REVIEW COMMENTS
../
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 ln Palm Beach
County
Residential structure zoned R-I-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 pr0perty line. The
survey of the subject property indicates that a
Department of Transportation (D.G.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
oC
~~--"._----------_.._._._._-~-_._~--_."-_.._---~--------"-'_..,_._._._--_.__.._._--~_._.~~--,-_.-
BUILDING DEPARTMENT
MEMORANDUM NO. 93-209
October 12, 1993
From:
Mike Haag, Zoning and Site Development Administrator
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ~f~~ial
To:
Via:
Re: Board of Adjustment Cases No. 186 and 187
As per our previous conversation about the above referenced
cases, the Building Department offers the following comments:
Case No. 186 - This is only a request for location of a sign at
the Main Street Car Wash at 201 East Boynton Beach Boulevard.
Granting of this variance alone would not cover other violations
that have been noted. The proposed sign is 7' X 10' for a total
of 70 Sq. Ft., whereas, the Code allows 52.5 Sq. Ft. If a
variance was sought, it could only be for 25% which would still
be less than the 70 Sq. Ft. shown.
Also, the maximum allowable height cannot exceed 20 Ft. It is
our recommendation that the applicant be made aware that if the
location variance is granted, the other aspects of the Code must
be complied with or the variance request amended to include all
variances required.
..
Case No. 187 - This is a request for construction of a detached
garage, to reduce the required 25 Ft. front setback to 19 Ft. and
reduce the required side setback from 10 Ft. to 1.5 Ft.
In the absence of drawings, our comments would be that the
applicant should be made aware that Table 600 should be complied
with and that accessory buildings should only be located in side
or rear yards at least 12 Ft. from the principle building, per
Appendix A, Section 4.B.l.
It appears from the application that they want to reduce the
front yard to 19 Ft. which would indicate they wish to place it
in the front yard.
AN:mh
MAINST. BOA
OC"'" 1 .' ,~
l::',~
~
.\
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: See scehdule
dates
Please print (in ink) or tvpe
of dates for Board meetings and submittal
I
[?cc.~IPr A/o. DSB fJ. t'tV,-o
Submittal date: 9!t3/93 c~~c:Jl]81
.
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)
Block , Subdivision
Plat Book \ r-r , Page \ ~ L or otherwise ,described as follows:
Property Address 1 VI ~G/AJ(~ GI1RbEN I -86tIAfTdJJ8t:./ic H, FL
The fOllowing documents are required to be submitted with this application to
form a single package. Incomplete package will not be accepted:
1. Two sealed surveys 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 (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans 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 a~ ~~~n~ ;s sUbsmui~ti:ua th: ~~~~;~~nt a
notarized COpy of a letter desian_t___ _i_ as __c _ st c_______ _he
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 tvpe):
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;
+
Page 1 of 3
B. 'rhat the special conditions and circumstances do not result from
the actions of the applicant;
C. 'l'hat 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 i8 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, payable to the city of Boynton
Beach, must accompany this petition.
7. Name and address of owner: 0
EO(t "'TOAl
8. Name of applicant: ~r::~ FA Y
Applicant's address: G N
Applicant's phone #: ~ 8-
Date: ~ Signature of Applicant:
------------------------------------------------------
1. Property is presently zoned: ~ Formerly zoned:
2. Property control Number: ..Q.B" ~a- ~to- oy- 00- 00/ -OI3d..
3. Denial was made upon existing zoning ~ ~ requirements (list
sections[s] of Code from which relief is required):
fjPP&/IJIK II. ZON JN~ bt5.c:.1iot/ S C I :t. AN/) ~ B. /.
4 .
5 .
Case Number:
/87
Meeting Date;
Mv./s:- If??
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EXHIBIT "A"
/ of /
VARIANCE REQUEST
<<304 e.qs~ 11/87
REQUEST I To build a single story garage of block and stucco
with spanish-style tile roof to match owner's
residence which is situated on one and one-half
lots on a private road/driveway.
tH' ~.w~
REASON: To provide a garage for the owner's car and lawn
equipment. The latter of which is now stored in
the open exposed to weather, and in a portable
alumin'lm storage shed which does not compliment
the improvements made to the residence.
,
The four residences that can possibly see my
property from any angle have agreed that this
improvement would help all of our property values.
-Their approval of the garage, it's dimensions, and
of this requested variance are attached. (However,
they did not offer to help pay for it).
1
I,
Date:
~r to/qr,.
owner of the property at
82-1 111.~ (t.W<--
~tltlJ1Y b ~L{- r ~
have no objection to Robert Fay (owner of the property
locatad at 1 Virginia Garden, Boynton Beach, Florida 33483)
oon8tructing a 20lx281 garage involving front & side setback
variance as illustrated below to permit him to store his
personal residential lawn maintenance equipment. tools, and
automobile out of the weather at that same address as it
will enable him to eliminate the less aesthetically pleasing
portable storage dhed and open storage which now exists.
I understand the garage will be constructed of block with
stucco with spanish tile to match the existing house.
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as owner of the property at
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have no objection to Robert Fay (owner of the pr.operty
located at 1 Virginia Garden, Boynton Beach, Florida 33483)
constructing a 20'x28' garage involving front & side setback
variance as illustrated below to permit him to store his
personal residential lawn maintenance equipment, tools, and
automobile out of the weather at that same address as it
will enable him to eliminate the less aestheticallY pleasing
portable storage shed and open storage which now exists.
I understand the garage will be constructed of block with
stucco with spanish tile to match the existin house.
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Date:
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1!3
as owner
f the property at
:3 .3 '1-83
have no objection to Robert Fay (owner of the property
located at 1 Virginia Garden, Boynton Beach, Florida 33483)
constructing a 20'x28' garage involving front & side setback
variance as illustrated below to permit him to store his
personal residential lawn maintenance equipment, tools, and
automobile out of the weather at that same address as it
will enable him to eliminate the less aesthetically pleasing
portable storage shed and open storage which now exists.
I understand the garage will be constructed of block with
stucco with spanish tile to match the existing house.
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Date.
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as owner of the property at
have no objection to Robert Fay (owner of the property
located at 1 Virginia Garden, Boynton Beach, Florida 33483)
constructing a 20'x28' garage involving front' slde setback
variance as illustrated below to permit him to store his
personal residential lawn maintenance equipment, tools, and
automobile out of the weather at that same address as it
will enable him to eliminate the less aesthetically pleasing
portable storage shed and open storage which now exists.
I understand the garage will be constructed of block with
stucco with spanish tile to match the existing house.
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Date:
I, 1.fl1~ ../J. ~ as owner of the property at
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have no objection to Robert Fay (owner of the property
located at 1 Virginia Garden, Boynton Beach, Florida 33483)
constructing a 20'x28' garage involving front & side setback
variance as illustrated below to permit him to store his
personal residenti~l lawn maintenance equipment, tools, and
automobile out of the weather at that same address as it
will enable him to eliminate the less aesthetically pleasing
portable storage shed and open storage which now exists.
I understand the garage will be constructed of block with
stucco with spanish tile to match the existing house.
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FR oflo-SEb GA.~AGE.
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/1-
REQUEST FOR PUBLISBnfG
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement published and must
be submitted to the Office of the City Attorney eight (8) working
days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:Planninq and Zoninq Department
PREPARED BY: Michael E. Haaq
DATE PREPARED: 10/25/93
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Case #187
Robert F'ay = Ivleeting Date November 15, 1993
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Leqal Ad
SEND COPIES OF AD TO: Property owners within 400' of subiect
property; Applicant,and the Planninq and Zoninq Dept.
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
To be determined by the City Clerk
To be determined by the City Clerk
APPROVED BY:
(1) ~'O.~
(Departmeii.t He a)
I C7/;z. 5" It .3
!(Date)
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
bh-5/91
LEGALNOT.DOC
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made
to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA,
for the hearing as indicated, under and pursuant to the provisions
of the Zoning Code of said City:
Case #187
Owner/
Agent:
Robert Fay
Requested
Variance:
A variance is requested to reduce the required
twenty-five (25) feet front setback to nineteen
(19) feet, reduce the required ten (10) feet east
side setback to one point five (1.5) feet and add
an accessory building to a front yard. The purpose
of the variance is to add a detached garage to a
single family lot. The request is a variance to
Section 5 C.2. and 4 B.l. of Appendix A - Zoning
Code.
Location:
1 Virginia Garden
Legal
Description: A parcel of land in Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida, and more
particularly described as follows: Begin at the
intersection of the West right-of-way line of the
Intracoastal Waterway as shown on plat of land as
recorded in Plat Book 17, at page 14A, Palm Beach
County Public Records, and a line parallel to and
76.1 feet South of as measured at right angles to the
North line of said Section 4; thence in a Westerly
direction along said parallel linp. a distance of 260
feet to the point of beginning; thence continue in a
Westerly direction along said parallel line a
distance of 140 feet; thence in a Southerly direction
and parallel to said West right-of-way line of the
Intracoastal Waterway a distance of 89.5; thence in
an Easterly direction and parallel to said North line
of Section 4, a distance of 140 feet; thence in a
Northerly direction and parallel to said West right-
of-way line of the Introcoastal waterway a distance
of 89.5 feet to the point of beginning, together with
an easement over the following described property;
The South 15 feet of the North 76.2 feet of the West
285.13 feet of that portion of Government Lot 1,
Section 4 TownShip 46 South, Range 43 East, which
lies East of the East Right-of-Way line of State Road
No. 5 (U.S. Highway No.1) Except the West 150 feet
thereof.
Use: Single Family residence.
Public Hearing - Robert Fay
Page Two
A PUBLIC HEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton
Beach, Florida, on Monday, November 15, 1993, at 7:00 P.M.
Notice of a requested variance is sent to property owners within
400 feet of the applicant's property to give them a chance to voice
their opinion on the subject. Comments may be heard in person
at the meeting or filed in writing prior to hearing date. If
further information is desired, call 375-6061, City Clerk's
office.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. 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.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
BUILDING DEPARTMENT
MEMORANDUM NO. 93-209
October 12, 1993
To:
Mike Haag, Zoning and Site Development Administrator
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ~f~~ial
Board of Adjustment Cases No. 186 and 187
Via:
From:
Re:
As per our previous conversation about the above referenced
cases, the Building Department offers the following comments:
Case No. 186 - This is only a request for location of a sign at
the Main Street Car Wash at 201 East Boynton Beach Boulevard.
Granting of this variance alone would not cover other violations
that have been noted. The proposed sign is 7' X 10' for a total
of 70 Sq. Ft., whereas, the Code allows 52.5 Sq. Ft. If a
variance was sought, it could only be for 25% which would still
be less than the 70 Sq. Ft. shown.
Also, the maximum allowable height cannot exceed 20 Ft. It is
our recommendation that the applicant be made aware that if the
location variance is granted, the other aspects of the Code must
be complied with or the variance request amended to include all
variances required. .
~
Case No. 187 - This is a request for construction of a detached
garage, to reduce the required 25 Ft. front setback to 19 Ft. and
reduce the required side setback from 10 Ft. to 1.5 Ft.
In the absence of drawings, our comments would be that the
applicant should be made aware that Table 600 should be complied
with and that accessory buildings should only be located in side
or rear yards at least 12 Ft. from the principle building, per
Appendix A, Section 4.B.1.
It appears from the application that they want to reduce the
front yard to 19 Ft. which would indicate they wish to place it
in the front yard.
AN:mh
MAINST.BOA
O,..~ 1 ._'.. ,~
III j .:r.:v
-.::3
.1
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-258
TO:
~D~~eger, Building Official
. ~~~l Haag, Zoning and Site Development
. istrator
FROM:
DATE:
October 5, 1993
SUBJECT: Review of Board of Adjustment Cases
Enclosed please find copies of the applications for the Board of
Adjustment meeting of October 18, 1993 for your perusal. Please
let us know if you have any comments prior to October 12, 1993.
The drawings for these cases for your review are in the Planning
and Zoning Department office.
CC/cmc
A:BOA2
PLANNING & ZONING DEPARTMENT
MEMORANDUM NO. 93-239
TO: Sue Kruse, City Clerk
FROM: Michael E. Haag, Zoning & site Administrator
DATE: September 20, 1993
SUBJECT: Board of Adjustment
Case #186 - Main Street Car Wash (Sign Code)
Case #187 - Robert Fay (Zoning Code)
Accompanying this memorandum you will find a copy of the
applications and supporting documentation for the above referenced
variance cases. Two checks in the amount of $400 each to cover the
review and processing of the 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.
MEH:frb
Attachments
xc: Project Files
A:93-239.frb
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADV~RTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
PLANNING ~ 7.0NTNG DEPART~lliNT
PREPARED BY:
MICHAEL HAAG
DATE PREPARED:
9-21-93
BRIEF DESCRIPTION OF NOTICE OR AD:
Rn~rn nf Adjustment Public
Hearinq Notice for Case #187 to be held at City Hall on
~ctober 18, 1993.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Leaal Ad
~
SEND COPIES OF AD TO: All property nwnp.r~ within 400 feer nr property,
Board of Adjustment Members, City Commission, City Attorney, City Manag
Building Official, Planning & Zoning Director & Applicant
NEWSPAPER(S) TO PUBLISH: Bovnton Beach News
DATE(S) TO BE
PUBLISHED:
APPROVED BY:
( 1 )
r~~
(Department Head)
( 2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made
to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA,
for a hearing as indicated, under and pursuant to the provisions of
the Zonino Code of said City:
Case #187
Owner/Agent:
Requested
Variance:
Location:
Legal
Description:
Use:
Robert Fay
Robert Fay 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.
1 Virginia Garden
A parcel of land in Section 4, Township 46
South, Range 43 East, Palm Beach County,
Florida, and more particularly described as
follows: Begin at the intersection of the
West right-of-way line of the Intracoastal
Waterway as shown on plat of and as recorded
in Plat Book 17, at page 14A, Palm Beach
County Public Records, and a line parallel to
and 76.1 feet South of as measured at right
angles to the North line of said Section 4;
thence in a Westerly direction along said
parallel line a distance of 260 feet to the
point of beginning; thence continue in a
Westerly direction along said parallel line a
distance of 140 feet; thence in a Southerly
direction and parallel to said West right-of-
way line of the Intracoastal Waterway a
distance of 89.5 feet; thence in an Easterly
direction and parallel to said North line of
Section 4, a distance of 140 feet; thence in a
Northerly direction and parallel to said West
right-of-way line of the Intracoastal Waterway
a distance of 89.5 feet to the point of
beginning, together with an easement over the
following described property; The South 15
feet of the North 76.2 feet of the West 285.13
feet of that portion of Government Lot 1,
Section 4 Township 46 South, Range 43 East,
which lies East of the East Right-of-way line
of State Road No.5 (U.S. Highway No.1)
Except the West 150 feet thereof.
Single Family Residence
A PUBLIC HEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton
Beach, Florida, on Monday, October 18, 1993, at 7:00 P.M.
Notice of a requested variance is sent to property owners within
400 feet of the applicant's property to give them a chance to voice
their opinion on the subject. Comments may be heard in person at
the meeting or filed in writing prior to hearing date. If further
information is desired, call 375-6061, City Clerk's Office.
PUBLIC HEARING-FAY
Page 2
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. 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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH:
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