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REVIEW COMMENTS PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Chairman and Members Board of Adjustment Michael E. Haa~S~ Zoning and Sit:~~~lopment December 16, 1993 Administrator FROM: DATE: RE: Joseph DeFeo, Jr., Board of Adjustment Case #188 Purchase of Property from Chan's Enterprises, Inc. As you are aware, the above referenced case was tabled at the November 15, 1993 meeting due to the unresolved issue regarding the proper subdivision of the Chan' s Enterprises, Inc. property to create the DeFeo property. The following is the status of the progress Mr. DeFeo has made towards being in conformance with City Codes: Mr. DeFeo received a determination made by Jim White, P.E., City Engineer, and Tambri Heyden, Acting Planning and Zoning Director, that the subdivision of Chan's Enterprises, Inc. property to create the DeFeo property may be accomplished by Mr. DeFeo filing for and receiving City Commission approval of a waiver of plat. At this time Mr. DeFeo is aware of the process and fee required to be submitted to the Planning and Zoning Department before action can be taken on the request for waiver of plat. However, to date, there has not been a formal request made by Mr. DeFeo and/or Chan's Enterprises, Inc. If the Board is requesting that the subdivision of property be properly in place prior to hearing Mr. DeFeo's Board of Adjustment Case #188, this item should remain on the table until the next Board meeting scheduled for January 19, 1994. The waiver of plat requires a recommendation for approval by the Planning and Development Board and final approval by the City Commission. If Mr. DeFeo and/or Chan's Enterprises, Inc. makes a formal application by December 22, 1993, the waiver of plat will be reviewed by the Planning and Development Board on January 11, 1994 and forwarded to the City Commission at the January 18, 1994 City Commission meeting. This item (Case #188) then may proceed for variance review by the Board of Adjustment at the January 19, 1994 meeting. MEH/cmc cc: Mr. DeFeo I NOV-29-93 MON !2:30 P.0:2 HEM 0 DATE I Dee :!rnber 11, 1992 TO: Fl1i' FROM: Relnl Id E. Young R'E I DeF]~' PURCHASE FROM CHAN On Frlday I )eoember 11. 1992 I spoke wit.h VirlCQ Finizio conoeX'ning seve;rance ( ': the residential portion of the property ownod by Chan fr()m the C( i,\mercial portion. He indicated t.hat this eeveranCQ W&B ac(~eI?table to the City but warned that should Chan a.ttQrnpt any furt ler Be'~rances, then he would need 8ubdi vision approval. lie advised me to speak to Mr. Christopher Cutro, Planning and Zonil19 Di.rt :Jtor to also obtain his approval. I did SQ and Mr. Cutro adviE, '!d that the City had no l:>bjection t.o the S1everanoe. He did eldviB1e !,hat depending on the zoning of thQ paroel on whioh the duplflx was uilt that the duplex may be a non-oonforming struoture. Aft.el,~ 010ai i~g I will Bend a lettsX' t~o Vince wi~h a copy of the deed ae wall as 'ilh Indicati.on aa t.o the exi9ting zoning~ REY:kdm ~l .//n~. (~U~'e./.... ' I t' 7:;) Il- Jl'l't', ' \ ENGINEERING uEPARTMENT MEMORANDUM NO. 9~-365 TO: Tambri J. Heyden Acting Planning Director FROM: James White'~'E I ~ I Ci ty Engineer ~:f1J RE: Joseph DeFeo, . Property (purchase Response to Planning Department Memo Waiver of Subdivision Requirements December 6, 1993 from Chan) Dated Dec. 6, 1993 I discussed Michael Haag's memo with Vince and apparently Mr. Chris Cutro the then Planning Director as well as this office, notified Attorney Ronald Young that a waiver of platting was in order and that the two affected City Departments rendered a favorable recommendation in that regard. This occurred in December of 1992 (see attached memo to file by Ronald Young, Esquire dated December 11, 1992 - copy). Attorney Young and his client relied upon staff's determination and therefore upon receipt of the four-hundred ($400.00) dollar applica- tion fee, our Deparcments should honor what was originally agreed to by the City's Planner and place the matter on the next