AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[gJ July 17 2001
D August 7 2001
D August 21 200 I
D September 4 200 I
July 5, 2001 (5:00 p.rn.)
D September 19 2001
D October 2, 2001
D October 16, 2001
D November 6,2001
September 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
October 17 2001 (5:00 p.rn.)
NATURE OF
AGENDA ITEM
D AdmInistrative
[gJ Consent Agenda
D Public Hearing
D BIds
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D UnfImshed Business
D Presentation
RECOMMENDA nON Please place the request below on the July 17, 2001 CIty Commission meetIng agenda
under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote recommends that the subject
request be approved. No condItions of approval accompany this recommendation. For further details pertaining to this
request, including the supportive recommendation from staff, see attached Department of Development Memorandum No. PZ
01-129
EXPLA1~AnON
PROJECT NAME.
AGENT
OWNER.
LOCATION
DESCRIPTION
Pence Park Variance
Paul Fleming
CIty of Boynton Beach
600 S.E. 4th Street
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zonmg, Section 5 1.2. to allow an eIghteen (18) foot reduction from the
minimum of twenty-five (25) foot rear setback required for a buildmg on a parcel zoned
REC, Recreational, resulting in a seven (7) foot rear setback.
PRO GRAl\'l IMP ACT
N/A
FISCAL IMP ACT
N/A
Deve
City Manager's SIgnature
/1( / t) -71-- ~_
Plannmg & zonm70irector City Attorney / Finance / Human Resources
S'\Planning\SHARED\WP\PROJECTS\Pence Park ZNCV\Pence Park Agenda Request 7 17-0Ldoc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-129
Staff Report
Community Redevelopment Agency Board
and City Commission
Meeting
Date
July 10, 2001
File No
ZNCV 01-012 - Rear setback
Location
600 SE 4th Street
Owner'
City Of Boynton Beach
Project.
Building an accessory facility on a parcel zoned REC
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 Zoning Section 5, I 2 to allow an eighteen (18) foot
reduction from the minimum of twenty-five (25) foot rear setback required for a
building on a parcel zoned REC, Recreational, resulting in a seven (7) foot rear
setback.
BACKGROUND
The subject property is currently zoned REC, Recreational and site of Pence Park, a city
neighborhood park. The property fronts on SE 4th Street and the rear is along Rail Road
Avenue (see Exhibit "A" -location map)
The following is a description of the zoning districts and land uses of surrounding properties
North SE 5th Avenue right-of-way and farther north two (2) single-family homes and a mixed-
use property (residential/commercial) zoned C-3,
South SE 6th Avenue and farther south a residential duplex and a single-family house zoned
R-2"
East. SE 4th Street right-of-way and farther east, a vacant parcel, a motel, and an office
building zoned C-3,
West: Railroad Avenue right-of-way, FEC Railway right-of-way, and farther west, residential
homes zoned R-1-A, and industrial property zoned M-1
The 2 40-acre parcel was dedicated as a park reserve by the plat of Pence Subdivision in 1908
and accordingly, it is currently developed as a baseball park and contains other recreational
facilities (see Exhibit "B" - Pence Park Subdivision) The site features a bathroom building
constructed in 1977 per City records, as indicated by the applicant, it is not longer suitable to
support the activities on the site, and is not in compliance with current building and site
regulations The applicant is proposing to replace the old bathroom facility with a larger and
more functional building at the same original setback - seven (7) feet from the rear property
line, but non-conforming by current regulations (see Exhibit "C" - site plan) Since the old
building will be totally destroyed and replaced with a new facility, the grandfathered right to
keep the existing rear setback will be lost. Construction of the new building at seven (7) feet
from the rear property line requires the subject variance
Page 2
Pence Park variance
File No ZNCV 01-012
City records show that only one property within the immediate vicinity has been the subject of a
rear setback variance approval since 1971 The property is developed as a duplex residence
and it is located in the northwest corner of SE 6th Avenue and Railroad Avenue, opposite the
south side of the park.
ANAL YSIS
The code states that the zoning code variance cannot be approved unless the board finds the
following
a That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested would not confer on the applicant any special
privilege that is denied by this ordinance to other lands, buildings, or structures in the
same zoning district.
