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APPLICATION DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-048 FROM: Sue Kruse City Clerk Jl. Michael W. Rumpf' J f) f~ . Director ofPlannin@ Zoning TO: DATE: March 22,2001 SUBJECT: Lots 15 & 16 Block 1, Happy Homes Heights, Lot Frontage, Lot Area, and Rear Setback Zoning Code Variance 01-005 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A transfer request in the amount of $600.00 from Community Redevelopment Division budget to cover the review and processing of this application and a check in the amount of $55.48 to cover postage for both variances has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the April 10, 2001 Community Redevelopment Agency Board meeting. Please advertise in the newspaper and notice to property owners accordingly. J;\SHRDA TA\PlanningI.5HARED\WP\PROJECTS\LolS 15 & 16, Block I, Happy Home Heights, Lot Frontage, LOI Area, and Rear Setback\Legal nOlice.doc llliQUEST FOR PUBLISHING LEGAL NO. '::ES AND/OR LEGAL ADVERTIS,,- iENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: March 22.2001 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for a single-family house to be built in a lot with a 55.75 feet frontage in lieu of the required 60.00 feet. with a 5.296 square feet in lieu of the required 6.00 square feet. and with a rear setback of 16.13 feet in lieu of the 25.00 feet required for a single-family house in a R-2 zoning district. Community RedevelojJment Agencv Board meeting to be held on April 10. 2001. at 6:30 p.m. at the Commission Chambers. City Hall. 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked March 26. 2001) within 400 foot radius of the subiect property. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: March 26. 2001 LAST DAY TO FAX TO THE PAPER BY 3:00 P,M.: March 22,2001 APPROVED BY: (1~~I* kla.h. V --;&<)-ilkf: /2u.w?== lOriginator) O!' -.22 -0 J (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: 1\TOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Willie Ward Request: Relief from Chapter 2, Zoning, Section 5.F.2.a, to allow a single- family home in a lot with a frontage of 55.75 feet, a variance of 4.25 feet frontage from the 60 feet required for a single-family house in a R-2 zoning district. Request: Relief from Chapter 2, Zoning, Section 5.F.2.a, to allow a single- family home in a lot with a total of 5,296 square feet, a variance of 704 square feet from the 6,000 square feet required for a single- family house in a R-2 zoning district. Request Relief from Chapter 2, Zoning, Section 5.F.2.a, to allow a single- family home to be constructed with a rear set back of 16.13 feet, a variance of 8.87 feet from the 25.00 feet required for a single- family house in a R-2 zoning district. Location: Lot 15 & 16 Block I, Happy Home Heights Legal: LOT 15, LESS THE WEST 24.25 FEET, AND LOT 16, BLOCK 1, HAPPY HOME HEIGHTS, AS RECORDED IN PLAT BOOK 11, PAGE 30, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 10, 2001, AT 6:30 P.M, All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Community redevelopment Agency Board with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST March 26,2001 PROJECT NAME: Lots 15 & 16 Block 1 Happy Homes Heights, Lot Frontage, Lot Area, and Rear Setback LOCATION: Lots 15 & 16 Block 1 Happy Homes Heights COMPUTER In: 01-82000005 PERMIT #: I FILE NO.: ZNCV 01-005 I TYPE OF APPLICATION: Zoning Code Variance AGENT/CONTACT PERSON: Robert OWNER/APPLICANT: Willie Ward Dwelle PHONE: 561-752-0303 PHONE: 561-752-0303 FAX: N/A FAX: 561-752-0302 ADDRESS: 428 NW 3'd Ave., Boynton Beach, ADDRESS: 404 NW 13th Ave., Boynton Florida, 33425 Beach, FL 33425 Date ofsubmittal/Projected meetin~ dates: SUBMITTAL / RESUBMITTAL 03/01101 1sT REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 03/27/01 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED 04/07/01 (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT 04/10/01 AGENCY BOARD CITY COMMISSION MEETING: 04/17/01 COMMENTS: \\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Lots 15 & 16, Block 1, Happy Home Heights, Lot Frontage, Lot Area. and Rear Setback\200 I PROJECT TRACKING INFO.doc DEPARTMENT OF DEVELOPMENT DIVISION OF COMMUNITY REDEVELOPMENT MEMORANDUM NO. 01-029 TO: Michael W. Rumpf, Planning & Zoning Director FROM: Octavia S. Sherrod, Community Development Manager DATE: February 28,2001 SUBJECT: Boynton Beach Faith Based Community Development Corporation Zoning Variance Applications Attached you will find two (2) applications for a variance for the applicant referenced above to build two (2) affordable houses on the property described as: Happy Home Heights, Lots 14, less 8.5', Lot 15 to 16 inclusive, Block 1 PCN #08-43-45-21-20-001-0141 $/,200 Please charge the processing fee of $800-:00 to account #122-2418-554.49-64. Feel free to contact me with any questions or concerns you may have regarding this matter. OSS:dar Attachments \\1': rm,r;/.JU\S (~R ul'.1 /. \Gr..fjj.mur.it~r/? !1\rr;"r.;"::-\/JjOt\8Gr-GGDC-.V,,ri;;nG;:-.GGC , APPLICATION ACCEPTANCE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or Tvpe Submittal Date: Ma r chI. 2001 The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot( s) 15 and 16 Block 1 Subdivision Happy Home Heights Plat Book 03693 Page 0061 or otherwise described as follows: Property Address Variance requested "'. See Attached (next page) The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site \ G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: VARIANCE REQUESTED 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 in a substandard R-2 zoning district lot. Variances for: . Lot Frontage . Lot Area . Rear Setback Page 2 Zoning Code Variance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse, including a tax map showing placement of 400 feet boundary. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate, as well as labels or addressed envelopes and postage (1"class-- stamps or payment for required postage). 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aaent is submittina the oetition, a notarized coov of a letter desianatina him as such must accomoanv the oetition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint or tvoe): 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 chapter 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 granting of the variance will be in harmony with the general intent and purpose . of this chapter and that such variance will not- be injurious.to the area involved or otherwise detrimental to the public welfare. 6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Page 3 Zoning Code Variance Application 7. Name and address of owner: Wit.l..lc WARD - Y'Z8 NW ,jlUJ AVe, &YJJf7)t-J . 33Y:!:; fAITH BAS.CO (OJ/'l1ttIJNITY O~. (ot.f. 8. Name of applicant: BOYN rON BtACH 9. Applicant's address: PO 8o'lf 337 . /30 'NT7>/V Signature of Applicant: zs Applicant's phone #: (.5" Date: 03/1101 5~ -0303 {JdJe-l/Jff 10. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. TO BE COMPLETED BY PLANNING AND ZONING 1. Property is presently zoned: formerly zoned: 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required): 4. Nature of exception or variance required: 5. Case Number: Meeting Date: Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: Chairman Page 5 Zoning Code Variance Application CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLlCANT/AGEN 'f3OYNfOP (!, IYW-I Ftllflj 1'3/1 Sf:() CfK tZoU1J.r OLoJ~c.<..E APPLICANT'S PROPERTY. NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV.APP October 15, 1998 . ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303. FAX (561) 752-0302 Courtney Cain Victor Marshall President Vice-President TO: Michael W. Rumpf, Planning & Zoning Director FROM: Robert Dwelle, Project Manager, Boynton Beach Faith Based Community Development Corporation DATE: February 28,2001 SUBJECT: Variance Application, Postage Payment Please find attached the payment for the postage for the Boynton Beach Faith-Based Community Development Corporation's Zoning Variance. The amount is determined as follows: 86 piece of mail x 0.34 per piece = 29.24 x 2 applications = $54.48 DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 01- 043 TO: Diane Reese Finance Director . (,) ; y' Michael W. Rurnpt-"'. Y ~ Planning and Zoni irector FROM: DATE: March 13,2001 SUBJECT: Budget Transfer The Community Development Division will be paying the processing fees for six (6) variances submitted to the Planning and Zoning Department by Mr. Willie Ward. The variance fees total $1,200.00. Please transfer $1,200.00 from account number 122-2418-554-49-64 to accouttt number 001-0000-104-10-00 (Variance Revenues). Thank you for your cooperation. cc. Octavia Sherrod, Community Developmettt Manager Kate Law, Building Division Sue Moroney, Finance Departrnent MWR: S,\PLANNINGISHAREDI\VP\CORRESP\F1NA}..:CEIV ARIANCE FEE TRANSFER MEMO DOC ? - ~ , , - , , - - ~ ; - , - - ~ , - , - - - - - - - ~ 0 ;:; - o ~ ~. If ~ Ii! :g ~ 8 ! ::3 ....... a::: --' :z:: u (D I U --------- ~ I :OJ"::;! .' i~ j~ ,>j'g ";i~~' ~ l.- ~ ~-~'---"'L_ '''- "~1;\)lv..TT ~-'- -f.M,. 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'':'':''':' .. : ' CO:'liTRACT FOR SALE f , D I'CRCHASE rn 1 \HI~\H __ "PARTIES: W,LldE WAllO l( [,'0 /VW .. vP___A>Jc ; -{30t71~ ISfI''--I1..,_EL ~3~K (Phone) "and ~D)lNTi>N i'SEACH FAjTf7' 5A5DJ~G{)L .. _ ("Buyer'). 40f. 0 BDX 33L {3C)'IJTOA) I3EACH, t:L 33YZS- (Phone) (S'Gi17,).2 -a303, 5 hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively "Property") pursuant to the terms and conditions 01 this Contract 6 for Sale and Purchase and any riders and addenda ("Contract"): 71. DESCRIPTION: *8 (a) Legal description of the Real Property located in -.1?l1l...iVJ ...JlAPPY HO",E HEltrHTS: L T I~ ("Se"e~). 20f 9 8cA CH ( LeSS County, Florida: 6.S-H) LTJ'i - - to Lt If, /N( 13lK J)U2 ,1/ AVE lSOYi'YrOI\J ~fM_H 10 'If '12 13 14 (b) Street address, city, zip, of the Property is: (c) Personal Property: ____ AJ/A , *1511. PURCHASE PRICE: ... . 