LEGAL APPROVAL
MEMORANDUM
NOV 2 5
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ZONING [Jl;)i'
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TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Mary Anne Sarka
Acting Deputy City Clerk
DATE:
November 25, 1996
SUBJECT: BOARD OF ZONING APPEALS - ORDER GRANTING RELIEF -
CASE NO. 227
Attached is the original and one copy of the Order granting relief in Case No. 227 - Isles
at Hunters Run PUD. Please forward the original Order to the applicant.
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Attachments
c: Bill Hukill
S 'ICCIWPIMINUTESIBZAIMEMO. WPD
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'I1ie City of
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100 'E. 'Boynton 'Beadi 'Bouk'fJaTtf
P.O. 'Bo;l(310
'Boynton 'Btacli, :Fforitia 33425-0310
City:Holt: (407) 375-6000
:FJU: (407) 375-6090
November 19, 1996
Kieran J. Kilday
Kilday and Associates, Inc.
1551 Forum Place, Suite 100
West Palm Beach, Florida 33401
Re: The Isles at Hunter's Run
Board of Zoning Appeals Case #227 - reduce rear setback of lots 1 through 28 (both
inclusive) from 40' to 20',
Dear Kieran Kilday:
Your request for a variance regarding the above referenced case was approved by the Board
of Zoning Appeals at their November 18, 1996 meeting.
If I can be of further assistance, please contact me.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
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XC: Development Department
Case File
Central File
d:\prOjectslislehntr\apprpcisle, wpd
Jbnerica's (jateway to tlie (julfstream
Prepared by:
Michael J. Pawelczyk, Esq.
Assistant City Attorney, City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
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CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
ORDER GRANTING RELIEF
IN RE:
ISLES AT HUNTERS RUN PUD
Northwest corner of Congress Avenue and Summit Drive
Boynton Beach, FL
The Appellant, Home Development of Hunters Run, Ltd., Home Development
Corporation of South Florida-1, through their representative Kieran Kilday appeared before
the Board of Zoning Appeals on November 18, 1996 and requested Relief from the City
of Boynton Beach Land Development Regulations, Chapter 2.5 - Planned Unit
Developments, Section 9.B to reduce the PUD perimeter rear setback of lots 1 through 28
(inclusive) within The Isles at Hunters Run PUD from 40 to 20 feet.
Based on the testimony of Kieran Kilday, and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations,Chapter 2.5 - Planned Unit Developments, Section 9.B to reduce the PUD
perimeter rear setback of lots 1 through 28 (inclusive) within The Isles at Hunters Run PUD
from 40 to 20 feet, is hereby granted.
DATED: / / /~/r'
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James Miriana, Chairman
ATTEST:
Bd.ZoningAppeal
IslesatHunters Run1 1/21196
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING
APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a variance a m' I
pursuant to the provisions of the zoning code of said City: D "rnr
Case #227 NaV I t.. 1996 ~
Owner:
Home Development of Hunter's Run Ltd.,
Home Development Corporation of South Florida-1
Requested
Variance:
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2.5
- Planned Unit Developments, Section 9.B to reduce the PUD perimeter rear
setback of lots 1 through 28 (inclusive) within The Isles at Hunters Run PUD from
40 feet to a minimum of 20 feet.
Location:
Northwest corner of Congress Avenue and Summit Drive, The Isles at Hunters Run
PUD.
Legal
Description: Lots 1 through 28 (both inclusive) at the Isles at Hunters Run PUD located within
a parcel of land lying in section 6, township 46 south, range 43 east, Palm Beach
County, Florida, and being more particularly described as follows:
Commencing at the northeast corner of said section 6; thence, south 00000'08"
east, along the east line of section 6, a distance of 2263.81 feet; thence, south
90000'00" west, departing said east line, a distance of 60.00 teet to the intersection
thereof with the west right-of-way line of Congress Avenue tor a point of beginning
(P.O. B.)
