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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" .. - .JL - - .-. ... - . . . . .0. .. __. _. _ ~ --=r:IE3 ~ ~ . ~ . -...... - ~ 0'0 R3 I I I i I ---. c o 1/S iYllLES //// ) I C! EO zoo 4~,--~./~~/:::i :'~~:7'- 12/(/6 ,-! , ~'o/.#:;~. "ty.)'S:~WiJ.fa- "1 r-- I~~R > 'W C.N <..:> @ ::0 c:: C "" <" <;', SJ\fD , -~. . - -I ",r ~ =S ' ~ ".1...1~ :! ::.. ";7=l ~_.~~S o \;;.1' -; ~~ ]!A :;: <..;; t {;;;I , ". 11>/ '" - ~&; I. 1'-" -'" .. 1..0 '<-: ": ""1 ~ -= ') ,......, , - - :;: iI, 0,:' .~( ~ ,~, .-.~-' . ;' 1 ~ ~ =.r-:. " - . , C\..[ - Ci , ~ :!/ I;' Lf)/ ' ~ 'j - -<" - t::::1 ,",'. , Q!I~ i... LmJ AIViH >.; ,.., - ,. ""I l:'Q) 7"( Q) C\J _ fl""'O~ ai w u Ow I ~ 0 (f) t!!. (f)U..;: ~. 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L' 1if~1 . r:: r:l ,- ,"', 0, , .... - 0 ' , - ,", ~... () ,., 01 enl '- ,-- ~ 3/X/O- . .-,1 r "-') ;J~E.'I .~ , .:6 I <T'I ~ ~ '-~-l ~ ..,... -, ~- ,-N ~ ~ ~ ~ '5 e><, -g - r::1 QJ! --- . ii O. ..:!!: 7,-/ C\J a:: ~..J o . en ..J a::<t <tI I o a z o :t.J. ~_ \. .p'~ ---- .1 'r::::..:~ .'./ ~- '~ J.?;;:; 0 I'!:~~ - -:"Iof- U ' ~, 0'6_ '" .L <;. /'20!. t- ... ';2J o z c U a F"z ....J"'r :3 ....J ~'0 \ ~a;I... r-I ;;!;;S~~~I ~ L f'-- J: ~ - ., -~ " g--. a: : f- OJ I >< LlJ I ~ Q) (f)u -c Oeo bye ceo .- > E-o '-Q) 0_ cc o~ OUr-T-. ~ I '..n C..c O.-t= Z$ '" < ~ , r" =1 -, QI -. 0); -f:: ': ~ ".'rr-- ... .'r~.: 1 ;.A~: ~f~~", .... 0 W J OJ ::J (f) 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 age(s), including the cover sheet. The infonnation contained In this facsimile message and the pages following are attorney privileged and confidential infonnation intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you have received this communication in error. please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. If any problems oa:ur in receiving this message, please call this office at (561) 742-6050. f-''''~-cP'/7~(jP- '( --LV1 .le..-- - (L r..J . "if Af(,e-.y<y"b~V 1 ' ,(,y (I C/ j ~"- -,, <:;P u~'" J r i~ 6/""-\.9- ~o ~.... .frYlr-~ e:tf p 6-~ 6<P 1 ~~. ~v~ .J'\''-J..f- . J-~ y 6" t;J- .0 Cd"Jf1;_ bi (y' ft -10 ,~ 5~i-~ ,..0 (.,f-C .::<' .jJ, / P "J"' ~~ {'I-e- .Q ~~tt--s-b --bOIl'- I-<V""C,-z;__- ___ Palm Beach County Property Appraiser Property <'~arch System _ Page I of2 ~1Ii>!!!. ~I'# 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 $9,180.001 I More. 2000 Exemption I DescriPtion:1I I Exemption Holder:1I II cOde:IDI I More.