REVIEW COMMENTS
BUILDING DEPARTMENT
MEMORANDUM NO. 94-130
June 7, 1994
TO:
Michael Haag
Zoning & s~. Development
Don Jaeger
Building 0 icial
Al Newbold
Deputy Building Official
Administrator
THRU:
FROM:
RE: COMMENTS - BOARD OF ADJUSTMENT CASES
Case ~185 - 3030 S.W. 13th Place
In reviewing the application without your department's facts, we
find it very difficult to comment when we do not know what, if
any, the applicant wishes to construct or if there was a zoning
change by the City which made this building nonconforming.
Case ~194 - 118 N.W. 4th Street
If this applicant only wants an eight foot high fence, then she
should request relief from Appendix A, Section 4.J.1 (maximum
height of fences in residential zones). This would only permit
the fence to be increased in height. If a variance was granted
using the code section as stated on the application, it would
permit any kind of structure to be constructed with those
setbacks.
Case ~195 - 3300 S. Seacrest Boulevard
The Building Department has no comments on this application. It
is clear what the applicant is requesting and it is the proper
section of the code from which they seek relief.
Case ~196 - 2309 N. Congress Avenue
This property is zoned PUD and was site approved. It is our
understanding that this Board can not review PUD cases to change
site plans.
AN: bh
~ mowm 001
:i - 8 1994
BOACASES C-,fy\ c-
PLANNING AND
ZONING DEPT.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
TO:
Don Jaege~r, .~~ng Official
Michael Haa ~zJ6ing and Site Development
Administra r
FROM:
DATE:
June 3, 1994
SUBJECT: Review of Board of Adjustment Cases
Enclosed please find a copy of the applications for the Board of
Adjustment meeting of June 20, 1994 for your perusal. Please
let us know if you have any comments by June 10, 1994.
Additional data and drawings for these cases for your review are in
the Planning and Zoning Department office.
CC/cmc
A: JAEGER
cc: Al Newbold
MEMORANDUM
May 16, 1994
TO: Sue Kruse, City Clerk
FROM:
7~
Tambri J. Heyden, Planning and Zoning Director /~
RE: Board of Adjustment - Cases Nos. 194, 195, 196 and 185
Accompanying this memorandum you will find applications and
supporting documentation for the above referenced case~. Four
checks in the amount of $400 each to cover the review and
processing of these applications have been forwarded to the Finance
Department.
The legal advertisements for these requests will be forwarded to
your office after review by the City Attorney and City Manager.
The requested variances will be presented to the Board at the June
20, 1994 meeting.
MEH/cmc
a: Clerkrnem
Attachments
xc: project file
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
APPROVED ,p: , & ~
(1) A~ t A
(Departmen~eaa ~
~t?/?f-
(D'ate)
(2)
(Date)
(City Attorney)
(1 \
rna.tel
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 variance as indicated, under and pursuant to the provisions
of the Zoning Code of said City:
Case ~196
Agent: Lew Peters, Agent for Post Properties, Inc.
Requested
Variance:
A request to increase the 4 feet maximum fence
height to 6 feet for the purpose of installing
a fence along a portion of the Congress Avenue
frontage between the front line and building line
of the subject property. The variance is to
Section 4 J.1. of Appendix A-Zoning.
Location:
2309 North Congress Avenue
Legal
Description:
A portion of POST LANDING, according to the plat thereof, as
recorded in Plat Book 54, Pages 191 and 192, Public Records of
Palm Beach County, Florida, being more particularly described
as follows:
commencing at the Southeast corner of said plat; thence North
01044'21" East, along the East Line of said plat, a distance
of 25.00 feet to a point hereinafter referred to as Point "A";
thence North 88015'39" West, a distance of 25.00 feet to the
Point of Beginning of this description; thence continue North
88015'39" West, a distance of 15.00 feet to a point 40.00 feet
west of the East Line of said plat; thence North 010 44 I 21"
East, along a line 40.00 feet West of, and parallel with, as
measured at right angles to, the East Line of said plat, a
distance of 110.00 feet; thence South 880 15 139" East, a
distance of 15.00 feet to a point 25.00 feet West of said East
line; thence South or 44' 21" West, along a line 25.00 feet
West of, and parallel with, as measured at right angles to,
the East Line of said plat, a distance of 110.00 feet to the
Point of Beginning.
TOGETHER WITH:
Commencing at said Point "A"; thence NOl:th 01044'21" East,
along the East Line of said plat, a distance of 140.00 feet to
a point hereinafter referred to as Point."B"; thence North
88015'39" West, a distance of 30.00 feet to the Point of
Beginning of this description; thence continue North 8g> 15' 39"
West, a distance of 10.00 feet to a point 40.00 feet West of
the East line of said plat; thence north 01044' 21" East, along
a line 40.00 feet West of, and parallel with as measured at
right angles to, the East Line of said plat, a distance of
30.00 feet; thence South 88015'39" East, a distance of 10.00
feet to a point 30.00 feet West of said East line; thence
South 01044'21" West, along a line 30.00 feet West of, and
parallel with, as measured at right angles to, the East Line
of said plat, a distance of 30.00 feet to the Point of
Beginning.
