REVIEW COMMENTS
~~J~tL L.sz Y
CITY OF BOYNTON
I (.) - 2-L -Of r-
BEACH
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,
PLANNING & ZONING DEPARTMENT
COMMENT SHEET
REVIEWER'S NAME
I:b~ ~OO~
ROJECT NAME
-,
;-::Vb SSt::J ;VI
s~/~p,o~
DATE
RECEIVED 1(/ - 2-.'.....9)"
STARTED REVIEW /Op'l~-qr
RETURNED 10 -? (~ p 7' (
APPROVED
'RACT/SUBDIVISION
,
ROJECT ADDRESS ?" ~ ~IJCPY::T 7;>/l/b
PERMIT NO', \'- 3S~
REVIEW--!. CIRCLE)
1 2 (l) 4 REVISION
ERSON RETRIEVING COMMENTS AND/OR PLANS
ignature
I
Print Name
lATE PICKED UP
Plans - Comments
FE&t</O (J
IESCRIPTION
'he permit number identified above is the referenced number for your proposed
mprovement(s) Prior to further processing on your request, the documents that
rou submitted illustrating the improvement(s) shall be amended to show compliance
lith the below listed comment(s) To discuss the comment(s) it is recommended that
tn appointment be set-up with the reviewer identified in the upper right hand
orner, (407) 375-6260 between 8 A M and 5 PM, Monday thru Friday please
-eference the project name and permit number when corresponding with City's Staff
~fter amending the plan(s) to show compliance with the comment(s), return both sets
)f plans for re-review to the Building Department Please note that additional
omments may be generated as a result of reviewing the amended plans All comments
;hall be rectified prior to staff review approving the documents
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It Departments required to review the project
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Page ---L-- of J
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
/
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/
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 eight (8) working
days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
Planninq and Zoninq Department
PREPARED BY: Mike Haaq
DATE PREPARED: 7/13/94
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public
Hearinq Notice for Case #197
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners within 400 feet of
propertv, Applicant and Planninq and Zoninq Director
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
(2 )
~~l14-
~ Da te )
-7pf?/'~
/ %tel
7(frr2Y.
Da e)
APPROVE~Y:
(1 )
(3 )
RECEIVED BY CITY CLERK:
7~9~~
, ,
COMPLETED:
bh-5/91
LEGALNOT.DOC
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made
to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA,
for the variance as indicated, under and pursuant to the provisions
of the Zoning Code of said City
Case 1197
OWner.
Sherry P (Ward) Mattlin
Requested
Variance
Location.
Legal
Description:
Use
A request to reduce the required 30 foot
front setback to 2 feet and the required 15
foot north side setback to .35 feet and the
required 30 foot rear setback to .68 feet. All
of the above requested setbacks reflect
existing structures, therefore, new
construction will not exceed as built
dimensions.
In addition, a request is made to expand the
required maximum lot coverage from 40% to 45%.
The existing lot coverage is 44% and the
proposed new construction will expand coverage
to 45%.
The requested variances are to Section 6 B 3.
and Section 11.1 E of Appendix A - Zoning.
211 North Seacrest Blvd., Boynton Beach, FL
33435
THE SOUTH 7 FEET OF LOT 22 AND LOTS 23, 24, 25,
26 AND 27, BLOCK 4, BOYNTON HEIGHTS, ADDITION
TO TOWN OF BOYNTON FLA., ACCORDING 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 10 AT
PAGE 64, LESS THE ADDITIONAL RIGHT-OF-WAY FOR
SEACREST BOULEVARD, AS SHOWN IN ROAD PLAT BOOK
5 AT PAGE 182.
Residential Single Family combined with retail
and Office
A PUBLIC HEARING will be held relative to the above application by
the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton
Beach, Florida, on Monday, August 15, 1994, at 7:00 P.M
Notice of a requested variance is sent to property owners within
400' of the applicant's property to give them a chance to voice
their opinion on the subject. Comments may be heard in person at
the meeting or filed in writing prior to hearing date. If further
information is desired, call 375-6062, City Clerk's office.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decisions or the Board of Adjustment 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
SUE KRUSE
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
A: NOPH7
M E M 0 RAN DUM
TO
Sue Kruse, City Clerk
FROM
Tambri J. Heyden, Acting Planning and Zoning
Director
DATE.
