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REVIEW COMMENTS 7.A.! BOYNTON LAKES/HASTING LANE (MPMD 03-001) MASTER PLAN MODIFICATION DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO PZ 03-061 STAFF REPORT TO Chairman and Members Planning and Development Board and City Commission THRU Michael W Rumpf Director of Planning and Zoning FROM Maxime Ducoste-A. Planner DATE March 10, 2003 PROJECT NAME/NO. Boynton Lakes-Hastings Lane/MPMD 03-001 REQUEST Master Plan modification to reduce the rear yard setback from 10 feet to 2 feet for two homes in Plat #4 to allow hard roof room additions PROJECT DESCRIPTION Property Owners Jack and Lucyna Lamb, Lot 22; Chris and Claudine Mc Carthy, Lot 13 Applicant/Agent: Jack and Lucyna Lamb / Chris and Claudine Mc Carthy Location Boynton Lakes (P U D ) Plat No 4 Existing Land Use/Zoning Low Density Residential (LDR)/PUD Proposed Land Use/Zoning No changes proposed Proposed Use Home improvements or expansions Acreage 54 7 Acres Adjacent Uses North Single-family detached zero lot line homes (Boynton Lakes PUD), South Single-family detached zero lot line homes (Boynton Lakes PUD), East: Right-of-way for the L.W D D E-4 Canal, and farther east the High Rdige Country Club golf course, West: Right-of-way for Hasting Lane and farther west Single-family detached zero lot line homes (Boynton Lakes PUD) Staff Report Memorandum No PZ-03-061 Page 2 BACKGROUND Jack and Lucyna Lamb with Chris and Claudine Mc Carthy, residents of Boynton Lakes P U D Plat No 4, are requesting that the Master Plan for Boynton Lakes P U D Plat No 4 be modified to reduce the minimum rear yard setback, as described within the attached letter of request. The request is to reduce the current ten (10) foot rear setback to two (2) feet to allow hard-roof room additions Both properties are located on Hasting Lane and back up to the E-4 Canal Boynton Lakes was the first P U D to be established in the City of Boynton Beach The subject plat is a single-family detached zero lot line residential development, comprised of 172 platted lots on 54 7 acres The P U D is located on the east side of Congress Avenue between Hypoluxo Road to the north and L.WDD (L-19) Canal to the south (see Exhibit "An -Location Map) OnMay20 1986,theCity Commision approved the final plat and construction plans for this portion of Boynton Lakes All 172 lots are developed The typical lot size within this P U D is 5,000 square feet (50 feet x 100 feet) All lots front on an internal road network providing ingress and egress to Congress Avenue and Hypoluxo Road Originally the approved building setbacks were 20 feet front yard, 15 feet side yard and 15 feet rear yard City records indicate that an amendment to the approved rear setback was approved in September 1989 to allow a 10 foot rear yard setback. Chapter 2 5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission ANALYSIS The Master Plan (see Exhibit "B") submitted by the applicant identifies the two properties subject to this request. Staff also prepared a typical lot layout depicting the proposed two (2) foot rear setback and the current ten (10) foot rear setback (see Exhibit "B"-Proposed Setback) This request was reviewed for consistency with the P U D development standards in the Land Development Regulations, Chapter 2.5 Planned Unit Developments There are no minimum yard setbacks required within PUD's These are approved with the PUD Master Plan Ass uch t he approved setbacks for Boynton Lakes don ot conform to setbacks required for conventional single-family zoning districts With respect to the changes requested, the original building setbacks were established consitent with other zero lot line developments in the City The purpose and intent of building setbacks is to create separation between units This is accomplished by allowing the building to be set a certain distance away from the property lines In this case, a 10 foot rear yard setback is required It should be noted that the minimum rear yard setback allowed in conventional single-family zoning districts is 25 feet to the property line Staff reviewed the subject request focusing on the applicant's justification statement contained in Exhibit "C" There exist special conditions peculiar to the subject parcels The rear yards for both lots #6 through #23 are located adjacent to the L.W D D (E-4) Canal to the east. There is approximately 85 feet of open space beyond the subject property lines to the center line of the E-4 Canal In total this canal easement provides a separation of approximately 170 feet between the adjacent recreation property to the east (High Ridge Country Club golf course) and the subject parcels With respect to impacts on the area, staff acknowledges that if the standard building envelope is expanded