AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting: Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office
0 March 20, 2001 Macch 7, 2001 (5:00 p.m.) 0 May 15,2001 May 2, 2001 (5:00 p.m.)
0 April J, 2001 March21,2001 (5:00p.m.) 0 June 5, 2001 May 16,2001 (5:00 p.m.)
IS! April 17, 2001 April 4, 2001 (5:00 p.m.) 0 June 19, 200t June 6, 2001 (5:00 p.m.)
0 May 1,2001 April 18, 2001 (5:00 p.m.) 0 July J, 2001 June 20, 2001 (5:00 p.m.)
0 Administrative 0 Development Plans
NATURE OF IS! Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 17, 200 I City Commission Agenda under Consent Agenda.
The Community Redevelopment Agency recommended that the subject request be approved. Staff also recommends that
the subject request be approved. For further details pertaining to this request see attached Department of Development
Memorandum No. PZ 00-01-063.
EXPLANATION:
PROJECT NAME:
LOTS 14 & PORTION of 15 BLOCK 1 HAPPy HOMES HEIGHTS
Lot Frontage, Lot Area, and Rear Setback
Robert Dwelle
Willie Ward
Lots 14 & 15 Block I Happy Home Heights
Request for relief from the City of Boynton Beach, Code of Ordinances, Land
Development Regulations, Chapter 2, Zoning, Section 5.f.2.a. to allow a single-family
home on a substandard lot zoned R-2 lot including variances for lot frontage, lot area,
and rear setback.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
City Manager's Signature
-lC() ~~?
Director of Planning d Zoning
City Attorney I Finance I Human Resources
\ICH\MAlN\SHRDATA\PlanningISHAREDlWPIPROJECTS\Lots 14 & 15 Block 1, Happy Home Heights, 4-17-01, 2001.dot
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
Meeting
Date:
File No:
Location:
Owner:
Project:
Variance
Request:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-063
Staff Report
Community Redevelopment Agency Board
and
City Commission
April 4, 2001
ZNCV 01-004 - Lot frontage, lot area, rear setback
Lots 14 & 15, block 1, Happy Home Heights
Willie Ward
Building a single-family home on parcel zoned R-2.
Request for three (3) variances from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single-
family home on a substandard lot zoned R-2:
1)' to allow an 8.87-foot reduction from the twenty-five (25) foot rear yard setback
required by code to allow a 16.13-foot rear setback;
2) to allow a 4.25-foot reduction from the minimum of sixty (60) foot frontage
required by code to allow a 55.75-foot frontage; and
3) to allow a 704 square feet reduction from the minimum 6,000 square foot lot
area required by code to allow development of a 5,296 square foot lot.
BACKGROUND
The subject property and surrounding neighborhood is currently zoned R-2, single and two-
family residential district (see Exhibit "A" -location map). The Happy Home Heights subdivision
was platted in 1924 with typical lot frontages being 40 feet, and typical lot areas at 4,000 square
feet; non-conforming by today's zoning standards (see Exhibit "B" - section of Happy Home
Heights Plat). The parcels on the sides of the subject property are both developed,
Robert Dwelle of Boynton Beach Faith Based Community Development Corporation (COG) is
requesting the above-referenced variances. The CDC is proposing to assemble three (3)
parcels to create two (2) equally sized parcels with the purpose of constructing two (2) single-
family homes as part of their affordable homes program (see Exhibit "C" - survey).
The three (3) parcels have a combined frontage of 111.5 feet, and a total area of 10,592 square
feet. The parcel as a whole does comply with the current site development regulations for the
R-2 zoning district, if the intention was to build a duplex. By creating two (2) equal smaller
parcels, with the intention of building two (2) single-family dwelling units, the resulting lots
become non-conforming for single-family homes per R-2 zoning regulations.
