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REVIEW COMMENTS STAFF REPORT BOARD OF ADJUSTMENT April 19, 1993 Case #175 Location: on South Federal Hwy. directly north of Hampshire Gardens Co-op's and directly south of Gentleman Jim's restaurant. Owners: Philip Patenaude, Trustee for the Owner Request: The applicant requests approval to allow a 25.11 foot lot frontage for a two (2) acre piece of property located on South Federal Highway. The 25.11 foot frontage is 74.89 feet less than the 100 feet required by Section 5.G.2.a. of the zoning code. Analysis: Club 25, a group of developers, is under contract to purchase the referenced two (2) acres of property to develop into a condominium project. The property is zoned R-3 and the minimum frontage required for all lots proposed for development in the R-3 zoning district is one hundred (100) feet. Find attached Exhibit "A", a letter prepared by Club 25, which represents the statement of conditions for the request. The following list is provided to assist you in making your evaluation: a. The only lot frontage existing for the subject property is 25.11 feet, which is 74.89 feet less than required by the zoning code. b. The two (2) pieces of property that are abutting the subject property are both developed. To the north is Gentleman Jim's, and to the south is Hampshire Gardens. c. If the applicant were to purchase property from either adjacent property owners, it would result in both developed properties becoming non-conforming with regards to side setback dimensions. d. The site plan drawing, submitted by Club 25, designated as Exhibit "B", is a presentation drawing of proposed future development. The plan, to date has not been formally submitted to the City for review. e. On July 14th of 1980 the Board denied a request for reduction in the required frontage for the subject property. f. The applicant is requesting that 25.11 feet be acceptable for the frontage of the subject property. MH/cmc xc: City Manager City Attorney City Clerk Planning and Zoning Director Members - Board of Adjustment A: CASE175 -1- EXHIBIT "A" CITY OF BOYN1ON BEACH - BOARD OF ADJUSTMENT APPLICATION FOR; Club 25 - 40 Unit Condominium Project on 2 Acre Site 2404 S. Federal Highway Boynton Beach, Florida Folio No. 08-43-45-33-00-000-5140-001 DATE; February 8, 1993 APPLICATION ITEM NO.5 A. That special condition and circumstances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the sane zoning district; .. The special conditions and circumstances peculiar to this parcelare that this parcel was subdivided sometime in the past in which this rear portion was est.ab- lished with a Federal Highway frontage and access width of only 25.11 feet. This unusual condition was created before the current purchaser contracted for the site. We are not aware of any similar site conditions." B. That the special conditions and circumstances do not result from the actions of the applicant; .. This special condition was created as the result of property sutdivision many years prior to the proposed purchase of this property and did not result from any actions of the Applicant." C. That granting the variance requested wil not confer on the Applicat any special privilege that is denied by Ordinance to other lands, buildings or structures in the same zoning district; .. Granting this variance will not confer any special privileges to this Applicant. On the contrary, this application is requesting the change to have the same rights as other properties in this district - which is required by the minimum 100 Ft. frontage stipulated inthe zoning regulations." D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights conmonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary hardship on the applicant; .. The literal interpretation of the provisions of the zoning requirement would work unnecessary and undue harship on the Applicant by denying him use of the land. Other properties enjoy the right to be developed for their intended use without restriction. Though this property woulf only have 25 Ft. frontage the remaining property dimensions are similar to other properties in this district. The request for this variance would then allow this property to be developed as requested, as are other properties. E. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. II This variance is the minimum variance that will make possible the reasonable use of the land - as th land is now divided the 25Ft. frontage on Federal Highway is the only access to the site. The site adjacent to this access road is currently occupied by Gentleman Jim's restau~ant to the north and by the Hamshire Gardens Condominium developnent to the south. There is no way to provide additional frontage on Federal Highway.'" -2- Page 2 F. That 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. " Granting the variance will be in hannony with the general intent and purpose of this chapter by allowing for the developnent of the site as multi-family residential. This purpose would provide for the enjoyment of the property and int~oastal in harmony with Boynton Beach lifestyle. The site plan relects the Applicants intent to respect certain environmental characteristcs of the site by creating a natural transition between the habitable area and the Intracoastal waterway. Granting the variance will not be injurious to the area and will benefit the public welfare by providing a use for otherwise vacant land and additional tax base for the public benefit." -3- , I l/,/,c-/R..- A/PCR.4-VT . ~- ~, ~~ '" ~~ I"'" '~IA ~'~ ~~ ~l:S ~","4eE ....."'''''"R...".v.r- ~ , :--;~~~C""''''''~I''''rr,p : _ ."__ .,' <4"'0 E,Ur" ~ ~"-41(.. ,.... "{'/t.(/L/..V,fd/" _ _ _ '~.~'4Y..(.:;/ -. F~-7/7 ~--_. R'........4'4rB;;;:;:- ___ '" . ~ RA"tr /S, 2': -. .... 22'0' ~ ~ ~ ~ ~ ~ '. i, '- ~~ .:r , ~I;~ ~ ~~~ tl ~I ,; ~I ~~ ~ I I i j i l-i " ! I l ! J" f " -:s-,. ;... -,", ~'~ -.",.,.. .~~~ "".......... .~~~ '" "'" ~ ....~- "-:'......~. "'""-~ ... - "" I I ~'1i ~ ~ ~I' ~ ~ '\ " ~:~ l::. 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'H~P ., "4AffE " ~~ ,'~:~' ~ r:..o';I.. 'I; 1'1 ~ '..' I s~~ 20~ ~E r...,.. .. .. (. .1 -:: 3 b).. " "..~ ~~. 0: J "I g 7' l,., ~VIO k> ~T ~ ~I ~112.2 CI) 8< Q 1\::; 1\= 1.= ~I,~ ;1 ~ I ~ ;'8 j;@~~@l&<ili)~ @ ........:. ~ "8 ~~4') i) ~.t;&". ~,.., 10 ~ / :: . .~ I':> I'" ,... 'v CIJ - ,., It) ~ . ~ ~' ...... r.:y - - - ~-il SE 21st -~VE I .- ~ ~ &,,' Bro' ~@ ""1_ , .. . 14 (7) IlO ';;;ill" --...: I: '01' ~t3 12. ~ I 0 0 IV = I~ @ I.&J ~ tl'"". - ~ C 3 - " , t-~ 1 ~ "" I:)~, ~ I (I]j) I - 'm,1 ~~, '(: "311' @ - "T:l rr.REST'(I~ .&:; PALMWAY FAIRFIELD . ... , GARDENS:; C(..OO ..:. rt) ,5]' . _ APTS. , '3Q' CONDO ~ ~ CONDO. ~ I \4) 7. Or. b rn <[ ..J ..J :> 2g <[z ~O O::u .... ,(/) lL. ....J => C) SEAGATE OF GUlfSTRE AM CONDO. I ) ~ COI 141 C@ Att.l i. -. (I-14). ~ I~ r ~ ,'CI)' 'I ",I ~ ',' ;~I"""'M...JlIt... .... x'. . ~ ~ ~ ii!l!jljjjj~j~~1~~j~~j~j1\j~j11j~~1!j!11!! ~~~~~~~~~~~t.:~~: ~ '\;:::: ~ tn@jI1J1~~~~~~~~\jljJ@I~~t~~\1~jij1{iIi@r\~I~~1~\~~i1I~~~\~1W\::: ~j1~1I:' . I ~ ~ ~ 'I ~ ! \~ l l~ ~/$ HAMPSHIRE ~ GARD ENS CO-OP I~~ JIooI'I . f! V ;;; .. ~.. C3 4.2~ 2!f . '.' "c... rJ~ I J. 10 oml ,., ~ R 01 tr S )N J. ~ 22. ..' ..' k ~ .. 'E--- - - i ,,.,.1 .. , . os.' "7~ ' J .. .. ". r.O' &,<>' (2 3 I 4 18 ~ 19 Wi' ~t' @D II II J J J:10 YN TON ,. ~ 12. 8 ; . 20 ~ ,H' 200' ~.. '0 .. 5 6 - I \c503) ., - '\.-- r )Q4) ~'" 0QV~~ @) ~ : ~,BENsot, :\I~O':~~ :if J ! '\ 14 C f). sf! /1 /" . ''''::::i:;.>. ~I~ ~5--ft\ _i -" ~\ / ~~ - ~. '!!. . '.. ~~s=' 15 Wi' /:.~ ~ if - 93 I WATE" ~-,--==7 . I r''''', 0"\ l ~T ~"I,,~~\JJC: -- 3 (520) ^ "':508) ~~ ~ '/1 /. ~ I RE C '~'b~ BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: ;;l.a.93 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) ~~ ~11};,r"g:l , Block Plat Book , SUbdivision 2 ; . Page 159 or otherwise described as follows: Property Address 2404 s.~ FED~ HIGHWAY, BOYNTOn BEACH . ~e following documents are required application to form a single package. accepted: 1. A sealed survey by a registered surveyor in the State of Florida, not ~ver six (6) months old, indicating: to .be submitted with this Incomplete package will not be 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 sfte'planproperly'dimensioned and to scale showing: A. All proposed atruj:tures =. _ B. All existing struc~res tHat 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 uf adjacent propertie'i 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 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 is complete and accurate. .- - 4. Proof of ownership of property purchase contract agreement. petition, a notarized copy of a accompany the petition. by peti tioner ( .), such ~,tI1 deed or If an agent is submitting the letter designating him as such must . s. Statement of special: conditiens, hardships or reasons justifying 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; " , -7- " . BC~;L OF '~JUSTMENT APPLICATION . . Paqe 2 6. ~~ 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, . L 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 welfar~ 1100 Application fee in the amount of $-2-T!'", 'Tpayab1e to the City of.. ~oynton Beach, must accompany this petition. 