APPLICATION
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Please print (in ink) or type
of dates for Board meetings and submittal
go~ (.~.)~ * !j.()S
Submittal date: S'-lZ.9S
Submittal Deadline: See scehdule
dates
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):
Property involved is described as follows: LotoQ ~
Block I; 0If-~ , Subdivision L.At::J; \}/~!_ JJ~tle:iJ ,
Plat Book !.2. .' Page S'l'" 5"4 or otherwise des~ follows:
Ft:lJ 1:1 O~-Lf?'-~4)1...0~--07.~oOI-(Xj~O ------- m~.
Property 'Address to. ~\\b~ o€' "\::>ilf\.~ \:)0 s.., of Wl.sSo..oo nlll RJ) .
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 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, 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;
.......
.:5
Page 2 of 3
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.
6. 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.
7. Name and address of owner:
8. Name of applicant:
,
Applicant's address:
Applicant's phone #:
Date:",- ~-2 7-9S- Signature of Applicant:
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To be completed by the Building Official or Representative
1. Property is presently zoned: f?:J-AAB Formerly zoned: j::-j-A4/1'7'{
2. Property Control Number: OB-~3-lfG7 -Of; -07-- DOl - DO~D
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
S-U:110'J ~; B.;('(t- ./ etJAf~p..:A cfT1Jt;C j LM~uJ)f:.J.:;l~c> 6t1U:.r;.:~,r.
4.
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Nature of exception or variance required: ~tt\)(~ IN: jC.cA.P... ~6reJk~
fr....o""" d S" ~t:l rJ 15 rcf::-i IN '~.NAJucn'-i),V (,I,JlltJ ~JlJ::>TRvc..noN tJr 1+ 1Vt.1A>
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Date:
IJ /1.
Permit denied:
Building Department
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5.
Case Number:
Meeting Date:
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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.
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APPLICAT.WP5
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Page 3 of' 3
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FHX 305-~26-4425
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DElRAV TITLE A....D A8STRACT COMPANY
7a N.e. IJ'rH AVENUE, SUITE 108
OI!l.RAV BEACH. FlORIDA 334a3
ProP8l1y ApptaIe4n Parce/ldentlflcatlon (FoliO) Numbers:
08-a"-GH7-o01-G080 '
JAN-260ij95 ,j~t, ~;S1fl~::I740
I _.. .11 __
Con 21JJOCIl.OO Doc' 182.00
___~_",~_8PACE AllOY! TI-1I& U"lt FOR ~8OQ.01,f<<-1f.. UTI KfN,Cf.fRK .m..tOUNTY, FL
Grantee ss I:
THIS WARRANTY DEED, made the 24th day of JtlInuary. A.D. 1995 by FRANK CANNETO, A
MAAAIED MAN h..-.ln called tne grantor. to ANTE CULJAK, A SINGLE MAN whose PO&I office addl8Sli ib:
1288E 14TH TERRACE; DEERFIELD BEACH, Fl 33041, hereinafter called the Grantee:
(WIiili...ir~i" .....a.. ,II, ','me -gr'1l10t" &rid "grl"'oo' '~<;;ud' III the pI"'.' fa till, I."f"menl i1nd Iho h.Ir&, I",,~ ,........'.ll... ...d ''';11''.
01 1.llllv14u.... _lief tlHl '''_''0'' Ind ...11.1 01 <;orporallono)
WIT N E SSE T H: That the grantor, for and In consideration of the svm of TEN AND 00/100'5 ($'0,00)
Oolllrs al'\O _... valuable consIderations, receipt whereat Is hereby ackno.....ledged. hereby Qfant9. bergalns. sm. aHeM&.
rem_, ,..ltaees, con\leyS and confirms unto the grantee ell that certain land situate In PAlM BEACH Coonty, State of
FlOrida. vII:
Lot I, Block 1, LAKE VIEW HAVEN, according to the Plat thereof recorded In Plat
Book 32, page. 53 and 54 of the Public Records of Palm Betllch County, Florida..
The Grantor(s) further warrant that the property descrfbed in this instrument
1$ not the homestead of the grantor who maintains his homestead at: 8655 NW
34th~CoUrt. Cor~' Springs, Fl 33065.
TOQETHER, with alJ the ten8n'*lIs, heredllAments and appvrtenatlCes Ih8f'810 belOnging or in anywise appetta;'ltlg.
TO HAVE AND TO HOLD, the &ame In fee simple forever.
