APPLICATION
-.
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: See scehdule of dates for Board meetings and submitta.l
dates
. 3-jl(:)!9.r
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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 Zoninq or Sign Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
.
Please pr1nt (1n 1nk) or type . Submittal datea
Property involved
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is 'described as follows: Lot(s) :i... --I, 2.~.t ,j.~
, Subdivision L..A:,tt ~{tJTaJ ~A.-C:j;G- ,
Plat Book ~,
Property Address
follows:
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The fOllowing documents are required to be submi ted with this application to
form a single packaqe. Incomplete package will not be accepted:
1.
A.
B.
c.
D.
E.
F.
G.
H.
I.
J.
K.
Two sealed surveys by a registered surveyor in the State of Florida, not
over six (6) mon~hs old, indicating:
All property lines
'North arrow
EXisting structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the
Utilities on or adjacent to the
Legal description
Number of acres to the nearest
Location sketch of property
Surveyor's Certificate
site
site
'0 , /~{;
one-hundredt~ (1/100) of an acre
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 mul~iple 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 agent is submitting the petition. a
notarized copy of a letter designating him as such must accompany the
petition.
5. Statement of .special conditions, hardsh1ps 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;
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Page 2 of 3
6.
That the special conditions and circumstances do not result from
the actions of the applicant;
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 struqtures in the same zoning district;
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;
That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
,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 City 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.
C.
B.
D.
E.
F.
7.
8.
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Applicant's phone #: LjfJ7 -1''3'' - 3t:j{>o
Date: 14/.Vl1J+fft, I ~ S' Signature of Applicant:
Name of applicant:
Name and address of owner:
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~pplicant's address:
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To be completed by the Building Official or Representative
1.
Property is presently zoned:
Formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
4. Nature of exception or variance required:
Date:
Permit denied:
Building Department
5.
Case Number:
Meeting Date:
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To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
'.
Page 3 of 3
C E R T I FIe A T ION
TO 1'HB 8&S'1' OF MY KNOWLEDGE AND BELIEF I THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APi'LICAIi'l"S i'ROi'BR~ 0. ,~""
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APPLI CANT AGENT
"'VPLICAT.WPS
Page 3 of 3
STATEMENT OF SPECIAL CONDITIONS
A, Zoning of property has made the lots unreasonable to build on. Loss of over
30' to Boynton Beach Boulevard R.O.W. has reduced depth of lots 24 and 25 to 80'.
B. Property was platted and zoned and rezoned many years ago.
C. Surrounding buildings were erected on larger parcels of land. These three
lots, of odd configuration, are-isolated by adjoining properties.
D. Literal interpretation of zoning will prohibit owner from building a
reasonable, attractive structure. That is surely a hardship.
E. Owner requests minimum variances to make reasonable' use of the land.
F . Variance will not be harmful to the area. On the contrary, it will allow owner
to build an attractive and necessary building.
This instrument prepared by:
Record & Return to:
JEFF TOMBERG, ESQ.
TOMBERG & SPALL, P,A.
P. O. Drawer EE
Boynton Beach, FL 33425
WARRANTY DEED
THIS WARRANTY DEED Made the ;( &)'1.... day of {f2e.~L-1~ A.D. 1994
by ROBERT G. BEANE and CAROLYN S. BEANE, his wife, an undivided one-third
interest, LUCIEN SAMYN & MARY ELLEN SAMYN, his wife, an undivided one-third
interest and RONALD G. LINKOUS ~RUSTEE of Ronald G. Linkous Livrng Trust
u/t/d 3/14/88 an undivided one-third interest, as Tenants in Common,
hereinafter called the Grantor, whose post office address is: c/o Ronald G.
Linkous, 906 S.W. 28th Avenue, Boynton Beach, FL 33435
to CLEAR COPY, INC. a Florida corporation, hereinafter called the Grantee,
whose post office address is: 1194 S.W. 27th Place, Boynton Beach, FL 33426
WITNESSETH: That the Grantor, for and in consideration of the sum of
Ten and nO/lOa Dollars and other valuable considerations, receipt whereof
is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land
situate in Palm Beach County, State of Florida, viz:
Lots 24, 25 and 26, Block 2, LAKE BOYNTON ESTATES, Plat 1, a
Subdivision in the City of Boynton Beach, Florida, according to the
Plat thereof recorded in the office of the Clerk of Circuit Court in
and for Palm Beach County, Florida, in Plat Book 13, Page 32.
Subject to easements, restrictions, reservations and covenants of
record.
TOGETHER, with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE FOREVER.
AND the Grantor hereby covenants with said Grantee that the Grantor is
lawfully seized of said land in fee simple; that the Grantor has good right
and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances,
except taxes accruing subsequent to December 31, 1993.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first 'above written,
Signed, sealed and delivered in
the presence of:
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p~ted name
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Signature /
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Printed name I
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Signature
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RO ERT G, BEANE
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CAROLYN S.
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LUCIEN SAMYN
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MARY LEN SAMYN
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RONALD G. LINKOUS, TRUSTEE of the
Ronald G. Linkous Living Trust
u/t/d 3/14/88
STATE OF FLORIDA
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally
appeared ROBERT G, BEANE and CAROLYN S. BEANE, his wife, known to me to be
the person(s) described in and who executed the foregoing instrument, who
acknbwledged before me that he executed the same1, that I relied. upon the
following identification of the above-named: t///,.~ r.t-~ tr>", #-f'/1c)
and that an oath was taken.
WITNESS my hand and off~~ial seal in the
aforesaid this o:J., 3 n..'day of ~~-<-.4')~"
County and State
, 1994.
last
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State of Fl ida
My Commission expires:
STATE OF FLORIDA
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COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally
appeared LUCIEN SAMYN and MARY ELLEN SAMYN, his wife, known to me to be the
person (s) described in and who executed the foregoing instrument, who
acknowledged before me that he executed the same, that4r lied upon the
following identification of the above-named: ~.
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WITNESS my hau? and off;i;Fial sea..l in the
aforesaid this C:<7 ~ay of ~
County and State
, 1994.
last
My Commission expires:
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tary Public,
STATE OF FLORIDA
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COUNTY OF PALM BEACH
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments, personally
appeared RONALD G. LINKOUS, TRUSTEE of the Ronald G. Linkous Living Trust,
u/t/d 3/14/88, known to me to be the person (s) described in and who
executed the foregoing instrument, who acknowledged before me that he
executed the same, that I relied uP9n the following identification of the
above-named: ')1 /'v9 ~l....l~ ~~~{/....... and that
an oath was taken/.
in the County and State last
, 1994.
WITNESS my hand and of~eal
aforesaid this .::1 J1. ~ day of 'V'
My Commission expires:
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