APPLICATION
\
\
\
\
,
PENDING REQUEST FOR REHEARING
CASE # 179
l.^W O",..(;E5
SOOSE CAS!Y CIKLIN LUBITZ MAr:.TENS McBANE a. O.CONNEl.L
A ,...."TN~1Il5..lP I"lC\'Ur;lING PRO"C&GIONAL ...S.Sue'...TIOIoi.
-,C')r I;r~t I. AC' ~RM"'N, "'''
1:l~'.I\:.: Q ..... r.:, "".QI:"'. ... ".
,'r.e.,~lO 9 .' f.I1, Po",-
~IL'.'~'" ,.. 1I"'')!lf, m, ......,
...Ot!... O. 130l ~'N. '",A.
taCt ~~,""'" .. Ii"Qw"
,"^lll1''';I\.J C ,'~;tY, "A.
AI.J.,l., eIKI.IN, "'A
,""e"..oI:.. W <;CN..OOlO
"On'UIT L. ell',NE. IS.A.
nO./.\1 P Il: t 11l',~';:ENZO
.J^T ~, rl^N~
Lcr . Gtl~C"'~
'~'I\'"" 0 (ililt:fP'.j1
LI''''''~,J, H..."r.'5. PA.
C!:"'''f, A. ",E... S. II, "-
111'11101\1 e, ",0$\,'1N, P.....
GREGORY S. !<JIjO
CHARLES It. LUBITZ:. ... A.
tOW,'" C, LUIllS"OAO
I't'l;H....RO L, M"'''TE:rlS, "A
LOU'. .. ....c....N... .....'
TIIoI01'HY P. ,,',,:eARTHY. ,. A.
CLAUO'.... ~, ""I<ENN"
MOOlf'l';!I a (s",p') ""LeC:"
BA'I'>N ..., O'CQ',NEll, '"....
PHIL O. O.I;ON....ELl, .I11l.. P....
oJ. ""COlT F'AR~HiJ~ST
C;HR'&'I'OPHEA J. TWO"'!;"
.I0~1'l I't, VQUNC, P.A.
tONHlltel:...I;(iIl'lLC
tS"Io4C,A", 2"a.L~.
F'HILL'" I), O'CONNn~, ~"'. {'ljQ7-,pfp)
0,.. ~Ou""..~
.JOHN L. REM!!!:'"
NO..TliIPRID(;E TQW~~ I' ISp" "LOCI;
!II!! NORTH ,.L.....C..rA C'lll/E:
W~S't PALM 8 E"'CH , F~.QA'C... ;la...ol
HlIP...ONIO (407) a;J~-~ 9~O
HLECO",~1'l :40'/1 8J3.4i!09
MAII.IN;; APO~E$$
".0. CI'l........~1'l oe1ete
WEST ".J,LloI B["'CH. ".. 3:)"Cil- 4~;>6
June 17, 1993
l1A. .lAI.I- ~.!IL771-t'21
James Cherof, Esquire
JOSi8S , Goren
3099 E. Commercial Boulevard
suite 200
Ft. lAuderdale, Florida 33308
Re: Leqal Opinion on Need for Variance
Dear Mr. Cherot:
Chris Cutro# Planning Director of the cit.y at Boynton Beach, has
sU9gested that r cont.act you regarding the neQd for a variance for a
pOol my cllont wants t.o construct on the Southeast corner of North
Road and Northeast OrivQ in Boynton Beach. I have enclosed a ~ap
ghow~.ng the looation of the parcol.
ta~t month, Thomas Diddle and Lettie Tallant-Diddle appoar9a ~~fore
the I\oard of Adjustment. t'equestin9' a varianoe to oonscruct a pool on
IS portion of their property which borders Northeast Orive. The
DJddl es were informed by the 8uilding Department. t.hat t.hey would
need a variance a5 the Code 5t~te5 in Section 11.1 that on corn~r
lQts, property bordering both streets shall be considered as front
yar<1s and no swimming pOOl shall be built 1n a tront yard. The Eluildin9
oepat'tment was of the opinion tbat the Dld<11e'S property was a
cornE!r lot and theretore 1t would need a variance trom the Code's
ptohlbltion ot POOlS in front yaras.