Planning and Development Board agenda with a favorable recommendation for approval. The Planning and Development Board should require (in their motion) that the City receives a copy of the recorded deed as a condition of the Board's approval. ~ ~, ' VAF/JW/vaf cc: Michael Haag Site and Zoning Administrator J. Scott Miller City Manager attachment: Attorney Young memo to file dated December 11, 1992 '70: 3',1"'\. GO flirt:) fe, c)~ ~N bl,J t.f;R. P~Rtt5\)('L ~9uE;sr ;IN() ATlt\C.tJ~~ 4 Cc"~ ~1JC2.V~7 tJr:::- 1fJ6 Jo~~ J)l:~O fR.Df~~l'i..' PL41 /o.;I..JT,I'60 AI nJ~ ;=(UJN1A6& or 7lJ6 1/!u16~r; ON j3A~ t?ODLJVJ6. -;JJ. -;)'" de /..h,ff.f cC BM r.~u,,, Ille o I="" nk (CcCDR.Dt.D J)E:~D ANI> f L 6 AS. ~ /I)lith -rv 6- UN hLf.D r~ -::r ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM FROM: James D. White City Engineer Tambri J. Heyden 4'<){~ Acting Planning an~ Zoning Director Michael E. Haa~~ Site and Zoning z:;f~i~rator December 6, 1993 TO: THRU: DATE: RE: Status of subdiv1sion of Property Involv1ng Board ot Adjustment Case #188, Joseph DeFeo Jr. Please find attached a copy of the minutes of the November 15, 1993 Board of Adjustment meeting and the Staff Report for Case #188. Your department indicated that the Board could make a determination regarding the variance for the case, subject to Mr. J. Defeo contacting the Engineering Department regarding processing a request to subdiv1de property. As indicated in the minutes, the Board chose not to act on the case and tabled the case until the December meeting. This office is preparing the agenda package for the December meeting. Please provide a written update on the status of Mr. DeFeo's progress towards receiving authorization to properly subdivide property. If you have determined that the subdivision of the property can be processed as a waiver of plat, please inform Tambri Heyden, in writing, of same, no later than 5:00 p.m., December 6, 1993. Since the Planning and Zoning Department processes waivers of plat, the Planning and Zoning Department will contact and work with Mr. DeFeo to follow the code for processing a waiver of plat and attempt to place the waiver of plat before the Plann1ng and Development Board at their regular meeting of December 14, 1993. We respectively request that when this office contacts you regarding your part in the waiver of plat process that you promptly respond, in writing, to this office. If you do not respond, in writing, by 5:00 p.m. on December 6, 1993 regarding your determination on whether a waiver of plat is applicable, it will be understood that you w1l1 forward to Tambri Heyden, no later than 12:00 noon on December 13, 1993, a memo that w1ll update the Board of Adjustment on the current status of subdivision of property that Mr. DeFeo obtained. The memo will be added to the December Board of Adjustment agenda package. MEH/jm Att. A:DEFOE.JM Location: Request: Analysis: STAFF REPORT BOARD OF ADJUSTMENT Regular Meeting November 15, 1993 CASE #188 815 Bamboo Lane Joseph DeFeo, Jr. Owner: The request is to reduce the ten (10) feet required west setback to one (1) foot in connection with the proposed construction of a garage to be attached to the west side of the existing residential structure. This variance is to Section 5 C. 2. a. of Appendix A Zoning. Joseph DeFeo, the applicant and property owner is requesting approval to build an attached garage to the west side of the existing structure. The lot is located located in the R-1-AA Single-Family Zoning District. At present the structure is being remodeled (Permit No. 93-3220). The surrounding properties are as follows: North - Single family residence - R-1-AA. East - Residential structure, located in Palm Beach County. South - Across Bamboo Lane residential structure, located in Palm Beach Cou,ty. West - parking lot Sun Wah Restaurant, however, the property is zoned R-1-AA. The following is a direct quote from the Building Department memorandum No. 93-213 signed by Deputy Building Official, Al Newbold. Case #188 Joseph DeFeo, Jr. The property address