CORRESPONDENCE
Galav Lusia
From:
Sent:
To:
Subject:
Greene, Quintus
Tuesday, January 02, 2001 11 :40 AM
Galav Lusia
FW: Zoning Code Variance for 711 NE 9th Ave
-----Origlnal Message-----
From: BRINIO@aol.com [SMTP:BRINIO@aol.com]
Sent: Wednesday, December 27,20008:47 PM
To: Broening, Gerald; alack, Bruce; fergusonm@ci-boynton-beach.f1.us: weilandr@ci-boynton-beach.f1.us; fisherc@ci-boynton-
beach.f1.us
Cc: Bressner, Kurt; Rumpf, Michael; Greene, Quintus; MPD7740@aol.com; Cherat, James
Subject: Zoning Code Variance for 711 NE 9th Ave
Good evening gentlemen!
Wanted to request your undivided attention to an issue that will be coming
before you at the January 2, 2001, Commission agenda. The Planning and
Development Board voted 3/2 to endorse a zoning change that would allow for
construction of a sing[e-family home at 711 NE 9th Ave on a nonconforming
lot. There was a stipulation that the applicant try "in good faith" to make
an offer to purchase the additional 10 feet needed from the neighbor to the
West at "fair market value." If in fact that transaction takes place before
the Commission meeting, then by all means, I certainly could not and would
not have a problem with the construction. However, if that purchase does not
take place, I am requesting your support to deny this zoning change.
With the exception of only a couple of resident's on NE 9th Ave, we all
provided remarks at the P&D that discouraged approval. Unfortunately, a few
(three) of the members felt that the current zoning code provides for the
applicant to work through the process based on possible hardship. Hardship
does not exist in this case. but you'll probably be able to determine that
based on what you'll hear at the Commission meeting.
My concern is that if the applicant says she made a good faith effort and the
purchase does not happen, then the allowance for construction on the smaller
lot should simply be disapproved. Why? This lot is in fact too small to
build a home with a two car garage as the applicant proposes. This lot is
too small to build a home with a one car garage in this neighborhood. When
the applicant bought this stretch of property and built and sold the other
three homes, she knew well in advance that this lot was going to be an issue
to contend with based on it being too small and nonconforming. Additionally,
Mangrove Walk is in the CRA area and I personally feel that we all should
wait and see what the consultants bring back to the table after the zoning in
progress time has elapsed. Our neighborhoods should be every bit apart of
that analysis based on our geographical location. Why? If this is approved,
then what about all the other nonconforming lots? What about the one that
was recently denied on NE 8th Ave? Will this gentleman come back and request
equal treatment?
Gentlemen, please understand, if the sale of the additional property takes
place, then I, nor anyone else should have a complaint. However, without a
conforming lot, I cannot see an approval being in line with anything we as a
City are trying to do along the corridor of the CRA. I think it will open
Pandora's box and we will fall victim to many problems in our area where
property owners that have nonconforming lots.
Thank you for your time, God bless and happy holidays!
1
Respectfully submitted,
Brian Edwards
2
I
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
To:
Fax#:
Date:
From:
Re:
Ms. Susan Gayhart
965-7795
12-28-00 rJ2-
Mike Rump
Property Tax Record - Lots (35) and (36)
Pages:
including cover sheet.
Please find the accompanying tax records from which I extracted the land value of $22,950.
Based on the total lot area being 12,254 square feet, there is a per square foot value of $1.87.
A 10 foot wide strip of land, at a depth of 122.54 feet, equals a total area 1224.4 square feet.
The area (1225.4) multiplied by the estimated square foot value ($1.87) equals
approximately ($2,290.00). I am not stating that this is a fair market value but is a possible
means of generating a value based on property tax records. I would suggest that you could
also increase this figure slightly to an amount acceptable to you enabling your offer to
possibly exceed reasonable offer. Of course I cannot suggest what the ultimate offer would
be, as this is a factor of your willingness and ability to pay.
This offer should be placed in writing and sent to Mr. and Mrs. Marisola following
commission approval (assuming it is approved as presented to them by the Planning and
Development Board).
):\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Ms. S. Gayhart Property Tax
Record.doc
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
'Palm Beach County Property Apprai~er Property Search System
.Page 1 of 2
.
Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
I Owner Name
IMIRISOLA THOMAS J &
Owner Information
II Situs Address
linn NE 9TH AVE
II Parcel Control Number
1108-43-45-21-32-003-0350
Confirmation Information
Subdivision: ILAKE ADD TO BOYNTON II BOOk:1108859 " page:110449 II D~~~~IIJUI-1995 I
Mailing 1707 NE 9TH AVE I~ LAKE ADD TO BOYNTON L TS 35
& 36 BLK 3
Address:
I I 1 I
IBOYNTON BEACH FL 334353211 I I I
2000 Certified Appraisal
I Improvement value:1
Land Value:
$49 140 Number of Units:
$22,950 Total Sq. Ft:
Market Value:
$72,090 Acres:
I Use Code:11 0100 II Description:IISINGLE F AMIL Y
2000 Certitied Tax
2000 Assessed & Taxable values
I Ad valorem:1I $803.4311 Assessed value:1I $58,003.0011 I More.
I Non ad valorem:1I $105.0011 Exemption amount:11 $25,0001
I Total:11 $908.4311 Taxable:1I $33,003.001
2000 Exemption
I DescriPtiOI1:IIREGULAR HOMESTEAD II cOde:IEJI I More... -I I
Exemption IMIRISOLA THOMAS J & I Percentage: D
Holder:
http://www.co.palm-beach.fl.us/papaldetail_il1fo.asp?p _ entity=084345213200303 50
12/27/00
Palm Beach County Property Apprajser Property Search System
~ Page 2 of2
Sales Information
I Sales Date BQok II Pa~ Price IIInstrument 1I0wner I
I Jul-1995 08859 II 0449 $] OOIIOUIT CLAIM II I
I May-1994 08279 II 1383 slOOllREP DEED II I
I May-] 994 08323 II 0777 $100110UIT CLAIM II I
I Aug-1987 EJ8 $66 3001lW ARRANTY II I
,- DEED
?11 11 rn
Please send comments to : propapp@co.palm-beach.fl.us>
Copyright @ 2000 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.fl.us/papa/detaiUnfo.asp?p _ entity=08434521320030350
12/27/00
(
Dece~be~ 27, 2000
TO: Boynt0n Beach Planning & Development Board
From: Susan Gayhart
106 Lisa Lane
Lake Worth, Fl. 33463
RE: My Petition for a Zoning Code Variance on
Lot 37, Block 3, Lake Addition to Boynton,
AKA 711 N.E. 9th Ave., Boynton Beach, Fl.
Per the condition attached to the granting of this code
variance on December 26, 2000, I called Mrs. Barbara
Mirisola at 11:47 A.M. on December 27th, the owner of
Lot 36, Block 3 and offered $1,970.00 or $197.00 per
frortfoot to purchase the Easterly 10' of her lot, so
that I may add it to my Lot 37, Block 3.
Mrs. Mirisola rejected my offer.
Sinc:~lY' p
~n G~rt
-..,
Signed and sealed this 27th day of December, 2000.
d/\cv~~ J). t~~
Notary
'fiA~'r;:"" Frances f. Pronesti
j:: - I~-"f,'; 'Ow CI]MMISSION 11 CC759196 EXPIRES
"fi-'7 - .7.-".' July 14, 2002
"'~;p.L(~if." ,JOMjED 'rHRU TROY FAIN tNSURANCf, INC
Ju1 31 00 12:33p _ Clt~ Atto~ne~:s Office
JUN-:J0- 2eOO 1 6
561-742-6054
p.2
P.e2
rn @ ~ n w ~J~
BARRYW. TAYLOR&.
PgpASSOCIATES, P.A. ATTORNCYATI,^W
900 EM'!' INowrro_ Ruw. Svrre .31)(1. JV"'T~~.I'LoRlDA 3J.lo71 . (5611745.0757. FAX, (56!) U5-9252
rn
June 30, '2000.
Via Certjfied Mail 70993400000516126601
Retl>rn Receipt Requested ..nd m FlU (561) 7402.6259
Michael W. Rumpf. Direet.or, Planninti! & Zoninil'
City of Boynlon Beach
100 Ea.t Benton Beach BoulevuJ
P. O. Box 310
Benton Beach, FL 33425-0310
Re, I.al.e AdJi/i01l to Hnyntm, Lat S7
DeaT Mr. Rumpf,
please I,e advi.ed tbilt the uncleraigneJ repr..ents Palm Bead, Golf !:.tateo witb regard
to the ahove referenced m:ltt..1'.
