APPLICATION
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS VARIANCE APPLICATION
Submittal Deadline: See schedule of dates for Board meetings and submittal
dates
Please print (in ink) or type Submittal date: J IA Qg- 199 (:,
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(s) 00
, ~
Block 51 4- , Subdivision A_ j(. A. - O'"Rc-.J{AR D LA,\J D INb
Plat Book ~, Page l~-~ or otherwise described as follows:
Property Address S'. F tEbe r'L:..J(_ g,~1, I '->0.'"'1 16 ~ .
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 proper~y 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 multiple 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 aqent is submittinq the petition, a
notarized coPY of a letter desiqnating 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 orint or type) :
A.
That special conditions and
to the land, structure or
appl icable to other lands,
zoning district;
circumstances exist which are peculiar
building involved and which are not
structures or buildings in the same
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.
Name and address of owner: -P~/LL'~
7.
L . 7> JQ.~J>7 -r;. / lo.vye, 1\( co'.' 1)r l-
f
~
8. Name of applicant: 7> / R M ON D ~At":1-I ?Yb.a.>-:;t;-;.. '"' /tJf..:.. .
H.4,x "'2E-~ ~ LA"I./6 - ~ €"5 -" .
APp~icant's address: t:" d~ ~.z~VD. 1-~c>~itJ1/b~
Appll.cant's phone #:,-5L-- q.~ -_/7 _~
Date: 7h.,,/Cf6 Signature of APP1~ .-"
/ I /-'--- J-I/.J v:? '1 LA jJ6' - ~/l.Q/
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To be completed by the Building Official or Representative
1.
Property is presently zoned:
Formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
4. Nature of exception or variance required:
Permit denied:
Building Department
Meeting Date:
Date:
5.
Case Number:
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To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
Page 3 of 3
C E R T I FIe A T 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.
.-----
---.. j
LAJVG. _7~----
~I:J 1I1I1I1I1I1I1I1I1I1I1I1I11I1111I111/lNIIIIIIIII"I'
l ~..~y p(;/I. J. BRIAN McCANN ' ,
I ~WJ~ Notary Public. State of Florida : :
: '" ~ Commission No. CC 461828 "
~ '" '
: :1'", OF f\.<)<<' My Commission Expires 05/09/99 .:
: J-llOO-3-NOTAJlY - fla. N.,wy Sorvj", &. Boudinll Co. : :
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APPLICAT.WPS
Page 3 of 3
111~'filla"_
PARTIES: tawrence T Drum & Philip L Patenaude Trs. (~),
of PO Box 2011 De1ray Beach F1 33447-2011 (Phonel
and Diamond Beach Properties Inc. ('Buve"),
of 401 NE Mizner Blvd. T-605 Boca Ration Fl. 33432 (Phone) 407-738-6208
hereby agr... thai Saller shall sell and Buyer shall buy the following Real Property and Personal Property (collectively 'Property' I upon the following terms and conditions, which
INCLUDE Standards for Real Estate Transaclions ('Standard(s)') on the rever.. side or anached hereto and riders and addenda to this Contracl for Sale and Purchase (~).
I, DESCRIPTION:
(8) legal description of Real Property located In
Folio 08-4345-33-00-000-5140
Palm Beach
County, Florida:
2404 S Federal Way, BOynton Beach Fl. 33435
(b) Street address, city, zip, of Ihe Property Is:
(c) Personal Property: Vacan t Land
II.
PURCHASE PRICE. .
PAYMENT:
(alDepoa~heldlnesc:rcWby Sun,Title & Abstract upon acceptance intheamountof.
(b) Addlllonalesc;ow depos~ within 60 days after Effec:tNe Date (llS defined In Paragraph III) in the amount of. . . . . . . . .
(c) Subjec:tlo AND assumption of mortgage in good standing In favor 01
having an approximate present principal balance of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Purchase money mortgage and (..... addendum) in amounl of . . . . . . . . . . . .. ......... . . . . . . . . .
