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REVIEW COMMENTS in) ~ @ n \YJ ~ (jj) u~ APRI9. ~ MEMORANDUM PLfl.NNING AND ZONING OEPT. TO: Tambri Heyden Planning & Zoning Director FROM: Sue Kruse City Clerk DATE: April 19, 1996 SUBJECT: TRANSMITTAL OF ORDER PERTAINING TO BOARD OF ZONING APPEALS CASE #4-001 - RHS, INC., APPELLANT Attached is the original copy of the Order be to forwarded to the appellant. J~~ Attachment c: Board File jmp S:\CC\WP\MINUTES\ORDERSI4001 BZA,WPD CORRECTED rn .... I~ ~PR - 9 1996 BUILDING DIVISION MEMORANDUM NO. 96-126 April 8, 1996 RE: James Cherof City Attorney iV/i~~. Hukill, P.E. ~VfDevelopment BOARD OF ADJUSTMENT & APPEALS TO: FROM: Land Development Regulations Chapter 2, Section 10, paragraphs D and E define who may appeal decisions of certain administrative official(s) and stays of work pending appeal. In the first instance (paragraph D), it appears that an appeal may be filed by any person aggrieved by any decision of an administrative official under any zoning ordinance. It does not say any decision of an administrative official under a building ordinance or any other ordinance except zoning. I believe that part is correct, although it may not always be interpreted in that manner. The problem I have is with the word aggrieved, and the possibility of an infinite number of appeals, real or spurious, which could be filed consequentially, as opposed to concurrently. I believe it would make the paragraph more useful if filing of all appeals were to be limited to the initial 30 days. In the second instance (paragraph E), work on the permitted activity only should be temporarily stayed, and then only when the appellant certifies to the Board of Adjustment that by reason of facts stated in the appeal, continuation of the work would cause imminent peril to life or property of the appellant. In that way, aggrieved is de facto defined as peril. (.GlaringlY absent from the ordinance is any provision for a cash surety from the appellant to cover ~ the cost to any non-appellant parties affected by the appeal, should the appeal be denied. ., j My suggestion is that you prepare an ordinance for correcting these inconsistencies for first 1K consideration by the City Commission next week. WVH:bg XC: Carrie Parker Tambri Heyden ORDINANC.WPD ~,....... ,.... I . ..;."....,'"....,... '""~,... ,'" . I ." ~1' ~~'fI'I..rJI'I'"r...,~..""'~........~~~""""'IIIl"TI'~~lIII1r""'IIf'~:'tI',...r..,'.'~_"'t"r~..""'n'l'''''''..I.,,.......,..,.,..,..~.,...t"',.,~':"".....r...-~."~ '""..~" "1~""!......'..".....r'"'-." CITY OF BOYNTON BEACH MEMORANDUM TO: William HUkill, Directcr ot Development -lames A. Cherof, city Attorney ~/ March 2~, 1996 FROM: DATE: RE: Clear Copy/ RHS Corp. On I~arch 25, 1996 I received the attached letter from Dr. Roberts indicating a desire to appeal to the Board of Adjustment (Board of Appeals Appeals). I thereafter spoke with Dr. Roberts and his attorney and advised that the Board has not prescribed a form for appeals. I further advised that the letter of March 25, 1996 would be treated as a timely notice of intent to appeal, but thlSt an supplemental letter from Dr. Roberts would be necessary to speoify the administrative decision being appealed. I have not received that letter. There is no way to determine if the Board of zoning Appeals will have jurisdiction to consider the appeal until the supplemental letter is received. Ordinance 95-44 $ets forth the procedures for the review of decisions of administrative officials. Section F of the Ordinance provides the II and appeal to the boat'd stays a 11 wot'k on the premises and the proceedings in turtherance or the action appealed from..,1I When Dr. Roberts has perfected his appeal by providing the sUpplet1\ental letter (and assuming it properly invokes the juriSdiction of the Board) a stop work order should be issued. I will advise you when I receive that document. cc: Carrie Parker, City Manager k:900182\hukil )tf.1 AI/AI" ~r;L PI Ai-W ,'r} cPi"'''' I' j (AI C rfII ~ ~~~C /,y[ ~ 11, 1 ,vMZ(:; L'l j ',' /j' <:/1& ()(kO/ ~ C I~/;f(lt-', "I" r'"' --" (( (~ AJ 0/,# 'A--'..1,0'~ I.. / JL. ,~..