~~.J II Percentage:1 http://www.co.palm-beach.fl.us/papa/detail _info.asp?p _ entity=0843452 I 320030370 12/1812000 . -Oage I of I Palm Beach COUllty Property Appraiser Public Access System GARY R. NIKOLITS, CFA Rows 101 to III displayed. Click on row to see more information. Owner Name Situs Address ORESKY ABRAHAM CHANDLER NA1\jCY E 914 NE 7TH ST SCHREIBER MARK NE 7TH ST SCHREIBER MARK 902 NE 7TH ST KANARIS EV ANGELOS NE 7TH ST WEAVER CS& ERNA y: NE 7TH ST WEAVER C S & ERNA Y NE 7TH ST HEARTWOOD I INC PRATT KAREN S NE 7TH ST NE 7TH ST o!>/> Parcel Control Nnmber ') 08-43-45-21-32-007 -0080 Y 08-43-45-21-32-007-0090 08-43-45-21-32-007-0111 08-43-45-21-32-007-0112 08-43-45-21-32-007-0141 08-43-45-21-32-007-0160). t/ 08-43-45-21-32-007-0170 08-43-45-21-32-007-0180 08-43-45-21-32-007-0250 ,EXANIUS_MATBIEUJ> '1l03 N FEDERALHWY 08-43-45-2n2-008-0010 DELtfGAMJCIJAEJ,-A 1105 N FEDERAL HWY 08"43-45-21"-32-008-0020 .P[e~jQ~$ .F:'~~~ .1 . rn 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 . Q8-4.~A~,21-32-004.. 0201 08~43:45-21-32-004- 0210 <JOZNFEB-ERAt-HWY--.. ~_'~~4~~~?-.21:~2-004- 924 N FEDERAL HWY NFEDERALHWY . NE 8TH AVE 08-43-45-21-32-004- 0270 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 t ;t:VM-'--- .. pvf;r:-s:~ ~ ) "Wid-HI- '1v~ ~ " /':i ~ it a: I ~ . ~~. ~' ' <.:> ro ~..... ....., l-O'c" :'1;' \,1 :J) "t: '.' .. cc:. 0 \ (lJ ~..., c ~ -. ~) l'- i- ~\~ r""" '. IA<:1 .co.... . .'.,~" v.' -\.. ;::-" --\"'". ::__\"'... <>ji ....: ""_'I ,... ,~I ~ J~ ,;.~ ~...:.~ '~ <C} Pl['" '1_~1 \ \ ~ \ ;' ':\ ;;. ; :. I~ "" ~. .,~;. ~ ~ ~ \~ QDt ~ -. I . .-r, ,__ ~ L.,..--- r ' ~ ; , .- - .Jf..'<J, ;,c' ~ .. ..." -oI;"~ ,<-I" ~ _\~ - , -- .,~! > ~"I ~"i t .. 'o{l~ ~~ \$\ ." .... __;;.' ~. NI I~ ." ~ - '> 'I"":'" ',.,).. <11 . " ._ ;i """'> ,~~ I~~r'l\ r;S:.:alIn.,: ~~\ ~"). !I\ . ; "<ol' .,~.;, ~\ ~, ~ _\ iJ '->- ~t't h "'\ ::. IQ . ~""\?.,~)- r- <T -I r ::>'>l)\ \ >. ~. -., -:7 ~ ::;:! 1 r-- '!:J.~ \:1 ~ B' u1 '> ~ ~.~~ ,,~~ . <r r-:-:C- r-- _.1 I . r',r., -;: ~ QI c. 001,;> ~ r~ 0;;\ ~. :; :\J ~\ .^\~. - I - .. ~.\"'.> "'-'::WI 17'\ '> i o[ r -'-'~ < .0 ~"Q L '" :::.. -~~... \"1,' _~- ',,\ '_')~; z V>~W..'..L :'()j'~, . ,"" . \ '0\ "o~ C .', ~. ' '> .--1 - _ OJ :::> , - "k <.l ~J~ "\:, _- ~;0:.'o, ~ ",I" "~' 'z! ~\ ~ \~ 6'~.b 1~' _ t~-; Q '''~\> .-':3.\ w ,- - ~-\ j ~ "::II ,'70L;-r ....~I '<" _l>, c' z..s'. -~ r--=:"3 '~l -Z:IV .-::' ;.<..1 w r".._ --~ o~"-:\~ "--"I . N\ _ ;- __to<< _ ;;- - .11 z I.. ~ Q\!!"~ " ~ 0 ~ ?JI . _ _.1 \ ~l""\ - - ,-c~, f-~~_~. ~~I ~- ~ '~'. 