d That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
e That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure
f That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare
(Exhibit "0" contains the applicant's response to the above criteria)
As in the review of most variances, staff must review an application to first determine if a
hardship exists, and second, if there are negative impacts upon the immediate neighborhood or
general public. This review involves the identification of unique characteristics of an individual
parcel, and the action that has generated the need for the variance It also includes a review of
the alternatives available to avoid or minimize the variance, and whether the intent of applicable
regulations is being jeopardized
In the subject case, unique circumstances beyond the control of the applicant (the City) do not
exist which have generated the need for the variance Instead, the need for the variance is a
factor of the original layout of the park, characteristics of its use and existing location of utility
lines The variance could be avoided by relocating the facility; however at additional cost and
possible inconvenience to the majority of users of the facility
Page 3
Pence Park variance
File No ZNCV 01-012
Therefore, in this review, staff has placed greater emphasis on review criterion "f' above, which
checks for compliance with the intent of the city's regulations, and impact on the area and
public welfare Accordingly, staff concurs with the applicant in relation to said criterion "f', that
the proposed new facility ''will promote a positive influence on the success of the City's
ongoing projects to improve the City for its residents. "
Setbacks are typically intended to maintain uniformity in the built environment and particularly in
view of corridors along streetscapes, as well as to maximize safety By virtue of it being a public
park, there are no other structures with which improvements would be compared to or deviate
from Furthermore, being along a neighborhood street, traffic volumes and speed are low along
this side of the subject park, safety would therefore not be reduced by the proposed setback
variance
With regard to the neighborhood, staff believes that granting this variance will not generate any
significant impacts upon the neighborhood considering that both, the closest residential building
is located several hundred feet at any direction, and the parcels immediately adjacent (west) to
the rear of the proposed building are the right-of-way for Railroad Avenue and for the FEC
Railroad
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein on which staff has placed greater emphasis on the
continued satisfaction with the intent of the City regulations and the needs of the City and the
public, staff recommends that the subject request be approved, thereby granting relief from
zoning regulations to allow an eighteen (18) foot reduction from the minimum twenty-five (25)
foot rear setback required for a building zoned Recreation, or a seven (7) foot rear setback.
No conditions of approval are recommended, however, any conditions of approval added by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E"
MRldim
S-\Planning\SHARED\WP\PROJECTS\Pence Park ZNCV\STAFF REPORT.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME.
PENCE PARK VARIANCE
APPLICANT'S AGENT City Of Boynton Beach
APPLICANT'S ADDRESS 100 East Boynton Beach Boulevard, Boynton Beach
DATE OF CITY COMMISSION PUBLIC HEARING July 17, 2001
TYPE OF RELIEF SOUGHT Rear yard setback from property line
LOCATION OF PROPERTY 600 SE 4th Street
DRAWING(S) SEE EXHIBIT "C" 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 Community Redevelopment Agency 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 "E" with notation "Included"
4 The Applicant's application for relief is hereby
1- 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 \\\\\llI/l/fll
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DATED
7-11-01
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EXHIBIT "E"
CondItIons of Approval
PrOject name Pence Park
File number' ZNCV-OI-012 (rear yard setback)
R fi Z Code-Va A r d d M 21 2001
e erence' onmg nance I.DDlIcahon ate av ..
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/EN\l1RONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments. None X
S:\PLANNINGISHAREDlWPIPROJECTSIPENCE PARK ZNCV\CONOITIONS OF APPROVAL REAR SETBACK.OOC
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME.
PENCE PARK VARIANCE
APPLICANT'S AGENT City Of Boynton Beach
APPLICANT'S ADDRESS 100 East Boynton Beach Boulevard, Boynton Beach
DATE OF CITY COMMISSION PUBLIC HEARING July 17, 2001
TYPE OF RELIEF SOUGHT Rear yard setback from property line
LOCATION OF PROPERTY 600 SE 4th Street
DRAWING(S) SEE EXHIBIT "C" 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 Community Redevelopment Agency 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 "E" 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.
7
All further development on the property shall be made in accordance with the terms
and conditions of this order \\\\1111"11//
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DATED
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S.\PLANNINGISHAREOIWP\PROJECTSIPENCE PARK ZNCII\OEVELOPMENT ROE
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EXHIBIT "E"
CondItIons of Approval
PrOject name' Pence Park
File number' ZNCV-OI-012 (rear yard setback)
R fi Z Code-Va AId dM 21 2001
w'"
e erence' OnInI! nance ~DDJ1CatlOn ate av
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. None X
UTILITIES
Comments None X
FIRE
Comments: None X
POLICE
Comments None X
ENGINEERING DIVISION
Comments None X
BUliDING DIVISION
Comments None X
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments. None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments None X
S:IPLANNING\SHAREOIWPIPROJECTSIPENCE PARK ZNCV\CONDITIONS OF APPROVAL REAR SETBACK. DOC
LOCATION MAP
Pence Park
EXHIBIT "A"
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City of Boynton Beach
Department of Engineering
Construction Services Division
Statement of special conditions, hardships or reasons justifying the requested exception or variance
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.
