LEGAL APPROVAL
DEP ARTMENT OF DEVELOPMENT
DIvIsion of Planning and ZonIng
Bulent 1. Kastarlak. NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 21, 1998
John Shelly
2200 N W 2nd Avenue, #209
Boca Raton, FL 33431
Re
File No
Location.
HabItat for HumanIty (Zomng Code V anance)
ZNCV 98-007
N W 5th Avenue
Dear Mr Shelly
Enclosed IS the CIty of Boynton Beach Development Order regardmg Comrmsslon approval of
your request for zonmg code vanance
Should you have any questIOns regardmg thIS matter, please feel free to contact this office at
(561)742-6260
Smcerely,
~ (..; ~
Michael W Rumpf
Actmg Planmng and Zomng DIrector
MWRljma
Attachment
J.\SHRDA T AIPLANEDlWPlCORRESPIZONV ARIFlHABIT AT HUMDEVOR.DOC.doc
America's Gateway to tile Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPMENT ORDER OF THE CITY COMMISSIQN OF THE
cr OF BOYNTON BEACH, FLORI OJ
PROJECT NAME. Habitat for Humanity
APPLICANT'S AGENT John Shelly
APPLICANT'S ADDRESS 2200 N W 2nd Avenue #209 Boca Raton, FL 33431
DATE OF CITY COMMISSION PUBLIC HEARING September 15,1998
TYPE OF RELIEF SOUGHT Zoning Code Variance (front and rear yard setback)
LOCATION OF PROPERTY N W 5th Avenue
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
LHAS
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
L 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
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J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\ZNCV\Development Order zncv,doc
EXHIBIT "E"
CondItions of Approval
Project name' Habitat for Humamty
FIle number' ZNCV 98-007
Reference. Zoning Code Vanance ApplIcatIOn dated 7/7/98.
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
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments.
1 The three lots as shown on the plans (lots 19,20 & 21) are reconfigured X
and recorded as two lots.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2 NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
3 Te ee aetc,1 mlfted.~ 1V""a.ve- ~
/bme
JISHRDATAIPLANNINGISHAREDlWPIPROJECTSIHABITAT FOR HUMANITYlZNCV\COND. OF APPR-ZNCV,DOC
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
Motion
Commissioner Titcomb moved to pull Item IV-B.2 from the Consent Agenda Commissioner
Denahan seconded the motion that carried 4-0
B.2. Award the bid for "PURCHASE OF ONE (1) SEWER
LATERAL INSPECTION SYSTEM" to Cues, a division of
ELXSI, in the amount of $26,758
Vice Mayor Jaskiewicz is in support of this award, but questioned whether this equipment would
repair a leak as well as identify it. John Guidry, Utilities Director, responded affirmatively and
explained that it is a two-step process.
Motion
Commissioner Titcomb moved to approve Item B.2. Commissioner Denahan seconded the
motion that carried unanimously
Commissioner Titcomb requested an opportunity to remark on Item IV-C.3, "Barista Way" He
reported that several years ago, the City of Delray Beach used the naming of alleys as a fund
raiser for the City All of the alleyways and back streets were put on the auction block. The
highest bidder was permitted to select the name. Commissioner Titcomb suggested that the
City of Boynton Beach consider this same type of proposal in our downtown
0.2. Habitat for Humanity (John Shelly) - (NW 5th Avenue) -
Request for a variance to allow a 4.7 foot reduction from
the required 25 foot front yard setback to 20.3 feet and a
9.8 foot reduction from the required 25 foot rear yard
setback to 15.2 feet on one lot and allow a 5 foot
reduction from the rear setback from 25 feet to 20 feet on
a second adjacent lot for the purpose of constructing two
single-family dwellings on Lots 19, 20 and 21 of the
Rolling Green Ridge Second Addition Subdivision
Commissioner Titcomb advised that he attended the groundbreaking for the Habitat for
Humanity on NW 51t1 Avenue and 1-95. In his experience with the T.E.D Center, their work has
had a tremendous positive impact on the surrounding neighborhood. This groundbreaking
followed the dedication of Palmetto Greens Park and the ground breaking for the marina project.
Motion
Commissioner Titcomb moved approval Commissioner Denahan seconded the motion.
Mayor Taylor acknowledged the presence of John Shelly of Habitat for Humanity, in the
audience. Two new homes will be constructed on those lots. In addition, there is another item
on the agenda to approve the purchase of additional vacant lots that would result in the
7
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
construction of five additional infill houses. The City is being very aggressive and is using
S H LP dollars to fund these projects.
The motion carried unanimously
0.3. Orchard Landing (M. Jeffrey Semko) - (East of US #1
approximately 185' south of Golf Road) - Request for
variance approval to allow a 75' reduction from the
required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20
condominium units on an irregularly-shaped parcel
Vice Mayor Jaskiewicz requested a presentation of this item
Howard Nelson. Attornev with Bilzin Sumberg Dunn Price a. Axelrod reported that this
request went before the Planning & Development Board as a variance from Section 5 G.2. The
Code requires a 100' frontage on a public or private road for any residential development. The
property in question is known as a "flagpole" or "lollipop" lot. The lot begins at Federal
Highway with a 25' frontage It proceeds approximately 340' back along a 25' wide space to
the entirety of the property that is 184' The property was subdivided in the mid-1970s prior to
the frontage requirements. At the time of subdivision, it met the City's requirements. This is a
simple variance A site plan is processing through the system and will come before the City
within the next several months pending resolution of this issue.
This request falls under the six criteria for variances in the City It is the minimum variance that
could be requested to comply with Code. Without the variance, there is no residential use that
could be put on this property It is too small for a PUD that would release the frontage
requirements. There originally was a plan for three single-family houses. That fell through If
that project had gone forward to the board, it still would have needed a variance.
At the Planning & Development Board meeting, Mr Nelson advised Mr Uchtman of an old case
dating back to 1962 from Coral Gables. It is good law and it is very close to this case where the
3rd District Court of Appeals said the variance is grantable on these types of parcels. The
reason for that decision was that the failure to grant the variance removed any use from the
property
The applicant requested to rest on the strength of staffs recommendations and the issues of
the nature of hardship brought forward. Mr Nelson requested an opportunity to rebut any
comments and answer any questions.
Vice Mayor Jaskiewicz reminded the Commissioners that this came before the Commission a
number of years ago with a proposal to put high density (20 units per acre) on the parcel She
inquired as to the size of the property Mr Nelson advised that the property is 2 (plus or
minus) acres. He reminded the Commissioners that there was an assemblage proposal
However, it failed under four or five potential assemblages because some of the six parcels
needed did not want to participate.
8