0 _ ::_ = . \) ~ "t<, -, ~ ':\' ~ c\ C\l f- ~ 0J - '2\ ~ ;. ~-- ~~:~ u,1 ~ "- - ,j <.).,..~ __ ":1 --I~,o;;\~ .':,,~ - .-1 _1...._0,_\.. j" 3 (;, - - ..... \ .,,1 > '" u1 _-' X _' " <( \ I . "-,,, .:::::......., H . . " ~.. .To <( .0....:-:\ ,I;;" 0 :r: f :! z' '- - ~?')\... ~ - """ ,::j\ <>"" 'Q . -l!! ='.:;: I" --l J\ 0 ~ ':C'l ~ "c~\ 1'-.. g">; ~ ~ - r-:::;;:, ~' ~ r:+ 00\ ~ ~I 3 0 ~k" N ...-: ~,'I-~' ~'.:~r-II>" 01~.;::" -, ~ :;sl~' . ~ h' ~:r:2'lf.\ .~ "~t:\ ,,- . 'oJ'...:. \~ d :> I\\->-<l~'::'" 0" _ ""'-. 1.:>-\ ~" _\ ~'>" ~'JI "l- -'">0. -" :zf?s- ~\ N ~\ 1 I ~ .'0 , -,=_ ;,I{~ ~l'.~'~~i\;:'..' ~;~'~\I If '~ .r' ~J p' -~.~ r:o:}~' ~~ r Jut... I' \ t w"" . ""b ... _ _~_ , ---jJ-- "':"" "'~- Fiii i/ I'~;I ~, V ~ 3jdii ~I~' ,0<( r-" ,- a::xW~ . <( ...J :r~. ~ , ~~ Jl :<~ I I Jl ~""'< ~-I W. ell ~N -' u. a:: 0 ~ -'1-0 O-,wZ ell<l:-'O a:: Zu <l:X_ X ~ ~ . J " . .< f ....'"~ ;- 0 ~~1 I I .. -I 0 " . AMH 3IXIO- ,.... ~ ~-: - '" ~ ~ ;-;'.,,., .'~,' '--'''~ .- ," ~/ ~5 UP" .$ 7 &.e...a - . U,I(I /9 ~vn?tfJ,J //,4~~'i' df~~~~h~.:W ,,,,,:"""-..., <)",r~~/uI ~~~~f::aL6 ~ /~~a' - ~~nt.-~-~ /~-(<7~~ 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 2 .- -:'~~ ~ <~. _.1 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 -12- ~".~.~itii~::;~~':'~...~~'~~c.::,;s-~~~. -...- ~~~~~--T~~L" . _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 -13- 1T "" ,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 -14- , . . 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. - - -- COMMUNICATIONS None.. 01'.,0 nU~INESS -------- None. NEW BUSI"JESS fas~_1!l05 Applicant/ Owner: Goldie FiSher - 1 - . . 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 - 2 - . - .... -- . . 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 ~.\ r . i:1 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 - 3 - .. . "'~' ~ ,,~-1J. -,- " . # j . ~ "" ~- 4 h ,-, ,i 11.p, t1 '-' C.t '\' ~..~):",,;...~ . ~ - ., t II, , - MINUTES-BO~RD OF ~DJUSTMENT BOYNTON BE~CH, FLORID~ JULY 14, 1986 . . 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 ---"- 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. - 4 - . . 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. - 5 - .. . - .' ~ ~ >> . ~ It ." ....' - , """ '" "11,-,,-,(1,-,,- '-' '" .~ ",,,,.' , "" <, , ,~ LI U L' LI tJ.. I~""j u. ,. '\' .. ~"~.t""'".",,,,,~ . . 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. - 6 - . . 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. - 7 - . . 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. - 8 - . . 