Loading...
BOARD OF ADJUSTMENT rr1ie City of 'Boynton 'Beacn 'Pfanni11fJ t:!J' Zoni11fJ 'Departmtnt 100 "E. '1Joynton tJJeo.di. tJJoukvard P.o. 1Jo~310 tJJoynton 'Buuli., :FCorUfa 33425-0310 (407) 738.7490, :FJ4X: (407) 738.7459 November 6, 1991 Donald Fisher 6760 N.W. 29th street Sunrise, FL 33313 RE: BOARD OF ADJUSTMENT CAS 2107 S.E. 3RD STREET, LOTS 8 - 13, SUNNY OAK "A" Mr. Fisher: The following is the result of the Board of Adjustment deliberation, November 4, 1991 meeting, regarding your request for a special exception to the requirement(s) of Appendix A-Zoning, referred to as Case Number 164. Variance request - reduce the required forty (40) foot rear setback to thirty-five (35) feet was approved with the condition that the approved rear setback be limited to lots 12 and 13 of the subject property and that approved variance Case Number 160 (same Pfoper,_~y~ regarding the rear setback be limited to lots 10 and 11 i d. ~ +t.f;~ ' If I can be of further assistance, please contact me. Administrator MEH:ald XC: Central Files Project File J1lmeri.ca's gateway to tlie gulfstream TO: Board of Adjustment Members FROM: city of Boynton Beach Staff REFERENCE: staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: #164 2107 N.E. 3rd Street, Building A MEETING DATE: November 4, 1991 CURRENT ZONING: R-3 DESCRIPTION OF PROPERTY: Lot 8-13, Sunny Oaks Addition OWNED BY: Donald Fisher TYPE OF VARIANCE: Rear setback reduction FACTS: 1. This site is presently zoned R-3 and was formerly zoned R-3. 2. The required rear setback for the R-3 zoned property is forty (40) feet. Appendix A-Zoning, Section 5.G.2.a. 3. This is the second request for a reduction in setbacks for the described property. 4. The previous request was approved (Case #160). The request was presented by showing a proposed site plan that identified the location of two (2) buildings that would require approval of setback reductions in order to be constructed. The variance request was based on specific distances that would make each building buildable for the location shown on the site plan. The previous request did not take into consideration the rear setback reduction that is described in this variance request and needed in order to place the building as shown on the previous proposed site plan. 5. The land adjacent to the rear of the subject property is the F.E.C. Railway right-of-way with a Planned Unit Development and a R-2 zoning district located west of the railroad tracks. The remaining property bordering said property is zoned R-3 and is presently occupied with single family and multifamily structures to the south, east and vacant land to the north. 6. The present request is for a five (5) foot variance to reduce the required forty (40) foot rear setback to thirty-five (35) feet. XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment A:FACTS164.DOC .. October 28th, 1991 Board of Adjustment City of Boynton Beach Florida With reference to a variance requested for lots 8 through 13, Sunny Oaks Addition, I 'WOuld ask the Board for the sake of clarification, to grant a 5' exception to the 40' rear setback required, applicable to lots 12 and 13 only. The variance of 25' granted at the September meeting (a 15' rear setback in lieu of 40' required) will be for lots 10 and 11 only. Sincerely, ~~ f}~ Don Fisher DF/bad . . . , 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 Zonina Code of said City: Case #164 Owner: Donald Fisher Requested Variances: Code requires a minimum rear yard setback of 40 feet. Applicant wishes to have a 35 foot rear setback; therefore, a variance of 5 feet is requested. Proposed Use: 4-unit building Location: 2107 S.E. Third street, Building A 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. Commission Chambers, Boynton Beach, Florida, on Monday, November 4: 1991, at 7:00 p.M. Notice of a requested var1ance 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 1n 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 no~ified 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 proceed1ngs 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 October 17 and 24, 1991 pm A:LAD#164.DOC f1=A~'T, ex:: ~f>ee4~ wtJ'Dll1DtJ~: . ' .. A. Individual lot dimensions as platted were intended for minimal single family use _ fifty years ago. The property has been rezoned to R-3, but planning setbacks of 40' front and 40' rear are too severe for the maximum 119' depth. B. Applicant purchased the property this year. He has in no way influenced the shape of the site or has he had anything to do with the zoning laws. c. Granting this variance will not confer any special privilage. It is hoped that the Board will grant relief to any applicant with similar property restrictions. D. Strict interpretation of the zoning code will deprive applicant of the right to develop the property in a reasonable manner. E. The request for a five (5) foot variance is the minimum required to build a reasonable building at that location. F. Since this request is for a variance of the rear setback, and is for five (5) feet only, it will not be injurious to the area and certainly will not affect the public welfare. The adjacent property is the railroad r.o.w. ~,::::::::':' .. '. .. . -'.: , '... ...... ............. ';~~:; ',' ." '..... .. ',. : . .. ", :.. , , ) ~ C E R T I F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELI~F, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. c:tY~ ~~ APPLlCANT)AQBIn" " .. CITY OF BOYNTON BEACH iJ I /! -- I U .7 /' ,-.)' '- - ' . 9-30- 9'/ C4V$' I ~ ~ )5cC 9 3~v"~ tJA- , BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: Five (5) weeks before meeting date Please print or tVDe Submittal date: 9-,Qo- 9/ 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) ~~~/~ Block , Subdivision S t-J~~t t)A./ttS A-/::JtJ 17d)A.J , Plat Book 22 , Page , 0 or otherwise described as follows: property Address ~07 ~ a....J .rt-.) &t.bG. ~ . The following documents are required to be submitted with this application to form a single package. Incomplete paCkage will not be accepted: ~i. 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 12. A site plan properly dimensioned and to scale showing: A. All proposed structures B. All existing structures 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. v4. . 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 aaent is submittina the letter desianatina 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 tvpel: 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; _, Iii I BOARD 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, buildinq 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. 7. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. Name and address of ow~er': L2;)tJ4Ll) ;::tsJ./Pe b760 AMJ l.Sf sr $WLlS6 J 1"'\,,.... I ... .J .1""\ ~ II!" d.Ll.. /J ~; II I ~ Name of applicant: ~~~~~ r7~~~ Applicant's address: ~?t?O NuJ 'P!r::,I-{'r S V,v:e~bC- ~ 3-3 a/~ Applicant's phone #: ?,()~ lift O~4- / Date: ~. 30,lf1/ signature of Applicant: ~~ ~ 8. ------------------------~---------------------------------------------- To be comDleted bv the Buildina Official or ReDresentative 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 zoning or sign requirements (list sections[s] of Code from which relief is required): Ap~endix A-Zoning, Section 5.G.2.a 4. Nature of exception or variance required: Code requires a rear yard setback of 40 feet. Applicant wishes to have a 35 foot rear ~arq setback, tberef~re a variance for 5 feet is Date: ~ 10/1/91 ,Permit denied: Chief Plans Review e artment Inspecto: . , 5. Case Number: 164 Heeting Date: November 4, 1991 -----------------------------------------------.----------------------- To be filled out bv Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay _., Stipulations: Siqned: Chairman ~-pA~'l, Cx= ~f'ee4-A4- Co~Ol '""fLOtJ~ : A. Individual lot dimensions as platted were intended for minimal single family use _ fifty years ago. The property has been rezoned to R-3t but planning setbacks of 40' front and 40' rear are too severe for the maximum 119' depth. B. Applicant purchased the property this year. He has in no way i,nfluenced the shape of the site or has he had anything to do with the zoning laws. c. Granting this variance will not confer any special privilage. It is hoped that the Board will grant relief to any applicant