BOARD OF ADJUSTMENT
TO:
FROM:
REFERENCE:
Board of Adjustment Members
City of Boynton Beach Staff
CASE NO. & ADDRESS:
Staff Site Analysis - Board of Adjustment
~27
955 Isles Road
MEETING DATE:
CURRENT ZONING:
DESCRIPTION OF LOT:
OWNED BY:
VARIANCE REQUESTED:
July 11, 1988
R1AA
Boynton Isles, Lot 44
Aubrey K. Ewing
Pool & roofed porch setbacks
..
.
--
,
FACTS:
-- ..
1. This site is zoned R1AA and was formerly zoned R1AA.
2. At present a single family residence is under construction
at this site.
3. The house meets the 25 foot setback and to add a 10 foot
roofed porch would require a variance of 10 feet.
4. Appendix-A-Zoning, Section llE "Swimming Pool Setbacks" requires
that all swimming pools have a setback of 8 feet from the property
line. A'variance of 3 feet would be required to construct a
pool within 5 feet of the property line.
5. This is a platted lot within the Boynton Isles subdivision.
bh
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
',,-
/; De adli n."'...fc i'
submittal: 5 weeks before meeting date)
BOARD OF ADJUSTMENT APPLICATION
DP.TE: dr/f)'!;
The undersigne~er(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special exception or variance to the
existing Zoning Code of said City pertaining to the property hereinafter
described, and in support thereof state(s):
1, Property involved is described as follows: Lot(s) ?I~
Block Subdivision -Boyl'lfol'1 1s!-e.,Cj
,
Plat Book 25 ,Page Sf ,or otherwise described as follows:
Property Address
95'S ..7'.s/t'>
;<VQP( .
,
i?lI9B
,8o/n~'7 Jf(QC~,. ~
Formerly zoned: R1AA
2.
Property is presently zoned:
3. Denial was made upon existing zoning requirements (list section(s) of Coe
from which relief is required:
(f) 11~J1.~/1{ tt-?OrJ/~ J .s~cf'ic:>11 liE. - .swim"'/~ pa:/> 5C-lfJack
(;J IJ-:P~fld (Y 11 -..s~Cr/'c"" 5 t!-~a..:Li~/Id';':$ &In" S" e "0~/an~'1S I
4. Nc!ture of exception or variance required: (j) r~vir~ r-rt:!(.?cf,ult ~T m/I), ~
.set!;,,?/< -!Yom ;PI'O~('1t j.'I1C -Io.s- t .sc-iDltc.e ~. allt'eV jJv&/ ('~f,'c>11 tlJ r~be.
ra:J~1-iovt of i sl.sC'flJad:. -Non? /p, fi1~ -to IS' s~tIx:;ck ?b alloW
COIl.$1-tVC /-''0" 0"" SCrt'~11- p(X"cl\ WI afi Y'~ .
5. Statement of special conditions, hardships or reasons justifying the
requested exception or variance (please respond to the six (6) questions
as outlined on the attached sheet [a-f]).
6. Certified spot survey (not more than six (6) months old) is required,
with ~ll setbacks and dimensions. Also, a 'location map.
7. Proposed,'improvement (attach site development sketch):
8. 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.
9. Proof of ownership of property by petitioner(s), such as deed or
purchase contract agreement. If agent submitting petition, notarized
copy of letter designating him as such must accompany petition.
10. Application fee in the amount of $275.00, payable to the City of
Boynton Beach, must accompany this petition.
12.
k/Jny j( ECA-/'i;j'
Name of applicant: ~.Dr€.,v J<. EC,o,..I/~ .
Applicant's a.ddress' 52esl&'!:h",,,/C,,,. .&".,. 1?"k, R:- Phon~
Date: /h/!?t' Signature of applicant: 3;jyf%, 0.h_ _
Date, ,{/7/i'Z Permit Denied: ~
I 'Building Dept.
July 11, 1988
127
Meeting Date:
1:.. Name & address of owner:
13. Case II
-..--------------------------------------------------------------------------
TO BE FILLED OUT BY BOARD:
BOARD OF ADJUSTMENT ACTION: Approved
Denied
Aye
Nay
Stipulations
Signed:
Rev. 9/28/87
{ .
BOARD OF ADJUSTMENT - CITY OF BOYNTON BEACH
Application for Variance
Aubrey K. Ewing
Item 5. Responses:
a. Re: (I) pool location; (2) covered porch
The unique and unusual shape of Lot 44, Boynton Isles Subdivision
has created a hardship as to structural design and optimum
utilization of the property. ~his lot is the only one of its
shape and size in the entire Boynton Isles Subdivision. Because
of its location on a cuI de sac at the end of Isles Road, and
because there is only 20' of property line which actually borders
the Intracoastal Waterway, the shape of th~ property is actually
a narrow right triangle. Lot 44 is the last cuI de sac or point
lot to be developed in the subdivision which was platted in 1953,
apparently due to the design challenge that the property shape
has created.