6. c,eE @(tf((7rr ) ~ .~~ I ~1()J /) 1=7{ i'~ 0:;-' Ll.v7E S Name of applicant: v,ntu::;., LG .~ 111-<. A6f1 11 CJe.m' ALV () Applicant's address: t;DC:~" 0 (I FL. I Applicant's p~fne .. -'1f: yJ ?1~ t Date.' ~~I(j,? Signature of App li can;; -CLu.rU~ ~~1...-- ~~e and address of owner: , ----------------------------------------------------------------------- To be completed by the Building Official or Representative l. Property is presently zoned: R- 3 Formerly zoned:' NIIl 2. Property Control Number: OB- 'f?>-i./S- 33-00 - 000 - S/lfD -001 3. '. Denial was mad~ upoll existiiiG ~ or .si9ft requirements llist sections(s] of Code f~ which're e is required): - A-rPbJ~\)( A Zo~IJJ<' S;:Ecrto~ S &. ~, 0.. ' Nature of exception or variance r'equired: Ij.JES Arp'-lc.A1Ji' e~cpOf..!.T~ (Uf~DV.A(.. 10 ri,.lQW A c:2~ II F'OoT l.or fR.o~T ACo6 roh. Pr tWO 1 Ai:e~ Pu:C(; l> F re.ot~RTi (.oc.I\~O 0.0 SO\.lT~ F~6IW.. 11\1.)1- 'li1c;Z5:11-fU~T' F~iA~ IS '7'1,90, ~~cT' Lf:~s T~Av 1lIt:. IDOf&r:r ~~vJR~ ey SeLTJDtJ5. b-.~,tL 6f'T"'~ ~6- . ,~ ...~. .;ji Date: ..tJ ).4 Permit denied: A.) /14 Building Department Meeting Date: /lfJRJt... /~ /993 5. Case Number: /7s- . . . ----~---------------------------------~--~---------------------------~- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye Denied . Nay Stipulations: Signed: Cha1:rman '" -8-' "' 8~lt{ Bit 'It-" J tJ :1-. ~ - Hudson -- - -- REAlTY 01 1111. PAI.M BI.ACHES, INL' m REALTOR' 211 South Federal Highway, Boynton Beach, Florida 33435 407-734-6000 407-276-3265 Fax 407-734-0784 January 26, 1993 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Attn: Michael E. Haag, Zoning & Site Administrator RE: Development of 2 Acres on Intracoastal Waterway Folio # 08-43-45-33-00-000-5140-001 Assigned address: 2404 S. Fed. Hwy., Boynton Beach, Fla. Dear Mr. Haag: I, Philip Patenaude, Trustee for Owner, hereby authorize Andre Tremblay and Serge Brochu, or Assigns representing the contract purchaser to act in my behalf in the matter of a Board of Adjustment application for a 40 Unit Condominium on the subject property. Very truly yours, Philip L. Patenaude, Trustee ,) /-/1//)l- j(I-~ ':> ;t',.r/Vc/t--t/a<<f?j/l/t,-.uu:,' Sworn to before me on this ~Day of January, 1993. Q,.,() jl~- . ,~~'1- .. . ~!O-.....~ fIlbert H. Stall .;':",-. Nor ARY PUrn:JC Sf ATE Or' FLCmDA MY C':1MMISS"O;\l EXP.m?J'T ;ro,!!?!):) bONl&D nmu GENERAL INS. UNO. -9- CLUB 25 1260 BLVD. LEBOURGENEUF SUITE 202 QUEBEC~ CANADA G2K2G2 cngJ. January 28 ~ 1993 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach~ Florida 33435 ATTN: Board of Adjustment Re: Development of 2 Acres on Intracoastal Waterway Folio #08-43-45-33-00-000-5140-001 TO WHOM IT MAY CONCERN: We~ Andrei Tremblay and Serge Brochu or Assigns hereby authorize Lawrence M. Sehres~ Architect to act in our behalf in the matter of a Board of Adjustment application for a 40 unit condominium on the subject property. Very truly yours~ dd~~~ Andrei Tremblay /s~ /f:~ Serged;:ochu Sworn to before me on this 28th day of January~ 1993. C&{Li~~, Albert H. Stall i.rG~'," v.y flJDi.}C ~i':1.1', elf" nOR!~A M) ((.:,,1;-"1.;;].,',:>;'; f:.~?$C!'T:~:J,,~195 1l'C!':~~D THf.U \XNhT.Al. ms. U1\.'1>. -10- ... ---- . MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Parcel #3 - A parcel of land lying partly in the south one-half of Section 33 and partly in the south one-half of Section 34, Township 45 South, Range 43 East, Palm Beach County, Florida, containing 2.00 acres, more or less, per description advertised. Request - Relief from 100 ft. frontage require- ment to 25.11 ft. frontage to construct multi-family residences Address - 2406 South Federal Highway Applicant - Daniel J. O'Brien, Agent James T. Nighswonger Vacation Ventures, Inc. Mr. Slavin read the above application and the authorization submitted by the owner appointing Mr. O'Brien as the agent. He reviewed the documents submitted and noted that all were in order. Mr. Danny O'Brien came before the Board representing Vacation Club, Inc. He advised they are requesting a variance from the requirement in the City code of 100 ft. frontage on multiple zoned property. This property was created in 1968 prior to the existing codes. In 1975, Gentleman Jim's bought the high- way frontage leaving the rear Intracoastal parcel with 25 ft. frontage on U. S. 1. They have contacted the adjoining pro- perty owners, Gentleman Jim's and Hampshire Gardens regarding access. Hampshire Gardens has a northern access road which parallels this 25 ft. strip. He submitted a letter from Hampshire Gardens