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LEGAL APPROVAL ) fJ1ie City of 'Boynton 'Beacn 100 'E. 'Boynton 'Beadi 'Boulevartf P.O. 'Boi{310 'Boynton 'Beadi, ~foriaa 33425-0310 City 9fal[: (407) 375-6000 ~!4X: (407) 375-6090 J'~ne 20, 1995 Ml-. ..!\nte Culnak 923 S.E. 14th Terrace Deerfleld Beach, FL 33041 Re: Board of AdJustment Case #205 West Side of DIane Drive Dear Mr. Culjak: Please be advised that your request (Board of Adjustment Case =205) for a varlance to reduce the required rear yard setback from 25 feet to :5 feet In connection wIth the proposed construction of a new slngle-famlly resldence at West Diane Drive was denied by the Board of Adjustment at their June 19, 1995 meeting. If I can be of further assistance, please contact me. Very truly yours, ~~l y~c4 ,401'--. Tall'ri J. Heyden '01 nning and Zoning Director " ~'> TJH:dIm xc: Central File ~; :j€,:-. :..:.:J~e.. 2 ::.5 jfmuica's (jateway to tfu (juCfstream MINUTES - BOARD OF ADJU~....~NT MEETING BOYNTON BEACH. FLORIDA JUNE 19, 1995 6. NEW BUSINESS Public Hearing The recording secretary administered the oath to all who would be testifying this evening. Chairman Thompson advised that the purpose of this board is to grant variances when it feels that the governmental body has placed a hardship on the property, not on the property owner. . Ms. Houston explained the criteria which the board takes into consideration when rendering a decision on a variance. Chairman Thompson reiterated that the applicants would need all five members of the board to vote in favor of granting a variance, and that the only recourse the applicants would have once the board has made a decision is through the courts. A. Case No. 205 Location: West side of Diane Drive, approximately 1,320 feet south of Mission Hill Road Ante Culjak Relief from Section 5.B.2.a. of Chapter 2 of the City's Land Development Regulations to reduce the required rear yard setback from 25 feet to 15 feet in connection with the construction of a new single-family residence. Ms. Houston read portions of this application, including the applicant's Justification of Application. Property Owner: Request: Planning Consultant Julian Bryan of Julian Bryan & Associates was present on behalf of Mr. Culjak. He advised that a number of residents are present to speak in support of this application and asked that they be allowed to do so before he makes his.presentation. Rick Moeller, 3519 Diane Drive, had no objection to this request. He felt it was reasonable. He stated that the lots are backed up to 1-95 and all the reasons for the variance seem sound. He felt this would be an asset to the neighborhood. He added that some of the property owners on Diane Drive who have been thinking of moving to a larger home, can now reconsider and expand if this variance is granted. Dave Showalter owns the property on the south side of the subject property of Mr. Culjak's property. He stated that he and his wife are 100 percent in favor of Mr. Culjak building the house that he would like to build there. He said he may come before this board in the future about expansion of his property in relation to the setback, considering that it is not typical of the neighborhood. Mr. Showalter pointed out that there are no neighbors to the rear of this prop- - 2 - MINUTES - BOARD OF ADJU__.ENT MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1995 erty, other than 1-95. Therefore, he did not think that Mr. Culjak or anyone else on that street would infringe upon anyone else1s property rights by building whatever they want to build. He felt it would be an asset to the neighborhood and stated that he is looking forward to having Mr. Culjak as a neighbor. Joe Barbalaco, 3508 Diane Drive, had no objection to this request. Tommy Greco lives right next door to this lot. He had no objection to this request. Mr. Bryan displayed a tax map from Palm Beach County showing the Interstate and Lots 6 and 17 on Diane Drive. He also displayed an aerial of the parcels. He advised that the sound barrier wall is under construction so that the people who live in one-story homes along this corridor will not have to see the Interstate or hear its noise. He stated that virtually everything is built out other than Diane Drive. Mr. Bryan displayed a floor plan of the home proposed to be built on Lots 6 and 17. The only portion of the home in need of a variance is the master suite which is approximately 18 feet wide. This design is a fairly common solution to providing privacy in the backyard. The master suite wraps around in an "L" shape so you can view the rear of the home from the kitchen and master bedroom. This plan also provides a substantial amount of sound buffering for the next door neighbor (the nonmal noise of children playing and people using the pool). Mr. Bryan stated that over 50 percent of the homes on the street did not build to the rear setback. Therefore, every house is not exactly 20 feet apart. The applicant is trying to mimic what is presently there. Were he to build right up to the 25 foot line across the rear and not ask for the additional area, all he would be doing is putting more living area closer to 1-95. Mr. Bryan stated that when this subdivision was platted, and when the City created