BOARD OF ADJUSTMENT
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
REFERENCE:
Staff Site Analysis -
Board of Adjustment
CASE NO. & ADDRESS:
#137 & 138
404 & 403 N.W. 12th Avenue
MEETING DATE:
November 13, 1989
CURRENT ZONING:
R-2
DESCRIPTION OF LOT:
CHERRY HILLS, Lots 414 & 417
OWNED BY:
Palm Beach County Housing Authority
VARIANCE REQUESTED:
Lot area, lot frontage, setbacks (front,
rear & sides) & living area
FACTS:
1.
These sites are presently zoned R-2 and were formerly zoned
R-2.
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2. Each structure was built to be used as a two-unit apartment
building in 1958.
3. The owner was issued a permit to convert them to maintenance
and office buildings (permit #82-0062 and #82-0061 issued
1/14/82).
4. Both sites and structures are non-conforming due to sizes
and setbacks (see copy of att~chment).
5. A variance on all accounts would be required to convert
these structures to a single family use.
6. The R-2 site regulations were met at the time the permit in
1958 was issued; however, they changed in-1975 and the
1982 permits were issued per a master plan approved in
1981, #81-1495.
7. We have no record on file of any past variances and a change
in use of a non-conforming structure would require one, per
Appendix A, Section 11.1.D,E,F and G of the Zoning Code.
bh
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
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ATTACHMENT
BOARD OF ADJUSTMENT APPLICATION
4.
Nature of exception for variance requested.
Minimum lot area - 6,000 square feet for single family use
I
Existing lot size is 25' x 102' = 2,550 square feet
Minimum lot frontage - 60 feet for single family use
Existing .lot frontage - 25 feet
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Minimum front yard - 25 feet
Existing front yard = 24.7 feet
Minimum rear yard = 25 feet
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Existing rear yard - 7.3 feet
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Minimum living area = 1,000 square feet for single family use
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Existing living area = 889 square feet
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Minimum side yards - 10 feet each side
Existing side yards - approximately 6 feet each side
BOAH..D 01<' ADJUSTMENT A1"'1"'Li.GAJ.i.Ut'l
DATE:
October 6, 1989
The undersigned owne"r (s) hereby respectfully petition (s) the Board of
Adjustment "to grant to petitioner(s) a special exteption 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 follows: Lot(s) 417
as , ,
Block Subdivision crerryHill
Plat Book 4 Page 58 or otherwise described as follows:
,
Property Address 40~ N.W. 12th Aveme, Boynton Beach, Florida
1. Property is presently zoned:
R-2
Formerly zoned:
R-2
3. Denial was made upon existing zoning requirements (list section(s) of Co
from which re:).ief is required: Appendix. A Zoning, Section 5 F (R-Z Single and 1\io
" Fanily Dwelling District), par. i Building & Site ~ations
4. Nature of exception or variance required:
See attached
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 shee~ [~-f]).
6. Certified spot survey (not ~ore than six (6) months old) is require?,
with all setbacks and dimertsions. Also, a "location map.
7. Proposed improvement (attach site development sketch):
To convert a vacant mrintenance building into a single fanily residence
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 accur~te.
9. Proof of ownership of property by petitioner(s)., such as deed or
purchase contract agreement. If agent submitting petition, notarized_I
copy of letter designating him as such must accompany petition. "
,
10. Application fee in the amount
Boynton Beach, must accompany
11.. Name & address of owner:
of $2'5.00, payable to the
this petition.
Palm. Beach County lbusing Autrority
City of
l2~~ Name of applicant: ,
Applicant's address:
Da t e : 10/6/89
Date: /O////I?
Barry F. SeaIm1, Executive Director
3432 W. 45th St. West Palm Beach, FL 33407
Signature of applicant~
Permi t Denied: a. /
Dept.
I
13. Case II
138
Meeting Date:
November 13, 1989
TO BE FILLED OUT BY BOARD:
BOARD OF ADJUSTMENT ACTION: Approved
Stipulations
Signed:
. Denied
Aye
Nay
Rev. 9/28/87
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PALM BEACH COUNTY HOUSING AUTHORITY
3432 West 45th Street · West Palm Beach, Florida 33407 . Phone Main Office (407) 684-2160
BARRY F. SEAMAN
Executive Director
October 6, 1989
TO: Board of Adjustment
City of Boynton Beach
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;
\1
The Palm Beach County Housing Authority has forty six (46)
units in the Cherry Hill section of the City of Boynton Beach.