should be 815 Bamboo Lane, Boynton Beach, not Delray Beach, as listed on the application. The Board should also be made aware that this piece of property was separated from the original Sun Wah property and was purchased in December, 1992 as a separate parcel (see attached warranty deed). It is presently being remodeled, changing it from a duplex to a single family residence under Permit No. 93- 3220 issued 8/4/93. It may be possible to obtain additional property from Sun Wah in order to construct the 14' x 34' addi~ion without coming within l' of the property line as shown on the attached survey. Because the lot was subdivided, it may constitute a self-imposed hardship by not purchasing a large enough piece of property to make these improvements. The rear yard does have enough room to have a storage building added to the structure that may serve the owner's purpose without requiring a variance. / Page 2 BOA CASE #188 Staff Report The Engineering Department has indicated that the subdivision of Sun Wah property was performed without City authorization. The Engineering Department requests that if the variance is approved the approval be conditioned upon the applicant receiving City approval for the subdivision of property prior to initiating development of the garage. The subdivision of property shall be consistent with the procedures specified in Appendix C, subdivision and Platting Regulations of the Boynton Beach Code of ordinances. Find attached Exhibit "A", a document prepared by the apl icant I which represents the statement of special conditions for the variance request. The folloWing is provided to assist you in evaluating the request: 1. A reSidential structure exists of the subject site. 2. The Building Department has issued a permit to remodel the existing structure. 3. The distance from the west side of the existing building to the west property line is fifteen (15) feet. 4. Immediately west of the property is the parking lot for the Sun Wah Restaurant. 5. The Engineering Department requests that, if the variance is approved, the approval be conditioned upon the applicant receiving City approval for the subdivision of property prior to ini tiating development of the garage. The subdivision of property shall be consistent with the procedures specified in Appendix C, Subdivision and Platting Regulations of the Boynton Beach Code of Ordinances. 6. One ( 1 ) foot is the distance from the west property line to the leading edge of the proposed garage. 7. The topic under consideration is to reduce the required west side setback from ten (10) feet to one (1) foot to expand the buildable area for the purpose of adding a garage to the west side of the building. MEH/jm Att. cc: Board of Adjustment Members City Manager City Attorney city clerk Acting Planning and Zoning Director Mike Haag A:DEFE0188.JM L CITY OF BOYNTON BEACH BOARD OF ADJUSTMENT APPLICATION cll~e. Ii 188 dates for Board meetings and submittal \()\'(j \S 1 . Submittal date: submittal Deadline: See scehdule of dates Please print {in ink) or type The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the existing zoning or sign code of said City pertaining to the property hereinafter described and in support thereof state(s): cV' ~ property involved is described ae follows: Lot ( s ) :Iff I 3-\)1 rp\ Block , subdivision - ~~f- l.C.Ga4L /jcSC.R.IPr;~III(JN StRaley - , o~ .}1"'- ~ '-Jv' Plat Book I..)' / , Page '~L or otherwise ~scribed as fo~ws: g~(?t\~&() ~Ne- VL\(\A . . Property Address 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 stru~tures 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 an aaent is submittina the petition. a notarized COpy of a letter desianatina him as svch 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 tvpe): A. That special conditions and circumstances exJst which are peculiar to the land, structure or bUilding invol v,=d and which are not applicable to other lands, structures or buildings in the same zoning district; Page 1 of 3 :5 7. B. That the special conditions and circumstances do not result from the actions of the applicant; C. 