July 19, 1994
RE. Board of Adjustment - Case No 197
Accompanying this memorandum you will find an application and
supporting documentation for the above referenced case. A check in
the amount of $100 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 and City Manager
The requested variance will be requested to the Board at the August
15, 1994 meeting.
MH/cmc
a. CLERKMEMO
Attachments
xc. project file
rz1ie City of
~oynt-on. <<13ea.c./i.
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J.OD ':E_ ~c>yn_ ~~ ~C-.rYf
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'B.:>yn_ '.B4a.d;., ~ .!I.!f.#2.5-0.!l.lO
Ci.q,,~' <_7,) 3?s-.6000
7J'IVIC< (407:) 37S-609D
FACSIMILE TRANSMISSION
TO
Hr Jovan.i Levine
B~o..o1!l 8hopp...
(305) 230-'0578
F.A..iC NO
FROM
M:i.ohae:l. Ha/!J.<;l
P1ann:i.ng and Zoning O.pa~tm.nt
OATS
Ju~y 20 1994____
RE
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NUMBER OF PAGES INCLUDING THIS COVER SHEET
8_
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TRANSMISSION REPORT
THIS DOCUMENT
WAS SENT
(REDUCED SAMPLE ABOVE)
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COUNT **
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XEROX TELECOPIER 7020
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline See scehdule of dates for Board meetings and submittal
dates
Please print (in ink) or type
Submittal date
The undersigned owner ( s ) hereby respectfully petition ( s) the Board of
Adjustment 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) -SOO\H 1 R=eT o~ L.OT zz..
Property involved is described as follows Lot (s) 4 J..01"'"'5 z.~ z,4J "Z.?J 'Z.';")"'Z.."1
Block 4
Plat Book -'0
, Subdivision eoYr-JTON fie lGH-T.:::?
, Page lP4
or otherwise described as follows
Property Address
-z.l( t-,loRi"t+ 6eA6R€'&T BLV \OOY"....YIOt-J "8eAGK t:L,..
-:?~~5
are required to be submitted with this application to
Incomplete package will not be accepted:
The following documents
form a single package.
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.
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of structures
D. Use of each structure (or uses within mul~iple 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. Such list shall be
accompanied by an Affidavit (see attached) stating that to the best of
the applicant's knowledge, said list is comple+e and accurate.
4 . Proof of ownership of property by peti tioner ( s), such as deed or
purchase contract agreement. If an agent is submitting the petition, a
notarized copy of a letter designating him as such must accompany the
petition.
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 print or type)
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;
Page 2 of 3
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, 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 CQ~~~~t~o~4 /
S/fEI2I2-Y f/ t W/ft'aJ.J r-CLr /IL
Name and address of owner: 2/1 /'I .sD4c,et;~1' (i.Lvjj) 'YNTb,J (JE4C1f: Fi
/c ~.. r-) .5 S 'r3S-
Name of applicant: ~n'~c_
7.
8.
Applicant's address: .
Applicant's phone #:1-/9.1 73L-3/~2-
Date: 1/;/1J!/ Signature of APPlicant:~
----------------~------------------------------------ ----------------
To be completed by the Building Official or Representative
Neighborhood (C-2)
1. Property is presently zoned:Cornrnercial Formerly zoned same
0843452810-004-0221
2. Property Control Number: 0843452810-004-0240
3 Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
Section 6 B 3 and Section 11.1 E of Appendix A - Zoninq
4. Nature of exception or variance required:
See attachment "A"
Date
Permit denied:
Building Department
5.
Case Number'
197
Meeting Date Auqust 15, 1994
To be filled out by Board
BOARD OF ADJUSTMENT ACTION
Approved
Aye
Denied
Nay
Stipulations.
