AGENDA DOCUMENTS
~
C I T Y
o F
BOY N TON
B E A C H
BOARD OF ADJUSTMENT MEETING
AGENDA
DATE:
-
Monday, May 15, 1995
TIME:
7;00 P.M.
PLACE:
Boynton Beach City Hall
City Chambers
100 E. Boynton Beach Blvd
1.
Acknowledgement of Members and Visitors
..,
... .
Approval of Agenda
3.
Approval of Minutes
4 .
Communications and Announcements
5.
Election of Officers
6.
Old Business
PUBLIC HEARING
A.
Case No. 201
(Continued from the April 17, 1995 meeting)
Location:
2107 S.E. 3rd street
Property Owner:
Donald Fisher
Request:
Relief is requested from Section 5.G.2.a. of
the City of Boynton Beach Zoning Code to
reduce the required forty (40) foot front yard
setback for units 7 and 8 to twenty-five (25)
feet; reduce the required forty (40) foot rear
yard setback to the north of units 6, 7 and 8
to twenty-six (26) feet; reduce the required
forty (40) foot rear yard setback to the west
of units 5 and 6 to twenty (20) feet; and
reduce the minimum twenty (20) foot side yard
setback to the east of uni t 8 to ten (10)
feet.
6. New Business:
None
7. other Business
8. Comments by Members
9. Adjournment
NOTICE: Any person who decides to appeal any decision of the Board of
Adjust~ent 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
vel-batim 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 prier to the program or activity in order for the city
to reasonably accommodate your request.
HEH:dira
~: ~r;r:d'bo.s. :J: j
7.A
CASE 201
DONALD FISHER
STAFF REPORT
BOARD OF ADJUSTMENT
MEETING:
May 15, 1995
PETITION:
Case No. 201
LOCATION:
2107 S.E. 3rd street
OWNER:
Donald Fisher
VARIANCE:
Request for relief from Appendix A, Zoning, Section
5.G.2.a. to reduce side, front and rear setbacks in
connection with proposed construction of mul ti-
family units.
Note: At the request of the applicant Case No. 201
was continued from the April 17, 1995
meeting to the May 15, 1995 meeting. This
report reflects additional changes the
applicant is requesting from the original
request. The changes required and received
a new public notice.
ANALYSIS
The subject property is located at the northwest corner of S.E. 3rd
street and S.E. 21st Avenue and in the R-3 (Multi-family
Residential District) zoning district. The following is a
description of the zoning districts and land uses of the properties
that abut the subject property:
North -
West Lane (undeveloped public road) and farther
north undeveloped land, zoned R-3.
East
S.E. 3rd Street (of lots 10, 11, 12 and 13) and
farther east single family homes. East of lot 8 is
a single family home. All lots east of the subject
property are zoned R-3.
South -
S.E. 21st Avenue and farther south a duplex, zoned
R-3.
West
The Florida East Coast (F.E.C.) railroad right-of-
way and farther west multi-family proj ect, zoned
PUD.
In June 1992 a site plan was approved for the subject property.
The approval was for eight (8) rental apartments to be built on six
(6) lots. The lots 8 through 13 are located in the Sunny Oaks
Addition plat, recorded in 1948. The project included two (2) I
two-story buildings (four units each) and a detached garage. Prior
to site plan approval, the applicant requested setback variances
and was granted the following setback variances for the project:
Case #160 -
approved September 23, 1991 - was for the
reduction of the front yard setback for lots
10, 11, 12 and 13 from 40 feet to 25 feet. The
variance also, included reducing the rear yard
setback for building B which is located on lot
10 and 11 from 40 feet to 15 feet.
Case #164 -
approved November 4, 1991 was for the
reduction of the rear setback for building A
which is located on lots 12 and 13 from 40
feet to 35 feet.
The applicant is proposing to change the project from two, two-
story buildings with four units each, to three one-story buildings
with a total of eight apartment units - four units in one building,
one unit in a stand-alone building and three units in the remaining
building. The current variance request is to accommodate the
proposed building changes. The requested variance is as follows:
/
Page 2
Staff Report Board of Adjustment
Case No. 201, Donald Fisher
April 17, 1995
1. Reduce the required forty (40) foot front yard setback
for units 7 and 8 to twenty-five (25) feet.
