REVIEW COMMENTS
6.A.l
BOYCE VARIANCE
ZONING CODE VARIANCE
LlEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-086
Staff Report for
Planning and Development Board
and
City Commission
Meeting
Date:
May 22, 2001
File No:
ZNCV 01-007 Rear setback from property line
Location:
937 Sw 34th Court (Lots #4 & 5, Block 2, Lake Eden Subdivision)
Owner"
Janet Boyce
Project:
Tennis court cabana addition to a single-family house zoned R-1-AAB
Request:
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5,B.2.a., to allow a 19 foot reduction from the minimum of
twenty five (25) foot rear setback resulting in a 6 feet rear yard setback,
BACKGROUND
The subject property and neighborhood are currently zoned R-1-AAB, single-family residential. The
existing single-family home was built in 1972 on lot 4 of the Lake Eden Subdivision. The current owner
acquired the property in 1998, and, in the following month, assembled it together with the adjacent
vacant lot 5 to the east under a unity of title (see Exhibit "A" - location map). City records show that the
property was the subject of several improvements and additions during the years of 1999 and 2000,
resulting in an upscale home that includes a swimming pool and a tennis court, among other features.
One new feature is an open, wood framed-structure with solid roof, located at six (6) feet from the rear
property line. The cabana, as explained in the application, is to be used as a break area for those
persons using the tennis court (see Exhibit "B" - Survey),
The construction of the desired improvement (tennis court cabana) was started without securing the
corresponding permits for the work, and consequently, the project was cited and construction halted. In
response to the citation, the applicant has requested relief from the above-referenced code
requirements to allow for the permitting of the project as it encroaches into the required setbacks. The
location of the cabana within the rear setback requires the subject variance.
Staff surveyed the area and it was noted that a car was parked beneath the partially built structure. Also,
staff received a letter from an unidentified neighbor of the subject property noting the same finding. Staff
received a letter from the applicant confirming the use of the cabana associated with the tennis court. A
letter of support signed by five (5) nearby residents has been received by staff, including the adjacent
owner (to the north) and the property owner residing directly across the street (see Exhibit "A" -location
map).
Page 2
File No. ZNCV 01-007
ANALYSIS
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.
The analysis of this request is focused on criteria "a': "b': "c and "d" above, and contained in Exhibit "C"
Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is
established by characteristics other than those created by the landowner, or previous owner(s)by various
site improvements or alterations. The emphasis of criteria "a", "b" and "c", in order to justify a hardship,
is on natural or unique limitations relative to other properties within the neighborhood. The variance
should make more equitable the regulations when applied to the various properties within the area.
Alternatively stated, in order to meet criterion "c", one should assume that the same structure proposed
similarly on an adjacent property could be constructed without a variance. Although on the adjacent
property the same location would only be subject to a side setback rather than a rear setback, the side
setback would still preclude a structure from being placed within 6 feet from the side property line.
Surely the subject request has been initiated by the actions of the applicant, which include the
construction of a wood-framed cabana structure within the setback, rather than being a direct result of
property characteristics.
With respect to criterion "e", traditionally, variances are intended to prevent the total denial of reasonable
use of a piece of property If this were applicable to the subject case, then denial of the ability to build
the tennis cabana would be construed as a denial of the reasonable use of the property Staff does not
concur with this position, but rather believes that the other existing improvements on the property, to
include the home, two car garage, swimming pool, and tennis court represent "reasonable use" of a
parcel zoned for single family homes. Furthermore, it should be noted that the granting of this variance
would also be an acknowledgement that there exists no flexibility in either the structure size or location.