with similar property restrictions. D. Strict interpretation of the zoning code will deprive applicant of the right to develop the property in a reasonable manner. E. The request for a five (5) foot variance is the minimum required to build a reasonable building at that location. F. Since this request is for a variance of the rear setback, and is for five (5) feet only, it will not be injurious to the area and certainly will not affect the public welfare. The adjacent property is the railroad r.o.w. ~,.. . <'i:" ". " f,.me I I\~l~(fl. \.:Illite Ml>LJIt" VIU~ CA.l.L. :# 55 . p, O. 8m( '910 Boynton Beach., ~ Ad4rm: Rec. I .'" , Fla, St. __ (0. bo Surtax - S;f. (rO Intang.. This Instrument Prepared by: ATTACHMENT ~O. 4 ,...~--.........._..,,~. ~ .! J .. I l. Address: .. ! 1 I d NOV-07-1990 10:20am 90-320668 ORB 6636 pg 26 Con 150s 000. 00 Doc 825.0 JOHN B DUNKLEJClERK - P8 COUNTY, FL Property AppraIsers Parcel r:o. (Folio) Number(s): THIS INSTRUMENT WAS PR.EPAR<<O l3Y GENE MOORE Grantee(s) S.S.#(.s): ~:nO~~O~Y:1T~LAW BOYNTON BEACH. FLORllJ/<. iU4Ui SPACE ABOVE THIS LIME FOR PROCESSING DATA SPliCE llBOVE THIS LINE FOR REroROIHO DATA lhis ~art'anty lDeed ~TClJ(, II.e /6 l;?1 J f C2u.- ~ JAMES Y. CARR and MARILYNN B, CARR, h:: :ife ' A D. 1990 by Iter<,inafler called Ill(! gran/or, /0 KENNETH FOCARINO whose posloffice aJrlr<,ss is 187 Monroe Avenue, River Edge, NJ 07661 l\C?reinafter called tile granteC': fWhe:rt\.'cr \I'\(d ht"n~ill 1111' Ct'.m.; "l(r4\lIhlf" ..nd "Ill;ran(r(" include all the partie", to ,hi, inUlumrnl and ,lIf lu,ju.t 1C:l(~l rf'I)f'('\c ntllni\ r,. ~II(J ~..~ilCn' nr indi\ idll~h. ,nd fll't ~tI(,CC'UUrJ .nd ...,il(n!l. or corpon1ion,) 1lmitness~lh: T/lol ,TIf' won lor, for onel ill consicl<.'rnfion of Ill<' sum of $ 10.00 and oIlier valual>le consicleralions. rC'c('ipl w/lC!rC'of is "C'r<!l>). Clck'IO(I,f('c1ffC'cf, llC'r(![JY gran/s. lwrgaius. sells, aliens. re- mises. releases, conveys anel confirms unla 1/1<.' granle('. all llwl cC'r/aill lanci siluole in Palm Beach County, FloriJa. lIiz: LOT 8, BLOCK 6, MISSION HILL, according to the Plat thereof, recorded in Plat Book 24, Page 178 of the Public Records of Palm Beach County, Florida. SUBJECT TO: easements, reservations, restrictions, road right-of-way of record, if any, and taxes for the year 1990 and thereafter. logether willt all tIle tenemenls. IleredUaments and appurlenances thereto belonging or in any- wise opperlaining. Jo MaUl? and' to Mold, lI.e same in fee simple forever. ~nd Ille granlor Iwrehy covenanls witll said grantee /1101 ITle gran lor is lawfully seized of said land in fee simple; tltal Ille grantor ',as good rig/l! and lawful au/TlOrUy 10 sell anJ convey said land; that t!le grantor hereby fully warrants tile title to said land and will Jefend tile same againsl 1/\(1 lawful claims 0/ all persons whomsoever; and that said land is free 0/ all encumbrances. excepl laxes accruing sUbsequent to December 31. 19 89. Ille said gran lor IlOs signed and sealed tltese presents tlte, day and year h~~HH(D ..,~.."..,...................J1D Carr COUNTY OF ~ JAMES Y. CARR and MARILYNN B. CARR, his wife I HEREBX:CERTlFY that 00 'lhis day, before ll)e, an aforesaid, to take acknowledgments, personally appeared i officer duly authorized in the State aforesaid and in the County to me known 10 be the person S dC5cribed in and who executed the foregoing instrument,and they acknowledged before /lie thaI t hey executed the same, I , ii2:;~:d~~:d~~~:I:1 ",I I" 'h. em'y,"d s,~:;:?... .hl. /~6 ~ /7~Y 01 OfFJ0W-sEA ~ / ~ ~ ~TIIRY NoU~~~~~~~rl~~ ......,.......:........REC.' 'i=H.r\iE'R1HED............ StAL My Comml..lon Explres PALM BEACH COUNTY. FlA SEPTEMBER 23,1992 JOHN 8, DUNKLE CLERK CIRCUIT COURT II """"" Q'g D~ @ - ~ , . ti II) -' i , . ',... <~ ". --lS-- -lUg @ 0- 0 I 8 ~ 'I '.-,^ - W D:::U) r I. (J -z ~ ~&&J ' . (' OJ) @ N 0..0 C:' .q ~o:: <tc( :I:(.!) - ,,. ,'. ~ 8 <( ~ ~ . ;...g ~ !_; ~CIl! 61.& ~~~~~~ ~ @v Q -' ILl. !: i>: (I) C '''a:t-f r -a... if oct ~ . t 011 .. ':i .. ! @@@ @ D I i I I i. f r ! I t\j ~ NV ~ c::.~ - .-- - o o z o u o z en c( :f- -(\I >'? " > CO .........-'\', <t ~ ......... -e- ". :!: . t' ""c( q r W;:) enQ; LIJ 0:: a en