AGENDA DOCUMENTS
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Monday, March 15, 1993
7:00 P.M.
City Commission Chambers
100 East Boynton Beach Blvd.
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A. Acknowledgement of Members and Visitors
B. Approval of Minutes
C. Continued Petitions - None
D. New petitions
Case #176 620-622, 630-632 S.E. 2nd Avenue
Property
Owners: Elizabeth and Michael pettenicchi
Request: The applicant requests approval to allow two lots
each with an area of 7,500 square feet be developed with a
duplex on each lot. Section 5.G.2.b. and 5.F.2.1. specifies
a minimum lot area of 4,500 square feet per unit is required
for duplex use. Therefore, to develop a lot for a residential
duplex use, the lot shall have a minimum area of 9,000 square
feet.
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.
CC: Honorable Mayor and Commissioners
Building Official
(10)
MH/cmc
A: AGENDA
STAFF REPORT
BOARD OF ADJUSTMENT
Case #176
Location: 620 - 622, 630 - 632
S.E. 2nd Avenue
Owners: Elizabeth pettenicchi
Request:
Reduction of lot size for duplexes from 9000 sq. ft. to
7500 sq. ft.
A variance to Ordinances:
1. Appendix A, Section 5.G.2.b.
2. Appendix A, Section 5.F.2.a.
Analysis:
The site includes lots 23, 24, and 25 of The Lawns subdivision.
The site is zoned R-3 Residential Multi-Family.
north is CBD; to the south, east, and west R-3.
Zoning to the
Subj ect properties are the last remaining vacant lots on the
blockface.
Development of multi-family would yield very small units that would
be less than 750 feet as required by Code. Building two stories on
a small property is not feasible.
Other variances for lots size have been granted in the past.
No other properties in the immediate area are available to request
variances of this nature.
The new structures will meet all other code requirements for
developing the site.
MH/cmc
cc: City Manager
City Attorney
City Clerk
Planning and Zoning Director
Chairman and Members - Board of Adjustment
A: STAFF
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
Please print or type
Submittal date:
2/8/93
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)
23, 24, 25
Block
, Subdivision
The Lawns
Plat Book
4
, Page
69
or otherwise described as follows:
Property Address
620-622. 630-632 Southeast 2nd Avenlle
The following documents are required to be submitted with this application to
form 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 str~ctures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. ~asements 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 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 01
the applicant's knowledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner ( s ), such as deed 0]
purchase contract agreement. If an agent is submitting the petition, c
notarized copy of a letter designating him as such must accompany thE
petition.
5. Statement of special conditions, hardships or reasons justifying th~
requested exception or variance. Respond to the six (6) questions belm
(A-F) on a separate sheet (Please print or type):
A. That special conditions and circumstances exist which are peculiaJ
to the land, structure or building involved and which are no'
applicable to other lands, structures or buildings in the sam4
zoning district;
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
t 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 $400.00 for the first variance and
$100.00 for each additional variance, payable to the City of Boynton
Beach, must accompany this petition. '
7.
Name and address of owner:
Elizabeth pettenicchi
8.
Name of applicant:
Michael pettenicchi
Date:
2/8/93
47 South Harbor Driver Ocean Ridqer FL
738-5667 Tj ()
Signature of Applicant: (.~ ~
Applicant's address:
Applicant's phone ~:
-----------------------------------------------------------------------
To be completed by the Planning and Zoning Department
1.
Property is presently zoned:
R-3
Formerly zoned: Unknown
2.
Property Control Number:
08-43-45-27-04-000-0230
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
Appendix A, Section 5.G.2.b and Appendix A, Section 5.F.2.a
4. Nature of exception or variance required: Reduced required square
footage for duplex lots from 9,000 square feet to 7,500 square feet.
Date Building Permit denied by Building Department:
1/8/93
Building Permit Number:
93-0071
s.
Case Number:
176
Meeting Date:
3/15/93
-----------------------------------------------------------------------
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
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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;
1. This parcel is on the south blockface and would allow 4
units in a multifamily configuration. If the site is
built under the existing building and site regulations,
a one story building would only be twenty feet wide and
the units would be less than 500 square feet. (The
size of a large hotel room.) This is less than the
required 750 feet per unit required by the R-3 zoning.
In short, the parcels, as they are presently
subdivided, are too small to comply with the site
regulations of the R-3 district.
B. That the special conditions and circumstances do not result
from the actions of the applicant;
1. These lots were platted as 50 x 100 foot lots. Due to
the fact that they are close to downtown, zoning them
for multifamily residential is sensible but the size
and configuration of the lots make it impossible to
build under the R-3 zoning.
