LEGAL APPROVAL
%e City of
f}J<?jnton 'Beac/i
100 'E. 'Boynton 'Be/Un 'Boukvard
P.O. 'Bo~310
'Boynton 'Be/Un, :Fforida 33425.0310
City :J{aff: (407) 734.8111
:F:U: (407) 738.7459
February 19, 1993
Mr. Edward A. Haberman
Pine Point Villas Assoc., Inc.
3310 Loren Road
Boynton Beach, Florida 33435
Dear Mr. Haberman:
The Board of Adjustment, at their February 17, 1993 board meeting
approved your request regarding Case No. 173. The approval allows
a six (6) foot high fence to be located in the area described in
the zoning code as from the front building line to the front line.
The approval included adding a chain link fence to the top of the
existing site wall that fronts on Seacrest Boulevard. Said fence
and wall shall not exceed six (6) feet in height. This approval
grants you authorization to make the above described improvements
only. Installing the improvements to your project will require the
Building Department to determine what permits are required and what
permit procedures shall be followed. You can contact the Building
Department at (407)738-7480.
If I can be of further assistance, please do not hesitate to call.
~ ttrv
Christopher Cutro, AICP
Planning and Zoning Director
CC/cmc
Central Files
Building Department
Case No. 173 File
,'2lmerica's gateway to the guifstream
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AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Wednesday, February 17, 1993
7:00 P.M.
City Commission Chambers
100 East Boynton Beach Blvd.
A. Acknowledgement of Members and Visitors
B. Approval of Minutes
C. Continued Petitions - None
D. New Petitions:
Case #173 - 3310 Loren Road
Property
Owner: Pine Point Villas Association, Inc.
Request: Appendix A Zoning Section 4.J.1:
The applicant is requesting authorization to install a six
(G) foot high fence around the perimeter of the property within
the area described as from the building line to the front
property line.
(Withdrawn - See attached letter from applicant)
Case #174 - 507 Industrial Way
Property
Owner: James Rollyson
Request: Appendix A Zoning Section 11.H.1G.f.
The applicant is requesting a reduction in number of required
parking spaces. The uses that presently occupy the site/
structure require 100 parking spaces. The applicant wishes to
provide 77 parking spaces, therefore a reduction of 23 parking
spaces is requested.
E. Other Business
F. Adjournment
Notice: 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.
XC: Honorable Mayor and Commmissioners
Building Official
( 10)
MH/cmc
A:BDADJ
STAFF REPORT
BOARD OF ADJUSTMENT
February 17, 1993
Case #173
Location:
Pine Point Villas Assoc.,
Inc.
North Seacrest Avenue/
3310 Loren Road
Owners/Agent:
Ed Haberman,
President, Pine Point Villas
Association, Inc.
Legal
Description:
Pine Point Villas condo phases A, E and G and
the tract known as recreation area according
to plat of Pine Point Villas condo Plat Book
2311 page 709 in Public Records of Palm Beach
County.
Request: Appendix A Zoning Section 4.J.1:
J. OTHER STRUCTURES. To further clarify the definition of
structure as applied to all districts and boundaries, the
following shall apply except that corner lots shall be
regulated by other parts of this ordinance. The following
structures shall be permitted in front, rear or side
setbacks as provided in this ordinance, in any zone,
except where noted; taking into consideration existing
easements:
1. Fences, hedges and walls shall not exceed six (6)
feet in height, above finished grade, in residential
zones, except that from the building line to the the
front line the maximum height shall be four (4) feet.
When walls or fences are constructed as a part of a
subdi vision or site plan approval adj acent to a public
right-of-way, consistent with this section, setback of
a minimum of eighteen (18) inches must be maintained
for landscaping purposes.
The applicant is requesting authorization to install a six
(6) foot high fence around the perimeter of the property
within the area described as from the building line to the
front property line.
The applicant is requesting a variance to the above stated section
of Appendix A Zoning. The variance is to allow a two (2) to three
( 3 ) foot high chain link fence to be added to the top of an
existing block stucco site wall. The site wall is located along
the east property line of the project. The east property line is
approximately nine hundred seventy four (974) feet long and is
parallel with Seacrest Blvd. The project has one entrance driveway
to the site from Seacrest Blvd. The wall extends approximately one
hundred forty five (145) feet each side of the entrance wall/sign
that is located on each side of the entrance driveway to the Pine
Point Villa project. The proposed fence will align with and match
the height of the existing six (6) foot chain link fence that
extends around the remainder of the perimeter of the entire
project. The existing wall and proposed fence total six (6) feet
in height and are located in the area described by the code as from
the building line to the front line. Further defined refers to the
area that is located between the front property line and the front
of the building(s) located on this site. On September 21, 1988 the
City Commission approved a site plan modification that allowed the
existing six (6) foot high fence that presently exists at the site
within the area from the building line to the front line. The
Building Department denied the request on December 10, 1992 and the
applicant requests approval from the Board to install the
aforementioned fence. See the attached drawing provided by the
applicant that shows the proposed fence.
MH/cmc
xc: City Manager
City Attorney
City Clerk
Planning and Zoning Director
City Attorney
Members - Board of Adjustment
A:STAFFREP
J ;",
~llX Uf BO~NTON BEACH
BOARD OF ADJUS'!'MEN'r APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
Please print ~r type S~bmittal date: 'JAN"'A-'<~.' l\)\9~~
el/5C: No. /73
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 ~nd in support thereof state(s):
Property involved is described as follows: Lotes) ()C)\()
,
Block RA.tJ.<s (;.. l-\-a , Subdivision
~
'l'NP 1{5"-5 ~,<1
Plat Book ~~~\;.page r:rc)~_ or otherwise described as follows:
Property Address L..c1<.c:.~ ~ t-.:rr~,~ t=t aa~
'S~ RT'T'4c.fJf:.o lS.x,.hrJ, 'If~ tto~ l..~ t.J(~PnOlti" ~N~ .,,,,r (/"/,"'$ .