It i. my under'l:lnJin;! that e", 01' "bo\lLApriI21, 2000 "'y ,.j;,'nl..,h,,,;lIoJ an
appl,,,,,uon for a building pennit eonceTning.Jlw abo~ refere"ee,llo!. 0" or "bout) line
23, 2000, lh" LuudiTlg permil Wile: Jcnjc:J honed IJpUll -~~n,.conr(lrnlj}n~(.' will, Section
11.1 (c}(l) uf yOll1' ordinances adop!ed on ^l'riI15, 1997:. r h"v<, r""i,.wed the ordinance
and find th.t my di<:I.t 68 campli."l ""'itj\.i~ amJititii'.... FlltLl,orm,m', porUonS of saiJ
ordinance are ambiguous and may 1e unenforceable.
~Iy "liel'1t has reviewed your application of thi. ordi"."co and il 'pp""" that yuu
8eleclivelyenforce ....me in a:Tl a,.biLTary manTlcr. Spt;K.;fiCO'Uy you JI:'1....~ issu~J plltnnHfJ
conceM'lini! projects built by Habitat fot llum"nHy al 1465 NW 5lh St.r<,d and 412 NW
5th Avenue .. well ". 72;,9 C~ 7:?f1 NE 81h Avenue, wluch con!r;,d;<lyour <.rI',linanc".
I have i., nlY pasiJ.CHia&'\ ~ copy the onginat 1>101.1'\. i1ppl'uvecl bylLc Pl\linbill~1 Etectric.,l,
Mech"nical :md Pl.nninl! f" Zoning Divisions of your Ruilding DC!,H!"',,"I. In fact, :l
p""",it number 001806 ""'s actuaUy i..ueJ, however, the Perm' I: was ,lOl r.leased.
Ju1 31 00 12:34p
Clt~ Attorne~'~ OFFice
561-742-6054
p.3
JUN- 30-2000 13: 57
'.03
rn
~ n \07 ~ r
JUN 3 pI...... .1... this l"tter ,.. ;a fonnal notilialion tlut un!"". the j",;lJjne pnmjt i.
within five (5) day. of your ccceipl of [hi. lelte.., II....v"' heen ~u(hCJri~ed to fil"
~t~m~~ aeLion far injunctive :relief 1ef"re a c-rt of compeLenL juri.JicLion, to e""'pel you
"Hi"". to i18ue the permit. F>1rlhomlUJZe aa" ..,..,It of your Nnf2""P'eT act;.,n., my eli""t
i.loeille ...1... anJ will \001. to tho"" ic:.~...a.l" fur it. Ja""'!te..
N IY
BVfJji
cc: client
TOTAL P..ilJ
---~--_._._---_..,"-~,-_..- -
The Ci:ry of
Boynton Beach
rn
~@ O\'!l~~
Iii
.11; - ,4IDJ I
100 Eo Boynflm Beach Btndn1tml
P.O. B_310
Boynflm Beach, FliIritla 33425.0310
Of:fke of the City Afftn7NJ1
DEPARTMENT OF DEVC'J'-"
.. ---'
(561) 742.6050
PAX: (561) 742-6054
Y.U. FACSIMILE 5611745-925~
August 1, 2000
Barry W. Taylor
Barry W. Taylor & Assodates, P.A.
900 East Indiantown Road, Suite 300
Jupiter, Rorida 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 dient's application for a building penn it on the
above referenced lot.
As you know, Section 11.1 (c)(1) of the Oty's Code of Ordinances penn its an owner of a
nonconfonning 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 dient from
constructing on the above referenced nonconfonning lot as your dient 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 lots you mentioned are either confonning,
purchased prior to the effective date of the ordinance or the issues raised are not same
with that of your dient. If you feel that a meeting between dty staff and your dient is
necessary to resolve this matter, please advise.
ve~/o~~ ~/ L.'---.O_
Nicholas I. Igwe l
Assistant Oty Attorney
CC: Mike Rumpf, Director of Planning & Zoning
Quintus Greene, Director of Development
Mike Haag, Building Code Admin.
Ca/dept/deveIopment/TayIor Ill'
"An Equal Opportun;ty/A[f;""ati"" Actian/ADA Employer"