REVIEW COMMENTS
D",lfElOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-359
VARIANCE REVIEW STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
December 18, 2000
Meeting
Date:
December 26, 2000
File No:
ZNCV 00-019 - Single-family building on a non-conforming lot
711 NE 9th Avenue, Lot 37 Block 3 of Lake Addition to Boynton
Location:
Owner:
Susan Gayhart
Project:
Gayhart Variance (a.k.a. Lot 37, block 3)
Variance
Request:
Request relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 11 Supplemental Regulations, 1.C.1, to allow
construction of a single-family home on a non-conforming lot in R-1-A zoning
district.
BACKGROUND
The subject property is part of a development known as Lake Addition to Boynton that was
platted in 1925 and partially zoned R-1-A, single-family residential. The typical lot was 50 feet
wide by 122 feet long. Lots along the Intracoastal Waterway were platted 50 feet wide with a
depth varying between 200 feet to 300 feet. The subject neighborhood is zoned R-1-A and
generally bounded on the north by NE 10th Avenue, on the south by NE 7'h Avenue, on the east
by the Intracoastal waterway, and on the west by a platted alley located about 100 feet east of
U.S. Federal Highway (see Exhibit "A" - Location Map).
There currently exists 77 parcels within the subject area zoned R-1-A, 38 of them still vacant,
including 21 substandard lots which are those lacking the minimum width of 60 feet. Of the
developed parcels, seven (7) were built on the original 50-foot wide lots, and three (3) of them
had received variances against the minimum lot area requirement; staff was unable to
determine the basis for allowing construction of the other four (4) lots since they were built
between 1950 and 1962 (see Exhibit "B" - Subject Area). It is worth noting that two (2) other
similar variances have also been approved for the subject area but the homes were never built.
The five (5) variances mentioned herein were granted between 1980 and 1986.
ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the
following:
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.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
Page 2
Lot 37 Block 3 Variance Staff Report
Memorandum No. PZ 00-359
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 ordinance 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 grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The applicant's response to the above criteria is contained in the Exhibit "C".
In June of 1975 the City a adopted new zoning code causing a large number of parcels to
become legally non-conforming. [n February of 1978 the City adopted a revised ordinance (Ord.
78-5) to establish the procedures and regulations for use of the non-conforming lots. As
documented in the corresponding City Commission minutes, the consensus was that..." the
person who owned a non-conforming lot could use it; but if sold, the new owner would have to
apply to the Board of Adjustment. The law is clear that a person cannot be stopped from using
a 50 foot lot, but a variance would have to be obtained to use it." It was based on this
conclusion that the City approved similar variances between 1980 and 1986.
Ordinance 78-5, Section 1 reads as follo~s: "In the event title to any non-conforming lot or lots
is conveyed to an individual owner or owners subsequent to the effective date of this
amendment, the exceptional provisions of this section shall not be applicable to said lot or lots,
and prior to issuance of a building permit for construction of improvements on any said lot or
lots, the owner shall be required to purchase, or acquire, additional adjacent property to meet
lot requirements established by ordinance; or in the alternative, to obtain a variance or special
exception from the municipal Board of Adjustment for the use of subject property." According[y,
current regulations for non-conforming lots require the following:
a. The parcel contains at least one (1) whole piatted lot;
b. The parcei has a frontage of not less than fifty (50) feet, and a lot area of not less than five
thousand (5,000) square feet;
c. Property cannot be acquired from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or structures thereon to become non-
conforming or more non-conforming.
In addition to these criteria, there exists the requirement that ownership of the subject parcel
shall be determined by the property tax ro[ls of the Palm Beach County Property Appraiser's
Office as of the effective date of the ordinance. According to Palm Beach County Tax
Appraiser records, the applicant, Mrs. Gayhart, purchased the lot in April of 2000 from a
company known as Fairway Is[es, Ltd.; the company purchased the subject lot and several
Page 3
Lot 37 Block 3 Variance Staff Report
Memorandum No. PZ 00-359
others in the area in December of 1999. Purchasing dates are in clear conflict with the non-
conforming regulations. The subject regulations were adopted in 1978 (Ordinance 78-5), and
subsequent amendments adopted in 1981 (Ord. 81-30), in 1983 (Ord. 83-38), and in 1988 (Ord.
88-17). .
Staff concurs with the applicant's responses to items "A" and "0" from the above-mentioned
criteria (A through F), in stating that the property cannot be enlarged by annexation since the lot
is surrounded by developed parcels. However, staff has been contacted by the owner of the
adjacent property to the west of the subject lot, Mrs. Dina L. Castellano, who expresses her
willingness to sell ten (10) feet from her one-hundred (100) foot wide lot which would bring the
subject lot into conformance with code regulations. This transfer of property could only occur if
the source property remained in compliance with setback regulations.
With respect to item "c", staff concurs with the applicant's response since other similar
variances have been previously approved, therefore earning her the right to receive equal
treatment. However, staff researched the applicant's reference to the building permit issued on
March of 2000, and it was determined that the permit was issued when the lot and several
others were still all owned by Fairway Isle, Inc.; the owner (of the company) acknowledged in
writing that the permit was issued based on the particular provision of the non-conforming
regulations that reads: "No more than one (1) parcel or lot, or combination of lots under the
same ownership, that is non-conforming but which meets the requirements under b. above may
be developed for a single-family house". Furthermore, the applicant also acknowledged that any
other adjacent non-conforming lot owned by them will therefore be at risk of being denied a
building permit.
With respect to the applicant's response to item B, staff recognizes that the company was
obliged to make the purchaser of the sut;lject lot, Mrs. Gayhart, aware of the non-conforming
status of the parcel and the related consequences. Therefore, staff cannot concur with the
applicant's response to item B.
CONCLUSIONSIRECOMMENDATION
Based on the analysis contained herein, staff offers the following conclusions:
1 -There is the assumption that when the development was platted in 1925 the typical fifty (50)
foot wide lot complied with then existing zoning regulations for single-family districts. It
appears that the City started requiring the minimum sixty (60) foot frontage in 1962, and due
to the creation of non-conformities, potentially creating hardships for property owners,
conditions culminated in the adoption of, in 1978, the current criteria for non-conforming lots;
2 -The City recognized the legal fact that the law cannot remove all reasonable use of a fifty
(50) foot wide lot, and therefore the only recourse is via the variance application. Based on
that premise, the City granted five (5) similar requests in the 1980's;
3 -There are two conflicting positions regarding the development of this parcel: 1) the
opponents of this variance argue that neighborhood property values would be negatively
affected, and the neighborhood quality of life will deteriorate. In contrast, supporters of the
variance claim that a smaller house is preferable over an empty lot which can also be a
detriment to the area if debris and vegetation are not controlled;
Page 4
Lot 37 Block 3 Variance Staff Report
Memorandum No. PZ 00-359
4 -Staff recognizes that by approving this variance request a precedent will be set that could
support the approval of subsequent requests by new owners of other substandard lots
purchased from the same developer. However, staff believes that the number of non-
conforming lots that would qualify for variance relief would not be of a magnitude that would
negatively impact area property values; and
5 -Pursuant to requirement "c" for non-conforming lots, applicant should exhaust the possibility
of acquiring part of an adjacent parcel in order to attain conforming status.
Based on the analysis and findings contain herein, staff recommends that this variance request
to allow construction of a single-family house on a non-conforming lot zoned R-1-A be approved
conditionally. The condition of the approval would be for the applicant to exhaust in good faith
the possibility of purchasing extra land from an adjacent parcel to bring the subject lot to
conformity. This purchase attempt could be verified by a signed/notarized statement from the
SUbject property owner documenting that a sales transaction could not occur and the specified
reasons for failure. This condition and any other condition recommended by the Board will be
included in Exhibit "D" - Conditions of Approval.
MR/dim
S:IPlanningISHAREO\WPIPROJECTSllot 37 Block 3 {la~e addition to Boynlon)\STAFF REPORT variance_doc
LOCATION MAP
LOT 37, BLOCK 3, Lake Addition to Boynton
EXHIBIT "A"
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eXHIBIT "e"
5.
statement of special conditions, hardships, or reasons
justifying a variance
a. special conditions peculiar to the lot exist because this lot is surrounded by houses
. and it can not be enlarged by annexation to meet size requirements ofR-la, as most
of the lots in the subdivision have been.
b. owner bought lot believing per zoning ordinance that each individual property owner
could build one home on a non-conforming lot in the R-la classification. the wording
of the ordinance is confusing.
c. granting this request will not confer any special privilege that is denied by ordinance
to other properties in same zoning district. owner oflot 38, block 3, plat book 11, page
71 was granted a permit in 2000 to build a house on a lot the same size as subjel:t:-:::;7
(non-conforming). 7""
d. literal interpretation of provisions of this chapter would deprive me of rights enjoyed
by others, and would render my property useless (unbuildable) as i can not enlarge it
by annexing adjoining property. I"
e. variance asked for is the minimum one that will allow reasonable use of the land.
f. granting of this variance will be in harmony with the general intent and purpose
of this Chapter because the difference in required lot size (61 foot frontage vs. 50 foot
frontage) is minimai, and there is at/east one home built on a 50 foot frontage lot
in the immediate neighborhood. .. .
EXHIBIT "D"
Conditions of Approval
Project name: Lot 37, Block #3 (a.k.a. Susan Gayhart Variance)
File number: ZNCV 00-019 (single-family on non-conforming lot)
Reference: Zoninp Code Variance Annlication dated November 16.2000.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None '"
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: I) The applicant must exhaust in good faith the possibility of
purchasing extra land from an adjacent parcel to bring the subject lot to
conformity. This purchase attempt could be verified by a signed/notarized
statement from the subject property owner documenting that a sales transaction
could not occur and the snecified reasons for failure.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
MWR:dim
$'IPLANNING\SHAREDlWP\PROJECTS\LOT 37 BLOCK 3 (LAKE ADDITION TO BOYNTON}\CONO. OF APPR PSD.OOC
CITY OF BOYNTON BEACH
OFFICE OF THE em ATTORNEY
100 EAST" BOYNTON BEACH BOULEVARD
P.Q, BOX 310
BOYNTON BEACH 33425-0310
Phone (561) 742-6050
Fax (561) 742-6054
FACSIMILE TRANSMISSION COVER SHEET
TO:
Mike Cirullo, Assistant City Attorney
FAX NUMBER:
954/771-4923
FROM:
Mike Rumpf
RE:
DATE:
11/28/00
This facsimile transmission contains
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Palm Beach County Property Appraiser Property <'~arch System
_ Page I of2
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Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Owner Information
I Owner Name
IGA YHART SUSAN
II Situs Address
liNE 9TH AVE
II Parcel Control Number
1108-43-45-21-32-003-0370
Confirmation Information
Subdivision: ILAKE ADD TO BOYNTON II BOOk:I~1 page:IE] D~~~~IIAPr-2000 I
Mailing I I 06 LISA LN I~ LAKE ADDITION TO BOYNTON
L T 37 BLK 3
Address:
I I I I
[LAKE WORTH FL 33463 4323 I I I
2000 Certified Appraisal
I Improvement value:11 $011 Number ofUnits:11
1 Land value:1I $9,18011 Total Sq, Ft:11
I Market value:11 $9,18011 Acres:11
I Use Code:11 0000 II Description:IIV ACANT II Petition No:lloooooo
2000 Certified Tax 2000 Assessed & Taxable values
Ad valorem:11
Non ad valorem:1I
Total:1I
$223.5011
$0.0011
$223.5011
Assessed value:1I
Exemption amount:1I
Taxable:11
$9,180.0011
$01
$9,180.001
I More.
2000 Exemption
I DescriPtion:1I
I Exemption Holder:1I
II cOde:IDI I More.~~.J
II Percentage:1
http://www.co.palm-beach.fl.us/papa/detail _info.asp?p _ entity=0843452 I 320030370
12/1812000
.
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Palm Beach COUllty Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Rows 101 to III displayed.
Click on row to see more information.
Owner Name
Situs Address
ORESKY ABRAHAM
CHANDLER NA1\jCY E 914 NE 7TH ST
SCHREIBER MARK NE 7TH ST
SCHREIBER MARK 902 NE 7TH ST
KANARIS EV ANGELOS NE 7TH ST
WEAVER CS& ERNA y: NE 7TH ST
WEAVER C S & ERNA Y NE 7TH ST
HEARTWOOD I INC
PRATT KAREN S
NE 7TH ST
NE 7TH ST
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Parcel Control Nnmber ')
08-43-45-21-32-007 -0080 Y
08-43-45-21-32-007-0090
08-43-45-21-32-007-0111
08-43-45-21-32-007-0112
08-43-45-21-32-007-0141
08-43-45-21-32-007-0160). t/
08-43-45-21-32-007-0170
08-43-45-21-32-007-0180
08-43-45-21-32-007-0250
,EXANIUS_MATBIEUJ> '1l03 N FEDERALHWY 08-43-45-2n2-008-0010
DELtfGAMJCIJAEJ,-A
1105 N FEDERAL HWY 08"43-45-21"-32-008-0020
.P[e~jQ~$ .F:'~~~ .1
.
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Please send comments to : propapp@Co.palm-beach,fl.us>
Copyright @ 2000 by Palm Beach County Property Appraiser
All Rights Reserved
.. .Inamesbypcn.asp?start= I 00&next=Next+Page&cty=08&mg=43&twp=45&sec=21 &sub I =:12/18/2000
~age 4 of 4
BRAD_SHAW BARBARA R
NE 7TH ST
V
08-43-45-21-32-007-
0051
ORESKY ABRAHAM
926 NE 7TH ST
08-43-45-21-32-007-
0070
v
.
rn
Please send comments to : Pl'QJlapP@l:o.palm-beach.fl,us>
Copyright @ 2000 by Palm Beach County Property Appraiser
All Rights Reserved
. ../namesbypcn.asp?start=50&next=Next+Page&cty=08&mg=43&twp=45&sec=21 &sub 1 =3 12/18/2000
. -Page 3 of 4
KER.rMQQLU ACHMED J
NE 8TH AVE
08-43-45-21-32-004-
0450
08-43-45-21-32-004-
0460
08-43-45-21-32-005-
0010
08-43-45-21-32-005-
0040
08-43-45-21-32-005-
0060
08-43-45-21-32-005-
0080
08-43-45-21-32-005-
0100
08-43-45-21-32-005-
0120
08-43-45-21-32-005-
0140
08-43-45-21-32-005-
0150
08-43-45-21-32-005-
0161
08-43-45-21-32-005-
0171
08-43-45-21-32-005-
0190
KERIMOGLU ACHMED& JANET T 907 NE 7TH ST
CARSRUD DALE M & GHISLAINE
A NE 8TH AVE
MIRIANA JAMES 728 NE 8TH AVE
BILLS SCOTT & MARY J 720 NE 8TH AVE
RUBERTO MARY 712 NE 8TH AVE
LI WEI MING 704 NE 8TH AVE
DE BERAR[)INIS NELLIE S 650 NE 8TH AVE
YON GEORGE R & BETTY A 646 NE 8TH AVE
SMITH MARGARET 1<. 640 NE 8TH AVE
STETLER BRIAN & 638 NE 8TH AVE
OCHSTElN HAROLD E &
MARJORIE G 636 NE 8TH AVE
PATEL THAKORl3I-IAI G &
SAVETA 614 NE 8TH AVE
~AUGUSTIN ROME & \l.M:;eWA""B--__-8l-2-NFE"DER::Ab.H~---.....--og-43:':45~21~-005-
. . 0230
"SUN ISLAND REALTY INC.
NE 10TH AVE
08-43-45-2l'32-006-
0010
08-43-45-21-32-006~
0020
stJN-IS-LAND...REb.L TY INC
'-'~""-,,,. ~~,_.~.~. ~.;.