Signed.
Chairman
To:
City of Boynton Beach
Board of Adjustment
ill
o WI rn
ill
.159M
From:Tim and Sherry Mattlin
211 N Seacrest Blvd.
Re: Variance Request Application Addendum for
Sherry P. (Ward) Mattlin property
The following statements are in response to requested documents
in section 5, A-F, of the Board of Adjustment Application
A)
To the best of our knowledge, no other buildings
in this zoning district have enclosed second-story
porches which border with such close proximity on
streets with comparable traffic levels to Seacrest
Blvd. at this location
B)
At the time this structure was built, Seacrest was
a two-lane road, making the structure well within
setback limits of that time In addition, there was
much less traffic on Sea crest at that time, and the
viability of the second-story porch was more positive
Originally constructed as an open-air porch, the
progressive enclosing of the porch was necessitated
by the concurrent increase in traffic noise and
dirt as the use of Seacrest grew with the city The
last time the structure was improved upon, it was
closed in with 2x4 framing and jalosie windows As
far as we know, this remains one of the few, if not
the only structure of its type in the immediate sur-
rounding area which would be subjected to the same
pattern of noise and dirt created by its close prox-
imity to a streetwith similar traffic patterns to
this location
C)
The finished building renovation wil1 have a seamless
and smooth appearance, and will not infringe on current
setback requirements, as dictated by your office, as
our plans do not calI for any further encroachment of
enclosed space on the front setback or side setback.
D)
Since it has been many years since the last improvement
on the structure, and due at least in part to the in-
creasing use of Seacrest Blvd as a major north-south
route through downtown Boynton Beach, the porch section
of the structure is essentially useless as currently
constructed The framing and windows are insufficient
insulators of both sound and temperature The use of
Ward app1ication addendum, p.2
this structure as it now stands would constitute
undue hardship for us because of both street
noise and intrusive dirt and heat from the outside
E) By allowing us to incorporate this porch area into
our living space through essentially rebuilding it
from the floor up using more substantial building
materials--such as concrete block and high-quality
insulated windows--a much more hospitable living
area would be created, both quieter and cleaner than
current conditions provide
F) We greatly appreciate and respect both the spirit
and intent of this zoning regulation In light of
this, we are quite confident that granting this
variance will at best enhance the harmony and over-
all appearance of our neighborhood, while even at
worst, would leave the intent and purpose of this
regulation undisturbed
As part of our overall plan for renovating our second-floor
living space, we therefore respectfully request your approval of
our variance We feel that this pIan addresses both your concerns
for appearance and community continuity, and our need for improved
living space
Thank you for your time in consideration of this request
~G~
Sherry P (Ward) Mattlin
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PlANNING AND
ZONING DEPT.
Page 3 of 3
C E R T I F I CAT ION
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
APPLICANT'S PROPERTY.
APPLICANT/AGENT
APPLICAT.WPS
Page 3 of 3
ATTACHMENT "A"
A request to reduce the required 30 foot front setback to 2
feet and the required 15 foot north side setback to .35 feet
and the required 30 foot rear setback to .68 feet. All of
the above requested setbacks reflect existing structures,
therefore, new construction will not exceed as built
dimensions
In addition, a request is made to expand the required maximum
lot coverage from 40% to 45% The existing lot coverage is
44% and the proposed new construction is 44% and the proposed
new construction will expand coverage to 45%.
The requested variances to Section 6 B 3 and Section 11 1 E
of Appendix A - Zoning.
fJ1ie City of
$oynton $eacli
TO
FAX NO
FROM
DATE
RE
100 'E. 'Boynton 'Be.adi 'Boulevard
P.D tJJoi(310
tJJoynton 'Bead;', 1'CorUla 33425-0310
City 1fa[[. (407) 375-6000
1'.9lX. (407) 375-6090
FACSIMILE TRANSMISSION
Mr Jovani Levine
Blossom Shoppe
(305) 230-0578
Michael Haag
Planning and zoning Department
July 20, 1994____
Blossom Shoppe
8
NUMBER OF PAGES INCLUDING THIS COVER SHEET
c faxtrans jj
Jilmenca's (jateway to tfie (julfstream
APPENDIX A-ZONING
Sec. 10
than ten (10) percent, or that would create commercial
or industrial uses where not established by previously
approved zoning, or that would increase the area of
property zoned, shall in all cases require a new zoning
application.