rejecting this request. They also tried to contact Gentleman Jim's to get relief through their parking lot, but received no response. If access was given from Gentleman Jim's, they would lose about 1/3 of their parking lot. They have exhausted all possibilities to obtain access with no success. Mr. Blum referred to visiting this site and stated the only access to this property is along South Federal Highway which is 25 ft. wide. He understands 20 units are planned which would require approximately 30 parking spaces. This would create quite a bit of traffic into this 25 ft. road. In the event of an emergency with people trying to get out of this area, he understands a 6' retaining wall is planned along Gentleman Jim's property, so the only way to get out would be along the 25 ft. roadway. In the event of an emergency with cars wanting to get out, there is no way into Federal Highway without meeting a tremendous amount of traffic at any time of the day. The only way to get out is to go north. In the event of an emergency vehicle coming in, he would like to know how it would get in and the people would get out at the same time? -13- ~ MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Mr. O'Brien stated according to the criteria from the Engineer- ing Department, City roads are required to be 24'. The turning radius onto Federal Highway would probably cause a problem. He thinks there is about 20 ft. for turning into the property and the minimum requirement would probably be 25 ft. A fire vehicle could make the turn. He will not say it is an ideal condition from a traffic or engineering standpoint. However, he is not in front of the Board to negate an ideal condition, but to ask a waiver on 25 ft. versus 100 ft. They have done every- thmg JX>ssible to get another access. They have asked Hampshire Gardens, who only have a 20 ft. access into their property. The same considerations should have been given to Hampshire Gardens, which has a lot more use. They also requested access from Gentleman Jim's. He can understand the refusal from both. The normal ingress and egress for driveways to any project would be approximately 20 to 25 feet wide at the street side. The maximum driveway width in Palm Beach County is 35 feet and the minimum is 20 feet. The City codes run parallel to that. The 25 ft. width is sufficient for any traffic for two way flow. It is not ideal because of its location though, but that is not why it is before the Board. Mrs. Czufin referred to multi-family residences being planned and asked if Vacation Ventures meant people would be living there year-round and Mr. O'Brien replied these will be built as condominium units. There will be 20 units with 800 to 880 square feet per unit.. There will be a wall erected as required. Mrs. Czufin asked if the people would be living there year-round or just buying for two week periods and Mr. O'Brien replied that he did not know. Chairman Thompson stated that he thinks they buy the unit for a period of time with three or four people using the same apartments. Mr. Keehr clarified that this concept is being done at present, but he does not know if that is planned for this project. Mr. O'Brien clarified that it is a condominium type develop- ment and whether it is time sharing, he does not know. Hrs. Czufin stated that it does make a difference in talking about the roadway as she does not think there would be as much traffic with people living there year-round. Mr. O'Brien added that these are two bedroom units, but are not sized for families with children. They will not be motel type units. Mr. Blum stated that Vacation Ventures is a piece of prop~rty which someone can rent for two months, then someone else rents it for two months, etc. That is a Vacation Venture even though it is condominium design. This is the new concept of living today throughout the country. Mr. O'Brien stated he could not speak to this issue. The owners have corpora- tion names of Vacation Ventures, Vacation Resorts and Vacation Club. This is a condominium project for 20 units. He does not know if it will be a vacation resort. Any condo- minium project can be turned into a time sharing project at any time. He does not think it is relevant to the issue in front of the Board. -14- MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Mr. Blum stated if people are going to keep coming in and out, there will be more traffic than from a regular condominium. In this type of concept, it can be rented out for twelve months per year instead of the usual condominiums with most of the people being away