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= . . 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 - , , ~ ., 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. · ! ; \ i ~ 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 - ~', "~ ~ I~"V ~<::Pr~"LJ1'-\' ", .1\:,',:e,'!"I">I~'lL'I';,l,;,\,.t:\"I"1v "r.t",.I"I"~'" 1~',~',rl"'E,~ , I" nF ,". \' " ~ '. . - ' ,~ I~ v .' ,-, I . ., .-::- '1I1lt ;:... I 1" ,. (I; ".( - 4L! . - z. rt-,;. ~, ~ :: ~ d. ;1 ~ - TfU:' c.. ~ ...,,"60' '. ' 't ~,. I I, I ,. 1 . · ...... ~ _' .l.-.lJ-' -' 1.0 M""yl"~ ,,;0;: . " ~," ". ' -.' 2 \'3 ' V- ~~''''1'1 ,.:~,:Yli ~ ::' i 'i,~ ,..:'DlIJ.IT~~/1 !;'-=<3 ,1-\\. ~ f 1< &,' ,\,' ,..~ ~ ,'~,. ;~,." \<!'l"",f1I\," I' "':;I~I",.-,r "\"\' ',. H'I----..- _ ,,,,, , > . - 'I ' ," ' ., - '.. ' ' .... ~:.,~" "'," ,1.t,J'~' "-~. ", I.' ,~.--/''', I 13 ~ 7' ,3.3 2 ~., ''';;::. :~, ' Iff" 7 ~ : 7h ~I,H<~~.; ). .' '> ..~t:" . :{':::~ ~}, --,-..J::;. " '.~tl'I.t:.I~I>!"I" I"~ ,<'I' ,"'~ '\"~IIJ5\:"C"'" " '3' . 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I ,~" ''''1,.,.1: "<f,",L"'.;;;~"! 1~~~;~frGr+; -.1_ 1~\ "v,<;"::f1J.-- \ \,/ I LJ' ,I I I .,:' iff y'~/ ,Vlif c'~ ~t.A \/.. : I . r I . ,,' ,{\.."f ,Vi,1' 'tJ..".._I. ~ ,I ._ , ' ," _~ ,"__ ,~...L:~.L;J..""" ~"I J.p".' I "." I,., ' : :..;' g~"""-., 0;. ,"" i<l 1': ~~\ ~~. J':",p'" \' .,~-\t'~'\'HAR80UR'~~ \' ~ \ -: ,T V, HAL'--:":>--- .... 1..\.u,r.r;,":1 II- . _,' I"~ \;-W/' HAl I ",\','_ '-"'"IC . ,,\... CONDO 2 " _ ' ',," "c"," ~' IHLET -C.lI..!l~ '- /,/,' . . .. _' ..I "'- ,:,)1-1(.> I ,~ ", ,<' ~ C'lNll <. .3.,.. ~ . ". f -,.1 t. - I f 'i'" I,' ( ,3 I I L'3_ ~..1 : " \ ,:,' ;\ .,,' -........--- , -' ''';;) rl :\,7 eOUR ','rJ<) , ,t.,.- I-="'~- /--, ,T:' 11 .', t, -.'- 'j ,''.)110 ! : -~ \ . , ~ \ ! ~ \ ,T _'_ A --.f I ; '" C,I;V , '. J Ii , ; I ! 2 " il a , I BARRYW. TAYLOR & ASSOCIATES, P.A. AITORNEYATLAW W)f: ---- -- ~ . :. , ; i; i ~ L!!Ji 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 ,\ 'i\J~~V %'\.~ - ~.- \',\ '.'" \ '. '.--' \'. \ \ \. ~ \\..-\.- -- 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, ~,l""C' ...r-" 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 \ i, 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, 1 ~ . ........, . '" .. - ....f .j....,_. .~ ~O' ~~ <- G:c~ - l~ b ~ ~ ~~ ~~I- - eyu----v- -----,"--~ ~ C~f ~ ~-::;Ciif~-'- l0- L.') G. ~ ~~ \Yvc:\-.\~4-- ~ ~,'),i c:\~--.., -"-fP-c ~ L~ <-{?/ ~~~ 1'rI,- ~~ - p p~vt-C- ~ +c-~S G.~ ~~ ~Q.Q... J ~r~:(f)~\a \\-\ ~v~. t)~+-~~d ~ ~"{..c..k~ ~ <JV~ ~<-i1... ~ cv~ CA-~ ~ .,-~.. p~ ~() ~- cu. <-.') ~ ---.--.----- TJ5 ~-~--~-e.~--~~ 1t..~J.r p~--cJ.."1": ~ 4- l~ -\- 4' t {z, ~ w os (h ~ : ~ --f..~ ':(,,\,eJS v.v~ . . --.---- ---- - ------_.~ ~- ------_._.~-~~--_.--_. (J!d, 7!?-/'j ~ ~ AJ Co (7-"-7C,,) h ~ ~ .//. /) - ~ \:, /V' () N c-o AJ FO fC--111/ iu G- tI Jl3. J' ~ ufJJ,;;~ d0eu-~ ( . ,\ O/$/.J? S' m u c T?(/(E~ . ....vI-v--~ I, ,~15 cl -ftyJ (Vs' ~ 7 b -I 9 vir '/l,'./",P ke 7 5 - / 'J. ? dJ~ ~:~;;7Z~~2 ~~, //.;(f)r~~ ZofJlVG- tJ~/'\" (71-/6-79 (Wv--6rAC~~~~1f ~E(?'~ . 04. #75-/V~~~~J tvn~~a ~;~. F~~, Y-~ r- ~tf~ ~ k ~ tiX- tPo- ~/tJ-CtJAJFeJreM/VG- ~. . "~ - ,n APy v.f', 7?-S r;1Y , @2o//78) -. ~. //'/C)~~-i~ f ff C<J~~~~ df c. ,0,13, ) ~ ;fJtJl'l-COA/H/2-mliu(f- LOT.f'. - ,M 1st n. z~:- t1~~rJ;JY'jI~~/-30"7' ~~ ~/t.1 ~A ~J t1'-pI' {. 9-/-fl) ~ ~ ./1./ elf ,tf/rJA/-c;.,ll/tFo!em I (tIIf- ~ . -;7 Jj~~ 8'1- :la-ft' . .4pf,A-ZfM~CadeJr>fc~ 'fIO~ c,o![ "If ~ Iar-./ t"--T/";.r'd (1Z.-20,-n) lXf.crT:. .J' j ~ S": ~.~~/; .t:.1' ~-I J-i,t/Uo1i: ~1t1J . wlA-' j),j-I-~et-AhJ~"'; ~.lI,I,AI'),v-c.onfz>f'rn'n.9 tlJeJ' r -rv: frt' J'foM:;fr,..y#!J'; ",~d. ?ldet/;tJ d.11"i.V Jechoiv /!:.?, G"n1l/ro';W16f>!1 IJ!~ x:.ev~iw fermi-h- . rJi; (J)If!'!':/ ~ ~ -/7 NO{{l'~ C5/3/8~) \/ifi' f~~~~J' , 1f € v-A- ~'J ~trf,.bn~.r, . ..----._------- ----- ~~- '---- 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 c \ \ \ .J BARRY W. TAYLOR & _ elATES, P.A. Indiantown Road, Suite 300 'ler, Florida 33477 (561) 745-0757 (561) 745-9252 TRANSMISSION COVER. SHEET ,',"I, '1 ., \\ ,J ...),,,,,\ 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 , 73/ N?jg~~~-rtJ/VUJl~ ??~f/3~~~~CJ;/C/0~F , Y'~- .~('/' rl /J,,", ~ ?0t/2-~ 7'2- 9 /Vc= B-- ~ - /P'V r 99Qd- /W LI. R~/'/..!~7-5 ~/~ ~.~~I/. ? ~ - -=3'532-1'1 S ':? q~-777j -Ill (p') ,..tz7- bid>' +1"2- ~tP -- tb~ 4-Ib 9" Yp""; ~.;N'~",eP?"/A/7 The iD!omlaliOJl conlOiDecl in thi. lrIDmliNion ;, altonKl)' 1'flvi1egwd aucI confidoo1YI. II is ~ ouly for Ibe ponau ..... 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. ~ /VW 707 A. !2~d- II II It It' ~ Q 1"'-' m @ ~ n \Y) ~lr :BARRYW. TAYLOR & L- ~5;:l\.SSOCIATES, P.A. J\"lTORN8'AHAW 900EMr lNoWo'TO'01l< R;w>. Son'f 300' )UPlTER.I'LoR(llA3~77 . (Sbll 745.0757. FAX, lS01) 74.5-92S2 \ > ~._~ ( 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- \,: 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~ \~loi?' 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, J"w ~~L,.~ J:rc,\V ~: v.J ,., /' f!