However, although the site is generally built-out, there still exists space for both an alternative location
and design that would require less of a variance or no variance at all. Although not in ideal proximity to
the house, garage and tennis court, alternative locations could include to the west of the court or south
of the garage, both of which are closer to the tennis court. However, the alternative locations may not
allow the structure to simultaneously serve as a carport. Staff makes this statement due to the
Page 3
File No. ZNCV 01-007
acknowledged difficulty in monitoring its use and preventing it from being used for anything other than a
cabana,
Variances have also been traditionally granted if they pass the "neighborhood test", or are determined to
have no impact on the neighborhood or negative effect on the public. The subject request likely satisfies
this criterion given that 1) the unpermitted structure would be separated from the adjacent property by a
perimeter hedge that is approximately 8 feet high and blocks views to all but the narrowing point of the
structure's hip roof; 2) the quality of the improvement which will proportionally match the value and
appearance of the other existing structures on the property; and 3) the variance is supported by five (5)
nearby residents including the property owner immediately opposite the subject structure. Furthermore,
it should be noted that placement of the structure to the rear of the property presents it as nearly
unnoticeable (as a non-conforming structure) from the adjacent right-of-way
It should also be noted that City records show that a total of seven (7) properties within the Lake Eden
Subdivision have been the sites of approved variances since 1971 These variances have relieved
various code requirements including three (3) of them for rear setbacks, three (3) for front setbacks, and
two (2) for side setbacks (excluding variances related to fences). From the log of variances kept by the
city, built characteristics, and the configurations of those subject lots (odd-shaped lots on cul-de-sacs),
staff concludes that most of these variances were for the respective principle structures rather than for
ancillary improvements, It is noteworthy that one of the side setback variances, approved in 1985, was
for the subject property; however, the survey does not reflect deficient setbacks for the principal
structure so staff could not confirm the focus of relief (see Exhibit "A" -location map).
RECOMMENDATION
Based on the analysis contained herein, which indicates the lack of hardship and the meeting of only
one variance test (lack of negative impact on public), staff recommends that the subject request to allow
a nineteen (19) foot reduction from the twenty-five (25) foot rear setback required by code, be denied,
It should be stated that this analysis was not influenced by the current existence of the improvement, nor
does it support or justify construction of any improvement without a permit, or exempt the property owner
from any penalty applicable to construction activity conducted without proper permits,
However, the following points should be considered should the City Commission choose to approve the
subject request:
1- An eight foot or greater hedge surrounds the property minimizing visual exposure;
2- The structure location close to the rear property line, and the lack of enclosure, will keep it from
being the focal point of visual attraction;
3. The matching of architectural features and quality to existing improvements; and
4- The support of adjacent property owners.
MR/JA
Attachments
S:\Planning\SHARED\WP\PROJECTSlJanel Boyce Variance\ZON-VAR STAFF REP setback.doc
LOCA liON MAP
Janet Boyce Property
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EXHIBIT "e"
5, Statement of special conditions, hardships or reasons justifYing the requested
exception or variance.
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;
Because of the situation of the tennis court on lot 4 of our property it
is much more convenient to have a cabana placed closer to the tennis
court than to the main house.
B. That the special conditions and circwnstances do not result from the
actions of the applicant;
No special conditions or circumstances result from our actions. No
neighbors are inconvenienced or have to look at at eye store. On
the contrary only 3 neighbors would be able to see the structure on
a regular basis.
C. That granting the variance requested will not confer on the applicant
special privlege that is denied by this Ordinance to other lands,
buildings or structures in the same zoning district;
I believe that the granting of this variance will not confer any special
treatment to me. It will be an added desirable feature to the property
D That literal interpretation of the provisions of this chapter would
deprive the applicant of rights co=only 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;
1 feel that because of the situation of the tennis court that this is an
reasonable request, considering the alternative would be to tear up
the entire tennis court and reconfirgure everything. Much too damaging
to the present landscaping and needless to say very expensive.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
Yes, I believe the variance is making the best possible use of the land
and it will blend in with the other structures as it will match exactly the
separate garage and house. (Same tile roofand stucco finish and coloL)
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 areas involved or otherwise detrimental to the public
welfure.
As I mentioned in the above answer the cabana will blend in perfectly,
and will not in any way be injurious to any nearby plants, wires, etc.
the floor will be made from pavers which will match the nearby
sidewallc.between the house and the garage.