}.."') vI.->- l. f . " _,. ,/~(). .f'\t" fl~"" -- /lJute- tr/~ y~ ,q>;7f2 ty; -~ ~ &?~ ~ ytlq //JvM/ ~ A~~~ ,,~ ~ 1:w~ ~ ~'V' ~y U~ /~ k~. --- --... .j/?~. !2.)BCf;>. 7-~: . . > I I? __ pi , {01>;0 <,>:ill?:.: il~,r,j A e.:..( .--; p' 7'. " /' . J) J.C II.,\', \ 'f'1 'C_i:: I (~{) (; ..-;. 2., {4J"1/3/U 1C/\~v.J( /I.J1, ,'- rZ~:: .5; Tl5: p~ /171 p Vt(, {;,0 ,1/1" /J-Df-j ,0T #7-f;~' Co!) e i'.fv p~, T""(). (" ~., If<'IP~' r;. . --------------:.~._ 'I (14 S f::!' PI <::L. / // fJ [; tw:y- 0' j'l Q". f-,o:." -r<:; -.---.---..---....-_.._........ - I ,--'" ')'VL..'U"\' '-;1, , ____ !L:;:; D t:'..': ~ r) fir i~.[ I J~ YiP P v(, '(.-------. I. l\.1J i~. _-' !:r-.C/f.-"'Pt>)....) 6 ({I:;JO - I/('!--',,/('f',,/ J !r ~ r, 1"~i{l/Jc-('-1cHI {i: I 4 e,,! {,,'" .,.,s, ", ! '2 ~ A."., /-;, . '- (-,-'I /J'';:, 1'.__ __ (/ Q~. tus. ,~;- (J/ (/' r -.J 6; () 0~A. ~ f .l't.~_ {"t),"u "'/'0",/ ~ A<.-jt, ~r-'1" ':l ";~".'1 c~ r.-u. IV' ...p, ',,1 2;t.;l-ov,J S (l....JfJJI!--1)~ i !' -~_.._----._-,-. i /. I d. c: /~...<- fJ f' p t"lAn/ (/Ol',r,;vi.:, .i;I'--G 1'\::((.<S46'?-::: e ,I ;ttf:.-i,c, ,"- R"?f- //2(< ! t!, (I (;)1\../ ... --. " P ,,I "'-:1'1 Ic:-r~' .- Ie' !eJiI} 11'-' " F , ..../).f--::t1.,~-...~ ) ~ . .. ,::'"....})'[ -fA,0..o(;:", / ,:,,~...., /11t'~ /(it.-- fIN. t -d './"'\" c.,"",ch1)'_ $', ~ C''-b,..,<''~-<'; '.-' ~" '(<. ~"'V~/,;VV .,e: #. .'~ ._....L. '.' J j e-. --- "- ~ l. .~-~- .' -, > "..-1 /J.c j /f:.../(~ ", " .{),.:- '.....)- :z/; './.JT7J"'../ A. ,- p,-, .- , I,.". I" i.;;J Y ( 101 b. A f(L-t1 'J I CJ--, ,1 tvJ ~~ . t1~ if ,.~ !f\~ /'4. t5 - \W ,b)\ WHEREAS, it has come to the attention of the City Commission of the City j1.}'1 ~ of Boynton Beach that a clarification is required regarding the definition of "house hf1,S1' Pl:dl>J^" X. --- LEGAL 13.3 cc: Plan, Dev. Utilities ORDINANCE NO. 06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 1, ARTICLE II, OF THE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR A DEFINITION OF "HOUSE EAVES"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. eaves"; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to provide a definition of "house eaves". NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 1., Article II of the Land Development Regulations is hereby amended by adding the words and figures in underlined type, as follows: "HOUSE EAVES. a non-structural Dortlon of anv . buildlna or structure extendinG beyond the vertical Diane ot!he foundation." - Section 2. Each and every other provision of Chapter 1 not herein specifically amended shall remain in full force and effect as previously enacted. Sedion 3. All laws and ordinances applying to the City of Boynton Beach in conflid with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Sedion 5. Authority is hereby given to codify this Ordinance. Sedion 6 This Ordinance shall become effedive immediately. FIRST READING this _ day of April, 1996. SECOND, FINAL READING AND PASSAGE this _ day of April, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk LORChp8\lW1.o.r, 3I2MlCI C I T Y o F BOYNTON B E A C H BOARD OF ZONING APPEALS AGENDA DATE: Monday, April 15, 1996 TIME: 7:00 P.M. PLACE: Boynton Beach City Hall City Commission Chambers 100 E. Boynton Beach Blvd ---------------------------------------------------------------- A. PUBLIC HEARING (2) (}b .,' ./ (fl~1 1/"\' L_' ~" J &/ tJ I;' ") ,f !\ "l,f'" \..l" , ",,"' N \' .,~.r 'S . rY ,\1 r \ \ t" ,~'{; J\' (A ../ LS fl, (. t ,.. A ./,,'19 IV.~\Jv);~r " \jJ l.c [f\ fn,l \// \; ~ 'v~, V: ,\'1' t(l (L' ,~.i~~ ~,,~y (, ~ .,l' I,,~ ~\" \fI\"sJJ for !/ . '\ \' Y ~ \'}~ " fI- t tYvl'_,(\ C,\ L' . 1 It t,\ l~l:.' .f' ..