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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 ~\\\\ IIII/. ~'.J.~:'~~ &~ ~ f ~~~.Qf_r1 ~ =o:~ g -,..: ,,= ~ 'I' \ ~~v ~ ~ \.. \.~ .~ ~ ~ ~ \ -.......:....... ,<:) ~ ~~ ~III. ",,, 1'111/," 1\1 \\ \ \ \\\ Other 7 DATED 7-11-01 S.\PLANNINGISHAREO\WP\PROJECTSIPENCE PARK ZNCVlOEVELOPMENT ROE ~ '-" ..., 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// \\\ 1111. ~~~"~~~ e~r j~ q,. ..;vAAr~, ~ % = 0 :~ g :::.,.. ~:: "%\""~9J?) ~ $ ~, ...","f'::;:: .. 'v::::: ~~ JI'//1. \\\' 1'111"" 111\\\\\\\ Other 6 DATED 7-11-01 S.\PLANNINGISHAREOIWP\PROJECTSIPENCE PARK ZNCII\OEVELOPMENT ROE ~ 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" -" -t 7 7"1 { I , I ' I (;: -- a 4- - - -- " o ~I "I I~ 1 ! : /~ - ~! I~ s ~ ~ I~ " i- - I~ '\ I, I~ I I~ - {~ I"' ~ {,- - - - - ~I ~ 1'1 1;'\ V ~ , ~" { ~ ~ 1- - - o I ~ :f~~ ~ ! s "~---- ,l Pt- ___ l I~ 1-.. I( ," I~ I I I ~ 1 "\ ~ 1 I I f I I 30'../ I L t/~ e. :5 BLKB 6 -- \ 8 'l.' ~I --I ~I - ~I .!} /0 1/ ST ?A.RX /9ESERVE 3CO./:'//. -57 /C"c;o(fy -<, Q III "-I ~ ~ } <ll 0/ EXHIBIT "B" - --\~-l;-40c.r. \ ai ... (\J ~ 'll <ll , l:l - - - -- - - l\. ~Q l\l ill" ~ ____ _ --Il \J - - - -- f- - - - - - - --J ~ 14- 13 01 -~~~ - - - - - - -- ~ill 15 16 ~ill: 3 (; 7 10 BLKA II "- ~ qj 18 I=' Q, /80 / ~ '" o - . " -.s-:~A"E:.l:r--Fr rtv,-.5L:...--- .::,1 00)1" It /80 ~ loll 2 I~ I\) ~ I~ i I i- -- I... l~ I~ - --,~- 'l. ~ OJ I; I.~ 'll i- I" ~ Q:l ~ 'll llJ :> 'i." ~ ~ '" ~, (J 18Of' Cl ., I 0 , " I ~ ~ '- 4- ~ K W./DE ... "\ ~ .2 4 ... - -;11 ~ o 'll < ~ '<l l\. ~ '\ " " :1 s 8 !J /2 ~!\;, ~ <ll 30 Fr- " " a Q;) "l \~ It\. lie/I' ~ Q 17 , <.. ... V ~ ~ lI. "\ ).. ~" ~( :;) - - - ~Cl l..' ~JU 1\ 20 2/ I~ ~ 6 c- - - - - - - -- ~II I S "'. I\. i Ice' .1 /lfr.}, ~cui~ .,;-~ '-41'1 or 1:3 <. "\ ~ --;3-- 1- \ ~ 7 !J - - - 20' ~ t>- ''I>~' ~o _ quar S",c Co~ner. 10 /8 180 r PENCE SUBDIWSION NOr (SE/N6ANADD/77CN TO THE "TOWN OF BOYNTON") ALL THATntlTT OF SE)40FNEfl7 ClFSEC28 T 4.sS OF fi 43 E L }/N5 E i5TCF -r-HF FLA E.cl6 T' CcnST BY h C-r rLC/-f'NJA ~ry r,r. q- 1..41' 4,. ..s a,{ EXHIB.IT "e," ~ ,------------------------ I ./ 5.E 5t.h. A VENUE EXI~T1N6 EIAL1. FIELD :- iC'T"'( F BO'l"NTON BEACH TO .>lST >oEH 2. LtOER6ROl.tO IT W FIJLl. 5TRINS (,AG1lI F<OVTiH6 ~.,. V/>oR:t') GO TORS TO BE F\JRNISH:D AND I TAL..J...W BY COH'fFVr,GTOR o 1 L/!J<15".... .........~ ~e.xIST1H6 PAlEL. CWe"aSoT.P'OI...I! SITe PLAN EXI5TlNiS CHAIN L.INIC FENC.e LINE f- ill ill lY. I- U) ..s:: -' '<t ill ill S.E. 6t.h. AVENUE UI ~ ,EX'~ -LuDrI. - Itr\" - _~_______._~. L_~ - .-.-.~ ,.---^ (., 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 ----.-- ~-_.- \ MA~ L 5 2.00\ I \ L-- \ ------------ 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