(e)OIher:18 Month Balloon-81t-lnt Only-No Prepaid Penalty. See addendum
(l) Balance to close by U.S. cash, lOCAllY DRAWN certified or eashle~s check or third-party loan. subject to adjustments and prorations. . . .
. . . . . . . $
300,000.00
$
$
10,000.00
40,000.00
$
$
$
$
200,000.00
50,000.00
III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not e.ecuted by and delivered 10 all parties OR FACT OF EXECUTION communIcated
in writing between the parties on or before A pr i 1 24 1 996 . the deposil!s) will, el Buye~s oplion, be returned to Buyer and this offer withdrawn. The date of Contract ('Effeclive Date' ) will be
Ihe date when thelesl one oIthe Buyer and Seller has signed this offer. A facsimile copy or this Contract and any signatures hereon shall be considered for all purposes as originals.
IV. FINANCING:
(a) If the purchase price or any part of It Is 10 be financed by a Ihlrd-party loan, this Contract is conditioned on the Buyer obtaining a wrinen commllment wilhln !iL11- days after Effective Date
tor (CHIiCK ONLY ONE): 0 a fixed, 0 an adjustable; or 0 a bed!r adjuslable rale loan for the principal amounl of $ , at an initial interest ral' nollo exceed
N L A %, discounl and origination fees not to el<<:aed N _ A % of the principal amount, and a term of ~ years. Buyer will make application wilhln N A days after
Effective Date and use reasonable diligence to obtain Ihe loan commrtment and, Ihereafter. to sallsry the terms and condrtions of the commitment and close the loan. Buyer shall pay all loan
expanses. If Buyer fails to oblain the eommhment or falls 10 waive Buye~s rights under this subparagraph within Ihe lime ror obtaining Ihe commilment or, after diligent effort, falls to meel the
terms and conditions of the commllment, Ihen either patty thereafter, by wrlnen notice 10 Ihe other, may cancel this Contract and Buyer shall be refunded the deposll(s); or
(b) The exisling mortgage described in Paragraph lI(c) above has (CHECK ONLY ONE): 0 a variable int,resl rale; or 0 a fixed interest rate of N ~A % par annum. At lime of
title transfer some rlxed Interest rates are subject to Increase. If increased, the rate shall not exceed N I A % per annum. Saller shall, wilhln N Pi days aher Effective Date,
furnish a statement trom each mortgag... stating principal balance, method of peyment, Interest rate and status of mortgage. If Buyer has agreed 10 assume a mortgage which
requires approval of Buyer by Ihe mortgagee for assumption, then Buyer shall promplly obtain Ihe necessary application and diligenlly complete and return il to the mortgagee.
Any mortgagee cjlarge(s) not to exceed $ shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements ror assumption are not
in accordance with the terms of this Conlract or mortgagee makes a charge In excess of Ihe staled amount, Saller or Buyer may rescind this Contract by written nollce to the other
party unless either elects to pay the increase in Interest rale or excess mortgagee charges.
V. TITLE EVIDENCE: At le..t 5 days before closing date, but no earlier than 2- days after Seller receives wrlnen notificalion that Buyer has ob1alned the loan
commllment or been approved for Ihe loan assumption as provided In Paragraphs IVIa) or (b), above, or, It applicable, waived the financing requirements. (CHECK ONLY ONE): IXI Seller
shall, at Salle(s expense, deliver to Buyer or Buye~s alIomey; or 0 Buyer shall at Buye~s expense obtain; In accordance with Standard A, (CHECK ONLY ONE): 0 abslract of tille;
or IXItille insurance commhment (with legible copies of instruments listed.. exceptions' and, after closing, an owne~s polley of IllIe insurance.
VI. CLOSING DATE: this transaction shall be closed and the deed and olher closing papers detivered on >JULY 30,96 . unless elrtended by other provisions of this Contract.