15 Record of requirements and limitations imposed at time of
zoning or rezoning. The planning department shl:tll keep
records of all requirement,; and limitations imposed at the
time of rezoning and shall transmit a copy of same to the
applicant, and make same available for inspection by the
public.
o CIVIL REMEDIES FOR ENFORCEMENT In case any build-
ing or structure is erected, constructed, reconstructed, altered,
repaired, or maintained, or any building, structure, land, or water
is used in violation of this ordinance or any ordinance or other
regulation made under authority conferred hereby, the proper
local authorities, in addition to other remedies, may institute any
appropriate action or proceedings in a civil action in the circuit
court to prevent such unlawful erection, construction, reconstruc
tion, alteration, repair, conversion, maintenance, or use and to
restrain, correct, or abate such violation to prevent the occupancy
of said building, structure, la.nd or water, and.to prevent any
illegal act, conduct of business, or use in or about such premises.
(Ord. No. 7S-31, ~ 1, 8-15-7S, Ord. No. 7S.37, ~ 2, 9-5-7S, Ord. No
86-4, ~ 10, 3-18-86; Ord. No. 86-10, ~ 2,5-20-86, Ord. No. 88-17 ~
16, 5-3-8S)
Section 10. Board of adjustment.
A. COMPOSITION AND PROCEDURE.
1 The board of adjustment shall consist of seven (7) regular
members and not more than two (2) alternate members,
who shall be appointed by the city commission. Two (2)
members shall serve for a term of one (1) year from the
date of appointment, three (3) members shall serve for a
term of two (2) years from the date of appointment; and
two (2) members shall serve for a term of three (3) years
from the date of appointment. Vacancies cr,!!ated after ex
piration of these terms shall be filled bv appointments for
Supp. No. 35
1942.1
Sec. 10
BOYNTON BEACH CODE
three-year terms. One (1) alternate shall serve for a term
of one (1) year from the date of appointment; the other
alternate shall serve for a term of two (2) years from the
date of appointment. Vacancies on the board shall be filled
by appointment by the city commission. Members of the
board may be removed by a majority of the total members
of the city commission. Members and alternates of th;
board shall be residents and electors of the city
2. The chairman of the board of adjustment or his represen-
tative shall designate the time and place of meeting, and
the building official or his representative may answer ques-
tions and give evidence.
3. The organization and procedure under which the board of
adjustments operates, its arrangements of meeting, and its
adoption of rules shall be in conformity with provisions of
Chapter 163, Part 2, Florida Statutes.
4. Minutes will be kept of all public meetings and proceed-
ings and shall include and state the vote of each member
on each question, and the motion shall state the reason
upon which it is made; such reasons shall be in conformity
with the provisions hereinafter provided.
5 In exercising the above-mentioned powers, the board by
the concurring vote of five (5) members may reverse or
affirm, wholly or partly, or may modify the order, require-
ment, decision or determination appealed from and may
make such order, requirement, decision or determination
as ought to be made, and to that end shall have all th~
powers of the official from whom the appeal is taken. The
concurring vote of five (5) members of the board shall also
be necessary to effect any variation of this ordinance. No
action shall be taken unless at least five (5) members are
present and voting.
B. POWERS AND DUTIES. The board of adjustment shall
have the following powers and duties:
1. To hear and decide al'peals when it is alleged that there is
error in any order, requirement, decision, or determina-
'"
Supp. "la. 35
1942.2
~
APPENDIX A-ZONING
Sec. 10
tion made by an administrative official in the enforcement
of any zoning ordinance or regulation adopted pursuant to
this chapter [ordinance].
