AGENDA DOCUMENTS
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 10 Cil'. Clerk s Oftice Meeting Dates in to Cilv Clerk's Office
0 March 19 2002 March 6, 2002 (5:00 p.m.) 0 May 21 2002 May 8, 2002 (5.00 p.m.)
0 April 2, 2002 March 20 2002 (5:00 p.m.) 0 June 4 2002 May 22,2002 (5.00 p.m.)
0 April 16,2002 April 3 2002 (5:00 p.m.) [2J June 18,2002 June 5. 2002 (5:00 p.m.)
0 May 7 2002 April 17 2002 (5.00 p.m.) 0 July 2, 2002 June 19 2002 (5:00 p.m.)
0 Admimstratl'lre 0 Development Plans
NATURE OF [2J Consent Agenda 0 New Busmess
AGENDA ITEM 0 Pubhc Hearing 0 Legal
0 Bids 0 Unfimshed Busmess
0 Announcement 0 PresentatlOn
0 City Manager s Report
RECOMMENDATION Please place thiS request on the June 18, 2002 City CommisslOn Agenda under
Consent Agenda. The Commumty Redevelopment Agency Board with a unammous vote, recommended that the subject
request be approved subject to staff comments. For further details pertammg to the request, see attached Department of
Development Memorandum No PZ 02-103
EXPLA.L~ATION
PROJECT NAME
AGENT
O\VNER.
LOCATION
DESCRIPTION
Richardson Duplex (Z.~CV 02-006)
Burl Gentry
Robert Rtchardson
Hathaway Park, Block 'E", Lot 19
Request reheffrom the City of Boynton Beach Land Development Regulations, Chapter
2, Zomng, SectlOn 6 C.3, requtrlng a minimum lot frontage of75 feet for a duplex home
wltlun the C-3 zoning district, to allow for a variance of 15 feet, and a lot frontage of 60
feet; and
Request rehef from the City of Boynton Beach Land Development Regulations, Chapter
2, Zomng, Sechon 6 C.3, requrrmg a minimum lot area of9 000 square feet for a duplex
home WIthin the C-3 zonmg distrIct, to allow for a variance of 1,800 square feet, and a lot
area of 7,200 square feet.
PROGRAM IMP ACT
FISCAL IMPACT
AL TERNA TIYES.
N/A
N/A
NiA
Develo
City Manager's Signature
-?L.t.J ~
Plannmg and Zonmg rrector City Attorney i Fmance / Human Resources
nSHRDA TA\PlanningISHARED\WP\PROJECTS\Richardson Duplex\Agenda Item Request Richardson Duplex ZNCV 02-006.dot
S.\BULLETIN\FOR..\iIS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #02-103
Staff Report
Community Redevelopment Agency Board
and
City Commission
Meeting
Date
June 11, 2002
File No
ZNCV 02-006 - Lot area and lot frontage
Location
Hathaway Park, Block "E", Lot 19
Owner"
Robert Richardson
Project:
Richardson Duplex on a parcel zoned C-3
Variance
Request:
Request for relief from Chapter 2, Zoning Section 6, C 3 requIring a minimum
lot frontage of 75 feet, to allow for a variance of 15 feet, and lot frontage of 60
feet; and requiring a minimum lot area of 9,000 square feet, to allow for a
variance of 1,800 square feet, and a lot area of 7,200 square foot for a duplex on
a parcel zoned C-3
BACKGROUND
The subject property consists of a single lot located at 306 SE 10th Avenue and is currently
zoned C-3, Community Commercial zoning district (see Exhibit "A" - location map) The land
use designation of the property is Local Retail Commercial It should be noted that C-3
regulations along with the Local Retail Commercial land use designation do not permit single-
family residences The Hathaway Park Subdivision was platted in 1925 with typical lot frontages
varying between 50 feet to 60 feet with lot area varying between 4,500 to 7,500 square feet
(see Exhibit "B" -Hathaway Park Subdivision Plat) City records show that the property was
rezoned from R-2 to C-3 in 1975, however, it was originally improved with a single-family home
Staff cannot confirm the previous zoning of the property prior to the 1975 rezoning The
applicant's intention is to use the subject property as a duplex, which is a permitted use in the
C-3 zoning district. Relief is requested from the City code to allow a single-family dwelling to be
used as duplex on a substandard lot within the C-3 zoning district (see Exhibit "C" - Survey and
Site Plan)
The following is a description of the zoning districts and land uses of surrounding properties
North Commercial property with a land use designation of Local Retail Commercial zoned
C-3
South SE' 10th Avenue right-of-way and a vacant parcel with a land use designation of
Medium density Residential, zoned R-2,
East: Single-family and duplex dwellings with a land use designation of Medium density
Residential, zoned R-2, and
West. A warehouse building with a land use designation of Local Retail Commercial, zoned
Page 2
Richardson Duplex
File No ZNCV 02-006
C-3 and farther west the FEC Railway right-of-way
Staff surveyed the area and it was observed that single-family and two-family dwellings
surround the subject property with the exception of the property abutting the north and west
property lines of the subject site
ANAL YSIS
The code states that the zoning code variance can not 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 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
Staff reviewed the requested variances focusing on the applicant's response to the above
criteria contained in Exhibit "D" Staff concurs with the applicant's response to criteria "b" above
that there exists special conditions peculiar to the subject parcel, namely lot area and frontage
Staff acknowledges that the City has likely caused the non-conformity by virtue of the previous
rezoning action, therefore satisfying criterion "b" above Furthermore, regardless of what use is
ever proposed for the subject property, within the scope of the allowable uses of the C-3 zoning