VII. RESTRICTIONS; EASEMENTS; UMIT A TIONS: Buyer shall take lilla subiect 10: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements impoS6d
by governmental authority; restrictions and maffe.. eppearlng on the plat or otherwise common 10 Ihe subdivision; public utility easemenls of record (e..ements are 10 be located conliguous
to Real Property lines and not mora than 10 feel In width .. 10 Ihe rear or fronl lines and 7 112 reet in width as to Ihe side lines, unless otherwise stated herein); t...es for year of closing
and subsequent years; assumed mortgages and purchase money mortgages, II any; (II other maners-hsee Paras!~p'h XVI; provided, that there exists at closing no violation of Ihe foregoing
and none of Ihem prevenls use of Ihe Property for ~ESlD1:;NTlAL . purpose(s).
VIII. OCCUPANCY: Saller warrants that there are no parties in occupancy other than Saller; but, if Property Is intended 10 be rented or occupied beyond closing, that fact and terms
thereof shall be stated herein and the tenant(s) or occupenls disclosed pursuant to Standard F. Saller shall deliver occupancy of Property at lime of closing unless otherwise staled herein.
It occupancy Is to be delivered belore closing, Buyer assumes all risk of loss to Property from date 01 occupancy, shall be responsible and liable for maintenance from that date, and shall
be deemed 10 have accepted Property In Its existing eond~lon as 01 time of taking occupancy unless otherwise stated herein.
IX. lYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrmen or handwrillen provisions, riders and addenda shall control all printed provisions ofthisContraclin conflict with Ihem.
X. RIDERS: (CHECK those riders which are applicable AND are anached 10 this Contracl):
(a) 0 COASTAL CONSTRUCTION CONTROL UNE RIDER
(b) 0 CONDOMINIUM RIDER ____-
(c) 0 FHANA RIDER -
(d) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
XI. ASSIGNABILllY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this
under this Contracl; or IXI may nol assign this Conlract.
XII. TIME: Time Is of Ihe essence of Ihls Contract.
XIII. DISCLOSURES: Buyer (CHECK ONLY ONE) IXI aclCnOWledges; or 0 does ~~g.'-'-~eiPt of the ~genCY/Radon/Compensation, the Real Property Sales Expense
Disclosure Warning, and, If applicable, the Mandatory Homeowners' Associallon disclosures. ~ BUYER S INITIALS
XIV. MAXIMUM REPAIR COSTS: Saller shall not be responsible for the peymenl 01 costs In excess of:
(a) $ for treatment and repair undar Standard 0 (If blank, the 2% of Ihe Purchase Price).
(b) $ torrepair and replacemenl under StandardN (if blank, Ihen 3% ofthe Purchase Price).
XV. SPECIAL CLAUSES: II additional space Is required, atlach addendum and CHECK HERE !Xl
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
___ THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAlTORS. AND THE FLORIDA BAR.
....., -. Approval d~OI consthute an option that any oIlh.lerms and eondnlons In this Conlract should be aee~pled by Iha pallles i~ a particular Iransaction.
. -, Term n~~~ be negotiated based upon lhe respeclive interest, ~s a~d ~rg~of alllntis~rsons~
( _ l' / ,^Itltiu{){,tltif-:/t t,ClCP. /1 'J
~ ~ I ~
Social Se<:url1y or Tax 1.0. #
593-57-9970
(Buyer)
(Oate)
Social Se<:urlty or Tax 1.0. #
~V~~
(Saller)
c;f8(9b
(Dale)
Social Sec:urity or T... 1.0. #
Social Sa<:urlty or Tax 1.0. #
~-..""J -rrn...l: f
H'.....~~- "'--1~
Deposll under Paragraph lI(a) received; IF OTHER THAN CASH, THEN SUBJECT TO ClEARANCE.
BROKER'S FEE: Th. brokers named below, Including tlstlng and cooperating brokers, are the only brokers enlrtled to compensallon In connection wlIh this Contract:
A8~~I'J<--r
,f Pa.L.. B<!__R
(Escrow Agent)
Name Hudson Realty of Palm Beach
U.tlng Broker
Mark V Properties
Cooperating Brokers, If any
fARIBAR-3 Aevlaed 71&4 RIDeRS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATlON OF REALTORS. OR THE FLORIDA BAR.