b. Re: (1) pool location; (2) covered porch
The special cond~tions and circumstances wh~ch make th~s variance
applicat~on necessary are the result of the unusual shape of the
property as platted. The applicant has made a concerted effort
to comply with the bu~lding code and setback requirements with
regard to design of the structure. ~he code for this zoning
d~strict requires a minimum living area of 1500 sq. ft. and a
maximum lot coverage of 35%. In order to meet these requirements
and bu~ld a home which is consistent in value with that of the
property, the applicant designed a two story structure which is
tne exact shape and dimension of the minimum setback
requirements. In so doing, the logical placement of a pool and
covered porch was compromised or disallowed by code.
c. Re: (1) pool location; (2) covered porch
~he applicant is not request~ng any special or privelaged usage
of the property. This house is being built by the applicant and
his wife as their permanent family residence.
d. Re: (1) pool location; (2) covered porch
Because of the unusual shape of this property and the design
restrictions this has created, the literal interpretation of the
Ordinance will (1) prevent the construction of an average size
sw~mming pool placed a sufficiant distance from the house in
order to allow for a walkway, and still presevere some of the
property for landscaping; (2) prevent the construction of any
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Item 5. Responses continued - Aubrey K. Ewing
type of covered porch. Most homeowners in the neignbornood have
swimming pools and covered or screened porches, and several
within a 400 ft. radius of Lot 44 have built both with1n the 25
ft. minimum rear setback. Strict application of setback require-
ments creates a hardship on the applicant in that it prevents
reasonable usage of the property as enjoyed by o~her homeowners
1n the zoning district. This hardship compromises the appli-
cant's property value and prevents full utilization and enjoyment
of the property by the applicant's family.
e. Re: (1) pool location; (2) covered porch
(1) The Ordinance requires a min. setback for pools of 8 ft.
The applicant is request1ng a 5 ft. setback in order to place an
average size, 15' X 30' pool centered between the rear wall of
the house and the seawall. 'l'his 3 ft. variance is the minimum
necess ita ted by the property shape and de sign re str iction s
described in 5 a.
(2) The Ordinance requires a min. setback for covered struc-
tures of 25 ft. and screened enclosures of 8 ft. The proposed
covered porch was designed as an outside, protected play area for
children requiring a minimum width of 10 ft. to be useable for
that purpose. The appl1cant is requesting a minimum setback of
var1ance of 10 ft. leaving a 15 ft. setback between the rear of
the covered porch and the seawall.
f. Re:
(1) pool location; (2) covered porch
The granting of the requested variances will be consistent w1th
the lntended utilization of the properties in this zoning
distric~ for single fam1ly residences. The applicant intends to
construct: the proposed swimming pool and covered porch in a
tasteful," aesthetically pleasing way which will, 1n no way
encroach upon or compromise the neighbors' enjoyment of their
propert1es.
The above is assured by the fact that the nearest bordering
property to the rear 1S over 60 ft. away across a wide canal.
Because the covered porch will be constructed 53 ft. from the
west property bOundary and will only extend 10 ft. from the rear
of the house, no neighbor's view of the waterway or canal will be
obstructed. Other pools and covered structures along the same
canal which have been constructed in variance with the setback
requirements have not comprom1sed the general intent and purpose
of the Ordinance.
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IN THE
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PUBLISHED
FEBRUARY
1982
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TO:
Board of Adjustment Members
City of Boynton Beach Staff
Staff Site Analysis - Board of Adjustment
FROM:
REFERENCE:
CASE NO. & ADDRESS:
11128
644 Dimick Road
MEETING DATE:
July 11, 1988
R1M
CURRENT ZONING:
DESCRIPTION OF LOT:
OWNED BY:
VARIANCE REQUESTED:
Lakeside Gardens, Lots 40, 41, 42, 43
Michael A. & Ramona L. Mrotek
Structure height
.
#
.
-
,
FACTS:
- ..
1. This is a vacant platted site within the Lakeside Gardens
subdivision.
2. This site is 106' x 125' and zoned R1M.
3. This site was formerly zoned R1M.
4. The maximum height for structures in a R1M zone is 25'.
To construct a residence 32' high would require a variance
of 7'.'
5. This variance for height would not solve the setback problem
shown on the site plan.
6. Item #5 (that he must meet the setback or request a variance
for the same) was explained to the applicant before he filed.
7. This site needs 25' front and rear setbacks with a side setback
of 7,%' if platted before June 13, 1975.
8. There is a letter on file, from the owner of the property next
door,requesting that the side setback be adhered to when this
house is built.
bh
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
(DEadV.ne for submittal: 5 weeks before meeting date)
BOARD OF ADJUSTMENT APPLICATION
DATE:
6. 7. SR
ThE~ undersigned owner(s) hereby respectfully petition(s) the Board of
Ad-ustment to grant to petitioner(s) a special exception or variance to the
exj.sting Zoning Code of said City pertaining to the property hereinafter
de~;cribed, and in support thereof state(s):
1.
Property involved is described as follows:
Lot(s) Ao 41 42 43
J , ,
6Allt.~5 '
Block
Subdivision L ~~SSt;::)€.
Plat Book
, or otherwise described as follows:
2.
3.
,Page 57
Property Address 644- ~rM<< c."K, 1<.1:). ~'ttVrON ~A.c'(../. J F"L.
