jul y ,)! 1991. I~ you or a representatlve from your office cannot attend, please call 11\e reg3.::dll1'J YOU:"- J..np'Jt. AN;pm .A'C tachm?nts ..~ A: PREV,AF... DOC RECEIVED JUN 28 1991 CITY MANAGER'S OFFICE I , b> . i ,!ri ; ~ M E M 0 R A N~D U M TO: See Below DATE: June 19, 1991 FROM: Sue Kruse City Clerk SUBJECT: Board of Adjustment Mtg. of 7/8/91 Application for Th~m Mary McCord - Ca~ 54 Variance for rear setback Forwarded herewith are the following copies of documents regarding the subject petiti0n: Application Statement of Special Conditions Warranty Deed dated March 6, 1990 Notice of Hearing as advertised and sent to property owners within 400'. Property list of owners within 400' Location map with legal description as well as Survey of the property dated May 31, 1991 ~L...~~~ Sue Kruse sIb attachments cc: Raymond Eney James Miriana Thomas Newton Andrew Haynes Henrietta Solomon Vernon Thompson Ben Uleck Kevin M. Clair Paul Slavin Al Newbold --!i.,' ..... ",;.# ~ r J ", CITY OF BOYNTON BEACH -~. " ~V. ~??~ - - C)<S~ (lue./ y-~17 /';7 BOARD OF ADJUSTMENT APPLICATION- Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: MAY 30 .1991 The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot(s) 12 -Block 10 , Subdivision FOREST HTT.r.S. BOYD-1TON BCI:I Plat Book 25 ,.Page 57 or otherwise described as follows: Property Address 719 SW 27TH WAY. BOYNTON RrH F~ 1141~ The following documents are required to -be submitted with this application to form a single package. Incomplete package will not be accepted: 1. A sealed survey by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving Do 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 ;;0. 2. A site plan properly dimensioned and to scale showing: A. All proposed stru9tures -' B. All existing struc~res that 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 recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property purchase contract agreement. petition, a notarized copy of a accompany the petition. S. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type): by petitioner(s), such as deed or If an agent is sUbmitting the letter designating him as such must 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; = ., , ~B6ARD OF ADJUSTMENT APPLICATION Page 2 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 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. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. 7. Name and address of owner: THOMAS & MARY MCCORD 719 SW 27th WAY 8. Name of applicant: THOMAS MCCORD Applicant's address: Applicant's phone i: 71 732-1919 & 278-0422 Dat~: Mnv 30 1991 Signature of Applicant: ----------------------------------------------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: R-1AA Formerly zoned:" R-1AA 2. Property Control Number: 08-43-45-32-01-010-0120 3. Denial was made upon existinq . zoning or sign requirements (list sections[s] of Code ftrom whicn~reliefis required): Appendix A - Zoning, ~ec. 4.M.1.(c) Appendix A-Zoning. Sec. 5. C. 2. a 4. Nature of exception or variance required: Code requires a minimum -, rear yard setback of 25 feet. Applicant wishes to have a 9 feet 6 inch setback. Therefore a variance of 15 feet 6 inches is requested. Date: June 10. 