in the summer. Mr. O'Brien referred to Village Royale on the Green being probably the largest condominium in Boynton Beach and ex- plained how they only had access by 22 ft. roads. Also, an application was approved recently by this Board for a similar project with a smaller access. Further discussion followed regarding the access into Village Royale on the Green between Mr. O'Brien and Mr. Blum. Mr. Zimmerman asked if they had contacted Tropical Acres regarding access to this property and Mr. O'Brien replied negatively, but added that the eastern side of Tropical Acres from their property line north is under contract to be purchased. They cannot go south of Tropical Acres as there is no room. They contacted the two immediate people. They thought there would be an amicable solution with Hampshire Gardens, but they do not want additional traffic on their service road. Chairman Thompson asked if anyone wanted to speak in favor of granting this variance. Mr. Lawrence Drum, 3131 N. E. 42nd Street, Fort Lauderdale, stated he was the co-owner of the property before it was sold to Mr. Nighswonger. He purchased ~t about seven years ago in this ~me configuration. Before purchasing the pro- perty, he had an architectural firm design a conceptual plan and they showed an attractive entrance which met the require- ments. Over the past seven years, he has verified with the City that 22 units could be built. This problem was only brought to their attention when Mr. Nighswonger applied for a permit. This proposed development is far superior in ap- pearance than the surrounding neighborhood and is lower den- sity. The entranceway is contiguous to the driveway serving the large condominium to the south. In regards to an emer- gency situation, he believes in an emergency the entire Gentleman Jim's parking lot would be available for exit from the property with more than adequate space. On the north side, there is a 40 ft. easement which would prevent any access from that side. On the south side, that condominium project is not in favor although they have a narrower drive- way servicing more people. If the variance is not granted, this would be a piece of property entirely landlocked. It could not be used for any purpose. It could not even be dedi- cated to the City for a park, since nobody could get in there to use it. He thinks it is a hardship to deny the variance. -15- MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Mr. Drum continued that he thinks it would also be a hardship to the community if this is denied because the proposed dev~- opment is a thing of beauty. He thinks it would be quite a diLemma to the City how to tax the property if you cannot get there and use it. He thinks this is a reasonable request. There are multiple examples of this type of entrance through- out the City. Mr. Blum referred to the reference to exit through Gentleman Jim's parking lot and asked how this could be accomplished with the wall therE and Mr. Drum replied that he is not ac- quainted with exactly what is being proposed, but a space could be required to be left open for emergency. Mr. Blum questioned this plan further. Mr. Drum clarified that if no variance is granted, the land is entirely landlocked and cannot be used for any purpose. Chairman Thompson clarified that at present, the property is not land locked since the property to the north is not developed. Mr. Drum questioned how they could get across the 40 ft. easement which cannot be purchased? Mr. O'Brien clarified that the property by virtue of ownership is not landlocked as they do have 25 ft. frontage on U. S. 1. If this cannot be used as legal access to the property, then it is landlocked due to the ownership of surrounding properties. Mr. Zimmerman questioned how many single homes could be built on this property without a variance and Mr. O'Brien replied that only one could be built since there is not frontage on a dedicated street. Mr. Zimmerman referred to subdividing the property and dedicating streets and Mr. O'Brien replied this could not be done because there is only 25 ft. onto U. S. 1. Mr. O'Brien referred to this being similar with Cove Point in the north end on U. S. 1 and stated that was a 40 unit development which was approved by the Board approximately two months ago. This is not an ideal situation, but it is a parcel of land which was created prior to the adoption of the present code. It was subdivided in 1968 and Gentleman Jim's took title in 1972 and Mr. Drum took title in 1974. It has been in the same configuration and was a valid lot at that time. The only portion of the code it does not meet is the 100 ft. front footage requirement. 