'l'hat granting the variance requested will not confer 011 the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district; U. 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. Application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany this petition. Name and address of owner: ~O>~\,\- ~~O ~fL G'oi BAM.f;DJ W V'=:1.I\A.1 Name of applicant: J OS~~ Q~\(\... 6. 8. Date: Applicant's Applicant's Signature of Applicant: ---------------------------------------------------------------------_.~ oro be completed bv the Buildina Official or Representative 1. Property is presently zoned: ~ Formerly zoned: R I A~ 2. Property Control Number: 08 - ~3- ~~- t>'f- 00 - 001- o/~D 3. Denial was made upon existing zoning ~ .... requirements (list sections[s] of Code from which relief is required): /JPPt::.III0IX A - 2dNIN<O ...s ec (inN S c. 2. a.. 4. Nature of exception or variance required: 70 !:€.DIX..r. '71/C, ""E.N(I~ ) Fc.t:r Rtf!: ()J2t20 Wc5r ~'Oc Sf,.. AGK 7tj aNt. , h>or IIV Co f<.n/) fA),.II rile f~/)PlJsti C()N''''Rvc.7i~1tI o~.A (;;4.{),466 4TTA"I-//:;(j 'Tf> T'1I. U.N!:.5r ~/L)e- tJ 77/i 6__/.JnAlf.. .R6-J IDWlld L ~ r~v,,'fLI/~t. Date: /o/~/q3 , Permit denied: N/A Building Department 5 . Case Number: IBB Meeting Date: N"II. 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"II..dd,.~..d "l1n:;pe~ .nwlopel ..,'..,,.r '. WILL CALL II 5 Gene Moore, awyer Achff_. . WARRANTY DEED .NDIVID. TO .NDIVID. RAMC"4 . ;,'e~ Thl. In.trument Prep.red by: Gene Moore, Lawyer Achff",: 639 E Ocean A venue Boynton Beach, Fla. 33435 i J d I .. ~ l., IIC-14-1992 f2:0bP. 92-380845 ~ I. . ORB 751 3 pg 1 981 J, Con 140,000.00 Doc 91).00 CLERK OF THE COURT - PB COLWTV, FL Property Appral.e,. Parcel Identification IFollo) Number'.): Orante.',) S.S. ".): SPACE ABOVe THIS lINE FOR PROCESSlNCJ DATA j . SPACE ABOVe THIS LINE FOR AECOAOINCJ DATA_ {lJbfs Jlllattanttf l1eeb Made the 1/ >:! day oj December A.D. 19 92 by CdANS'S ENTERPmSES INC., a Florida Corporation hereinafter called the grantor, to JOSEPH DeFEO, Jr. a single man whose post ojJice addreSB is 808 Bamboo Lane, Delray Beach, Florida' 33483 hereinafter called the grantee: (Wh.Nftr ...d h.nI. lb. Mrme ......lor. ..... ......n.... Include aU lb. perU" 10 thIa IMInI..nt .nd lb. ...In, I.pl ...p......bU... and ...Ipe of Individual.. a.d the ..e""on a.d ...11'" 01 eorporaUo"'l .lfneslld~: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable con.siderations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and c01\lirms unto the grantee all that certain land situate i'n Palm Beach County, State oj Florida , 1Iiz: SEE LI~GAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO: easements, reservations, rostrlction, road-rlght-of-way, of record, if any, and taxes for the year 1993 and thereafter. QJn\Jd~er. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaIning. lD'o )faue aub tn Jlnlb, the same in Jee simple forever. AlIb the grantor hereby covenants with said grantee that the grantor is la~fully seized oj said lanfl infee simple; that the grantor has good right and lawful au.thority to sell and convey said land, (l.nd hereby warra7i~ the ~itle to said land and will deJentj. the same against the lawful claims oj all persons whcrmsoever; a.nd th(l,,~ s?-i~ lhtd as/ree a/all encumbrances, except taxe8.~cr!!!ng ~!lb~~~~.!.~.E.~~er.91~ 19 92. '~"'i)" ,i,' '.;\ 1In .UnelllJ .~erenf. the said grantor has signed and sealed these presents the clay and year .fi.:t.:st ~oVe f . 1,.1 .. ," ,- wntte~,~ ' CH~WS..BN~ERP.RIS,"S lNC. ~ ~'. ',,";/:1 ;~::' / ;,. ' Signed!.. led and deliver . the4ence of: florlda C.O orat ,;.' /',/ ;',,' ':"', ,~' ..,' . ~ ~'Y' _ ( , -9" .....'~, '\;''.1'':'' . -, , , _. ... ..-- " .. . . f~ '" ' . ~,,"', ,-~- -. '.' J" I, ~. -. '__c" .. . tt' . ~..' '" .. .;".... .f:. :{!: , by: Choi Kwan Chin, President' '" PIi..1ed Si...lu... , 3010 South Federal Highway Poel Ollie. Add.... Boynton Beach, Florida 33435 ...lun ~ :'... ...:_-~. - - - - Iptlu... Allen Wilson PrI..Led SI...tun lID 9lpel.... 91...t.... PrlnLed SlpetllN Prl...... Slpttu... Slptlu... P..l Olli.. AM.