~. following documents are required to .be submitted with this
application to fo~ a single package. Incomplete package will not be
accepted:
1. 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. . Easementa~on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description
I. . Nwnber of acres to the nearest one-.nundredth (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 str~.s:tures =. _
B. All existing Itruc~res t"at are to remain on site
C. Setback lines for III 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
r. Elevations of the lowest finished floor of all structures on
the site
3. Certlf ied list of names and post off ice addresses of property
owners and legal descriptions of their property within 400' feet of
subject property, as reco~ded 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 1s complete and
accurate. .
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4. Proof of ownership of property by peti tioner (s>>, such as deed or
purchase contract agreement. If an agent is submitting the
petition. a notarized copy of a letter designating him as such must
accompany the petition.
~ ~ :
S. Statement of specia]; conditions, hardships or reasons justi.fying
the requested exception or variance. Respond to the six (6)
questions below (A-F) on a separate sheet JPlease print or typel:
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;
~ .
~Ju~~MENT AFPLICATION
.'
B. '1'ha t the special condi tions and circumstanc.s 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, 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 welfaie.
fl.;fI>D.co ,'UJ lat). be'" -tDo'"/1lNlPJ,)&.
6. Application fee in the amount of $2'7'5, payable to the City of--
Boynton Beach, must accompany this petition.
7. Name and address of owner: 51 ~ ~~ ,,\ tlAo ~$C;:I:J. A- TlO~ ~c..
. ,
8. Name of applicant: ~~ ~X~\ '<f\\~~ ~~M"'~~ ~
Applicant'S address: ~\O \...o~ ~.~ ~t..Yr'~ ~~\ .8::s~
Applicant t s phone I: Erg 5 -:3 'Tee
Date: \-\\"'~'3 Signature of Applicant: ~--,.~ A-. ~........- ~-.
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To be completed by the Building Official or Representative
1. Property is present.ly zone.d: R- 3 Formerly zoned:' AIM
PHA.se A . fl/Alt: Eo
2. Property Control Nwnber: 08-Y.'a,-L!S -Of/-/f;-OOI- oaoo oa-f/3-ClS-09~/S'-()Or-OOOCl
. PIJ"s,6- (a oB- "'3.-..fs-:-.o1-'J~ _007_0000 'llN' ()6"Y3-"'S-O"-IS-~oo - bOlO ~~c.
3. . Denial was made upon existinq &zoning ... al;ft- requirements (listA~&4.
sections[s) of Code 'f~ which'relief is required):
-
A ~Pe.NO\X. Ii ;ZO~.I\J c.,. Sf;c.1iC)1\,) J-f.:r I.
4. Nature of exception o.r variance required: Pl.AC.~ A ~~M:.E. Lom,I~ ,Jlf
P~~T ~f:TBA"'< AlU:ft TiJAT IS SIX I h')o;t=E:1' 1.f'G.t4 wWt:,.#..) Tij~ Coot: ~OOI~ 1'1Jt
fC-~ftJ(.i:: Nor -ro ~"C.~M ~UfL/,,") Fl:E.r.t.,~".,-r:
Date I /;"//1/ /~~ Permit denie41 '_ ~ .
. . B lld n9 Department
s. Case Number: /73 Meeting Datf:: F'6,g. /< /ff~
. .
.
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'1'0 be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved V
Aye '7
StipUlations: Ale) i.-r1.pvlAri~/lJ-1
Denied .
. Nay {)
Signed:
-- /2fj
"'
Pine Point Villas Association Inc.
3310 Loren Road · Boynton Beach, FL 33435
(407) 585-3780
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MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN CONFERENCE ROOM .C..
CITY HALL. WEST WING. BOYNTON BEACH. FLORIDA. ON WEDNESDAY.
FEBRUARY 17. 1993 AT 7:00 P.M.
PRESENT
Vernon Thompson, Chainman
James Mirianat Vice Chainman
Nello Tineri, Secretary
Thomas Cordie
Ben Uleck
Irving Sechter, Alternate
Paul Slavin, Alternate
Mike Haag, Zoning and Site
Administrator
ABSENT
Barkley Garnsey (excused)
Henrietta Solomon (excused)
ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
Chainman Thompson called the meeting to order at 7:07 p.m. and introduced the
members of the Board, Mike Haag, and the Recording Secretary. Chainman Thompson
announced that two Alternate members would be serving on the Board this evening.
APPROVAl OF MINUTES
Paul Slavin moved to accept the minutes of the November 16, 1992 meeting without
any additions, deletions or corrections. Mr. Cordie seconded the motion which
carried unanimously.
CONTINUED PETITIONS
None
NEW PETITIONS
Chainman Thompson announced that there are two cases for discussion this
evening. Those cases are Case #173 and Case #174.
Before beginning with the new petitions, Chainman Thompson announced that Mrs.
Solomon was absent due to the recent death of her husband. Also, Mr. Garnsey
notified the office that he would not be in attendance. Chainman Thompson
reminded the members of a recent discussion regarding the absence policy. Any
three absences can constitute dismissal from a City Board. Further, Chairman
Thompson received a copy of the City's policy with regard to participation by
Board Alternates. Alternates can, and should, participate in the discussion,
but may not vote unless they are participating in place of a Regular Board
member.
Clse '173 - 3310 Loren Road
Property OWner:- Pine Point Villas Association, Inc.
Request: Appendix A Zoning Section 4.J.1:
The applicant is requesting authorization to install
a six (6) foot high fence around the perimeter of the
property within the area described as from the build-
ing line to the front property line.
- 1 -