AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\I
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l'iATURE OF
AGENDA ITEM
o Administratlvt:
~ Consent Agenda
o Public Heonng
o Bids
o Announcement
o Development Plans
o ~~ew Business
o Legol
o Cnfinishcd Business
o Present;:ttioll
RECOl\i[l\tIEI'IDATION: Please place the request belo\\ 011 the October 17,2000 City' Conm1ission AgendJ under Consent
~ Ratification of Planning ..J:1d Development Boord action. The Pbnning and De\'elopment Board \vith J un:lIlimOllS yote,
recommended that the subject request be approved (there 01'-.' no conditions [t'commended by st.J.tl nor the Pl.:tnning and
Development Board). For further details pertaining to this reyuest see JttJ.ched Department of De\'t~lopment i\lemorandul11
No. PZ 00-285.
EXPLANATION:
PROJECT NAME: CASE V ARIAl'iCE (front setback)
AGENT/OWNER: Gary C & PorneIa J. Cose
LOCATION: 811 Ocean Inlet Drive
DESCRIPTION: Relief from Chapter 2. Zoning, Section 5 C.2.a. requiring a minimum front setbJck of 25 feet to Jllo\\' a
five (5) foot front variJ.l1ce or a 20 fuot front setback to construct an enhanced front entry',
PROGRAM IMPACT: Pi,.:,
FISCAL IMPACT: NiA
ALTERI'iATlVES: N/A
Director of Development
City )'Jan:J.ger's Signature
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I -'-'..: ~?"'-. -( "~_/
Director of Planning :111eY Zoning
City AttOlllC) 'Finallcc HllIl1Jll RCSOlll('>;.'S
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Page 2
Gary & Pam Case
File No. ZNCV 00-015
a. That special conditions and Clrcumstonces exist which are peculiar to the land, structure.
or building involved and which are not applicable to other lands. structures or buildll1gs 111
the same zoning distnct.
b. That the speCial condillOns awl clrcl/mstances do not result from tlw actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special pnvilege
that is denied by this ordinance to other lands. buildll1gs. or structures 111 the same zOning
district
d. That literal interpretation of the provisions of thiS ordinance would deprive the applicant of
nghts commonly enjoyed by other properties 111 the same zoning district under the terms nf
the ordinance and would work unnecessary and undue hardship on the applicant.
e That the variance granted is the mimmum vanance that will make possible the reDson3ble
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 vanance will not be injurious to the area involved or
otherwise detrimental to the public welfare
(Exhibit "C" contains the applicant's response to the above critena )
The subject parcel totals 7,350 square feet, which is less than the minimum 7,500 square feet
required for a lot platted before 1975 (the lot was platted in 1952). However, the lot is
considered a legal non-conforming parcel according to the Land Development Regulations
Chapter 2, Section 11.1 (c). This section of the code allows the development of a lot within the
R-1-AA zoning district as long as the parcel contains one whole platted lot, the lot cannot be
combined to increase the size to a conforming size, and the lot is not less than 6,750 square
feet
Given that the subject property has been improved with a single-family home, and occupied
since 1955, and since most other lots along the north side of Ocean Inlet Drive have similar
dimensions to the subject lot, criteria items "a", "d" and "e" are not met. Furthermore, since the
property is currently improved, and that the necessity of the variance has been caused by the
proposed home expansion, condition "b" above is also not satisfied.
GONG LUSION S/REGOM M EN DATION
Staff recommends that the subject requests for front and rear variances be denied, due to the
lack of traditional hardship, and due to the circumstance being created by simple home
improvements on a standard platted lot. No conditions of approval are recommended. I:owever.