- . ,)L( I. I'rI..Led IIll"lalun STATE OF FLORIDA COUNTY OF PAI.M REACH J IIEREUYCEIt'rIP'Yth"t on thla day, before me, an orricer duly authorized In the State aforesaid and In the County aroreaald to take acknowledgment.. personally appeared CHOI KWAN CHIN, President of Chan's Enterpr~~~.~:,,~nc., a Florida Corporation, who is personally known to, me to me known to be the pcl'Bon :.\',d,~lpcd Ir. and who executed the foregoing Inatrument and acknowledged befDre me lha executed the II . '~"(:' ,;.,,'; tfi~Jt. ).' WITNESS my hand and officialaeal in the County and State laRt a~or(!Rai la d~or ,/, ,';'At~, X)~,J~'~;J.<; and who did take an oath. ~/_'_ .;t....- -' i. )'t' n~r::?.J.-:\'.'\ II ;j. 8 0"'/1. p"lu.. .,'.:d~,~....,\'i, "ii' SEAL l'Sl">4 C~I::. ~ B '.:,i '~'f"",~1' ,.:.~. : BArbara A. Ranta . :-~"..' ....:... ..., I..in'.... No"'/)' Slpalun ,'>-,.. II ,. ...' , My Comlld..loll F..ph...: Septmnbel' 231(~t< lJ9 ...... .':~ .v '" '1. of, \ (<'. , "'~J:;'''' r---nwrl.'fACflM1\!inttr.'-;;";':':'l- I I\t^"" ..!~Rl'.AR^ A r.N'~T!'. :N()l'MO:' mFUC~TA'r" ,"1' "r"'r'!;:-~'" ~ (',." '~~J-.:":".-',,: ~.';. ..,. . 8 EXHIBIT "A" /(){. / VARIANCE REQUEST BtJli eASt:. #/88 REQUEST: To build a single story garage of block and stucco with asphalt shingle roof to match owners residence which is situated at 815 Bamboo Lane. Boynton Beach. Florida. REASON: To provide a garage to store personal residential lawn maintenance equipment. tools and automobile out of the weather. as it will enable him to eliminate a less aesthetically pleasing portable storage shed and open storage which now exists. The five residents which can possibly view my property from any angle have agreed that this improvement would help all our property values. Their approval of the garage. its dimensions. and of the requested variance are attached. 9 Date s I) () h ,) I I (;>j ('.7,,i;>/IJ SUtJ \JJ-l\\-\- O~S\l\J!tAJJT '- B b Y\--r~ ,.J as property owner of have no objection to Joseph DeFeo Jr (owner of the property located at 815 Bamboo Lane Boynton Beach Florida 33483) constructing a 30'x14'gar- age as illustrated on the attached addendum to permit him to store his personal residential lawn maintenance equipment, tools, and automobile out of the weather.I understand the garage will be constructed of concrete block and stucco with asphalt shingle to match the existing house. I also understand this would be more aesthetically pleasing than the open storage that exists now. ;?~~ ,. , ~ i-gned l""\. 8IJA C.d.(t # /ee /0 Date '() --t o~q~ I_1<fB!:!0 T. fA Y as property owner of ~ 1 VIRC;I~I" GARbE-N ~b'l~l\)^J ~,~ have no objection to Joseph DeFeo Jr (owner of the property located at 815 Bamboo Lane Boynton Beach Florida 33483) constructing a 30'x14'gar- age as illustrated on the attached addendum to permit him to store his personal residential lawn maintenance equipment, tools, and automobile out of the weather.I understand the garage will be constructed of concrete block and stucco with asphalt shingle to match the existing house. I also understand this would be more aesthetically pleasing than the open storage t exists now. B bA cAfE;- $ /Bff /1 Date Do~ I tJ I / ? q:l I a~&tL '-~ /tiiJproperty ~ t 1- 0 ~ N,bo() lj~ l\l ~ e 6 y~\\)J0 owner of have no objection to Joseph DeFeo Jr (owner of the property located at 815 Bamboo Lane Boynton Beach Florida 33483) constructing a 30'x14'gar- age as illustrated on the attached addendum to permit him to store his personal residential lawn maintenance equipment, tools, and automobile out of the weather.I understand the garage will be constructed of concrete block and stucco with asphalt shingle to match the existing house. I also understand this would be more aesthetically pleasing than the open storage that exists now. ~'6 ,f4tE0l~ Signed I3l>A CA.