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
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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
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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. IS /993
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i- .' . _'f,lclo.. "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