The subject property is currently a City Park (Pence Park) with existing and improved
recreational facilities provided by the City There is an existing restroom building that is no
longer suitable in supporting the City encouraged activities at the park. The City has planned
and would like to erect a new restroom building (in full compliance with all current codes and
standards) using the exact setbacks currently used for the existing building
B That the special conditions and circumstances do not result from the actions of the applicant.
The City is the applicant and has done nothing (to my knowledge) to create any special
conditions or circumstances.
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.
The City is not seeking any special privilege with the granting of this variance
0 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.
The new restroom building can not extend any further into the baseball/softball "foul" territory
without creating a potential safety hazard for the City residents who regularly use this portion of
the Park.
E That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure
The City is requesting the minimum variance needed for the new restroom building
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
i The new restroom building will be in full harmony with the general intent and purpose it will not
be injurious or detrimental to the public welfare, in fact, it will promote a positive influence on the
success of the City's ongoing projects to improve the City for it residents
----.--
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C .Mv Docum~ts\C0B8\fmrn.~\Pence Park\Variance-1 doc
~~'TICE OF PUBLIC HEARING -
NOTICE IS HEREBY GIVEN that the followmg apphcatIon has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD of the CITY OF BOYNTON
BEACH, FLORIDA, for a heanng as mdIcated, under and pursuant to the provlSlons of the
zomng code of Said CIty'
Owner
CIty of Boynton Beach
Request:
Rehef from Land Development RegulatIOns Chapter 2, Zomng
SectIon 5, Para I, Sub Para 2, for a rear setback vanance of 18 feet
to allow a 7 foot setback for a bUIldmg m a RecreatIOn zoned
dIstnct.
LocatIOn.
600 SE 4th Street. (Pence Park)
Legal.
Pence SubdIVISIOn No.3 Lot 11, Block 3
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, July 10,2001 AT 6.30 P.M.
All mterested partIes are notIfied to appear at saId heanngs m person or by attorney and be heard
or file any wntten comments pnor to the heanng date. Any person who decIdes to appeal any
declSlon of the Commumty Redevelopment Agency Board wIth respect to any matter conSIdered
at these meetmgs WIll need a record of the proceedmgs and for such purpose may need to ensure
that a verbatIm record of the proceedmgs IS made, whIch record mcludes the testImony and
eVIdence upon WhICh the appeal IS to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH. THE POST
June 25,2001
-~QUEST FOR PUBLISHING
LEGAL l\...., I.I.,-,ES AND/OR LEGAL ADVER1...~~h...~NTS
A completed copy of thIs routmg slIp must accompany any request to have a Legal NotIce or
Legal AdvertIsement publIshed and must be submItted to the Office of the CIty Attorney two (2)
workmg days pnor to the first publIshmg date requested below
ORIGINATOR. Plannmg: and Zorung:
PREPARED BY MIchael Rumpf DATE PREPARED June 1,2001
BRIEF DESCRIPTION OF NOTICE OR AD Zorung Code Vanance for CIty of Boynton Beach
to allow a bUIldmg to be constructed 18 feet m the reqUIred rear yard setback m the REC Zorung
dIstnct. leavmg a 7 foot rear yard setback. Commuruty Redevelopment Agency Board meetmg to
be held on July 10.2001. at 6.30 p.m. at the CommISSIOn Chambers. CIty Hall. 100 E. Boynton
Beach Blvd.. Boynton Beach Flonda.
SPECIAL INSTRUCTIONS AND REQUIREMENTS (SIze of Headlme, Type SIze, SectIon
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO All property owners (postmarked June 25. 2001) wIthm 400 foot
radIUS of the sublect property, applIcant and DIrector of Plan rung and Zorung.
NEWSP APER(S) TO PUBLISH The Post
PUBLISHED June 25. 2001
LAST DAY TO FAX TO THE PAPER BY 300 P.M. JUNE 22, 2001
APPROVED BY
(1)
(Ongmator)
(Date)
(2)
(CIty Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 01-102
TO Janet Prmmto
CIty Clerk
FROM. Michael W Rumpf
DIrector ofPlannmg and Zomng
DATE June 1,2001
SUBJECT Pence Park
600 SE 4th Street
Zomng Code Vanance 01-012
Accompanymg thIS memorandum you wIll find an apphcatIon and supportmg documentatIOn for
the above-referenced case Two budget transfer memos for a total of $421 43 were submItted to
the Fmance Department to cover the reVIew postage and processmg on thIS apphcatIOn.
The legal advertIsement for thIS request wIll be forwarded to your office after reVIew by the CIty
Attorney The requested vanance IS scheduled for the July 10, 2001, Commumty
Redevelopment Agency Board meetmg. Please advertIse m the newspaper and notIce to property
owners accordmgly
S:\Planning\SHARED\WP\PROJECTS\Pence Park ZNCV\Legal notice. doc