REVIEW COMMENTS
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FROM:
Leonard
E. Haag~ing and slte Adilinistrator
c;;. Rubi~ssistant city Attorney
TO:
Michael
RE;
Board of Adjustment Case No. 197
DA.TE :
Oet:ober;~4, 1994
r. hay"" r~vlQwQd th~ DGclarati.on of RastriotioYl Fn1blllitt.Qd by Carol
Whi.te relative t.o the grant of .... varianco {lonoarning- the rear
aetbaok of hex pro}?tJ:.:cty. 'The Declarat..lon of P..estri.ct.ion submitted
by her' attIt.1.i.:'ney look$ fin.~ ,';iubjeot to t.he following minor
corrections:
'1'IfA'1~ CER'l'AIU S'l'RUC'l'UREf; AND ENCROACliMENTS OVER
EXISTING .. SETDACF: LINES IMPOSED BY THE CITY n "'r
!.JOYlYi.'ON BF.ACH"PF.ESENT1,y EXIST UPON SA!.D PROPERTY, AND IN
CONSIDERATION OF ShID CITY GRANTING A VARIANCE RELATIVE
~~ THE C'l:NTINUED EXISTENCE OF SAID ENCRQACHHEN'l'S I 'mAT NO
PORrYJ ON OJ<' SAID OVER..iiANUS OR ENCROACfL.1tfENTS SHALL EVER BE
ENCLOSED. FUR]:IHER r,:'HAT II" THE TENANT FP.EBEWHri OCCUPYING
THE BUILDINGS ~"il ,.., ..,... EVER VACATES SAME,
OF IY THE DND"" OWNERSHIP OF SAID
PROFERTY I 'l'HA'1' IN El1'HER. OF' SAID EVENrrS, THE EXISTING
ENCROACHMENTS SHALL BE REMOVED.
I assume l:n.at Ms. ';'ilhitewill provide the city with a copy of the
rect.')rded docu~want "lith the offici.al Record Book and Page references
(,mee It is retl.;l;'ned by PaInt Beach County.
If I may be of additional assistance, please do not hesitate to
cont,':UTt. me.
fOOtt~\ilAAr,.MfM '" >'
00
OCT25.
00
PLANNING AND
.. ..,,__, ~Q!~L'iG D EPT.
~ .J.-:'
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-298
FROM:
Leonard Rubin, Assistant City Attorney
Tambri J. H:BeYd~l~anning and Zoning Director~
Michael E. Ha , zoning and Site Administrator
October 3, 199
TO:
THRU:
DATE:
SUBJECT:
Board of Adjustment Case No. 197 - Review of legal
document regarding conditions of approval.
Please find attached a document provided by Ms. Carol White
regarding the conditions of approval for the above-referenced
case heard by the Board of Adjustment at their September 19, 1994
meeting. Please review the document and forward written comments
or your approval to me so that I may in turn transmit same to
Ms. White. We have verified that the legal description of the
subject property matches the legal description identified on the
deed that was submitted with application for the variance.
If I can be of further assistance, please contact me.
Attachments:
(1) Original Proposed - Declaration of Restriction, C. White
(2) Minutes of September 19, 1994 Board of Adjustment Meeting
xc: case file
MBM02'S.AIIV
BUILDING DEPARTMENT
MEMORANDUM NO. 94-202
August 30, 1994
To:
Michael Haag
Zoning and Site Development Administrator
Re:
Al Newbold, Deputy Building OIlOCial
Don Jaeger, Building Officia
Review of Board of Adjustmen Cases #197 and #198
Building Department Comments
From:
Via:
In response to your request to review Board of Adjustment Cases
#197 and #198, the Building Department comments are as follows:
In the absence of the fact sheets your department provided in the
past, and copies of surveys or plans, we cannot address the
technical parts of the Code.
Case *197 - We would like to point out that property abutting
rights-of-way apd paved alleys has already been addressed by the
Code by our reduction of 10 Ft. setbacks. Facts such as these
should be stressed to the Board.
Case *198 - In my opinion, this application does not reflect any
hardship.
Again, I call to your attention that the Section of Code from
which the applicant is required relief is incorrectly stated.
Item 3 should read Appendix A, Zoning, Section 11, Off-street
Loading, (1) and (2). There would be no way for a lay-person or
one who is not familiar with our Code to find the applicable
Section. Furthermore, these kinds of mistakes can prove costly
to the City if challenged in court.
We are aware that the plans and information are on file in your
department but it is difficult for us to find someone who knows
where they are when you are not present. It would be helpful to
send a copy of them to us for our analysis and comments,
especially since the application and information you now supply
is only from the applicant and does not include your input.
AN: mh
rn mowrn rn
AUG 3 ! OO;j
PlANNING AND
NING DEPT.
A: 197-198.BOA
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
<<7
(I
DATE:
Don Jaeger
B~ilding Of~cial ~II
Mlchael Haag~ ~
Zoning and Si elopment
August 25, 1 9
Administrator
TO:
FROM:
SUBJECT: Review of Board of Adjustment Cases #197 and #198
Enclosed please find a copy of the applications for the Board of
Adjustment meeting of september 19, 1994 for your perusal.
please let us know if you have any comments by september 2, 1994.
Additional data and drawings for these cases for your review are
in the Planning and Zoning Department office.
MH/jj
cc: BOA file
.:~.Y191.:"8
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-258
TO:
Sue Kruse, City Cle~ >---").1 L. ~
Tambri J. HeYde~~~g Director
August 15, 1994
FROM:
DATE:
RE:
Board of Adjustment - Case #197
File No. BOAV 94-007
Accompanying this memorandum you will find a copy of the
application, supporting documentation and a list of property owners
within a 400 foot radius of the subject property. A check in the
amount of $400.00 to cover the review and processing of this
application has been forwarded to the Finance Department.
A legal advertisement for this request has been prepared for the
September meeting and will be forwarded to your office after review
by the City Attorney and City Manager.
MH/mja
Attachments
xc: Project File
A: COVER. 197
REQUEST FOR PUBLISHING
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: Planning and Zoning Department
PREPARED BY: Michael E. Haag
DATE PREPARED: August 15, 1994
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adjustment Public
Hearing Notice for Case #197 to be held at City Hall on september
19,1994.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: All property owners within 400 feet of
subject property, the applicant and Planning and Zoning Department
Director.
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
To be determined by City Clerk
To be determined by City Clerk
APPROVED~:
(1) d~~~~
(Department ead)
(Date)
( 2)
(Date)
(City Attorney)
( 3 )
(Date)
(City Manager)
RECEIVED BY CITY CLERK:
COMPLETED:
A:PUBLISH.197
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 Zoning Code of said City:
Case #197
OWner:
Carol White
Requested
Variance:
A request to reduce the required twenty (20)
foot rear setback to two point five (2.5)
feet. The variance is to section 8 .A. 6 of
Appendix A - Zoning.
Location:
215 SE 8th Avenue
Legal
Description:
Lots 8, 9 and 10, Block 18, Bowers Park,
Boynton Beach, Palm Beach County, Florida
Use:
Contractor; Aluminum
Manufacturing.
Speciality
and
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, September 19, 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:
A:LEGAL.197