closer to the rear property line, the impacts on adjacent properties can include reduced light, air flow, and views In this case, the impacts upon the abutting parcels are not significant due to the openness and the great distance separating the single-family residences and nearby High Ridge Country Club golf course The reduction in the approved Staff Report Memorandum No PZ-03-061 Page 3 rear yard setback would likely generate no negative impact upon adjacent properties It should be noted that along the rear of both properties subject to this request, there is also an 8-foot utility easement within the rear yard setback. The reduction of the rear yard setback to two (2) feet would result in a building encroachment into the easement. It should be noted that Chapter 5, Platting Section 10 Easements does not allow any encroachment of utility easements The City's Department of Public- Works, Engineering Division reviewed this specific request and issued a memorandum indicating they have no objection regarding placement of improvements in this utility easement as city utility lines are located in the front of the properties in the neighborhood (see Exhibit "D" - Memorandum No 02-232) Furthermore, the other utility companies signed consent forms indicating that this easement is not being utilized for any utility support. RECOMMENDATION Staff recommends that the request for the reduction in the minimum rear yard setback from 1 0 feet to two (2) feet be approved for the following reasons 1 This request will not be injurious to the area or detrimental to the public welfare, 2. The existing location of the subject lots adjacent to L.W D D E-4 Canal, and 3 The intent of typical setback requirements will be met in the subject plat. To maintain uniformity along the rear of the properties backing up to the E-4 Canal, staff recommends that this setback modification include Lots #6 through #23 This recommendation is subject to the conditions listed in Exhibit "E" Conditions of Approval, including any necessary amendments to the Association documents which may show or list the rear yard setback as being 10 feet. MD S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes-Hasting Lane\Staff report.doc I _ L___ Location Map BOYNTON LAKES MPMD 03-001 EXHIBIT "A" ------ _-----L-- L----------- i-- , I I ,-- - +-, - - --~-- - - --,_:-- r~-: R1 I ,-- / ---,---'---r-..; '- ---~-- - ---'---r ~~_.~ --~ ~ -,-.k .=~ ! ~-=:j --c.- HYPOt ml e; o ~I (j) ~ ~ ,-C3 ~_----1- I' T '--'- 1 C3 -~~~" I -.--L..-.1 , ~I----= -~ =1= Il~~..s~~ ,'.~ ',' -:;:-: ---- -~ "' ~----, I,_(-~ PUr} REC - I--c .=-~ '--- ~ -=-,- I --.;".-. LWDD E-4 CANAL -Tfj-' I , ,- ----J E2 EE r::=EI , , .-----:-::r-..:.....- h~-d.- ----:;-JI--- ~r----'- /-~. ~~-:~.;~- ,~ ---~..-l..-i-- ~J '~" i--\._ ~ ~ ~~~~~ .== ~I',I~~~ -~ ~---=:; 800 o 800 Feet N w-<?-' 5 I r EXHIBIT "B" BOYNTON LAKES MASTER PLAN HYPOlUXO ROAD SHOPPINC CE~HER '- RESIOESTlAl -! -I -I -i ; _1 -: ), ~~ RESIDENTIAL LID o ~ ---n------u----'--,ui:{J , -----.----- _.-~ ----- --- FLOOD ZONE '~ r EXHIBIT "BT'/ \' , ,I_AI PROPOSED SETBA~K \" ~Ou"-.)'> A\~-\- ~I_ I - ( j--- f i- pO () jcf fA) I ( I, ',,- !' l ~1. "llr r:--, t. ~! L~ 'i'r gJ~ j I (/ (f f" c.., P 2. / I r / ~/'I / w~t,-" - ~1tfG,(/1 c-t::- l... t::::.,.. c:........... '0 c)<.:) <. ( 7:; r,. ~ , J/ ) I ) J: '- ~' (/~' ( J -, / " ..i ":, " - '. "" .- - \. V ~~ ~\ <-':)\ -1 ~ . N\ Y\l:~.,t--..1 \,),0 L E.. -:r. tV't-~ ~ ~ e:...c... 't- '0 t--.\ ~ + t-4\~yF'\E.\.....O ~'E.V <1' r ... !--~ ~- =--' ~- :'~"/ :-1 A":'. ,,)! .\7 \_~~~ \ ,. L A 1<..6. -S0'?G~ \ C"\~ .........." ."... 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(' Jack Robert & Lucyna Lamb 3220 HE 5th Drive Boca Raton, FL 33431 (56fj 368-7531 r- EXHIBIT "e" I Claudine & Chris McCarthy 40 Hastings Lane Boynton Beach, FL (561) 964-2357 December 9 2002 City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33426 Subject Application for set back change on Boynton Lakes North Plat No 4 (PUD) FOR 22 Hastings Lane, Plat #4, Block 10 Lot#22 40 Hastings Lane, Plat #4, Block 10, Lot #13 Dear Mr Rump, Director of Zoning and Planning As per our November 20 pre-application meeting, this letter is set forth as an application to the City of Boynton Beach to reduce the rear set back from 10 feet to 2 feet for two properties backing up to the E-4 Canal on Hastings Lane The properties are owned and descri bed as follows Jack and Lucyna Lamb of Chris and Claudine McCarthy of 22 Hastings Lane, Plat 4, Block 10, Lot #22 and 40 Hastings Lane, Plat 4, Block 10, Lot #13 The Lambs (the owners of 22 Hastings Lane, Plat 4, Block 10, Lot #22) are asking to reduce the 10-foot setback so that a screened-in, hard-roofed porch can be added to the back of the home The McCarthys (the owners of 40 Hastings Lane, Plat 