Thence, south 00000'08" east, along the west right-at-way line at said Congress
Avenue, a distance of 757.68 feet; thence, south 00000'09" west, continuing along
said west right-of-way line, a distance at 1041.10 feet to the intersection thereof with
the boundary line of Summit Plat No.1, according to the plat thereof, as recorded
in plat book 36, page 48, public records, Palm Beach County, Florida; thence south
90000'00" west, along the boundary of said plat of Summit Plat No.1, a distance of
743.07 feet; thence, north 00000'00" east, continuing along said plat boundary, a
distance of 1687.50 feet; thence north 90000'00" east, departing said plat boundary,
a distance of 380.00 feet; thence north 00000'00" east, a distance of 111.28 feet;
thence, north 90000'00" east, a distance of 363.09 feet to the point of beginning
(P.O. B.)
Containing, 29.71 acres, more or less.
Subject to reservations, easements and rights-of-way of record.
Use: Single family residential; a PUD (planned unit development)
A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application
at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on
Monday, November 18, 1996, at 7:00 P.M.
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 date. Any person who decides to appeal any decision of the
Board of Zoning Appeals with respect to any matter considered at this meeting will need a record at 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, CMC/AAE
CITY CLERK
(561) 375-6062
PUBLISH: THE POST
NOVEMBER 7, 1996
c: city mgr, city attny. city commiSSiOn~g. fil
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-560
FROM:
Sue Kruse
City Clerk .C' J q Il.L
'~~'fl"'" Ii I tee
Tambri J. Heyden, AICP l.. ':()\ f) f-J.
Planning and Zoning Direct r
TO:
DATE:
October 31, 1996
SUBJECT: Isles at Hunter's Run PUD
Case No. 227
File No. SZAV 96-011 (Perimeter rear setback reduction)
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced case. A check in the amount of $400.00 to cover
the review and processing of this application has been forwarded to the Finance
Department.
The legal advertisement for this request will be forwarded to your office after review by the
City Attorney and City Manager. The requested variance is scheduled for the November
18, 1996 meeting.
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Attachments
D:\SHARE\WP\PROJECTS\lSLEHNTR\ADBZA227.WPD
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 Haag
DATE PREPARED: October 21.1996
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoning Appeals hearing notice for
Case #227 (meeting November 18. 1996). The Isles at Hunter's Run PUD - reduction in
perimeter rear setback of lots 1 through 28 (inclusive).
_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 within 400 feet of property. applicant and
Director of Planning and Zoning.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
!. .
APr.OVED BY:
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(1) (/, .; l /1.;) .
/
(Department Head)
/0 h; /9.i
,
(Date)
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
D:\SHARE\WP\PROJECTS\ISLEHNTR\ADBZA227. WPD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING
APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and
pursuant to the provisions of the zoning code of said City:
Case #227
Owner:
Home Development of Hunter's Run Ltd.,
Home Development Corporation of South Florida-1
Requested
Variance:
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2.5
_ Planned Unit Developments, Section 9.B to reduce the PUD perimeter rear
setback of lots 1 through 28 (inclusive) within The Isles at Hunters Run PUD from
40 feet to a minimum of 20 feet.
Location:
Northwest corner of Congress Avenue and Summit Drive, The Isles at Hunters Run
PUD.
Legal
Description: Lots 1 through 28 (both inclusive) of the Isles at Hunters Run PUD located within
a parcel of land lying in section 6, township 46 south, range 43 east, Palm Beach
County, Florida, and being more particularly described as follows:
Commencing at the northeast corner of said section 6; thence, south 00000'08"
east, along the east line of section 6, a distance of 2263.81 feet; thence, south
90000'00" west, departing said east line, a distance of 60.00 feet to the intersection
thereof with the west right-of-way line of Congress Avenue for a point of beginning
(P.O.B.)
Thence, south 00000'08" east, along the west right-of-way line of said Congress
Avenue, a distance of 757.68 feet; thence, south 00000'09" west, continuing along
said west right-of-way line, a distance of 1041.10 feet to the intersection thereof with
the boundary line of Summit Plat No.1, according to the plat thereof, as recorded
in plat book 36, page 48, public records, Palm Beach County, Florida; thence south
90000'00" west, along the boundary of said plat of Summit Plat No.1, a distance of
743.07 feet; thence, north 00000'00" east, continuing along said plat boundary, a
distance of 1687.50 feet; thence north 90000'00" east, departing said plat boundary,
a distance of 380.00 feet; thence north 00000'00" east, a distance of 111.28 feet;
thence, north 90000'00" east, a distance of 363.09 feet to the point of beginning
(P.O. B.)
Containing, 29.71 acres, more or less.
