REVIEW COMMENTS
D~".E:LOPMENT SERVICES DEPARTMEI, I
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 "D" 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"
MR/dim
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