2. To hear and decide such special exceptions as the board of
adjustment is specifically authorized to pass on under the
terms of this chapter [ordinance]; to decide such questions
as are involved in the determination of when such special
exceptions should be granted, and to grant special lJxcep-
tions with appropriate conditions and safeguards or to deny
such special exceptions when not in harmony with the
purpose and intent of this ordinance. The following apply
as to such special exceptions:
a. In granting any special exception, the board shall find
that such grant will not adversely affect the public
interest.
b. In granting any special exception, the board of ad-
justment may prescribe appropriate conditions and safe-
guards in conformity with this chapter [ordinance].
Violation of such conditions and safeguards, when made
part of the terms under which the special exception is
granted, shall be deemed a violation of this ordinance.
c. The board of adjustment may prescribe a reasonable
time limit within which the action for which the spe-
cial exception is required shall be begun or completed
or both.
3. To authorize upon appeal such variance from the terms of
this ordinance as will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of
the provisions of this ordinance would result in ~neces.
sary and undue hardship. In order to authorize any vari-
ance from the terms of this ordinance, the board of adjust
ment must find:
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.
....
Supp. No. 35
1942.3
...
Sec. 10 BOYNTON BEACH CODE
c. That granting the variance requested will not confer
on the applicant any special privilege that is d~nied 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 com-
monly 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 injuri-
ous to the area involved or otherwise detrimental to the
public welfare.
g. For variances to minimum lot area or lot frontage
requirements, that property is not available from ad-
jacent properties in order to meet these requirements,
or that the acquisition of such property would cause
the adjacent property or structures thereon to become
nonconforming. The applicant for such variances shall
provide an affidavit, with the application for variance,
stating that the above mentioned conditions exist with
respect to the acquisition of additional property
4. In granting variance:
a. The board of adjustment may prescribe appropriate
conditions and safeguards in conformity with this or
dinance. Violation of such conditions and safeguards,
when made a part of the terms under which the vari-
ance is granted, shall be deemed a violation of this
ordinance.
b. The board of adjustment may prescribe a reasonable
time limit within which the action for which the vari-
ance is required shall be begun or completed or both.
c. Under no circumstances except as permitted above
shall the board of adjustment grant a variance to per-
mit a use not generally or by special exception pen:ttit.
Supp. ~o. 35
1942.4
...
APPENDIX A-ZONING
Sec. 10
ted in the zoning district involved or any use expressly
or by implication prohibited by the terms of this ordi-
nance in the zoning district. No nonconforming use of
neighboring lands, structures, or buildings in the same
zoning district and no permitted use of lands, struc.
tures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
d. Variances to lot area and maximum densit~ speci
tied in comprehensive plan. Where variances to lot
area requirements are requested, and such a variance,
if granted, would cause the density to exceed the den-
sity shown on the future land use map of the city's
comprehensive plan, the density created shall be con-
strued to be in conformance with the comprehensive
plan, if the board of adjustment fmds that the vari-
ance meets the conditions set forth in this section for
granting same, and the variance would only allow for
the construction of a single-family detached dwelling.
C. REVIEW OF ADMINISTRATIVE ORDERS. In exercising
its powers, the board of adjustment may, upon appeal and in
conformity with provisions of this section, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, or
determination made by an adJ;ninistrative offi~ in the enforce-
ment of any zoning ordinance or regulation adopted pursuant to
this ordinance, and may make any necessary order, requirement,
decision, or determination, and to that end Shall have all the
powers of the officer from whom the appeal is taken. The concur-
ring vote of four (4) of the members of the board shall be neces-
sary to reverse any order, requirement, decision, or determina-
tion of any such administrative official or to decide in fa~or of the
applicant on any matter upon which the board is required to pass
under this section.
D. APPEALS FROM DECISION OF ADMINISTRATIVE OF-
FICIAL. Appeals to the board of adjustment may be taken by any
person aggrieved or by any officer, board, or bureau of the gov-
erning body affected by any decision of an administrative official
under any zoning qrdinance enacted pursuant to this ordinance.