4, Block 10, Lot #13) are asking to reduce the 10-foot setback so that an addition can be built. The addition would be a glass- enclosed, hard-roofed Florida Room (with partial cement walls for support on either side) encompassing the existing 9 5-foot screened-in, hard-roofed porch space plus an additional 8 feet beyond that, for a total of 17 5 feet. As an alternative, the McCarthys would consider enclosing their existing screened-in, hard- roofed porch in order to transform it into a Florida Room (glass-enclosed, hard-roofed with partial cement walls on either side for support) - which would not require a change in the setback - and building an 8-foot, screened-in, hard-roofed porch beyond that. Justification statement -This request only affects the rear of the properties. -Both properties will still have at least 30-feet of open green space beyond their property lines, plus 80-feet of E-4 canal space -Beyond the canal is the High Ridge Country Club golf course, which is bordered by tall pa I m trees -All of these factors combine to allow for an abundance of air, light, green space and views of the canal and surrounding areas for these property owners as well as neighboring property owners -This also allows enough space to accommodate access by trucks or emergency vehicles -Drainage will not be a problem as evidenced by the other houses on Hastings Lane, most of which already have back porches - At least 80 percent of the houses on Hastings Lane already have screened-in, hard-roofed porches, and one has a swimming pool, at the rear of their properties EXHIBIT "e" . Changing the setback to allow for the addition of and/or expansion of porches and/or Florida Rooms on these properties will also benefit the other residents of the neighborhood by increasing property values Pictures of both rear portions of the lots are included The next-door neighbors of each property have not objected to the modification of the setback. (See attached letters) The undersigned unit owners of the above-described properties of Boynton Lakes North, petition the City of Boynton Beach to change the treatment of the setback as stated above 22 Hastings Lane Boynton Beach, FL ;.IAtr~'t< ~ Mr Jack R. Lamb 40 Hastings Lane Boynton Beach, FL c:L,,~n tt~ Mr Chris McCarthy ~r4~ Mrs L cy Lamb CQQV.~~ Mrs Claudine McCarthy --, ~ I 'EXHIBIT ~" , / I iI'\'Y 01:- _ G /~.!' .',. ~ Gl ~~_ C"--'. :r: o _ ,- --' (J ~ - -,..,. tV - ....- ~' ro N €I DEPARTlVIENT OF PUBLIC ''''ORKS ENGINEERING DIVISIO'\ i\IEl\-IORANDUlVI NO 02-232 TO Don Johnson Buddmg OfficIal Department of Development H. DavId Kelley, Jr, PEIPSM~'''' CIty Engmeer FROM DATE November IS, 2002 RE Rear Lot Utility Easement Usage Lot 22, Block 10, Boynton Lakes - Plat No.4 (P U.D ) Pursuant to the request of the property owner for the above noted property (Lucyna & Jack Lamb 3220 'N'E 5th Dnve, Boca Raton, FL 33431) and theIr request to construct a screen covered porch upon a portlOn of the rear yard utIhty easement, thIs DIvIslOn revIewed the eXIstmg utIhtIes supportmg the property In addItlOn, we revIewed those Easement Consent Forms submItted by both the telephone company and the cable company In heu that the rear utilIty easement IS currently not bemg used for any support utIlIty and It appears that no UtllIty company IS antIcIpatmg utIlIzmg thIS easement, therefore thIs DIvIslOn has no ObjectIon m allowmg a screened covered porch to be constructed upon It. If vou have any questlOns regardmg thIS matter, please advIse me at x648S HDK/ck XC Frantz LaFontant, Engmeenng InspectlOn Ken Hall, Engmeenng Plans RevIew Analyst FIle S \Engineenng\Kribs\Lamb Lt. 22, Blk. 10 Boynton Lakes #4 - Ctihty Easement Usage. doc EXHIBIT "E" CondItIOns of Approval PrOject name' Boynton Lakes/Hastmgs Lane File number MPMD 03-001 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None PUBLIC WORKS- Traffic Comments. None UTILITIES Comments. None FIRE Comments. None POLICE Comments. None ENGINEERING DIVISION Comments. None BUILDING DIVISION Comments. None PARKS A:.~ RECREATION Comments. None FORESTER/ENVIRONMENTALIST Comments. None PLANNING AND ZONING Comments. 1 ModIfy the aSSOCIatIOn documents If necessary to show a 2-foot rear yard setback for Lots #6 through #23 pnor to issuance of a buildmg permIt for Lots #13 or #22 CondItions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 2 A hold armless agreement shall be requIred from all utilIty compames to authonze the placement of any buildmg addItIOn or any structures wIthm the 8-foot utilIty easement on Lots # 6 through #23 wIthm Block 10 ADDITIONAL PLA. ~NING & DEVELOPMENT BOARD CO~ITIONS Comments. 1 To be determmed. ADDITIONAL CITY COMMISSION CONDITIONS Comments. 1 To be determmed. S '\Planning\SHARED\ WP\PROJECTS\Boynton Lakes- Hastings Lane\COA,doc