16 PAYMENT: *17 (a) Deposit held in escrow by (Escrow Agent) in the amount of .. *18 (b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date (see Paragraph Ill) in the amount of.. *19 (c) Subject to AND assumption of existing mortgage in good standing in favor of 20 having an approximate present principal balance of . $ *21 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of $ *22 (e) Purchase money mortgage and note to SeUer (see rider for terms) in the amount of $ *23 (f) Other: $ *24 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations ................. $ 25111. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing *26 between the parties on or before JeA 23 I 200. ____, the deposit(s) will, at Buyer's option, be retumed and this offer withdrawn. For purposes of delivery or notice of 27 execution, parties include Buyer and Seller or each of the respective brokers or attomeys. The date of Contract ("Effective Date") WIll be the date when the last one of the Buyer and Seller 28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. 29 IV, FINANCING: $ cuX>O $ $ <..{ ,0)0 *30 0 (a) This is a cash transaction with no contingencies for financing; *31 !Sl (b) This Contract is conditioned on Buyer obtaining a written loan commitment within ~ days after Effective Date for (CHECK ONLY ONE): frI a fixed; a an adjustablfl; or a a "'32 'fiXed or adjustable rate loan in the pnncipal amount of $ ___..~~1L-~, at an initial Interest rate not to exceed _ %, discount and origfn;tion fees not to exceed _ % of *33 principal amount, and for a term of _~ years. Buyer will make application within _ days (5 days If left blank) after Effective Date and use reasonable diligence to obtain a loan 34 commitment and, thereafter. to satisfy terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive 35 Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the terms and conditions of the commitment by the closing date, 36 then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or *37 0 (c) The existing mortgage, described in Paragraph lI(c) above, has: 0 a variable interest rate; or 0 a fixed interest rate of ~._ %. per annum. At time of tille transfer, some fixed t38 interest rates are subject to increase; if increased, the rate shall not exceed ~_ % per annum. Seller shall furnish a statement from each mortgagee stating the principal balance, 39 method of payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which requires approval 40 of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and return it to the mortgagee. Any mortgagee charge(s), "'41 not to exceed $. (1% of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements for assumption 42 are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the staled amount, Seller or Buyer may rescind this Contract by written notice to the 43 other party unless either elects to pay the increase in interest rate or excess mortgage charges t44 V. TITLE EVIDENCE: At least ~_ days before closing date (CHECK ONLY ONE): 0 Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; or CJ Buyer shall at Buyer's ~45 expense obtain (CHECK ONLY ONE): 0 abstract of title; or ~ title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an 46 owner's policy of title insurance. *47 VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on () r be h>re_ V~ ~~, unless modified by other provisions of this Contract. 48 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans. zoning, restrictions, prohibitions and other requirements imposed by 49 governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision: outstanding oil, gas and mineral rights of record without right of entry; public 50 utility easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 51 lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); \-52 provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for purpose(s). 53VIII, OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof 54and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy 55 is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy. shall be responsible and liable for maintenance from that date, and shall be deemed 56to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. 57 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions. riders and addenda shall control all printed provisions of this Contract in conflict with them. 58 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): t59 0 COMPREHENSIVE RIDER ~OMEOWNERS' ASSN. 0 COASTAL CONSTRUCTION CONTROL LINE "60 0 CONDOMINIUM "AS IS" 0 INSULATION '<61 0 VA/FHA LEAD-BASED PAINT 0 '<62 XI, ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; Q may assign but not be released from liability :63 under this Contract; or 0 may not assign this Contract. 64 XII. DISCLOSURES: 65 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient Quantities may present health risks to persons who are exposed to it over time. Levels of radon 66 that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. 