1991permit denied: . ~ jEt. lJ - - Buildi~partment 5. Case Number: 154 Meeting Date: July 08, 1991 ----------------------------------------------------------------------- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye 7' Denied L ~/3 Nay :i Stipulations: Signed: ~.- l,," t I~, I' .,,~ I BOYD'S & McCORD, INC. DElRAY'S OLDEST Delray 278-0454 278-0422 Fax # 243-9347 STATEMENT OF SPECIAL CONDITIONS 5. A. Because the site is well screened by shrubs, trees and existing structures the antenna location is the least con- spicuous open space on the parcel. B. Lot coverage by existing structures were not planned, approved or built by applicant. C. Satellite dish antennas are popularly accepted state- of-the-art technology available to most zoning districts. D.Literal interpretation of the provisions of this chapter would deprive the applicant of enjoyment commonly avail- able to the majority of citizens with interests in sate- llite'tv reception. E. The varance requested is the minimum variance that will make possible reasonable use of the land and dish consistent with public health, safty and welfare. F. Because the structure is soundless, odorless, screened, and in no way health threatening, the granting of the variance will be in harmony with the general intent and purpose of this chapter and will not be injurious to the area nor otherwise detrimental to the public welfare. 640 N.E. 6th Avenue (North Federal Highway), Delray Beach, Florida 33483 " fSj ~o"\ \ \7::' \_.~.:~ I. ss:s.o' PQ~8:R \",\,... la."';..""7 " p \ ......, '. ..~, Lo,2 ! ~ o -f"- 0.,- F"'" 'P. I. ,.// _~c... _ cf ..~. - ~O"; , to ~ 0 , . IJ tr- .r 0 ~ - LO, \-6 ". "'l ". 0..' ( r JJ ~ j uJ LJJ Jr t J ~ 2\\..c;..rl I. "3 fil" J / ~ " ~ \.&:1' III LOT \ \ U l - ;Z .0 :l I 'lD % 0 , - ~ \) o.-z..' OUJ -LC' U> N 1... ott -.90. "0 ...... .P,;,"'e. .. '-2' f' LP N c._...c.. W....\..K .J,P ~ C'II . qO " 8'5.0' " "~D.. \.1i&. -to If 2' ~a.:.,.. ~\_"":..: PO'V..JlaR. '-,,,,,,'11E""5 ? ~ ,. ~.-W;--"2'7T~ \~I\.. WAY. <t: '20' PA.VIa""? TYPE OF SURVEY: BOUNDARY I HEREBY CERTIFY TO: rHOMA? L. iMAR/AAlAJA MCCORD THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THE SURVEY REPRESENTED HEREON COMPLI S WITH THE MINIMUM TECHNICAL 5T ANDARD5, AS 5 H BY THE FLO IDA BOARD OF LAND SURVEYORS, PUR A 0 SE ON 27, FLORIDA STATUTES. /i ,fI,\! ;..;",1 DATE RESURVEYED ELEVATIONS BASED ON N G V D. BENCH~ Verify setback requirements priorto construction. Location measurements are not suitable for constru purposes. Restrictions not indicated on this survey may exist. No search of the Public Records has been made by 1 This Survey is not valid unless sealed with an Embos Survuyor's Seal. ;> 1Y1. . RI6./o./ AILEY &, ASSOCIATES Land Surveyurs ! Florida Certificate No. 1CP52 .~._._--,.~--------~._.~ ~~w IITHAV SW 12TH AIi SW InH AIi . ....,~ OlD is AOA.,S RO ~"!'BOYNTON BEACH . .. .. .D .. _ .If H(ftOfIHf PI'" . ~". /--- /I~~~! o LOS .. 5 HLL.( ~ MAN OS GU~~;r :l I fOUlCUll:- Z l PAR J ~ 02 ~ . z ,-_v" ~ I Sf 28TH ell/ 2 SE 5TH 'Ill . 3 SE 28TH AIi . SE 27TH WY 5 SE 21TH TER 6 SE 27TH LN 7 SE 26TH AIi EW It -1-1,... An .,.~: .