AGENDA DOCUMENTS
\
-'I.-CONSENT AGENDA
ITEM E.!
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned
Meetimz Dates in to City Cleric's Office MeetinlZ Dates in 10 City Clerk's Office
0 December 3, 2002 November 18,2002 (Noon) 0 February 4 2003 January 21 2003 (Noon)
0 December 17 2002 December 2,2002 (Noon) 181 February 18, 2003 February 3. 2003 (Noon)
0 January 7 2003 December 16,2002 (Noon) 0 March 4, 2003 February 18,2003 (Noon)
0 January 21 2003 January 6. 2003 (Noon.) 0 March 18,. 2003 March 3, 2003 (Noon)
0 Administrative 0 Development Plans
NATURE OF 181 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION Please place this request on the February 18,2003 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recormnended that the subject
request be approved. For further details pertaining to the request. see attached Department of Development Memorandum
No. PZ 03-026.
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
Buchanan Variance (ZNCV 02-017)
James Buchanan
James Buchanan
807 Ocean Inlet Drive (Coquina Cove)
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5 C.2.a. requiring a twenty-five (25) foot front yard setback to
allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-1-AA
single family zoning district; and
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5 C.2.a. requiring a maxinmm lot coverage of thirty-five
percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%)
maxinmm lot coverage within the R-1-AA single family zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT
ALTERNATIVES:
~C'M ~S'
lty anager s 19na e
Devel
'~(j ~
Planning and Zo Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Buchanan Variance\Agenda Item Request Buchanan Variance ZNCV 02.() 17 2 18'()3.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #03-026
Staff Report
Community Redevelopment Agency Board
and
City Commission
Meeting
Date
February 11, 2003
File No
ZNCV 02-017
Location
807 Ocean Inlet Drive (Lot 12 Coquina Cove)
Owner.
James Buchanan
Project:
Addition to an existing single-family dwelling
Variance
Request:
1 Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2. Zoning, Section 5 C 2.a, requiring a twenty-five (25) foot
front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard
setback within the R-1-AA single family zoning district; and
2. Request for relief from the City of Boynton Beach Land Development
Regulations Chapter 2, Zoning Section 5 C 2.a requiring a maximum lot
coverage of thirty-five percent (35%) to allow a two (2) percent increase
resulting in a thirty-seven percent (37%) maximum lot coverage within the R-1-
AA single family zoning district.
BACKGROUND
The subject property and surrounding neighborhood is currently zoned R-1-AA, single family
residential (see Exhibit "A" - Location map) The lot was developed in 1960, and it conforms
with the current R-1-AA zoning district building and site regulations The subject property is
surrounded by developed lots some of which are undergoing renovation as well
The property is located at the north side of Ocean Inlet Drive and has a depth of 98 feet. For
comparison, those properties located at the south side of Ocean Inlet Drive have a depth of 112
feet. Staff surveyed the area and it was observed that all properties along both sides of Ocean
Inlet Drive comply with the minimum front setback requirement of 25 feet, as estimated by the
straight alignment of the front building lines with few exceptions One exception is presented by
Lot #13 to the east, which was granted a five (5) foot variance on October 10 2000 to allow a
20-foot front setback. The subject variances are requested in conjunction with a plan to expand
the existing single-family home with a second story including an additional one-car garage The
requested setback variance is only for the front portion of the first floor of the existing house
This planned expansion is consistent with new construction and redevelopment projects
observed in the subject neighborhood
ANAL YSIS
The code states that the zoning code variance cannot be approved unless the board finds the
following
Page 2
Buchanan
File No ZNCV 02-017
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 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 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 "C" contains the applicant's response to the above criteria.)
Staff has conducted this analysis with a focus on the uniqueness of the subject property relative
to other subdivisions similarly zoned, the history of variance approvals within the subject
subdivision, neighborhood impact, and current improvement trends within the subject
subdivision
The subject parcel totals 7 350 square feet, which is less than the minimum 7 500 square feet
required for a lot platted before 1975 (the lot was platted in 1952) The lot is considered a legal
non-conforming parcel according to the Land Development Regulations Chapter 2, Section
11 1 C 3 This section of the code allows the development of a lot within the R-1-AA zoning
district as long as. the parcel contains one whole platted lot, the lot cannot be assembled to
increase the size to a conforming size, and the lot is not less than 6750 square feet (see
Exhibit "B" - Survey)
Staff's review of city records and a field visit verified that similar variances for setback
reductions have been granted for properties within close proximity to the subject property The
Coquina Cove Subdivision was platted in 1952 with typical lot dimensions of 75 feet (wide) by
98 feet (deep) for the lots located north of Ocean Inlet Drive In contrast, other subdivisions
throughout the city that are similarly zoned have typical lot dimensions of 80 feet (wide) and 100
feet to 120 feet (deep) The shallow depths of typical lots within this subdivision when
combined with the minimum rear and front setbacks (totaling 50 feet), may limit design
flexibility
Based on this information staff has found evidence of a hardship Unlike the review of previous
similar variance applications, which were limited to the subject subdivision the comparison with
other similarly zoned subdivisions has revealed the uniqueness of the subject plat and therefore
the potential for zoning regulations to have unequal effects within similarly zoned properties.
