APPLICATION
CITY OF BOYNTON BEACH
"
BOARD OF ADJUSTMENT APPLICATION
Please print (in ink) or type
dates for Board meetings and submittal
c;.-".. ,
f' O,'J:. 1:1 v,j lP
Submi ttal date: ... v S/iJ! 9S-
Submittal Deadline: See scehdule of
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: Lot()() 17
Block , , Subdivision (,fj/{E V tl:hJ J.JAtJ/:'J. )
Plat Book ~ , Page 5"3~ 5'4- or otherwise described as follows:
Property Address
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;
3
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: AJJre; CtJD.J AK.
8. Name of applicant: A~ CuL..JAK...
Applicant's address: g m
Applicant's phone #: ~-
Date:-"""'" if - 27-1 S- Signature of Applicant:
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To be completed by the Building Official or Representative
1. Property is presently zoned: R-I- AA 3 Formerly zoned: R ~J-4A J 9iJ4
2. Property Control Number: 08 -/:13 - if{p- DS ... 67 - DOl - 0170
3. Denial was made upon existing zoning -EH" ~ requirements ( list
sections[s] of Code from which relief is required):
S'E;l~I(:>' 5 f"',.;". (~ l)F CHAPiE:P..:,. f!... ,:,>~ TlJt:. \'1< S lAND ~,,~.prt'~N- -R~d
4. Nature of exception or variance required: Rt6fj;J~'.,:;2 TtJi.:. /2f=fltf<.. :;:~r B4q(
\=~""- 2.5' ~t-r to is r:'.:';;;LS:r It-.( Cz,r.)tJ"-'-IIOfJ (,c) .rt* (o.)..\\Rv~nel't rf- A N€::L0
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Permit denied: A)JA
Building Department
Date:
5.
Case Number:
20(0
Meeting Date:
4-
(p / 11/ r) s-
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.
APPL
APPLICAT.WP5
loA (~.E -#J-() (>
Page 3 of 3
APR-25-95 rUE 14:58
1"-' ~p' L & KARL I K
FAX NO. --"')7"""'12552
P, 02
.
.
MAR-02-1995 4: 17F'm 95 --065535
ORB 8641 p~ 1 507
I ...'1'_111"8'-
Con 22,000.00 00' 154.QO
RET]N TO & PREPAREO BY:
MS. Diana L. Karlik
Attorney at Law
Camp~ell and Karlik, P.A.
3450 Northlake BoulAvard
Suite 200
Palm Beach Gardens, FL 33403
l:ll\RRANTY "BED
THIS INDENTURE, made this 27th
day ot Fe.bruary,
199~, cetween ANTONIO VALENCIA and ANA R. VALENCIA, his wire, of
the County of Palm Seach, State of F'lorida, Grantors; and
ANTE CULJAK, a sir.gle pe.rson, whose social security number is
081-40-4444, and whose post office address is 928 SE 14th
Terrac~, Oeerfield Beaoh, Flori~a 33441, Grantee;
WIT N E SSE T H
That said Grantors, for and in considQration of the sum
of TGn and no/100 ($10.00) DQllars, and other good and valuable
~onsideration to eaid Grantors in hand paid by said Grantee, the
rec$1pt whereof is hereby acknowl~d~ed, have grant~d, Qa.rgAined
and ~old heirs and assi~ns forever, the !ollowinq ctescribed
land, eituate, lying and being in Palm Beach County, Florida,
to-wit~
Lot 11, Slock 1, LAKE VI~W BAVEN, according
to the Plat thereof recorded in Plat Book
321 Pages 53 and 54 of the Public Records
of Palm Beach County, Florida.
SUBJECT TO any and all restrictions,
reservations and easement~ of reoord, applicable
zo~ing law3 and taxes for the year 1995 and
su~sequent yaars.
Property Appraiserls ~arc~l Identification
Number: OS A3 4~ O~ 01 001 012D
and said Grantors do hareby fully warrant the title to ~~id
land, and will defend the same against the lawful claims of all
persons whomsoever.
IN WI1'NESS WHEREOF, Grant"rs have here1Jnto set
f] M c"s~ -# JD (...
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APR-25-85 rUE 14:58
'1P. .L & KARL I K
FAX NO. J7 2552
P.03
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.
-- ORa' ~'64'1.-P~ 1508 .. ,..
DOROTHY H. WILKEN, CLER}\ PB COUNTY I FL
Grantors' hands an~ seals the day and year first above written.
aled and delivered
SGnce ot:
~=:
ANTONIO VALENCIA
(SEAL)
a.<-~k~-- ' (SEAL)
ANA R. "VALENCIA
c
1/J
19nat~re of nass
Print Name: ])'onfl L )::Pf-l 'L
STATE OF FLORIDA
COUNTY OF P~LM BEACH
I HEREBY CERTIFY that on this day befO~~ me, an officar
duly qualified to take acknowl~d9rnents, personally appea~~d
ANTONIO VALENCJ:A and ANA R. VALENCIA, to me. known to be. the
persons described in and who executed the foregoing instrument or
who have produced (per!'2-~a~l~ know~ to me)
, as
identification, and acknowledged before me that th~y executed the
same. ThGY did not take an oath.
WITNESS my hand and seal in the County and state last
27th day of February, 199~.
/~/Jj
,rP':. ~~, :"
Nottlry
JULIA S. BALBONI
..- . ~
'...
state of Florida at Lar~e.
My Commission Expirast
JULIA S. BALBONI
Notary Public, St.1. of Florid"
My Commluion Expire!/. Nov, " 1991
CQlwn!sslon No,CO 329011
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LAKE VIEW HA VEN
Lot 17, Block 1 :J
REQUEST FOR ZONING V ARIANCE TO REAR SETBACK
Justification of Application
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 adja.cent 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-I-AAB
Zoning. It is significan t to note than only an 18' wide portion of
the rear of the home will require the variance. The remaining
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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