EXHIBIT "D"
Conditions of Approval
Project name: Janet Boyce
File number ZNCV -01-007 (rear yard setback)
Reference: Zonin" Code Variance Annlication dated March 28 2001.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DNISION
Comments: None
BUILDING DNISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1 To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
S:\PLANNING\SHARED\WP\PROJECTS\JANET BOYCE VARIANCE\COND. OF APPR P&D REAR SETBACK.DOC
DEVELOPME~- ORDER OF THE CITY eOMMIS~~N OF THE
el" OF BOYNTON BEACH, FLORIDA
PROJECT NAME. JANET BOYCE VARIANCE
APPLICANT'S AGENT Janet Boyce
APPLICANT'S ADDRESS: 937 SW 34th Court
DATE OF CITY COMMISSION PUBLIC HEARING: June 5, 2001
TYPE OF RELIEF SOUGHT Rear yard setback from property line
LOCATION OF PROPERTY 937 SW 34th Court
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
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:
OR
THIS MATTER 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
HAS
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 "D" with notation "Included"
4 The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order
7 Other
DATED'
S:\PLANNING\sHAREDIWP\PROJECTS\JANET BOYCE VARIANCEIDEVELOPMENT ORDER REAR SETBACK.DOC
Palm Beach County Property Arnraiser Property Search System
Page 1 of2
.
Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLlTS, CFA
Owner Information
I Owner Name
IBOYCE JANET H
II Situs Address
11937 SW 34TH CT
II Parcel Control Number
1108-43-46-05-04-002-00"'(~..;_,.
Confirmation Information
Subdivision: ILAKE EDEN SUB PL 21N II Book:1110598II page:IE] D~~~~II.-19981
Mailing 1937 SW 34TH CT IB LAKE EDEN PL NO 2, LTS 4 & 5
Address: BLK 2 & WL Y 14,58 PT OF NL Y
I I 25.22'PT OF TRGLR SHAPED PAR
E-4 CNL R1W L YG EL Y OF & ADJ
IBOYNTON BEACH FL 33435 8509 1 ITO LT 5 I
2000 Certified Appraisal
1 Improvement value:1I $189,49911 Number of units:1I
I Land value:1I $152,00011 Total Sq, Ft:11
I Market value:11 $341,49911 Acres:11
I Use Code:11 0100 II Description:IIS1NGLE FAMILY
11[1_1
4,841111elCtril F.a1ur~.~.,' aJj
781
II Petition No:IIOOOOOO
2000 Certified Tax
2000 Assessed & Taxable values
Ad valorem:11
Non ad valorem:1I
Total:11
$8,313.6311
$105.0011
$8,418.6311
Assessed value:11
Exemption amount:1I
Taxabte:1I
$341,499.0011
$01
$341,499.001
I Mote.
2000 Exemption
1 DescriPtion:11
I Exemption Holder:11
II cOde:IDI
II Percentage:1
1 Mdie;..' SJ
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http://www.co.palm-beach.fl.us/papa/detaiUnfo.asp?p _ entity=08434605040020040
05/14/2001
---------.....I_._.,__."_____~-
-Palm Beach County Property Ar-nraiser Property Search System
Page 2 of2
Sales Information
I Sales Date II Book II I'llge II Price IIInstrument IIOwner I
I AUg-19981~BI $82 5001lw ARRANTY IIBOYCE JANET H I
' DEED
I Dec-1980 II 03420 181 $210 Ooollw ARRANTY II I
' DEED
.
rn
Please send comments to : propapP@c(J.palm-beach.fl.us>
Copyright @ 2000 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.fl.us/papaJdetail_info.asp?p _ entity=08434605040020040
05/1412001
EXHIBIT "G"
5 Statement of special conditions, hardships or reasons justifying the requested
exception or variance.
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;
Because of the situation ofthe tennis court on lot 4 of our property it
is much more convenient to have a cabana placed closer to the tennis
court than to the main house.
B. That the special conditions and circumstances do not result from the
actions of the applicant;
No special conditions or circumstances result from our actions. No
neighbors are inconvenienced or have to look at at eye store. On
the contrary only 3 neighbors would be able to see the structure on
a regular basis.
