REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-029
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 03-029 through 03-033
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. 13th Avenue approximately 40 feet east of NE 3rd Street.
Applica nt/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 (3,800 square feet)
Adjacent Uses:
North:
N.E. 13th 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 11) has a frontage of 40 feet and a total area of 3,800 square feet. It is a non-
conforming lot because it ~oes not meet the R-2 and R-1 district regulations. Section 11.1.C.2, Non-
Conforming Lot regulation~,';'\yhich provides some relief for lot frontage ~ and setbacks.
t;;;\wrt' (;<2-.5 .,b -1ftif' ~e.e( ~,,{(. t
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 single-
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
~APp~cant's Proposal
. Lot area: 3,800 square feet;
. Lot frontage: 40 feet;
. Front setback: 25 feet;
. Rear setback: 10 feet;
. Side setbacks: 7 V2 feet.
. Minimum living area: 1,447 sq. ft.
. 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.
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-Q29
Page 3
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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. # ...ovr),,"l\1' * o~.,+-. -;"S4A'>c...II. /C..1( ~
.....Q.c~.,<:.-t. It,(", II. ~.,.. flf:fro.JCA' !~ /-.
~t should be noted that ~revious interpre~ed st~mo conclu.d~ tf a platte ~~rJ;li~(I:~
av, than 50-feet! did not meet the non-conforming lot provIsions, I r, L ---.eF;..Iii~.
,...~,I'@Gj1.I~tiR9 ilRd obtaining mlief ff6ffi EsElll. This interpretation led the pplicant to request the number of
~ o-:,..;;\"jyariances enumurated in the legal notice. After further researc ro the minutes of the workshops
(~<"'l-( leading to the special zoning amendments adopted in 1988, staff t the subject 40-foot wide lot
~~,IV (i::/v~~T"'~'hProtd~d that it meets the following setback requirements. : I."v;).~ ('_
i..s ~~(b",(O'o-6 t"'. Uv{.fL. p....\ ......~+ -to 5=f7c.-- . 'I ~ 'I\.,\i:':::rl\c:-r<:...T'l c.
7Mi . ,tin! y.,,';/.setL-cn::l\ ~l.Iiremetlts s set under!Section 11.1.C.7.~.: ~ _^'
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. Front setback: 25% of lot dept (95 feet)= 23.75 feet [ ':; ~s ~s--t<<.".,s:
. Rear setback: 25 % of lot dept (95 feet)= 23.75 feet . CD <k:<?S~
. Side setbacks: 15% of lot width . t.. . -ts C-ev--fcMj "-t1'f 0~--k.
~. ... d a..re. "--C",,, e:..(~ a f'_ ,_/1
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Staff reviewed the requested variances on the uniqueness of the subject lot and the applicant's
response to the above criteria contained in Exhibit "0" This parcel is an original platted lot of record. It is a
non-conforming lot because itjloes not meet the minimum requirements of the R-2 and R-1 zoning districts,
but it does meet the minimum 1equir~ents ~et forth ~tlge Nan Cllnfo~A'ling Re!ill:lllltiol ,s (SeetiaA 11.1.C.2.).
~&"",..-(~-k. to(' I\C>I.'--C~ kt<:. Y1~(a!5
The non-conforming lot regulations were adopted in 1988 in order to promote the development 0 parcels
that could not be dey':~op under lib current zoning code requirements. . ,baI:e 10 ~
~ -a€ee~t3Ble minimurTkstandards were established to allow construction smaller lots, which require a
.e!~~~ri~ 5~~f; ~~(.e ap'~ ~~~ ~9~~~ s~re!.:l~ ~r;;~U. ~*,. 4c" ~:~~~4
""" Q-~ ('<>1,) ~ ~~ ~r<l-7~) ::r1e?.khR. 'f. iJ.((w.s;^ I~"'".d 7{5fi <A.... 'I)' ~~F pr'''''Wf(f-IR
The Heart 0 oynton Pian ~e~yed than~ carrenti!)nlng to1re'~tanaards, e~ In the ml - -;1."
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 reduce/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 aj,ea of 5,000 square feet have
since been built upon or are in the process of being developed. Those remaim~atcels that . _ . '8ts are
smaller than the legalt?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 forJhe development of a lot. Furttw-!:vthe establishment of the non- '1
conforming 101- provisions clearly dicfa"fg.. substandard development re-gul~~'f1)n, below standards being'" . ~
constructed in newer subdivisions. This plat includes many substandard lots by current regulations. The "-
majority of the subdivision is developest;\ncluding a large portion of the original substandard lots. Staff
verified by site visit that the substandaWconditions 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 .;-
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Staff concurs with the applicant th~ special conditions and circumstances exist that are the r suit of actions
by the applicant, therefore criteria "a" is not satisfied. It should be mentioned that reg dless of what
allowable use is proposed for Lot 11, the subject variance for rear setback would be unnecc ssary Further,
the construction of a modest single-family home on the s~' lot, representing reasonabl use of the land,
without the rear setback variance could be accommod >\ d could still meet the mi imum living area
requirement, therefore criteria "b" and "e" are not met er, using the setback pr. visions in the non-
conforming lot regulations, and without~rear setback r€E1(,jGtie~l the applicant y build a house with
approximately 1,330 square feet ,o:lj<{ 'Vl -11.<- 7 t'to,r.", ~f
With respect to crieterion "f", although compared to those lots accomod d by the non-conforming lot
provisions, there is only a 25% reduction in frontage, this actually repr ents a 33% reduction in property
width when conmpared to the minimum conventional standard for R-1 district. Approval of the subject
variance would r7jresent a further reduction in the mini m development standards within this
neighborhood, andID!n~J.5ontribution to the economic v e of the area and tax base for thf.- city.
r'~ f .Jc...>f's~tZ'^"p-f VAS ,....dlc ~
With respect to item "g" above, the applicant p- . ed a statement confirming that adjaCehtproperties;Jll ~,+Y.:
~ so as to make the subject el conforming in order to eliminate this variance request Staff
concu~ith the applicant tha erties are not available on either side to bring this parcel into
conformance.
~
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'k 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 b!lre:A~
minimum standards encouraging new infill housing development in the neighborhood at an acceptable size
(i.e. 50-foot frontage and 5,000sq. ft. in area).
RECOMMENDATION
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;
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 Helghts\ZNCV 03-29- 03-D33\staff Report.doc
EXHIBIT "0"
5. Response to statement of special conditions justifying the request for variance @ LOT
5 BLOCK 9 & LOT 6BLOCK2'
II ,
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
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EXHIBIT "E"
Conditions of Approval
Project name: Happy Home Heights Lot 11
File number ZNCV 03-029 thru 03-033
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
FORESTER/ENVIRONMENT ALIST
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 L To be determined, I I I
SiIPlanning\SHAREDlWPIPROJECTSlHappy Home Heights\ZNCV 03,29- 03-033\COA,doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPM, T ORDER OF THE CITY COMMI~ IN OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME, Happy Home Heights Lot 11
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 2,200 square feet, resulting in a lot area of 3,800 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 twenty (20) foot
variance, resulting in a forty (40) 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 13th 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:IPlanningISHAREDlWPIPROJECTSIHappy Home Heights\ZNCV 03-29- 03-0331DO,doc
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