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CORRESPONDENCE , ' .. , ,. DEPk,{TMENT OF DEVELOPMt;;NT Memorandum DD 01-021 '1. TO' FROM' DATE: RE, CC Kurt Bressner, City Manager Nancy Byrne, Assistant Director of DevelopmentJ(~' May 29, 2001 NOTICE OF PUBLIC HEARING - 937 S W 34TH COURT j Michael Rumpf, Planning & Zoning Director In the attached letter dated May 11, 2001, referring to "misleading and incorrect" statements in the notice of public hearing for the property located at 937 S W 34th Court, please be advised that public notice information is drawn from the application filed with Planning & Zoning. The applicant used the word "cabana" in describing the type of structure the variance would apply to Despite what the application refers to, staff evaluated the information provided, and construed it as a structure without special provisions accommodating same, defined within Chapter 2, sec.4.J therefore requiring compliance with the full standard setbacks. In this instance, the applicant also attended a pre-application meeting with staff, where the variance request was discussed at length. The applicants' intent, both within the context of that meeting and on the subsequent variance request, dealt with the existing structure which is connected to the tennis courts via brick walkway, on the rear portion of the driveway The use of the term "near" on the notice of public hearing refers to the general proximity to the tennis court through the walkway ~ The applicant stated explicitly to staff during the pre-application meeting, that this structure was used to provide a covered area for events occurring on or related to the tennis courts. The applicant admitted housing two vehicles under the cabana for a temporary period while renovations were enacted on the garage space. Staff acknowledges in the report prepared for the variance request, that due to its location, it would be difficult to monitor the use of the structure. Accompanying documentation illustrates the site layout and location of the structure to the tennis courts. The staff report leans toward denial of the variance due to lack of proof of hardship, which was the consensus of the Planning & Development Board as well. This action will be forwarded to Commission on the June 5 agenda with a recommendation of denial. Crl'~'.IAIN'USE,~S,SYR.'~Er,,"r',~E;,.IORAf'JOU~.IS'2?=::s 'jE? :"ITi S'" 3.1-.... C- CADA,',iA.C'CC a) Q) ... C)::J l'Cl- ... U l'Cl ::J C)J:: "C Ul s::: 0 ,- - .c: Ul Q)t:: .Q::J "CO Q) U - Ul l'Cl ,- U s::: o s::: -Q) Ul- ~~ - .- l'Cl- a.U ~ Q) _ s::: ~ 8 .'1. MAY I L---- \ "'r"'-' I " '---'-.-' II -1 GYYI'Y\ vel ~f\,\ cIA- " ;"--- IlEPARTMEHT OF IlEVELOPMENI' May 11, 2001 - ,-------' A_ 17 In, f: ,I _. _ etaV- ~c' m I ~ , h,V) L:D:')] r\cv) +' Box 310 J ib ~} 1\0\0\ Cl .--, """'" ::;-< -~o Building Department City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach Blvd. P.O. Boynton Beach, FL 33425-0310 ~ -< C> &'" 2: -; ~~ ~,Cr.:l -1"1 "J> i""T'1~ - To Whom It May Concern: U1 (.oJ The Notice of Public Hearing that you submitted for JANET BOYCE, located at 937 S,W. 34th Court is both misleading and incorrect as indicated below. 1. The relief from Chapter 2, Section S.B.2.a, is incoTrectly defined. According to the dictionary, a CABANA IS A SHELTER ON THE BEACH OR AT A SWIMMING POOL USED AS A BATH HOUSE. This structure appears to be a carport, and since a carport is a building used as a shelter for automobiles, and since vehicles are housed under this roof, your definition is certainly incorrect. . 2. Upon obvervation, while passing by, it was observed that the location of this structure was not near the tennis court but at the end of the driveway, between the main house and a garage which appears to have several openings to house vehicles. The tennis court is behind this garage, not located as stated in your Notice. It is felt that information provided to the residents of Boynton Beach should have accurate and not misleading information, as it is stated in this case. It is firmly believed that this matter should be further reviewed before a decision is reached. 6/\\:.