67 (b) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. 68 (c) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory. 69 (d) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 70 (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTil BUYER HAS RECEIVED AND READ THE 71 HOMEOWNERS' ASSOCIATION DISCLOSURE. 72 XIII, MAXIMUM REPAIR C;:TS: Seller shall not be responsible for payments in excess of: *73 (a) $ ~ for treatment and repair under Standard 0 (if blank, then 2%. of the Purchase Price). *74 (b) $ t for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). *75XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE O. 76 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part of this Contract. 77 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 78 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. 79 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should 80 be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. 81 ~ . COPYRIGHT 199B BY THE FLORIDA BAR AND THE FLORID~ ASSOCIATION OF REALTORS 82 ~~~ ~ 2-2O:o( 11)~ lJJ~ c;.-C'J-O-ol 83 (Buyer) '1IVTO/V (l,1iA(.H FIVTIf 8J6etJ c.J)L (Dale) ~ (Dale) Social Securify or Tax 1.0.' l)fo4 - 9$3 - 66''12...- *84 Social Security or Tax 1.0. # ~/~ *: Buyer) ~...e-.- . 2 - 2.....""1 (Date) (Seller) (Date) *87 Social Security or Tax 1.0. # Social Security or Tax 1.0. # *88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 89 BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the onry brokers entitled to compensation in connection with this Contract: (Escrow Agent) *90 Name: 91 Cooperating Brokers, If any listing Broker ~,,'vr-nr: '" '''r''~''''T c::r-nl/lrr:-(: INr lei l::C"1I IP,S0I65f'i.7590 92 STANOARDS l'UR REAL ESTATh J J("\.i~~ALHOI'- 93 A. EVIDENCE OF TITLE: (1) An abm.r~ prepar!" ~ brought current by a reputable and existing abstract firm (il(isting thon certified as correct by an existing firm) purporting 94 to be an accurate synopsis of the InstrumAnts 8neclinf. 10 the real property recorded in the public records of the cour"" wherein the real property is located through Effective Date. It 95 shaH commence with the earliest public records, or such Ii:ulifr date as may be custom'ary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject 96 to the right of retention thereof by first mortgagee until fully paid. (2) A title Insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the 97 deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the real property, subject only to liens, encumbrances, exceptions or 98 qualilicatlons provIded In this Contract and those to be discharged by Seifer at or belore closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or 99 qualilications provided in this Contract. Marketable title shall be determined according to applicable TWo Standards adopted by authority of The Florida Bar and in accordance with law. 100 Buyer shall have 5 days from dale 01 receiving evidence of title 10 examine it. If tiUe is found defective, Buyer shall within said 5 days notify Seller in writing specifying ttle defect(s). If defect(s) 101 render title unmarketable, Seller will have 30 days from receipt of notice to remove the delects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, 102 deliver written nolico 10 Soller eilher: (1) extending the time for a reRsonnhle period not to exceed 120 dAYS wiltlin which Seller shall use diligent effort to remove Ihe defects; or (2) requesting 103 a refund of deposit(sl paid which shaH be immediately returned to Buyer. If Buyer fails to so notify Seller, 8uyer shall be deemed to have accepted Iho title as it then is. S~lIer shall, if title 104 is found unmarketable, use diligenl effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive 105 a refund of deposlt(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If evidence of title is delivered to Buyer less than 5 days prior to closing, Buyer 106 may extend closing date so that Buyer shall have up to 5 days from dale of receipl of evidence 01 title to examine same in accordance with this Standard. 107 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of 108 default If a first mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for right 01 prepayment in whole or in part without penalty; shall permit acceleration in event 01 109 transfer of the real property; shall require all prior liens and encumbrances to be kept in good standing and lorbid modilicatlons of or future advances under prior mortgage(s); shall require Buyer 110 to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the real property against fire and all perils Included within the term "ex1ended 111 coverage endorsements" and such other risks and perils as Seller may reasonably require. in an amount equal to their highest insurable value; and the mortgage. note and security agreement 112 shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally 113 utilized by savings and loan institutions or state or national banks located in the county wherein the real property is located. All personal property and leases being conveyed or assigned will, at 11-<\ Seller's option. be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. 