Page 3
Buchanan
File No ZNCV 02-017
With respect to item "e", the current trend within this neighborhood, as evident by newly
constructed and redeveloped homes in the area tends to encourage similar improvements
regardless of lot constraints. The proposed variances would allow improvements that permit
"reasonable" use of the property and may contribute to increasing the value of the property to
closely match the value of the land as well as the value of other improved properties in the
neighborhood With the increasing desire for larger and more valuable homes that contain
greater features and more capable of accommodating a aging relative the term "reasonable
may be defined differently today then when the neighborhood was originally platted
Regarding the intent of the zoning regulations, and impacts on adjacent properties, staff
acknowledges that if the standard building envelope is expanded closer to property lines, the
impacts on adjacent properties can include reduced light, air flow and views This is not the
case with this request. The applicant proposes to extend the east and west portion of the
building footprint to 19 feet from the front (south) property line, leaving the central portion of the
front wall and the second story addition, to be setback approximately 25 feet. As proposed, the
six-foot encroachment would be minimal, without negatively impacting adjacent properties The
front portions of the residence extending beyond the required setback line is the minimum
adjustment necessary to 1) expand the existing one-car garage, 2) provide an additional one-
car garage, and 3) accommodate, on the first floor, a bedroom suite for the applicant's aging
mother (see Exhibit "C" - Variance requested and Floor Plan) Further, this encroachment
within the front setback will provide a rather conservative floor plan design creating lesser
impacts on the existing floor plan (maintaining low cost) and offering greater fa<;ade articulation
to accomplish certain architectural design goals
It should be noted that the necessity for the second variance (maximum lot coverage) would be
the result of the proposed front setback variance and the proposed house expansion According
to the applicant, the square footage of the existing house represents 29% lot coverage, which
would increase to 37% following the proposed addition to the residence
CONCLUSIONS/RECOMMENDATION
Staff recommends that the subject request.s for the front setback and maximum lot coverage
variances be approved 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 "D" Staff should indicate that past variance requests have been reviewed by
the City using more than the traditional criteria, or interpretations of this criteria placing greater
emphasis on economic potential and characteristics of surrounding properties This
recommendation is based upon the following
1) That special conditions exist as represented by the shallow lot depths of the subject
subdivision compared to other subdivisions similarly zoned (i e Mission Hill Chapel
Hill and Golfview Harbour),
2) That numerous similar variances have been granted to other properties within the
subject subdivision including those lots adjacent to the subject lot;
3) That the magnitude of the variance request represents the minimal variance
necessary to make reasonable use of the land, and
4) That impacts upon adjacent properties will be minimized by the design of the
structure as proposed
MRlmda
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Location Map
BUCHANAN ZNCV 02-017
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EXHIBIT "D"
CondItIOns of Approval
PrOject name Buchanan Vanance
File number ZNCV 02-017
I DEP ARTVIENTS I [NCLUDE I REJECT I
PUBLIC WORKS- General
Comments None X
PUBLIC WORKS- Traffic
Comments. None X
UTILITIES
Comments. None X
FIRE
Comments None X
POLICE
Comments. None X
ENGINEERING DIVISIO~
Comments. None X
BUILDING DIVISION
Comments None X
PARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLAN~ING AND ZO~ING
Comments None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
CondItIOns of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments
1 None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments
1 To be determined.
S:\Planning\SHARED\WP\PROJECTS\Buchanan Variance\COA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests Please place check marks
in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit
original agenda request (with back up) and one COpy of aaenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Re uest Form
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds ' 0
All back u material is attached IZI
All exhibits are attached & marked e ,Exhibit "A' IZI
r\ l...J \?--
Department Head's initials
Buchanan Variance (ZNCV 02-017)
Please do not write in the shaded area below
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S)
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason
Person contacted to pick up rejected request
by
bg 7/19/02
S. \Planning\Planning Templates\Agenda Item Cover CHECKUST form Dec 3-March 18, 2003.doc
(Date)
on
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 03-002
TO Janet PramIto
CIty Clerk
FROM Michael W RumpJ.~1f
DIrector of PlanmU-~d Zonmg
DATE January 2,2003
SUBJECT Buchanan Vanances
Lot 12, Coquma Cove (807 Ocean Inlet Dnve), Boynton Beach, FL.
