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APPLICATION CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION OWNER DESIGNATION Date Submitted: September 16, 1996 Applicant Name: Milord Development Corporation, Jerome F. Milord 3600 S. Congress Avenue, Suite I, Boynton Beach, FL 33426 Phone: 561-738-1773 Fax: 561-738-5729 Site Address: 3300 South Seacrest Blvd., Boynton Beach, FL 33435 Legal Description: The Northwest Quarter (NW IA ), of the Southwest Quarter (SW IA ), of the Northwest Quarter (NWIA), of Section 4, Township 46 South, Range 43 East; Together with the East half, (E1h), of the Northeast Quarter (NE IA), of the Southeast Quarter (SEIA), of the Northeast Quarter (NEIA), of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida less that parcel described in Official Record Boo 3494, Page 148, Palm Beach County Public Records also less the East 40 feet of the said NW IA of the SW IA of the NW IA of Section 4, Township 46 South, Range 43 East. Project Description: To furnish and install a property line fence alon~ Seacrest Boulevard from the north property line to the south property line ?fJ41 (l;4LP~ Signature of OWNER ::f ~~ OWNER has hereby designated e above signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) THE MILORD COMPANY CONTRACTORS / ENGINEERS 9BOl SOUTH INDUSTRIAL DRIVE BRJDGEVIEW, ILLINOIS 60455 ~ .201998 rn fl,MNIMG AND NI OEPT. TELEPHONE:598-7900 AREA CODE 70B FAX 598-7991 STATEMENT OF SPECIAL CONDITIONS The following are the reasons we would like to construct a barrier that exceeds the 4' -0" high fence allowed in this residential district: A. The St. Joseph's Episcopal Church/School property has been granted an approved Conditional Use Permit in the R-1-AAB residential district. The fact that it is a large church/school property with approximately 688 feet of Seacrest frontage distinguishes it from the normal single-family residential district. B. The normal requirements of fencing in this district (4' -0" at property line) are normal when applied to smaller parcels of land and for residential usage, but architecturally they would limit the desired appearance that we are trying to conceive. The request for Special Condition is made by the applicant in order that a more pleasing screen can be constructed. C. If the variance is granted, it should not indicate that any special privilege was given to St. Joseph's because of the reasons listed in this statement. St. Joseph's is not a residential development and has had to appear before many of the City's boards for approvals on all the current construction which has been done. D. The provisions of the code do not deprive the applicant of rights commonly enjoyed by the other properties in the district. Without granting a variance, it will prevent the applicant from constructing a screen which is higher than the 4'-0" allowed. E. The Owners of St. Joseph's want to construct this screen for a number of reasons: 1. To prevent unauthorized people and vehicles from using the site after normal school hours. Cars and trucks are now driving over walks to gain access to play fields. 2. To assist the staff during play and gym classes. It would help contain the students on site and prevent them from running out onto Seacrest for an errant ball, etc. 3. This screen is comprised of stucco piers at 15'-0" to 30'-0" centers with 6'-0" metal pickets. No portion of the fence is closer than 15'-0" from the property line. The stucco piers are taller than the pickets for aesthetic reasons only. If the Statement of Special Conditions Page 2 variance is not granted and the fence must not exceed the 4' -0" allowed in the 25'- 0" front yard, the pickets would then be approximately 3'-0" high and would be an invitation to climb over. The use of the property will be unchanged if the variance is denied, but approval should in no way affect the zoning when applied to residential uses. F. The granting of this variance will be in harmony with the intent of this chapter and will not be detrimental to the public welfare. St. Joseph's has improved its appearance from both Swinton and Seacrest during the past few years and hopefully you will agree that this project will be in keeping on what has been done to date. As one drives from the north to the south down Seacrest, you will see a