~.;r. ~~? , 1 . (JAI1'~ . ~~~ ~~ ,.. ... ,Jg-in "'u.:,ber AtJ-<1? -..3t::. '. CITY OF BOYNTON BEACH REQUEST FOR PUBLIC RECORD INFORMAnON t.... ~..: v, 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 , " I " Page 1 of2 ~II~~~ ~ .. ~~ 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 ~) I~) 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: J q'l. tJ'::'> z,o-o? ,-...p-( 10 co, - 0"" ;t' -( 'ttJD.P ~,,~"t-:lo 32-o--=>)-OQt.{o / /11" 0,3- 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 M "I ZA.- ,-J.::>J. f! 7 /../1 '~/3 MieH, DD~I@~7 ~\~ +- )1 l""l~ f'" 0)7<7 f7 ~" ,,! ~ 1 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. 00 2~' Y '> Z) 'r L il(o'i' l \' It? [d__(,. oo}c> OS' 'l7 18 0 k> L~t 7 y frO 7 3 55 39 ( / ~~~ ~n J<::., Z7-- ~("""" tr-__ ~ .......u' C"'t.., , 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, . (I~""D '-.( . -' ,{1. .~,u..... c3",:t..Qt.t- ...J , 'f,,1. L. lo'1\ ,"\.0 <t ~_' ~(!\\o, &1 r [., . C:\My Documents\Housing,doc , 'W2 v-e ~ 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, "" 'V (Jj .r-- ~=.1t > lO o N '--' n OJ ::0 0:: o a:; ,.... If I.Q ~~ I 00.' w A ... If. ~ ~ .J: ~ ,..... -; ~ ~ . ,..., Q ~ . rn ~ " , r1 t;;, ~ ~' I~ "I · ~, !~ ;,.g ;I "'I ~ . ~ -- , :'!:\ L - - I, p ~I :~,d'" '\~ , " "" )I~ ~ " - ~ t. I ...~.,......-...~j,.I '" .~ ~I ~. , '~R ,l1\\ ~, "'4-' I:-~' 001 . r 'c'j , " "" '-1 ~ ~ t -::. 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HA,)EOUR - ')t.~ IJ -... /_ ,l~ _____ T --~ ~ 7'\, C( )N~l ,,_ 1 I \' 1 'fJ , I I I' A , l,r-' ~--- ' , I> '.;(}V L L IIF!'] ('.:'>2G FC ,(',;f-: 8:>';;(, PC I I I I I 7-<- "'-' Cl,; - "O'""~'-~~" co --- CV) -I- r:::~ o~ ......2: Se """2 o >-:0( O~ lQ~ Z <C w' o o ,...... --.... ~ "-. o :I ,.1 ....... Q,; - 'cf fO. ......c: ~ -t...,; CW)~ _I- r-.... -.... o~ -z s e .......z o >-:0( Oae lQ~ z <( ,W '0'." ...........,'..'..:..-: o :,,'. LOCATION MAP LOT 37, BLOCK 3, Lake Addition to Boynton EXHIBIT "A" . , . I ... 'JL' - --. .. - -. " .-... ..-...~- ~.. - .. . . . ~ '~ ' 1=13 -' L. I-I I 0. 1/8 I III I I ClEO. zoo. 40.0. FEET Pt.A ,vNf,v (i .. .. . ., 2.epr. oz/qg ~'o/M-'--_ rJ a: rJ..,. r--- r--- l!:i ~ lr > '<!J o ,N C) g 11 ~ : C' '" -"'0.1 ! <;'p(~ , !I I ~I v;i - l'INr., -I '> - ... ~ =~ " T. " I ~ " 1\ ..-:1 .:l! ~. .,' ~ " ~r=i's j~, ~l ~ ~.\ ..: '01' .:t [ 10' -, " -c l'1 CIlI .:! -~~~ '.< '. ..oj:r. - ..., 0 ---.:;: j f""lr ~ - '>. . 7",- I."'J,.. 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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