115 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of tlUe and to examine same, may have the real property surveyed and certified by a registered Florida 116 surveyor. If the survey discloses encroachments on the real property or that improvements localed thereon encroach on setback lines, easeT11.ents. lands of others or violate any restrictions, \ 17 Contract covenants or applicable governmental regulation, the same shall constitute a tllle defect. 118 D. TERMrTESlWOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title, may have the Property inspected by a Florida Cerlllled Pest 119 Control Operator ("Operata!") to determine il there is any visible active termite infestation or visible damage from termite Infestation. excluding fences. If either or both are found, Buyer shall have 1?O 4 dllYs from dAte of written notice thereof within which to have cost of treatment, if required, estimated by tho Operator Ilnd all damage inspected and estimated by a licensed builder or general 121 contractor. Seller shall pay valid costs of treatment and repair of all damage up to Ihe amount provided In Paragraph XIII (a). II estimated costs exceed thaI amount, Buyer shall have the option 0: 122 canceling this Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction and receive a credit at closing 123 on the amount provided in Paragraph XIII(a). "Termites" shall be deemed to Include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended. 12>1 E.INGRESS AND EGRESS: Seller warrants and represents that there is Ingress and egress to the real property sufficient for its Intended use as described in Paragraph VII hereol, title to 125 which Is in aCCOrdance with Standard A. 126 ELEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies 01 all written leases and estoppelletlers Irom each tenant specifying the nature and duration of the tenant's 127 occupancy, rental rates, advanced refit and security deposits paid by tenan!. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer 128 within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant to confirm such information. Seller shall, at closing. deliver and assign all original leases to Buyer. 129 G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of hen or potential 130 lienors known to Seller and lurther attesting that there have been no improvements or repairs to the real property lor 90 days Immediately preceding date of closing. If the real property has 131 been Improved or repaired within that time. Seiter shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in 132 addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or 133 repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract. 13>1 H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property Is located at the office of the attorney or other closing agent ("Closing Agent") designated by SeIJer 135 I. TlME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall 136 end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 137 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill 01 sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel letters 138 and corrective instruments_ Buyer shall furnish closing slatement. mortgage, mortgage note, security agreement and linancing statements. 139 K. EXPENSES: Documentary slamps on the deed and recording of cormctive Instruments shaH be pflid hy SeIlI'H. Documentary stamps and Intangible tax on the purchase money mortgage 140 and any mortgage assumed. mortgagee title insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid 1>11 by Buyer. Unless otherwise provided by law or rider to this Contract. charges for the following related title services, namely title or abstract charge, title examination, and settlement and 142 closing fee. shall be paid by the party responsible for furnishing the title evidence in accordance with Pamgraph V 1>13 L PRORATIONS; CREDITS: Taxes. assessments. renl, intemst. insurance and otller expenses of lhe Property shall be prorated through the day before closing. Buyer shall have the option 144 of taking over existing policies of Insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorahons to 1>15 be made through day prior to closing, or occupancy, If occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee 1>16 will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing 1>17 occurs at a date when the current year's millage is not fixed and current year's assessment Is available, taxes will be prorated based upon such assessment and prior year's millage. If 148 current year's assessment is not available, then taxes will be prorated on prior year's tax. If there are r..ompJeted improvements on the real property by January 1 st of year of closing, which 1>19 Improvements were not in existence on January 1 st 01 prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between 150 the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking Into account available exemptions. A tax proration based on an estimate 151 shall. at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. 