While I was not present at the hearing, Mr. Cutro stated that the
Board's decision was based on some mistakes of tact that I wilL not
go into at this time. The purpose of this letter 1s to request your
opinion on whether or not the Diddles indeed live on a .comer lot.
as that term is defined in the city Code. It is my opinion that by
defl~itlon they indeed do not, a variance was never requiredl and
tnerE'fore they can build a pool in their side yard.
JamQ8 Cherot, E.quire
June 17, 19P3
Pagl) a
The Boynton Beach Code defines ft corner lo~ as .ei~her a lot bound~d
entirely by streets or a lot lIhich adjoins 0. point of in'terseot.ion
ot two or more streets.. The Code alse defines street in part as 8
*strlp of lan", owned privately or publicly, which affords th.
principal means of access to abutting- property." After reviewing
the attached map, clearly North Road is a street . used by the
ne19hborhood as a principal means of access to their properties. On
the other hand, Northeast Drive is by definition an alley. An alley
is defined in the Code as a right-ot-way which afforeSs only a
s(Jcondary means of access to property: abuttinq thereon and is not
int41nded or used for usual traffic circulation. These alleys run
between every third house on North Road and South Road. While this
position was not clearly made at the Board of Adjustment last month,
there was testimony from the neiqhbors who consIder Northeast Drive
to be a lane which runs between two houses; that Northeast Drive is
rarely USdd by anyone except a few ot the neighbors, and the general
public nover uses Northeast Drive. Additionally, Chris Cutro stated
that NortheaQt Driv4 La a substandard riqht--of-way. There are no
safety icsue. .. their house bordering North Road is set back 25 feet
frolll the right-of-way, allowing unobstrucb~d vision, 8.nd the
neo~seary fenoing would be rGquired around the pool area.
Cle=1t'ly, the Diddle's lot is not a cornor lot .s that t~l1D is
defined by the Boynton Beach Code, and ~herQfor. a double front yard
is not requIred. The property bordering Northeast Drive is the side
yard and the Boynton Beach Codo does allov pools in ~idQ yarde as
long as setbacks can be mointained.
We are hopeful tbis matter can be resolved by Fridoy, June 18, 1993
AS the next Board ot Adjustment hearing 1s Monday evenin91 June 21,
1993. If this matter cannot be resolved prior to that dot., Chris
Cutro has indicated that it would be appropriate to Clppear before
the Board and request a Motion for Rehearing based on mistake of
lac t. Clearly, f f we do not need a variance, we do not want to
incur the e~pense of going through an additional hearlnq.
X apologize for the short notice, but I was not involved at the t1~e
of the last Board of Adjustment hearing and I had to rely on your
very busy Planning Department for much of this information.
Jam98 Cho~of, Esquire
June 11, ua93
Page 3
Please call ~e it 1 can answer any questions for you.
sincerely yours,
~~_1 \L
Gregory S. h~
GSK/ag
0449-22651
cc: Mr. and Mrs. Tom Diddle
chri~ Cu~ro, Planhing Director, city of Boynton Beach
~!!" FAX ~ ./7 - ZJ _sil.:~L..7
OATE TI~:~
~'7-J
~"2-.~-~' ,
/ti)" /) >/l-J!
r rr ~l ~
, , I ,...-0
..... " ..
., rJ. ~ -
*'. ,.
0
't-
- ..
..
.
;
C.
It' ·
-
tJI ,.0'
n
...Q--
DJ
.....Ga.!....
.... t
.
,
--~
..Q- ;
O'
- ..(;-'
1"'\'
..,.,.....-_.
___.-...l
. \
. .
.-""-'"
~
...l\i.-'!-
i
-_.~
~ t
"
. .-'
-011'-' ~
- - .
q ~,.-, '.l r,''': ::
,. . ~ "",.