C. That granting the variance requested will not confer on the applicant
special privlege that is denied by this Ordinance to other lands,
buildings or structures in the same zoning district;
I believe that the granting of this variance will not confer any special
treatment to me. It will be an added desirable feature to the property
D That literal interpretation of the provisions of this chapter would
deprive the applicant of rights co=only 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;
1 feel that because of the situation of the tennis court that this is an
reasonable request, considering the alternative would be to tear up
the entire tennis court and reconfirgure everything. Much too damaging
to the present landscaping and needless to say very expensive.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
Yes, I believe the variance is making the best possible use ofthe land
and it will blend in with the other structures as it will match exactly the
separate garage and house. (Same tile roofand stucco finish and COlOL)
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 areas involved or otherwise detrimental to the public
welfare.
As I mentioned in the above answer the cabana will blend in perfectly,
and will not in any way be injurious to any nearby plants, wires, etc.
the floor will be made from pavers which will match the nearby ~
sidewalk between the house and the garage.
V Lor J/
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Palm Beach County Property A wraiser Property Search System
Page I of 1
Palm Beach County Property Appraiser
Public Access System
GARY R, NIKOLITS, CFA
.
Owner Information
I Owner Name
IBOYCE JANET H
II Situs Address
11937 SW 34TH CT
II Parcel Control Number
1108-43-46-05 -04-002-0040
II II Desc:110130 IlsFR WATER I I Unit Value:1I $100,000.001
IZoning:lllAAB I
I Front:1I .0011 Depth:1I 107001
I Units:11 1.0011 Type:IIU II Land Value:1I $152,0001
Detailed Land Information
DBEJIVACANT I I Unit value:1I $45,000001
2 Desc: 0000 RESIDENTIAL
IZoning:111 AAB I
I Front:1I 0011 Depth:1I 001
I Units:1I 1 0011 Type:IIU II Land Value: II $152,0001
Detailed Land Information
-
.
rn
Please send comments to : propapp@co.palm-beach,(l.us>
Copyright @ 1997 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.fl.us/papa/land _ detai1.asp?entity _id=08434605040020040
05/14/2001
Palm Beach County Property A""raiser Property Search System
Page 1 of I
~II~~
--
Palm Beach County Property Appraiser
Public Access System
GARY R, NIKOLITS, CFA
Owner Information
I Owner Name
IBOYCE JANET H
II Situs Address
11937 SW 34TH CT
II Parcel Control Number
1108-43-46-05-04-002-0040
Extra Features
I Description II Units II Price II Value I
ITENNlS COURTS - ASPHALT II 7,20011 $10011 $7,200.001
IpOOL - IN-GROUND II 9611 $46.0011 $4,416.001
Ipatio II 83411 $1.5511 $1,293.001
IScreen Enclosure II 2,20811 $10011 $2,208.001
IPatio II 82411 $1.3011 $1,071 001
IBOAT DOCK WOOD II 57411 $3.5011 $2,009 001
IFacing II 42411 $2.1011 $890.001
IBoathouse II 57411 $40011 $2,296.001
The unit may represent the perimeter, square footage, linear footage, total number
or other measurement of the feature, depending on the feature described.
..[1]
Please send comments to propapp@Co,palm-bea,ch,f[,us>
Copvright @ 1997 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.fl.us/papa/extra _ detail.asp?entity _id=08434605040020040
05/14/2001
,'aim Beach County Property Armraiser Property Search System
Page 1 of2
.
Palm Beach County Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Owner Information
I Owner Name
IBOYCE JANET H
II Situs Address
11937 SW 34TH CT
II Parcel Control Number
1108-43 -46-05-04-002 -0040
Subareas for Building 1
I Subarea Sq, Footage II Area II Percent II Effective Area II Area Under Air I
I APT APARTMENT II 27511 0%11 011 01
I BAS BASE AREAII 2,0]811 O<yoll 011 01
I FCP FlNISHEDIDOI 011 01
CARPORT 0
FDG FIN]SHED DET. GOI 011 01
GARAGE
I FGRFg:~~~~IGOI 011 01
FOP FlNISHED OPEN C301 011 01
PORCH
FOP FINISHED OPEN 001 011 01
PORCH
I Bldg ] Total Sq. Ft.:11 4,84111 II 011 01
true ura ements or Ul Ill!!'