152 M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by SeUer. Pending liens as of 153 date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending tien shall be considered certified, confirmed or ratified 15>1 and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the Improvement by the public body. 155 N.INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia ar"\d soffits) and exterior and Interior walls, foundatioo, seawalls (or equivalent) and 156 dockage do not have any Visible Evidence of leaks, water damage or structural damage and that the septic t8nk, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing 157 systems and maChinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Buyer'S expense, have 158 inspections made of those items within 20 days after the Effective Date, by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) 159 or by an appropriately licensed Florida cootractor, and Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet 160 the above standards as to defects. Unless Buyer timely reports such delects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are 161 required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIII(b). Seller is not required to make repairs or replacements of 162 a Cosmetic Condition unless c..,used by a defect Seller is responsible to repair or replacn. If the cost for such repair or replaeemenl exeeeds the amount provided in Paragraph XtII(b), Buyer or 163 Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. 16>1 Seller shall, upon reasonable notice, provide utilities service and accoss to the Property for inspections, including a walk-through prior to closing, 10 confirm that all Items of personal properly are 165 on the real property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool, if any, 166 has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contr;'1cl: (a) 'Working Condition" means operating in the manner in which 167 the item was designed to operate: (b) "Cosmetic Condilion~ means aesthetic impE>rlections that do not affect the working condition of the item. including, but nollimited to: pitted marcite; missing 168 or tom screens; fogged windows: tears, worn spots, or discoloration of floor coverings, wallpaper. or window treatments; nail holes. scratches, dents, scrapes, chips or caulking in ceilings, walls. 169 flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (c) cracked roof tiles, curling or worn shingles, or limited roof life shall not be 170 considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's responsibility to replace or repair. 171 O. RISK OF LOSS: If the Property Is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged. 172 cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. lIthe cost of restoration exceeds 173 3% of the assessed valuation 01 the Property so damaged, Buyer shall have the option of either taking the Properly as is. together with either the 3% or any insurance proceeds payable 17>1 by virtue of such loss or damage. or of canceling this Contract and receiving return of the deposit(s). 175 P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at 176 Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be 177 held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title Is rendered unmarketable. through no 178 fault 01 Buyer, Buyer shall, within the S-day period, notify SeHer in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. ff SeUer fails 179 to timely cure the defect, all deposlt(s) and closing funds shall. lJpon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such 180 repayment, Buyer shall return the personal property, vacale the real property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely 181 demand for refund, Buyer shaJ1lake title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed 182 or bill of sale. If a portion of the purchase price is to be derived from institutional financing or relinanclng, requirements of the lending institution as to place, time of day and procedures for 183 dosing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written 184 commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this 185 Standard shall be waived If Ihe title agent insures adverse matters pursuant to Section 627.7841, FS., as amended. 186 a. ESCROW: Any escrow agenl ("Agenr) receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and. subject to 187 clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds 10 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities 1811 under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement 189 of a court 01 competent jurisdiction shall determine the rights 01 the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying 190 all par lies concerned of such action. aU liability on the part of Agent shalt fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed 191 real estate broker, Agent will comply with provisions of Chapter 475, FS., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent 192 hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from 193 and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shalt not be liable to any party or person for misdelivery to 194 Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions 01 this Contract or gross negligence of Agent. 