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LEGAL APPROVAL 100 'E. 'Boynton 'BUJdi. 'Boukvarti P.O, 'Boi(310 'Boynton. 'Beadi., ~ 33425-0310 City:Hail: (4Q7) 375-6000 1".fU: (407) 375-6090 June 20, 1995 Katherine Harp 545 N.W. 10th Avenue Boynton Beach, Florida 33435 Re: Board of Adjustment Case #207 Variance: Request for relief from Section 5.F.2.a of Chapter 2 Zoning of the city's Land Development Regualations to reduce the side setback of a non- conforming lot from 9.0 feet to 6.1 feet in connection with constructing an addition to an existing single-family residence. Dear Mrs. Harp: Your request for the variance regarding the above-referenced case was approved by the Board of Adjustment at their June 19, 1995 meeting. If I can be of further assistance, please contact me. sincerely, J~ '9.. d. dL~ Tambri J. H~den ~ planning and Zoning Director TJH:dim cc: Building Division central File a:AprvLtr.Har/30A 5tnumas (jateway to tfu (juifstream _..~--_."_.~_.-"------~._---~-~_.._- MINUTES - BOARD OF ~~~STMENT MEETING BOYNTON BEACH. FLORIDA JUNE 19. 1995 fence behind their homes and that this fence will not stop an 18 wheeler or slow down a hurricane. He stated that since the undergrowth has been taken out, his pool is not usable because of the sound decible level. He would be very pleased to look out the back of his home and see a wall. He encouraged growth. He welcomed neighbors. He stated that the empty lot has been a burden on the City, who had repeatedly contacted the former land owner about maintaining that lot. Mr. Showalter looked forward to someone wanting to build a larger home there to enhance property values and increase the tax base in the City. He said we need to encourage growth if this community is going to prosper and grow. No one else wished to speak in favor of or against granting this variance. Mr. Bryan referred to the homes on the west side of Diane Drive having less than the allowed setback. Six of them vary anywhere from 12 to 20 feet from the seawall, which is substantially less in many cases. Motion Ms. Houston moved to grant the request for a variance in Case No. 206 as stated by the applicant. Ms. Hammer seconded the motion. A roll call vote was polled by the recording secretary as follows: Patti Hammer Raychel Houston James Miriana Vernon Thompson Arthur Berman - Aye - Aye - Nay - Nay - Aye The vote was 3-2 and the variance was denied. Vice Chainman Miriana felt there is sufficient buildable area for a home. Chairman Thompson felt there was no hardship and there is ample space to build a home. At this time, Chairman Thompson declared a recess at 8:05 p.m. The meeting resumed at 8:14 p.m. 545 N.W. 10th Avenue Katherine Harp Relief from Section 5.F.2.a. of Chapter 2 of the City's Land Development Regulations to reduce the side setback of a non-conforming lot from 9.0 feet to 6.1 feet in connection with constructing an addition to an existing single-family residence. Ms. Houston read portions of the application, including the applicant's reasons for requesting the variance. C. Case No. 207 Location: Property Owner: Request: - 7 - MINUTES - BOARD OF ~JUSTMENT MEETING BOYNTON BEACH. FLORIDA JUNE 19. 1995 Katherine Harp was present. Her son, Dave Harp, explained that the reason for this variance is so that his mother, who is disabled, can have more space to move around the house better. In response to Chainman Thompson, Mr. Haag stated that there was a side setback of six feet when this building was constructed. The setbacks changed in 1975 to the present setback of 10 feet. No one else wished to speak in favor of or against granting this variance. Motion Vice Chainman Miriana moved to grant a variance. Mr. Senman seconded the motion. A roll call vote was polled by the recording secretary as follows: Patti Hanmer Raychel Houston James Miriana Vernon Thompson Arthur Senman - Aye - Aye - Aye - Aye - Aye The motion carri ed unanimously and the, variance was granted. 7. OTHER BUSINESS None. 8. COII4ENTS BY MEMBERS None. 9. ADJOURNMENT There being no further business to come before the board, Vice Chainman Miiriana moved to adjourn the meeting at 8:24 p.m. Ms. Hammer seconded the motion which carried unanimously. LL-r~ Eve Eubanks Recording Secretary (One Tape) - 8 - 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 22, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public HearinG Notice for Case # 207 (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 vii thin 400 feet of property. applicant and Director of PlanninG and ZoninG. NEWSPAPER(S) TO PUBLISH: To be determined bv City Clerk DATE(S) T8 BE PUBLISHED: To be determined by City Clerk APPROVED BY: ;:- / .~ ~7 I ( 1 ) ,---/htAYt<- . ~ ;( /!a~ (Department Had) , P 3/~'> ~ (Date') ( 2 ) (City Attorney) (Date) ( 3 ) (City Hanager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:Le~B1Notlce.BCA 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 # 207 Owner: Katherine Harp Requested Variance: Request relief from Section 5,F,2.a, of Chapter 2 of the City's Land Development Regulations to reduce the side setback of a non-conforming lot from 9.0 feet to 6,1 feet in connection with constructing an addition to an existing Single-family residence. Location: 545 N.W, 10th Avenue Legal Description: Lot 250, Page 58, and 261, Cherry Hill, Plat Book 4, Palm Beach County, Florida Use: Existing Single-family residence A PUBLIC HEARING before relative to the above Chambers, 100 E. Boyntcn on Monday, June 19, 1995 the Board of application at Beach Boulevard, at 7:00 P.H. J\.djustment will be held City Hall, Commission Boynton Beach, Florida, All interested parties are notified to appear at said hearing jn 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: a:Legalnotlce.Harp/boa