20 units could be built on this property with all the setback and parking re- qui~ements met. They have made an attempt to secure other means of ingress and egress. If they could get 50 ft., a street could be dedicated into the project. They have ex- hausted all remedies and that is why they are before this Board. -16- MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Councilman de Long stated for the information of the owner, each year the County Commission sits as a Board of Equalization to take care of cases such as this to hear claims of land- locked lands and give reduction in taxes. Chairman Thompson asked if where 23rd Avenue reaches U. S. 1, the property is owned by Tropical Acres and Mr. O'Brien informed him that the line between Tropical Acres and Gentle- man Jim's is the quarter section line and the approximate center line of 23rd Avenue, but 23rd Avenue deadends at u. S. 1. If extended, it would go between Gentleman Jim's and Tropical Acres. Chairman Thompson asked if anyone would like to speak against the granting of this variance and the following came before the Board. Mr. Ed Tottser, 2450 South Federal Highway, stated this notice of public hearing was presented at an inopportune time since most of the residents are away as is normal during the summer. Neverless, this variance is so important, so vital, and so serious, they do have a small delegation from Hampshire Gardens to fight this. He requested the people present from Hampshire Gardens to stand up. He then presented a petition to the secretary signed by the residents in opposition to this. Mr. Tottser continued that" since an ordinance is like a muni- cipal regulation, they cannot conceive how the Board of Adjust- ment can even consider a variance of this magnitude with giving relief from 100 feet to 25.11 feet. He referred to the other requests being for a smaller amount. They believe this request to be a mockery of the 'laws and ask the Board to deny this request. Mr. Tottser referred to the entrances to Gentleman Jim's and Hampshire Gardens being at the intersection of 23rd Avenue and Federal Highway and stated if this variance is granted, the developer intends still another entrance between these two entrances. This is a very busy and congested intersec- tion where there have been many accidents. It is also the main route for emergency vehicles going to Bethesda Hospital. The proposed entrance will have a traffic impact on this con- gestion. He invites the consideration of the Traffic Safety Committee. He requests this to be denied. To allow this, 25 ft. frontage, it means all traffic to these proposed 20 units would be funneled through a tight opening closely paralleling their property and close to 35 bedrooms along that road. According to the drawings proposed, the road will be 32 feet from their property. The use will aggravate the noise problem and pollution. -17- MINUTES - BOARD OF ADJUST~mNT JULY 14, 1980 Mr. Tottser continued with stating there is not a definite indication as to the type of operation planned. However, from all indications and the names of Vacation Ventures, Vacation Resorts and Vacation Club, it is suspected this will be a time sharing project. This means instead of 20 units being occupied, there could possibly be 520 occupied units per year. If this is the case, all of the previous objections are greatly understated. Mr. Fred Wulff, 2420 South Federal Highway, stated that his bedroom borders on the north road of Hampshire Gardens as does 75 other bedrooms. They object to the granting of this vari- ance. Progress should be permitted provided it does not create a condition that will be a detriment to the people residing there. Hampshire Gardens was incorporated in 1964 and there are 236 families living there. At least 50% of the residents do need and require more bed rest than others and most of these people sleep in the 75 bedrooms on the north road. This request to build a 20 unit structure to house 20 families appears to be a fallacious statement. This corpora- tion is an attempt to build 20 units to be sold to people who may purchase the unit for two weeks or two months per year. Instead of 20, there may be 520 or 1,040 running in and out. The parking requirement has been met, but there are no plans for a pool or clubhouse. It has been his experience that any- one who lives in a vacation area extends an invitation to friends and relatives to come on down and where will the overflow of vehicles park with only allowing l~ per