AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDAITE~IREQUESTFORM
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iliA TURE Of
AGEi'iDA ITEM
o Administratl\ C
o Consenr AgendJ
o Public Hearing
o Bids
o Announcem~llr
o 0..:\ dDpmGf1t Plans
o ~~\\ Business
o Legal
o l'ntinished Busin~ss
o Presentation
RECO.i\Il\IENDA TIOl\': Please p!Jce the request bdo\\" on the October 17. :WOO City Commission Agenda under Consent
- Ratification of Planning _:ld Development Board action. The Phnning and De\'elopmenr Board with J unanimous vote,
recommended t11M the subject request be approved (there Jre no conditions recommended by swff nor the Planning and
De\'eloprnent Board). For further details pertaining to this request see attached DepJrtmenr of Development :\t[emorandum
No. PZ 00-286.
EXPLAi'IATIOi'i:
PROJECT NAME. CASE V ARI.-\l'iCE (rear setback)
AGENTIO\Y"NER: Gary C & Pamela r Case
LOCATION: S 11 Ocean Inlet Drive
DESCRIPTION' Relief from Chapter 2, Zoning, Section 5.C2.a. requiring a minimum rC:Jr setback of 25 feet to J)JO\\" J
nine (9) foot rear variance or a 16 foot reJr setback to construct a co\"ered porch.
PROGRAiyl IMPACT: l\'/A
FISCAL ['IPACT: N/A
AL TERi'iA T1VES: N:A
Director of Development
Cir;. \f:lnJ.ger s SlgnJtllre
7'~-- {.- _. --;--'C:'_ "0<-;/,'
Director of Pbnni,ug and Zoning
City Attorney Fin:1nc::: HUOl:111 Resourcl:s
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Meeting
Date:
File No:
location:
Owner:
Project:
Variance
Request:
DEVL ')PMENT SERVICES DEPARTMEt\
PLANNING AND ZONING DIVISION
MEMORANDUM #00-286
Stoff Report
Planning and Development Board
and
CIt;, Commission
October 10, 2000
ZNCV 00-015 - Front yard setback from property line
ZNCV 00-016 - Rear yard setback from property line
811 Ocean Inlet Drive
Gary C and Pamela J Case
Building a front entryNay and a rear covered porch as additions to an eXisting
single-family building.
Request for two (2) variances from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5, C2a.
1) t^ allow a five (5) foot reduction from the twenty-five (25) foot front yard
setback required within the R-1-AA single family zoning district to allow a 20
foot front setback; and
2) to allow a nine (9) foot reduction from the minimum twenty-five (25) foot rear
yard setback required within the R-1-AA single family zoning district to allow a
16 foot rear setback.
BACKGROUND
The subject property and surrounding neighborhood is currently zoned R-1-AA, single family
residential. According to the applicant the lot was developed in 1955, and it is conforming with
the current R-1-AA zoning district requirements. The subject property is surrounded by
developed lots with the exception of two of them currently under construction featuring large
and upscale homes with enhanced entryways.
The property is located at the north side of Ocean Inlet Drive with a depth of 98 feet as opposed
to those properties located at the south side of Ocean Inlet Drive with a depth of 112 feet.
Some of the parcels on the north side, including the subject property, have rear yards with open
views to the Intracoastal Waterway Staff surveyed the area and it was obserJed that all
properties along the north side of Ocean Inlet Drive comply with the minimum front setback
requirement of 25 feet, as estimated by the straight alignment of the front building lines (see
Exhibit "A" -location map). Both variances are requested in conjunction with a plan to expanc
the existing single-family home with a second story. This planned expansion is consistent with
new construction and redevelopment projects seen observed in the subject neighborhood
ANAL YSIS
The code states that the zoning coee variance can not be approved unless the board finds the
following:
Page 2
Gary & Pam Case
File No. ZNCV 00-016
a That speciat 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 pnvilege
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 depnve the applicant of
rights commonly enjoyed by other properties in the same zoning distnct 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 injunous to the area involved or
otherwise detrimental to the public welfare.
(Exhibit "C" contains the applicant's response to the above criteria.)
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 cohtains 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.
CON CLUSION S/REC OM 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 appro'Jal are recommended, howe'ier,
any conditions of approval added by the Planning and De'/elopment Board or City Commission
will be placed in Exhibit "D".
