APPLICATION
~
II PROJECT NAME Buchanan Variance I
~ LOCATION. 807 Ocean Inlet Drive
-PCN 08-43-45-22-06-000-0120
I FILE NO ZNCV 03-019 llTYPE OF APPLICATION: 1
AGENT/CONTACT PERSON OWNER. same
James E. Buchanan PHONE
PHONE 561-737-7923 or 561-704-5954 FAX.
FAX. ADDRESS
ADDRESS 807 Ocean Inlet Drive 33435
Boynton Beach, FL 33435
Date of submittal/Proiected meetine: dates.
SUBMITTAL / RESUBMITTAL 9/2/03
1ST REVIEW COMMENTS DUE N/A
PUBLIC NOTICE 11/5/03
TRC MEETING N/A
\>ROJECTED RESUBMITTAL DATE N/A
ACTUAL RESUBMITTAL DATE. N/A
2ND REVIEW COMMENTS DUE N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD N/A
MEETING
COMMUNITY REDEVELOPMENT 11/20/03
AGENCY BOARD
CITY COMMISSION MEETING 12/2//03
COMMENTS
S:\Planning\SHARED\WP\PROJECTS\Buchanan Variance\ZNCV 03-019\2003 PROJECT TRACKING INFO.doc
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City Codes Accessed Via Web site
W\v\\ .boynron-beach.org
WW\\ amlegal.com/boynton _ beach_ fl. us
Has applicant attended a pre-application meeting? ~
Date ~/7)~~
SUBMITTAL DEADLINE
CITY OF BOYNTON BEACH I .-
I ~
PLANNING & ZONING DIVISION I I SEP 2 2;1;;~.
CODE VARIANCE APPLICATION l~:N ----- ----.J
SEE SCHEDULE OF DATES FOR BOARD MEETI Fit..__'._. TJ
SUBMITTAL DATES
J
Please Print (in ink) or Type
Submittal Date
The undersigned owner(s) hereby respectfully petltion(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter descnbed and in support thereof state(s)
Property involved is described as follows
Lot(s) /2..
Block
OfJD
Subdivision
Plat Book
05 .2..10
Page 0' So or otherwise described as follows
Property Address
801
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PCN Number be -1/0..... ,.5'" 2'2- .. ~ ~ -~ 00... 'D/Z,o
Variance requested including code chapter and section, existing code standards (i e
setback distance, number of required parking spaces etc ), requested standard and the
vanance (existing code standard minus requested standard)
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,f.. v +/Lf 4~U- or f1- P6'fiT .
The following documents are required to be submitted with this application to form a single package
I ncomplete package will not be accepted
1 Two sealed surveys by a registered surveyor in the State of Flonda, not over six (6) months
old, Indicating
A All property lines
B North arrow
C Existing structures and paving
o Existing elevations
E Rights-of-way, with elevations
F Easements on or adjacent to the site
G Utilities on or adjacent to the site
H Legal Description
I Number of acres to the nearest one-hundredth (1/100) of an acre
Zoning Code Variance Application
J Location sketch of property
K Surveyor's Certificate
2 Two site plans properly dimensioned and to scale showing
A. All proposed structures
B All existing structures that are to remain on site
C Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D Use of each structure (or uses within multiple occupancies)
E Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and dnveways
F Elevations of the lowest finished floor of all structures on the site
3 Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as addressed envelopes and postage (15t c1ass--stamps or
payment for required postage)
4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aQent is submittinQ the petition, a notarized copy of a letter desiQnatinQ him as
such must accompany the petition.
5 Statement of special conditions, hardships or reasons justifying the requested exception or
variance Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
~
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 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,
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 and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare
2
Zoning Code Variance Application
6
An application fee in the amount of $40000 plus postage, payable to the City of Boynton
Beach, must accompany a completed application The $40000 application fee covers a
request to vary one (1) section of the Code Seeking relief from more than one section of the
Code will require payment of $10000 for each additional Code section
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Name of applicant:
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Applicant's address So 7 () L a::L/L-) -Xn 1<-+ b P-I v-e...
