AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk s Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk s Office
0 March 21 2000
0 April 4 2000
0 April 18, 2000
0 May 2, 2000
March 8, 2000 (5'00 p.m.)
o May 16,2000
[8J June 6, 2000
o June 20, 2000
o July 5 2000
May 3 2000 (5'00 p.m.)
March 22, 2000 (5'00 p.m.)
May 17 2000 (5'00 p.m.)
April 5 2000 (5'00 p.m.)
June 7 2000 (5'00 p.m.)
April 19 2000 (5'00 p.m.)
June 21 2000 (5'00 p.m.)
NA TURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDA TION Please place the request below on the June 6 2000 City Commission agenda under Consent,
Ratification of the Planning and Development Board action. The Planning and Development Board with a unanimous vote,
recommended approval subject to staff recommendation for a 5 foot variance, or a 20 foot front setback, rather than the
requested variance of 10 feet or a 15 foot front setback. This recommendation is documented in the conditions of approval
of Memorandum No 00-140 For further details pertaining to this request see attached Department of Development
Memorandum No 00-140
EXPLANATION
PROJECT NAME.
AGENT/OWNER.
LOCA TION
DESCRIPTION
DON TRACY (Front Setback)
Don Tracy
31 Swallow Drive
Request for relief from Chapter 2. Zoning, Section 5 (C)(2)(a), which requires a minimum front
setback of 25 feet, to allow a 15 foot front setback, or a 10 foot front setback reduction (variance),
to construct a single-family home.
PROGRAMIMPACT N/A
FISCAL IMP ACT N/ A
ALTERNATIVES. N/A
City Manager's Signature
Department of Development Director
~J~~
Planning and Zo " g irector
City Attorney / Finance / Human Resources
IICH\MAr.-lISHRDA T AIPLA.'lNIl'GISHAREDIWPIPROJECTSIDON TRACEY V ARIANCEIAGENDA CC REQUEST 6-6-00 FRONT SETBACK-DOC
Meeting
Date.
File No
Location
Owner'
Project:
Variance
Request'
DE" c.LOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM # 00-140
Staff Report
Planmng and Development Board
and
CIty CommISSIOn
May 23, 2000
ZNCV 00-002 - Front yard setback from property line
ZNCV 00-003 - Rear yard setback from property lme
Lot 8, SubdIvIsIon Las Palmas Landmg
Donald Tracey
BUIldmg a new smgle-farmly house on an Irregularly- shaped lot bounded on the
east by Intracoastal Waterway
Request for two (2) vanances from the CIty of Boynton Beach Land Development
Regulations, Chapter 2, Zonmg, SectIOn 5 C.2.a to allow a ten (10) foot reductIon
from the twenty-five (25) foot front yard setback reqUIred wIthm the R-I-A smgle
farmly zomng dIstnct, to allow a 15 foot front setback, and 2) to allow a fifteen
(15) foot reductIOn from the rrummum of twenty-five (25) foot rear yard setback
reqUIred wIthm the R-I-A smgle famIly zonmg dIstnct, to allow a 10 foot rear
setback.
BACKGROUND
The subject property and nearby neIghborhood IS zoned R-I-A, smgle famIly resIdentIal (see
ExhibIt "A", LocatIon Map) The Irregularly- shaped, 0 44-acre (19,166 square foot) lot IS vacant
and conformmg WIth the R-l-AA zonmg dIstnct reqUIrements. The lot's eastern sIde, ItS most
narrow at 60 feet, IS bounded by the Intracoastal Waterway The lots adjacent to the subject
property are bUIlt out WIth smgle famIly homes. There IS a pnvate nght-of-way easement,
LakesIde Harbor Road, extendmg along the northern property border, WIth an automobIle turn-
around easement at the north west comer of the property A 25-foot utIlIty easement extends
along the western property lme
The property was re-platted m June of 1988, the plat shows setbacks of25 feet from east and
west property hnes, and 10-foot setbacks from north and south property hnes (see ExhibIt "B",
Page 2
Donald Tracey
File No ZNCV 00-002
Plat) These setbacks are consIstent WIth the reqUIred setbacks on lots 7 and 6 of the same
subdIvIsIon, but WhICh are onented to front on a dIfferent street (PresIdentIal Dnve)
Staff surveyed the area and It was observed that all propertIes along LakesIde Harbor Road front
the nght-of-way, wIth an average front yard setback of 25 feet. The lot to the south of the subject
property has been developed wIth a 10 foot sIde setback from the abuttmg property Ime, It IS
frontmg PresIdentIal Dnve at ItS south-west corner
ANALYSIS
The code states that the zonmg code varIance can not be approved unless the board finds the
followmg
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.
(ExhibIt "D" contams the applIcant's response to the above cntena.)