RY Al'LTJIEODORE F &
1010NE7THST
08-43-45-21-32-007-
0010
08-43-45-21-32-007-
0041
SLATERPRYCE ALLEN A& ANNA
M NE 7TH ST
.. .Inamesbypcn.asp?start=50&next=Next+Page&cty=08&mg=43&twp=45&sec=21 &sub 1 =3 12/18/2000
DOLLY F J & RUTI:I R
DOU...YEl & RUTH R
DI LORJ;:tlZQNICI:l.QLAS,&, .
CA.RMELA
BAUER-ROSA A TR
BAUER RQS"'-A
WERRONEN T G &. FLORENCE
WILLSON ROGER J
T ANGIRES GRETA H
JOI{l-!SON KNOL YS
ALLFREYJ:)ARREN S &
DENMAN W ALTER
Page 2 of 4
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0201
08~43:45-21-32-004-
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<JOZNFEB-ERAt-HWY--.. ~_'~~4~~~?-.21:~2-004-
924 N FEDERAL HWY
NFEDERALHWY .
NE 8TH AVE
08-43-45-21-32-004-
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08-43-45-21-32-004-
0280
08-43-45-21-32-004-
0290
08-43-45-21-32-004-
0300
08-43-45-21-32-004-
0310
08-43-45-21-32-004-
0320
08-43-45-21-32-004-
0330
08-43-45-21-32-004-
0341
08-43-45-21-32-004-
0360
08-43-45-21-32-004-
0371
08-43-45-21-32-004-
0390
08-43-45-21-32-004-
0401
08-43-45-21-32-004-
0411
08-43-45-21-32-004-
0430
08-43-45-21-32-004-
0440
617 NE 8TH AVE
625 NE 8TH AVE
627 NW 8TH AVE
633 NE 8TH AVE
639 NE 8TH AVE
643 NE 8TH AVE
647 NE 8TH AVE
DENAHAN WALTER G & CAROL S 653 NE 8TH AVE
DENAHAN JED
NICHOLAR GEOR.GET
GALLO TIMOTHY S & TAMMY S
NICI:IOLAR ADELE
F ACISON GWENDQL YN N
HSJIER GOLDIE
705 NE 8TH AVE
Confidential Record Per FS-
119.07
717NE8THAVE
721 NE 8TH AVE
729 NE 8TH AVE
731 NE 8TH AVE
. ..Inamesbypcn.asp?start=50&next -Next+Page&cty=08&mg=43&twp=45&sec=21 &sub I =3 12/1812000
Page 1 of4
.
Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Rows 51 to 100 displayed.
Click on row to see more information.
Owner Name
Situs Address
Parcel Control
Number
HEA VILlN JEANNE
734 NE 9TH AVE
08-43-45-21-32-004- '-....
0030 \
\/
COLP ACKJOSEPH F &
728 NE 9TH AVE
08-43-45-21-32-004-
0041
,
/
/
!
BRUNER DONNA D
714 NE 9TH AVE
08-43-45-21-32-004-
0042
08-43-45-21-32-004-
0060
08-43-45-21-32-004-
0071
08-43-45-21-32-004-
0090
08-43-45-21-32-004-
0101
08-43-45-21-32-004-
0130
08-43-45-21-32-004-
0141
08-43-45-21-32-004-
0160
08-43-45-21-32-004-
0180
08-43-45-21-32-004-
0191
HEAVILIN JEANNE
NE 9TH AVE
YOLK WILLIAM G
NE 9TH AVE
ALLENIiARRISON H &
PARTHENOPE
710NE 9TH AVE
MEY~RJ1JDY E
704 NE 9TH AVE
BANKS ROGER R&KAREN L
NE 9TH AVE
FELLOWS G DAVID & RAE
638 NE 9TH AVE
MARTINCf[RISTOPHER L &
630 NE 9TH AVE
GILLERT JAMES
620 NE 9TH AVE
DONAHUE WILLIAM D &
ROSILDA J
616 NE 9TH AVE
. ..Inamesbypcn.asp?start-50&next=Next+Page&cty=08&mg=43&twp=45&sec=21 &sub 1 =3:a2/18/2000
P ALl\1 BCH GOLF ESTATES INC
PIEKUTEULALIA
FAIRWAY ISLES LTD
NORFUS VICTOR D &.MARSHA A
MIC DEL CQEJ'
BARNES Al\IGELA T
DECKER RONALD B & LISA C
fPOCSIK R L & BETTY J
~OCSIK ROBERT L & BETTY J
VICTOR MIDRQY
BlLLS-SCgIT T& lVIARY J
~~.M.GLES..
MATOS GERBRUDESA
UQWAM I:LEIDIG
Page 2 of3
NE 10TH AVE 08-43-45-21-32-003-0040
NE 10TH AVE 08-43-45-21-32-003-0050
NE 10TH AVE 08-43-45-21-32-003-0070
NE 10TH AVE 08-43-45-21-32-003-0090
702 NE 10TH AVE 08-43-45-21-32-003-0101
644 NE 10TH AVE 08-43-45-21-32-003-0120
NE 10TH AVE 08-43-45-21-32-003-0140
626NE 10TH AVE f/
08-43-45-21-32-003-0 150 ~
NE 10TH AVE 08-43-45-21-32-003-0170 ·
NE 1 OTH AVE 08-43-45-21-32-003-0180
I022-N.Ji~;r;l.ER.AJ".HWY'...0843:45~
...-.--l.OO2.N.EEQEbtt trNY 08 43 43-21-32-903 %.2:3{1--
615NE9THAVE
62] NE 9TH AVE
08-43-45-2] -32-003-0260
08-43-45-2] -32-003-0270
08-43-45-2] -32-003-028]
08-43-45-2] -32-003-03001 V
08-43-45-2] -32-003-0::1
08-43-45-21-32-003-03] 2
08-43-45-21-32-003-033 ]
08-43-45-21-32-003-0350 -
08-43-45-2] -32-003-03 70
08-43-45-21-32-003-0380
08-43-45-21-32-003-0390
08-43-45-2] -32-003-0401
08-43-45-21-32-003-04!lJ ~
08-43-45-21-32-003-04;0
08-43-45-21-32-003-0430 c
08-43-45-21-32-003-0440 '
08-43-45-2] -32-004-001 0
EDWARDS VALERIE A 629 NE 9TH AVE
SILVERMANBRYANK&AUDREY NE9THAVE
SILVERMAN BRY ANK & AUDREY R NE 9TH AVE
SILVERMAN BRYAN K & AUDREY R 641 NE 9TH AVE
JEDRUSIAK VIOLET M
MIRISOLA THOMAS J &
GAYHART SUSAN
Ch--8TELLAN.o PINA L
OSORTO JULIO C
FAIRWAY ISLES LTD
LINDROSJANE...A &.
LINDROSJANE A &
LINDROS JANE A
LINDROS JANE A
647NE 9TH AVE
707 NE 9TH AVE
NE 9TH AVE
715 NE 9TH AVE
NE 9TH AVE
NE 9TH AVE
NE 9TH AVE
NE 9TH AVE
NE 9TH AVE
1001 NE 7TH AVE
KERIMOGLU ACHMED l.&_JANET T NE 9TH AVE
.. ./namesbypcn.asp?which -pcn=bypcn&CTY =08&RNG=43&TWP=45&SEC=21 &SUB] =3 ] 2/18/2000
Page I of3
.
Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Rows I to 50 displayed.
Click on row to see more information.
Owner Name
ROMBAKlS NIKOLAOS
HAMJLIQNH1\.RRJ'_S TR
B & R MOORE INC
MORAKIS MICHAEL & STACEY M
EHOENIX REALESTAIEINVSTMNT
PHOENIX REAL ESTATE INV
PHOENIX REAL ESTATE INV
QUINT AYALLEDQNNA&
HUBERT YVES M TR
HUBEET YVES M TR
CUNNINGHAM T J
NEYRA MARIA E
CHA VERRA SANDRA L
CHA VERRA SANPRAL
FRASER JOHN S & JOANNE
FRASER JOHN S & JOANNE
aEI1ARl\1~ J
'~Situs Add,-ess
1017 FEDERALHWY
1009 DIXIE HWY
I
925 N fEDERAL HWY
915 Nl(EDERAL HWY
907 N ~IE HWY
819NDD~IEHWY
j
N DIXIE WY
805 N or
725 N D
717NE lOT AVE
NE 10TH AVE
633 NE lOT AVE
NE 10TH AVE
611 NE 10TH AVE
Parcel Control Number
08-43-45-21-32-001-0010
08-43-45-21-32-001-0030
08-43-45-21-32-001-0041
08-43-45-21-32-001-0061
08-43-45-21-32-001-0090
08-43-45-21-32-001-0120
08-43-45-21-32-001-0160
08-43-45-21-32-001-0170
08-43-45-21-32-001-0180
08-43-45-21-32-001-0212
08-43-45-21-32-002-0060
08-43-45-21-32-002-0110
08-43-45-21-32-002-0130
08-43-45-21-32-002-0140
08-43-45-21-32-002-0150
08-43-45-21-32-002-0170
08-43-45-21-32-002-0190
I
ECKOLS 76 LTD & 1102 N FEDE~ HWY 08-43-45-21-32-002-0201
ALPINE SEVEN CO INC 1112 N FEDE~!tHWY ~8-~3-45-2 I -3~~.002-0211
~~~~"'_""_""'~'''''''''''''--_'''_''' .........,_.."'...,...,,,.... ''''''.,'',.",.,.~_.,..... -, ....lO1.........,..~."'...."""_
RYAN THEODORE NE 10TH AVE 08-43-45-21-32-003-0010
PBG PROPERTIES INC
NE 10TH AVE
08-43-45-21-32-003-0030
. ../namesbypcn.asp?which .J]cn=bypcn&CTY =08&RNG=43&TWP=45&SEC- 21 &SUB 1 =3212/18/2000
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Palm Beach County Pronerty Appraiser Propertu "learch System
Page 2 of2
Sales Information
Sllle~J)ate II Book II Page II Price Illnstrument IIOwner I
Apr-2000 I~GI $1466711WARRANTY II GAYHART SUSAN I
' DEED
Dec-19991EJGI $44 5001lW ARRANTY FAIRWAY ISLES LTD I
' DEED
Sep-1991 18B $18,000 Iw ARRANTY I
DEED
NOV-1988IEJBI $150001IWARRANTY I
' DEED
Feb-1981 IEJBI $10011~~TY I
.
rn
Please send comments to : pn1pfJPp@l;Q.PfJI11l-/)cfJrh.jJ.I1$?
Copyright @ 2000 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.fl.us/papaJdetail_info.asp?p _ entity=084345213200303 70
12/18/2000
~
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
PLAN REVIEW COMMENTS
PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT
DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS
RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO
ALL ASPECTS OF THIS DOCUMENT.
COMMENTS:
For permit application number:
Project Name or Address:
REVIEWED BY:
00-1806
Lot 37, Block 3, Lake Addn. to Boynton
Departmehtand/orDivision: Planning .,.ndZllnlng
Name of Reviewer: Jose Alfaro
Trade:
Phone # (561) 742-6260 ex!.
Fax# (561) 742-6259
Date Started Review: 08/24/00
Type dfReVlew: Single family building
l'8J15t 0 2nd [] 3rd 0 4th 0 Other __
Which Review:
COMMENT DISTRIBUTION:
Person Identified on the application to receive comments:
Name
Phone #
Fax #
(area cOOe:561)
(area code:561)
ex!. 0
Date(s) reviewer called:
Person who received the call
THE FOLLOWING AREA SHALL BE FILLED-IN IN THE PRESENCE OF THE PLANS ANALYST
AND/OR PERMIT CLERK:
COMMENTS/PLANS PICKED UP:
Comment(s) reed. by print name and date:
OR
Plans/Comments reed. by print name and date:
Page 2 of2 I" 2"d 3n14 _'Ian Review Comments for Pen,,,, Applicatio, 98-
Your permit application and supporting documentation do not comply with the City of
Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install
the requested improvements the plans and documents shall be amended to show
compliance with the below listed comments. Prior to making the changes to the plans
and/or documents please read the attached Submittal of Corrected Plans form. This
form contains important information relative to amending documents and submitting
corrected plans and/or documents. Questions regarding the comments may be
directed to the reviewer named above. If a conference is necessary, please schedule
an appointment with the reviewer. Please note.thatadditional comments may be
generated following staff review of thearnendedplal1s.. Timely approval of your project
is dependent upon your prompt al1d correctresponSE!. to the information provided in this
document. Find attached, aformtitledSubmittalofCol'rectedPlans, this document
shall be properly completed.sl1dstapled to the file copy ofthecorrected plans when
submitting themtothePlahs Analyst.
1- Based ontheCitvAttornev Nicholas lowe.Jetterdlilted Auoust1.2000. this permit
has beenre.evaluated and the previous siah-offhaslieenre'VoKl!!d..The code's
"orandfathern provision precludes construction ()n this nonconformina lot as same
was purchased after the effective date of the ordinance adopted onApril15. 1997.
Jose
2
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
PLAN REVIEW COMMENTS
PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT
DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS
RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO
ALL ASPECTS OF THIS DOCUMENT.
COMMENTS:
For permit application number:
Project Name or Address:
REVIEWED BY:
00-2531
Lot 3, Block 3, Lake Addn. to Boynton
Department$nd/OrDivision: PlanninQ .and .Zpning
Name of ReViewer: Jose Alfaro
Trade:
Phone # (561) 742-6260 ext.
Fax.# (561) 742-6259
Date Started Review: 08/24/00
Type of Review: Single family building
~ 1st o 2nd []3r<! o 4th GOther__
Which Review:
COMMENT DISTRIBUTION;
Person identified on the application to receive comments:
Name
Phone #
Fax#
(area code:561)
(area <:OOe:561)
ext. 0
Date(s) reviewer called:
Person who received the call
THE FOLLOWING AREA SHALL BE FILLED-IN IN THE PRESENCE OF THE PLANS ANALYST
AND/OR PERMIT CLERK:
COMMENTS/PLANS PICKED UP:
Comment(s) reed. by print name and date:
OR
Plans/Comments reed. by print name and date:
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
PLAN REVIEW COMMENTS
PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT
DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS
RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO
ALL ASPECTS OF THIS DOCUMENT.
COMMENTS:
For permit application number:
Project Name or Address:
REVIEWED BY:
00-2542
Lot 8,. Block 3, Lake Addn. to Boynton
Department and/or Division: Planning and Zoning
Name of Reviewer: Jose Alfaro
Trade:
Phone # (561) 742-6260 ext.
Fax # (561) 742-6259
Date Started Review: 08/24/00
Type of Review: Single family building
1ZI1st o 2nd 03rd o 4th OOther__
Which Review:
COMMENT DISTRIBUTION:
Person identified on the application to receive comments:
Name
Phone #
Fax #
(area code:561)
(area code:561)
ext. 0
Date(s) reviewer cr:;llleq:
Person who received the call
THE FOllOWING AREA SHAll BE FillED-IN IN THE PRESENCE OF THE PLANS ANALYST
AND/OR PERMIT CLERK:
COMMENTS/PLANS PICKED UP:
Comment(s) reed. by print name and date:
OR
Plans/Comments reed. by print name and date:
Page2of2 I" 2nd 3"'4lh Plan Review Comments for PermnApplicatiOl." 98-
Your permit application and supporting documentation do not comply with the City of
Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install
the requested improvements the plans and documents shall be amended to show
compliance with the below listed comments. Prior to making the changes to the plans
and/or documents please read the attached Submittal of Corrected Plans form. This
form contains important information relative to amending documents and submitting
corrected plans and/or documents. Questions regarding the comments may be
directed to the reviewer named above. If a conference is necessary, please schedule
an appointment with the reviewer.. Please note tl1at additional comments may be
generated following staff revieW of the amended plans, Timely approval of your project
is dependent upon your prompt an9 corremrelilponlile to the information provided in this
document. Find attached. a form titled Submittal of Corrected Plans, this document
shall be properly completed and stapled to the file copy of the Corrected plans when
submitting them t(;)1he Plans Analyst.
