REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMEI'o. I
PLANNING AND ZONING DIVISION
MEMORANDUM #01-063
Staff Report
Community Redevelopment Agency Board
and
City Commission
Meeting
Date:
July 10, 2001
File No:
ZNCV01-011- 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 HE" 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,
MRldim
S:IPlanningISHAREDlWPIPROJECTSIHabitat for HumanitylSTAFF REPORT-lot area.doc
EXHIBIT "F"
Conditions of Approval
Project name: Habitat for Humanity - Nathaniel Robinson property
File number: ZNCV 01-011
Reference: Zoning Code Variance Application dated 05/17/01.
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
/bme
5:\PLANNING\SHARED\WP\PROJECTS\HABITAT FOR HUMANITY\COND. OF APPR-2001-ZNCV.DOC
DEVELOPME . ORDER OF THE CITY COMMISf'N OF THE
CITY OF BOYNTON BEACH, FLORIDJ.\
PROJECT NAME. Habitat for Humanity - Nathaniel Robinson property
APPLICANT'S AGENT Karlljams, Habitat for Humanity of South Palm Beach County
APPLICANT'S ADDRESS: 2200 NW 2nd Ave. #299, Boca Raton, FL 33431
DATE OF CITY COMMISSION PUBLIC HEARING: July 17, 2001
TYPE OF RELIEF SOUGHT Zoning Code Variance (lot frontage)
LOCATION OF PROPERTY N,E. 11th 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 Community Redevelopment Agency 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 "F" 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:IPlanningISHAREDlWPIPROJECTSIHabitat for HumanitylDevelopment Order .2001- zncv.doc
LOCATION MAP
Nathaniel Robinson Property
Habitat for Humanity
EXHIBIT "A"
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EXHIBIT "E"
ZONING CODE V AffiANCE APPLlCA nON
5. Statement of special conditions, hardships or reasons justifying the requested
exception of variance. Respond to the six (6) questions below (A-F):
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.
R-2 zoning requires minimum lot frontage of75 feet. However, the frontage
requirement is reduced to 60 feet if it is to be used for a single family residence.
The lot which Habitat seeks to build on only has a frontage of 50 feet. Therefore,
under the current lot and building regulations per Boynton Beach Code Chapter 2,
Section 11 F .2.a., Habitat would not meet the requirements for building a Single
Family residence. The lot is abutted by a home on one side and a vacant lot on the
other side. An offer to purchase the vacant lot was rejected by its owner. That
offer was made on or about May 12,2001 Therefore, there would be no way to
enlarge the subject lot.
B. That the special conditions and circumstances do not result from the actions
of the applicant.
Habitat for Humanity does not own either of the lots which are abutting the lot it
seeks to build the single family residence upon. It has taken no action which
reduced the lot frontage.
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.
Granting the requested variance will allow Habitat for Humanity to build a single
family residence on the subject lot. This type of structure is permitted under the
current zoning for the area where the lot is located. The variance will not allow
Habitat to build a structure which is not permitted in the R-2 zoning district.
Additionally, other lots in the same area are currently non-conforming.
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.
If the variance is not granted then Habitat for Humanity would not be able to
construct a single family residence on its lot as the current R-2 zoning allows.
Therefore, Habitat would not have the same opportunity for devef1'pm9~t ofi~-[ll'fi r;: ,-,
property as other property owners in the same zoning district. F : ~{!~.tllis: '
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ZGi~ING [)fPl
would definitely be unnecessary and undue hardship on the applicant as the
purpose of Habitat for Humanity would be frustrated. It seeks to work with the
City to improve and redevelop the City by constructing single family residences
and affording the opportunity to purchase these homes to people who might not
otherwise have the means to do so. This helps beautify the community and put
pride into the City of Boynton Beach.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure.
With the exception of meeting the minimum lot frontage, the lot currently meets
all other regulations for constructing a single family residence. As such, the
requested variance is the minimum variance to allow development of the lot in the
R-2 zoning district.
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 area involved or otherwise detrimental to the public welfare.
Habitat for Humanity does not seek to develop the property for any other purpose
than that allowed under the current zoning district. As stated previously, it
desires to construct a single family residence on the subject lot. This is allowed
under the current zoning for the area where the lot is located. Additionally, this
development will improve the area. It will bring in people who have pride in their
community and in their home. It will make use of a vacant lot that otherwise
could and might be used for activities (including illegal activities) that are not in
the best interest or consistent with the goals of the City
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