AGENDA DOCUMENTS
STAFF REPORT
BOARD OF ADJUSTMENT
Regular Meeting November 15, 1993
CASE #187
Location: 1 Virginia Gardens
Owner: Robert Fay
Request: The request is to reduce the twenty-five (25) feet
required front setback to nineteen (19) feet and reduce
the ten (10) feet required east side setback to one
point five (1.5) feet for the purpose of adding a
accessory building (detached garage) in the front yard
of the single family residence lot. This request is a
variance to section 5 C. 2. and 4 B. 1. of Appendix A -
Zoning Code
Analysis: Robert Fay, the property owner, is requesting approval
to construct a detached garage (accessory bUilding)
near the northeast corner of his lot. The lot is
located in the R-I-AA single-Family Residential zoning
district. The surrounding properties are as follows:
North
East
- Condominiums zoned R-3 Multiple-Family
Dwelling
- Residential structure located in Palm Beach
County
Residential structure zoned R-l-AA
- Parking lot Sun Wah Restaurant, however, the
property is zoned R-l-AA.
South
West
Mr. Fay resides in the single family structure that
exists on the lot. See the attached reduced copies of
the survey and site plan. The front of the subject lot
contains a fifteen (15) foot wide road easement, which
allows the property owners that reside east of the
subject property access to their homes. The leading
edge of the north side of the proposed garage will be
set back nineteen (19) feet from the north property
line of the lot. This places the leading edge of the
garage four (4) feet south of the south edge of the
fifteen (15) foot wide road easement. The leading edge
of the east side of the garage will be set back one
point five (1.5) feet from the east property line. The
survey of the subject property indicates that a
Department of Transportation (D.O.T.) easement exists
on the property east of the subject slte. The easement
runs parallel to and extends fifteen (15) feet east of
the east property line of the subject property. The
construction of the garage shall conform to all
applicable code requirements.
Find attached Exhibit "A" a document prepared by the
applicant which represents the statement of special
conditions for the variance request. The following
list is provided to assist you in evaluating the
request:
1. The subject property is zoned R-l-AA and the
applicant resides at the property in a single family
residence.
2. The subject property contains a fifteen (15) foot
wide road easement that extends across the north part
of the property. The road easement allows the property
owners to the east access to their property.
/
Page 2 BOA CASE #187 STAFF REPORT
3. A fifteen (15) foot wide D.O.T. drainage easement
is located on the property east of the subject
property. The easement runs parallel to the east
property line of the subject site.
4. The code specified setbacks for the subject
property are as follows: front twenty-five (25) feet;
side ten (10) feet. The code specifies that an
accessory structure shall not be in the front yard.
5. The topic under consideration is to reduce the
twenty-five (25) required front setback to nineteen
(19) feet and reduce the required ten (10) feet east
side setback to one point five (1.5) feet. The new
setbacks create an expanded buildable area for the
purpose of adding an accessory structure (detached
garage) to the northeast corner of the above referenced
site. The proposed setbacks will be measured from the
property line to the leading edge of the building.
MEH/jm
Att.
cc: Board of Adjustment Members
City Manager
City Attorney
city Clerk
Acting Planning & Zoning Director
Michael Haag
A:FAY187.JM
0[
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Monday, October 18, 1993
7:00 P.M.
City Commission Chambers
100 East BOYnton Beach Blvd.
-------------------------------------------------------------------
A. Acknowledgement of Members and Visitors
B. Approval of Minutes
C. Agenda Approval
D. Continued Petitions - None
E. New Petitions
Case #186 201 East Boynton Beach Boulevard
Property
Owner/Agent: Kenneth Zengage, agent for Forward Progress,
Inc.
Request: Applicant requests to reduce the ten (10) feet
required front setback to zero (0) feet and reduce
the ten (10) feet required side setback to two (2)
feet in connection with the installation of a free-
standing sign for a car wash business.
Case #187 1 Virginia Garden
Property
Owner: Robert Fay
Request: The applicant is requesting to reduce the twenty-
five (25) feet required front setback to nineteen
(19) feet and reduce the ten (10) feet required side
setback to one point five (1.5) feet for the purpose
of adding a detached garage to a single family
residence lot.
F. Other Business
G. Adjournment
Notice: Any person who decide~ to appeal any decision of the
Board of Adjustment with =espect 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 Lecord of the procee~ings is
made, which record includes the testimony and evidence ~POu which
the appeal is to be based.
CC: Members - Board of Adjustment
Honorable Mayor and Commissioners
City Manager
City Attorney
Planning and Zoning Director
City Clerk
Building Official
Recording Secretary
Applicants (2)
(10)
MH/cmc
A: AGENDA
STAFF REPORT
BOARD OF ADJUSTMENT
October 18, 1993
Case #187
Location: 1 Virginia Gardens
Owner: Robert Fay
Request: The request is to reduce the twenty-five (25) feet
required front setback to nineteen (19) feet and
reduce the ten (10) feet required east side setback to
one point five (1.5) feet for the purpose of adding
a detached garage to a single family residence lot.
This request is a variance to section 5 C. 2. of
Appendix A - Zoning Code.
Analysis: Robert Fay, the property owner, is requesting approval
to construct a detached garage near the northeast corner
of his lot. The lot is located in the R-l-AA zoning
district and Mr. Fay resides in the single family
structure that exists on the lot. The front of the
subject lot has a fifteen (15) feet wide road easement,
which allows the property owners that reside east of the
subject property access to their homes. The location of
the proposed envelop for the garage will be positioned
four (4) feet south of the south edge of the fifteen
(15) feet wide road easement and one point five (1.5)
feet west of the east property line. The survey of the
subject property indicates that a Department of
Transportation (D.O.T.) easement exists on the property
east of the subject site. The easement runs parallel to
and extends fifteen (15) feet east of the east property
line of the subject property. The construction of the
garage shall conform to all applicable code
requirements.
The property to the north and east of the subject
property is located in Palm Beach County. The
development to the north is the Colonial Club Condo
which is located in the City, however, a narrow portion
of the south end of the Condo is located in the County.
The property to the south and west is located in the
City and has a R-I-AA zoning classification. The
property directly west of the subject property is
residentially zoned, however, it is part of the
commercially zoned restaurant site that fronts on U.s.
Highway #1. The residential zoned property is developed
as part of the parking lot that serves the restaurant.
Find attached Exhibit "A", a document prepared by
Robert Fay, which represents the statement of
special conditions for the variance request. The
following list is provided to assist you in evaluating
the request:
1. The subject property is zoned R-l-AA and the
applicant resides at the property in a single
family residence.
2. A fifteen (15) feet wide road easement exists across
the north part of the property. The road easement
allows the property owners to the east access to
their property. The property to the east is located
in Palm Beach County.
3. A fifteen (15) feet wide D.O.T. drainage easement
is located on the property east of the subject
property. The easement runs parallel to the east
property line of the subject site.
-1-
Page Two - Robert Fay/Case #187
Board of Adjustment - October 18, 1993
4. The Code specified setbacks for the proposed garage
structure are as follows: front twenty-five (25)
feet; side ten (10) feet.
5. The applicant is requesting approval to construct a
detached garage nineteen (19) feet from the north
(front) property line and one point five (1.5) feet
from the east (side) property line.
MH/cmc
C:CASE#187
xc: City Manager
City Attorney
City Clerk
Acting Planning and Zoning Director
Members - Board of Adjustment
-2-