1- Based ont~eCityAttornev Nicholas laweletter9E1tedAuClyst~;~200. this permit
can notbe approved. The code's "arandfathet"pro~ililionpreclt.ldesconstruction on
this nonconformina lot as same was purchasedaffer.theieffectivedate of the
ordinanceadoOted on April 15. 1997.
Jose
2
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
PLAN REVIEW COMMENTS
PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT
DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS
RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO
ALL ASPECTS OF THIS DOCUMENT.
COMMENTS:
For permit application number:
Project Name or Address:
REVIEWED BY:
00-2543
Lot 7, Block 3, Lake Addn. to Boynton
DepartmentandforOivision: Planning and Zoriihg
Name ofRe\iiewer' Jose Alfaro
Trade:
Phone # (561) 742-6260 ext.
Fax# (561) 742-6259
Date Slarted Review: 08/24/00
Type of Review: Single family bUildil'1~
~ 1st D 2nd 03rd D 4th DOther__
Which Review:
COMMENT DISTRIBUTION:
Person identified on the application to receive comments:
Name
Phone #
Fax #
(area code:561)
(area code:561)
ext. 0
Date(s) reviewer Calii:!d:
Person who received the call
THE FOLLOWING AREA SHALL BE FILLED-IN IN THE PRESENCE OF THE PLANS ANALYST
AND/OR PERMIT CLERK:
COMMENTS/PLANS PICKED UP:
Comment(s) reed. by print name and date:
OR
Plans/Comments reed. by print name and date:
Page 2 of2 I" 2"d 3"' 4 "'Ian Review Comments for Pen.... ApplicatiOl" 98-
Your permit application and supporting documentation do not comply with the City of
Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install
the requested improvements the plans and documents shall be amended to show
compliance with the below listed comments. Prior to making the changes to the plans
and/or documents please read the attached Submittal of Corrected Plans form. This
form contains important information relative to amending documents and submitting
corrected plans and/or documents. Questions regarding the comments may be
directed to the reviewer named above. If a conference is necessary, please schedule
an appointment with the reviewer.Blease>nOtethat additional comments may be
generated following staff revieW>of th~amended plans. .Timely approval of your project
is dependent upon yourprompt and correc~resp(:mset()thejnformation provided in this
document. Find attache9, a form titled Submittal QfCor.,ected Plans, this document
shall be properly completEl9and stapled to the file copy ofthecorrected plans when
submitting them to the Planlil Analyst.
1- Based on the City Atlornev Nicholas Iqwelettetdate~,i\uqust1.~OOO. this permit
can not be aptlroved. The code's "qrandfather"provisi~n>~r~clu~e~>construction on
this nonconformina lot as same was purchasedaltertheeffeGtiVedate of the
ordinanceadobted on April 15. 1997.
Jose
2
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT
100 East Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
PLAN REVIEW COMMENTS
PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT
DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT. IT IS
RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO
ALL ASPECTS OF THIS DOCUMENT.
COMMENTS:
For permit application..number:
Project Name or Addre$$:
REVIEWED BY:
00-2544
Lot 4, Block 3, Lake Addn. to Boynton
Department andlor Division: Planning and Zoning
Name of Reviewer: Jose Alfaro
Trade:
Phone # (561) 742-6260 ex!.
Fax # (561) 742-6259
Date Started Review: 08124100
Type of Review: Single family building
Which Review:
COMMENT DISTRIBUTION:
[8] 1st o 2nd 03'" 04'" 0 Other __
Person identified on the application to receive comments:
Name
Phone #
Fax #
(area code:561)
(areacode:561 )
ext.O
Date(s) reviewer called:
Person who received the call
THE FOllOWING AREA SHAll BE FillED-IN IN THE PRESENCE OF THE PLANS ANALYST
AND/OR PERMIT CLERK:
COMMENTSIPLANS PICKED UP:
Comment(s) reed. by print name and date:
OR
PlanslComments reed. by print name and date:
Page 2 of2 I" 2nd 3"'4 Plan Review Comments for Pern... ApplicatL .. 98-
Your permit application and supporting documentation do not comply with the City of
Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install
the requested improvements the plans and documents shall be amended to show
compliance with the below listed comments. Prior to making the changes to the plans
and/or documents please read the attached Submittal of Corrected Plans form. This
form contains important information relative to amending documents and submitting
corrected plans and/or documents. Questions regarding the comments may be
directed to the reviewer named above. If a conference is necessary, please schedule
an appointment with the reviewer. Plea!>e notetnat additional comments may be
generated following staff revieW!)f thEl.amendegpfans.Timely approval of your project
is dependent upon your prompt arid correctresponsetothe information provided in this
document. Find attacheg, a f()rmt~ledSlJbmittll.lclfC~I'~cte.d Plans, this document
shall be properly completedand.stapled to the file copy ofthElieorrected plans when
submitting themtothe PI/lns Analyst.
1- Based on the CiN Attornev Nicholas lowe letter dated Auqust 1.2000. this permit
can not be aOQroved. The code's "orandfather" provision precludes construction on
this nonconformino lot as same was purchased after the effective date of the
ordinance adopted on April 15. 1997.
Jose
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ItNUTES - CITY COMMISSION REGULAR MEETING
80YNTON BEACH, FLORIDA
MAY 3, 1988
LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 88-17
Re: Proposed Zoning Regulations - Implementation of
E & A Report recommendations
City Attorney Rea read proposed Ordinance No. 88-17 on
second and final reading by title only:
.. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES APPENDIX A -
ZONING, BY AMENDING SECTION 1 TO CREATE NEW DEFINITIONS:
AMENDING SECTION 3 REGULATIONS AND MAP, SUB-SUBSECTION A,
OFFICIAL ZONING MAP, SUBSECTION 3. ESTABLISHMBN'l' OF ZONING
DISTRICTS, BY INCLUDING NEW ZONING DISTRICTS THEREIN AND
CREATING A NEW SUB-SUBSECTION 7. DELINEATING THE APPLICATION
OF ZONING REGULATIONS TO ADOPTED PLANS AND DESIGN GUIDELINES
AND CREATING A NEW SUB-SUBSECTION 8. DELINEATING THE
APPLICATION OF ZONING REGULATIONS TO OTHER DEVELOPMENT
REGULATIONS WHICH ARE MORE RESTRICTIVE: AMENDING SECTION 4.
GENERAL PROVISIONS, SUBSECTION N. PERFORMANCE STANDARDS BY
CREATING A NEW SUB-SUBSECTION 11. RELATING TO PERFORMANCE
STANDARDS FOR HAZARDOUS MATERIALS AND HAZARDOUS WASTE:
AMENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE
PROVISIONS SUB-SUBSECTION H. AG. AGRICULTURAL DISTRICT BY
CREATING A NEW SUB-SUBSECTION lA. REQUIRING ENVIRONMENTAL
REVIEW PERMITS FOR CERTAIN PERMITTED AGRICULTURAL USES:
AMENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE
PROVISIONS SUBSECTION I. REC. RECREATION DISTRICT BY
CREATING A NEW SUB-SUBSECTION 1.B. REQUIRING ENVIRONMENTAL
REVIEW PERMITS FOR CERTAIN RECREATIONAL DISTRICT USES:
AMENDING SECTION 5. RESIDENTIAL DISTRICT REGULATIONS AND USE
PROVISIONS SUBSECTION J. PU PUBLIC USAGE DISTRICTS BY
CREATING A NEW SUB-SUBSECTION lA. REQUIRING ENVIRONMENTAL
REVIEW PERMITS FOR CERTAIN USES WITHIN THE PUBLIC USAGE
DISTRICT: AMENDING SECTION 5. RESIDENTIAL DISTRICT
REGULATIONS AND USE PROVISIONS BY CREATING A NEW SUBSECTION
K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS, TO CONSIDER ALL
PLANNED UNIT DEVELOPMENTS AS A ZONING DISTRICT ON THE
OFFICIAL ZONING MAP AND TO SUBJECT ALL PUD ZONES TO THE
PROVISIONS OF THESE ZONING REGULATIONS: BY AMENDING SECTION
6. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS
SUBSECTION A. C-l OFFICE AND PROFESSIONAL COMMERCIAL
DISTRICT, BY CHANGING CERTAIN PERMI'l"l'ED USES, BY PROVIDING
ADDITIONAL CRITERIA FOR TUTORING AT NURSERY SCHOOLS, DAY
CARE CENTERS AND OTHER PRE-SCHOOL FACILITIES, BY PROVIDING
FOR MAXIMUM rm COVERAGE, AND BY PROVIDING FOR ENVIRONMENTAL
REVIEW PERMIT REQUIREMENTS: AMENDING SECTION 6. COMMERCIAL
DISTRICT REGULATIONS AND USE PROVISIONS SUBSECTION B. C-2
NEIGHBORHOOD COMMERCIAL DISTRICT, BY PROVIDING EXPANDED USES
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_NUTES - CIn- c;OMMISSION REGULAR MEETING
'YNTON BEACH~ FLORIDA
MAY 3, 1988
:THIN THE C-2 ZONE, BY REQUIRING ENVIRONMENTAL REVIEW
~RMITS, BY CREATING PROHIBITED USES, BY PROVIDING
;QUIREMENTS FOR THE SALE OF USED MERCHANDISE; BY AMENDING
O:CTION 6. SUBSECTION C. C-3. COMMUNITY COMMERCIAL DISTRICT.
~ PROVIDING ADDITIONAL USES, BY ELIMINATING CERTAIN USES,
~ REQUIRING THAT CERTAIN USES OBTAIN ENVIRONMENTAL REVIEW
ERMITS, BY DEFINING CERTAIN PROHIBITED USES, BY PROVIDING
EW CRITERIA FOR THE REPAIR AND SERVICE OF MERCHANDISE, BY
ROVIDING NEW CRITERIA FOR THE EXTERIOR DISPLAY AND STORAGE
)F MERCHANDISE; BY AMENDING SECTION 6. SUBSECTION D. C-4
;ENERAL COMMERCIAL DISTRICT BY AMENDING VARIOUS PERMITTED
lSES, BY REQUIRING ENVIRONMENTAL REVIEW PERMITS FOR CERTAIN
JSES, BY PROHIBITING CERTAIN SPECIFIC USES WITHIN THE C-4
JISTRICT; BY AMENDING SECTION 6. SUBSECTION E. CBD CENTRAL
3USINESS DISTRICT BY REQUIRING ENVIRONMENTAL REVIEW PERMITS
'OR CERTAIN USES: BY AMENDING SECTION 6 SUBSECTION F. PLANNED
~OMMERCIAL DISTRICT, BY REQUIRING ENVIRONMENTAL REVIEW
?ERMITS AND ALLOWING ADDITIONAL USES AND PROHIBITING OTHERS:
ay AMENDING SECTION 7. PLANNED INDUSTRIAL DISTRICT TO
?ROVIDE FOR ENVIRONMENTAL REVIEW: BY AMENDING SECTION 8,
SUBSECTION A. M-1 INDUSTRIAL DISTRICT TO REQUIRE
ENVIRONMENTAL PERMIT REVIEW: BY AMENDING SECTION 9.
ADMINISTRATION AND ENFORCEMENT SUBSECTION C. COMPREHENSIVE
PLAN AMENDING REZONINGS, BY ESTABLISHING A NEW CRITERIA FOR
THE AMENDMENT PROCESS TO THE ZONING REGULATIONS AND FUTURE
LAND USE PLAN BY ESTABLISHING NEW CRITERIA FOR THE MATERIALS
TO BE SUBMITTED WITH APPLICATIONS, BY PROVIDING LIMITATIONS
ON FURTHER CONSIDERATION WHICH ARE MORE RESTRICTIVE THAN
PRIOR CONSIDERATIONS: BY AMENDING SECTION 10. BOARD OF
ADJUSTMENT SUBSECTION B. POWERS AND DUTIES, TO ESTABLISH NEW
CRITERIA FOR VARIANCES TO MINIMUM LOT AREAS AND MAXIMUM
DENSITIES: BY AMENDING SECTION 11.1 NONCONFORMING USES AND
STRUCTURES BY REPEALING SUB-SUBSECTION C. NONCONFORMING LOTS
CREATING A NEW SUBSECTION C. BY PROVIDING NEW CRITERIA FOR
THE ERECTION OF A SINGLE FAMILY RESIDENCE -NOTHWITHSTANDING
CERTAIN LIMITATIONS IMPOSED BY OTHER PROVISIONS OF THESE
REGULATIONS: BY AMENDING SECTION 11.2 CONDITIONAL USES
SUBSECTION D. STANDARDS FOR EVALUATING CONDITIONAL USES BY
CREATING NEW SUB-SUBSECTIONS 11 AND 12, BY CREATING NEW
STANDARDS; AMENDING SECTION 11.2 CONDITIONAL USES SUBSECTION
F. CONTENTS OF THE CONDITIONAL USE APPLICATION
SUB-SUBSECTION S. SITE PLAN DRAWN TO AN APPROPRIATE SCALE
SHOWING THE FOLLOWING: o. BY PROVIDING FOR THE SUBMITTAL OF
ADDITIONAL INFORMATION: PROVIDING THAT ALL OTHER
DEFINITIONS, SECTIONS OR SUBSECTIONS NOT SPECIFICALLY
REPEALED OR AMENDED BY THIS ORDINANCE SHALL REMAIN IN FULL
FORCE AND EFFECT AS ORIGINALLY ENACTED; PROVIDING A
CONFLICTS CLAUSE: PROVIDING A CODIFICATION CLAUSE; PROVIDING
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,fZNUTES - CITY COMMISSION REGULAR MEETING
BOYNTON BEACH, FLORIDA
.
MAY 3, 1988
A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES."
Mayor Cassandra asked if anyone wished to speak in favor of
or in opposition to the proposed Ordinance. There was no
response. THE PUBLIC HEARING WAS CLOSED.
Vice Mayor Hester moved to adopt proposed Ordinance No.
88-17 on second and final reading. Motion was seconded by
Commissioner Marchese, and a roll call vote was taken by
Betty Boroni, City Clerk, as follows:
Commissioner Mann
Commissioner Marchese
Commissioneer Olenik
Mayor Cassandra
Vice Mayor Hester
Motion carried 5-0.
Aye
Aye
Aye
Aye
Aye
2. proposed Ordinance No. 88-18
Re: Amending Chapter 13 Licenses by adding a new
Section - Businesses that handle hazardous materials
or waste
City Attorney Rea read proposed Ordinance No. 88-18 on
second and final reading by title only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 13 LICENSES - ARTICLE 1. IN
GENERAL, BY ADDING A NEW SECTION 13-21.2. BUSINESSES THAT
HANDLE HAZARDOUS MATERIALS OR WASTE; TO PROVIDE FOR
REQUIRED HAZARDOUS MATERIAL AND WASTE INFORMATION ON
OCCUPATIONAL LICENSE APPLICATIONS: PROVIDING A SEVERABILITY
CLAUSE: PROVIDING A CONFLICTS CLAUSE: PROVIDING AUTHORITY TO
CODIFY: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER
PURPOSES. "
Mayor Cassandra announced that anyone wishing to speak in
favor or in opposition to proposed ordinance No. 88-18
could do so now. There was no response. THE PUBLIC HEARING
WAS CLOSED.
Commissioner Marchese moved to approve proposed Ordinance No.
88-18 on second and final reading, seconded by Commissioner
Olenik.
Mayor Cassandra asked how the City could control industry
in Boynton Beach that now has hazardous material. He
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MINUTES OF THE BOARP OF ADJUSTMENT MEETING HELD IN THE
BUILDING DEPARTMENT CONFERENCE ROOM, BOYNTON BEACH. FLORIDA,
MONDAY, ~ULY 14, 1986 AT 7:00 P. M.
PRESENT
Vernon Thompson, Jr., Chairman
George Ampol, Vice Chairman
Lillian Artis
George Mearns
Paul Slavin
Ben Uleck
Raymond Eney, Alternate
Danny O'Brien, Alternate
Alan Newbold,
Chief Plans Inspector
ABSENT
Robert Gordon, Secretary
(Excused)
Chairman Thompson called the meeting to order at 7:00 P. M.,
and introduced the Members of the Board, Mr. Newbold, and
the Recording Secretary. Mr. Eney sat with the Board, and
Mr. O'Brien was in the audience. Chairman Thompson
recognized the presence in the audience of Councilwoman Dee
Zibelli, Councilman Robert Ferrell, and Bob Fauser, an
interested citizen.
MINUTES OF JUNE 9, 1986
Mr. Mearns moved to accept the minutes as received, seconded
by Mr. Eney. Motion carried 7-0.
ANNOUNCEMENTS
None.
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COMMUNICATIONS
None..
01'.,0 nU~INESS
--------
None.
NEW BUSI"JESS
fas~_1!l05
Applicant/
Owner:
Goldie FiSher
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MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
Request:
Address:
Legal
Description:
JUl,Y 14, 1986
Relief from R-lA zoning requirement of 60 feet
minimum lot frontage to be reduced to 50 foot
lot frontage
Relief from 7,500 -square foot lot area to be
reduced to 6,625 square foot lot area
731 N. E. 8th Avenue
Lot 44, Block 4, LAKE ADDITION TO BOYNTON,
recorded in Plat Book 11, Page 71, Palm Beach
County Records
Mr. Slavin read Fact #4 from the fact sheet, which stated
one year is required before a subsequent application affect-
ing the property can be filed. The same variance was denied
on November 4, 1985.
Mr. Slavin moved that Ca5e #105 be 90stponed until
November 10, 1986 at 7:00 P. M. Mrs. Artis seconded the
motion, and the motion carried 7-0.
Case #104
Applicant/
Owne r:
Request:
Address:
Legal
Description:
Boynton Leisureville Community AsSOC., Inc.
Relief from APoendix A-Zoning,
Section ll-H-16-e (1), (4), (5) (12) (b). (c).
(d) and (e) requiring a total of 188 oarking
spaces for a swimming pool, outdoor athletic
courts, golf courses, and condo~inium recre-
ation buildinqs to be reduced to 52 parking
spaces currently 9rovided. ~lterations to
Leisureville Clubhouse Section 10.
1807 S. W. 18th Street
parcel J. Tenth Section of Palm Beach Leisure-
ville, ~s recorded in Official Recor0.s Book
2408, page 1097, public Records of P?lm [;eac"
County, Floridil
Chairman Thompson read the six criteria the Board bases its
decisions upon. They also base their decisions upon what
they see when they go out on the site. Many times they find
the City has placed a hilrdship because of upgrading the
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MINUTES-BOARD OF ADJCSTMENT
BOYNTON BEACH, FLORIDA
JULY 14, 1 QP6
property, or the County has taken rights-of-ways. They also
see whether it is a self-imposed hardship.
Chairman Thompson pointed out that this Board is not a
majority Board. It is a voting Board of seven Members. Acy
five Members voting in favor of the vari3nce will grant the
request, and any three negative votes will deny the request.
Acting Secretary Slavin read the appli~ation and the responses
to the six questions in paragraph 5.
There were a lot of people from Leisureville in the audience.
As many people were involved. Chairman Thompson said if they
had something they should know, the Board would like to hear
from them. However, he warned that he would stoo them if
the same thing was repeated and repeated by different oeoole.
If there were two or three representatives. the Board would
appreciate hearing from them, and if someone else had some-
thing to say, the Board would then hear them.
wilbur J. Lynch, president, Boynton Leisurevillc Community
Association, said he lives at 1912 S. W. 16th Avenue. He
did not have much more to add to their request. However,
the survey was filed with Betty Baroni, City Clerk, on
June 25th. He had a copy of the new survey, it the Members
had not seen it or wanted to see it.
As they said in their application, Mr. Lynch affirmed th~t
the 892 homes are there. The clubhouse will not be used by
~ny more people. They are going to use the rooms for multi-
purpose rooms so they can get some of their activities that
are now in the main hall, using up hundreds of dollars of
air conditioning, into smaller rooms. This will not impact ~
on any more useageof the clubhouse", but will give 1110re roo~
for them to spread out, ~nd will give more room for the
smaller activities.
Mr. Slavin asked what year the clubhouse WaS built. Mr.
Lynch answered t~at it WaS built during 1975 and 1976.
ttlouqht they onene~ it ~p for vs~ in December ~f 107(.
Slavin wondered what t~e Codes 011 parking 593CPS ~~re
1973. 1974, 3nd 1975, To him, it sounded like it waS
f3thered in, where the.' inherited somethinq from the
developer.
He
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qrwd-
By today'~ standards, the fact ttlat they were adding footage,
and the footage requires .IX" amount of parking spacps,
according to the t~otaqe, Mr. Slavin said the pl)rmit was
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MINUTES-BO~RD OF ~DJUSTMENT
BOYNTON BE~CH, FLORID~
JULY 14, 1986
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denied. He asked if Mr, Ndwbold had the Code dating back
ten or 12 years on parking spaces, Mr. Newbold did not have
that Code with him, but referred Mr. Slavin to the Fact
Sheet.
Mr. Slavin read Fact #3, which said that prior to ordinance
#75-19, which was adopted on June 3, 1975, there were no
parking standards for" recreation buildings in a Planned Unit
Development (PUD) zone, other than what was approved by the
Planning and Zoning (P&Z) Board (ordinance f2-9), He
pointed out that "62-9" meant the Ordinance wa~ adopted in
1962, and it waS his opinion that this waS grandfathered in.
Chairman Thompson pointed out that there has been a big
change here, and he did not think a change could be grand-
fathered in. Here. they were asking to change something.
If it could have been approved as grandfathered in, Chairman
Thompson thought perhaps the Building Department would have
made that decision earlier. Mr. Slavin disagreed. saying
the Building Department could not make any decision if it
waS contrary to the Code. That was why the aoplicant waS
here.
Mr. Slavjn ~aid it waS true the addition waS being made to
the clubhouse proper. ~ccording to the new Code, So much
parking space is required for so much footage. Mr, Slavin
read from a memo, dated June 2, 1986, to Edgar E. Ko~ell,
Building Official, to Bert Keehr, Deputy Building Official,
that under the existing parking sections the Leisureville
Section 10 clubhouse and other facilities require the number
of parking spaces listed below:
Total Required Spaces
110
32
1
36
9
188
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1. Clubhouse
2. Two pools
3. Shuf fleboard
4. 9 ho+e golf cour<;e
5. prooosed addition
Mr. Slavin said that was as of today's Code. Chairman
Thompson brought out that most cases that are grandfathered
in are usually settled before they get to the Board. This
case w~s checked out thoroughly ~nd was not grandf~thered
in. Mr. Slavin thought maybe he was thinking of what hao-
pened in other deve:opments here. What he waS ~~r~in~ at
was, say they put 72 parking spaces in an BO unit bu.:.ldinq.
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MINUTES-BO~RD OF ~DJUSTMENT
BOYNTON BE~CH, FLORID~
JULY 14, 1986
Mr. Slavin told Mr. ~mpol the OrdinRnce today came in 1975.
According to the Fact Sheet, The Ordinance at that time was
adopted in 1962. It specifically states that i: it met with
the approval of the P&Z Board. it was good. Mr. Slavin
stressed that it is a PUD development. No new buildings are
coming in there, and there will not be any in~reased
density.
Councilman Ferrell said he and Councilwoman zibelli had to
attend another meeting, but he wished to speak in favor of
the variance. He thought the bottom line was the actual
impact for the number of square feet of the addition, which
is already within the existing structure and is not that
significant a change.
Councilman Ferrell was not sure of the square footage in the
addition but, in itself, he thought it was only enough to
maybe justify, if the City had a stricter Code, the space on
the addition, which would be quite a small number of parking
spaces. He estimated about six or seven spaces just for the
addition itself. What has happened was that the whole thing
has come under the new Code all of a sudden. He did not
think the impact would be different because the number of
people that live there is the same, and the use will be the
53me.
Councilwoman Zibelli wished to ditto Councilman Ferrell's
comments.
Leo Feinstein, 1390 S. W. 17th Avenue, got the impression
that the people on the Board think they are expanding the
clubhouse. They are not expanding as much as 1/2 an inch.
Mr. Feinstein said they have the walls and want to put a
ceiling on them ana-windows. That is 311 they are doing. ~
Chairman Thompson did not think anyone on the Board was under
that impression. The Members agreed. Mr. Feinstein's point
waS that everything will be within the walls that are already
existing on the building.
Chairman Thompson reiter~ted his prior comments ~bout
whether it should be grandfachered in, ~nd askpd if ~nV8nn
~lse wished to soeak in favor of granting th~ reqU?5t.
There was no response.
Chairman Thompson asked if anyone wished to spe~k against
yr~nting the variance.
Danny O'Brien, Alternate Member of the Board, said the club-
house is grandfathered .n with 52 existing parking spaces.
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MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JU1,Y 1.4, 1986
since it h~s been built, he h~s gone
times eV0ry year, and knows that not
once in awhile, there are times when
problems.
by the clubhouse a few
very often, but every
they have parking
Mr. O'Brien said the Board waS faced with the question of
the applic~nts enclosing what he calls decor~tive walls, The
applicants were adding 875 feet, which would require roughly
nine more parking spaces. The Members looked at the survey.
On the blueprint, Mr. Lynch said the walls are "bearing
walls" and not decorative walls.
Mr. O'Brien thought a study should be made wherein, with the
green areaS around there, they would be able to accommodate
the nine additional parking spaces, which he did not think
had been addressed. He did not think the applicants should
be required to put in the parking required for their exist-
ing square footage but felt they should out in the parking
required for the additional square footage.
Mr. O'Brien knows how the parking symetrics of the golf
course are, and he did not think the applicants had exhausted
every possibility. Although he was not looking at nine
parking spaces, he thought they could put in at least five
or six parking spaces. If the applicants were going to say
they were closing in bearing walls, Mr. O'Brien said in the
future, the Board will have to look at any existing building
in the City of Boynton Beach that comeS in for expansion,
no m~tter whether they are enclosing a carport, etc,
Mr. O'Brien felt the Board would be setting a precedent and
asked the Board to consider that the applicants be required
to have nine parking spaces for the 875 square foot addi-
tion. He pointed ~t that they are way under the present
day Code, but was not saying they should be penalized for --
that. Mr. O'Brien was saying the Board should make the ~
~policants meet the Code for the addition they were putting
on the clubhouse because if he would come in tomorrow, have
a business downtown, and want to close in 500 square feet,
he would have to put in additional parking spaces. If the
Board woutd a t low t,ds, ~Jr. 0' \3r ien S<1 id t hey would have to
allow him to do it for his downtown business. H~ ~s~~(l t",0
Board to consider what they were stepping into.
Mr. OIBrien recommended th3t the Board post~one this so the
~pplicants could go back and see what they can really do.
He brought out t~at they were coming in with a plan and say-
ing they cannot put in any additional parking 30aces. Mr.
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MINUTES-BO~RD O~ ADJUSTMENT
BOYNTON BEAca, FLORIDA
JULY 14, 1986
O'Brien walked the site on Saturday, July 12, and said they
cannot put additional parking in there without interrupting
the golf course.
Mr. O'Brien again asked the Board to realize the ramifica-
tions they would be running into if they did not ask th~
applicants to come back in and sho~ ':hey had exhausted all of
the possibilities of meeting part of the Code. They could
say they are grandfathered in with the clubhouse as it is,
but they want to add 875 additional square feet, and they
can ask for a variance from nine parking spaces for the 875
square feet to five parking spaces, along with the variance
of not bringing it up to Code. Mr. O'Brien thought then,
the Board would not be setting a precedent.
Chairman Thompson asked if the nine parking spaces Mr.
O'Brien was talking about would be in addition to the 136
spaces the applicants were asking for. Mr. O'Brien answered,
"No." Mr. O'Brien was saying the applicants should ask the
Board to waive what happened in 1975, but the applicants were
asking for an addition to the clubhouse, Which would require
nine more spaces. He told the Board to give the applicants
what they had there for 11 years and then give them a variance
on the addition, if they do not require the parking apaces.
What M.. O'Brien meant was that it was really a double sided
question.
Mr. Slavin pointed out that the Building Department rejected
the application in total. Mr. O'Brien's recommendation was
something entirely different. Mr, Slavin asked if the aopli-
cants should come in with a new proposal, say they do not
have room for the nine parking spaces, and the Board could
work on that and table this (so the applicants will not be "-
encumbered with another Eiline fee), or should the Board ~
proceed with the or~inal request, .
In Mr. Slavin's opinion, the applicants might not be adding
any more space to the building, but they were converting
footage to useable space, which had never been there before.
According to the Code, that useable space would require nine
parking spaces. To take the whole ball of wax the W1~r tile
applicants prooose~ it was on., ~hing, but if they wanted to
break it down, .s Mr. o'BriEn suggested, that would be
another thougnt. Mr. Slavin said the question was how tpe
Board felt about it. He thouqht the people of Leisureville
were also entitl~d to consider~tion. This was not an
arbitrary Board, and Mr. Slavin pointed out that they are
also not unilateral.
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MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 14. 1986
Mr, O'Brien informed the MeMbers that he daes not own a
building in the downtown and was using that as an example.
Chairman Thompson advised that each case is based on its own
merit. Mr. Slavin added that no precedents are established
by the Board.
Mr. O'Brien wished to explain it at a different angle. The
apolicants are enclosing what is now open. They will add
875 square feet of floor area, as defined in the Building
Code of the City. Once they add that 875 square feet, Mr.
O'Brien said the applicants are required to provide certain
amenities. He repeated prior statements and then emphasized
that the applicant has not shown him any way that they could
have added one parking place. In other words, they are not
asking for the minimum variance but are asking for the maxi-
mum.
Mr. Slavin stated that WaS what he said when he said the
application was rejected in total by the Building Department,
the way it waS presented. The applicants came here for
relief. The question was whether the Board should go by the
one package or break it up into units.
Chairman Thompson advised that the Board had to act on the
request only and could not deal with anything else. They
were not to read anything else into the request. Chairman
Thompson asked if anyone else wished to speak aqai~st the
granting of the variance. There was no response.
Acting Secretary Slavin read a letter dated July 1, 1986,
from ~lice T. and Rolland U. Michelin, 1719 S. W. 18th
Street. Mr. and Mrs. Michelin hoped the Board would allow
the variance to reduce the parking spaces to 52, as currently __
provided. They wr~ that rarely is the parking area :ille~
and to require 188 spaces would be a big waste.
Acting Secretary Slavin also read a letter from Veronica
Rose and John J. WalSh, dated July 10th, which urged that
the Board grant the requested relief. They expressed their
approval of the alterations to the clubhouse, thst re9re-
sent an improv'2ment to Le i su:-evi lle Section 1'~:1 f \.';~;.Lch
reflects credit on the City.
Chairman Thompson sa~d Leisureville was asking the BOnrd to
grant a variance for 136 parking spaces. He did not think
it was the Board's concern whether anyone would like to give
up a golf course for more parking spaces.
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.
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MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 14, 1986
Mrs. Artis brought up the fact that there were no parking
standards for recreation buildinqs prior to June 3, 197,.
She felt this was a hardship imposed by the City because of
the adoption of Ordinance #15-19. Vice Chairman Ampol
agreed that the hardship was created by the City and not by
Leisureville.
Mr. Mearns commented that it has existed all of this time
with the parkinq spaces they have now with obviously no big
problem. He felt it was the applicants' own problem if they
did not have adequate parking because it waS for the utili-
zation of the property owners. He also agreed with Mrs.
Artis.
At the outset, Mr. Slavin recalled he said the applicants
were adding, and he was told that it was not so. Be pointed
out that they actually are adding additional, useable
footage. If anyone wanted to deal on schematics, they had
the space and were closing it in. Mr. Slavin remarked that
this was built in the heyday of the developer's power.
Chairman Thompson did not think this was a hardship created
by the City. At that time, the City made a decision that
waS acceptable by the developer. In other words. Chairman
Thomason said it could be used as it is now for ~nother 100
year;, so the City did not create a hardship, and thAY were
not saying the applicants could not use their property.
Chairman Thompson has always gone along with additional
space at clubhouses because most people walk from where they
live in the area to the clubhouse. Not having a place to
park and having to walk could be a hardship in itself.
Chairman Thompson reiterated that he did not think this wa~ A-
a City imposed har~hip because they were not being denied ~
the use of their property.
Mrs. Artis's reason for saying hardship was because there
~ad been no standards. Had t~ere been standards at the time,
there would have been sufficient parking spaces. What they
have is far below what the ordinance calls for now, and Mrs.
Artis explained,
~s the building stands now, Chairman Thompson said they
could use what they hav~. They were here because they wanted
more space. When you do th3t, you have to come up to Code,
Mr. Slavin Gaid the developer's guidelines were the Planning
and Zoning (P&Z) Board'a Ordinances of 1962. The site waS
- 9 -
.
.
MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
,JUI,Y 14, 1986
approved with 52 parking spaces. While the overall square
footage is the same as when it was a Planned Unit Develop-
ment (PUDI, all they are doing is creating more workable
footage. Because of that, they went to get a permit, and
the Building Department had to go by the Code. Mr. Slavin
agreed that the City did not impose a hardship on the appli-
cants, and he elaborated. He referred to the golf course
and asked what they would take away from the Senior
Citizens.
Mr. Slavin alluded to the seminars Board Members have
attended and expounded on how the applicants want to improve
their life. He felt the Board had to work on the entire
package, accept, reject, or give the applicants an alter-
native, if they feel they can put in nine more parking spaces
to accommodate the additional workable footage, and table
this until the next meeting of the Board_ Usually, the
Board does not have alternatives, but in this issue, there
appeared to be one.
Chairman Thompson thought perhaps there was a hardship then,
and there is one now. He referred to parking spaces for
clubhouses. There was discussion.
Mr. Slavin remembered in the past, they had issues where
they tabled requests and set dates for completion, He asked
Chairman Thompson if he thought the Board could tell Leisure-
ville they were sure they could find nine spaces, and this
should be tabled, so they could come in with a new request.
Chairman Thompson reolied that the Board had to work on
what it had, and added that it waS not a policy of the Board
to table business at hand.
~
Mr. Slavin moved ~at the request.for variance be granted-.r
for the following reasons:
1. When the clubhouse waS built, they worked on Codes dating
back to 1962. The amount of parking spaces provided for the-
footage of the clubhouse was acceptable to the P&Z Board at
thrtt tim8.
2. This beinq a PUD, there were no more apartlnents or homes
coming into the area.
vice Chairman Ampol seconded the motion. After reading the
motion, as requested by Chairman Thompson, Mrs. Ramseyer
took a roil call vote. The motion carried 7-0, and the
variance was granted.
- 10 -
.
.
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 14. 1986
NO MEETING OF BOARD ON A~u~t 11. 1986
Chairman Thompson asked if any Members expected to be out of
town at this time. This meeting was subsequently CANCELLED.
Case #105 - 731 N. E. 8th Avenue
Goldie FiSher
(CONTINUED)
Mrs, Fisher could not understand why she could not come
before the Board, Acting Secretary Slavin read a Memorandum
dated July 7, 1986, from E. E, Howell, Building Official, to
Chairman Thompson, which stated that the pre-'lariance com-
mittee requested that the case be postponed until the meeting
of November 10, 1986 because they discovered a previous
variance application on the property was denied. He then
read Fact 4 from the IIFACTS", which stated that Apgendix A,
Section lOH(I) requires a period of one year before a sub-
sequent application affecting the same property can be
filed. Mr, Slavin explained that was why the motion to
postpone the case was made.
A man in the audience informed the Board that they ourchased
the prooerty on June 10th of this year. Mr. Slavin informed
him that had no bearing on the Board. Chairman Thompson
said it used to be six months, ~ut now it is one year. Mr.
Slavin did not know who Mrs. Fi ,her bought the property from
but said, in all fairness, she should have been told ~bout
this. Mrs. Fisher commented that she had gone to a lot oE
expense.
PRESSURE ON MEMBERS
-
If the Members sometimes fp.el they are being pressured, ~
Chairman Thompson thought they had the right to bring it to
the attention of the;Board. Perhaps the Board can put it in
the record that they have been pressured by outsiders to
make decisions. Chairman Thompson told the M2mbers this
Board has the type of power that cannot be touched by any of
the Commi~sioners, Councilmen, or anyone else. He continurd
that the Courts are the only one3 that CRP tllrn the d,:ci-
sions of the Board. He did not [~el ~he ~embQrs should let
anyolle elsQ intluence them, alld h~ warned that it might
doub10 back some day.
Mr. Sl.vin stated that he had a coupl~ of calls and told the
callers he is one vot~r on the Bo~rd and votes the way he
Sees th0 material. Chairman Thompson and Mr. Slavin agreed
that this should b0 in the record.
- 11 -
~~t=
.
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MINUTES-BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
JULY 14, 1986
LAWSUIT
At a previous meeting, Mr. Slavin recalled a variance was
denied on a piece of property. Subsequent to that, the
property owners are suing the City of Boynton Beach. All of
the Members received a copy of the lawsuit, Mr. Slavin
inquired whether Mr. Newbold heard anything from the City
Manager's office regarding this.
By the Statutes, Mr. Newbold advised that a petitioner has
only one recourse if he is denied by the Board. Either he
waits a year, files again, and hopes his variance is granted,
or he decides to be heard in Court. The petitioner cannot
appeal the Board's decision to the City Council so he has to
appeal to the Court. Mr. Newbold told the Members not to
look at it as the petitioner just suing the City. The
petitioner is appealing the Board's decision to the Court.
Mr. Newbold said the Court will hear these things, and
there will probably be depositions. The Court may even rule
that the petitioner did not follow all of his remedies.
Mr. Newbold thought Mr. O'Brien made an interesting point
tonight. If the Board had denied the request, and the
Court listened to Mrs. Ramseyer's tapes, and it was 3 reason-
able alternative, they may have ruled that the administra-
tive decision of the City was a little gross. It went through
the Planning Department, the Building Official, and everyone
else. The decision could have been overturned because there
is a Section in Chapter 10 that says you can modify the
administrative decision.
Mr. Slavin said that was why he asked Chairman Thompson if
the Board could ma~ two balls out pf it, but the way it was
presented to the Board. it was either all or nothing. Mr..~
Newbold informed him that was the administrative decision
that came from the Building Official and the Director of
Planning.
When thp case the Board was speaking to comes before the
Court, Mr. Newbold said to assu~e t~0 guy had another alter-
native and did not have a hGrdshio. The City At~or~~y
ruled that the case was literally handled prooerly. The
Court might ~ccept the 2ity's rulinq, sustain both decisions,
and throw it out. That happened in a caSe at the City of
Riviera Beach.
- 12 -
.
.
MINUTES-BOARD OF ADJUS'rMENT
BOYNTON BEACH, FLORIDA
,JULY 14, 1986
~~~~t!E;NT
There being no further business to come before th. Board,
the meeting properly adjourned at 8:05 P. M.
q~J~r
patricia Ramseyer
Recording Secretary
(Two Tapes)
-
...
.....-
- 13 -
;
.
HDroTES - REGULAR CITY COUNCIL MEETING
BOYNTORBEACH, FLORIDA
PrOpose'd Ordinance No. 78-5 - Re: Amending Section 11.lC,
Allllendix A. Zoninll: Renlations. Relative Ron-Conform1n1l: Lots
Mr. Hoore read proposed Ordinance No. 78-5 on second reading
by caption.
FEBRUARY 21, 1978
Hayor Jackson asked it anyolUl wished to speak in favor of
Ordinance No. 78-5 and received no response. She asked it
aDYone wished to speak in opposition, and the following ap-
peared before the Council:
Mr. Dante Bernetti appeared .before the Council and advised
that he was speaking for the Homeowners Association of Laurel
Hills, Glen Arbor and Gordon Park. He stated that they appre-
ciated the Council's response to this matter and the proposed
amendment is a step in the right direction, but in their opi-
nion it does not go far enough. He explained how the lot
sizes should be met prior to the issuance of the building per-
mit. He submitted and read a suggested amendment.
Mayor Jackson informed him that if it was amended, it would
be considered as the first reading of the ordinance and would
cause a delay and Mr. Bernetti agreed and requested their
amendment to be considered as an alternative. Hayor Jackson
stated that it would be logical to pass the ordinance as read
and take the proposed amendment under consideration after the
City Attorney reviews it and Mr. Hoore agreed this would be
the orderly way to go. Mr. Hoore clarified that they wanted
it further amended in this manner and Mr. Bernetti replied
that they think it should be replaced with their. proposed
amendment. He explained how the only thing different was
the fourth item which had effect on the retroactivity. Mr.
Hoore referred to a lot of thought having gone into this
ordinance and explained how the rights of the people were
considered. Mayor Jackson suggested completing the hearing
and taking this proposed amendment under consideration and
having the City Attorney give a recommendation at the next
Council meeting.
Mr. Caldwell questioned the source of the proposed amendment
~d Mr. Bernetti replied that they retained the fir.. of
Boose and Ciklin. Mr. Caldwell clarified that they feel
there is a legal basis for the retroactive basis. This would
be an amendment to the proposed amendment. It seems silly to
pass something with the strong potential of changing it in
short order. Possibly it would be advantageous to table
Ordinance No. 78-5 pending Mr. Hoore' s review of this and
the Council's review of. the ordinance. He thinks due con-
sideration should be afforded this.
Mr. RQmond Titman, 1115 R. w. 8th Street! appeared before
the Council and requested Ordinance No. 7~5 to be tabled
long enough for the Council to give the alternative ordinance
their full consideration.
"4
~
I
I
I
f
I
-5-
MINUTES _ REGULAR CITY COUNCIL MEETING
BOYR'rON BEACH, FLORIDA
FEBRUARY 21, 1978
Mr. Harmel'11ng stated it seell}S if we table it, we are defeat-
ing our purpose. This was discussed and the amendment was
prepared. There is a 50 day moratorium on the issuance of
perm1ts for 50 ft. lots. We have gone about as far as we
can, but this may be better. However, he thinks we should
pass this ordinance and at the next meeting,. we can amend it
if we approve this additional language. Mr. Caldwell ques-
tioned the rush and Mr. Harmening replied that we should at
least close the door part of the way. We tried to give the
people as much rel1ef as we could by Ordinance No. 78-5i but
if we table it, we have not accomplished much. Mr. Roberts
referred to there being a lot of requests to close the door
and stated that one way is to pass the ordinance. He ex-
plained how he did not see how we would accompl1sh the pur-
pose by stopping it, but can amend it at a future date.
Mr. Harmening moved the adoption of Ordinance No. 78-5 on
second and final reading, seconded by Mr. DeMarco. No dis-
cussion. Mrs. Padgett took a roll call vote On the motion
as follows:
Councilman DeMarco
Vice Mayor Harmening
Mayor Jackson
Councilman Roberts
Councilman Caldwell
- Aye
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
Mr. Caldwell moved that this proposed ordinance be looked
into and exam1ned and brought before the COWlCll at our next
regular Council meeting, seconded by Mr. Roberts. Under dis-
cussion, Mr. Harmening suggested that the City Attorney give
the Council his view and comments on this amendment as soon
as possible and considerably prior to the next meeting, so
we have his input and we can notify Mr. Kohl whether to pro-
ceed. Mr. Caldwell included this suggestion in his motion,
seconded by Mr. Roberts. Motion carried 5-0.
PUBLIC HEARING
Parcel #1 - Abandonment ReQuest
Description: That Portion of S. W. 2nd Street Lying
Between Lot 19, Benson Heights Subdivi-
sion and Lot 8, Westchester Heights Sub-
division
Applicants: Fred and Laura Benson
Carl and Mary Shuhi
Mayor Jackson asked if aJJ70ne wished to speak in favor of
this abandonment.
. -~~.._--
_._'"'~-
-"'..-'--.----'-' -
MIBUTES _ REGULAR CITY COUNCn. MEETING
BOYNTON BEACH, FLORmA
MARCH 7, 1978
.be some difficulty and referred to the planners projectiDgthe
center of town to be Congress Avenue with the population
growing faster westward than northward and suggested possibly
a land swap could be arranged in the future for the school.
He would have no objection to it if it comes down to that.
Mayor Jackson referred to the legality and Mr. Moore replied
taat he was not disturbed at this point as the representative
from the School Board said they feel it will be worked out.
Mr. Harmening suggested discussing it at a later date if an
agreement is not reached.
Abatement of Hazardous Conditions
Description: Palm Beach Country Club Estates - Lots 23
and 24, Block 2
Location: North Seacrest Boulevard
Owners: Douglas L. & James L. Freeman
Mayor Jackson asked if anyone wished to speak in favor of
this abatement and received no response. Mr. Moore referred
to the City processing this and advised that the purpose of
the hearing is for the owners to show cause why we should not
proceed. Mayor Jackson asked if anyone wished to speak against
this and received no response.
Mr. Roberts moved to instruct the City Manager to proceed
with this abatement of hazardous conditions at Palm Beach
Country Club Estates, Lots 23 and 24. Block 2, owned by
Douglas L. & James L. Freeman, seconded by Mr. Harmening.
No discussion. Motion carried ;-0.
LEGAL (Cont.)
Ordinances - 1st Re.d1nlt (Cont.)
Proposed Ordinance No. 78- Re: Amendment Pertaining to Non-
Conforminlt Lots
Mayor Jackson referred to ~~. Moore being requested to come
back with a recommendation and Mr. Moore referred to the pass-
age at the recent ordinRnce eliminating most of the problems
and advised that the intent of this amendment would not allow
a man to use an individual plattlld lot not meeting standards.
Mr. Roberts referred to the ordinance passed giving the right
to build to an owner of a platted lot, but if the ownership
changes, he would be stuck with it or have to apply for relief.
He does not see any reason for denying anybody the right to
build on a lot already platted and thinks we have done our
part by shutting the door on further development excep~ on
those already in existence. Mr. DeMarco agreed and suggested
leaving the law as it is for the time being to see how it
works. Mr. Caldwell stated he was concerned with the possi-
bility of an individual owning several 50 ft. lots and develop-
ing them in spite of upgrading the zoning throughout the City.
.
-13-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON. BEACH, FLORIDA
MARCH 7, 1978
Now we find ourselves in a situation saying we have gone so
far and not go all the way. He feels we are not demonstrat-
ing good faith to all the residents of the City. He suggests
considering this proposed amendment. Mr. Roberts asked if he
would divide three lots into two and Mr. Caldwell referred to
what the City Was trying to accomplish and asited if we were
upgrading neighborhoods or going to allow sections that were
platted without perhaps the best foresight to remain uncor-
rected according to the times in which we live. Mr. Roberts
referred to the legal ramifications and Mayor Jackson replied
that we would be taking action on something which has happened
already and ..she thinks we would be getting into a jam. Mr.
Moore referred to discussing this in depth and advised there
was an area of law in which this would interfere. Any restric-
tion on a man's right is under police power. They have the
authority to pass this amendment, but there are many cases
which caution him in advising that we could end up with rami-
fications and could with the one already passed. If an in-
dividual 50 ft. lot or sub-standard lot gets into ownership,
there are basic eases where you cannot deny a man the use of
the property.
Mr. Caldwell moved to adopt the proposed ordinance presented
to the Council by the residents of the Laurel Hills Homeowners
Association. Mayor Jackson ascertained this motion died for
lack of a second.
Resolutions
Proposed Resolution No. 78-R - Re: Demolition of Structure
and Clearing of Land in Conjunction with Community Develop-
ment Project
Mr. Moore explained that this was a demolition in conjunction
with the County on the premises located at 1309 N. E. Railroad
Avenue.
Mr. DeMarco moved the adoption of Resolution No. 78-R,
seconded by Mr. Harmening. No discussion. Mrs. Padgett
took a roll call vote on the motion as follows:
Councilman Roberts - Aye
Councilman Caldwell - Aye
Councilman DeMarco - Aye
Vice Mayor Harmening - Aye
Mayor Jackson - Aye
Motion carried 5-0.
other
-14-
~ ~t! :::::~' .1--.".....~ -~
~oi~DLt!T;y;;;.:..-.....aL\~. -
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA DECEMBER 6, 1983
,
There was discussion about sewer fees and who pays.
Councilman Cassandra thouqht those people who did not know
should be considered on their own merits.
,
1
~e
Councilman deLonq moved to waive the $250 hook up charqe,
seconded by Councilman Cassandra.
.p
,
3
City Manager Cheney advised that the law says it is a
person's responsibility to be hooked up and she could be
fined. There was no doubt about what Mrs. Van Deursen said.
City Manaqer Cheney asked what the Council wanted to do and
advised they were amending their past policies to people.
Councilman Cassandra wanted to make a special consideration
for this case.
There was more discussion as to how many previous cases
there had been.
Councilman deLonq asked for a roll call vote on the motion,
which Mayor Warnke requested Mrs. Kruse to take, as follows:
Mayor Warnke
Vice Mayor Zimmerman
Councilman Cassandra
Councilman deLonq
Councilman Wriqht
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
It was after 8:00 P. M., and Councilman Wriqht moved to
chanqe the reqular order of business and take the Public
Hearinq. seconded by Vice Mayor Zimmerman. Motion carried
5-0.
PUBLIC HEARING - 8:00 P. M.
~~
the Public Hearinq pertained to ~
be read later in the meeting. ! I ,,_ d,
speak pertaininq to the J ~
(
I
Mayor Warnke announced that
the M-l Ordinance that would
He asked if anyone wished to
Ordinance.
Mr. Harold Werqer, 719 N. W. 7th Court, Boynton Beach, was
concerned about chanqes being made in the M-l Ordinance and
read from the newspapers the definitions that the City wants
to add. He particularly made mention of the truss plant,
sayinq he lives in Laurel Hills. which abuts this industrial
plant.
Councilman deLonq interjected this was specifically to
protect the people in Laurel Hills and was done by distance.
--~~..~
_;;;MzBTING OF TaB CITY COtJRCJ:L BBLJ:);:i;\T
REGULAR'CITY COUNCIL MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 6. 1983
Anything mentioned by Mr. Werger could not be placed where
Laurel Hills is because they must be the proper distance away.
He asked Carmen Annunziato. city Planner. to clear this up.
Councilman deLong said this was started by the people from
Laurel Hills wantinq to be accommodated. which the Ordinance
does. Mr. Annunziato affirmed that was correct.
city Manager Cheney told Mr. Werger he could not understand
the whole Ordinance by the summary title of the Ordinance in
terms of the newspaper. The Ordinance is many pages lonq.
has been available for over 3 or 4 months. and Mr. Werger
would have to read the whole Ordinance to understand the
implications and the way Laurel Hills is beinq protected.
He reminded Mr. Werqer that Laurel Hills' Civic Association.
chaired by a former Chairman of the Planninq and Zoning
Board. is very involved in every meeting where this Ordinance
was discussed and totally understands and supports the
Ordinance as an Ordinance that will protect Laurel Hills.
Mr. Annunziato explained that the reason for the expansion
of the definitions was part of the problem the City had with
requlation. The problem they had with regulation was to
define exactly what the use is. By defining it, Mr. Annunziato
said it could then be regulated.
Mayor Warnke asked if anyone in the audience wished to speak
in favor of the proposed Ordinance.
Mr. stormet Norem appeared on behalf of the Greater Boynton
Beach Chamber of Commerce and stated that the Chamber took
a favorable position, supported the Council's recommendation.
and movinq ahead with the Ordinance.
~
Mr. Robert B. Nutter. Architectural Craftsman. III S. W. 8th
Avenue, Boynton Beach. has been here since 1970, and his
father has been here since 1956. They have been in the
cabinet business in this town since then. Mr. Nutter just
saw the Ordinance in the paper over the weekend and was
worried because he is contemplatinq a development in the
area near Laurel Hills. He wanted to know if this would
render that land absolutely useless for anythinq except
pasture land. If it does. it will ruin a beautiful piece of
property his father has had on East Industrial Avenue since
1956. Laurel Hills had only 4 or 5 houses at that time.
Mr. Nutter informed the Council that area has been industrially
zoned ever since he could remember. There is not much of it
left in the City of Boynton and Mr. Nutter said the City
has to do something about not shuttinq the business man out.
Mr. Nutter told the Council cabinet makinq. furniture
makinq. etc. are not a nuisance type thinq.
- 8 -
'M_._~_~._,
REGULAR CITY COUNCIL MEETING
BOYNTON. BE~Ca. FLORIDA
DECEMBER 6. 1983
As mentioned before. Mayor Warnke reminded Mr. Nutter that
the Ordinance is thick and has been gone over in public hear-
ings planning and Zoning Board etc. It ended up in favor
of the residences but helped the businesses establish what
they can under the distance regulations.
councilman deLong referred to Commerce Industrial Park off
east Congress Avenue. on both sides of 22nd Avenue, which
the Council is to approve.
City Manager Cheney said he will send a copy of the M-l
ordinance to Mr. Nutter so he can read it. He added that
Mr. Nutter can also talk to Carmen Annunziato. City Planner.
about the Ordinance and thought Mr. Nutter would be
convinced the Ordinance will not damage opportunities for a
cabinet business.
Mavor Warnke asked if anyone else wished to speak in favor
of the Ordinance. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Vice Mayor Zimmerman moved. seconded by Councilman Wright.
to revert to the regular order of business. Motion carried
5-0.
PUBLIC
if anyone else wished to speak. There
THE
Mayor Warnke recogni
County Commissioner.
City of Lake Worth.
the presence of Dennis Koehler,
Mark Foley. Commissioner from the
CONSENT AGENDA
Bids
1. Selling one (1) caterpillar.
year 1974. Serial No. llK6290
Public Works
Traxcavator.
is" condition.
The Tabulation Committee recommended awa
Robert F. Gooding. West Palm Beach, in th
ing the bid to
amount of $11.400.
2. Six Month Period for Various Custodial SU plies - Build-
ing Maintenance
- 9 -
.....,.
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 6. 1983
Motion carried 4-1.
proposed Ordinance No. 83-38A Re: M-l Light Industrial
zoning
Attornev Doney read proposed Ordinance No. 83-38A. by title
only. on first reading:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH. FLORIDA. AMENDING APPENDIX
A-ZONING CODE. OF THE CODE OF ORDINANCES. CITY OF
BOYNTON BEACH. FLORIDA. BY AMENDING SECTION 1.
DEFINITION OF TERMS. TO ADD THE FOLLOWING
DEFINITIONS: BULK STORAGE. SALE. OR DISTRIBUTIONl
FABRICATION 1 FURNITURE MANUFACTURINGl LUMBER STORES
AND LUMBER YARDS 1 MILLWORK 1 ON PREMISESl RETAIL 1
SALE OF GOODSl WHOLESALE: dBA: TRUCKING. TRANSFER.
OR MOVING OPERATIONl AND TRUCKS. BUSSES. FARM
EOUIPMENT. OR FARM MACHINERY - STORAGE. PARKING.
SALE. RENTAL OR LEASING: BY AMENDING SECTION 4.
GENERAL PROVISIONS. OF APPENDIX A-ZONING CODE TO
ADD A NEW SUBSECTION M. PERFORMANCE STANDARDS FOR
ALL USES LOCATED WITHIN THE CITY: BY AMENDING
SECTION 8. M-l INDUSTRIAL DISTRICT REGULATIONS AND
USE PROVISIONS BY REPEALING SUBSECTION A (1). USES
PERMITTED. AND (2). USES PROHIBITED AND BY ADDING
A NEW SUBSECTION A. (1) PERMITTED USES - NO
DISTANCE REOUIREMENT.. BY ADDING A NEW SUBSECTION
A. (2) PERMITTED USES - SUBJECT TO DISTANCE
REQUIREMENT. BY ADDING A NEW SUBSECTION A. (3)
USES REOUIRING ENVIRONMENTAL REVIEW PERMIT.. BY
ADDING A NEW SUBSECTION A. (4) CONDITIONAL USES..
BY ADDING A NEW SUBSECTION A. (5) PROHIBITED
USES.. BY RENUMBERING FORMER SUBSECTION A. (3)
BUILDING AND SITE REGULATIONS TO SUBSECTION A. (6)
BUILDING AND SITE REGULATIONS. AND BY RENUMBERING
SUBSECTION A. (4) OFF-STREET PARKING. TO
SUBSECTION A. (7) OFF-STREET PARKINGl AMENDING
SECTION 11.1. NONCONFORMING USES AND STRUCTURES.
OF APPENDIX A-ZONING CODE BY ADDING A NEW
SUBSECTION I. STATUS OF EXISTING USES REQUIRING
ENVIRONMENTAL REVIEW-PERMITS: AMENDING APPENDIX A-
ZONING CODE BY ADDING A NEW SECTION 11.3. ENVIRON-
MENTAL REVIEW PERMITS SETTING FORTH THE SCOPE.
INTENT AND PURPOSE. PROCEDURES. AND FACTORS AND
STANDARDS TO BE CONSIDERED BY ENVIRONMENTAL REVIEW
COMMITTEE IN THE REVIEW OF PERMIT APPLICATIONSl
PROVIDING A CONFLICTS CLAUSE. A SEVERABILITY CLAUSE.
AND PROVIDING AUTHORITY TO CODIFYl PROVIDING AN
EFFECTIVE DATE~ AND FOR OTHER PURPOSES."
- 25 -
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 6. 1983
Councilman deLonq moved the adoption of proposed Ordinance
83-38A on first readinq onlv. seconded bv Councilman Wriqht.
A roll call vote was taken on the motion bV Mrs. Kruse:
Mavor Warnke
Vice Mavor Zimmerman
Councilman Cassandra
Councilman deLonq
Councilman Wriqht
Ave
Ave
Ave
Ave
Ave
Motion carried 5-0.
Proposed Ordinance No. 83-49 Re: Annexation of a 10.13 acre
site currently developed - Lake Worth Christian School
Attorney Doney read proposed Ordinance No. 83-49 bV title
onlv. on first readinq onlv:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH. FLORIDA. ANNEXING A CERTAIN UNIN-
CORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE
CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL.
UPON ITS ANNEXATION. CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO
A PETITION OF THE OWNER OF SAID TRACT OF LAND.
REOUESTING ANNEXATION PURSUANT TO SECTION VII.
(NUMBER 32) OF THE CHARTER OF THE CITY OF BOYNTON
BEACH. FLORIDA AND FLORIDA STATUTE 171.0441 PRO-
VIDING THAT THE PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN
SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH 1 REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH1 PROVIDING A SAVINGS
CLAUSE 1 PROVIDING FOR ADVERTISING1 PROVIDING AN
EFFECTIVE DATE. AUTHORITY TO CODIFY: AND FOR OTHER
PURPOSES. ·
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Councilman deLong moved the adoption of proposed Ordinance
No. 83-49 on first reading onlv. seconded bV Councilman
wright.
A roll call vote on the motion was taken bv Mrs. Kruse:
Vice Mavor Zimmerman
Councilman Cassandra
Councilman deLong
Councilman Wriqht
Mavor Warnke
Motion carried 5-0.
Aye
Aye
Aye
Ave
Ave
- 26 -
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BARRYW. TAYLOR &
ASSOCIATES, P.A. AITORNEYATLAW
W)f:
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PLANNING ANO
ZONING OEPT
900 EA-ST INDlANToWN ROAD, SUITE 300' JUPITER, FLORIDA 33477 . (561) 745.0757. FAX, (561) 745.9252
June 30, 2000
Via Certified Mail 7099 3400 000516126607
Retum Receipt Requested and via Fax (561) 742-6259
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Michael W. Rwnpf, Director, pLnuung & Zoning
City of Boynton Beach
100 East Benton Beach Boulevard
P. O. Box 310
Boynton Beach, FL 33425-0310
R..: Lak Addition to Boynton Lat 37
Dear Mr. Rumpf:
please 1e advised that the undersigned represents palm Beach Golf Estates with regard
to the a10ve referenced matter,
It is my understanding that on or a10ut Apri121, 2000 my client submitted an
application for a 1uilding permit concerning the a10ve referenced lot, On or a10ut June
23, 2000, the 1uilding pennit was denied 1ased upon non,corrlonnance with Section
11.1(c)(l) of your ordinances adopted on April 15, 1997. I have reviewed the ordinance
and find that my client has complied with its conditions. Furthermore, portions of said
ordinance are am1iguous and may 1e unenforcea1le.
My client has reviewed your application of this ordinance and it appears that you
selectively enforce same in an arlntrary manner. Specifically you have issued pennits
concerning projects 1uilt 1y Ha1itat for Hwnanity at 1455 NW 5th Street and 412 NW
5th Avenue as well as 729 & 731 NE 8th Avenue, which contradict your ordinance.
I have in my possession a copy the original plans approved 1y the Plwnlnng, Electrical,
Mechanical and planning & Zoning Divisions of your Building Deparbnent. In fact, a
pennit nwn1er 001806 was actually issued, however, the Permit was not released,
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please take this letter as a formal notification that unless the huilding permit is
approved within five (5) days of your receipt of this letter, I have heen authorized to file
an action for injunctive relief hefore a Court of competent jurisdiction, to compel you
offices to issue the permit. Furthermore as a result of your improper actions, my client
is losing sales and will look to those responsible for its damages.
BWf/ji
cc:
client
(Haag. Mike .',.
To: Igwe, Nicholas
Subject RE: Nonconfonning lots
~(;~
-Original Message-
I Fr(ljji::I....t,licflOlas
Sent: Friday, July 14,
To: Haag, Mike
Subject: RE: Nonconfonning lots
Mike: I need you to search the files on these lots and provide me with deeds or
documents to detennine ownership of these lots. Specifically, I need to know when these
lots were obtained by the current owners. I need these done ASAP as the City has to
respond to developer's atty.