number of fences which are higher than 4' -0". They are most likely not in a residential district (Bethesda Hospital), but the fence is at the edge of the sidewalk. We are proposing a 6'-0" high metal railing fence, 6'-4" to the top and stucco piers at +25'-0" apart that are 7'-4%" above grade. No portion of this screen or fence is closer than 15'-0" to the property line and approximately 25'-0" from the west edge of the walk. Most of the fence south of the driveway is beyond the 25' -0" setback line, as are the entrance piers on each side of the driveway. The fence and piers are on a site frontage of approximately 686 feet and we feel the proposal scale of the piers and rails are in proportion to the land on which it would be constructed. CITY OF BOYNTON BEACH BOARD OF ZONJ:NG APPEALS VARJ:ANCE APPLJ:CATJ:ON Submittal Deadline: See schedule of dates for Board meetings and submittal dates flease print (in ink) or ~~~ Submittal date: August 7, 1996 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) see attached legal, Block see attached legal, Subdivision see attached legal description Plat Book 3494 , Page 148 or otherwise described as follows: Property Address 3300 S. Seacrest Blvd., Boynton Beach, FL 33435 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-hundred~h (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 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 desiqnatinq 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 tvoe) : 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; 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 $ 40 0 . 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. St. Joseph's Episcopal Church 7. Name and address of owner: 3300 S. Seacrest Blvd.. Boynton Beach. FL 33435 8. Name of applicant: Milord Development Corporation Date: August 7, 1996 Signature of Applicant: Applicant's address: 3600 S. Con ress Avenue, Ste Applicant's phone *: 561-738-1773 ----------------------------------------------- ---------------------- To be completed by the Building Official or Re~ 1. Property is presently zoned: ~\~~~ Formerly zoned: . N/A . 2. Property Control Number: oe~ 417 /46 - 04 - OO~ 000.'3050 3 . Denial was made upon existing zoning or sign requirements ( list sections[s] of Code from which relief is required): ~ftvv ~. r 1o~IA5 - 0~~\O Y1 4.-:3. I 4. Nature of exception or variance required: ~Mtu ~~ llf\ ~,.v,~ \ 0 $j'-A c} ~ ~w{ >~J ~. r Bj ~(; I -r.:, Jiow" r Vl01~6~ Jto~~ Af/ 0 ~ ~ to Date: ~ Permit denied: Building Department ~h 5. Case Number: 220 Meeting Date: Cbto~OAl .21'~b ----------------------------------------------------------------------- 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 F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE A'rI'ACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE . . APPLICAT.WP5 Page 3 of 3 ._-~_.~"._._,---_..-_. --.. ------- ~. -.----'---- CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION OWNER DESIGNATION Date Submitted: August 7,1996 Applicant Name: Milord Development Corporation, Jerome F. Milord 3600 S. Congress Avenue, Suite I, Boynton Beach, FL 33426 Phone: 561-738-1773 Fax: 561-738-5729 Site Address: 3300 South Seacrest Blvd., Boynton Beach, FL 33435 Legal Description: A portion of NE- IA of the SE- 1,4 of the NE- IA of Section 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and Moree particularly described as follows: COMMENCING at the southeast corner of said NE- IA of SE- IA of NE- IA, Section 5; thence run South 88 degrees 48 minutes 02 seconds West along the South line of said NE- IA of SE- IA of NE- IA, Section 5, 336.91 feet to a point on the easterly right of way line of Swinton Avenue; thence run North 0 degrees 01 minute 00 seconds East along said right of way line 69.18 feet to a point; thence run South 89 degrees 59 minutes 00 seconds East, 188.55 feet to a point of curve; thence run southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90 degrees 00 minutes 00 seconds and a radius of 56.00 feet; thence run 88 degrees, 48 minutes 02 seconds East, 92.31 feet to a point on the East line of said NE- IA, SE- IA, NE- IA, Section 5; thence run South 0 degrees 04 minutes 28 seconds West, 6.03 feet to the point of BEGINNING. Project Description: To furnish and install a property line fence alon2 Seacrest Boulevard from the north property line to the south property line ~1l/ ~ Signature of OWNER ! l/>J/.. /' () ~~ / '1'/ ( K-(~~ The OWNER has hereby designated Lthe above signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) (13) A F F I D A V I T STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) BEFORE ME THIS DAY PERSONALLY APPEARED Father Warren Michael Cassell , WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property within Four Hundred (400) feet of the below described parcel of land. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SAYETH NOT. ft/ht (Signature) Sworn to and subscribed before me this 7th day of ~t A.D., ft~ d. ~ No ar~ Public ~ State of Florida at Large 19 96 ~:'~~'C:'.:~:-"~"""~:=.r~ A. STUMP , . " i" ',DiON II CG 347738 . " ,. . rot:,'~nf 1() 1998 , , i;;\,,:',)r~ ~!Ilic UndeMl\tenl -.":.:-"......;.:-p~. My Commission Expires: February 10, 1998 PLANNING DEPARTMENT - APRIL 1991 A:CUse.app EXHIBIT A A portion of NE-l/4 of the SE-l/4 of the NE-l/4 of Section 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and more particularly described as follows: COMMENCING at the southeast comer of said NE-l/4 of SE-l/4 of NE-l/4, Section 5; thence run South 88 degrees 48 minutes 02 seconds West along the South line of said NE-l/4 of SE-l/4 of NE-l/4, Section 5, 336.91 feet to a point on the easterly right of way line of Swinton Avenue; thence run North 0 degrees 01 minute 00 seconds East along said right of way line 69.18 feet to a point; thence run South 89 degrees 59 minutes 00 seconds East, 188.55 feet to a point of curve; thence run southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90 degrees 00 minutes 00 seconds and a radius of 56.00 feet; thence run 88 degrees 48 minutes 02 seconds East, 92.31 feet to a point on the East line of said NE-l/4, SE-l/4, NE-l/4, Section 5; thence run South 0 degrees 04 minutes 28 seconds West, 6.03 feet to the point of BEGINNING. .. .- .. - /~ , - .... .. .,. - 11' ,_'5 ,.. .. \\&', . l-r, - .. t \ \ - ,..~ \ \<...., \]\ 1;1 ~T(.1 ~ AV t. ~ ~.::---:-- - \ ~/ -~ ,~c, L.,. C It "I P. - ,'" ': n ........ 'f . . ~ ~\\ 10" r"l ':. \ "'4 ... . I.... \ r- f.., (I) ~ ~ ". , to .. C'T\ ~ ~ ,t~l; In . V4 ... ~ JJ 0 "L \ .,~ .)0 -" .'. ., ... oJ, ". -. .~ \t\.\ ()J ", (J"; ~ \ ", ,\~ ~ )i \ .~ - <. '4,\'f \ l'TI \:1 ~ ,,,) '. 0; ~ \ -.. 0' ,., 'II ,/..... -':, "1.\'\ - \" r.:-f ' i \- If . \\3 '. ;\lX' \ \~ \ .. '5... \~ , :.-- L-- - .. .~ (9) . ; I ) . ~ . I '" ' .... , , ; ., , I I~' "\ .. ,.",. t " \0 \>) .~ \. .... ' '. J\) \~ . of '. \9 .. '; .. . '. '\, , I i .t ~ ... Ir, ---- @ ..... 'i. y~ (I. \ .... , r.' C) .:~'~.~ . ,I '-" . - '.~ ';!Z , ' . . . :,1 ,...'<' ,,~ _ ,..1'. \') ~ -- ....-'\ \C. . ~o 1"_ I . ----- r // -~-- TELEPHONE:598.7900 AREA CODe 708 FAX 598-7991 ., I \~ -~m THE MILORD COMPANY CONTRACTORS / ENGINEERS 9801 SOUTH INDUSTRIAL DRIVE BRIDGEVIEW, IlliNOIS 60455 -_11996 5T A TEMENT OF SPECIAL CONDITIONS We are requesting a variance which would allow us to construct a fence higher than the 4'-0" allowed in this district. This educational site to be fenced has a frontage on Sea Crest Boulevard of 668'-0" and the proposed fence is to be set off the front property line a minimum of 15'-0". The proposed barrier wou Id vary in distance from 40'-0" to 100'-0" from the west edge of Sea Crest. This fence consists of sections of metal pickets and rails 6'-0" high at approximately 25'-0" lengths set between stucco piers with heights of 7'-4" to 8'-4" in height. The main purpose of the fence is to provide security and control to the premises. It is an aid to assist the teachers during play and gym classes, while preventing unauthorized personnel from using the recreational facilities after school hours and on weekends. The use of the land as an approved conditional use educational property will be unchanged if the variance is denied, but approval of the variance should in no way affect the zoning requirements when applied to residential uses. A 4'-0" high fence and gate (which is allowed by code) will prevent unauthorized motorized traffic but is much easier for individuals to climb over than the proposed 6'-0" high barrier. We feel that for aesthetic reasons, the stucco piers need to be higher than the metal portion of the fence. (See attached sketches for proposed fence.)