195 R. ATTORNEY'S FEES; COSTS: In any litigation, inctuding breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation. which. for purposes of 196 this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shalt be entitled to recover from the 197 non-prevailing party reasonable attorney's fees, costs and expenses. 198 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposlt(s) agreed to 199 be paid. may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution 01 this Contract and in full settlement of any 200 claims; whereupon, Buyer and Seller shall be relieved of aU obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. 201 II for any reason other than failure of SeHer to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. Buyer may seek specific performance 202 or elect to receive the return of Buyer's deposlt(s) without thereby waiving any action for damages resulting from Seller's breach. 203 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of It shall be recorded In any public records. This Contract shall bind and Inure to 204 the benefit 01 the parties and their successors in interest. Whenever the contex1 permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for 205 any party shall be as effective as il given by or to that party. 206 U. CONVEYANCE: SeUer shall convey title to the real property by statulory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of SeUer, subject 207 only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty 208 01 title, subject only to such matters as may be otherwise provided for herein. 209 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this 210 Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties Intended to be bound by it. 211 W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been '212 disclosed to Buyer. ..1 " \:mrl~pllpr( )( ) acknow1ed!ll! receipt of a COPY,?' this page. ADDEl"lDUM TO AGREEMENT TO SELL REAL ESTATE Seller: WILLIe WAliJ Buyer:~OYNfO/J BEACH FAITH (J/lS[l) ClJC Property Address: Zoning Variance The City of Boynton Beach has passed an ordnance requiring a zoning variance for construction on any lots less than 7,500 square feet. In order to build 2 single-family homes on the subject Real Property presented in this contract, a zoning variance 11'.111 be required. This contract 11'.111 be contingent upon the Buyer, at Buyer's Expenses, olXaining a Zoning variance from the City of Boynton Beach. If Buyer is unable to obtain a variance in the time allOlM!d, then Buyer may by witten notice to the Seller, cancel this Contract and Buyer shall be refunded the deposit(s). Date: Ql.-~-lll Buyer:~ <:'- ~ .~ Print Name: Cc>c;,r~"'y L<;.-/-"'" Buyer: ~ ,/f - ~.. '.:> Print Name: (~r"A-/7~Y ~ ~;'? Seller: w:.RL.: l-v ;;? Print Name: bUlolL/I'e 'l9fW Date: J -2.s:o( Date:~-2~O( Date: Seller: Print Name: .. "",0;=.=..0;=.. .... "''''''' .. '=>='=-MENT TO SELL REAL ESTATE =~:::~~::~::c=: :: ~ ="'-=~~_ "''::.~=-.o:-''--~''''~~="",,:~ ="-~:'::._", Seller: WILLI t. LvA/UJ Buyer: (3() Y IV TOil) ~ fJJ CH FAlrl-/ !JASEl) (O~ Property Address: SOIL TESTING Buyer, at Buyer's expenses, within the time allowed to deliver evidence of title, may have the Real Property Soil Tested, by a ROOda Certified Testing Agency. If the results of the test show that the soil is unsuitable for the construction of a single family home or the construction of a single family home v.ould be possible with an increase in 1 % or more of the construction costs, then Buyer, may by witten notice to the Seller, cancel this Contract and Buyer shall be refunded the deposit(s). Date: :(.-:<r:o( Buyer: ~ ./~ 0-"'::'> Print Name: ("'o~/"-In/ r:6 _~ Date: ;Z -2" r:O( Buyer: ~ _ ~ ~, Print Name: CCJ(;r~,..y 1""'",,;-' Date: ;;l. - 015" -Q I Seller: / J..)~ UJ c:::?7 Print Name: /.J.JtlLte W,9Rb Date: Seller: Print Name: A. The Boynton Beach Faith Based Community 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 20/20 planning document. The total parcel of land consists of 2 lots and a portion of a 3rd lot. Two of the lots are 40 feet wide and the remaining piece is approximately 32 feet wide for a total width of 112 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. This 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 buih on lots of fifty (50) feet or less in width. This 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 community are clearly not consistent with the vast majority of the property in this community. This 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 comnmnity, not deviating from the rest of the community. This zoning designation creates a tremendous barrier to the development of this community. There are 15 scattered lots in this community 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 community. Each vacant lot in this community provides an opportunity for a homebuyer to fulfill their dream of homeownership and an opportunity to add value to the comnnmity. 