{& it / B 8 /J... Date C!. ,L~ \6 ~ ~~ r_I'A G ~\Cx;t~as czslo €>A~H00 ltJ. property owner of have no objection to Joseph DeFeo Jr (owner of the property located at 815 Bamboo Lane Boynton Beach Florida 33483) constructing a 30'x14'nar- age as illustrated on the attached addendum to permit him to store his personal residential lawn maintenance equipment, tools, and automobile out of the weather.! understand the garage will be constructed of concrete block and stucco with asphalt shingle to match the existing house. I also understand this would be more aesthetically pleasing than the open storage that exists now. \ --------- /5 lJ A tASf 1i/~8 /3 Date [\)\\1 \ ~) I \C:Ol~\\ \)~~O - '8 () ~ PyA W706 lk "'~ ~ \)\:.1.N+'( f!x ~ if ' as property owner of have no objection to Joseph DeFeo Jr (owner of the property located at 815 Bamboo Lane Boynton Beach Florida 33483) constructing a 30'x14'gar- age as illustrated on the attached addendum to permit him to store his personal residential lawn maintenance equipment, tools, and automobile out of the weather.I understand the garage will be constructed of concrete block and stucco with asphalt shingle to match the existing house. I also understand this would be more aesthetically pleasing than the open storage: that 'sts now. ~ /Lf 15J4 CASe II/B8 BUILDING DEPARTMENT MEMORANDUM NO. 93-213 October 27, 1993 To: Mike Haag, Zoning and Site Detlopment Building Official Deputy Building 0 ficial Administrator Via: Don Jaeger, From: Al Newbold, Re: Board of Adjustment Case No. 186 - Main Street Car Wash Case No. 188 - Joseph DeFeo, Jr. Case No. 189 - Checkers Drive-in It is very important that the facts, addresses, and code sections be correct in the event an applicant appeals the Board's ruling through the courts. Your department is in charge of the Board of Adjustment and is responsible for supplying complete, concise information spelling out the proposed hardships and indicating whether or not they are self-imposed. The Building Department has reviewed the above referenced cases and offers the following comments: Case No. 186 - Main Street Car Wash has requested variance to two additional items to comply with code, however, they should be listed as seeking relief from Chapter 21, Signs, Section 21-23 Setbacks, and Section 21-25 (b), regarding minimum height and size; not Section 21-16 Variance, since no one can be in violation of the variance section. It is for relief from other sections of the Code. Case No. 188 - Joseph DeFeo, Jr. - The property address should be 815 Bamboo Lane, Boynton Beach not Delray Beach, as listed on the application. The Board should also be made aware that this piece of property was separated from the original Sun Wah property and was purchased in December, 1992 as a separate parcel (see attached warranty deed). It is presently being remodeled changing it from a duplex to a single family residence under Permit No. 93-3220 issued 8/4/93. It may be possible to obtain additional property from Sun Wah in order to construction the 14' X 34' addition without coming within l' of the property line as shown on the attached survey. Because the lot was subdivided, it may constitute a self-imposed hardship by not purchasing a large enough piece of property to make these improvements. The rear yard does have enough room to have a storage building added to the structure that may serve the owner's purpose without requiring a variance. m ;i , "! I 00 MEMORANDUM NO. 93-213 To: Mike Haag, Zoning & Site nev. Admin. From: Al Newbold, Deputy Bldg Off. Re: Board of Adjustment Page 2 October 27, 1993 Case No. 189 - Checkers Drive-in Restaurant - Please be advised that this request for relief from Section 21-25 (d) relating to the number of menu signs permitted, will not allow installation of the pylon sign located in the front of the structure within the 10' required setback. This will codition will require the owner to request relief from Section 21-23, Setbacks also. If Checkers wishes to include this additional request, your Board may wish to table this item rather than having the applicant withdraw their application. If withdrawn, it cannot be submitted for rehearing by the Board within a six months period. .