NOTICE OF PUBLIC HEARING - CASE #196
Page Two -
TOGETHER WITH:
Commencing at said Point "B"; thence North 01044'21" East,
along the East Line of said plat, a distance of 554.93 feet to
a point; thence North 88015'39" West, a distance of 30.00 feet
to the Point of Beginning of this description; thence continue
North 880 15' 39" West, a distance of 10.00 feet to a point
40.00 feet West of the East Line of said plat; thence North 010
44'21" East, along a line 40.00 feet West of, and parallel
with as measured at right angles to, the East Line of said
plat, a distance of 62.00 feet; thence South 88015'39" East,
a distance of 10.00 feet to a point 30.00 feet West of said
East line; thence South 01044'21" West, along a line 30.00
feet West of, and parallel with, as measured at right angles
to, the East Line of said plat, a distance of 62.00 feet to
the Point of Beginning.
Said lands situated, lying and being in Palm Beach County,
Florida.
Subject to all easements, rights-of-way and reservations of
record.
Use: Existing Rental Apartments Complex
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, June 20, 1994, 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 375-6062, City Clerk's office.
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: BOYNTON BEACH NEWS
A:NOPH1
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Monday, June 20, 1994
7:00 P.M.
City Commission Chambers
100 East Boynton Beach Boulevard
---------------------------------------------------------------
A. Acknowledgement of Members and Visitors
B. Agenda Approval
C. Approval of Minutes
D. Election of Officers
E. New Petitions
Case 1185
Agent:
Request:
- 3030 S.W. 13th Place
Efrem pesyna
The applicant is requesting to reduce the required
20-feet rear setback to 19.65 feet.
Case 1194 - 118 N.W. 4th Street
Property OWner: Helen K. Tullos
Request: Applicant requests to reduce the required 25 feet
front setback to 20.3 feet on the west frontage and
16.7 feet on the north frontage of the subject
corner lot.
CASE 1195 - 3300 South Seacrest Boulevard
Property OWner: St. Joseph's Episcopal Church and School
Request: Applicant requests to increase the 25 feet maximum
building height to 31 feet in connection with the
proposed construction of a gymnasium.
Case 1196 - 2309 North Congress Avenue
Property OWner: Post Landing
Request: Applicant requests to increase the 4 feet maximum
fence height to 6 feet for the purpose of installing
a fence along a portion of the Congress Avenue
frontage between the front line and building line
of the subject property.
F. Other Business
G. Adjournment
Notice: 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. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Joyce
Costello, (407)375-6013 at least twenty-four (24) hours prior to
the program or acti vi ty in order for the City to reasonably
accommodate your request.
MH/crnc
cc: Members - Board of Adjustment
Honorable Mayor and Commissioners
City Manager
City Attorney
Planning and Zoning Director
City Clerk
Building Official
Recording Secretary
Applicants (4)
( 10)
A: BOAGENDA
STAFF REPORT
BOARD OF ADJUSTMENT
JUNE 20, 1994
CASE #196
LOCATION: 2309 North Congress Avenue
AGENT: Lew Peters
REQUEST: The request is to increase the 4 feet maximum fence
height to 6 feet for the purpose of installing a fence
along a portion of the Congress Avenue frontage between
the front line and building line of the subject property.
The variance is to Section 4J.l. of Appendix A-Zoning.
ANALYSIS: Mr. Lew Peters, agent for Post Landing Ltd. is requesting
the Board to consider an exception to the above
referenced section of the Zoning Code. As indicated on
the attached reduced copies of the site plan and survey
of the property, the owners are planning to install a 6
foot high fence along the majority of the Congress Avenue
frontage of the project. The Zoning Code specifies that
a fence located between the front property line and the
front building line shall have a maximum height of 4
feet. The drawings depict specific areas along the
Congress Ave. frontage \>1here the 6 feet high fence will
be placed in an area where the maximum allowed height is
4 feet. The length of the fence that does not comply
wi th height I imi tation and subj ect of the requested
variance is approximately 202 feet.
Find attached Exhibit II A" I a document prepared by the
applicant, which represents the statement of conditions
for the request. The following 1 ist is provided to
assist you in making your evaluation:
1. The existing residential apartment project is zoned
Planned Unit Development (PUD). The property to
the south and west is also zoned PUD and developed
as an apartment complex. The property to the north
is zoned PUD and presently vacant. East across
Congress Avenue is C-3 zoned property developed as
a shopping center.
2. The area that does not allow a 6 feet high fence is
forty ( 40) feet wide and parallel with Congress
Avenue.
3. The area along the Congress Avenue frontage between
the front (east) property line and the front
building line is a dense landscaped area with the
exception of the driveway entrance into the
project.
4. There is room on the site to locate the 6 feet high
fence without violating the height limitation.
5. The request is to allow an increase in fence height
from 4 feet to 6 feet for approximately 202 lineal
feet of fencing along Congress Avenue.
Approximately 440 lineal feet of fence is proposed
for the Congress Avenue frontage of the project.
&:c&se.19t
/