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 comnn.nity occurred well before the CDC was even in existence. The actions of the CDC in no way created these circumstances. C. The COC is not receiving any particular benefit over other individuals or developers; the COC only requests that it be pennitted to construct homes that are consistent with 85 percent of the homes in this community, which are under the same zoning designation. O. 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 qualliY for a loan. These two families are ready and waiting to move into the proposed homes. By only pennitting the construction of one home, a family would be denied a rare opportunity to occupy a brand new residence. Additionally, if the COC 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 COC 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 buih only one home on the 2 lots, that home would look very out of character. Since the COC's homes are only 35 feet wide, there would be a yard space of38 feet on each side of the house. This would 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 community 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 COC's proposed site. In fact, immediately to the north of the COC's proposed site on NE 131h Ave there are four homes that were constructed four years ago that look nearly identical to the homes the COC is proposing. All four homes were built on fifty (50) foot lots, The COC is only requesting the minimal amount needed to construct two affordable homes that will be compatible 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 cnc's proposed homes will appear quite compatible with the other homes in the community. The cnc'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. I I I I .' I I I I I I ___ 1 I I I I I I I ':.r." I "', , "I I I ~ I '" '-.j I ,,"'L:. I ::! ~ I 'T I.. '" -r;"'" I I ~I' ~- J I (l~ I s;! I '" ~ ~ ~ ~ i = i s;! ~ 1~-7Rnn Ci"i 1 I ~T~ I~f--~ _ ~ tL- N I E 16 - C "; T _ -, ~ --c- (e w! ,.' , '" I I [- 81 ~ :<l rIN!M :!-io N,N N -,,~I~ ""l'rl~ MI ~ ~i'" ~i I I '" (s:- ~', & ~ ! ~ l::J - '" I 'J ~ I '" I '" ~ ~YJi'" ~i ~ ,,;i'" ~ n I""J I ~ ~ I I ~~'u Rils;! I ~ ~IOOI~ ~n I Is;!'" 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I.~',: ,..,-..".,- ~ i III N Jl , 13 t , III ~ :f i! ~ ~ " . ~ !>l ; , . .... -q '3 .J ''''" Palm Beach County Property Aj liser Property Search System Page 1 of2 . Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Owner Information I Owner Name IW ARb MOSES & II Situs Address liNE 12TH AVE II Parcel Control Number 1108-43-45-21-20-001-0141 Confirmation Information Subdivision: IHAPPY HOME HGTS IN II Book:II03693II page:110061 II D~~~~IIJlli1-19821 Mailin~11428 NW 3RD AVE I~ HAPPy HOME HEIGHTS LT 14 (LESS W 8.50 FT) & LTS Address: I I 115 TO 16 INC BLK 1 1 IBOYNTON BEACH FL 33435 4037 I 1 I 2000 Certified Appraisal I Improvement value:11 $011 Number of units:1I I Land value:11 $14,10511 Total Sq. Ft:11 I Market value:11 $14,10511 Acres:1I I Use Code:11 0000 II Description:IIV ACANT II Petition No:IIOOOOOO 2000 Certified Tax 2000 Assessed & Taxable values Ad valorem:11 Non ad valorem:1I Total:11 $343.3711 $0.0011 $343.3711 Assessed value:1I Exemption amount:1I Taxable:1I $14,105.001 $01 $14,105.001 2000 Exemption I DescriPtion:1I I Exemption Holder:1I II cOde:ID II Percentage:1 http://www.co.palm-beach.fl.us/papa/detaiUnfo.asp?p _ entity=084345212000 1 0 141 04/04/2001 Page 1 of 1 . Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Rows 1 to 14 displayed. Click on row to see more information. Ownet" Name Situs Address Parcel Control Number BOYmON BEACH CITY OF 1309 RAILROAD AVE 08-43-45-21-20-001-0010 BO.YNTON BEACH CITYOF RAILROAD AVE 08-43-45-21-20-001-0030 JEFFERSON.])ORIS]) 1303 N RAILROAD AVE 08-43-45-21-20-001-0040 BOYNTON BEACH CITY OF NE 13TH AVE 08-43-45-2 I -20-001 -0060 MURPH MARIE 418NE13THAVE 08-43-45-2 I -20-001-0070 KlNG ANNIE 416NE 13TH AVE 08-43-45-21-20-00 I -0080 KING ANNIE NE 12TH AVE 08-43-45-21-20-001-0090 KING JACQUELINE L 406 NE 13TH AVE 08-43-45-21-20-001-0100 ])EAN T I:I&_ROSEfJA J NE 13TH AVE 08-43-45-21-20-001 -01 10 ROBERSON HENRYp 402 NE 13TH AVE 08-43-45-21-20-001-0120 ALLEN ELEANOR 401 NE 12TH AVE 08-43-45-21 -20-001 -0130 WARD MOSES & NE 12TH AVE 08-43-45-2 I -20-001-0141 - - MEEKBHERMf\N ET AL 413 NE 12TH AVE 08-43-45-21-20-001-0170 ~UJLER P 'j/& KATIE M NE 12TH AVE 08-43-45-21-20-001-0180 . [!] Please send comments to : prQPapp@t:Q.j!p-lm-bc.a.c:h.jl.!l.s? Copyright @ 2000 by Palm Beacb County Property Appraiser All Rights Reserved . ../namesbypcn.asp?which ycn=bypcn&CTY =08&RNG=43&TWP=45&SEC=2 I &SUB 1 =2004/04/200 1