CORRESPONDENCE
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DEPk,{TMENT OF DEVELOPMt;;NT
Memorandum
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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.
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May 11, 2001
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Building Department
City of Boynton Beach
Planning and Zoning Department
100 East Boynton Beach Blvd. P.O.
Boynton Beach, FL 33425-0310
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To Whom It May Concern:
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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
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Thank you.
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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
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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.
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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