\01 cc: Mayor Gerald Borening \JCYrCT ~ ' "\r-.':> ~~ ~ ~~,~' Thank you. ~ N -'CE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for'a hearing as indicated, under and purouant to the provisions of the zoning code of said City. Owner' lanet Boyce Request: Relief from Chapter 2, Section 5.B.2.3o for a cabana to be completed near the tennis court allowing for a 19 foot variance from the 25 foot rear yard setback required in the R-l.AAB zoning district resulting in a 6 foot rear yard setback. Location: 937 SW 34. Court LOT 4 & 5, BLOCK 2, LAKE EDEN SUBDMSION PLAT NO, 2, ACCORDING TO THE PLAT THEREOF AS RECORDED rN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT 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, MAY 22, 2001, AT 7:00 P.M. Legal: -. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bued. CITY OF BOYNTON BEACH 'LANNING AND ZIlNING DIVISION ~..561) 742-6260 PUBLISH: THE POST May 07, 2001 May-IS-Ol 22:46 FUZtO_N-Wireless Com 01 P.Ol '~. R \\5 r~- W ~,\n1.J, \nr'" !,. \..1 ~.\ , MIW \ 6 ll..,ll May 16.200] MI. Jose AJfuro Planner City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425.0310 Dear Mr. Alfuro, This letter will serve to confirm that the proposed u~age for the cabana is that of pleasure and a sitting area associated with our tennis court. While on occasion there have been cars parked there this was do to {he construction on our tennis court. the painting of our driveway and certain repairs to my garages. ,-=-7-~f_1r,i;f>- Janet H. Boyce Janet H. Boyce 937 S.W 34th Court Boynton Beach, Florida 33435 TO WHOM IT MAY CONCERN The purpose of my request for a variance for the placement of my cabana is do to the limited space on my property Enclosed you will find signatures from my neighbors who do not object to the proposed cabana. I have also enclosed my check in the amount of $400.00, which I understand is required to begin the process. Should you have any further questions I can be reached at the following numbers: Office # 561 995-8480 Home # 561 733-9675 Reg ds, d LF TO' Planning Board Boynton Beach, Florida FROM. Janet H. Boyce 937 S.W 34th Court Boynton Beach, Florida 33435 Re: Application for Cabana on above-mentioned property To my neighbors, This letter will serve to request your signature on this document to allow the construction ofa cabana on my property at 937 S.W 34th Court. It is to be situated at the end of my driveway made up of wood construction, which will then be stuccoed, and a tile roof. It will match the color and rooftile on both the main house and the detached garage. The floor will be made up with pavers matching the existing pathway nearby 4. Also, please z. ;- s. May 11, 2001 Building Department City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach Blvd. P.O, Box 310 Boynton Beach, FL 33425-0310 To Whom It May Concern: The Notice of Public Hearing that you submitted for JANET BOYCE, located at 937 S.W. 34th Court is both misleading and incorrect as indicated below. 1, The relief from Chapter 2, Section 5,B.2.a, is incorrectly defined. According to the dictionary, a CABANA IS A SHELTER ON THE BEACH OR AT A SWIMMING POOL USED AS A BATH HOUSE, This structure appears to be a carport, and since a carport is a building used as a shelter for automobiles, and since vehicles are housed under this roof, your definition is certainly incorrect. 2. Upon obvervation, while passing by, it was observed that the location of this structure was not near the tennis court but at the end of the driveway, between the main house and a garage which appears to have several openings to house vehicles. The tennis court is behind this garage, not located as stated in your Notice. It is felt that information provided to the residents of Boynton Beach should have accurate and not misleading information, as it is stated in this case It is firmly believed that this matter should be further reviewed before a decision is reached, Thank you. cc: Mayor Gerald Borening NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for'a hearing as indicated, under and pursuant to the provisions of the zoning code of said City. Owner Janet Boyce Request: Relief from Chapter 2, Section 5,B.2.a, for a cabana to be completed near the tennis court allowing for a 19 foot variance from the 25 foot rear yard setback required in the R-l-AAB zoning district resulting in a 6 foot rear yard setback, Location: 937 SW 34lll Court Legal: LOT 4 & 5, BLOCK 2, LAKE EDEN SUBDIVISION PLAT NO 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD" BOYNTON B.EACH, FLORIDA, ON TUESDAY, MAY 22, 2001, AT 7:00 P.M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH. THE POST May 07, 2001