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Applicant's phone #. .5 b f,-- 73 7 - 7 '12-- '3 €:0 5~ /olf'- C;-1 S t
Dale 7 /.?- /0 , Signature of APPlicanr~ ~
Representative of the project must be present at all Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
7
8
9
10
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY
All apphcations receIved by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property
owners within four hundred (400) feet of the subject property, and addressed envelopes, Applications will not be accepted without
these mailing labels.
CONTACT.P ALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone (561) 355-2881
FAX (561) 355-3881
updated 10116101
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VARIANCE APPLICATION
Buck and Susan Buchanan
807 Ocean Inlet Dnve
Boynton Beach, Flonda 33435
STATEMENT OF SPECIAL CONDITIONS
A. Special condItions and crrcumstances eXlstmg that are pecuhar to thIS
property are the SIze of the lot and ItS locatIOn on the Intracoastal Waterway
(ICW)
ThIS lot IS on the north side of Ocean Inlet Dove 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 thIS lot were as deep as those on the south sIde, a
varIance would not be needed for the contemplated expanSIOn of thIS home
Further, this property IS located drrectly on the ICW and has a wIde water VIew to
the Boynton Inlet wIth no houses to obstruct that VIew The propertIes on the
south sIde are located on a canal which IS not as desrrable but can accommodate a
larger house because of the greater depth of the lot. The ongmal developer erred
m not sIzmg the lots such that the more deSIrable lots on the ICW could
accommodate as large or larger homes as those on the canal.
B. The special condItions and crrcumstances discussed above are not the
result of the actIOns of the apphcants smce
. the lot SIZe IS the same as It was ongmally platted
. the home was built by others m 1959, and
. the apphcants dId not purchase the home until 1987
C. Grantmg the vanance will not confer a special pnvilege on the apphcants
because It will allow the creatIOn of a structure consIstent WIth new and
remodeled homes m the neIghborhood, some of whIch have obtamed vanances
or were ongmally constructed WIth less of a setback.
In fact, the adjacent property to the east was constructed wlthm the past year With
a rear vanance 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
Currently the edge of the screened porch IS 22feet and the two-foot overhang of
the roof 20 feet from the rear property Ime, well wIthm the 15 feet m the ongmal
deed restnctIon but now non-complymg
The vanance bemg requested IS to allow for an addItIonal two feet mto the
current setback for overhangs
D. LIteral mterpretatIon would depnve the applIcants of nghts commonly
enjoyed by other propertIes m the neIghborhood and would cause undue
hardshIp for the followmg reason.
The pnmary Impetus for the remodelmg project IS to prepare to
accommodate an agmg mother GIven the desIgn of the house and the
lot SIze, the only way to accomplIsh thIS IS to add a second story
F or reasons of aesthetIcs, functIOn, and value, the current screened porch will
have a second story porch above It whIch 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 IS necessary to extend thIS second story porch an addItIonal two feet
beyond the current roof overhang thus proVldmg a four-foot overhang to shelter
the screened porch.
ThIS two-foot projectIon beyond the current roof overhang results m a varIance of
seven feet and a setback of 18 feet.
Denymg the vanance would negatIvely affect the utilIty, value, and overall
aesthetICS of thIS remodelmg proJect.
E. The 7-foot vanance (two feet beyond the current structure) IS the mIllimum
needed to shelter the screened porch, an mtegral element m the open-arr, flow-
through deSIgn of the proJect.
The mtrusIOn mto the setback IS mlllimal smce It affects only overhangs and does
not affect the footpnnt of the reSIdence
F The vanance requested IS not mJUflOUS 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 w1l1 be unaffected because m both
cases theIr garages face thIS property, and they have no wmdows facmg thIS
property Further, dense vegetatiOn separates the propertIes
The new structure will be more attractive and ImpreSSIve than the current
structure and will add value and beauty to the neIghborhood. It will take
advantage of the natural enVIronment and breezes, have a Flonda style WIth a
large amount of outdoor hvmg space, be hannomous WIth the envIronment, and
be one of the most beautIfully deSIgned and landscaped resIdences m thIS
emergmg neIghborhood.
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