REVIEW COMMENTS
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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.
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Attachment
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S:\CC\WP\MINUTES\ORDERSI4001 BZA,WPD
CORRECTED
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~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
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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
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t5 - \W ,b)\ WHEREAS, it has come to the attention of the City Commission of the City
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~ 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
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1.
Acknowledgement of Members and Visitors
2 .
Approval of Agenda
3 .
Approval of Minutes
4.
Communications and Announcements
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~5.
6.
Election of Officers
Swearing in of Witnesses
7.
Old Business
NONE
8.
New Petitions:
ADMINISTRATIVE APPEAL
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Location:
/It(Jf/OAJ- -ro ,
R"'t7l/y 'iA-fr>9/l"l H'$ Owner:
-' A h' /lI/.'AJA. fJA'i^ ,I(/J'/;
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Appellant:
1.
Case #4-001
660 W. Boynton Beach Boulevard
Bob Feldman
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Dr. Mark E. Roberts
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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.
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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)
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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