The development of the subject property wIth front onentatIOn toward LakesIde Harbor Road IS
consIstent, as noted, wIth onentatIon of all other propertIes along thIS road. Northern (or eastern)
onentatIon would also work well for "opemng" the home to the Intracoastal Waterway
However, the Irregular, narrow shape of the lot Impedes such development If subject to the
mImmum 25 feet front- and rear setback reqUIrements. In tlus case, the home would have to be
re-desIgned and placed farther from the water, consequently lImItmg the water VIew/exposure
Page 3
Donald Tracey
File No ZNCV 00-002
(see ExhibIt "e", Survey) If the subject lot dId not have Intracoastal Waterway frontage, the
restnctIOn would not have been SIgnIficant; under the CIrcumstances It prevents the applIcant
from fully utIlIzIng the lot's waterfront locatIOn and thus can be conSIdered a hardshIp, based on
a comparIson WIth the other lots In thIS plat. Moreover, plaCIng the buIldIng farther away from
the Intracoastal Waterway (eastern property lIne) would be InCOnSIstent WIth buddIng placements
on the remaInIng waterfront lots of the subdIVISIon. These propertIes front PreSIdentIal Dnve
(extenSIOn of Las Palmas) and have the conformIng 25 foot front-and rear setbacks and 10 foot
SIde setbacks
In turn, the requested 15 foot rear setback vanance would YIeld a rear setback of 10 feet,
correspondIng to the 10 foot SIde setback of the adjacent property to the south. It prOVIdes for
conSIstency In placement of the subdIVISIOn's waterfront propertIes and would have lIttle
detnmentalImpact on the surroundmg area.
CONCLUSIONS/RECOMMENDA TION
In summary, the follOWIng factors should be conSIdered.
. The unIque locatIon and Irregular shape of the parcel,
. The need for conSIstency of the development of the subject property wIth UnIt
placement/onentatIOn on other propertIes along LakeSIde Harbor Road, and
. The need for conSIstency wIth development patterns wIthIn the subject plat (along the
Intracoastal Waterway)
The proposed placement of the buIldmg IS conSIstent WIth the frontage of the remaIrung
propertIes along LakeSIde Harbor Road. Staff recogruzes lImItatIOns of development/desIgn
alternatIves of the subject lot. Even though the parcel's SIze IS relatIvely large compared to some
other lots In the neIghborhood, ItS Irregular shape, In partIcular a narrow waterfront border,
constItutes a SIgnIficant deSIgn challenge to maxImIZIng the value of the property's pnncIpal
asset, ItS Intracoastal Waterway locatIon. Therefore, staff IS In partIal support of the varIance
requests.
It is recommended that the variance request to allow afifieen (15) foot reduction from the
twenty five (25) foot minimum rear yard setback requirement be approved. A resultmg 10 foot
rear setback would be conSIstent WIth the 10 foot SIde setback of the property to the south and,
together WIth the proposed 25 foot SIde setback from the Intracoastal property lIne, conSIstent
WIth development patterns of other adjacent parcels along the Intracoastal Waterway
However, it is recommended that, instead of a ten (J 0) foot reduction from the twenty five (25)
foot minimum.f1:s2.m... yard setback requirement, the applicant be granted a five (5) foot reduction
to allow a twenty (20) foot front yard setback.
Page 4
Donald Tracey
File No ZNCV 00-002
The resultIng 20 foot front setback.
. Would allow the applicant the reasonable maXlmlzatlOn of the waterfront value of the
property, allowIng for the constructlOn of a home with a value proportlOnate to the high
value of the Intracoastal Waterway-frontIng parcel, and
. Would mInimiZe the detnmental effect of the reduced setback on properties along the
LakeSide Harbor Road, and mInimiZe pOSSIble View obstructlOn to the water
The vanances would allow for the development of a more valuable property that would Increase
the City'S stock of high-end sIngle famIly hOUSIng, which contributes sIgmficantly to the tax
base
In summary, staff recommends that the request for a rear setback variance of 15 feet be approved,
and, that the request for a front setback vanance of 10 feet be demed. Alternatively, staff
recommends that a front setback vanance of 5 feet, or a 20 foot front setback be approved. ThIS 5
foot variance would prevent pOSSIble negative effects on adjacent properties, and would better
represent "the mInimUm vanance that Will make possible the reasonable use of the land, bUIldIng
or structure"
No condltlOns of approval are recommended, however, any condltlOns reqUIred by the Board and
Commission wIll be placed In ExhibIt "E"
MRIhm
\\CH\MAIN\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Don Tracey Variance\ST AFF REP setbacks Tracey.doc
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EXHIBIT C
LAND PLANNERS
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DELRAY 8E:ACH, FLORIDA 33483
PHONE C?~f) 265 - 1910
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DESCRIPTION
Lot 8, LAS PALMAS LANDING accordin~ to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County Florida recorded in
Plat Book ~O, Pages 12 and 13 Said lands ~ituate lying and being in Palm Beach
County Florida
RT1FICATE
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~reby CERTIFY that the attached sketch of survey of the abovQ described
perty Is true and correct to the best of my knowledge ond belief as
veyed under my direction in Apri 1 f 2. 2000
8RUCE N CARTE~
REGISTERED LAND SUf\'1E: (01-( ~I" 2? b J
STATE OF FLORIDA L R #4583
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P 2
EXHIBIT D
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EXHIBIT 0
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EXHIBIT "E"
CondItIOns of Approval
Project name DON TRACY (Front Setback)
FIle number' ZNCV 00-002
Reference AoolIcation receIved Aon117. 2000
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
PARKS AND RECREATION
Comments. NONE X
FORESTERlENVIRONMENT ALIST
Comments NONE X
PLANNING AND ZONING
Comments
1 Requested vanance shall be for 5 feet, or a 20 foot front setback. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