a 25 foot rear yard in the R-1AAB zoning category, the traffic was substantially less Qn 1-95. There are few areas on 1-95 that have residences. Of those, most are"older communities. There are no new communities adjacent to 1-95. These lots have existed for 20 years without being built upon. They are eyesores and a detriment to the public who live on either side of them. Mr. Bryan felt it was very important that the square footage and the sale price of this home be compatible with or greater than the surrounding homes. He stated that it would be easy to build a 1,500 square foot home and sell it for $135,000, but it would be a disservice to the neighborhood. That would be substantially under the market and would undenmine the value of the existing homes. Mr. Bryan advised that the sound barrier wall will be built 3 to 5 feet west of the west property line. Virtually everyone in those homes has a fence or wall behind their homes. There will be no way to get behind the sound barrier wall ~ - 3 - MINUTES - BOARD OF ADJU~,~ENT MEETING BOYNTON BEACH. FLORIDA JUNE 19. 1995 to maintain the area behind the sound barrier wall and the rear fences. He believes people will take down their rear fences and start to mow and maintain that area once the sound barrier is built. He thinks this will create five additional feet of usable outdoor open space behind these homes. Mr. Bryan pointed out that we allowed up to 35 percent building coverage in this residential zoning district. This home covers only 28.7 percent. He said the applicant is trying to build a home with a floor plan that makes sense, is com- patible with the neighborhood, and would be marketable and beneficial to the neighborhood. In response to Mr. Benman, Mr. Julian advised that there are about 40 homes on Diane Drive, 20 on each side of the street. Most of the lots are 92' wide by 110' deep. Ms. Houston asked if these were the only two vacant lots on that side of the street. Mr. Julian stated that there is another vacant lot at the extreme south end. No one else wished to speak in favor of or against this variance. It bothered Vice Chainman Miriana that some of the residents spoke in favor of granting this variance to give themselves an outlet for extending to the rear of their homes. He stated that all the homes have at least 25 feet in the rear and if this variance is granted, it will not be in confonmity with the neighborhood. Vice Chainman Miriana felt the barrier wall is going to be a problem. He said it looks like a prison wall. He could not understand why anyone would want to build a room that close to the barrier wall. He referred to an accident involving a truck containing inflammables that occurred in that area. He said many residents were asked to leave their homes while that was cleaned up. He stated that he had heard complaints from the residents that these homes are too close to 1-95, yet this home will be even closer. He felt a hazard would be created by granting this variance. Ms. Houston stated-that the purpose of setbacks is to keep someone from building a home too close to neighbors behind them. However, there is nothing behind this lot except for 1-95. Therefore, this home would not affect anyone. Ms. Hammer pointed out felt it would en chance of the existing homes. terse that the neighbors are in favor of this variance. She the property and the area, and would increase the value In addition, the people would not move to larger quar- Chainman Thompson pointed out that all the homes along that street were built and stayed within the 25 foot setback. Lots 6 and 17 are the same size as all the rest of the lots on that street. He pointed out that if this variance is granted, it does not mean that variances to the other homes would also be granted. He also pointed out that there are very few homes in the City bigger than 110' x 1001. He did not think a hardship exists. - 4 - MINUTES - BOARD OF AOJU~ .ENT MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1995 Vice Chairman Miriana concurred with Chairman Thompson. In response to Ms. Hammer, Mr. Haag advised that in 1974, the zoning in this area was R-l-AA. Mr. Bryan added that the property was platted in 1976. Ms. Hammer felt it has been a long time since there has been a change. In response to Chairman Thompson, Mr. Haag advised that all the homes on that side of the street have the same setbacks the applicant is trying to comply with. He has to stay 25 feet from the front property line, 25 feet from the rear property line, and 10 feet on each side. He can build anywhere within that area. He has to stay below the maximum lot coverage, but he can place his home anywhere within that buildable area. In response to Vice Chairman Mlriana1s earlier comments, Mr. Bryan advised that the home would not have a view of the barrier wall. In addition, the barrier wall would not have the structural integrity to keep a tractor/trailer truck from coming through it, but it meet current hurricane wind loading. Regarding the 40 homes that exist along Diane Drive, Mr. Bryan stated that 20 of them are on the west side of the street and 20 are on the east side of the street. The 20 that are on the east side of the street back up to a canal. The lot lines run to the center of the