APPLICATION
MEMORANDUM
TO: Sue Kruse, City Clerk
'~ €...
THRU: Christopher Cutro, Planning and Zoning Director
FROM: Michael E. Haag, Zoning and Site Development
Administrator
DATE: April 21, 1993
RE: Board of Adjustment - Case No. 179 & 180
Accompanying this memorandum you will find an application and
supporting documentation for the above referenced cases. Checks in
the amounts of $900. to cover the review and processing of these
applications have been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your
office after review by the City Attorney and City Manager.
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Attachments
XC: Project File
C:BOAMEM
CITY OF BOYNTON BEACH
~~rt 110. OY9131J,4/'
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CA~t J 7Cj
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
(f-9-93
Please print or type
Submittal date:
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:
Block /1/ 4- , Subdivision J ~ r 10 a r
~\
Lot ( s ) q
E.5 +q te..s
Plat Book
, Page
qg
NCJ rth
R.ot
or otherwise described as follows:
Boy /'It tJlj'\ f3 c. J... .
J=i :3 ~ 'i-35
are required to be submitted with this application to
Incomplete package will not be accepted:
Property Address
<gO.1.
The following documents
form a single package.
1. A sealed survey by a registered surveyor in the State of Florida, not
over six (6) months old, indicating:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the
Utilities on or adjacent to the
Legal description
Number of acres to the nearest
Location sketch of property
Surveyor's Certificate
site
site
one-hundredth (1/100) of an acre
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 th~
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;
-9-
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: l E. -r+: e.. ".. I"\~ T O""lIIt. .1 ~ ~ J e.r
W C).:l Nt) ,....,.1... te...J. .. y~ -to,", IS c:. ~'-
8. Name of applicant: J,...e.t-l-le. M.7"2tlle,,+-'b,'oIe1le.
Applicant's address: !O:L Nor+A. I?J f3oy"t-1'\ 13t:J...
Applicant's phone #: 'l-O ? - '7.~ c? -1I--""3~ Ct!fJNtt')
-----~:~:~---~~~-~~-~--_:~::::~::_:~_:::~~:::~~-~-j~~
To be completed by the Planning and Zoning Department
1. Property is presently zoned: fl-/4A Formerly zoned: AI~
2. Property Control Number: oe ~~ S'..s-~;)... ZJ7 OoU 00'0
3. Denial was made upon existing zoning ~ ~~ requirements (list
sections[s] of Code from which relief is required):
!fpp&..JO\ 'X Ii - ZlJNJlI/(P S6cTtDI\! / /. E:-. -9N() F.
Il J) t,
4. Nature of exception or variance required: S't:~ Ari'Al.#t=O E~L.JIBlr IT
Date Building Permit denied by Building Department: AJ/A
Building Permit Number: ~JA
5.
Case Number:
"11/77
Meeting Date:
MAt /7 /qq3
;
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved ,
Aye h
Denied
Nay
~
I
.
Stipulations:
/; / /7-/;/
-10-
EXHIBIT "A"
REQUESTED
VARIANCE:
The subject property is located on the southeast
corner of North Road and Northeast Drive. The
applicant is requesting approval to construct a
pool to within six point seven (6.7) feet of the
property line along Northeast Drive. The request
also includes installing a screen roof screen
enclosure to within three point seven (3.7) feet
of Northeast Drive. The code specifies that
"on corner lots, property bordering both streets
shall be considered as front yard". The code
also specifies that no pool and/or screen enclosure
shall be built in front of the front building line.
-11-
C E R T I F I CAT 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.
~i:tk. 7<? 7J!J- ~
AP LIC~r:J;'/AGENT&
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APPLICAT.WP5
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Printed for Lawyers' Title Guaranty Fund, Orlando, Florida
This instrument was prepared by:
Name William D. Chalek
CORRF;CTED .1. 67900 I
llt!Iarranly laced (STATUTORY FORM-SEGION 689.01 f.S.)
Address 711 North Flagler Dr.
West Palm Beach, FL 33401
OJ4ill 1fnllrnturr. Made this
/1~
day of
.1kc.e--tu~-"l_,
1 77 ' IIrtwrru
ULRICK W. MOESLY and AGNES INEZ MOESLY, his wife
, of the County of PALM BEACH
, State of
FLORIDA
, grantori<, and
=>
THOMAS DIDDLE and LETTIE TALLENT
whose post office address is 802 North Road, Boynton Beach, Florida
of the County of PALM BEACH
, State of
FLORIDA
, grantee-l<,
DIIunrsllrt4. That said grantor, for and in consideration of the sum of Ten Dollars and No/lOO-------
_ -- -- - -- --- -- --- - -- --- ----------- ($10 00)- -- -- --- --- -- ------ ----- ----- - -- - II
. ~a~
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Palm Beach County, Florida, to-wit:
All of Lot 9 and the East 100 feet of Lot 45, HARBOR EST A TES, according
to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded in Plat Book 21, page 98.
Subject to limitations, restrictions, reservations and easements of record
and zoning regulations of Governmental authority.
Subject to taxes subsequent to December 31, 1975.
Subject to easements and restrictions of record but this reference thereto
shall not operate to reimpose the same.
This is a Warranty Deed which has been corrected only as to the legal
description and is a correction of that Warranty Deed from the same Grantors
to the same Grantees, dated December 8, 1976 and recorded in OR Book 2614,
and sai~(MbEf,ttr9does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
* "Grantor" and "grantee" are used for singular or plural, as context requires.
'".} .i
antor has hereunto set grantor's hand and seal the day and year first above written.
. l,
'.)
ul,;J. 6[J, ~
Ulrick W. Moesly ,
r;:~Y' c.t ~ll&~ '- y 1 ~c.J~L
es nez 'sly rj
(Seal)
(Seal)
(Seal)
(Seal)
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
to me known to be the personS described in and who executed the foregoing
t hey executed the same.
WITNESS my hand and official seal in the County and State last
1977.
HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared
ULRICK W. MOESLY and AGNES INEZ MOESLY, his wife ."',.;;:",/;,;,:.,.,
. ,'.' ,r. r~'<~ ~:f:::-~"~S.~-i.:>,':'L
instrument and acknowlel(J9~1>e16H~ me'ftltlt
:I ''::;'''':-''-''''. , "'~.~e;.
< do ~'::"
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. );;.rY'~"'1I , IC~ '.)0.... ...} ;':'
....'j'.'::> .T::':~,.<."':>
My commission expires:
Notary Pu~lie: Sl~'" ,of Florida ot larg"
My Comm:s.."n I.:xp,rC5 June 24, 1979
a.~nd.\:l ~r ..~.rl~a/'l fj(41 .& C~lIillglry ee.
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b~~~H ~H 2 7 8 3 PAGE 1 358