All 13' x 70' buildings on 25' x lOa' lots were refurbished.
All units use common sidewalks due to the lack of space between
the buildings. At the time of the major refurbishing in 1980,
two (2) buildings were attached together to develop duplexes.
The unit for which we are requesting the variance was a single
end structure, and for two (2) years was used as a
maintenance/manager/community services building. As a result of
the many break-ins and the vandalism in the unit, the Palm
Beach County Housing Authority boarded up the buildings and
requested funding from HUD to convert the buildings into a
single family, two (2) bedroom home. All parking, street
access, and utilities presently exist. The requested funding to
refurbish the building was approved by HUD.
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b. That the special conditions and circumstances do not result
from the actions of the applicant;
"
"
Only the
building
the Palm
time has
interior of this building will be converted, and the
will not be enlarged in any manner. No action taken by
Beach County Housing Authority in 1980 and since that
c.aused the present conditions and circumstances.
Page 1
Board of Adjustment
Page 2
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 building use, or change
application necessary. The
because of the lot size in
remain.
of the building use, has made this
neighborhood remains the same, and
Cherry Hill, these conditions will
d.
That literal
would deprive
properties in
Ordinance and
applicant;
interpretation of the prov1s1ons of this chapter
the applicant of rights commonly enjoyed by other
the same zoning district under the terms of the
would work unnecessary and undue hardship on the
If the variance is not approved, the building will not be used
and will remain vacant. This building, when restored, will be a
part of the total restoration work now in progress in the
Cherry Hill subdivision.
e.
That the variance granted is the
make possible the reasonable
structure;
m1n1mum variance that will
use of the land, building. or
"",I
No other land is available to increase the lot size. Adjoining
lots are the same approximate size and have buildings on them.
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 1nJurious to the area involved or
otherwise detrimental to the public welfare;
It will also eliminate another vacant building from being used
for drug related activities. Other property owners (including
402 N.W. l2th Avenue) have refurbished ~heir buildings to
improve the quality of living and to protect their investments.
This building is the last empty structure on that side of the
block.
<8r-'~~ ~_
Barry F. S aman
Executive Director
BFS/mp
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CHERRY HILLS
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LEGAL DESCRIPTIONI
LOT 417. CHERRY HILLS. ACCORDING TO THE PLAT THEREOF I
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
IN AND FOR PALM -BEACH COUNTY, FLORIDA. AS RECORDED IN PLAT
BOOK 4, PAGE 58.
SUBJECT TO ALL RESTRICTIONS. RESERVATIONS, EASEMENTS AND RIGHTS-
OF-WAY OF RECORD.
SURVEY CERTIFIED ONLY TOI. PALM BEACH COUNTY HOUSING AUTHORITY.
PROPERTY ADDRESS I #40) N.W. 12TH. AVENUE, BOYNTON BEACH, FLORIDA.
CLIENT
NOTES: Th. survey of the property shown hereon II In 1CC0r~nce with the description furnllhed by
NO SEARCH of the Public Records has been m8de by thll offiCi for lCCurecy or omlllionl. Thll plat II not velld unle'l "lied with In .m.
bossed ..e1.
I HEREBY certify thlt the pllt Ihown hereon II a tN' and cOlTICt rep....ntltlon of a su.....y of thl property described in the caption thereof, m8c:le
under my direction, Ind il accurate to the belt of my knowledge and bllllf. ~ ~
I ftJrth.r OIrtlfy 1h1t thl. ....I'VeV milt. the minimum tHhnlcll ft8ndwd. _~ - THORNE & ASSOCIATES
lIdopt'ld bv the "'Iorldl Bo.rd of Prof'Rlon" Land SUrwyOfl pu,.,.lnt to ~ Prof.ulon.' Lind Surv.vor
..c:tlon 472.027. "'Iorldl StatUte. .nd rul.. chlPter 21 HH~. Florldl Admlnl. DI", Certlflclte No. 2889 '
rtrltlv.cod.. 0-4-89. St.t.ofFlorld.
SCALI
1-=30'
J.T.
THORNE & ASSOCIATES
Professional Land SUf'Ytyors
P.O. BOX 3501 PHONE: (407) e89-9634
WEST PALM BEACH, FLORIDA 33402
IlEfEIlENCII
SEE FI LE
DIl
Joa NO
fIELD
331-89
S. 331
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