AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to Citv Clerk s Office Meetinl! Dates in to City Clerk's Office
0 July 17,2001 July 5.2001 15:00 p.m.) 0 September 19, 2001 September 5, 2001 (5:00 p.m.)
0 August 7, 2001 July 18.2001 (5:00 p.m.) [gJ October 2. 2001 September 20,2001 (5:00 p.m.)
0 August 21, 200 I August 8, 2001 (5:00 p.m.) 0 October 16, 2001 Octobe, 3. 2001 (5:00 p.m.)
0 September 4,2001 August 22, 2001 (5:00 p.m.) 0 November 6. 2001 October 172001 (5:00p.m.)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 2, 200 I City Commission Agenda under
Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be
approved. There are no conditions of approval recommended by staff. For further details pertaining to this request see
attached Department of Development Memorandum No. PZ 01-181.
EXPLANATION:
PROJECT NAME.
AGENT
OWNER.
LOCATION:
DESCRIPTION:
SHOWCASE CONTRACTORS
Vince Zabik
Showcase Realty & Contracting, Inc.
201 SE 24 Avenue
Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.C.2.a.,
to allow a single family house on a sixty (60) foot wide lot in lieu of the minimum
seventy-fIve (75) feet of frontage required by code in a R-l-AA zoning district.
PROGRAM IMPACT:
N/A
FISCAL IMPACT
N/A
ALTERNATIVES:
Develo
City Manager's Signature
-A. 1_./ 7/L ~
Planning & Zoning Dile . or City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\SHOWCASE CONTRACTORS\Agenda Item Request Showcase Contractors 10-2-01.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
EXHIBIT "E"
ConditlOns of Approval
Project name: Lot 23, High Point Subdivision
File number ZNCV 01-020 (lot frontage)
Reference: Zoninl' Code Variance Annlication dated AUD11st 22 2001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DNIS10N
Comments: NONE X
BUILDING DNISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
MWRlpat
S.\PLANNINGISHAREDIWP\PROJECTSISHQWCASE CONTRACTORSICONDITIONS OF APPROVAL ZONING CODE VARIANCE.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-181
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
September 24, 2001
File No:
ZNCV 01-020 - Lot frontage
Location:
Lot 23, High Point Subdivision
Owner'
Showcase Realty & Contracting, Inc.
Project:
New single-family home.
Variance
Request:
Request relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5 C.2.a, to allow a single-family house on a sixty (60)
foot wide lot in lieu of the minimum of seventy-five (75) foot frontage required by
code in a R-1-AA zoning district.
BACKGROUND
The subject vacant property and nearby neighborhood is currently zoned R-1-AA , single family
residential, and mostly developed. The applicant desires to develop the property for a single-
family residence (see Exhibit "A" - Location Map). The approved plat of High Point Subdivision,
as recorded in 1952, shows the original lots being either seventy-five (75) feet wide or sixty (60)
feet wide (see Exhibit "8" - High Point Subdivision). In 1975 the City adopted new zoning
regulations which caused many parcels to become legally non-conforming, including those lots
platted within the High Point Subdivision at sixty (60) feet wide. The current regulations reqUire
that a conforming lot contain a minimum of seventy-five (75) feet of frontage and 8,000 square-
feet of lot area in the R-1-AA zoning district. The subject parcel, lot 23, is sixty (60) feet wide.
The applicant is proposing to relocate a built single-family structure on the subject lot. The
structure to be transported is made of wood, is sixteen (16) feet in height, and will be placed in
compliance with the setback requirements for' the R-1-AA zoning district (see Exhibit "C"-
survey). No property can be acquired to make the subject o8rcel conforming as noted in the
following description.
The following is a description of the zoning districts and land uses of properties that surround
the subject property'
North: An office building zoned C-2, Neighborhood Commercial;
South: Single-family home zoned R-1-AA,
East: Single-family home zoned R-1-AA, arid
West: SE 1st Street right-of-way and farther west a single-family home zoned R-1-AA.
Page 2
File No. ZNCV 01-181
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 would 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 has conducted this analysis using the above criteria, which require that the request not be
based on actions taken by the applicant; not deprive the applicant of rights and priviieges
already enjoyed by other properties in the same zoning district; be in harmony with the general
intent and purpose of City regulations, and not be detrimental nor injurious to the area and
public welfare.