canal. So those rear setbacks are taken from a point out in the middle of the water. Therefore, they are really not having to adhere to a 25 foot rear setback anywhere on the west side of that street. Mr. Bryan displayed a copy of the official Palm Beach County Tax Map. He stated that the canal is approximately 40 to 50 feet wide. The rear yards across the street are measured from the center of the canal, which is unusable. The homes on the east side of the street are typically 149 feet in depth as opposed to 110 feet on the west side of the street. Motion Ms. Houston moved to grant the applicant1s request as stated in Case No. 205. Mr. Berman seconded. the motion. A roll call vote was polled by the Recording Secretary as follows: Arthur Berman Patti Hammer Raychel Houston James Miriana Vernon Thompson - Aye - Aye - Aye - Nay - Nay The vote was 3-2 and the variance was denied. Vice Chainman Miriana felt there is sufficient buildable area without an addi- tional 10 feet. - 5 - MINUTES - BOARD OF ADJU,.AENT MEETING BOYNTON BEACH. FLORIDA JUNE 19. 1995 Chairman Thompson felt that a home that is compatible to the existing homes could be built, and that granting this variance would be giving special favor to the property in question. B. Case No. 206 Location: Property Owner: Request: West side of Diane Drive. approximately 360 feet south of Mission Hill Road Ante Culjak Relief from Section 5.B.2.a. of Chapter 2 of the City's Land Development Regulations to reduce the required rear yard setback from 25 feet to 15 feet in connection with the construction of a new single-family residence. Ms. Houston read portions of the application and stated that the justification submitted by the applicant is exactly the same as in Case No. 205. Chairman Thompson asked if the dimensions of the property are the same. Ms. Houston advised that they are. The only difference is the location of the property. Mr. Bryan stated that Lots 6 and 17 are the same size and are similarly situated along the west side of Diane Drive. He asked the City Attorney if his only relief is through the Circuit Court, to which Attorney Rubin answered affinmatively. Mr. Bryan asked if it would be possible for this matter or the previous matter to be reconsidered by this Board with seven members in attendance. Attorney Rubin pointed out to Mr. Rubin that he waived that option and he would have to go to the Court for any relief. Chainman Thompson added that after one year, the applicant can reapply to this board. Rick Moeller spoke in favor of granting this variance. He stated that when he purchased his home on Diane Drive, one of his fears was that many lots would go unbuilt. It appears that this may occur because of the judgment this evening. There are four empty lots on the west side of Diane Drive. To him, this variance does no injury to the neighborhood. In fact, it would be an asset. It affects no neighbor negatively. He did not understand the board's Objections. He pointed out that a majority of the board voted in favor of granting this variance. He also pointed out that it was brought to the board's attention that the houses on the other side are virtually built on the water. He stated that this home will be facing a wall. He felt it would be an enhancement to the neighborhood. He would like to see that street built up and all the lots sodded and green. Dave Showalter, 3705 Diane Drive, shared Mr. Moeller's concerns. He advised that the people on Diane Drive requested the barrier wall because the Department of Transportation's solution to the problem with the undergrowth there was to tear it all out. He stated that the residents have a collapsing chain link - 6 - 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: Mav 19. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public HearinG Notice for Case #205 (meetinG June 19. 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners wi thin 400 feet of property. applicant and Director of PlanninG and ZoninG. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1 ) - ~~'Q~~ (Departme~Hea~) !Y/23/7S- / (D&te) ( 2 ) (City Attorney) (Date) ( 3 ) (City Hanager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:Culjok.Lgl/DO. 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 # 205 Owner: Ante Culjak Requested Variance: Request relief from Section 5. B. 2. a. of Chapter 2 of the City's Land Development Regulations to reduce the required rear yard setback from 25 feet to 15 feet in connection with the construction of a new single-family residence. Location: West side of Diane Drive, approximately 1,360 feet south of Mission Hill Road Legal Description: Lot 6, Block 1 Lake View Haven according to the plat recorded in Plat Book 32, Pages 53- 54, recorded in the public records of Palm Beach County, Florida; said land situate, lying, and being in Palm Beach County, Florida. Use: Single-family residence A PUBLIC HEARING before relative to the above Chambers, 100 E. boynton on Monday, June 19, 1995 the Beard of Adjustment will be held application at City Hall, Commission Beach Boulevard, Boynton Beach, Florida, at 7:00 P.l'1. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. 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 (407) 375-6062 PUBLISH: o:Culjok.lql/boo