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APPLICATION ~t'? ()~I- CITY OF BOYNTON BEACH BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: See scehdule of dates for Board meetings and submittal dates Please print (in ink) or type Submittal date: 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): Plat Book 2-; , Subdivision , Page uf '2-)0 ~ 2-$ !:P f/-V::.'l Lot(s) rei I A.1 l' I ~ A1J.l) 14:- ' Property involved is described as follows: Block or otherwise described as follows: Property Address ~( f3 'yvo-tJ gu-vJ. 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 CourthouEe. 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 agent is submitting the petition, a notarized copy of a letter designating him as such 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 type): 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 2 of 3 6. B. That the special conditions and circumstances do not result from the actions of the applicant; C. That 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 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. An application fee in the amount of $ 400. 00, payable to the Ci ty of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Name and address of owner: 1) M"L B~$~-" tJ. ~&i1 ~Pi"V u~ l.,ptL-lP( , ( t?~ "/~ '+4 (' 7. 8. Name of applicant: V~ B/'tASSlI.V Applicant' s address. ~~ M o~) Applicant's phone #: (lid _ _~;- <:;& 3 _ Date: 1/1~/7< Signature of Applicant: _O~ f\. ~ ! ( 0" ----------------------------------------------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: c: 2- Formerly zoned: c: ~ 2. Property Control Number: (!)r?A3 -<1-5""-33 - 0<1-. <!)OC>~ 0/30 3. Denial was made upon existing zoning or sign requirements ( lis1 sections[s] of Code from which relief is required): A~~..,t)l~A 5G:Cl1 lt~r"e>1I'5//)"" aF- bf"-~1r..'t"A:."''=I'''~ ". d.UCf)t APPJi4.J A SICC..:f L.6.t~lIJj 1"0 AoDTvS r ~~",.ofo ~P...C".~ rd Nature of exception or variance required: i)AL~Ow 2"flP,4t'~ ,^i"~O ~J: :u> 4. A~ RJ:Q~,'UI.l> &'1' e,pDtZ. "2.) TO Ai.&.ol4.> Vfi=,(,.,nTI." SARI~UtA. V..lf:>r~ArO a>~ 6i:tLcl) &u ~r:C~~. Date: Permi t denied: N / A Building Department 5. Case Number: ~oo Meeting Date: ~/:>,J./'$" ----------------------------------------------------------------------- To be filled out by Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied h'ay Stipulations: Signed: Chairman Page 3 of 3 C E R T I F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY. OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. ~ ~- APPLICANT/~~ ~ APPLICAT.WP5 Page 3 of 3 This inst~ent wasJrepared by: h Name SJlT()n an Schmidt Addrc!l$lOO N.E. Fi~th Av ..Ie Delrav Beach, PI... 33483 Return ~o: Name Sinon and Schmidt Address P.O. Box 2020 Delray Beach, FL 33447 Grantee #1 5.5. No.. Grantee #2 5.5. No. Property Appraiser's POiU'cel Idemific~tiQn No. Itl 43 45 3j U4 000 0130 WARRANTY DEED (ST A TlITORY FORM - SECfION 689.02, F.S.) This Indenture~ made this RON MATI'HES, as Trustee whose post office arldress'is 285 N.E. 4th Avenue, Delray Beach, FL 33483 of the Calmty of Pa1In Beach , State of Florida DALE BRISSON, as Trustee whose post office address is 2815 Hampton Circle "E", J:elray Beach, FL 33445 of the County of PalmBeach , State of Florida day of 1994 , Between , grantor*, and , grantee"', Witnesse th that said grantor, for and in consideration of the sum of -----------------------------------TEN AND NO/IOO Doll , / ______________________________ ars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: Lots 13 and 14, Plat of Highpoint, according to the Plat thereof, recorded in Plat Book 23, page 225, Public Records of Palm Beach County, Florida. and said grantor does hereby fully warrant the title to said land, and wiII defend the same against lawful claims of all persons whomsoever. '. .....Grantor.. and "grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. , Signed,,:eal ,and deliver in ou~resence: ~-1AA~ :?;P4~ (Seal) Grantor Printed or typed name: Ron Matthes (First Witness) Printed or typed name: -:- (Seal) (Second Witness) Printed or typed name: Grantor Printed or typed name: STATE OF FLORI~ COUNfY OF PAlM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this 1994, by RON MATl'HES . produced day of , who is (or are) personally known to me or who has . as identification and who did (did not) take an oath. My commission expires: Notary Public Pri[.lted, typed, or stamped name: (Serial Number. if any) This instrument was prepared by: Name Simon and Schnidt " Addr~~lOO N.E. Fi~th A~ Ie D:lray Beach, PI... 33483 Return to: Name SiIrDn and Schmidt Address P.o. Box 2020 Delray Beach, FL 33447 Grantee #1 5.5. No._ Grantee #2 5.5. No. Property Appraiser's ~agc~:!d~rgifi:f1ti8~ N860 0130 WARRANTY DEED (ST A TlITORY FORM - SECfION 689.02, F.S.) This Indenture~ made this ROO MATl'HES, as Trustee whose post office aci.dress"is 285 N.E. 4th Avenue, Delray Beach, FL 33483 of the County of Palm Beach , State of Florida DALE BRISSON, as Trustee whose post office address is 2q15 Hampton Circle "E", Ielray Beach, FL 33445 of the County of PalmBeach , State of Florida day of 19 94 , Between , grantor-, and , grantee., Witnesseth that said grantor, for and in consideration of the sum of -----------------------------------TEN AND NO/lOa Doll . ------------------------------- ar~ and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: IDts 13 and 14, Plat of Highpoint, according to the Plat thereof, recorded in Plat Book 23, page 225, Public Records of Palm Beach County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. ' ."Grantor" and "grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. . Signed, ~1 , and deliver in ou;rresence: ~-1A-'~ ,~4~ (Seal) Grantor Printed or typed name: Ron Matthes (First Witness) Printed or typed name: (Seal) (Second Witness) Printed or typed name: Grantor Printed or typed name: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this 19 94 , by RON MATl'HES prod U(;ed day of , who is (or are) personally known to me or who has - as identification and who did (did not) take an oath. My commission expires: Notary Public Pri;nted, typed, or stamped name: (Serial Number, if any) r- -Yt'" 4 , _ '.. <I "" It-\" , To: Board of adjustments Re: 231 S.E. 23 rd ave. From: Dale Brisson 2815 Hampton Circle East Del ray Beach, FI. 5. Statement of special conditions, hardships or reasons justifying the requesteed exception or variance. 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; The building currently exists. The zoning allows a certain # of parking spaces per every square foot of floor area. Because of this we will require a reduction of required parking spaces. B. That the special conditions and circumstances do not result from the actions of the applicant. We have not altered the existing property to cause our request. C. That 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: I do not believe that granting this variance will bestow on myself any special privileges. 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: Undue hardship would be adverted if the variance request is approved. /0 E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: After much deliberation with the city the variances we seek are the minimum. 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. Granting the variances we seek will allow us to move ahead and improve the property substantially. Considering the current state of the building and its parking area we feel the surrounding area will benefit greatly and will prove detrimental to the surrounding area if the variances are unallowed. WL } ~'\.\.~ ~ ~ ~t,\~, ~ ~'"~ ~ PLt>.NNING tpNJl tONING \k I. /1