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;
1. The parcels are the only ones left on the blockface,
but there are other parcels in the R-3 zoning district
that might be eligible to apply for this same variance.
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
unnecessarily and undue hardship on the applicant;
1. Some variances have been granted for lot size in the
R-3 zoning district. Most of these are for multifamily
building with small lots.
E. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
1. The variance is the minimum needed to build two
duplexes. The buildings will meet all other site
regulations as required by the R-3 zoning district and
the Code of Ordinances.
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.
1. The variance will be in harmony with the R-3 zoning
district and will not be detrimental to other
properties in the R-3 district. The site is the last
vacant site on the blockface and would be less intense
than other uses around it which are either
office/commercial or higher density residential.
A:ZONING.JM
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
,
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
App1icnt:
Address:
Request:
Determination:
BOARD OF ADJUSTMENT VARIANCES
LOT SIZE
150
11/15/90
N&D Auto Body
617 W. Industrial Avenue
10,000 sq. ft. reduced to 7,946 sq. ft.
Denied
143
4/9/90
Affordable Home Development
816 N.W. 6th Avenue
7,500 sq. ft. reduced to 6,270 sq. ft.
Approved
123
11/9/87
Paul Maddock
670 N.E. 9th Avenue
_ 7,500 sq. ft. reduced to 6,625 sq. ft.
Approved
121
9/14/87
Daniel Jordan
336 N.E. 12th Avenue
6,000 sq. ft. reduced to 3,780 sq. ft.
Approved
109
9/8/86
Rev. Nathaniel Robinson
1505 N.E. 1st street
7,500 sq. ft. reduced to 7,490 sq. ft.
Approved
106
9/8/86
Vincent Gallo
1015 NoW. 7th street
7,500 sq. ft. reduced to 6,967 sq. ft.
Denied
105
11/10/86
Goldie Fisher
731 N.E. 8th Avenue
7,500 sq. ft. reduced to 6,625 sq. ft.
Approved
100
3/10/86
Manuel R. sambugo
841 S.W. 1st Court
7,500 sq. ft. reduced to 6,000 sq. ft.
Denied
99
3/10/86
Vincent Vi11afance
840 W. Ocean Avenue
7,500 sq. ft. reduced to 6,000 sq. ft.
Denied
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
Case #:
Meeting Date:
Applicant:
Address:
Request:
Determination:
97
3/10/86
DINT Enterprises, Inc.
212 N.E. 14th Avenue
7,500 sq. ft. reduced to 6,204.9
Approved
96
2/10/86
MGM structures, Inc.
1750 N. Seacrest Boulevard
7,500 sq. ft. reduced to 7,137 sq. ft.
Approved
95
2/10/86
Thomas Hoadley
650 S.E. 2nd Avenue
6,000 sq. ft. reduced to 4,989.67 sq. ft.
Approved
92
9/9/85
Donald Finton Construction
214 S.E. 7th Avenue
10,000 sq. ft. reduced to 9,703 sq. ft.
Approved
88
7/8/85
James & Florence Marsh
1155/1157 Willard Way
12,000 sq. ft. reduced to 11,180 sq. ft.
Approved
86
7/8/85
steven Petrone
1625 N.E. 1st street
7,500 sq. ft. reduced to 6,420 sq. ft.
Approved
85
7/8/85
Albert H. Dean, Jr.
640 S.E. 1st Avenue
15,000 sq. ft. reduced to 10,000 sq. ft.
Approved
84
11/4/85
Robert Brown
731 N.E. 8th Avenue
7,500 sq. ft. reduced to 6,625 sq. ft.
Approved
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MGE No. ~:9
O'BRIEN, SUITER & O'BRIEN, INC.
ENGINEERS - LAND SURVEYORS - LAND PLANNERS
2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA _ 276.4501 732.3279
I HEREBY CERTIFY that the plat !Shown hereon Is a true and correct representation of a survey of
the lands descrlbt!ld hereon made In AccordAnce with the minimum technical standards for land survey-
Ing In the state of Florida as set forth by Chapter 21HH-8 Florida Admlnlstrallve Code.
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O'BRIEN, SUITER & O'BRIEN, INC.
ENGINEERS - LAND SURVEYORS - LAND PLANNERS
2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA ." 276.4501 732.3279
I HEREBY CERTIFY that the plat shown hereon Is a true and correct represenlallon of a survey of
the lands descrIbed hereon made In accordance with the minImum technical standards for land survey.
Ing In the state of Florida as set forth by Chapter 21HH-6 Florida Admlnlstrallve Code.
FiElD BOOK 8 /2 E3
pAGE NO. !7 tb
ORDER No.9 2-22 2
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