district, the subject variance would be required unless assembled with adjacent properties, as
the minimum variance needed to make possible the reasonable use of the land It should be
noted that if this site were to be converted into a commercial use, additional investment would
be necessary in order to satisfy the new code requirements applicable to commercial properties
and necessary to bring the site up current code
With respect to the other criteria "c" through "r' above staff realizes, contrary to other properties
in the same district, only the subject property had retained its residential character and
occupation since the rezoning action of 1975 Staff feels that the applicant has proven hardship
The structure is legally non-conforming by virtue of the City's rezoning action, which now limits
the applicant's use option to single-family Such option (single-family use) is inconsistent with
Page 3
Richardson Duplex
File No ZNCV 02-006
the Local Retail Commercial designation of the Comprehensive Plan However, duplex
residences are permitted within the Local Retail Commercial land use designation The need for
the subject variance is the result of the applicant's desires to use the property as a duplex. The
applicant states "the interior of the residence has been used as a duplex for over 30 years"
Staff cannot confirm this because no occupational license records exist for this property, nor
permit records for interior renovations
With respect to impacts on the area, and satisfying criterion "f' above, due to the similarity
between the proposed use (duplex), nearby single and two-family uses, and given the physical
conditions of adjacent commercial properties the impacts upon the abutting parcels, mainly to
the east, are mitigate The subject request would likely generate no negative impacts upon
adjacent properties
Staff acknowledges by re-zoning the property in 1975, the City created certain hardships and
non-conformities for owners of older platted lots The applicant, by claiming the existence of the
duplex use within the single-family structure is showing a good faith effort to rectify the non-
conforming use situation The existing structure totals approximately 1 520 square feet,
allocating 760 square feet for each unit, which is above the minimum living area required by
code The applicant is applying the requirements of a duplex dwelling (allowed in the C-3 zoning
district) to bring the property to current building and site regulations and complying with the
City's regulations with respect to allowable uses, which would be using the property and
improvements for a use, which requires the least number of land lowest magnitude of variances
and site modifications
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, staff acknowledges that the applicant has proven that
a hardship condition exits, and that the applicant is making an attempt to bring the subject
parcel and use into conformance with current regulations Furthermore, staff concludes that the
approval of this request will conform to the intent of both the City's Comprehensive Plan and the
Land Development Regulations
Therefore, staff recommends that the requested variances be approved, thereby granting a
frontage of 60 feet and a lot area of 7,200 square feet in lieu of the 75 foot frontage and 9,000
square feet minimum lot area required by code This recommendation is conditioned upon the
property being used as a duplex dwelling If this property is converted to a commercial use, the
applicant should be required to satisfy all requirements pertaining to commercial properties and
that criterion "f' is satisfied This can be monitored through the City's Occupational License and
Building Divisions application processes The applicant should be required to mitigate any
negative impacts to adjacent residential properties through proper site design and buffering
and limitations involving sound mitigation and hours of operation It should be noted that
support of the subject variance does not represent support for any work done without the
necessary permit. All improvements are subject to the permitting and inspection requirements
This condition and any other condition of approval recommended by the Community
Redevelopment Agency Board or City Commission will be placed in Exhibit "E"-Conditions of
Approval
MDA/
S:IPlanningISHAREDlWPIPROJECTSIRichardson DuplexlSTAFF REPORT lot frontage and 101 area.doc
Location Map
Richardson Duplex
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DUPLEX RESIDENCE & PARKING AREAS
LEGEND:
R/W indicates Right-of-way
P P indicates Power Pole
I R F indicates iron rod found
IRS. indicates iron rod set
--.jo- indicates not to scale
@ Number of Parking Stalls
LEGAL DESCRIPTION.
Lot 19 Block "E" Hathaway Park, A Subdivision as Recorded in Plat Book 13
page 17 in the Public Records of Palm Beach County Florida
GENTRY ENGINEERING &
LAND SURVEYING, INC
POBOX 243
DELRA Y BEACH, FLORIDA 33444
(561) 272-1924
Drawing name: C.\Gentry\Prajects\Bab-Richardson\Duplex.dwg Mar 20, 2002 - 2:57pm
@ Copyright 2002
A,.cM~
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LEGEND: R/W indicates Right-ot-way I R.S indicates iron rod set
P P indicates Power Pole ---"jL indicates not to scale
I R.F indicates iron rod found D & M indicates Deed and Measured
NOTES. 1 Unless it bears the signature and the original raised seal of a
Florida Licensed Surveyor and Mapper this sketch is for informational purposes
only and is not valid.