--ortglnal Message-
From: Haag, Mike
Sent: Thursday, July 13,2000 5:52 PM
To: Igwe, Nicholas
Subject: Nonconforming Iota
Nick,
We have the infonnation that you requested. Before we copy all the infonnation I
suggest that you look at it first. I have penclled-in 10:30 AM 7/14/00 to meet with you
about the infonnation, Is this time acceptable for you? 'MIere do you want to meet?
MikeH,
,.
Rumpf, Michael
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From:
Sent:
To:
Subject:
Haag, Mike
Tuesday, July 11, 2000 12:35 PM
Igwe, Nicholas; Greene, Quintus; Rumpf, Michael; Johnson, Don
Palm Beach Golf Estates (contractor) - nonconforming lot (711 NE 9th ave.)
The contractor resubmitted the house plans for permit application number 00,1806 on 717100 as the city requested, There
was one (1) outstanding comment from the building division regarding the subject lot not meeting our nonconforming lot
regulations with respect to lot width, The plans submitted on 717/00 did not address the comment. Today the contractor
called and asked for the outstanding comments, We reviewed the submitted plans and once a9ain generated the same
comment regarding noncompliance with our nonconforming lot regulations, Do you want us to Issue the comment to the
contractor?
As previously directed there is a HOLD (no action) on six (6) other house permits that the contractor has submitted that
have the same problem.
Your letter to Mr, Barry W. Taylor dated 7/3/00 indicated that if there were questions they should contact you, Do you want
me to tell the contractor to contact Mr. Taylor?
Mike H,
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..----._------- -----
~~- '----
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JULY 6, 1976
Tabulation Sheet. The affidavit has been mailed, but he has
n t received it yet. He would appreciate the award being made
su ject to receipt of the affidavit.
Mr. armening moved to award the bid for one Hurst Model 32
Rescu Tool to Firefighters Equipment Company in the amount
of $4, 3. Mr. Strnad seconded the motion. No discussion.
Motion ried 5-0.
None
LEGAL
Ordinances - 2 d Readin - Public Hearin
Proposed Or e 76-18 - RE: To Change the l'-1inimUIII Side Yard
Set Back Require ent APplicable to Buildings in R-1AAA Single
Famil Residenti District
Mr. Reed read prop sed Ordinance No. 76-18 on second reading
by caption only.
Mayor DeLong requeste anyone present in favor of this ordi-
nance to please step rward and state their reasons why. A
man in the audience as d in what way this was being changed
and Mr. Reed replied th t this was liberalizing the minimUIII
side yard setbacks in th R-1AAA zone. Mr. Kohl read Section
5AZ to give further clar ication.
Mayor DeLong then asked if one was opposed to this ordi-
nance and received no respon e.
Mr. Zack moved tor the adoptio proposed Ordinance No.
76-18, seconded by Mr. Strnad. No discussion. 11rs. Padgett
took a roll call vote as follow .
Councilman Harmening -
Councilwoman Jackson
Councilman Strnad
Vice Mayor Zack
Mayor DeLong
Motion carried 5-0.
Proposed Ordinance 76-19 - RE: To Add a New Section 11.1
Entitled Non-Conform1n~ Uses & Structures
Mr. Reed read proposed Ordinance No. 76-19 on second reading
by caption only.
C"__'__,~ ______---1-__.
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH. FLORIDA
JULY 6. 1976
.
Mayor DeLong asked if anyone present wished to speak in favor
of this ordinance and received no response. He then asked if
anyone wished to speak in opposition and the following ap-
peared before the Council.
Mr. Irving Kaplan stated his name and his address as 2840
South County Road, Palm Beach. He stated he would like to
know what this new section means and Mr. Kohl replied that
a copy of this ordinance was available downstairs and he re-
quested the Building Official to give an answer. Mayor DeLong
added th~t they were trying to eliminate applications before
the Board of Adjustment. Mr. Kaplan stated that he would also
like to know what it means to have a second reading and public
hearing on an ordinance and Mayor DeLong explained how it
meant what they were doing now. Mr. Howell then explained how
previously a 550 fee and application to the Board of Adjustment
had been required to put an addition on a non-conforming build-
ing. Nayor DeLong added that it was just liberaliz'ation in
favor of the property owners. Mr. Reed then explained how the
adoption of the new zoning code in June, 1975. had made many
buildings non-conforming and he gave an example of how this
applied to the side setback being non-conforming and building
being allowed in the rear.
Mr. Kaplan informed them that he built a commercial property
at 410 East Ocean Avenue which was completed on May 23, 1975.
and his certificate of occupancy No. 7054 was stamped ware-
house. Now he is under the impression with the interpretation
of C-2 zoning, that none of these bays can be used for a ware-
house any more. Mr. Howell replied that if there was a non-
conforming use at the time the zoning was passed, it would be
grandfathered. However, if the building is vacant for six
months, after that it would have to go into a conforming use.
Mr. Kaplan stated that this answered his question to a degree,
but he did not understand grandfathering. He referred to hav-
ing one bay empty over six months and asked if this happened,
it could not be a warehouse, but would have to conform to
what is now C-2. Mr. Howell explained how it applied to the
main use of the whole building. Mr. Kaplan informed them that
he has one vacant for a few months and had two prospective
tenants. but the leases were not signed as the businesses
were not allowed. Mr. Howell replied that if they were al-
lowed under the old zoning, it would have been allowed now.
Mayor DeLong suggested that he go back to the Building Depart-
ment.
~~. Zack moved for the adoption of proposed Ordinance No.
76-19. seconded by Mr. Strnad. No discussion. Mrs. Padgett
took a roll call vote as follows:
-5-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH. FLORIDA
JULY 6. 1 976
-
Councilman Harmening - Aye
Councilwoman Jackson - Aye
Councilman Strnad - Aye
Vice ~~or Zack - Aye
Mayor DeLong - Aye
Motion carried 5-0.
Fropo d Ordinance 76-20 - RE: Amending Sections 6(0)(2) and
6(D)( to Prohibit Sales Bazaar - Farmer's Markets, FJ.ea
or Thi ves Markets ::i"a Sho and Tra Posts
recommended the City Council to table this ordinance
ing & Zoning Board could consider it at a public
hearing a their next meeting and the City Council could then
consider i at their foJ.lowing meeting.
Mr. Strnad m ed to table proposed Ordinance No. 76-20 upon
the recommend tion of the City Attorney, seconded by Mr.
Harmening. Mo on carried 5-0.
Ordinances - 1st
Mr. Reed asked the City CounciJ. if they wouJ.d like these
ordinances read by aption only or in their entirety? Mayor
DeLong asked if it s legal to read by caption only and Mr.
Reed replied: yes. s. Jackson referred to them not being
that long and stated he thought that as many as pOSSible
should be read for the public and the members agreed.
Mr. Strnad moved for the adopt on of Ordinance No. 76-24 on
first reading, seconded by Mrs. Jackson. Under discussion,
Mr. Harmening stated that it see ed to him that it places an
undue burden on the absentee owne especialJ.y the portion
which says it must be kept in saf condition. The absentee
owner has no way of being advised der this ordinance if the
safety enclosure would become inope tive. He,would like to
see it changed to at least require t tenants or lessee to
notify the owner in writing of the de ctive closing mechan-
ism and for the owner to have a cert amount of time to
make this correction or improvements be ore he would be re-
sponsible. Mayor DeLong explained how h thought the land-
lord would be aware of something like thi when he collected
the rent every month. He suggested leavin it up to the City
attorney to judge whether the contents were sufficient enough
to do what it is intended to do. Mr. Reed r plied that he
-24 - RE: To Place Responsibility
Enclosures Around Swimming Pools
Proposed Ordinance No.
for Installation of Safe
U on Owner of Record
Mr. Reed read proposed Ordi
on first reading.
76-24 in its entirety
-6-
MINUTES - REGULAR C1TY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 7, 1978
Mr. Moore 'read proposed Ordinance No. 78-4. Mr. Roberts
moved the adoption of Ordinance No. 78-4 on first reading,
seconded by Mr. DeMarco. No discussion. Mrs. Padgett took
a roll call vote on the motion as follows:
Councilman DeMarco
Vice Mayor Harmening
Mayor Jackson
Councilman Roberts
Councilman Caldwell
- Aye
- Aye
- Aye
- Aye
- Aye
Motion carried 5-0.
Proposed Ordinance No. 78-5 - Re: Establishing Procedures
and Re~ulations for Use of Non-conform1n~ Lots
~r. Moore read proposed Ordinance No. 78-5 and clarified that
he had taken the existing ordinance and added this section.
He added that the basic effect is it protects people owning
non-conforming lots under the current existing ordinance, but
any sale of a non-conforming lot subsequent to the date of
this ordinance means that the person would have to acquire
additional land or obtain a variance.
Mr. DeMarco asked if this meant that an owner of a 50 ft.
lot could build on it, but could not transfer title and Mr.
Moore replied that a new owner could not build. Mr. DeMarco
stated that it was his thinking that the owner of one 50 ft.
lot could build whether the ownership was transferred or not
and ~r. Roberts replied that relief could be applied for from
the Board of Adjustment. Mr. Moore clarified that the person
who owns it now could use it; but if sold, the subsequent
grantee would have to apply to the Board of Adjustment. He
thinks the law is clear that a person cannot be stopped from
using a 50 ft. lot, but a variance would have to be obtained
to use it. Mr. Roberts referred to drawing the line some-
where and stated that this is the way as anybody with a lot
at the present time cannot be stopped; however, if somebody
buys it, he must take the chance of obtaining relief from
the Board of Adjustment. Mr. Moore added that it would also
be possible to buy additional footage.
Mr. Caldwell moved to approve Ordinance No. 78-5 on first
reading, seconded by Mr. Roberts. No discussion. Mrs.
Padgett took a roll call vote on the motion as follows:
Vice Mayor Harmening - Aye
Mayor Jackson - Aye
Councilman Roberts - Aye
Councilman Caldwell - Aye
Councilman DeMarco - Aye
Motion carried 5-0.
-12-
t
JUN-30-2000 13:56
t
P.01
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BARRY W. TAYLOR & _
elATES, P.A.
Indiantown Road, Suite 300
'ler, Florida 33477
(561) 745-0757
(561) 745-9252
TRANSMISSION COVER. SHEET
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Pis~~~~~t~~
DQte: June 3D, 2000
To: Michael W. Rumpf, Director
Planning & Zoning
/'flXN,,: (SI51) U1..(i259
Re: lAke Addition to Boynton Lot 37
Sender: Barry W. TaylOf'lMarilyn
YOU SHOULD RECEIVE ( J) PAGErs). INCLUDING THIS COVER SHEET. IF YOU IXJ
NOT RECEIVE ALL THE PAGES, PLEASE CALL (561) 745-0757 ,
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..... above. lith. reader of Ibis lDO&9Il!" is DOl tho intended r~" yvu .... tmeby nolifiod lbI! lI>lY diuemiDllion.
dialribuliGll or oopyial oflbia COIIIDIWIi""tion is atrictly prohlbilod Jfyou ~ Ibis oommlll1iCllliaa ill error. pleuc
notify !be ___ imlIIedialy by telephOllC 0IId relunIlbe oriainal mal. to the .~ above via U,!l. Mlil W. will
reimbune you Cor postaga udlor lelephouo _ts. 11uoaIc you.
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June 30, 2000
Via Certified Mail 7099 3400 0005 1612 6607
Return Receipt Reque.tecl..nd via F"", (561) 742.6259
Michael W, Rumpf, Director, Planninl<' & Zoning
City of Boynlon Beach
lOO Ea.t Benton Beach Bou1.v..rJ
p, 0, Box 310
Benton Beach, FL 334-25.0310
R.., Lake AJJiii<m /.(> B"ynt"", LAt S;
Dear Mr. Rumpf:
Plea" },'" "J,",ecl u,,,t the under..gneJ r"p....aenl$ Palm Be"e!. GnU Estates ..-ith regard .
to the .bo..e rcf"rctlcccl n\:lll.....
1-
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It i~ my unJer'hondin, th:l! on or "buutApril 21,200001)' elj"Il!. ~lIh...al"J '1l1 :, ~
applioauon for a builJinj! penni! cnncerni", the "bove refe,..,n",.J lut. 0" or "bout J utle r.
23. 2000. the ImilJiT'~ pennil w.,. J..-niecl b...~J up'''' mm...'Our"m,,,:,,,,' ""ill. S..et~un .
II, J (c)(1) of your orcllfl:ln<.-ea "JapLc.J on Aynit-lSl"1'997. r hn"" r"",,'wed the: "rJUl"..ee .
and find thal -my client ha. complied ,,-ith'ita conJilionll. FurLl,cru\(),,', JF':liona of sai : ':)
ordinance are ambiltunu. and raar he un""furee,,},\e. tXSSl ~ f.r~
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1'1y chent has revieweJ yo\1:l' ap"liaation of thia ordi..a..ce "nJ' npP$'..r~ th3t u
...lO!Clivcly ,,"fOT,,", Arne in an arbitrary mlln.,,,r, Spt'cifica ,/011 I...v" i......J penn~1$
concentini! project. !'uilt by H"J,itat for Hutl\"nity III 1 5 r-:w 5lh..SL"""t and 41 NW
5th AvtnuC! all wella.~ fJ 731NE SUi 1Wen")J!(: ....,hid. conu;,cli"t your .....\;nancc.
..,J/""" < I qqlf- r, I Cf87 ~~ .
1'\.."" in my poIl.....ion a th erie' 1 pIa... apprmoeJ 1,. ll,e l>lumLing, Rlecbic., .
Mechanic-.al ....d P!:tnmnl! >f z' . i.ion. of your 'Buildin, 1)""..1",,,,,1. In fact,
pemtlt nwnl>er 001806 ae..1 ..sued howcvcr, the Permil "'... ""I rt'leaaccl,
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CITY OF BOYNTON BEACH
REQUEST FOR PUBLIC RECORD INFORMAnON
t....
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REQUEST SUBMITTED BY:
NAME: M~ 7d/-'JE,
ADDRESS:
PHONE:
FAX:
(Above information is optional and not required from requesting person)
INFORMATION REQUESTED:
ORDINANCE # 7''''' -/~ 7~ -~ 7'8-5, 8/-...k) , 8.ft-.,aS 88-/7
RESOLUTION # '
MEETING MINlITES
Meeting & Date (entire set)
Meeting & D~~ onlyL
Other ~~:504&n /Jv e~:,~,dVZ_~~::: ~ '
NOTICI:
You are not required to ftll out thll form. ornce personnel arerequirecl to
compl_ thll form, If you ch_ not to.
1. You may inspect the requested records without charge unless the nature or volume requested
requires intensive clerical or supervisoly assistance in which case you will be advised of a special
service charge. (ExtensIve defined lIS taklng more than 15 minutes to locate, review for confidential
information, copy and re-fIIe the requested materllll) Department of Administration Hearing - FACC
12/97, Vol. XVII, NO.3)
2. Plain paper copies shall be fumlshed upon payment of 15~ if the paper is copied on one side and 20~
if the paper is copied on both sides.
3. Copies of mk:rOftche shall be furnished upon payment of 2S~ per page (a copy on one side O(;3the '7
paper only). , . 0 -I e (
4. certltlcatlon of documentations shaH be charged at $1.00 per document. ~ 1-e.6. J e
5. Used cassette tapes shall be furnished at a charge of $1.00 each.
1/'ZZ--OO -
Date of Request SIgnature of Requesting Party
9/2- 2./ 00 ~/--?cZ#L ~ ,/
Date Completed By Department Employee
Date Returned to CIty Cerk
Forwarded to CIty Dept.
Dati!
