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BOARD OF ADJUSTMENT MEMORANDUM :If!' d r c:(q I ~ I/AJV? i ~\l 1\J"&v- vlCl AO b- ~ II ~p~.Jf ~ / \ - U V- r:fJ\~- 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 ,-,^~ ~"-.-r;:- to ~-'10l:. cr:'( MANi\fjt:.\'(:::> " 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 /~ \ \)_W_L.J-.(-; ..' ~. 1'.;: ~~3. M E M 0 RAN DUM ~. .~~. ." --'/--,~ l . {?v J..//', .~ .,'1 /t)' S(p ","JI fiLl .' .~~\ ", 991 ,. , "-\ 'i ("Jit"l l /'\ ',,> Drr '-.Na !--- 6 /'1' 1CI/iL ,,' .1'-" G /,-~l;t'.4Cij fl.()9.\J {';. .:" . . #, \~:- ' '1.) I ........:. ,-~ 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 'i h3 '>c/2z:i f ,if _"v 7~ \'(.~-. (~75J - -- ;;/-1)/9/ (#~ -Ii ~ '~C)'f::t '7 ' . ( . . 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. , , , ....;...:..,.I'i...J...: !' J:(~-,! r 1h. !i '0" ...,' (. ! .:,-'.1/ ' :'1 '. .~ ;1' ~~~;',"}~t:' t:~, ~: ~'1:~ , ;~ l'/r,/~, ~,.. J' . : ';;~~t~~:<~ ,t . ... ~; ;I,W h!;q, ~ ':H:H~:jll'\~~fl: j', ll~~':' /' :: ~ihl\; ,.1 ;' "'~S.,.l ~ /r1.-,' , . , .I'l'~' to'" ",II.'" <,.; ,~!". .: . '~1 . ..-- ~lYJ-6'<-/ ~'\..- (- I .... . uJ / we I . \~. '-fYl'a.,f20'l;tl~ .:1., 4{) " - , . ~ ~ SE 15th " 28 AVE \.. <@D @ ~T I P,U Ti::ACT I OF SEe -I 't C3 ~ @ 1 OF WEST 3/4 ~ 12.40 AC ~ 3.99AC. ,. I; 0 OINT WEST IJ _ _ _ SE CONDO f I ~ RR2TZ; - ~ \ ~_ @) VILLAS .II 4PcrJ~/J;]lIDm' ;'~;':.~ ~~i . 4~'AC 32) ~7&.r&^ '.~~&f' ~~:~ ~l.,:. .H~~~l'J;,IEl\ ,I:~; I [;;) J.iEJCP-J 7) ~~!I..,I~~',. T~ -., ,I (i I:' 13 ~) 2: 2~'., , OP t...:31 /:1;J ~~~l:KJ SE 20TH AvE ..'.. ., .. 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