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LEGAL APPROVAL MINUTES - BOARD OF ADJUSTMENT 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: 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 City1s 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. Property Owner: Request: 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 affirmatively. 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. Chairman 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 board1s 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 board1s 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. Moeller1s 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 - 100 'E. tJJoynton 'Beadr. tJJoukvard P.O. tJJo~310 tJJoynton tJJeadi, !Fforitfa 33425-0310 City 9IiJfl: (407) 375-6000 !F.5U: (407) 375-6090 June 20, 199:, Mr. Ante Culnak 928 W.E. 14th Terrace Deerfield 3each, FL 33041 R~' Bo~rd of AdJustment Case ~206 Wes~ Side of DIane Dr~ve Dea::- !.ir. Culnak: Please be advlsed that your request (Board of Adj~stment Case =206; for a variance to reduce the required rear yard setback from 25 to 15 feet in connection with the proposed construct:.on of a nevi single-famlly resldence at t~e West Side of Diane Drlve was deni2d by the Board of AdJustment at their June 19, 1995 meet:.ng. If I can be of further asslstance, p:ease contact me. Very truly yours: ~t/J/F~ 1t:'P-<-. am :-:. J. Heyden ~Pla,nlng and ZOnltlg Director ~ '.... TJH:dlm , xc: Central File ~ : :if:~: .l::Jo i!I . 2.::;.:. ~merU;a's (jateway to tfU (jutfstream - 7 - 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 Zoninq Department PREPARED BY: Michael E. HaaG DATE PREPARED: May 19. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearinq Notice for Case #206 (meetinG June 19. 1995) SFECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Si2E, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property Owners within 400 feet of property. applicant and Director of Planninq and ZoninG. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATErS) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1 ) /~- -dtLnd<~' 0 t!'fI,l_L.~ (Department ~a) ( 5/.23/9>- (Date') ( 2 ) (City Attorney) (Date) ( 3 ) (City Hanager) (Date) RECEIVED BY CITY CLERK: COHPLETED: A.:Culjait,Lgl/Do. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the fOllowing application has been made to thE: BOARD OF ADJUSTHElJT of the CITY OF' BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and purSu3ut to the provisions of the zoning code of said City: Case .t; 206 O\<1ne r : Ante Culjak Requested Val"iance: Request relief from Section 5.B.2,a. of Chapter 2 of the City's Land Development Regulations to reduce the required rear yard setbacJ~ from 25 feet to 15 feet in connection with the construction of a new Single-family residence, Location: Hest side of Diane Drive, approximately 360 feet south of Mission Hill Road Legal Descriptlon: Lot 17, Block 1, Lake View Haven, according to the plat thereof recorded in Plat Book 32 at pages 53 and 54 of the Public Records of Palm Beach County, Florida Use: Single-family residence A PUBLIC HEARING before relative to ~he above Chambers, 100 E, boynton ()1l HondclY, JUl!E' 19, 1995 the Board of Adjustment \"1ill be held application at City Hall, Commission Beach Boulevard, Boynton Beach, Florida, at 7:00 P.l-!, 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 da~e. Any person who decides to appeal any decision of the Board of Adjustment \lIjith 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: ':Culj.k.l~l/bo.