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APPLICATION /r M E M 0 RAN DUM March 18, 1993 TO: Sue Kruse~ty Clerk ~~ FROM: Christopher Cutro, Planning and Zoning Director RE: Board of Adjustment - Case No. 178 Accompanying this memorandum you will find a copy of the application and supporting documentation for the above referenced case. The legal advertisement forwarded to your office Attorney and City Manager. for this request after review by will be the City aId Attachments xc: Project File /1 - ~/#17:? CITY OF BOYNTON BEACH BOARD OF ADJUSTMENT APPLICATION Please print or type Submittal date: 3/15/93 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 su?port thereof state(s): Property involved is described as follows: Lot(s) 13 and 14 Block , Subdivision Subdivision of Lot 3 of Laneharts Subdivision Plat Book 10 , Page 39 or otherwise described as follows: Property Address 311, 315 and 319 N.E. 13th Avenue 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 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 (l/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 of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner ( 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. 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 type): 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; -4- 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, 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: City of Boynton Beach P.O. Box 310, Boynton Beach, FL 33425-0310 8. Name of applicant: Christopher Cutro Applicant's address: 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 Applicant's phone #: (407) 738-7490 Date: 3/17/93 Signature of Applicant: ~~\ ~ To be completed by the Planning and Zoning Department 1. 2. Property is presently zoned: R-2 Formerly zoned: N/A Property Control Number: 08-43-45-21-21-000-0130 3. Denial was made upon existing zoning or sign requirements (list sections[s] of Code from which relief is required): Appendix A, Section S.E.2.a 4. Nature of exception or variance required: Community Development Corporation desires to purchase the property and build two single family homes on 50 foot wide lots where 60 foot wide lots are required. Date Building Permit denied by Building Department: N/A Building Permit Number: N/A S. Case Number: 178 Meeting Date: 4/19/93 To be filled out by Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay Stipulations: Signed: Chairman -5- JUSTIFICATION STATEMENT FOR VARIANCES 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; The the has for parcel is multiple lots owned by one owner. Other area is generally one lot owned by a single owner. taken place on single fifty foot lots despite the 60 foot lots. property in Development requirement B. That the special conditions and circumstances do not result from the actions of the applicant; The Community Development Corporation did not plat the lots or has any previous development experience in this area. 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; The variance would not confer a special privilege on the Community Development Corporation. In fact, the variance would give the CDC the same privilege other property owners have. 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 Orc.inance and would work unncessary and undue hardship on the applicant; Other single family home development has taken place on fifty foot lots in this area. Literal interpretation would punish the Community Development Corporation for owning land larger than one lot. Other single family owners have been able to build on fifty foot lots. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; No other variances are needed to build. If lots were not side by side no variances would be needed. 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. The construction of single family homes on fifty foot lots will be in harmony with the neighborhood as well as the ordinances of the city. Construc~ion of new homes in the area will help the area and not have any detrimental effects on other property owners in the area. -6- C E R T I FIe A T ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. ~L1;~ C~ APPLIC T/AGENT APPLICAT.WPS