BOARD OF ADJUSTMENT
MEMORANDUM
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September 6, 1991
TO:
PRE-VARIANCE BOARD MEMBERS:
J. Scott Miller, City Manager
James Cherof, City Attorney
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 Monday, September 16, 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 September 23, 1991.
If you or a representative from your office cannot attend, please
call me regarding your input. Thank you.
AN : bh
Attachments
~:<<~
Al Ne~id
RECEIVED
SEP 9 1991
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A:PREVAR.DOC
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
Staff Site Analysis - Board of Adjustment
REFERENCE:
CASE NO. & ADDRESS:
#160
2107 S. E. 3rd Street
MEETING DATE:
September 23, 1991
CURRENT ZONING:
R-3
DESCRIPTION OF PROPERTY:
Lots 8-13, Sunny Oaks Addition
OWNED BY:
Donald Fisher
TYPE OF VARIANCE:
Front and rear setbacks
FACTS:
1. This is a six lot site located in Sunny Oaks Addition. They were
platted on February 4, 1948, for a total of 33,940 square feet or
0.78 acres.
2. This site is zoned R-3 and was formerly zoned R-3, Multiple-Family
Dwelling District.
.
3. The owner wishes to construct a multi-unit complex and has requested
a variance from Appendix A-Zoning, Section 5.G.2.a., Building and
Site Regulations, which requires a front and rear setback of 40 feet
each. '
4. The applicant would like to construct both buildings A and B with 25
foot front yard setbacks, requiring a variance of 15 feet, and
building B with a 15 foot rear setback, requiring a 25 foot
variance. Please see site plan at the meeting or on file in the
City Clerk's office anytime before the meeting.
bh
XC: City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
Members - Board of Adjustment
A:FACTS160.DOC
REVISED
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement published and must
be submitted to the Office of the City Attorney eight (8) working
days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
BUILDING DEPARTMENT
PREPARED BY:
Al Newbold
DATE PREPARED: 8/14/91
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adjustment Public
Hearing Notice for Case #160 to be held at City Hall, West Wing,
2nd floor, Conference Room C, on September 23, 1991
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: All property owners within 400 feet of
property, Board of Adjustment members, City Commission,
City Attorney, City Manager, Bldg. & Zoning Director & applicant
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
BOYNTON BEACH NEWS
September 5 and September 12, 1991
(1 )
~/{fo//
( tel
( 2)
(City
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
bh-8'/91
A:LNO#160.DOC
,
NOTICE OF PUBLIC HEARING
NOTICE 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 Zoning Code of
said City:
Case #160
Owner:
Donald Fisher
Requested
Variance:
Code requires front & rear setbacks'of 40 feet.
Applicant requests 25 foot front setback for both
buildings A & B and a 15 foot rear setback for
building B. Therefore, a 15 foot variance is required
for front setbacks & a 25 foot variance required for
rear setback for building B.
Proposed Use:
Two 4-unit buildings
Location:
2107 S.E. Third Street
Legal
Description:
Lots 8-13, inclusive, Sunny Oaks Addition
A PUBLIC HEARING will be held relative to the above application by the BOARD
OF ADJUSTMENT at City Hall, West Wing, second floor, Conference Room C,
Boynton Beach, Florida, on Monday, September 23, 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 Adjustment with respect to any matter considered at this
meeting will need a record of the proceedings and for such purpose may need
to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
September 5 and 12, 1991
bh
A:LAD#160.DOC
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TO:
See Below
DATE: September 13, 1991
FROM:
Shannon Burkett
Deputy City Clerk
RE:
Attached please find copy of a letter received this morning from
Ms. Lillian Mayhew, Sr., in opposition to the granting of this variance.
M~~ &vvkett:
cc: R. Eney
J. Miriana r-'
T. Newton p-'
A. Haynes
H. Solomon
v. Thompson
B. Uleck
K. Clair V
P. Slavin ",/
CA. N~~
CITY OF BOYNTON BEACH
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BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks be~ore meeting date
I
,1 =
Please prlnt or type
,
Submittal date:
,f-U4
'"
2...
(.-rq I
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)
<g'--/"5
Block
, Subdivision $lh1/N y bAKs A-JdlT;~~
/
Plat Book
2. "1-
, Page
/0
or otherwise described as follows:
Property Address _
2107 S.E. 3rd Street
The following documents are required to be submitted with this
application to form a single package. Incomplete package will not be
accepted:
Y/l. 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 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 structures
B. All existing structures that a~e to remain on site
C. Setback lines for all structures drawn perpendicular from the
properly lines to the cloSBst vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties in~luding 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
V 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.
I
j 4.
Proof of ownership of property
purchase contract agreement.
petition. a notarized copv of a
accompanv the petition,
by petitioner(s), such as deed or
If an aqent is submittinq the
letter desiqnatinq him as such must
V' 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 tvpe):
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;
"
. "
.
BOARD OF ADJUSTMENT APPLICATION
Page 2 11
B. That the special conditions and circumstances do not resul t
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 io 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
~oynton Beach, must accompany this petition. ~
t"o ~S--41 reL.t~ ~c::;\..nq 6760 (1/w ;L'1 71
7. Name and address of owner: _Dr)/JPtL.d ri~he,,,..,, S-v"v.-;~ FL... ?~3J3
"
8. Name of applicant: 00,A/ A- &d h' ') he, I""
Applicant's address: b7be; ;A/w rq 'f"~ "7t..JA//':~ r""- 31?13
Applicant's phone #: (3()5") 7JfI- o~tt-J "
Date: ;1"'1 :" 1"f'1'l Signature of Applicant: 9-~ f}-~
-----------------------------------------------------------------------
To be completed bv the Buildinq Official or Representative
1. Property is presently zoned:
R-3
Formerly zoned:
R-3
2. property Control Number:
08-43-45-33-13-000-0080
3. Denial was made upon' existing z.oning or sign requirements (list
sections[s] of Code from which relief is required):
Appendix A-Zoning, Sec. 5.G.2.a.
4.
Nature of exception or variance required: Code requires front &,rear
setbacks of 40 feet. Applicant wishes to have a 25 foot front setback'
go!_both buildings A & B and a 15 foot rear setback for building B. .
Therefore, a 15 foot variance is required for front setbacks & a
25 foot varia~ce required for rear_._s,~tba'ck of buildin,g B.
Date: 8/9/91 Permit denied: ~~~
. P~l1i""~epartm:z: ~
Case Number: 160 Meeting Dat~': ~fJ/9/91 ~ qJ__-=1 7'/
5.
-----------------------------------------------~-----------------------
To be filled out bv Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay.
stipulations:
Signed:
Chairman
i .""__..:-
STATEMENT:
A. The property a~i platted and zoned will not yield a reasonable building. Only one
of the six lots can comply with single family zoning.
B. The property was developed many years ago, when zoning regulations were more
lenient.
.oS-
C. It is hoped that similar distressed sites in this zoning district would obtain
the same relief a& is requested.
D. Literal interpretation of zoning requirements will in ~ffect prevent any building
on the site forever. The setbacks simply will not allow'any one to develop the
property.
E. I believe the requested variances are-minimum dimensions necessary to provide a
reasonable use of this land.
F. These variances will allow construction that will be in harmony with the intent
and purpose of the zoning code. The setbacks requested will not disturb or harm the
neighborhood, or be detrimental to the public welfare.
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