unit? Also, with having no recreational facilities, it will com- pound their problems as the people will probably be using their pool. He requests the Board to deny this variance since it will increase the traffic and noise pollution on the north side of their community,where none exists now, and affect the delicate health of their residents. It will destroy the tran- quility of their development. It is also expected that the construction truck traffic and building equipment will create more problems. The weight of these vehicles will damage their roadway and buildings. This will increase the traffic conges- tion. How will the people get out if there is an emergency? Considering all these points, he asks that this request be denied. Mr. Joe Oths, 2430 South Federal Highway, stated he agrees with all the previous objections. He represents Building 2430 and ~hey feel the variance for changing zones and spot zoning is very unfair. This is unfair to the people of the City. It is unfair to the Zoning Board to give one person the privilege to violate regulations. In giving permission to one to change the laws, it must be given to others. In the course of time, this could escalate and they could find a disco club next door. -18- MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Mr. Oths then read a letter from Dr. & Mrs. Benjamin Strumpf objecting to this variance. Mr. Fred Carpenter, 2460 South Federal Highway, stated when the ordinance was adopted, it was for the good of the great- est number. The standard of 100 ft. frontage was necessary for the protection of others. It is a rather blatant atti- tude to ask for a 75 ft. reduction in the prime requirement of such an ordinance. When the owner purchased the property, he knew of the code requirements ~nd at that time, he should have conformed accordingly. 'TIle seriousness of the traffic situa- tion and safety should be recognized. The testimony of the applicant was very indefinite regarding the use of the pro- perty. In the quotation of the applicant's road width re- quirements, it went from 20 to 28 feet which is a consider- able leeway. Also, the majority of the people here are in- terested because they are voters and reside here. He is interested in the development of Boynton Beach for the best interest of everybody. They request this application to be denied. Mr. Mark Willman, 2240 South Federal Highway, stated one point which hasn't been brought up is during the winter season when that traffic light at 23rd Avenue turns red, the traffic backs up past his apartment at the south end. If an emergency vehicle had to get into that 25 ft. driveway, there is no possible way to get in when all the people are here during the season. Even the Hampshire Gardens people have a hard time getting out of their driveway. Mr. Danny O'Brien announced for the benefit of everybody present, there is a pool planned in this project. The special condition that brings this before this Board is seeking a variance for the condition of 25 ft. frontage which exists and was created prior to the adoption of the present code. The circumstances creating this frontage were done in 1968. It was not done by Mr. Drum, who re- cently transferred the property to Vacation Ventures, Inc. By not granting the variance, it will deprive the applicant the rights commonly enjoyed by others with multiple zoned property. The variance is the minimum which could be re- quested under the code. The granting of this variance will not cause anything detrimental to the health and welfare of the public, but he can see the point of Hampshire Gardens not wanting an extra lane of traffic going north of their homes. The minimum setback is 20 ft. and their homes will be setback 32 feet. The vacant ground will be developed into 20 homes which will not be detrimental to the public. -19- MINUTES - BOARD OF ADJUSTMENT JULY 14, 1980 Mr. Drum referred to being the previous owner and stated he will become the owner instantly if this variance is not granted because Mr. Nighswonger will not pay for the land because he cannot use it without a variance. They are not asking to shorten the size of the road, but just want a driveway larger than the one adjacent with less traffic. If Mr. Nighswonger goes into time sharing, that would be up to the City and it would still represent fewer cars than the adjacent driveway. There will be only 20 units and there could never be more than 20 families. The vacancy rate is 25% in time sharing, so there would be 15 families maximum using the driveway. This is a request for relief from a severe hardship. The