I ACTUAL YEAR BL T 111972 I
I AIR CONDITION IIHTG&AC I
I BEDROOMS [3 I
I BUILDING USE SFR I
I EFF YEAR BUILT ]992 I
I EXTERIOR W ALL-l CB STUCCO I
I FLOORING - I CARPETING I
I FLOORING - 2 CERAMIC/QUARRY TlLE=I 00 I
S
tIEl
F B 'ld' 1
http://www.co.palm-beach.f.../struct_ detail.asp?entity _id=08434605040020040&condo=N 05/14/200 I
Palm Beach County Property Annraiser Property Search System
Page 2 of2
.
HEATING II FORCED AIR DUCT I
HEATING FUEL II ELECTRIC I
INTERIOR FIN I II DRYWALL I
INTERIOR FIN 2 II N/A I
MARKET ADJUST I
MODEL IISFR I
NO OF BATHROOMS 130 BATHS I
NO STORIES I STORY I
NO UNITS
NORMAL DEPR 88
I QUALITY CLASS 4
I ROOF COVER CONC TILE
I ROOF STRUCTURE GABLE/HlP
I EXTW AL2 00
[II
Please send comments to : pmPIJPp@co.pallll-beach,fl.us>
Copyright @ 1997 by Palm Beach County Property Appraiser
All Rights Reserved
http://www.co.palm-beach.f...Istruct_ detail.asp?entity _id=08434605040020040&condo=N 05/1412001
MAY-14-01 09:28 AM CODE COMPLIANCE
56174~6838
p.el
LMBCIOll
City of Boynton Beach
Address Misc Information Inquiry
5/11/01
10 24:20
Location ID
PCN
Lot Numb" r
Locatio!: ajdress
prcmary relaLed ~arty
Type information, press
25629
OB-43-46-05-04-002-0050
937 ,W 34TH CT
BO\C1': JANET
Enter
Code App Date Note Text
BPC~l BP 012501 Y 2 WOOD FRAMELJ ~(jL1D R80FS OPEN NOT
BPCM 6P n12501 { ENCLOSECi STRUCTl!BES BU1LT WITHOUT
BPeN 8P (12)01 . PSRMITS NEXT '1'0 NURTH SIDE PROPERTY
~
BPCM BP 01~"01 y LINE OBTAIN REQUIRED PERMIT
BPCM pp 01 'l ~()l y 4X'S fEE PErt C;L~~ STEG
F3=Exi t
F12=Cancel
F5=Special Notes
F13=Display description
F9=l'arcel Notes
F16=Related pty data
Vos@ )./ .(:'a rO
X 0 Cl_se;
TAl
If~;
--
J()S~
BP208I01
CITY OF BOYNTON BEACH
Global Locatit nquiry - Building Permit
')lications
5/14/01
08 50:20
Property address
PCN ""
937 SW 34TH CT
08-43-46-05-04-002-0050
Type options, press Enter
2=Application inq 3=Structure inq 4=Permit inq 5=Inspection inq
Opt Appl Nbr Type Stat Date Tenant Nbr/Name
01 00000570 OK AP 2/09/01 ALUMINUM SEAWALL
00 00003541 SE FI 8/03/00 POOL ENCLOSURE- REPLACE
00 00003532 BA FI 8/02/00
00 00000930 RR FI 3/06/00 TILE ROOF
99 00004992 RM CC 11/09/99 SINGLE FAMILY ADDITION
99 00002369 E AP 5/25/99 SERVICE CHANGE
98 00005003 GA CO 11/18/98 GARAGE & STUDY
97 00004716 BL RJ 9/30/97 ADDITION
94 00004849 RR AP 12/16/94 FLAT SPECS IN FILE 6 SQS
89 00000843 BM AP 3/06/89 WALK WAY
F3=Exit F12=Cancel