Such appeal shall be taken within thirty (30) days after rendition
of the order, requirement, decision, or determination appealed
Supp. No. 35
1942.5
.,..
Sec:. 10
BOYWON BEACH CODE
from by filing with the officer from whom the appeal is taken and
with the board of adjustment a notice of appeal specifying the
grounds thereof. The appeal shall be in the form prescribed by
the rules of the board. The administrative official from whom the
appeal is taken shall, upon notification of the ming of the plans,
papers, or other materials constituting the record upon which the
action appealed from was taken. Due public notice shall be givelJ
in accordance with Chapter 163, Florida Statutes.
E. STAY OF WORK AND PROCEEDING ON APPEALS. An
appeal to the board of adjustment stays all work on the premises
and all proceedings in furtherance of the action appealed from,
unless the official from whom the appeal was taken shall certify
to the board of adjustment that by reason of facts stated in the
certificate, a stay would cause imminent peril of life or property
In such case, proceedings or work shall not be stayed except by a
restraining order which may be granted by the board of adjust-
ment or by a court of record on application, on notice to the officer
from whom the appeal is taken and on due cause shown.
F HEARING OF APPEALS. The board of adjustment shall
rlX a reasonable time for the hearing of the appeal, give public
notice thereof, as well as due notice to the parties in intet:est, and
decide the same within a reasonable time. Upon the hearing, any
party may appear in person, by agent or by attorney Applicants
shall be required to me a proper form (supplied by the city clerk)
and a current certified survey accompanied by a fee as adopted by
resolution of the city commission. For procedural purposes, an
application for a special exception shall be handled by the board
of adjustment as for appeals. I
G. JUDICIAL REVIEW OF DECISIONS OF BOARD OF AD-
JUSTMENT Any person or persons, jointly or severally, aggrieved
by' any decision of the board of adjustment, or any officer, de.
partment, board, commission, or bureau of the governing body,
may apply to the circuit court in the judicial circuit where the
board of adjustment is located for judicial relief within thirty (30)
days after rendition of the decision by the board of adjustment.
Review in the circuit court shall be either by trial de novo, which
shall be governed by the Florida Rules of Civil Procedure, or by
petition for writ of certiorari, which shall be governed by the
SuPp. No. 35
1942.6
APPENDIX A-ZONING
Sec. 11
Florida Appellate Rules. The election of remedies shall lie with
the appellant.
H. WITHDRAWAL OR DENIAL OF APPLICATION
(1) Upon the denial of an application for relief hereunder, in
whole or in part, a period of one (1) year must run prior to
the filing of a subsequent application affecting the same
property or any portion thereof.
(2) Upon the withdrawal of an application, in whole or in part,
a period of six (6) months must run prior to the filing of a
subsequent application affecting the same property or any
portion thereof, unless, however, the decision of the board
is without prejudice; and provided that the period of limi-
tation shall be increased to a two-year waiting period in
the event such an application. in whole or in part, has been
twice or more denied or withdrawn.
(3) An application may be withdrawn without prejudice by
the applicant as a matter of right; provided the request for
withdrawal is in writing and executed in a manner and on
a form prescribed by the board and filed with the board at
least one (1) week prior to any hearing scheduled concern-
ing the application, otherwise, all such requests for with-
drawal shall be with prejudice. No application may be
withdrawn after final action has been taken. When an
application is withdrawn without prejudice, the time limi-
tations for re-application provided herein shall not apply
(Ord. No. 76-40, 9 1, 10-5-76; Ord. No. 7719, 9 1, 7 19-77,
Ord. No. 78-31 ~ 1,8-15-78, Ord. No. 83-17, 9 1, 5-17-83,
Ord. No. 84-45, ~ 1, 11 20-84, Ord. No. 85-22, ~ I, 4-2-85,
Ord. No. 86-4, ~ 11, 3-Js)-86; Ord. No. 88-17,9 17,5-3-88)
Section 11. Supplemental regulations.
A. RESERVED.
Note-See the editor's note (allowing t 11.