Subject to reservations, easements and rights-of-way of record.
Use: Single family residential; a PUD (planned unit development)
A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application
at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on
Monday, November 18,1996, at 7:00 P.M.
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 date. Any person who decides to appeal any decision of the
Board of Zoning Appeals 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, CMC/AAE
CITY CLERK
(561) 375-6062
PUBLISH:
D:\SHARE\WP\PROJECTS\lSLEHNTR\ADBZA227.WPD
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
NOVEMBER 18,1996
40 feet to their proposed 25 feet. Mr. Rappoport seconded the motion. A roll call vote was
polled by the Recording Secretary. The motion carried unanimously.
Case No. 227
Project:
Location:
Owner:
The Isles at Hunters Run PUD
Northwest corner of Congress Avenue and Summit Drive
Home Development of Hunters Run Ltd.
Home Development Corporation of South Florida-1
Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2.5 - Planned urnt Developments,
Section 9.B to reduce the PUD perimeter rear setback
of lots 1 through 28 (inclusive) within The Isles at Hunters
Run PUD from 40 to 20 feet.
Requested Variance:
Kieran Kilday was sworn in by Attorney Pawelczyk. Mr. Kilday stated that normally, within
PUDS, you set all your own setbacks as part of the PUD. However, once you are on the
perimeter of the Planned Development, peripheral yards abutting other zoning districts
shall be the same that is required in the other zoning district. This piece of property used
to be a commercial tract of land that was separate and distinct from the Hunters Run PUD.
However, last year it was changed to residential to allow for the development of 56 patio
homes.
Mr. Kilday displayed a site plan. He said the lots he is requesting a variance for are on the
west side of the property. Even though this project is being designed and integrated into
the overall project to look like part of Hunters Run, technically it is the perimeter of the
PUD. The closest unit between the two projects' property line is 490 feet across the golf
course. He requested that the setback be reduced to 20 feet, which is still twice as much
as the units on the other side of the street. This would allow the units to be located closer
to the water and benefit from the view of the water and the golf course. It would have no
affect on any of the projects on the adjacent property.
Chairman Miriana asked if this is going to be a part of Hunters Run. Mr. Kilday said from
a City code standpoint, this is a separate PUD. However, there have been agreements
between the Hunters Run Master Association and this project to allow for sharing of certain
facilities, such as the ability to join the clubhouse.
6
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
NOVEMBER 18,1996
Chairman Miriana inquired about the depth of the lots on the west side. Mr. Kilday advised
that they vary but are generally in the neighborhood of 150 to 170 feet in depth. They are
fairly deep lots, but the units are very long and meander along the lot.
Maurice Rosenstock, One Villa Lane, was sworn in by Attorney Pawelczyk.
Mr. Rosenstock is a resident of Hunters Run and is a member of the Executive Committee,
the Board of Governors, and the Property Owners' Association that is involved with this
property. Hunters Run is composed of 21 groups (20 condo associations and one
homeowners' association). They are all integrated and every unit owner can be a member
of Hunters Run Golf and Racquet Club if they buy equity in the club. Once this project is
completed, it will be an integral part of Hunters Run. Mr. Rosenstock also serves on the
Planning and Development Board of the City of Boynton Beach. He said this is not a case
where we are not worried about an adjoining or abutting property owner creating a view
that is going to be detrimental to the other property owners across from the waterline. We
want them and encourage them to build. Six of our members have already purchased
property there. We are separated by over 400 feet of golf course. We see no problem
whatsoever of changing the setback from 40 feet to 20 feet. It is going to be beautifully
landscaped and the homes are going to be very attractive. They are going to be half
million dollar homes which is going to increase the assessed valuation of that entire area
of our community.
No one else in the audience wished to address this request.
Motion
Ms. Hammer moved to give the Isles at Hunters Run relief from the City of Boynton Beach
Land Development Regulations, Chapter 2.5 - Planned Unit Developments, Section 9.B
to reduce the PUD perimeter rear setback of Lots 1 through 28 (inclusive) within the Isles
at Hunters Run PUD from 40 feet to 20 feet. Ms. Hollingshead seconded the motion. A
roll call vote was polled by the Recording Secretary. The motion carried unanimously.
7. OTHER BUSINESS
None.
8. COMMENTS BY MEMBERS
None.
7