any conditions of approval added by the Planning and Development Board or Cit,' CommISSI'Jn
will be placed in Exhibit "0"
Staff should indicate that past variance requests ha',e been re':i2':.ed b:; the cit,. using mc:e
than the traditional criteria, or interpretations of this cntena plaCing greater err.ph3slS cn
economic potential and characteristics of surrounding properties. For this reason. and to
indicate the consequence of denial, staff offers the follOWing Information for consideration
Page 3
Gary & Pam Case
File No. ZNCV 00-015
1. The redevelopment potential of this neighborhood, as evident by newly constructed and
redeveloped homes in the area, tends to encourage similar improvements regardless of lot
constraints,
2. The proposed variances would alIO\'1 minimal improvements that yet allow the value of II-,e
improvements to more closely match the v31ue of the land as well as the value of other
improvements in the neighborhood,
3 The proposed variances would allow phYSical impro'lements that are needed to accomplish
certain architectural design goals related to the second-story addition, without negatively
impacting adjacent or nearby properties !the front variance would facilitate expansion of the
home a minimal distance toward the adjacent street, while the rear setback variance would
allow the home to simply encroach toward the Intracoastal Waterway;
4. An adjacent property owner supports the subject request. and no objection from adjacent
property owners has been received by st3ff), and
5. If the variances are not granted, the second-story addition would be feasible but with a
simpler or recessed entrance, and without a covered rear porch. Shade could be created
using portable structures (e,g. umbrellasi or vegetation (e.g. trees)
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EXHIBIT "C"
811 OC8an Inlet Orl'/e
BcyntGn 8eal:::h, Fl 3'2~35
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Planning & Zoning Board
Variance for Gary & Pam Case
A. The lots on the north Side cF Oce311 1.11st Or:'/2 are 9'3' in depth c::;,mpared t:)
the south side of Ocean Inlst Ome, '/lrlere the lots are 112' deep. Ths
resulting difference of 1~' cal~: dr2m2~ica!ly r.:;duce the size of house, '.,\thich
can be built on the lots on trs nor;h Side. The north Side lots also have thi;;
best views of the intracoas~ej ana no housss to the rear The developer
should have made the b~st 10:5 the ceepest.
B The small lot size is originaily p!attsd The house was built in 1955 by others
The standards of 'N3terfront home.:; ha'/e changed substantiaily in recent
years and we feel that a 40CO sq ft living area is standerd for a house on a
deep water residential lot.
C. '-IVe do not feci that the varien':s will create a speciei priviiege to us due tc the
fact that the home located tNO (2) houses to the east of ours is built 10' into
the setback (or 15' from the seawall) Regerding the front of the house, --
other two story homes in our area have large entryways.
D. As homeowners living in a ur,ique waterfront community (21 years) not being
able to improve and enjoy our properlY and view to its fullest extent, (as other
homeowners In our area 00) ':Iould deflnicelj' create a hardship as we get
older
E. The front variance IS the minirr,ul:l t:13t \.'/o~id enable us to buiid an entryv.'ay
in proportion to the size of the house The rear variance is also the minimum
that would allow us to have a covered porch sufficiem er,ouqh to provide
enough shade to get out of the sur.. SOU""j of us have skin cancer and it is
vitally important that we stay In tle sha,de as much as posslbie.
F Due to the fact tha: our area is tein;; l~e-c'e";e!'Jr=ed, (sr-l'i2il --oldsr sin:;ie s~or~>,
homes being replaced \vitr, la,~;s: t,,',':] s~clri up-scale homes of 351JO t8 "::SOC!
sa fl.) \//'2 feel that the front .cr:',:,e,'l/ v2ricrlce would enable the 2.1tlY\'/3>' to
be in propoilion \vitr the S;Z2 I~,':::'~se 2,~:J 2]::;,'] "fr:s in" Io'/ith existing ne'iV hO;-;ies
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v/aterfr,:.nt ViS'.V anc iJutcjocrs ,',',r,,:e ts,'r>~ ':IJ~ cf the [,rut:::! sCIJth Flo,~id3 5<Jr)
23 ache; area hcrne'J'..\'ne,'-s c.: ! ,"'.2 "::I~:2r:'2 rS::;L:e.-::cs:] 13 C:":I~s;:~era:2 cf ~I:'--"e
. '.h .. . .. ..
1/12','/5 or t.le aC}3C2~: propsi':,'SS 35 \/.:?i,
EXHIBIT "D"
Conditions of Approval
Project name: Gary C & Pam J Case
File number: ZNCV-OI5 (ti-on! yard setback)
Reference. ZoninQ Code Varlance A n!JcatlOn dated All"llst 2S.2()()().