RevIsed 12/ 13/99
3MP ,:\SlVIllItlI\<<\wp\pl'oCeClureS for public ..-nI1nl'o.doc
Palm Beach County Property A . alf )roperty Search System
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Page 1 of2
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Palm Beach County Property Appraiser
Public Access System
..... Click Here
~GoTo
Menu
Owner Information
I Owner Name
IFAIRWAYISLES LTD
II Situs Address
lINE 9TH AVE
II Parcel Control Number
1108-43-45-21-32-003,0370
Confirmation Information
Subdivision: JLAKE ADD TO BOYNTON II Book:11 11 524 II page:IEJ Sale !Dec-1999I
Date:
Mailin~llpo BOX 541359 I~ LAKE ADDITION TO BOYNTON
LT37BLK3
Address:
I I I I
ILAKE WORTH FL 33454 I I I
1999 Certified Appraisal
I Improvement value:11 $011 Number of units:11
I Land value:1I $9,00011 Total Sq. Ft:11
I Market value:11 $9.00011 Acres:11
I Use Code:11 0000 II Description:IIV ACANT
01
I~ Extra Feature.... ..n
.001
II Petition No:lloooOOO
~)
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1999 Certified Tax
I Ad valorem:1I $219.7411 Assessed value:11 $9,000.00IU~.More... .. -0
I Non ad valorem:1I $0,0011 Exemption amount:1I $01
I Total:1I $219,7411 Taxable:11 $9,000.001
1999 Exemption
I Description: II
IExemption Holder:11
II cOde:IDUMom... $.0
II Percentage:1
http://www.co.palm-beach.fl.us/papaldetaiUnfo.asp?p _ entity=08434521320030370
7/3/00
The City of
Boynton Beach
.1\1 Jd- ~
~tr..
100 E. Boy"to" B.adI B_ltvard
P.O. BD%310
Boynto" B'MIt. F1<Irlda 33425-0310
Pff/u oj tIN City AffOI'Jl>ry
(561) 742-6050
FAX: (561) 742-6054
July 3, 2000
VIA FACSIMILE 561/745-9252
Mr. Barry W. Taylor
900 East Indiantown Road
Suite 300
Jupiter, Ronda 33477
Re: Lake Addition to Boynton Lot 37
Dear Mr. Taylor:
We have received your letter of June 30, 2000, regarding the City's denial of
your dlent's building permit on the above referenced lot. Please be advised that
this office received your letter today and would need additional time to review
the issues that you have raised. We will get back with you as soon as we have
addressed these issues.
Should you have any problems or concems with the procedures above, please do
not hesitate to contact me.
Very truly yours,
\~ C-tu.~c>? ~ ~
Nicholas 1. Igwe
Assistant City Attorney
NIC/mr
':An Equal Oppcrlunity/A/f;rmati.. Action/ADA Employer"
PALM BEACH GOLF EST-FAIRWAY ISLES,LTD
RECORDS OF OWNERSHIP
FROM PALM BEACH COUNTY APPRAISER RECORDS
APPL. LOT# DATE DATE PRESENT
DATE PERMIT # PURCHASED SOLD OWNER
4-20-00 37 12-99 4-12-00 GAYHART
00-1806
6-2-00 7 11-99 5-17-99 NORMAN CONST.
00-2543
6-5-00 9 11-99 5-12-00 NO~DYISLESLTD
00-2548
6-2-00 8 11-99 5-17-00 LEE ESTATES
00-2526
6-2-00 3 11-99 5-17-99 P.B.G. PROPERTIES
00-2531
6-2-00 8 NO RECORD 5-14-00 NO~DYISLESLTD
00-2542
6-2-00 4 11-99 5-16-00 P.B.G. EST
00-2544
Q~TJON ARLE LOTS FROM BARRY TAYLOR
44 06-86 GOLUlE FISHER
86-0780 OWNED LOT PRIOR TO ORD.
731NE8AVE
41.1 1994 GWEN FACISON
94-3211 HOUSES BUILT ON EITHER
729 NE 8 AVE SIDE.
98-3332 1999 LUTRICIA
1455 NW 5 ST LOT IS CONFORMING
98-3333 1999 SHIELAD
1465 NW 5 ST LOT IS CONFORMING
'\01
Palm Beach County Property fr 'rai: Property Search System
Page 2 of2
Sales Information
I Sales Date " Book IL Pa2e " Price IIInstrument 1I0wner I
I Dec-199918GI $44,5001l~~Y IIFAIRWAYISLES LTD I
I Sep-1991 II 06975 181 $18 ooollW ARRANTY II I
' DEED
I NOV-198818BI $15 ooollW ARRANTY II I
' DEED
I Feb,1981 II 03484 181 $lOOIl~~NTY II I
."[1]
Please send comments to : propapp@l:o.palm-beach.fl.us>
Copyright @ 1997 by Palm Beach County Property Appraiser
All Rigbts Reserved
8
http://www.co.palm-beach.fluslpapaldetaiUnfo.asp?p _ entity=08434521320030370
7/3/00
adoption or amendment of these zoning regulations,
but which would become a nonconfonning use under
the terms of these regulations or future amendments
hereto, shall be pennitted to continue, subject to the
provisions of this section pertaining to its extension,
alteration, reconstruction, continuance, discontinuance
or change,
B. NONCONFORMING USES OF LAND.
1. No nonconfonning use ofland shall be
enlarged or increased, nor extended to occupy a
greater area of land than was occupied on the
effective date of the adoption or amendment of these
regulations, unless sucb use is subsequently changed
to a use pennitted in the district in which such use is
located.
2. No such nonconfonning use shall be
moved in whole or in part to any other portion of the
lot or parcel occupied by such use on the effective
date of the adoption or amendment to these
regulations, nor shall such nonconfonning use be
moved to any other parcel or located in any district
within which said use is not pennitted,
3. No additional structures or buildings
shall be erected in connection with such
nonconforming use of land.
C. NONCONFORMING LOTS,
1. A detached single-family dwelling may
be constructed on any parcel located in an R-l,
R-IA, R-2 or R-3 district, provided that it meets all
of the following requirements:
....
a. The parcel contains at least one (1)
whole platted lot;
b. The parcel has a frontage of not
less than fifty (50) feet, and a lot area of not less than
five thousand (5,000) square feet;
c, Property cannot be acquired from
adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or
structures thereon to become nonconfonning or more
nonconfonning.
1998 S-9
low..,,:
70C
For any parcel or lot, or combination
of lots under the same ownership, where the total
frontage and the total area is equal to or greater than
that which is required by the district building and site
regulations, said property shall not be developed
except in accordance with the minimum frontage and
lot area required in the particular zoning district,
Not more than one (1) parcel or lot, or
combination of lots under the same ownership, that is
nonconfonning but which meets the requirements
under b, above may be developed for a single-family
house.
Ownership of parcels shall be
detennined by the property tax rolls on file in the
Palm Beach County Property Appraiser's Office as of
the effective date of this ordinance,
2. Within R,2 districts, in subdivisions
platted prior to the effective date of this ordinance,
where the platted lots have a frontage of at least forty
(40) feet but less than fifty (50) feet, the following
rules shall apply:
a. A detached single-family dwelling
may be constructed on any such parcel, provided that
it meets all of the following requirements:
(1) The parcel contains at least
one (1) whole platted lot.
(2) Property cannot be acquired
from adjacent parcels so as to make the subject parcel
confonning, without causing the adjacent parcels or
structures thereon to become nonconfonning or more
nonconfonning,
b. A duplex dwelling may be
constructed on any parcel, provided that it meets the
following requirements:
(1) The parcel contains at least
two (2) whole platted lots;
(2) Property cannOt be acquired
from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacel1t parcels to
become nonconforming or more nonconfonning,
Rumpf, Michael
From:
Sent:
To:
Subject:
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Mike - I .- 3'Z. 4
Please have Jose verify that the permit review for the following permit applications 00-2544, 00-2543, 00-2542 and 00- } t ~~--;"J-
2531 is consistent with our stand on nonconforming lots, These are the permit applications for the nonconforming lots that rt. -r ."-
are located east of US #1 between 7'h and 10th avenue,
Haag, Mike
Tuesday, August 22, 20007:30 PM
Rumpf, Michael
Nonconforming lots permit review
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Haag, Mike
From: Rumpf, Michael
Sent: Friday, March 10, 20008:56 AM
To: Haag, Mike
Subject: non-conforming lot -- Mike Goushaw
I think I was to get you a permit number for you to look into lelling one of his lots for a single
family go and hold any others as they are all 50 feet wide. I think the number is 00-0030, Let me
know the outcome or if this number is incorrect number. Thanks, MR.
Haag, Mike
From: Rumpf, Michael
Sent: Monday, March 06, 2000 8:24 AM
To: Haag, Mike
Subject: Non.conforming lots .release of lot 38
As discussed, and as a reminder, ca'n we release lot 38 to that builder of a single family home on
a non-conforming lot. He is only requesting one and as we have apparently interpreted in the
past, one is ok? Let's discuss If necessary, MR.
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CODE LIMITATIONS ON NON-CONFORMING RESIDENTIAL LOTS (R-I, R-I-A, R-2, & R-W '7..,. ~J 76'
Alternatives Modifications to Code ->-:~ "Y
~
Issue: The current stringent limitations of code are contrary to city objectives related to the supply of
affordable owner.occupied housing,
Objectives to code review and amendment options
I) Increase the quantity of affordable, owner.occupied housing within the city by supporting the private.
market demand substandard lots;
2) Minimize the impact upon adjacent residential properties from concentrations of homes/lots small and
of less value than adjacent larger homes/lots; and
3) Maximize quality and desirability of affordable housing,
Findings from research:
I) Four areas within the city contain vacant parcels that remain 50 feet wide (as originally platted), which
include the area south ofthe C- 16 Canal (the original Residential Redevelopment Area), Lake Boynton
Estates, the area south of Boynton Beach Boulevard and mainly west of Seacrest Boulevard, and the
small neighborhood along the ICW just north ofthe mangroves;
2) All four areas contain a mix oflot and home sizes; and
3) Each area contains one or more small clusters of vacant, 50 foot wide lots, and in close proximity to
developed lots ranging between 65 and 100 foot wide lots,
Options for code amendments:
I) Status Quo (no change);
2) Remove all limitations on these non.confonning lots with the exception of criteria a, b, and c;
3) Modify the regulations to allow the development of one or more of the substandard lots by new owners
if consistent with adjacent lot sizes and homes (e,g, not abutting a lot say in excess of75 feet wide);
4) Place a limit on the number of substandard lots that may be developed by a single owner (e,g, 2 or 3); -
5) Exempt the city and community organized projects from the limitations, and/or
6) Allow the private developer to develop the substandard lots conditioned upon meeting pre-established
perfonnance criteria which would maximum home and site design, and minimize conflicts with
existing larger lots and homes,
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The CifJ! of
Boynton Beach
100 E. Boynton BeodI Btndnard
P.O. 8.... 310
8oyn_ 8eod1, FlDrida 33425..Q310
0fflt:l1 of 1M Cj~ AffDr'llCJ'
(561) 742.6050
PAX: (561) 742-6054
YJA FACSI..MJJ.j: 56~/745-9252
August 1, 2000
Bany W. Taylor
Bany W. Taylor & Associates, P.A.
900 East Indlantown Road, Suite 300
Jupiter, Rorlda 334n
Re: Lake Addition to Boynton Lot 37
Dear Mr. Taylor:
We have reviewed your letter of June 30, 2000 to Mike Rumpf, Director of Planning and
Zoning, regarding the denial of your dlent's application for a building permit on the
above referenced lot.
I>s you know, SectIon 11.1 (c)(l) of the Oty's Code of Ordinances permits an owner of a
nonconforming lot who obtained ownership prior to the effective date of the ordinance
and who meets the conditions outlined In that section to develop his or her property,
The "grandfather" provision of this section at issue precludes your dlent from
constructing on the above referenced nonconforming lot as your dlent purchased the
said lot after the effective date of the ordinance.
We have also reviewed your daim of selective enforcement to the above referenced
Code section and find that some of the Jots you mentioned are either conforming,
purchased prior to the effective date of the ordinance or the Issues raised are not same
with that of your dlent. If you feel that a meeting between city staff and your dlent Is
necessary to resolve this matter, please advise.
Very truly yours, ~ ~
NI~.I~ ~ ~-
Assistant Oty Attorney
CC: Mike Rumpf, Director of Planning & ZOning
Quintus Greene, Director of Development
Mike Haag, Building Code Admin.
ClI/deptfdevl!lcpmentfTa Ib'
"An EqwJ Opportunity/A/fi-r-t;u Action/ADA Em"loyer"
MEMORANDUM
To:
From:
Kurt Bressner, City Manager
0",0'", Gre,"" ""','opm," Dlrecto' ~
July 18, 2000
Date:
Re:
Gayhart Variance
Per your request, attached is a map and list of seven (7) selected variances that have
been granted on six different properties in the lake subdivision since 1968, The last
column indicates the reasons given by the City Commission at the time for their action,
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EX. IBll "e"
5.
statement of special conditions, hardships, or reasons
justifying a variance
a, special conditions peculiar to the lot exist because this lot is surrounded by houses
, and it can not be enlarged by annexation to meet size requirements ofR-la, as most
of the lots in the subdivision have been,
b, owner bought lot believing per zoning ordinance that each individual property owner
could build one home on a non-conforming lot in the R-Ia classification, the wording
of the ordinance is confusing,
c, granting this request will not confer any special privilege that is denied by ordinance
to other properties in same zoning district. owner oftot 38, block 3, plat book II, page
71 was granted a permit in 2000 to build a house on a lot the same size as subjeC~
(non-conforming), "r"
d, literal interpretation of provisions of this chapter would deprive me of rights enjoyed
by others, and would render my property useless (unbuildable) as i can not enlarge it
by annexing adjoining property, i
e, variance asked for is the minimum one that will allow reasonable use of the land,
f. granting of this variance will be in harmony with the general intent and purpose
of this Chapter because the difference in required lot size (61 foot frontage vs, 50 foot
frontage) is minimal, and there is atleast one home built on a 50 foot frontage lot
in the immediate neighborhood, ,,'
EXHIBIT "D"
Conditions of Approval
Project name: Lot 37, Block #3 (a,k.a, Susan Gayhart Variance)
File number: ZNCV 00.019 (single-family on non-conforming lot)
Rfi Z Cd V ' r d d b
e erence: omnp" o e anance AOOIICatlOn ate Novem er 16 2000.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: I) The applicant must exhaust in good faith the possibility of
purchasing extra land from an adjacent parcel to bring the subject lot to
conformity, This purchase attempt could be verified by a signed/notarized
statement from the subject property owner documenting that a sales transaction
could not occur and the specified reasons for failure,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
2, To be determined,
MWRdim
S:IPLANNINGISHARED\WPIPROJECTSILOT 37 BLOCK 3 (LAKE ADDITION TO BOYNTON)\COND. OF APPR P&D.DOC
DEVELOPME ~ - ORDER OF TH"- ~ITY COMMISf-""N OF THE
CI, ( OF BOYNTON beACH, FLORIDI-\
PROJECT NAME: Gayhart Variance (Lot 37, Block 3)
APPLICANT'S AGENT: Susan Gayhart
APPLICANT'S ADDRESS: 106 Lisa Lane, Lake Worth, FI33463
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 02,2000
TYPE OF RELIEF SOUGHT: Zoning Code Variance - Single-family on non-conforming lot
LOCATION OF PROPERTY: 711 NE 9th Avenue City of Boynton Beach, FI
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above, The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included",
4, The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the terms
and conditions of this order.
7, Other
DATED:
City Clerk
S:\Planning\SHAREDlWPIPROJECTSILot 37 Block 3 (Lake addmon to Boynton)\Dev Order CC.doc