Page 2
COC variances
File No. ZNCV 01-004
The requirements to build a single-family dwelling unit within the R-2 zoning district, compared
to the subject lots are as follow:
-required lot frontage: 60 feet
-required lot area: 6,000 square feet
-required building rear setback: 25 feet
-proposed lot frontage: 55.75 feet
-proposed lot area: 5,296 square feet
-proposed building rear setback: 16.13 feet
The construction of a single-family home with the above referenced characteristics requires the
three (3) variances as described herein.
Staff surveyed the area and it was observed that the majority of dwelling units in the
neighborhood are detached single-family homes, built on substandard lots, and with some of
them having either front or rear setback deficiencies. City records show that a total of fifteen
(15) properties within the Happy Home Heights subdivision have been the subjects of variance
approvals since 1963. A breakdown of a portion of these approvals is as follows: ten (10) for
rear setbacks, six (6) for total lot area, and seven (7) for lot frontage. There are of course other
adjacent units that were constructed prior to modern site regulations and are therefore legal
non-conforming.
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.
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.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "0". In 1975 the City adopted new zoning regulations which caused many
parcels to become legally non-conforming, including the Plat of Happy Home Heights with
Page 3
CDC variances
File No. ZNCV 01-004
typical lot widths of forty (40) feet, and typical lot sizes of 4,000 square feet. Staff verified on
site that the substandard conditions still exist. Consequently, a large number of those parcels
have been developed for single-family homes. Staff concurs with the applicant that the
proposed homes will be consistent with the surrounding community, therefore, satisfying criteria
"d" above.
Staff also concurs with the applicant that the denial of the variances would leave the
undesirable options of constructing a duplex or a large single family home (or a typical single
family home on an oversized lot). Although the duplex would contribute to the affordable
housing options for the area, it would not meet the goals of the CDC and city's housing initiative
which emphasizes home ownership. With respect to the second option, the construction of a
single-family home on an oversized lot would not represent an affordable option due to
anticipated value and product costs. Therefore, it is the opinion of staff that the subject request
meets criteria "e" above, in that they represent the minimum variances necessary to make
possible the reasonable use of land.
Lastly, staff believes that granting the variances will not be injurious to the area nor detrimental
to the public welfare. On the contrary, staff concurs with the applicant that the proposed
buildings will be if) harmony with characteristics of the neighborhood including lot sizes, lot
frontages, house sizes and styles.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein a hardship condition exists. Futhermore, staff
concludes that the approval of the requested variances will the affordable housing goals, and
will increase the values of the community while decreasing slum and blight conditions in the
neighborhood and beautifying the general neighborhood streetscape. Furthermore, staff feels
that the applicant has proved conclusively the existence of hardship.
Based on the previous analysis, staff recommends that the requested variances be approved,
thereby granting relief from the City code to allow:
1) an 8.87 -foot reduction from the twenty-five (25) foot rear yard setback required by code to
allow a 16, 13-foot rear yard setback;
2) a 4.25-foot reduction from the minimum of sixty (60) foot frontage required by code to allow
a 55.75-foot frontage; and
3) a 704 square feet reduction from the 6,000 square feet lot area required by code to allow
a 5,296 square feet lot area, be approved.
No conditions of approval are recommended; however, any conditions of approval added by the
Community Redeveiopment Agency Board or City Commission will be placed in Exhibit "E".