2. Reduce the required forty (40) foot rear yard setback to
the north of units 6, 7 and 8 to twenty-six (26) feet.
3. Reduce the required forty (40) foot rear yard setback to
the west of units 5 and 6 to twenty (20) feet.
4. Reduce the required twenty (20) foot side yard setback to
the east of unit 8 to ten (10) feet.
Section 5.G.2.a. of the zoning code specifies the following
setbacks for the R-3 zoning district:
Minimum front yard -
Minimum rear yard
Minimum side yard
40 feet
40 feet
20 feet each side
Note: setbacks are measured from property line to the
leading edge of building and/or overhang.
Find attached Exhibit "A", page 1 - survey of the subject lots,
page 2 - previous approved site plan, and page 3 - proposed site
plan with the variance delineated. Also, find attached Exhibit
"B", variance application and a document prepared by the applicant,
which represents the statement of special conditions for the
variance request. The following list is provided to assist you in
evaluating the request:
1. The subject property and the properties that abut the
property to the east, north and south are zoned R-3.
2. The property to the west across the F.E.C. right-of-way
is zoned PUD.
3. As described above, Board of Adjustment case numbers 160
and 164 were appl-oved for setback variances on the
subject property.
4. A site plan was approved for the property that included
two, two-story buildings with four apartment units in
each building.
5. The current request is in connection with a proposed site
plan modification to change the two, two-story buildings
to three one-story buildings and omit the detached
garage. The total number of apartment units for the
proj ect remains unchanged at eight (8) units. The
proposed changes will require site plan review approval.
6. The request is to reduce the required forty (40) foot
front yard setback for units 7 and 8 to twenty-five (25)
feet; reduce the required forty (40) foot rear yard
setback to the north of units 6, 7 and 8 to twenty-six
(26) feet; reduce the required forty (40) foot rear yard
setback to the west of units 5 and 6 to twenty (20) feet;
and reduce the minimum twenty (20) foot side yard setback
to the east of unit 8 to ten (10) feet.
MEH:dim
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C I T Y
o F
BOY N TON
B E A C H
BOARD OF ADJUSTMENT MEETING
DATE:
Monday, April 17, 1995
TIME:
7:00 P.M.
PLACE:
Boynton Beach city Hall
city Chambers
100 E. Boynton Beach Blvd
1. Acknowledgement of Members and Visitors
2. Approval of Agenda
3. Approval of Minutes
4. Communications and Announcements
5. Election of Officers
6. Old Business
NONE
7. New Business:
PUBLIC HEARING
A.
Case No. 201
(Continued to the May 15, 1995
meeting)
Location:
2107 S.E. 3rd street
Property Owner:
Donald Fisher
Request:
Request for relief from Appendix A,
Zoning, Section 5.G.2.a. to reduce
the side, front and rear setbacks in
connection with construction of
mUlti-family units.
B.
Case No. 202
withdrawn
C. Case No. 203
Location:
Southwest corner of South Seacrest
Boulevard and S.W. 23rd Avenue
Property Owner:
Outpatient Properties, Inc.
Request:
Request for relief from Appendix A,
Zoning, Section 6.A.3. to reduce the
required lot depth from 120 feet to
115 feet in connection with
construction of a parking lot.
C. Case No. 204
Location:
East of High Ridge Road and 460 feet
north of Gateway Boulevard
property Owner:
Tri-County Commuter Rail Authority
Request:
Request for relief from Appendix A,
Zoning, Section 7.H.17. to omit the
required peripheral greenbelt along
Page 2
Board of Adjustment Meeting Agenda
April 17, 1995
that portion of the pro boundary
which coincides with the east
property 1 ine of the proposed
parking facility for the Tri-Rail
station.
7. Other Business
8. comments by Members
9. 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.B. 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 activity in order for the City to reasonably
accommodate your request.
