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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-030 STAFF REPORT TO' Chairman and Members Community Redevelopment Agency and City Commission THRU' Michael W Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: February 2, 2003 PROJECT NAME/NO' Happy Home Heights/ ZNCV 03-034 through 03-038 REQUEST Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, resulting in a 10 foot rear yard setback for a proposed single-family residence within the R-2 single and two-family zoning district. PROJECT DESCRIPTION Property Owner: Anthony McCray Location: Anthony McCray South side of N.E. 12th Avenue approximately 168 feet west of NE 3'd Street. Applicant! Agent: Existing Land Use/Zoning: Medium Density Residential (MeDR)/R-2 Proposed Land Use/Zoning: No changes are proposed Proposed Use: Acreage: Single-family house 0.09 Acre (3,780 square feet) Adjacent Uses: North: N.E. 12'h Avenue right-of-way, and farther north a vacant parcel zoned R-2, single and two-family residential district; South: A single-family house zoned R-2, single and two-family residential district; East: A single-family house zoned R-2, single and two-family residential district; and West: A single-family house zoned R-2, single and two-family residential district. Staff Report Memorandum No PZ-04-029 Page 2 BACKGROUND The subject property Is vacant and located within the Happy Home Heights subdivision. It is currently zoned R-2, single-family and two-family residential dwelling district (see Exhibit "A" - Location Map). The lot is currently vacant and remains as originally platted. The Happy Home Heights subdivision was platted in 1925 (see Exhibit "B" - Happy Home Heights Subdivision). This plat contains many substandard lots by current regulations. The subdivision is developed including a large portion of the original substandard lots. The subject vacant parcel (Lot 5) has a frontage of 42 feet and a total area of 3,780 square feet. It is a non- conforming lot because It does not meet the R-2 and R-1 district regulations. Section 1l.1.C.2, Non- Conforming Lot regulations, which provides some relief for lot frontage and area, and setbacks. Mr Anthony McCray, is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit "C" - Survey, Site Plan and Proposed Building). It should be noted that slngle- family use is permitted in the R-2 zoning district. The minimum requirements to build a single-family dwelling in the R-2 zoning district are as follows (Chapter 2, Zoning, Section 5. D.2.a.) with the exception of the lot area* and lot frontage*, which are required to meet requirements of the R-1 zoning district (Chapter 2, Zoning, Section 5. E.2.a.) . Minimum Requirements Applicant's Proposal . Lot area. 6,000 square feet* . Lot frontage: 60 feet* . Front setback: 25 feet; . Rear setback: 25 feet; . Side setbacks: 10 feet. . Minimum living area: 1,000 sq. ft. . Lot area. 3,780 square feet; . Lot frontage: 42 feet; . Front setback: 25 feet; . Rear setback: 10 feet; . Side setbacks: 7 1/2 feet. . Minimum living area: 1,476 sq. ft. ANALYSIS The code states that the zoning code variance cannot 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 Report Memorandum No PZ-04-029 Page 3 g. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. It should be noted that previous interpretation led staff to conclude that if a platted non-conforming lot (any smaller than 50-feet) did not meet the non-conforming lot provisions, this lot could possibly be develop by requesting and obtaining relief from code. This interpretation led the applicant to request the number of variances enumurated in the legal notice. After further researchs through the minutes of the workshops leading to the special zoning amendments adopted in 1988, staff concluded that the subject 40-foot wide lot can be built upon provided that it meets the following setback requirements: Minimum yard setback Requirements as set under (Section 11.1.C.7 ). . Front setback: 25% of lot depth (90 feet)= 22.5 feet . Rear setback: 25 % of lot depth (90 feet)= 22.5 feet . Side setbacks: 15% of lot width (42 feet)= 6.3 feet. Staff reviewed the requested variances focussing on the uniqueness of the subject lot and the applicant's response to the above criteria contained in Exhibit "D" This parcel is an original platted lot of record. It Is a non-conforming lot because it does not meet the minimum requirements of the R-2 and R-1 zoning districts, but it does meet the minimum requirements set forth by the Non-Conforming Regulations (Section 11.1.C.2.). The non-conforming lot regulations were adopted in 1988 in order to promote the development of parcels that could not be develop under the current zoning code requirements. In order to prevent hardship, bare acceptable minimum standards were established to allow construction on smaller lots, which require a minimum of 50 feet of frontage and a minimum of 5,000 square feet in area. The Heart of Boynton Plan acknowledged that the current zoning code standards, established in the mid- seventies, favors greater lot requirements, which is not typical of older platted neighborhoods located east of Interstate 95. It references pOSSible changes to the code. Changes were made to the non-conforming lot provision, but only to eliminate the restriction of ownership, not to reduced the minimum lot threshold below 5,000 square feet. The Heart of Boynton Plan does not state the minimum recommended lot size, but acknowledges the "significant" number of smaller (less that 10,000 square feet) lots. It should be noted that since amendment of the non-conforming lot regulations, the majority of the vacant substandard lots, which have a minimum frontage of 50 feet and minimum area of 5,000 square feet have since been built upon or are In the process of being developed. Those remaining parcels that vacant lots are smaller than the legally non-conforming lots, are not contiguous and therefore not capable of being assembled to create conforming lots. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Happy Home Heights Subdivision Plat. The Land Development Regulations set forth the minimum requirements for the development of a lot. Further, the establishment of the non- conforming lots provisions clearly dictates a substandard development regulation, below standards being constructed in newer subdivisions. This plat Includes many substandard lots by current regulations. The majority of the subdivision Is developed including a large portion of the original substandard lots. Staff verified by site visit that the substandard conditions exists, and that a large number of parcels have been developed with single-family homes. The latest wave of development are taken place on fifty-foot wide lots. Staff Report Memorandum No PZ-04-029 Page 4 Staff concurs with the applicant that special conditions and circumstances exist that are the result of actions by the applicant, therefore criteria "a" Is not satisfied. It should be mentioned that regardless of what allowable use is proposed for Lot 11, the subject variance for rear setback would be unneccessary Further, the construction of a modest single-family home on the subject lot, representing reasonable use of the land, without the rear setback variance could be accommodate and could still meet the minimum living area requirement, therefore criteria "b" and "e" are not met. Further, using the setback provisions In the non- conforming lot regulations, and without the rear setback reduction, the applicant may build a house with approximately 1,270 square feet. With respect to crleterion "f", although compared to those lots accomodated by the non-conforming lot provisions, there is only a 25% reduction In frontage, this actually represents a 33% reduction in property width when conmpared to the minimum conventional standard for the R-1 district. Approval of the subject variance would represent a further reduction in the minimum development standards within this neighborhood, and minimal contribution to the economic value of the area and tax base for the city With respect to item "g" above, the applicant provided a statement confirming that adjacent properties are not available so as to make the subject parcel conforming in order to eliminate this variance request. Staff concur with the applicant that properties are not available on either side to bring this parcel into conformance. RECOMMENDATION This request will be injurious and detrimental to the area although the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will contradict the vision the community has for this area. The non-conforming regulations threshold is below the typical requirements of the R-1 district, it has established the bare minimum standards encouraging new infill housing development in the neighborhood at an acceptable size (i.e. SO-foot frontage and 5,OOOsq. ft. in area). Based on the analysis contained herein, staff recommends that the request from Chapter 2, Zoning, Section 5.F.2.a. to allow for a rear setback variance of 15 feet and rear setback of 10 feet for a single-family home be denied for the following reasons: 1. Lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; and 2. The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3. It Is inconsistent with the code requirements. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed In the Exhibit "E" - conditions of approval. MWR/MD S:\Plannlng\SHARED\WP\PROJECTS\Happy Home HelghtsllNCV 03-29- 03-033\Slaff Report.doc EXHIBIT "0" 5. Response to statement of special conditions justifying the request for variance @ LOT 5 BLOCK 9 & LOTj(BLOCK,2' II I A. The mentioned properties are currently non-conforming lots according to city zoning. However, these lots were plotted by the City of Boynton Beach several years ago, and have always been that way B. We have made no change to the mentioned lot since 1929. C. No special privileges will be expected other than the right to exercise Property- Owner Rights. D. I would enjoy the extended privilege of excursing other option to the mentioned property E. Yes. F Our plans are to be in perfect harmony with the existing neighbors. G. There are no vacant lots on either side of the above mentioned property "I 1", ii .:1 l.j ,II I., I, Iii I" Iii ii j: " HI 'I ii1 r'"\ '[2 EXHIBIT "0" IOJ,' : UUI DE~~ 3~.Gjl / z -57~M~frl . " I, Ii il II Iii i'l Ij Ii! .:)D cJY- ~~( ~ J jj~ ~ d/!i1 ::tB ~ Zk Ijj~ ~~~pr~ Iii at .~ ~~~-r 1L Zk Ijj ~ /.JA~a.-LJ L,_~#___ Aj/ ~ li~ Jh__:L~ ~J -V~F'" . II: ~~ 11: H1 ili Iii 111 Ii" ji! ,1; l,' Ii ~~7 " Ii Ii j.1 " Ii. jlJ; ii )'1 I!' " I'; Ii! Ii' I' Ii; " I', j]! I'! 11 I;; ii Ii: ,j, il: )., I' i: I J i: I' I, I: I I j; I I: i I ! ; EXHIBIT "E" Conditions of Approval Project name: Happy Home Heights Lot 5 File number: ZNCV 03-034 thru 03-038 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALlST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S,IPlann;ngISHAREDlWPIPROJECTSlHappy Home HeightslZNCV O)'{))4'{))'{)38ICOA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPM' T ORDER OF THE CITY COMMI~ ')N OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME. Happy Home Heights Lot 5 APPLICANT'S AGENT Anthony McCray APPLICANT'S ADDRESS: 548 NW 45th Drive Delray Beach, FL 33445 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 TYPE OF RELIEF SOUGHT Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet to allow a variance of 2,220 square feet, resulting in a lot area of 3,780 square feet for a proposed single-family residence within the R-2 single and two-family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a eighteen (18) foot variance, resulting in a forty-two (42) foot frontage for a proposed single-family residence within the R-2 single and two-family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 10 foot side yard setback on each side to allow a 2.5 foot variance, resulting in a 7.5 foot side yard setback on each side for a proposed single-family residence within the R-2 single and two-family zoning district Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, resulting in a 10 foot rear yard setback for a proposed single-family residence within the R-2 single and two-family zoning district. LOCATION OF PROPERTY NE 12th Avenue 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 "C" 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' City Clerk S:\Planning\SHAREDlWPlPROJECTS\Happy Home Heights\ZNCV 03.034.03.038\DO.doc ... 1 in. = 100.0 feet - HAPPY HOME HEIGHTS LOT 5 LOCATION MAP EXHIBIT "A" 1St J ' · (; I I_ Ii Itll · , ~ · . II ',f"4Ol r< I -()"I' J:71 Ol II c,~~,Z ;; '.",11 . 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