AND, the orantor hereby covenants with said grantee that the grantor Is/are lawfully seized of Mid lend WI fee s~ thaI
the _ntofhe, good t1ght and Iawfyl authOrity to sell and convey said land, and hereby warrants the title to saId land
and wUI defMd tne ..me agalnlt the lawful claIms of all persons .....homso.v.r; and that said land Is free of aU
etlovmbrane... .er:u taxee ICClUlrlg lJubsequenl to December 3t. 1994.
I" WrrNESs WHEREOF, the SlIld grantor has signed and sealed these presents the day 8J'Id yur first &bOV8
wrIttIl\.
SlQNd. ptJed atJd d8IMnd In the presence of:
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mNK ~,ANNETO
B655 NW iiTH CT., CORAl SPRINGS. Fl 33065
Prlnled el,natu.,
"-A'RI OF A.ORIDA
COUNTY OF.PALM BEACH
Tn..tq~Ok'lQ Instrument wa.s-ACllnowledged befOre~)hjS 24 h 1a'l. of Jlnuary. 1995 b)' FRAN.K CANNETO
who JiIR'1*SOM" known to me or has produced) [I: .. IdentlflOlUlon ((jld
not) take." oath.
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SEAL
o,p..'A'V Po~ O'fI:C~::~' ;:~'r:llI~ ~2.....
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; ,. COM"'SS'ON 'fllMU"
..,. . ~ CC225830
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F f\. ~'if.L 1'1996
Printed Notary Signal\lre
My CommissiOn Expires:
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LAKE VIEW HA VEN
Lot 6, Block 1
REQUEST FOR ZONING VARIANCE TO REAR SETBACK
Justification of Application
\ 6
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A. 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 subject lot is one of only three that remain along the west
side of Diane Drive adjacent to the Interstate 95 right of way.
As a direct result of rapidly increasing traffic volumes a Ion g
the Interstate as well as discussions of additional travel lanes,
new residents have become very reluctant to build on these lots.
The presently under construction sound barrier walls along the
right of way will improve this situation for single story homes.
The applicant recognizes that anything greater than one story
will be difficult to sell given the completed height of the wall.
He therefore desires to build one story only but with a larger
home footprint of some 70' in depth. - This larger home will be
compatible with adjacent existing homes and be an asset to the
neighborhood. This point is very important inasmuch as a typical
solution to the use of less than ideal lots is to price the home
well below the neighborhood as an incentive for prospective
buyers. As a result the rear setback (adjacent to the Interstate)
would be IS' rather than the 25' as called for under the R-1-AAB
Zoning. It is significant to note than only an 18' wide portion of
the rear of the home will require the variance. The rem a i n in g
rear living area will exceed 25' of setback.
B. Special conditions and circumstances do not result from the actions of
the applicant.
While the applicant was certainly not forced to purchase this lot
it is indeed admirable that he has been willing to do so. The
home proposed will be a large single story home of some 2500
square feet. The applicant had nothing to do with the increased
traffic along the Interstate but is willing to construct a home
complementary to the neighborhood in price and size but only one
story. He has chosen a floor plan that places elements of the
home on two sides of the rear outdoor living space in an attempt
to partially enclose the area.
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(1)
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C. 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.
The applicant proposes
28.7% of the total lot,
coverage allowed by the
privilege will be granted
to construct a home
a figure well below
Zoning District. As
the applicant.
that covers
the maximum
a result, no
some
35%
special
D. 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 an
unnecessary and undue hardship on the applicant.
The issue
create a
lot. This
midst of
the City
construction
applicant,
carefully in
construct on
is a smaller
here is less of setbacks but more of the ability to
reasonable and compatible use for this presently vacant
lot has remained vacant for some time even in the
. almost unprecendented residential growth throughout
and County. The 25' rear yard setback, given the
of the sound barrier wall, creates a hardship to the
who has assessed the real estate market very
the selection of the particular home he desires to
this lot.. A two story home is out of the question as
home that offers less value to the consumer.
E. The variance granted is the mzmmum variance that will make possible
the reasonable use of the land, building or structure:
As shown on the attached plot plan, the setbacks
those minimums necessary to accomodate the
story living unit on this lot.
delineated are
particular single
F. 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.
The owner has met with adjacent neighbors to explain his
particular request and has found no objections inasmuch as the
only variance requested is to rear setbacks adjacent to the
Interstate 95 right of way. As previously stated, the maximum
site coverage allowed for this home is more than 20% greater
than the coverage requested.
JULIAN BRYAN & ASSOCIATES
May 10, 1995
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(2)
ID