- LOCATION MAP LEGAL D&:3CRIPT/ON .OT 12, BLOCK 10, ACCORDING TO THE PLAT OF FOREST HILLS, 30YNTON BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 25, PAGE >7, OF THE PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. (CONiAJ"-iJNG O. c ACRes J./I0RE:..OR LES'S) 'ISED UNDER CONST.TIE-lN FINAL TIE-IN BEARING BASE: N IZO/~ Q:?c::?3-C FLOOD ZONE: "'8 ~t!!!!.Pr ~~ l'Jp..z " , )- ~x-x- I . . --j :J LEGEND SET IRON ROD WIRE FENCE WOOD FENCE POLE & GUY FD. MON. [)AIII" 4'-() ASS(){IAIIS LAND SURVEYORS 226 Cent... Str... Sui" A-6 JUpil.... Florlde 3304N Phone (407) 748-8424 SCALE ,..: 20. BOOK DATE FE.6.Z8,~ JOBNO.~/"'/37 ) : 1 I' 10' - , . ,I .. "1 .... , ~ !i ~'..i~j 1~' · II ___.:;::-J , ... PARCEL 'A" ~ ~ ~ 7r~" ,.- I 41'1 ~ 9: r' ~I'~~"'I ~,~,\.~~ r.:i'\ -..: .J!) .,,1 ,..: ~ ... 10 ~ I I 7 ~ I. .. (I)' .. ,_ .. M' "..' . J 'Ii 4- i: ___ - ti "'-SW 24th AVE I ~. ..,' ,~"Y , 11'i'\' A eo' " 110' as' 8';' ~O' Sit 24th AVE. -~ Z. 7 ~ If.... ...<}. = ,RIDC EWe; 1"\0 - 2 . It) _ - VI ~ II i3' 8 'I l:'...S .:. ~ ~ST TES ~ 14 . I..2J "'.' . ~.;~- M~5t'~ .. " '~VE ~,! J ~I..} loo\~ ~ ~37-98,S ) %W;' ~ 80' .. .. .. .... ~'~ ; "~!St""~VE., : ~ ~:~;, @; 8 -.)., ~-~~ l:. ':.~' ~~'I x..-'" 85. .. I, 8.;'- loof'~11 , Z.O~ 0 ~I f ~~~~I , i SW 26th PL ~ 1 ~,' I'SO' 1'0' nO' 110' :: ~ ",,' -:J" 1~ I ra i I ~ 14- ~ o 114' 110' &l : '- : : lll,<>"I' .. .. r- f- ~ · 110' ~ f- ~ <!:) @ , (I) : @ : (I): ',,,,,,, , @, (I) : : : ' I @: ti; '~\ :1}/ "'I.I! -i , J R ,) j €-'8 5 CTION .. ~ :1 ( " ", 't, ~' 't l;J REC : , -..j I (,J Ci) I ! $ I I I I I j ~ )~ REC /I@:) ^ .. ~ ~ I REC . """I' ~ : . IJD I .s= # ~ -- -. Ill' _ t-- CIl'0~' I "\.:~ A. I ;~~\1' ~~~!'ll\." ' 'I" 'k.' ..,s' 'I' ,tlO' i I .~_ /2 ~ ill 0 7 ~ 7 '. ~ 7 .!! r : s \!....) ,B 'Oo'! -i :: 8 ~ 0". .,0' 11:/ eo' 80~ 'K' .at,' ~ "0' 110' 10 /I; ~10 "" ;- 2 . SW 27th AVE ~lli'" 0 :s--;;;~~ th AVE ~ '.0;' .0'S' 'O'S' ,~~, <Ill '00' It, (",. ... I ~"(f10!>'1!>'" I. -~. -w So~o 8~ 'I";.. SW 27t h 8 X ~ 16~' , lOS' '. 5 i .. 8"" - =I"~-l 'lA>:1~!! I I . '0'5' qj OS' - ,... ~ ur...' '>.O<...IA~ Z""11 ~ I , t;1 ~ I Fh~~~~;:/t; i r ~)ti-I~~~/~X;~~~ i ~a r.?\ "/ 8'0' 8'" ~.II\ ~ lie, 7jC -, 7' I!:!-< s.. P::! 80;' ",0' 0" :a . SW 27th PL;" ~ j : '(;" 10' @ X Fl fi;~ <p2 @~i~'~ f 14 : tJ- ;I;' f 1 ~/II'tj ~:~..1(21~~cl7' r 1,..~ M 5 ~". J (- "8' I...., I" >0 I w r ~I'ir. rvW ><I>'.~I ~ ( t~ ) SW 27th WAY ~ ~- .:rr I@ ~ tJ,1$A~1 ~ ~ @ .v >c k ~:~ : €)y ~ ~ 1~' J \\//~~~-' ~Ix.' X ""; , ~ II ~ '6' I..... " "'" r~If~-- r )/\7' ~ Y ,,>(: 80' ~) 7:~ :a SW 27th TERR A :8~; ...~'~ 10' I" I@ ~ l:,~ ~i:YI~;(~!~ "t41 aa '5' ;f>) 14 "~ ; .'-' , - - o I'I'S' .. .. " S'5' '10' '1z' eo;- 80' " .. ao' es' '10' 5 ;: SW 28th AVE J, ..' ~ lifo' .. " " liS' 10' ,_, 8S' " " " " 6'" 4..'..... W ~7 ~ @ J 1 ~ J @ '2 8 ~ .. 42.' .... tol SEHCRE )T : ~ II 'LS @ 4. 7!lAC . - , \ .. n ;;/\ .. '~ ~ ... f ~ - .. '" -I AVE '''''' rl z"";,. .. lll=~1 ~<:t~ f--J .. .. t ;. .. - (25 74): .. '0 - :: - ~ ,~ , (I)" @. :( - - : : : , t. .. .. & ~ - , .....I.ll ~ ~ .^.,.a :e -.!.! ,~'!.,.g ..' : 13 Ii: ~ - .~' ~r'. ~ 28th AVE .t~ .. '0l '''',JW ~ I'! I~' ~I J" p ..' ~ I~ , I .