Staff should indicate that past variance requests have been re'/Iewed by the city using more
than the traditional criteria, or interpretations of this criteria piacing greater emphasis on
Page 3
Gary & Pam Case
File No. ZNCV 00-016
economic potential and characteristics of surrounding properties. For this reason, and to
indicate the consequence of denial, staff offers the following information for consideration
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 allow minimal improvements that yet allo'i/ the value of the
improvements to more closely match the value of the land as well as the value of other
improvements in the neighborhood;
3. The proposed variances would allow physical improvements 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 'lIould
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 staff); 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 couid be created
using portable structures (e.g. umbrellas) or vegetation (e.g trees)
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LOCATION MAP
GARY & PAM CASE PROPERTY
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EXHIBIT "C"
811 Ocean Inlet Drive
Boynton Beach, FI 33435
August 22, 2000
Planning & Zoning Board
Variance for Gary & Pam Case
A. The lots on the north side of Ocean Inlet Drive are 98' in depth compared to
the south side of Ocean Inlet Drive, where the lots are 112' deep. The
resultin9 difference of 14' can dramatically reduce the size of house, which
can be built on the lots on the north side The north side lots also have the
best views of the intracoastal and no houses to the rear. The developer
should have made the best lots the deepest
B. The small lot size is originally platted. The house was built in 1955 by others.
The standards of waterfront homes have changed substantially in recent
years and we feel that a 4000 sq. ft living area is standard for a house on a
deep water residential lot.
C. We do not fe8i that the variance will create a special privilege to us due to the
fact that the home located two (2) houses to the east of ours is built 10' into
the setback (or 15' from the seawall). Regarding the front of the house, --
other two story homes in our area have large entryways.
D. As homeowners living in a unique waterfront community (21 years) not being
able to improve and enjoy our property and view to its fullest extent, (as other
homeowners in our area do) would definitely create a hardship as we get
older.
E. The front variance is the minimum that would enable us to build an entryway
in proportion to the size of the house The rear variance is also the minimum
that would allow us to have a covered porch sufficient enough to provide
enough shade to get out of the sun. Both of us have skin cancer and it is
vitally important that we stay in the shade as much as possible.
F. Due to the fact that our area is being re-deveioced, (small --older single story
homes being replaced with larger tNO story up-scale homes of 3500 to 4500
sq. ft.) we feel that the front property variance would enable the entryway to
be in proportion wlLh the size house end also un,s in" with existing new homes
in our area. The rear property variance enabies us to enjoy our beautiful
waterfront view and outdoors (while baing out cf the brutal south Florida sun)
as other area homeowners do. The variance reJuested is considerate of the
views of the adjacent properties as well
EXHIBIT "D"
Conditions of Approval
PrOject name: Gary C & Pam J. Case
File number: ZNCV-016 (rear yard setback)
Rf Z CdV Al dd\
t 78 700n
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e erence: onmg o e anance \.no lcatlon ate }. ll!.!US _ ._
I DEPARTMENTS I [",CLUDE I REJECT I
PUBUC WORKS I
Comments: None I X
UTILITIES
Comments: None X
FIRE
Comments: None X
POUCE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS A1'ID RECREATION I
Comments: None X
FORESTERJENVIRONtvfENT ALIST
Comments: None X
PLANNING AND ZONING I
Comments: None X
ADDITIONAL PLANNING A]\iD DEVELOPMENT BOARD CONDITfO:-JS
Comments: None X
ADDITIONAL CITY COMMISSIO:-J CO",TIITIONS
1. To be determined.
J,\SHRDATA\PLANNING\SHAREOIWpl.PROJECTSTASi: V~RjANCE'2NC'/ RE.::"? SETBACK,lC-17.QC cc COND OF A?PDOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 00-264
TO: Sue Kruse
City Clerk r
FROM: Michael W. Rum~~ -k-.J.
Director ofPlann~nd Zomng
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 ofthis 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.\SHRDA T AIPlanning\SHAREDIWPIPROIECTS\Case Zoning Code Vanance\LegaI notice (covered porch) doc
EQUEST FOR PUBLISHING _
LEGAL hJT1CES AND/OR LEGAL ADVER ;~1I1ENTS
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 yard 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 property owners (postmarked September 25, 2000) within 400
foot radius of the subiect property, 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 D BY: 'I
. I Lf)
) U~!A -hlaLv
(Originator)
'" ).JIIQ !2\;,(!f
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
\\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Case Zoning Code Variance\Legal notice (covered porch).doc
')TICE 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 ofthe zoning code of
said City:
Owner:
Gary C. & Pamela J. Case
Request:
Relief from Chapter 2-Zoning, Section 5. C. 2. a. requiring 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 S. C. 2. a, requiring a
minimum rear setback of 2S feet to allow a 9 foot rear variance or a
] 6 foot rear setback to construct a covered porch.
Location:
8 I I Ocean Inlet Drive
Legal:
Lot 13, Coquino Cove in Boynton Beach, Florida, according to the
Plat thereof, as recorded in Plat Book 24, Page ]4, 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