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AGENDA DOCUMENTS 7?/ \~~ ~.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December 2, 2003 November 17 2003 (Noon.) 0 February 3 2004 January 19 2004 (Noon) 0 December 16, 2003 December 1 2003 (Noon) 0 February 17 2004 February 2, 2004 (Noon) D January 6, 2004 December 15, 2003 (Noon) D March 2, 2004 February 16, 2004 (Noon) D January 20, 2004 January 5, 2004 (Noon) D March 16, 2004 March I 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda D Public Hearing 0 Code compliance/Legal Settlements 0 UnfInIShed Business RECOMMENDATION Please place this request on the December 2,2003 City Commission Agenda under Consent Agenda, The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-265 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Buchanan Variance (ZNCV 03-019) James E. Buchanan James E. Buchanan 807 Ocean Inlet Drive 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 rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback within the R-l-AA single family-zoning district. PROGRAM IMPACT: FISCAL IMP ACT ALTERNATIVES: CIty Manager's Signature ~ . ~ I'INe /' Planning and Zoning ~ector CIty Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Buchanan Variance\ZNCV 03-019\Agenda Item Request Buchanan Var ZNCV 03-01912 2-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-265 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date. November 20, 2003 File No. ZNCV 03-019 Location 807 Ocean Inlet Drive (Lot 12 Coquina Cove) Owner. James Buchanan Project: Rear setback variance for an addition to an existing single-family dwelling Variance Request: 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 rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback 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. Some of the parcels on the north side, including the subject property, have rear yards with open views to the Intracoastal Waterway Staff surveyed the area and it was observed that all properties along both sides of Ocean Inlet Drive appear to comply with the minimum front setback requirement of 25 feet, as estimated by the straight alignment of the front building lines with few exceptions. A nine (9) foot variance was granted on October 10,2000 to allow a 16- foot rear setback for Lot #13 to the east. The subject variance is requested in conjunction with a plan to expand the existing single-family home with a second story including an additional one-car garage. It should be noted that previous variances for a front yard setback reduction and the maximum lot coverage were granted for the subject property in February 2003 (ZNCV 02-017) The requested setback variance is only for a rear balcony overhanging on the second floor of the proposed addition to the house This planned expansion is consistent with new construction and redevelopment projects observed in the subject neighborhood ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following' Page 2 Buchanan File No ZNCV 03-019 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 granting 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.) 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 6,750 square feet (see Exhibit "B" - Survey). 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 required minimum rear and front setbacks (totaling 50 feet), may limit expansion design flexibility Given that the subject property has been improved with a single-family home, and occupied since 1955, and since most other lots along the north side of Ocean Inlet Drive have identical dimensions to the subject lot, criteria items "a", "d" and "e" are not met. Furthermore, since the property is currently improved, and that the Itecessity of the val iallct:: hC:l:S bt::t::1I {,;C:Iu:st::d by lht:: proposed home expansion, condition "b" above is also not satisfied Regarding the intent of the zoning regulations, and impacts on adjacent properties, staff acknowledges that if the rear setback is reduced, the standard building envelope could be expanded closer to the north property line, thereby theoretically impacting on adjacent properties through reduced light, air flow, and views. The applicant proposes to extend the balcony portion of the second story addition to 18 feet from the rear (north) property line (see Exhibit lie" - Variance requested), which is an additional 4 feet beyond the applicant's existing Page 3 Buchanan File No. ZNCV 03-019 screen room and only 2 feet beyond the overhang/eave of the screen room. It should be noted that the existing rear setback (20 feet) of the subject property is non-conforming CONCLUSIONS/RECOMMENDATION Staff recommends that the subject request for rear variance be denied, due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements on a standard platted lot. No conditions of approval are recommended, however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit liE" 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 the magnitude of the proposed improvement, economic potential and characteristics of surrounding properties. For this reason, and to indicate the consequence of denial, staff offers the following information for consideration. 1 The redevelopment potential of this neighborhood, as evidenced by newly constructed and redeveloped homes in the area, tends to encourage similar improvements regardless of lot constraints; 2. Although the proposed variance would allow relatively minimal improvements, it would allow the value of the improvements to more closely match the value of the land as well as the value of other improvements in the neighborhood; 3 The proposed variance would allow physical improvements that are needed to accomplish certain architectural design goals related to the second-story addition, without negatively impacting adjacent or nearby properties (the rear setback variance would allow the home to simply encroach toward the Intracoastal Waterway, and that additional 2 foot encroachment is an open-air balcony); 4 No objection from adjacent property owners has been received by staff; and 5 As noted earlier, the lot to the east was granted a nine (9)- foot variance for the rear setback to allow a 16 foot rear yard in October of 2000; 6 Rear setbacks regulations are being evaluated as part of the Land Development Regulations rewrite, and preliminarily, the subject circumstance would be one that staff desires to have accommodated by future amendments. 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I I - EXHIBIT "0" VARIANCE APPLICATION Buck and Susan Buchanan 807 Ocean Inlet Drive Boynton Beach, Florida 33435 STATEMENT OF SPECIAL CONDmONS A. Spectal conmllons and ClI'Cumstances eXlStmg that are pecuhar to this property are the SIZe of the lot and Its location on the Intracoastal WatelWay (ICW) Thts lot IS on the north Side of Ocean Inlet Dnve and IS 75 feet wide but only 98 feet deep The lots on the south Side of Ocean Inlet Dnve are also 75 feet WIde but are 112 feet deep If tlns lot were as deep as those on the south Side, a ~ance~~~oon~~~co~~~~~~m~oo~ Further, tins property IS located dJrectly on the JCWand has a wide water View to the Boynton Met WIth no houses to obstruct that View The propertles on the south side are located on a canal wmch is not as desrrable but can accommodate a larger house because of the greater depth of the lot. The ongma! developer erred in not sIZing the lots such that the more desirable lots on the JCW could accommodate as large or larger homes as those on the canal. B. The specIal condtllons and Ctrcumstances dtscussed above are not the result of the actlons of the apphcants SInce . the lot SIZe IS the same as It was ongjnal1y platted . the home was built by others in 1959, and . the applIcants dtd not purchase the home until 1987 C. Grantmg the vanance will not confer a specml pnvil~ge on the apphcants because It will allow the creation of a structure consIStent WIth new and remodeled homes m the neighborh~ some ofwlnch have obtained vanances or were ongJn~l1y constructed WIth less of a setback. In fact, the adjacent property to the east was constructed WIthIn the past year wtth a rear variance of 9 feet and a front vanance of 5 feet for a two story structure The vanance requested here IS for a rear vanance that will only affect overhangs and not affect the footpnnt of the reSidence EXHIBIT "0" Currently the edge of the screened porch IS 22feet and the two-foot overhang of the roof20 feet from the rear property line, well within the 15 feet m the origmal deed restnctIon but now non-complymg. The vanance bemg requested IS to allow for an addIttonal two feet mtothe clUTent setback for overhangs. D. Literal mterpretatlon would depnve the apphcants of nghts commonly enjoyed by other propertIes m the neighborhood and would cause undue hardship for the followmg reason. The pnmary unpetus for the remodeling project 18 to prepare to accommodate an agmg mother Given the design of the house and the lot SIZe, the only way to accomphsh tins 18 to add a second story For reasons of aesthetics, function, and value, the current screened porch will have a second story porch above It whtch will serve as the roof for the screened porch. In order to better protect the screened porch from the severe weather from the north, It 18 necessary to extend thts second story porch an addItional two feet beyond the current roof overhang thus provl(hng a four-foot overhang to shelter the screened porch. This two-foot proJectlon beyond the current roof overhang results m a vanance of seven feet and a setback of 18 feet. Denymg the vanance would negatIvely affect the utility, value, and overall aesthetIcs of tins remodelmg project. E. The 7-foot vanance (two feet beyond the current structure) IS the mmnnum needed to shelter the screened porch, an integral element m the open-atr, flow- through deSign of the project. The mtn1Smn mto the setback IS m1nlmal smce It affects only overhangs and does not affect the footpnnt of the residence EXHIBIT "0" F. The vanance requested IS not mJunous to the area mvolved or detnmental to the pubhc welfare. In fact, it would have a posItIve effect. The adjacent neIghbors to the east and west will be unaffected because m both cases thetr garages face thts property~ and they have no wmdows facmg this property Further~ dense vegetatIon separates the properties. The new structure will be more attractIve and unpresslve than the current structure and will add value and beauty to the neighborhood. It will take advantage of the natural enVlfonment and bree?es~ have a Flonda style WIth a large amount of outdoor hvmg space~ be harmonious WIth the environment ~ and be one of the most beautIfully deSIgned and landscaped reSIdences m thts emerging neIghborhood. EXHIBIT "E" CondItIons of Approval Project name: Buchanan Variance File number' ZNCV 03-019 Reference' DEPARTMENTS INCLUDE REJECT 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 DIVISION Comments. None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments, None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING 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\ZNCV 03-0 19\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 CODY of aaenda reauest (with back UD) 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. Requested City Commission Meeting Dates December 2 2003 December 16 2003 Janua 6 2004 Janua 20 2004 Februa 3 2004 Februa 17 2004 March 2 2004 March 16 2004 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office -P&D - eRA Departments are responsible for securing the following si natures on attached A enda Ruest Form De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. Exhibit "A' Department Head's initials: ~ Buchanan Variance (ZNCV 03-019) Please do not write in the shaded area below legatOepartmentSignature 0 :trEM{~~~NED FOR l:HEfOLLOWINGREA$ON($). ,., $l9":E}(s,'mis$lhgD :(~q;,:~~~~~p.rd,1ttaJD :MisjeCl-tJeaaline. :0 otner 0 Reason City .Manager's signature o . : ~-. PersOn:contad:~topiCkUp rejected request . by, . bg - 7/19/02 S. \Planning\Planning Templates\Agenda Item Cover Checklist Dee 2 March 16,doc on .(Qa~).