-.....:------- -- -- tteturn to: le,'c,ose sell-alloresseo :i1a'l\peo envelOpe) ./lIme: WARRANTY DEl.D INDIVID. TO INDlvlO RAMCO FORM' Addre,,: THG1AS L. McCORD 719 S.W. 27th Way Boynton Beach, FL 33435-7915 , . . ! i ThiS Instrume~~di~: RCYI'HENBERG, ESQUIRE f uJ V ASSURANCE TITLE INSURANCE CO.' : \J Ad~'~ 2424 North Federal Highway #455 ! Jj I Boca Raton, FL 33431 J Property Appraisers Parcel 1.0, (Folio) Number(s): ('IAR-08-19'10 O'r:04am 90-06701 7' 6378 'Ps 690 ORB Con 120,000.00" Doc . 660.00.: JOHN B DUNKLE, CLER~\ - PB COUNTY, FL. . 08-43-45-32-01-010-0120 Grant.eCs) S,S.#(s):. 'PACE ABOVE THIS UIIE fOR PROCES$IIIG DATA .'ACE ABOVE THIS UIIE fOR RfCORDlIIG DA T& ,litis l(farranty 1Decd Macll! Ille 6th clay of . r-1arch . ~ I \ , HORNUNG, ; t ~ I , ; i " I :1 t i ,i t . j 1 j" ~.' ~': fi ': r i ,A.', D, 19, 90, by\ :i ' , ; , ~j., '~, 1\ ! i . : :,~;! ,I' \ ~ '; Or! ~. 1 ~ 'i! l' . I ' : . ~: ,~ , WALDEN HORNUNG, joined b~ his ~ife,.ANNE E I ; : IU?r{'inu/ler callp(l IIle (/rOlllor, 10' : THCMAS L. McCORD and MARIANNA McCORD, his wife, ilH~ wlwse posloffice oclrlrpss is 719 S.W. 27th Way, Boynton Beach, FL 33435-7915 . , . lH'reinG/I('r callec/ Ille wanl!'{': I fWhf'nn'r lI,rcJ )u"rt,ir. 11... tcorm, "lCranluru and "'.iCranlf"e'o, inrludt all Ihe' partit's 10 IhiJ inslrumt'nt. and ... '. I Ih~ h~i.., I.~~I r<."...enlalil" .nd ...i~n' ..r indi\idu.b. .nd Ih. lur........ and a"i~'nl 01 curpur.lluns) . , ,.': ::. <. '..:' . . ~. ~; ~. I:. i I ~itnessdh: T/I(JI 1/1(' wellllor. for onel ill cOlIsie(('rnlioll of IIIP slim of $' '10.00 ondoll~(I~! 1';'. l'alua/)/(! L'orlSi(/{'r(J/ions, ,,'cf'ipl 'wll(>rpof is II{'rp/)}' acknowlc.(frwtl, 'I(>n.I>)' flrl1l1ls, bargains, s(llls,' ali"ns.: rE'~' i'; mlses, re.lpases, conveys ami cOllfirms unlo III(> granlvf', nil Iltal cl!rluill lal\(l si/untt! in' Palm Beach" H r, . Counly. Floric/a, viz:' .; r/ i.~ ~ I . .:;, '~i r . .1 1 I'; " d (!,. , '!' ~ ;i . ! r I: i . , I. .! /! '1 \.;< i . '.' . ;, '.!' .1. 1 Lot 12, Block 10, FOREST HILIS, accorrding 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 25, Page 57. " ~: .'! j"',\: J ogether will. all Ihe tenements. heredllaments and appurlenances lllerelo belonging or in any- ; 1 wise apperlaining. 10 Millie and l~ J{old, Ihe same in fee si~ple forever, ilnd Ihe granlor hereby covenanls with said granlee 11.01 Ille granlor is lawfully sei:.ed of said land in fee simple: 11.01 tile granlor lias good riuhl and lawful aulhority 10 sell and convey said: land: lhol th" , ! granlor Ilen.l)y fully warranls Ille IiIle .10 saicl land and will defend Ille same agai~stll1e 1~U?ful daiis,;ol ,I : ..., I all npersonsb W'..IO.. m. s. o.e.ver:.~n. d.. th~.'., sa.,. i1. ..1....,..n,J,.. I,. ef!, of a. I.'... enc". m. ,hr..ances.., e. x~ept IrX..e~.s 1..fJl fC...j' ,u..I' ~ng s~b~e~.i.u.,.. 'l~n ~Il. Ii..,.:. i Ii ;: ;., ~~m :'i i:', :;. r~. - 8::! \.l :'\'.,1",:. ':1':; : LI. \1,\ 'j ~ : \ ; t tl 111 \ \ '~Il II" ';i. .\ (\ lli\ Ii 'II 'II. ,II '1' :;~ I~;: 11'1 ijl.ll,..,I:. ,1,\ r!! ~.: 1 1 : \1 . ! I ' . ~ ~ " I; I,' I ' : f .. ~ " ~ J. I. " :, i' I I \ It'" ~ ... 1 ii, . : . ,.' I \ " . 1 i; i: !, iiIll ~ilri~J i~h~~tJr,),J ,.1,~ It+ tU !L~, ~?J i,J~ 'JJ.~~ tJe~.?~ i~t.' ,d, , nd, ~~;. :lll:; f"sl above writ/en i '. I . 1. "",,' ,. . ~',. '1'1' I, . ,J ;:1 I 'I I," '.'