B. CLUSTER DEVELOPMENTS. A cluster of groups of
two (2) or more single-family structures may be permitted in
all residential districts with the following requirements:
All cluster housing development plans shall be submitted
Supp. No. 49
1943
To: City of Boynton Beach
Board of Adjustment
He: variance Request Application Addendum for
Sherry P Ward property
The following statements are in response to requested documents
in section 5, A-F, of the Board of Adjustment Application
At the time this structure was built, Seacrest Blvd was a two-lane
road, making the structure well within setback limits of that time
Also, it is worth noting that there was also much less traffic on
Seacrest Blvd at that time, and the viability of the second story
porch was more positive Originally constructed as an open-air
porch, the progressive closing in of the porch was necessitated by
the concurrent increase in traffic noise and dirt as the city grew
The last time the structure was improved upon, it was closed in with
2x4 framing and jalosie windows As far as we know, this is the only
structure of its type in the immediate surrounding area which
would be subjected to the same pattern of noise and dirt created by
its close proximity to a street with similar traffic patterns to this
location
Since it has been many years since the last improvement on the
structure, and due in part to the increasing use of Sea crest Blvd
as a major north-south route through downtown Boynton Beach, the
porch section of the structure is essentially useless as currently
constructed The framing and windows are insufficient insulators
of both sound and temperature. The use of this structure as it now
stands would constitute undue hardship because of both street noise
and intrusive dirt and heat from the outside By allowing us to
rebuild this porch area from the floor up using more substantial
building materials, such as concrete block and high-quality insulated
windows, a much more hospitable living area would be created, both
quieter and cleaner than current conditions
As part of our overall plan for renovating our second floor, we
therefore respectfully request your approval of our variance The
finished look of our building will be seamless and smooth, and will
not infringe any further on current setback requirements, as your
office dictates We greatly appreciate your concern that the over-
all appearance of the neighborhood be enhanced at best, and undis-
turbed at worst We feel that this plan addresses both your concerns
and our need for improved living space
Thank you for your time in consideration of this request
~
Sherry P (Ward) Mattlin
07/11/94
To: City of Boynton Beach
Board of Adjustment
COpy
Re: Variance Request Application Addendum for
Sherry P Ward property
The following statements are in response to requested documents
in section 5, A-F, of the Board of Adjustment Application
At the time this structure was built, Seacrest Blvd was a two-lane
road, making the structure well within setback limits of that time
Also, it is worth noting that there was also much less traffic on
Seacrest Blvd at that time, and the viability of the second story
porch was more positive Originally constructed as an open-air
porch, the progressive closing in of the porch was necessitated by
the concurrent increase in traffic noise and dirt as the city grew
The last time the structure was improved upon, it was closed in with
2x4 framing and jalosie windows As far as we know, this is the only
structure of its type in the immediate surrounding area which
would be subjected to the same pattern of noise and dirt created by
its close proximity to a street with similar traffic patterns to this
location
Since it has been many years since the last improvement on the
structure, and due in part to the increasing use of Seacrest Blvd
as a major north-south route through downtown Boyatpn Beach, the
porch section of the structure is essentially useless as currently
constructed. The framing and windows are insufficient insulators
of both sound and temperature The use of this structure as it now
stands would constitute undue hardship because of both street noise
and intrusive dirt and heat from the outside By allowing us to
rebuild this porch area from the floor up using more substantial
building materials, such as concrete block and high-quality insulated
windows, a much more hospitable living area would be created, both
quieter and cleaner than current conditions.
As part of our overall plan for renovating our second floor, we
therefore respectfully request your approval of our variance. The
finished look of our building will be seamless and smooth, and will
not infringe any further on current setback requirements, as your
office dictates We greatly appreciate your concern that the over-
all appearance of the neighborhood be enhanced at best, and undis-
turbed at worst. We feel that this plan addresses both your concerns
and our need for improved living space
Thank you for your time in consideration of this request
---::.
~
Sherry P (Ward) Mattlin
07/11/94
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