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REVIEW COMMENTS 6.A.2 MARIE PREMIER VARIANCE uEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-108 Staff Report for Planning and Development Board and City Commission Meeting Date: June 26, 2001 File No: ZNCV 01-010 Rear setback from property line Location: 1521 NE 2nd Avenue (Lot #41, Block 17, First Addition to Rolling Green subdivision) Owner' Marie E. Premier Project: Tool shed addition to a single-family house zoned R-1-A Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.B, to allow a 16.58 foot reduction from the minimum of twenty-five (25) foot rear setback required by code for a tool shed on a R-1-A zoned property, resulting in a 8.42 rear yard setback. BACKGROUND The subject property and neighborhood are currently zoned R-1-A, single-family residential, and within the First Addition to Rolling Green subdivision. The property is located on the west side of NE 4th Street. Existing lot dimensions are the same as approved by plat in 1986 (see Exhibit "A" -location map). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of an approximately 224 square foot tool shed built within the rear yard set back. The tool shed measures sixteen (16) feet by fourteen (14) feet, and eight (8) feet height (see Exhibit "B" - shed floor plan). For a shed with those dimensions the code requires a twenty-five foot (25) rear yard setback. The applicant placed it at 8.42 feet from the rear property line (see Exhibit "C" - survey). Alternatively, if the improvement was not greater than one-hundred (100) square feet, and not higher than seven (7) feet, the minimum required setback would be reduced to three (3) feet, side and rear, providing that no easement is encroached. Permits were not pulled for the work, and consequently, the project was cited. In response to the citation, the applicant has submitted this variance request in hopes of obtaining the necessary permits at a later day, and thus rectifying the code violation. 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. Page 2 File No. ZNCV 01-010 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. According to the applicant's responses to the above criteria (see Exhibit "0"), it is the position of staff that the applicant fails to satisfy hardship conditions for the following reasons: 1)- No circumstances appear to be peculiar to the land on which the structure is built. The subject parcel's size and dimensions, as approved by plat, meet the current code requirements for a R-1-A zoned Jot; 2)- The variance is made necessary by actions taken by the applicant; and 3)- Staff does not concur with the position of the applicant in reference to the criteria "d' above, that if this request is denied she will be" .deprived of certain rights." The subject properly contains sufficient space for the construction of a smaller shed within the required setbacks, and thus making possible the reasonable use of the property However, staff realizes that the subject structure impacts into the neighborhood will be minimized due to the lack of visibility from adjacent properties. Therefore, staff feels that the variance request will not be injurious nor detrimental to the public welfare. Staff surveyed the surrounding area and it was observed that none of the adjacent properties have similar sheds in place. It should be noted that City records show that a total of twelve (12) properties within the Rolling Green First Addition subdivision have been the subject of variances approved since 1968. Eleven (11) of these variances have relieved code requirements for lot area, only one (1) has been approved for a rear setback for an addition attached to the main building. RECOMMENDATION Staff recommends that this request for relief from Chapter 2, Zoning, Section 4.B, to allow a 16.58 foot rear setback variance within the R-1-A zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "E" Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties. For this reason, and to indicate the consequences of denial, staff offers the following information: 1 The variance request is not for the main structure but for an ancillary use: a tool shed; 2. The subject variance request is supported by two (2) adjacent neighbors, one to the side and another to the rear of the property (It should be noted the letters of support are for the construction of the shed, not for the variance request); and 3. Approval of this variance request could be construed as support of or justification for construction of improvements without proper permits. MR/JA - Attachments S:\Planning\SHARED\WP\PROJECTS\Marie E. Premier ZNCV 01-010\STAI='F REP variance setback.doc it I ~i P I I I l___ - --1td--- ~l ~) e $ ir!lllll ~ .I~ ! Hi'l I ill ~ !I\!I~ Cl ~ 1.1.\ 1 ;]; ~ Ii \ \ \;1 !: ;.1, \ ~ it . .," :~ ~~ ~'!f ~~ EXHIBIT "B" Il' .. t ~ W'[ui ~~I ..~~ lII<fi\U Il'oro <t~6 r:~>- d)Z~ Ii",o L~l!l ~ ~ ~ ! ::l ~ I ~ ~ ~tl d) d)dl ~e~". <\. BIz IlB' o ,<\.\'11.'1" I IU ,Z<l> '''11' ! ~ i~~i!!~1 t . .' .' " '6: el~ 0,," m ! , I , . . \ 1~1' '1 ~ ~ "~ - ~ 't;.. :~ ~ g ~" ~ i~ [~ ;1 ~ ~ ., ~ '( ~~ 3~ ~i ~ ~! i 1 ~ 1 {~ ~ [ l~ ~! iI~ ~~ ,~! I .' , i 1 i ! , ~ ~~ ;:. .~ ~~ , . , 'l ",. ~2~ i~ CI e', sh ~ , \ i ~ . . . . . ~ , g 1 e , . . i " ,=' ~l~ i ~ l~i' "11'1 ~ ~ I~ .', . .' .'i~i ~ ",111 I 1~1'1iG .11 !1~lmm \ I , ! 1 \) 1 t) III <JI 111 ~~ -1~ w:~ <1~ ~s , ~ , : j ! . ! , . . z \) l- t) 111 <JI. O~ 111~ 'C d)S 1 \ ~ ~~ ~ ~ 1$ . " ~....!i l L~ I' ~hl l""i~ L . a " o l , ~ ,- -,,~ ~"".."~,?.".....~""'''''"'= SKElCH:O" BOUNDARY SURVEY , .-.J ~8 1"~ 20' BLVD. <" ~ ~ ., ~ " ~ ~ ;; 8 ~ c ..; c N.E.15thAVE. '" 0; .; z ~ ~ z ~ N.f. 15~h COURT <I ~ SIT< e; '" ~ N.E.14th AVE. tt' ~ .? LOCATION SKETCH NOT TO SCALE BOYNTON BEACH BLVD. FOUND L"X2~ COtK MON WlTHIRONROO PLAT ~ 87"56'30" MEAS ~.88"05'01" PLAT = 107.00 ~ ~ :;;1 Lor 3 " BLOCK 17 :21 ~ :L I 0 0 gl , ~ , ,=,!"" " S.t.2- 16.1 1 WOOD ~ SHED ~ 16.1 v; " '" ~ ~ ~ " ~ :5\- S'UTILITY~5' EASEMENT 5'1~ 7 l' FOUN03/1,.~IRON \ :';i:o~~'AT8A5E I:~ ~ OF (ONC FOR fENCE pop WITNESS CORNER PLAT REFERENCE ANGLE 87"56'30" ClF PLAT = 110 44 Lor 42 BLOCK 17 MEAS = 107.21 mKEPOST ONI,.INE ~ 4- ~ 171 Ii'! ,; #1521 ~T 41, BLOCK 17 ONE STORY CONe. ~ RESIDENCE ~ o :< " 11,..1 'i I MEAS = 110.56 LOT 40 BLOCK 11 EXHIBIT HC" FOR: MARJE E. PREMIER PROPERTY ADDRESS. 1511 N.E.1nd STREET BOYNTON BEACH, FLORIDA 3J LEGAL DESCRIPTION: LOT .1, BLOCK 17, Fiest Addition to ROLLING GREEN ACCORDING TO THE PLATTHEREOF,AS RECORDED IN PLAT BOOK 1., ON PAGE 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUA TE.L YING AND BEING IN PALM BEACH COUNTY, FLORIDA. ~ ~ ~ SOUTH RIGHT-OF-WAY LINE NL 15TH AVENUE ~ ~ f~ 24.37 J ~SPHAl T o;:!. OR\I/E"'~Y ti!l.Q l' l' .,; 1.6,2' ~ CONe 12.0 o 1'(ON~WA~~.__ FOUND 1ft" IRON ROO, C{&.P O(S1RQYHl N,E. CORNER BLOCK 11 ~1 "1..? '1' ~ ~ z " " ~ ~ FOUNO ~ 2~X2H CONe MON I- wrrHIRONROD .~ s' I ~ " ,COO! ! ... W I.? II ~ ~ ~ ~ ~JJ! ~ 2 01 ~ ~ Q Z ~ l' ~j'" =E ~ ~ ~ ~ ;., e z :=r ; ~ 1\0 ~ ( ORo ANGL PLAT ~ 171"' MEAS ~ 172" SE:Tl/2~lRaNRO[ (APPLS 4299 DELTA ~ 17"14'J6" ARC LENGTH ~ 11.789 \~RAOIUS ~ 7\.00 CHORD DISTANCE ~ 21.70 M~ FOUND 3/I,.M IRON ROO NO CAP CHORD ANGLE PLAT ~ 79"1]'\6" MEAS ~ 80'( 0.20 Statements of special conditions and hardships. EXHIBIT "0" 1- I had to build the shed in this area in my backyard, because of the utility easement and a tree located at the south side of the backyard. 2- I always wanted to build a shed in the backyard, and always knew that the way it's laid out and where the utility easement is located, did not leave me much choices. 3- Some of my neighbors do not have a shed in their backyard, by they built patio or extended their back porch, thus this will not grant me any special privileges. 4- I believe that if I am deny this shed I will be deprived of certain rights, using space available in my backyard to build a shed, and not being a nuisance for my closest neighbors. 5- The shed is built strong, it is not a danger to me nor to my neighbors. Although getting this permit will mean a lot to me, but according to the facts stated above, issuing me this permit will be minimal. 6- I know that I unintentionally violated a few rules, but the main reason why this chapter stated is the safety and welfare of the public. I know that for fact that I did not violate this part. To support my conviction I have enclosed a letter from my closest neighbors. I thank you in advance for your understanding. Marie premier, proud resident of Boynton Beach. ~~~\'l100\ ~ . p\ _J \ ~,_._~ EXHIBIT "E" Conditions of Approval Project name: Marie E. Premier File number- ZNCV -01-010 (rear yard setback) Reference: Zoninn Code Variance Annlication dated Mav 17 2001. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DNISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS I. To be determined. S:\PLANNING\SHARED\WP\PROJECTS\MARIE E. PREMIER ZNCV 01-010\CONDITIONS OF APPROVAL REAR SETBACK.DOC ~ LOCATION MAP Marie E. Premier Property EXHIBIT "A" #(( f- = r- :~~~ I' =]FTl~ IIV " I I l r I . r: I ill c:; , -I ~I 1 ,""=-- \L g,r;;z , I ':,""",. ~ < "-. =:i I" ~ ~ - JL~ ... J) ~!/ I/If ..t -- '/ : -It - . 1/ 1(' ,1-----. ~ - -,/ ,~ f Ii; 1~~ R ____ I '1/ R C ,:JJ\ ~ \, '-; '/1-, ~.--'{\. ~/. t:r~'~'M1li:1;: II ~ ~\I i J -';'j::: 1-1- ..........Y. I I/' , :<" ---- '"IL- "-- EC- ~ \ .<.- :..- .II . I 1.--= :\AV;;- n ~ I---~' ::-y';l; "-. ) -<:;). ;<..' 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