~~/' Al New. 01 AN:mh A:1868889.BOA PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-275 FROM: Don J~f~' Building Official Mi~~" Haag, Zoning and Site Development Acfu;i;ndtrator TO: DATE: October 21, 1993 SUBJECT: Review of Board of Adjustment Cases Enclosed please find copies of the applications for the Board of Adjustment meeting of November 15, 1993 for your perusal. Please let us know if you have any comments prior to November 2, 1993. The drawings for these cases for your review are in the Planning and Zoning Department office. CC/cmc A:BOA2 PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-274 TO: Sue Kruse city Clerk FROM: Michael E. Haag Zoning and Site ~dministrator DATE: October 21, 1993 RE: ./. Board of Adjustment Cases for November 15, 1993 Meeting Case #186 - Main Street Car Wash - Sign Code (New Ad) -Case #188 - Joseph Defeo, Jr. - Zoning Code Case #189 - Checkers Drive-In Restaurant, Inc. - Sign 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 Cases #188 and #189 have been forwarded to the Finance Department. As per the City Attorney's instruction, a new ad and variance will be processed for Case #186. The legal advertisements for this request will be forwarded to your office after review by the City Attorney and City Manager. ae1 E. Haag cc: Case #186 file Case #188 file Case #189 file A:PHTRANS.JM REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accoJnpany 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: PLANNING AND ZONING DEPT. PREPARED BY: MICHAEL HAAG DATE PREPARED: 10/21/93 BRIEF DESCRIPTION OF NOTICE OR AD: BOARD OF ADJUSTMENT CASE #188 JOSEPH DEFEO, JR. - MEETING DATE NOVEMBER 15, 1993 SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: PROPERTY OWNERS WITHIN 400' RADIUS OF SUBJECT PROPERTY, APPLICANT AND THE PLANNING AND ZONING 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) -<) tL.dvtc' 9. Ji~,{,,___ (Department Hea'd) (' /c)y./ J 9--3 I ( Da te ) (2 ) (Date) (City Attorney) (3 ) (Date) (City Manager) 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 #188 OWner: Joseph DeFeo, Jr. Requested Variance: A variance is requested to reduce the ten (10) feet required west side setback to one (1) foot in connection with the proposed construction of a garage to be attached to the west side of the existing residential structure. This variance is to Section 5 C.2.a. of Appendix A - Zoning Code. Location: 815 Bamboo Lane Legal Description: Lot 2A: That part of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the point of intersection of the westerly right of way line of the intracoastal waterway with a line 308.76 feet south of, measured at right angles to, the North line of said Section 4; thence S.89 18'46"W., along the said line 308.76 feet south of the north line of Section 4, 300.00 feet to the point of beginning; thence continue S.89 18'46"W., 82.00 feet; thence N.O 41'l4"W., 93.96 feet; thence N.89 18'46"E., 92.08 feet; thence S.5 26'06"W., parallel with the said west right of way line of the intracoastal waterway, 94.50 feet to the said point of beginning. Lot 3D: That part of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the point of intersection of the westerly right of way line of the intracoastal waterway with a line 61.20 feet south of, measured at right angles to, the North line of said Section 4; thence S.5 26'06"W., along said west right of way line, 154.50 feet; thence S. 89 18' 46"W., parallel with the north line of said Section 4, 300.00 feet to the point of beginning; thence N.5 26'06"E., parallel with the said West right of way line of the intracoastal waterway, 25.00 feet; thence S.89 18'46"W., parallel with the said North line of Section 4,94.75 feet; thence S.O 41'14"E., 24.86 feet; thence N.89 18'46"E., 92.08 feet to the said point of beginning. Use: Garage attached to the west side of the existing residence. Notice of Public Hearing - JOSEPH DEFEO, JR. 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 375-6060, 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