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments. None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
P ARKS AND RECREATION
Comments: None X
FORESTERiEN'\'IRONMENT ALIST
Comments: None X I
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPME-"IT BOARD CONDITIONS
Comments: None I X
ADDITIO:--IAL CITY COMMISSION CONDITIONS
I. To be detemlined.
J 'SHRDAT A'..PLP,i'H"I,'JG\SHARED\VVP\PROJECTS\CASC: \'A,::;:I;',NCE'Z~jCV FRCN-;- S::T6ACf\., 10-17 ,)0 CC CO~D OF APPR DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 00-264
TO:
Sue Kruse
City Clerk ~rl
Michael W, Rumpf v
Director ofPlann'~and roning
FROM:
DATE:
September 7,2000
SUBJECT:
Case Variance
Zoning Code Variance 00-015 (Covered Porch)
Zoning Code Variance 00-016 (Rear Covered Porch)
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $500.00 for each variance to cover the
review and processing of this application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney. The requested variances are scheduled for the October 10, 2000 Planning and
Development Board meeting, Please advertise in the newspaper and notice to property owners
accordingly,
MWR/bw
J:lSHRDAT A\PlanningISHAREDlWP\PROJECT$ICase Zoning Code Variance\Legal notice (covered porch) doc
lEQUEST FOR PUBLISHING
LEGAL l'IJTICES AND/OR LEGAL ADVER1."l'.,j\1ENTS
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: September 5, 2000
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variances for Gary C. & Pamela J.
Case front and rear vard setback. Planning and Development Board meeting to be held on
October 10, 2000, in the Library Program Room. Bovnton Beach Library. 208 S. Seacrest Blvd..
Bovnton Beach Florida, at 7:00 p.m,
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: All propertv owners (postmarked September 25. 2000) within 400
foot radius of the subiect propertv, applicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: September 25.2000
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: September 20,2000
APPROY P :&
) u.~!A (c,v.' >< ,(,,/i1Q ~Jo{iF
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
\\CH\MAIN\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Case Zoning Code Variance\Legal notice (covered porch).doc
,HICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following applications have 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:
Gary C. & Pamela J. Case
Request:
Relief from Chapter 2-Zoning, Section 5. C. 2, a. requmng a
minimum front setback of 25 feet to allow a 5 foot front variance
or a 20 foot front setback to construct a front entry way.
Request:
Relief from Chapter 2, Zoning, Section 5. C. 2. a. requiring a
minimum rear setback of 25 feet to allow a 9 foot rear variance or a
16 foot rear setback to construct a covered porch.
Location:
811 Ocean Inlet Drive
Legal:
Lot 13, Coquino Cove in Boynton Beach, Florida, according to the
Plat thereof, as recorded in Plat Book 24, Page 14, of the Public
Records of Palm Beach County, Florida.
A PUBLIC HEARING TO CONSIDER THE REQUESTS IS SCHEDULED BEFORE
THE PLANNING AND DEVELOPMENT BOARD IN THE LIBRARY PROGRAM
ROOM, BOYNTON BEACH LIBRARY, 208 S. SEACREST BLVD., ON OCTOBER 10,
2000, RESPECTIVELY, AT 7:00 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 Planning and Development Board and City Commission 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
September 25,2000
Agreement Between Gary and Pam Case and
James E. and Susan S. Buchanan
Gary and Pam Case, property owners of 811 Ocean Inlet Drive, Lot # 13, Coquina
Cove, Boynton Beach, Florida, 33435, and James E. and Susan S. Buchanan,
property owners of 807 Ocean Inlet Drive, Lot 12, Coquina Cove, Boynton Beach,
FL, 334335, agree to the following:
1) The Buchanans do not object, and will submit a letter to the city of Boynton
Beach so stating, to two variances being sought by the Cases. to remodel their
home at 811 Ocean Inlet Drive, Boynton Beach, FL, as follows:
a) A variance to accommodate a two-story front door entrance, approximately
centered (east to west) on the Case property, 15 feet wide and extending 5
feet (south) into the front setback.
b) A variance for a two-story open, covered porch on the rear of their house,
extending west approximately 15 feet from the east edge of their house and
extending north approximately 9 feet into the rear setback.
2. In consideration for Paragraph 1 above, the Cases, should the occasion ever
arise, agree to variances at 807 Ocean Inlet Drive, Boynton Beach, FL,
extending 5 feet into the front setback, 9 feet into the rear setback, and 3 feet in
structure height.
3. Also, in consideration for Paragraph 1 above, the Cases agree that within one
year from the signing of this agreement, they will remove the commercial ice
machine cup-ently located outside their house on the west side of their property.
The Cases further agree that for a period of 20 years they will not install any
ice machine, or motor-operated or noise-producing machine or device, not
necessary for the normal operation of their home, in that location or outside
their house within 10 feet of their west property line.
Garv Case
Date
J E Buchanan
Date
Pam Case
Date
Susan Buchanan
Date
811 Ocean Inlet Drive
Boynton Beach. FL 33435
807 Ocean Inlet Drive
Boynton Beach, FL 33435