3 To be determmed.
J \SHRDA T A IPlanninglSHAREDlWPIPROIECTSlDon Tracey Vanance\COND OF APPROV AL.front setback,doc
DEVELOPMr T ORDER OF THE CITY COMMI~ IN OF THE
CI rv OF BOYNTON BEACH, FLORIDA
PROJECT NAME DON TRACY (Front Setback)
APPLICANT'S AGENT Don Tracy
APPLICANT'S ADDRESS 31 Swallow Drive
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION June 6,2000
TYPE OF RELIEF SOUGHT Zoning Code Variance (Front Setback)
LOCATION OF PROPERTY 31 Swallow Drive
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations
2 The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
3 The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included"
4 The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5 This Order shall take effect immediately upon issuance by the City Clerk.
6 All further development on the property shall be made in accordance with the terms
and conditions of this order
7 Other
DATED
City Clerk
J:\SHRDA T A\Plannong\SHARED\WP\PROJ ECTS\SAMPLE LETTERS\Develop. Order CC 6-6-00, doc
~ - "ARTMENT OF DEVELOPME'
IVlt:MORANDUM NO PZ 00-112
TO Sue Kruse
City Clerk
io/t42-
FROM Michael W Rumpf
Director of Planning and Zoning
DATE April 18, 200
SUBJECT Donald Tracey
Zoning Code Variance 00-002 (rear setback)
Zoning Code Variance 00-003 (front setback)
Accompanying this memorandum you will find applications and supporting
documentation for the above-reference case A check 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 May 23, 2000
Planning and Development Board meeting
MW/bw
Attachments
IICHIMAINISHRDATAIPlanninglSHAREDlWPIPROJECTSIDon Tracey VariancelDon Tracey Legal notice. doc
-QUEST FOR PUBLISHING
LEGAL'" _ . Il,ES AND/OR LEGAL ADVER.II:>....MENTS
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 April 18, 2000
BRIEF DESCRIPTION OF NOTICE OR AD Planninq and Development Board
Public Hearinq Notice for (meeting May 23. 2000) reduction of front setback from 25' to
15' (10' reduction) and reduction of rear setback from 25' to 10' (15' reduction)
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 within 400 feet of property applicant
and Director of Planninq and Zoninq
NEWSPAPER(S) TO PUBLISH
The Post
PUBLISHED May 8. 2000
APPROVED BY
(1) 7?~ 7-)?L j ./
(Originator) r
-val/ce
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\DON TRACEY VARIANCE\DON TRACEY LEGAL NOTICE. 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 of the
zoning code of said City.
Owner" Donald Tracey
Request: /elief from Chapter 2 Zoning, Section 5 (C)(2)(a), which
requires a minimum front setback of 25 feet, to allow a 15
foot front setback, or a 10 foot front setback reduction
(variance) to construct a sIngle family home
Request: Relief from Chapter 2 Zoning, Section 5 (C)(2)(a), which
requires a minimum rear setback of 25 feet, to allow a 10
foot rear setback, or a 15 foot rear setback reduction
(variance), to construct a single family home
Legal Description Lot 8, Las Palmas Landing according to the Plat recorded in
Plat Book 60 page 12 & 13 as recorded in the Public
Records of Palm Beach County, Florida, said land situate,
lying and being in Palm Beach County, Florida
A PUBLIC HEARING before the Planning and Development Board will be held relative
to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach
Boulevard, Boynton Beach, Florida, on Tuesday, May 23,2000, at 700 P M
All interested parties are notified to appear at said hearing 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 with respect to
any matter considered at this meeting 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
May 8, 2000
To City of Boynton Beach
Planning and Zoning DiVIsion
As residents of Las Palmas Park, Boynton Beach, Flonda, we are
against granting the vanance requested by Donald Tracey to
change the established setbacks on Lot 8, Las Palmas Landing,
Boynton Beach. Florida.
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