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APPLICATION PROJECT NAME: Cherry Hill Lot 64 LOCATION: N.W 9th Ave COMPUTER ID: PERMIT #: I FILE NO.: ZNCV 01-016 I TY~E OF APPLICATION: Zoning Code Vanance AGENT/CONTACT PERSON: Octavia S. OWNER/APPLICANT: McPherson Sandra Sherrod, Community Development City of Boynton Beach, Florida 33425 Manager. City of Boynton Beach. PHONE: N/A\ lv) 'f 'IS'..</, d-,'1-9 J 5') PHONE: 742-6066 FAX: N/A FAX: ADDRESS: N/A ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beacb, Florida 33425 Date of submittalIProiected meetinl!: dates: SUBMITTAL / RESUBMITT AL 06/08/01 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 07/31/01 TRC MEETING: N/A PROJECTED 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 08/14/01 AGENCY BOARD CITY COMMISSION MEETING: 08/21/01 COMMENTS: S:lPlann;ngISHAREDlWPIPROJECTSICherry H;II Lot 64\2001 PROJECT TRACKING INFO.doc Application Acceptance Da(e: Fee Paid Receipt Number Has applicant attended a pre-application meeting? Date CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE. SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES. Please Print (in ink) or Tvpe Submittal Date: M A 'f J b 'LOO/ ) Block Subdivision c Il E.;<.. j( '1 H/L.L5 Plat Book Page S8 or otherwise described as follows Property Address AI \/1./. q 1'- A v,;/V'v.6 PCN Number OB Lj 3 LJ j Z- J fl.-J 000 064/ Variance requested 7 LOO >1. Pt. Lo/ IS 300 59 .Pr. .5J-jo/Cr o,.c '/.l/L .-<!..;(Q)'-h~.e:LJ 7S"00 5 q. I t. 12.t: 6?v lfi. I!.t) r: 0 ~ !<... J f) z. 011/) ,11/& ,'1'7 ,4~A.. C;I/l/iU {.. sA:<.., 3~ tJ 2..q The following documents are required to be submitted with this application to form a single package Incomplete package will not be accepted 1 Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating' A. B C D E. F All property lines North arrow Existing structures and paving Existing elevations Rights-of-way, with elevations Easements on or adjacent to the site ~I f" -- --.-. O. , '~ Ir':'"-- ' ,n , - ; ~ I I ' ~UN - 8 IUUI _ ~ Page 2 Zoning Code Variance Application 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 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 driveways 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 labels or addressed envelopes and postage (1st class-- stamps or payment for required postage). 4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aaent is submittina the petition. a notarized copy of a letter desianatina 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 1YlliU;. 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 ~nd purpose Page 3 Zoning Code Variance Application of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 6. 7 8 An application fee in the amount of $400 00 plus postage, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 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. Name and address of owner' M c.. f' H Ii/(;, 0 A/ 5 A /V t)~.A , Name of applicant: C 11'1 or 80'1/'-'/0# .8ft.-/fc/:I 9 Applicant's address: JOo K, gc>y/"",/o/V' 8~/Jc.>> I3L I/LJ. Applicant's phone #. 7 Lj z.. (; 0 (; (; Dat'.~, 3/), ,2gQ, 8;goo',,' of App!;,,"' ~~~ 10 Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. TO BE COMPLETED BY PLANNING AND ZONING 1 2. Property is presently zoned. 1(- 1- A formerly zoned: Property Control Number' 08 --4')- lfS-2i- I'-j--.::::x.:>~~~-(')bo'\." 3 Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required): 4 Nature of exception or variance required. 5 Case Number' Meeting Date: Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD' Approved Aye Denied Nay Stipulations: Signed: Chairman Page 5 Zoning Code Variance Application 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 APPLICANT/AGENT NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property Applications will not be accepted without these mailing labels. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 updated 03/23/01 J:\SHRDA T AIPlanningISHAREDlWPIFORMS\APPLlCA TIONS\ZNCV\ZNCV application with peN.doc ~ ,. A. The City of Boynton Beach through its Infill Program acquires vacant properties. The properties are then given away to first time homebuyers qualified to participate in the City's Program. The community benefits from the Program by eliminating the slum and blight conditions (illegal dumping and overgrown lots) in the neighborhood, increasing the tax base, and providing affordable housing. The City has recently given two 60 foot road frontage parcels away Each parcel has at least one whole platted lot is 120 feet deep and contains 7,200 square feet. The 60 foot road frontage meets the requirements of RIA zoning and is the dominant sized lot in the 500 block ofN.W 9th Avenue with I (one)- 52 feet lot and 2(two)-58 feet lots and the comer lots being the exception. All of the lots on the South side of the block are 120 feet deep which means that all of the inside 60 feet parcels do not comply with the 7,500 square feet R I A requirement. This zoning requirement has created a barrier that prevents the parcels from being readily developed in a manner consistent with the surrounding neighborhood. B The platting, development and construction of other homes in the community was performed by others over a long period of time. The city has recently installed sewers and is working as a facilitator to complete the community C. There is no special privilege or particular benefit to building on a lot size consistent with as-builts in the immediately surrounding area. D There currently exists three developed properties on the same block that have least 240 square feet less than the subject property and three developed properties with the same (60 feet x 120 feet) 7,200 square feet. The rights of home ownership enjoyed by those property owners should be no greater than the rights of these first time homebuyers. E. The proposed homes exceed the minimum requirement of 1,250 square feet, meet all of the existing set-back requirements, will not cover more than 40% of the lot and the parcels meet the required 60 feet road frontage. The minimal 300 square feet variance is shared by other existing homes on the block and is all that is required to build on these parcels. F The granting of the variance does not affect the size of the home, required setbacks or the character of the neighborhood. It does eliminate vacant land, creates affordable housing, makes a positive impact on the community and increases the value of the surrounding homes. ., ") \ TIDS INSTRUMENT WAS PREPARED BY James A. Cherof, City Attomey City of Boynton Beach PO. Box 310 Boynton Beach, Florida 33425-0310 SPECIAL WARRANTY DEED TIDS SPECIAL WARRANTY DEED, made this _ day of January, 2001, between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose post office address is P O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter referred to as "Grantor" and SANDRA McPHERSON, whose post office address is Palm Beach County. Florida. (hereinafter referred to as "Grantee"). WITNESSE TH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and ....... other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee, and Grantee's heirs and assign forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: SEE ATTACHED EXHIBIT "A" TOGETHER with all of the Grantor's interest in and to all licenses, approvals, tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property, including without limitation on the foregoing, all right, title and interest of Grantor in and to any land lying in the bed of any dedicated street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated) in front of or adjoining the Property to the centerline thereof. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors do hereby covenant with the Grantee, that the Grantor is lawfully seized 1 "'" of the Property in fee simple; that the Grantor have good right and lawful authority to sell and convey the Property; the Grantor do hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor; and that the Property is free and clear of all encumbrances except for (I) zoning, restrictions, prohibitions and other requirements imposed by governmental authority; (2) restrictions, easements and other matters appearing on the plates) of the Property; (3) easements, restrictions, covenants and reservations of record. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands and seals the day and year first above written. ~ \\\\\\\1111/11//1/ \\\ II; '" o..O'{,\'?- ~~ ,:; '( ->~ 0') 'l: ~ " ." . ..1.. :.;::. .:::; .,...1 ,~....' J ;..." .::- ~ j:' ,- j-:; ~ ~ ==:::: ;,'-:' ~ ~ ==()' .?- ==: ; 0 ~ ~ - ::c ~ -::;. ~ ~ .~ ~ ~ I,y', ,'\~ "i:,;; \.,\ ....... Signed, sealed and delivered BEACH lk:~0c~ llJ1z..9NN'e" 41. ~~ Print or Type Name ~jl1tt1t1~n~ t.lft~;lItIA/F SirK/(;f-- Print r Type Name APF~~~ ) STATE OF FLORIDA ) ) SS.. COUNTY OF PALM BEACH) , ~,,/L The foregoing instrument was acknowledged before me 2001, by Mayor Gerald Broening of the City of Boynton Beac. He is personally known to me 'Or has produced as identification an~did not t e an oath. , ~vklA<-- k.. /~'L ~ NOTARY PUBLIC .;18 P4?, asrbara M. Maddeo S':t'6COmmission # CC 750457 ~ "--~7 f~'R' luly 19,2002 Print or Type Name ....4- OF N AT~g~g~~;Wt~O..INC My Commission Expires: 2 . .. r '- . 'I EXHmIT A Lot 64, less the West 20', Lots 65, 66 and the west 5' of Lot 67, CHERRY HilLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. -- - .- DEPARTMENT OF DEVELOPMENT Division of Community Redevelopment Memorandum CRD 01-096 TO' FROM: DATE. RE. Michael W Rumpf, Planning and Zoning Director ~ I Octavia S Sherrod, Community Development Manager 1-d June 8, 2001 , Zoning Variance Applications Attached you will find two (2) applications for a variance for City Infill participants to build two (2) affordable houses on the properties described as: Lot 62, less the West 10', Lot 63, and the West 20' of Lot 64, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida, and Lot 64, less the West 20', Lots 65, 66, and the West 5' of Lot 67, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Please charge the processing fee of $800 00 to account #122-2418-554 49-64 Feel free to contact me with any questions or concerns you may have regarding this matter OSS:dar Attachments \\('Ji\lU.lfJ~H(lr". ,'.\Cmllr;;,mll~'fo'G\TTlf'mr.!:I\701'l1\r-r. 7.V1.r/'fl'l!"(,.;r..c.~ .roc!: Palm Beach County Property Appraiser Property Search System e ~Ar# Page I of2 Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA 1 Owner Name IBOYNTON BEACH CITY OF Owner Information II Situs Address IINW 9TH AVE Confirmation Information II Parcel Control Number 1108-43-45-21-14-000-0600 Subdivision: ICHERRY HILLS IN II Book:lll06951Ipa~e:110523 II D~~~~IIOct-19981 Mailing I PO BOX 3] 0 II Legal:llcHERRY HILLS BOYNTON I Address: I I LTS 60 & 61, W 10 FT OF LT 62, LT M (LESS W 20 FT), L TS 65 IBOYNTON BEACH FL 33425 0310 I 1& 66 & iT 67 (LESS E 20 FT) I 2000 Certified Appraisal I Improvement value:1I $011 1 Land value:1I $13,20011 I Market value:11 $13,20011 I Use Code:11 0000 II DescriptiOl1:IIV ACANT Number of units:1I Total Sq. Ft:11 Acres:11 2000 Certified Tax JI 2000 Assessed & Taxable values I Ad valorem:11 $00011 Assessed value:1I $13,200.0011 I More. I Non ad valorem:11 $0.0011 Exemption amount:1I $13,2001 I Total:1I $0.0011 Taxable:1I $0.001 http://www.co.palm-beach.fl.us./papa/detail_ info.asp?p _ entity=08434521140000600 7/12/200 I Palm Beach County Property Appraiser Property Search System Page 2 of2 2000 Exemption I DescriPtion:1 FULL. MUNICIPAL 1 cOde:IEJI I More... sl 1 GOVERNMENT Exemption IBOYNTON BEACH CITY OF I Percentage: EJ Holder: I Sales Date II Book II Page II I Oct-1998 1110695 IEJI Sales Information .frice Illllstmmellt $46,7001IWD Ilowller II~~YNTON BEACH CITY eJm[!) Please send comments to : E!,opapp@co.palm-beach.fl.us> Copyright @ 2000 by Palm Beach County Property Appraiser All Rights Reserved http://www.co.palm-beach.fl.us./papaldetail_info.asp?p _ entity=08434521 140000600 7/12/2001