Front Yard Setback and MaxImum Lot Coverage
ZNCV 02-017
Accompanymg thIS memorandum you wIll find an applIcatIOn and supportmg documentatlOn for
the above-referenced case. A check m the amount of $500 00 for the vanance to cover the reVIew
and processmg of thIS applIcation has been forwarded to the Fmance Department.
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 February 11, 2003 Commumty
Redevelopment Agency Board meetmg, and the February 18, 2003 CIty CommISSIon meetmg.
Please advertIse III the newspaper and send notice to property owners accordmgly
S\PlanningiSHAREDlWP\PROJECTS\ Buchanan Variance 02-OI7\RoadlLegal notice. doc
REQUEST FOR PUBLISHING
LEGAL l' iICES AND/OR LEGAL ADVERT .MENTS
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
ORlGINA TOR. Plannmg and Zonmg DIvIslOn
PREPARED BY MIchael Rumpf DATE PREPARED January 2.2003
BRIEF DESCRIPTION OF NOTICE OR AD Two (2) Zomng Code vanances for James
Buchanan. Coquma Cove Lot 12 to reduce front yard setback to 19 feet from the reqUIred 25 feet.
and a maXImum lot coverage of thIrtY-SeVen (37%) from the thIrty-five (35%) reqUIred for a
smgle-famlly house m a R-l-AA zomng dIStnct. CommunIty Redevelopment Agency Board
meetmg to be held on February 11. 2003. at 6.30 p.m. at the CommIssIon Chambers. CIty Hall.
100 E. Bovnton Beach Blvd.. Boynton Beach Flonda.
SPECIAL INSTRUCTIONS AND REQUIREMENTS (SIze of Headlme, Type SIze, SectlOn
Placement, Black Border, etc ) STANDARD LEGAL AD
SEND COPIES OF AD TO' All property owners (postmarked January 28.2003) wIthm 400 foot
radIUS of the sublect property. applIcant and DIrector ofPlannmg and Zonmg.
NEWSP APER(S) TO PUBLISH The Post
PUBLISHED January 28.2003
LAST DAY TO FAX TO THE PAPER BY 3 00 P.M. January 24 2003
APPROVED BY
J v/
(1) f)JU&I;l 6'dflv ~ fh/KL;euP/P
....... ~
~
(2), ~
(CIty Attorney)
I / ~/o;
(Date)
ll9~O:J
(Date)
RECEIVED BY CITY CLERK.
COMPLETED
\OTICE OF PliBLIC HEARING
NOTICE IS HEREBY GIVEN that the followmg applIcatlOn 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 provIsIons of the
zomng code of saId CIty'
Owner
J ames Buchanan
Request:
Request for relIef from the City of Boynton Beach Land Development
RegulatIOns, Chapter 2, Zonmg, SectIOn 5 C.2.a, reqUITIng a twenty-
five (25) foot front yard setback to allow a SIX (6) foot vanance,
resultmg m a 19 foot front yard setback wIthm the R-l-AA smgle
family zomng dIStnCt.
Request
Request for relIef from the CIty of Boynton Beach Land Development
RegulatIOns, Chapter 2, Zomng, SectIOn 5 C.2.a, requITIng a maXImum
lot coverage of thIrty-five percent (35%) to allow a two (2) percent
mcrease, resultmg m a thIrty-seven percent (37%) maXImum lot
coverage WIthm the R-l-AA smgle farmly zomng dIStnCt.
LocatIOn.
807 Ocean Inlet Dnve, Boynton Beach, FL.
Legal
Lot 12, Coquma Cove, accordmg to the Plat thereof on file m the
Office of the Clerk of the CIrCUIt Court m and for Palm Beach
County, Flonda, recorded m Plat Book 24, Page 14
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, FEBRUARY 11, 2003, AT 630 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.
The CIty shall furmsh appropnate aUXIlIary aIds and servIces where necessary to afford an
mdIvIdual WIth a dIsabIlIty an equal OppOrtunIty to partICIpate m and enJoy the benefits of a
servIce, program, or actiVIty conducted by the CIty Please contact PatncIa Tucker (561) 742-
6268, at least twenty-four (24) hours pnor to the program or actiVIty m order for the CIty to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH. THE POST
January 28, 2003