MRJdim
S;\Planning\SHAREDlWPIPROJECTS\Lots 14 & 15 Block 1, Happy Home Heights, Lot Frontage, Lot Area, Rear Setback\STAFF
REP~lot frontage, rot area, rear setback.doc
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EXHIBIT "0"
A The Boynton Beach Faith Based Co=unity Development Corporation (CDC) is
proposing the construction of two single-family homes on a parcel of land located in the
Martin Luther King Blvd North Neighborhood as defined in the City of Boynton Beach's
Vision 20120 planning document. The total parcel ofIand consists of 2 lots and a portion
of a 3rd lot. Two of the lots are 40 feet wide and the remaining piece is approxirnztely 32
feet wide for a total width of 1I2 feet. The CDC is proposing the construction of two
single-family homes on the three lots. Each new home will sit on a piece of land
approximately 56 feet wide by 95 feet deep (5296 sq ft). The neighborhood is zoned
entirely R2. 1bis zoning designation requires 60-foot lots and 6000 square feet of area;
However, Eighty-five percent of the developed single-family homes in this community
are built on lots of fifty (50) feet or less in width. 1bis means that eighty five percent of
the existing homes would not conform with the current zoning requirements. Therefore
the R-2 zoning regulations for this co=unity are clearly not consistent with the vast
,
majority.bfthe property in this co=unity. 1bis creates a situation that is exact opposite
of the typical situation. The CDC is applying for a variance to build homes consistent
with the rest of the co=unity, not deviating from the rest of the community.
This zoning designation creates a tremendous barrier to the development of this
co=unity. There are 15 scattered lots in this co=unity that are less than 50 feet in
width. All of these lots would be not be developable under these. regulations, and would
sit vacant. This would only propetuate the slum and blight conditions in the
neighborhood.
The CDC wishes to work with the City on an on going basis to revise these burdensome
regulations and begin the development of the co=unity. Each vacant lot in this
comTTTIlnTty provides an opportunity for a homebuyer to fulfill their dream of
homeownership and an opportunity to add value to the co=unity. The CDC is
committed to working with the City to make that a reality.
B. The platting, zoning and construction of the other homes in the co=unity occurred well
before the CDC was even in existence. The actions of the CDC in no way created these
circumstances.
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C. The CDC is not receiving any particular benefit over other individuals or developers; the
CDC only requests that it be permitted to construct homes that are consistent with 85
percent of the homes in this community, which are under the same zoning designation.
D. The City of Boynton Beach funded the CDC in order to provide housing opportunities to
low and moderate-income first time homebuyers and to develop and increase the value of
this community. The CDC currently has two qualified homebuyers that have overcome
many obsticules to qualifY for a loan. These two families are ready and waiting to move
into the proposed homes. By only permitting the construction of one home, a family
would be denied a rare opportunity to occupy a brand new residence. Additionally, if the
CDC were to only build one home, the cost of the home would increase due to the
increased land cost. This increase would, in turn, eliminate both buyers.
The CDC wishes to increase the tax base and property value of the community. Building
two homes instead of one would double the tax output. Two homes would also reduce
,
vacant land in the community, thereby increasing home values. Additionally, if the CDC
built only one home on the 2 lots, that home would look very out of character, Since the
CDC's homes are only 35 feet wide, there would be a yard space of38 feet on each side
of the house, This wonld give the appearance of a vacant lot on each side of the home.
Maintaining this large lot would place a higher financial burden on the property owner.
This could potentially result in a poorly maintained lawn, always a co=ity eyesore.
Small lawns are much easier for an owner to maintain, less costly, and consistent with the
concept of building affordable housing.
E. There are 110 single family homes in the community that sit on lots that are fifty (50) feet
or less, including the home right next to the CDC's proposed site. In fact, immediately to
the north of the CDC's proposed site on NE 13th Ave there are four homes that were
constructed four years ago that look nearly identical to the homes the CDC is proposing.
All four homes were built on fifty (50) foot lots. The CDC is only requesting the
mmimal amount needed to construct two affordable homes that will be compan1lle with
eight-five percent of the other homes in the community.
F. The intent of the ordinance is to prevent building on smaller lots located in communities
where the majority of the homes are set on larger lots. Those squeezed in homes would
certainly be out of character in the neighborhood. This is clearly not the case in this
(
community. The CDC's proposed homes will appear quite compatible with the other
homes in the community. The CDC's homes will eliminate vacant land in the
community, make affordable housing opportunities available to low income first time
home buyers, and make a positive impact on the value of the surrounding residences.
<'