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REVIEW COMMENTS ~~J~tL L.sz Y CITY OF BOYNTON I (.) - 2-L -Of r- BEACH ~\ Le- I , 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 ~~ I , T/tf-. C ~€:~ #-79- W ~ ~ DE. ~ ;1I-e- { ()~:- 13 JtR.u 4.) ~~ ~~~~ ~ I -re P/#W F6c ~ It Departments required to review the project ~b C;~ Ie, beT >~7 UV 2 16-9~ . P6ZCOKKT rftH Page ---L-- of J REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS / .--/- " c ,- _/ "--... / 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 $100 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager The requested variance will be requested to the Board at the August 15, 1994 meeting. MH/cmc a. CLERKMEMO Attachments xc. project file rz1ie City of ~oynt-on. <<13ea.c./i. ,~. ~ J.OD ':E_ ~c>yn_ ~~ ~C-.rYf !P.O. "BDoc..!I J.O 'B.:>yn_ '.B4a.d;., ~ .!I.!f.#2.5-0.!l.lO Ci.q,,~' <_7,) 3?s-.6000 7J'IVIC< (407:) 37S-609D FACSIMILE TRANSMISSION TO Hr Jovan.i Levine B~o..o1!l 8hopp... (305) 230-'0578 F.A..iC NO FROM M:i.ohae:l. Ha/!J.<;l P1ann:i.ng and Zoning O.pa~tm.nt OATS Ju~y 20 1994____ RE J!t~C>...80m 8h';;':I=>p", NUMBER OF PAGES INCLUDING THIS COVER SHEET 8_ .:: i:axtr...n.... j'j J1l~a.$ V-.TVGY "0 eFU: quqse___ TRANSMISSION REPORT THIS DOCUMENT WAS SENT (REDUCED SAMPLE ABOVE) ** # COUNT ** 8 *** SEND *** ,,--~---------,---, : ~NO REMGTE STATION I D i START TIME i L-~~ _-L 7-20-~__2 25PM -J TOTAL. DURATIm~ COMMENT 1 I ---1 I --1 5 25 o 05 25 8 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 --;;-r=" I" '. lL. j \ I:A'lrn' lli R JUli ~2,\ I l!i -.2J u ,.. -I 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 A- C 1\/ Ov , C~-t/)IV'""::i 15, f L-OD () AJeLU ePE'-\} l"v(,..... /fJ-r.e..... 1c9,r CVa l( N Ifl lA) D 0 D A.. ~'*r-ev- l-& k vv 0. ( I (\0 '" l:'~1't ~,....~ F{. e. tv\; C> v e., R ~ CJ 1- ~o c ~ y ~ D k 0 P Ce ~ t l ~ ~ ~ .( (<:9 fu I' J V\1 IV evJ 6 rA-c't w Q'L..-l-- ~ e>Ik>J.e po. Jp kdl ",,1- 1 ..v ~V'l0' 'L? f.- L P (V- ~~!7 ~ ~tVrA rLf)() ~ (X. P IIVl 0 \J Q ~~ M ~ I "'V +-~ ..... ( ...) ""1 L{./dIJ~ ' r~f)."J { (~ ,f) R. Q. hI) JlL M 0- c:, O^ ('-- ~ W C1 S l\ Tie pe&",,<-'T RQv"-\..DJe ~\05R~ 1/l.., f()"'~~ (!))tfG>-t.l'voA,%l /J~ ~;+- StJ'1 <8-6 t' Wee (( R Q [0 co- .,~ H () 1'+ C )'SJ 'fLf)DQ.. AD\) T ~ <: 10 ~ ~ ~ Co V'v L /\~ +--...e.... 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