MEH:dim
xc: Central File
.'.lIndbo...17
STAFF REPORT
BOARD OF ADJUSTMENT
MEETING:
April 17, 1995
PETITION:
Case No. 201
LOCATION:
2107 S.E. 3rd street
OWNER:
Donald Fisher
VARIANCE:
Request for relief from Appendix A, Zoning, Section
5.G.2.a. to reduce side, front and rear setbacks in
connection with proposed construction of mul ti-
family units.
ANALYSIS
The subject property is located at the northwest corner of S.E. 3rd
Street and S.E. 21st Avenue and in the R-3 (Multi-family
Residential District) zoning district. The following is a
description of the zoning districts and land uses of the properties
that abut the subject property:
North -
West Lane (undeveloped public road) and farther
north undeveloped land, zoned R-3.
East
S.E. 3rd Street (of lots 10, 11, 12 and 13) and
farther east single family homes. East of lot 8 is
a single family home. All lots east of the subject
property are zoned R-3.
South -
S.E. 21st Avenue and farther south a single family
home, zoned R-3.
West
The Florida East Coast (F.E.C.) railroad right-of-
way and farther west multi-family project, zoned
PUD.
In June 1992 a site plan was approved for the subject property.
The approval was for eight (8) rental apartments to be built on six
(6) lots. The lots 8 through 13 are located in the Sunny Oaks
Addition plat, recorded in 1948. The project included two (2),
two-story buildings (four units each) and a detached garage. Prior
to site plan approval, the applicant requested setback variances
and was granted the following setback variances for the project:
Case #160 -
approved September 23, 1991 - was for the
reduction of the front yard setback for lots
10, 11, 12 and 13 from 40 feet to 25 feet. The
variance also, included reducing the rear yard
setback for building B which is located on lot
10 and 11 from 40 feet to 15 feet.
Case #164 -
approved November 4, 1991 was for the
reduction of the rear setback for building A
which is located on lots 12 and 13 from 40
feet to 35 feet.
The applicant is proposing to change the project from two, two-
story buildings with four units each, to three one-story buildings
with a total of eight apartment units - four units in one building,
one unit in a stand-alone building and three units in the remaining
building. The current variance request is to accommodate the
proposed building changes. The requested variance is as follows:
1. Front yard setback reduction for lot 8 from 40 feet to 25
feet.
2. Rear yard/front yard (double frontage lot) setback
reduction on lots 8 and 9 from 40 feet to 30 feet.
I
Page 2
staff Report Board of Adjustment
Case No. 201, Donald Fisher
April 17, 1995
3. Reduce the east side yard setback on lot 8 from 20 feet
to 10 feet
Section 5.G.2.a. of the zoning code specifies the following
setbacks for the R-3 zoning district:
Minimum front yard -
Minimum rear yard
Minimum side yard
40 feet
40 feet
20 feet each side
Note: Setbacks are measured from property line to the
leading edge of building and/or overhang.
Find attached Exhibit "A", page 1 - survey of the subject lots,
page 2 - previous approved site plan, and page 3 - proposed site
plan with the variance delineated. Also, find attached Exhibit
"B", variance application and a document prepared by the applicant,
which represents the statement of special conditions for the
variance request. The following list is provided to assist you in
evaluating the request:
1. The subject property and the properties that abut the
property to the east, north and south are zoned R-3.
2. The property to the west across the F.E.C. right-of-way
is zoned PUD.
3. As described above, Board of Adjustment case numbers 160
and 164 were approved for setback variances on the
subject property.
4. A site plan was approved for the property that included
two, two-story buildings with four apartment units in
each building.
5. The current request is in connection with a proposed site
plan modification to change the two, two-story buildings
to three one-story buildings and omit the detached
garage. The total number of apartment units for the
project remains unchanged at eight (8) units.
6. The request is to change the front setback on lot 8 from
40 feet to 25 feet, change the rear/front setback on lots
8 and 9 from 40 feet to 30 feet, and reduce the east side
setback on lot 8 from 20 feet to 10 feet. Note: All
setbacks are measured from property line to the leading
edge of the building and/or overhang.
MEH:dim
Attachments
a,StfRptBOA.Fi.
2.