Property is presently zoned: "R l ~~ Formerly zoned: If/If A-
4 .
Denial was made upon existing zoning requirements (list section(s) of Cod
from which relief is required:
4PPC>Jbl)(" 4. 2otJ~\~ · S€.c,. ~ ~. 2A
I
Nature of exception or variance required: A~c 1?e.~~ ~"t"'(o,.:)
1<E~tJ'Q.e~ J..f~--..tMOf...\ ~-rRucro.Q.b HQ~ ~ ~..;' . COtJ$~T'O,.) ~E:St6~
~
'RE"G'UI~"""~ W~ 5-r2t.X:T'tJ~ l...f~,e..wr ~ 02.' r~ ~Q.e.9e;~ ~ot.3C1"'to.J
Statement of special conditions, hardships or reasons justifying the
requested exception or variance (please respond to the six (6) questions
as outlined on the attached sheet [a-f]).
5.
6.
Certified spot survey (not more than six (6) months old) is required,
with ~ll setbacks and dimensions. Also, a location map.
Proposed ~mprovement (attach site development sketch):
7.
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.
Proof of ownership of property by petitioner(s), such as deed or
purchase contract agreement. If agent submitting petition, notarized
copy of letter designating him as such must accompany petition.
10, Application fee in the amount of $275.00, payable to the City of
Boynton Beach, must accompany this petition.
8.
9 .
11. Name & address of owner: A2!t(.t.\A.e:L A. Ml2o-re;~ .. ~At-4oN~ L-. \.A..RcTEJ(
12.
Date:
13. Case II
Meeting Date:
128
.Tl11y 11 J lqRR
________________________________________________.____i___.._____________________
TO BE FILLED OUT BY BOARD:
BOARD OF ADJUSTMENT ACTION: Approved
Denied
Aye
Nay
Stipulations
Signed:
R(.v. 9/28/87
BOARD OF ADJUSTMENT APPLICATION
Date:
June 7, 1988
Reference:
Lot 40, 41, 42 and 43, Lakeside Gardens
Reference is made herewith to Paragraph 5. (a-f).
a. Special conditions exist that are peculiar to the desired
design and function of the building as an adequate and secure
structure for the purpose of a residence. This residence must
withstand the climatic conditions of the area as noted by the Corps of
Engineers in their 100 year study.
b. The special conditions being the peak of the hip roof is
above the site regulations of 25 ft. is a design and function
requirement and not a whim of the applicant. The structure is of two
story design causing even a normal roof line to be close to the basic
regulations.
c. The granting of this variance, an }ncrease in the
elevation limits of the center peak of the roof will in no way
infringe on the rights and privileges of others as the Boynton Beach
Code allows the same privileges for all re~idences.
d. The literal interpretation of the cited regulations
within this chapter would bear considerable hardship on the
applicants. The granting of the variance would grant great relief and
would facilitate the total design and function of the building. The
full elevation of the roof line is required for both function and
design. Both of these are necessary for the building to be
aesthetically pleasing to my co-residents and also providing adequate
safety .to:my household during tropical storms. A 4/12 roof pitch is
already a marginal design for the application in question. Proper
runoff is a must to reduce roof loads and maintain structural
integrity during severe storm conditions.
e. As previously indicated in paragraph d above, the 4/12
roof pitch is the bear minimum allowable both aesthetically and
structurally.
f. The area of the roof requiring this variance, the peak,
which will exceed the normal site regulations is truly insignificant
in overall area and in relationship to the total structure.- Being a
hip roof which has equal angles on all four sides, the difference in
elevations would be truly unnoticeable in total context.
In notation:
500 feet to the North stands the Hypoluxo Marina Storage shed
(now known as Maxom Marine), the structure has a minimum
elevation of 40 feet.
350 feet to the South stands a 3 story condominium building
with an estimated structure elevation of 35 feet.
Both structures are in plain full view of lot in application
and other residences in the general area.
In summation Appendix A, Section 4, f. # 1. of the Boynton
Beach City Code provides for exemptions in code for maximum structure
height to 45 feet. Your consideration is this matter is greatly
appreciated.
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DATE;Jtte ~ /.9~gl SCALE //I:;:.~~' I"LAT lOOK No.1!!I I PAClE No. G7
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This drawing not
yalid without an
embossed seal.
O'BRIEN, SUITER & O'BRIEN, INC.
ENGINEERS - LAND SURVEYORS - LAND PLANNERS
2601 N )RTH FEDERAL HIGHWAY. OELRAY BEACH, FLORIDA 33.U<4 27&.<4501 732-3279
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IIIEREBY CERTIFY Ihallhe pIal Ihown h.reol' It alru. and correel repr...nlatlon of a tur..,..,. of
the II ,ds described hereon made In accordance wilh the minimum lechnlcalllandard, for land survey-
Ino Ir the lilt. 01 Florida.. ..1 forth by Chapter 21HH.e Florida Admlnlltratlv. Code.
PL. PlS NO. 1314
FIE 0 eooK(3/2?J
'AGE NO.5'$
ORDfANO~~-~;3