},' of" '7) ") l~ .A . ~...'I~ L I" IP{ tl ~\" ~" LX J \~~' 1J. ,~ rW ~\~J ~:.' ~~..' I, l ~' 1. Acknowledgement of Members and Visitors 2 . Approval of Agenda 3 . Approval of Minutes 4. Communications and Announcements (~ . / ~5. 6. Election of Officers Swearing in of Witnesses 7. Old Business NONE 8. New Petitions: ADMINISTRATIVE APPEAL A(')/'/?s /11 Location: /It(Jf/OAJ- -ro , R"'t7l/y 'iA-fr>9/l"l H'$ Owner: -' A h' /lI/.'AJA. fJA'i^ ,I(/J'/; r-'/V4"IV'"'' ~" Appellant: 1. Case #4-001 660 W. Boynton Beach Boulevard Bob Feldman -1J')"~ , nJ:;' R H~, 1.:,0 ('"f..o ! - /'\.--- Dr. Mark E. Roberts ?-' In to,;rl-' C) /V~ .._ 1\ ~ ,j)T~ ot.- j /14 ' ,I?...Il /V ....L Request: Appeal of the Planning and Zoning Director's administrative decision of a minor site plan modification for site plan changes requested by the owner of Clear C~py. f'" l\ ~ ',) <1 J"'~ yl'!' \7.. ;1' 1~S~' : 1 tfl 1"(' ,,(,b"U AS' v'" ~)51 /,.. .. ,t I' fYv. /JV6(L.. I, IJ~~/)J{ ="--N~V-) tf-! A'11.~/< (~: - '''?Pi .---. / 9. Other Business 10. Comments by Members 11. Adjournment NOTICE: 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. (F.S. 286.0105) ,L:.//1-:'// ;;J/J ;~ ?;V~~ Page 2 PART III. LAND DEVELOPMENT REGULATIONS - CHAPTER 4 SITE PLAN REVIEW Boynton Beach, Florida Code of Ordinances A. Modification of approved site plan. Minor: A non-impacting modification which will have no adverse effect on the approved site and development plan and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of-way as determined by the planning and zoning director. Section 9. B. Major: A modification which presents a significant change in intensity of use which, in turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the planning and zoning director. C. In making a minor/major modification determination, the planning director shall consider the following: I. Does the modification increase the buildable square footage of the development by more than five (5) percent. 2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 3. Does the modification cause the development to be below the development standards for the zoning district in which it is located or other applicable standards in the Land Development Regulations. 4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. Does the modified development meet the concurrency requirements of the Boynton Beach Comprehensive Plan. 7. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. D. When any determination of major/minor modification made by the planning and zoning director is challenged or contested by the applicant, the modification shall be processed as a new site plan in accordance with this chapter. E. Procedure: A site plan modification shall be processed as follows, pursuant to its categorization: 1. Minor: Administrative review and action by the appropriate city departments. CODyriaht tc) 1995. American Leaal Publishina COrDoration Boynton Beach, Florida Code of Ordinances 2. Major: Processing is the same as for the original site plan. F. Required infonnation: The following infonnation must be presented with a request for a site plan modification: 1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. 2. Major: A major modification shall contain the same infonnation as required for a new site plan submittal. G. Upon approval of a major site plan modification by the City Commission, the applicant shall have one (I) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void and the applicant will be required to resubmit the plan for site plan review. At its discretion, the City Commission may extend the approval of a major site plan modification for a one-year period. Minor modifications shall not extend the time limits of an approved site plan. H. The planning director shall file a quarterly report on minor site plan modifications with the City Commission. CODvriaht tc) 1995. American LeGal PublishinG Corooration