. :. ~ 'i I,. ..../ ! ;.." #'1.'" ',' . i ." I"",' , ' '; I . I .., i'p 1 .", ~ '( .; . I '," ( I . I! ' . , , 1 .!' , : ;. :: , .' .~. ' , :' " i ' \ ! :0, Ii' \ I' ' . t .' \ Signed, seall!d nncl deliv('red i~ ~~r preserlce i'" ' i : db" " ,: " i :, ~ : !. ; .;;, ; ,;. [ \ ~ : ,~ I ; r- (00/ .. 15;'; r. . i" . :'~d:,;.;:t4'j "'::lli!:~,!.': ~~7.k?:~.~~"':':.i.:'".,f::7<4"L"'":''''''''''':'''~''''''''' ...... wAr1~"~o~''':~;'l~f~{fa\!::: ,..~..~.'\.r; ~i ] 'l ~ /-' -:*:7.-,,"2/. ....:.)(!- v-::.prva.-;./ I , 7Y3' 1: :': ,,1Wa ". ! : ......,..r.:,tt...... \:y.,......,;',.....,.....,/.(:'.(.........I. ..................,..,..,.. .........~... '......'...."'...J..'i"'....".. ......,. ... . .........,I"..I....~. , ,I , ...... ,.! I \' / /. /,'-' L....I /..... ' ( , . , I \ FLORIDA ~ . ' \.... ,v.vr',"r'~' ~ ( " I ; STATE OF . ' . ,,', r #,;,:' (: ,: I 1 :'. , COUNTY OF nAlM BEACH ANNEE. HORNUNG, ! !' , ' : i i'~ II ; , j i }i \, 1 HEREBY CERTIFY thai oDi this day, b~forc ,me, :a? I it ; . officer duly authorized in the State aforesaid and in the County aforesaid, to take, acknowledgm~nlS. personally. appeare? I ;;.! : WALDEN HORNUNG, joined by his wife, ANNE E.. HORNUNG; ii, ...." : , ;' t ;'; :. 10 me hown to be the person described in and who executed the foregoing instrUJft~~'M~~ :he-P.(, ack~owled~e~, ; , h . /",:f' .~'\. ... .' , I, i before me that e executed the same, : \1) <J:\ (If , '\ .~: ,; j " ! WITNESS my hand and oUicial seal in the County and State last afor said GJ.r~7,~~)}~ ' 1 r:: 11. . day. 0(' :; : J1k/.r(A A. D. 19 90. . ~ ~~l;m~'! ,I, f,~ I .-- . /~./' )~:~}rft~~~l~", : i i L' 'r( : (/' ,#, ~;;/' ~1 f" .. I RECORD VERIFIED ......... ........, ............tlff.[el'At-.pm."f 'f..".t.1.!~':'''7'''''''';:'!'-:T) PALM BEACH COUNTY, FLA. NOl'MN4l1P1JBIPW~!' . r ,,: , II ;: .~. ~ JOHN B. DUNKLE MY COMM. EXP'j 61.~/~ ..~. il ~ ; .' I CU::AK CH1CUIT COURT I . ;: ': ' I ) ~. ; , I' ., , .' , ". ',: i ' .! , , .. , . ~ ,t... " .a"f~:~ '.': '.. ~..<,;.:. ' -~~;tt ~:::i': "~~' .~t: .'''f'S.:l '~;'.' "';~f:-r.:.'" ~ I ' ({- (r NOTICE OF PUBLIC HEARING NOTICS IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the variance as indicated, under and pursuant to the provisions of the Zoninq Code of said City: 'Case #154 Owner: Thomas L. & Mariana McCord Requested Variance: code requires a minimum rear yard setback of 25 feet. Applicant wishes to have a 9 foot 6 inch setback; therefore, a variance of 15 feet 6 inches is requested. Proposed Use: satellite dish antenna Location: 719 S.W. 27th Way Legal Description: Lot 12, Block 10, Forest Hills A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at city Hall, Commission Chambers, Boynton Beach, Florida, on Monday, July 08, 1991, at 7:00 P.M. Notice of a requested variance is sent to property owners within 400 feet of the applicant's property to give them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, call 738-7408, City Clerk's Office. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of l\d]ustment 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 ,3- verba~im 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 $UZANNE M. KRUSE CITY C::"ERK PUELISH: BOY~TON BEACH NEWS June 20, and June 27, 1991 ~------- -.-'