land cannot be used without the vari- ance. Mrs. Czufin questioned why he did not build on the property and Mr. Drum replied that the zoning allows 22 units and 20 are proposed. When he bought it in 1974, he could not obtain financing. They are not asking for anything more than that which exists up and down the highway. A resident of Hampshire Gardens stated the two speakers in favor are the purchaser and seller, which is not reflected upon the true merits of this case. The hardship situation is not new, but existed for sometime. Mr. Ridolfi asked if the 20 units are within the density allowed and Mr. Keehr informed him that this property is zoned R-3 which allows 10.8 units per acre and the den~ity of 20 is legally allowed. Mr. Zimmerman referred to this formerly being zoned C-l and asked when it was changed to R-3 and Mr. Keehr replied in 1975 and it is correct it was formerly zoned C-l, but C-l did permit multi-family use. Mr. Blum made a motion to deny this request, seconded by Mr. Slavin. No discussion. As requested, Mrs. Kruse took a roll call vote on the motion as follows: Mrs. Artis Mrs. Czufin Mr. Zimmerman Mr. Ridolfi r.lr. Slavin Mr. Blum Mr. Thompson - Aye - Aye - Aye - No - Aye - Aye - Aye Motion carried 6-1. (Variance denied.) -20- ~'ndlcat.d. under, and pursuant to the provisIons of the zoning code of said ,.;' ',; ";"'''~)~<~~~~il,,,,..\~h;'~~'f*,}i~:~~~t$.~~~i':t:.(;.~, ,'. Parcel'/1 .'to'tt 1~I..tJF"5 tllrlf ta;i'leu"HIS 'r1ght:'of-way. Block 7" <t~~\:,,'<>?:~~j:~~'BEVERLY HILLS ADDITIOII fIO.,lf~"'\f ..~,..,<, '~';)~:>;,<i':;"':. Recorded In Plat Book .13 .'Page,~" "\f';"1:f~~'~;;;.Pa 1m Beach : ~ountY,Recordl ~.. ~:' ',' ,', ~'. }i~~ ',i, ...~.: ~ < ....' "\'>";",1,)0'1 "':r'"f- .,i: '.,~ ~ '0 ' . I; .,...,,:,:110 .~ '\;iIV.t!V,~llequeSReHe', frOllll'equ r~n.t to screen from view the ., '.: '\;;;".J~. '~;;),~"~~~ pen ,s.torage y.ard" .,~, "'. ", '~~':,~'~~.~~. <<"". '.<' . . .,' / '".'~" : "',\.~'I!''i):.I.... -"of1''''I.t,. - ,4..;~' '~"f'" - ':i(',/~ .~.~~' '~~AI , 'r.~ ,;;<". r, >:t~i";~<~"Addres $$ owes t;, Ocean' Av . ',. . ~~;~:~.:' " ,': >:;,;'};'~App I.~' 'Ifna;;:"art~.i': ;:'"' ,,:\:,,~'V'''::C.' Dog, fence ,\";<~'~..y.. ',,\ Parcefiz '~lo "S. oc . >:;: X"'~AKE BOYNTON! ESTATE . ,"; Recorc!ed In Plat Book 13"Page3 . '~t Pa!m B,e~;~,~~,~U~~t~,ReCO~~~}~~~r . _;;;:~+,' Request~':{~r"(Relle"'r0lll75 't;: frontage requtrement to 60 ft. ,.y'.',:/;r:;,~l('frontage to construct duplex residence Add~~s's;;;J(~'216 .5., ".'6th'Street.:>,~>, Appll cant0!:cre'9o~t..~18uckleY'.ndWI 111l1l'l J. Gr'UI!r.ler . ..__.::r ::>7:~..~~..~<~,. _b','" <~,;;~:i'r~:~_~:~:~~"~~;;';'.'" ~: Parcel 13 - A parcel 'of' land 1ylng partly In the South one-half of Section 33 and partly tn the South one-half of Section 3%. TownshIp 45 South. ' Range 43 East.' Palm Beach County. Florida, said parcel being I:1Ore particularly descr!bed'as follows: 'I --'.> , ..:', '.' _,. _,~ " . ".,', " Commencing at the IntersectIon of the East-West quarter section lIne of saId Section .33 with the East(rlght-of_ay Hne of U. S. Highway No. 1 (State Road t~. 5) as shown In. Road Plat Book 2 on Page 159. Public Records of .Palm Beach County; . thence Easterly. along satel East-West quarter sec~on line, a dIstance of 33~.48 feet to the point of'beglnnI09; thence-contInue Easterly along the same course a distance of.232.50 feet to the. quarter section corner in the East line of sale! Section 33: thence continue Easterly. along the East- West.quarter'sectlonllne of said Section 3". . distance of 155.90 feet to an IntersectIon with the West rlght-of_ay line of the Int.-acoastal Waterway. as shown In Plat Book 17 on Page 13A; thence. Southwesterly along saId West rlght-of_ay lIne. a eistance of 211.63 feet to an, intersectIon with the Easterly extension of . line 209.46 feet, South of.' as measured at rIght angles. and parallel with the saId East-West quarter lectlon Itne of Section 33; thence , Westerly,along said parallel.1Ine. . distance of 715.02 feet to an Intersection with the laid East rlght-of_ay lIne of U. S. Highway ,No.1; thence "ortheasterly, .Iong saId tast right-of-way line. . distance of 25.11 feet to an Inter-section with. lIne 184.46 feet South of. as measured at rl~ht angles. and parallel wIth the said East-West quarter section line of Sectfon 33; thence Easterly. afong said parlHfel line. a dlstanc~ of 352.14 feet: thence ~orth-. erly, at right angles to t:'e preceding course. aelstance of 184.1,6 feet to the poln! of.be~fnnlr.p. Containing 2.00 acres., more or less. 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