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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Requested City Commission Meetin!! Dates Date Final Form Must be Turned in to City Clerk's Office ~ July 17, 2001 0 August 7. 2001 0 August 21. 2001 0 September 4, 2001 July 5, 2001 (5,00 p,m.) o September 19, 2001 o Octobe' 2, 2001 o October 16, 200 I o November 6. 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5,00 p.m.) September 20, 2001 (5,00 p.m.) August 8,2001 (5,00 p.m.) October 3, 2001 (5,00 p.m.) August 22, 2001 (5:00 p.rn.) October 17,2001 (5,00 p,m.) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o UnfInished Business o Presentation RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda under Consent Agenda. The Community Redevelopment Agency Board with a 3 to I vote (one board member abstained), recommends that the subject request be approved. No conditions of approval accompany this recommendation. For further details pertaining to this request, including the supportive recommendation from staff, see attached Department of Development Memorandum No. PZ 01-063. EXPLANATION: PROJECT NAME, AGENT OWNER, LOCATION: DESCRIPTION: Habitat for Humanity Jeanne Heavilin Nathaniel Robinson/Karl Ijams 233 N.E. 11th Avenue Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2,a, requiring a single. family home on a fIfth (50) foot wide lot in lieu of the sixty (60) feet required by code on a lot zoned R-2, resulting on a ten (10) foot reduction. PROGRAM IMPACT N/A FISCAL IMPACT N/A City Manager's Signature De -. /1- - j/' ~ .' -' (,. (., -"', Planning & Zoning Direcfor City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\Habitat for Humanity Agenda Request 7-17-DI.doc S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-063 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: July 10, 2001 File No: ZNCV 01-011 - Lot area Location: Lot 5, block 2, Meeks & Andrews Addition Owner. Nathaniel Robinson Project: Building a single-family home on a parcel zoned R-2, Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. requiring a single-family home on a fifty (50) foot wide lot in lieu of the sixty (60) feet required by code on a lot zoned R.2, resulting on a ten (10) foot reduction. BACKGROUND The subject property, lot 5, and surrounding neighborhood is currently zoned R-2, single and two-family residential district and partially developed (see Exhibit "A" -location map). The subdivision of Meeks & Andrews Addition was platted in 1914 with typical lot frontages being 50 feet, non-conforming by today's zoning standards (see Exhibit "B" - Meeks & Andrews Addition subdivision). The parcel to the east of the subject property (lot 4) is developed; the parcel to the west (lot 6) is undeveloped and is a substandard fifty (50) foot wide lot; and the next parcel to the west (lot 7) is developed. The applicant has submitted letters to document the intention to acquire the vacant property to the west, lot 6, with the intention to make the subject property, lot 5, a conforming lot. However, the current owner of lot 6 is not willing to sell. Therefore, no possibilities of expansion exist for the subject parcel number 5. Karlljams, President of Habitat for Humanity of South Palm Beach County, is requesting the above-referenced minimum variance for the purpose of constructing a single-family dwelling unit on a fifty (50) foot wide lot as part of the Habitat for Humanity affordable homes program (see Exhibit "C" - survey). Habitat for Humanity has a contract for purchase with Mr Robinson, who will acquire and build upon the lot if the variance is approved. Staff surveyed the area and it was observed that the majority of the existing dwelling units in the neighborhood are detached single-family homes built on substandard lots, and the majority of the existing houses are in poor condition. City records show that a total of four (4) properties within the Meeks and Andrews subdivision have been the subject of variance approvals since 1963, all of them for lot frontage reduction to allow fifty (50) foot frontage. Similarly, in an adjacent subdivision zoned R-2, Happy Home Heights, fifteen (15) properties have been the subjects of variance approvals since 1963; seven (7 ) of them to allow lot frontage of forty-two (42) feet (see Exhibit "D" - approved variances map). There are of course other adjacent units that were constructed prior to modern site regulations and are therefore legal non-conforming. Page 2 Habitat for Humanity variance File No. ZNCV 01.011 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. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "E" In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including the Plat of Meeks & Andrews Addition with typical lot widths of fifty (50) feet. Therefore, the City has acknowledged the potential for creating certain hardships and non-conformities on older platted lots. Staff verified on site that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single-family homes. Staff concurs with the applicant that the subject parcel special conditions and circumstances related to the lot frontage are not the result of actions from the applicant, therefore, satisfying criteria "a" and "b" above. Staff also concurs with the applicant that approval of the variance will not confer any special privileges to the applicant since there exists several substandard parcels in the same area that have been developed for single-family units. It is noteworthy that four (4) of those single-family units were also the subject of prior variance approvals. Therefore, denial of this variance request would deprive the applicant of the rights enjoyed by others under similar conditions. Therefore, it is the position of staff that criteria "c" and "d" above are satisfied. For the same reasons stated above, and since the subject parcel meets the minimum land development requirements with the exception of lot frontage, staff agrees with the applicant that the requested relief is the minimum necessary to make possible a reasonable use of the property Therefore, criterion "e" above is also satisfied, Page 3 Habitat for Humanity variance File No. ZNCV 01-011 Lastly, staff believes that granting the variance will not be injurious to the area nor detrimental to the public welfare. On the contrary, staff concurs with the applicant that the proposed building will be in harmony with characteristics of the neighborhood including lot sizes, lot frontages, and house sizes and styles, Furthermore, the construction of a new building with modern architectural features will help to revitalize an area where blight conditions are predominant. For these reasons, staff believes that granting the subject request will not generate negative impacts upon the area, thus satisfying criterion "f' above. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that the subject request is supported by the existence of a proven hardship. Furthermore, staff concludes that the approval of the requested variance will support the affordable housing goals of Habitat for Humanity, and will implement the infill housing program of the City Based on the previous conclusions, staff recommends that the requested variance be approved, thereby granting relief from the City's non-conforming lot regulations to allow a single-family house on a fifty (50) foot wide that is zoned R-2. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F" Lastly, it should also be noted that due to the restrictive nature of current non-conforming lot regulations, which are contrary to both Comprehensive Plan policies and city affordable housing strategies, staff has proposed amendments to the code which are currently being reviewed the City Attorney's Office. MR/dim S:IPlanningISHAREDlWPIPROJECTSIHabitat for HumanitylSTAFF REPORT. lot area.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-104 TO: Janet Prainito City Clerk FROM: Michael W Rumpf Director of Planning and Zoning DATE: June 1,2001 SUBJECT: Habitat for Humanity / Nathaniel Robinson Variance Lot 5, Block 2, Meeks & Andrews Addition to Boynton, PB 5, PG. 84 Zoning Code Variance 01-011 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case, A check in the amount of $437 40 to cover the review, processing and postage of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney The requested variance is scheduled for the July 10, 2001, Community Redevelopment Agency Board meeting. Please advertise in the newspaper and notice to property owners accordingly S.\Planning\SHARED\WP\PROJECTSIHabitat for HumanitylLegal notice,doc NOTICE OF PUBLIC HEARING - NOTICE IS HEREBY GIVEN that the following application has been made to the COMMUNITY REDEVELOPMENT AGENCY 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' Applicant: Habitat for Humanity Owner Nathaniel Robinson Request: Relief from Land Development Regulations Chapter 2, Zoning Section 5.F,2,a to allow a single family house on a 50 foot wide lot in lieu of the 60 foot width required by code in a R-2 zoning district. Location: 233 NE II th Ave, Boynton Beach, FL. Legal: Lot 5, Block 2, Meeks & Andrews Addition to Boynton according to the Plat thereof, as recorded in, Plat Book 5, Page 84, of the Public Records of Palm Beach County Florida. A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY 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, JULY 10, 2001, AT 6:30 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 Community Redevelopment Agency 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 June 25,2001 REQUEST FOR PUBLISHING LEGAL !'ounCES AND/OR LEGAL ADVERT._.lMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below ORIGINATOR. Planning and Zoning PREPARED BY Michael Rumpf DATE PREPARED' June I. 2001 BRIEF DESCRIPTION OF NOTICE OR AD' Zoning Code Variance reauested bv Habitat for Humanity to allow development of a R-2 zoned parcel with a lot width of 50 feet instead of the 60 feet as reauired bv code. Community Redevelonment Agencv Board meeting to be held on Julv 10. 2001. at 6.30 n.m, at the Commission Chambers. Citv Hall. 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO' All nronertv owners (nostmarked June 25. 2001) within 400 foot radius of the subiect property. annlicant and Director of Planning and Zoning. NEWSPAPER(S) TO PUBLISH. The Post PUBLISHED' June 25.2001 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.. June 22, 2001 APPROVED BY (I) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED'