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
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LOCATION SKETCH
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BOYNTON BEACH BLVD.
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PLAT ~ 87"56'30"
MEAS ~.88"05'01"
PLAT = 107.00
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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.
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SOUTH RIGHT-OF-WAY LINE
NL 15TH AVENUE
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PLAT ~ 171"'
MEAS ~ 172"
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(APPLS 4299
DELTA ~ 17"14'J6"
ARC LENGTH ~ 11.789
\~RAOIUS ~ 7\.00
CHORD DISTANCE ~ 21.70 M~
FOUND 3/I,.M IRON ROO
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CHORD ANGLE
PLAT ~ 79"1]'\6" MEAS ~ 80'(
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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.
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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
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LOCATION MAP
Marie E. Premier Property
EXHIBIT "A"
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