LEGAL DESCRIPTION.
Lot 19 Block "E" Hathaway Park, A Subdivision as Recorded In Plat Book 13
page 17 in the Public Records ot Palm Beach County Florida
CERTIFICATION.
I hereby certify this sketch as shown hereon represents a survey made under my
direction and to be true and accurate to the best of my knowledge and belief
subject to easements and right-of-wa s of record and meets the minimum technical
';:;2~::f the FI ;da Adm;,;,'mt;'e Cade.
~hS~;.y P E. . . GENTRY ENGINEERING &
Re istered Florida Surveyor
a a Mapper No 2580 LAND SURVEYING, INC
L.B No 2322 POBOX 243
Date of Survey' Nov 12, 2001 DElRA Y BEACH, FLORIDA 33444
(561) 272-1924
\
Drawing name: C.\Genlry\Projecls\8ob-Richardson\Survey.dwg
Mar 20 2002 - 3:08pm
@ Copyright 2002
Sheet 1 at 2
EXHIBIT "0"
ZONING CODE VARIANCE APPLICATION ROBERT RICHARDSON
( 306 SE 10th AVENUE )
ITEX 5 STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS OR REASONS JUSTIFING THE REQUESTED
VARIANCE
A The existing building was built more than 50 years ago, and the interior of the
residence has been used as a duplex for over 30 yrs (based on witnesses from the local
are) THE LOT IS PLATTED WITH THE FRONTAGE AND AREA AS REQUESTED FOR APPROVAL
B The requeste area and frontage and as platted in the plat of Hathaway Park
C The owner purchased the property as a duplex ( copy of sales ad attached ) and the
grand fathered rights would not be considered as a special privilege
D The property has been used as a duplex and the current code ( C-3 ) allows for a
duplex, but the owner needs the variance to continue the grand-father rights
E The granting of this variance will allow the owner to continue the grand-father rights
and use the property as advertised when he purchased it
F This variance will allow the owner to continue using the property as in the past and
improve the building to meet current building codes to protect the public
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EXHIBIT "E"
ConditIOns of Approval
PrOject name' RIchardson Duplex
File number' ZNCV 02-006
Reference
I DEPARTMENTS I INCLUDE 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 DMSION
Comments: None X
BUILDING DMSION
Comments. None X
PARKS Al~D RECREATION
Comments: None X
;
i
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1 Should the subject property be converted to a permItted commercIal use X
III the C-3 zonlllSZ diStrIct, the applicant shall be reqwred to satisfy all code
DEVELOPMEN-. ~DER OF THE CITY COMMlsSIL
CITY OF BOYNTON BEACH, FLORIDA
.JF THE A.o
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PROJECT NAME & ADDRESS Richardson Duplex
APPLICANT'S AGENT Burl Gentry
APPLICANT'S ADDRESS POBox 243 Delray Beach, FL. 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION June 18,2002
TYPE OF RELIEF SOUGHT Request for relief from Chapter 2, Zoning Section 6 C 3 requmng
1) a minimum lot frontage of 75 feet to allow for a variance of 15 feet and a lot frontage of 60 feet.
2) a minimum lot area of 9 000 square feet to allow for a variance of 1,800 square feet and a lot
area of 7,200 square feet.
LOCATION OF PROPERTY 306 S E 10th Avenue Boynton Beach FL.
JUt'j L j 2002
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 Planning and Development Board, which Board found as follows
-- .-1
OR
THIS MA TIER 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
KHAS
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 "C" with notation "Included"
4 The Applicant's application for relief is hereby
K GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5 This Order shall take effect immediately upon issuance by the City Clerk.
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6 All further development o~.. s~ be made in accordance with the terms
and conditions of this or~~ ..,~eo ~
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7 Other = '" '0 ~ 10"
DATED "-~l-Oa.. \::~~. {D Yn p~
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S \P1annlngISHAREDIWPlPROJECTSIR1cnartlson DuplexlOevelop.Ortler Fo~:rc ~
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
reqUlrements pertairung to a change Ul use/occupancy (l.e proper SIte desIgn
and buffermg mvolvmg sound mItigatIOn and hours of operatIOns shall be
reqUIred to mItIgate any Impacts on adjacent propertIes etc )
ADDITIONAL COMMUNITY REDEVELOPME~l AGENCY BOARD
CONDITIONS
Comments.
1 None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1 To be detenruned. /I ....^ ~
U I
S'IPlanningISHARED\V\<P\PROJECTS\Richardson DupleuNCV\Condition of Approval.doc