According to the applicant's response to the above criteria, as contained in Exhibit "C", other
property owners in the neighborhood have been granted relief from the minimum lot size
requirements. Staff verified on site that the majority of the development has been buiit including
those lots with sixty (60) feet of frontage. The applicant feels that he is also entitled to the
same privilege. Indeed, staff researched City records and found that nine (9) properties within
the High Point Subdivision have been the subject of variance approvals since 1964, inciuding
four (4) of them for lot frontage, Therefore, staff concurs with the applicant that the granting of
this variance will not confer any special privileges to the applicant.
Furthermore, staff concurs with the applicant that the subject parcel includes special conditions
and circumstances related to the lot frontage are not the result of actions from the aptJlicant,
therefore satisfying criteria "a" and "b" above.
Page 3
File No. ZNCV 01-181
The applicant has also stated that the requested variance would allow development of a parcel
which size is consistent with other existing houses in the surrounding neighborhood.
Furthermore, as per the applicant, the proposed structure to be relocated will be harmonious
with both the typical size and architectural style of other houses in the area, therefore,
minimizing negative or injurious impacts to the neighborhood.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, staff acknowledges that the applicant has proven that
a hardship condition exists, and that the approval of this request is the minimum that will make
possible a reasonable use of the property Staff has placed special attention to the fact that the
subject property is unable to be expanded at either side. Therefore, staff recommends that the
requested variance be approved, thereby granting the relief necessary to allow the
development of the subject parcel by the relocation of a single-family home on a non-
conforming lot with sixty (60) feet frontage in lieu of the seventy-five (75) feet required by code.
No conditions of approval are recommended; however, any conditions of approval
recommended by the Community Redevelopment Agency Board or City Commission will be
placed in Exhibit "E"
MRlad
S:\Planning\SHAREO\WP\PROJECTS\sHOWCASE CONTRACTORS\STAFF REPORT.doc
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EXHIBIT "O,{,
Variance Statement for Showcase Realty and Contracting Inc.
A. The original plat for the area was that all the lots were sixty feet
wide. The home being placed on the lot conforms to all the other
homes in the area and meets all the setback requirements.
B. The rezoning of the area to RIAA makes all the sixty-foot lots
unbuildable.
C. By granting the variance, this will finish one of the last remaining
lots in the area and the city will not have to make any concessions or
any special exceptions that would make this lot any different than
any of the other lots.
D. The variance will not deprive either the homeowner or the
neighbors in any way.
E. The granting of the variance is the only way to get any use of the
land. There is no property available on either side, which could be
purchased to bring this property to seventy-five feet.
F. The granting of the variance will allow the last remaining vacant lot
in the area to conform to all the other existing homes with the
original intent, usage and purpose.
Sincerely
505 N.E 3rd Street. Delray Beach, Florida 33483
Phone' 561-272-7599 . Fax. 561-272-3519
Certified General Contractor CGC 051903
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-177
FROM:
Janet Prainito
City Clerk
Michael W RumPf'--~ ~ kv
Director ofPlannin~~ng
August 27, 2001
TO:
DATE:
SUBJECT:
Showcase Realty & Contracting, Inc. Variance
Lot 23, High Point Subdivision, PB 23, PG. 225
Zoning Code Variance 01-020
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $400.00 to cover the review and processing
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 September 24, 2001, Planning and
Development Board meeting. Please advertise in the newspaper and notice to property owners
accordingly
S \PlanningISHAREDIWP\PROJECfSISHOWCASE CONTRACroRS\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
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' August 27. 2001
BRIEF DESCRIPTION OF NOTICE OR AD' Zoning Code Variance requested by Showcase
Realty & Contracting. Inc.. to allow the development of a R-l-AA zoned parcel with a lot
frontage of 60 feet instead of the 75 feet as required bv code. Planning and Development Board
meeting to be held on September 24. 2001. at 7:00 p.m. at the Commission Chambers. City 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 property owners (postmarked September 9. 2001) within 400
foot radius ofthe subiect property. applicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH. The Post
PUBLISHED' September 9.2001
LAST DAY TO FAX TO THE PAPER BY 3'00 P.M. September 6,2001
APPROVED BY
~J Ail
&-!.+ X/~0
(Originator)
(2)(tj~1Jy~/
8P16 1
(Date)
(Date) tIM/'; J
RECEIVED BY CITY CLERK.
COMPLETED'
-IOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH,
FLORIDA, for a hearing as indicated, under and pursuant to the provisions ofthe zoning code of
said City-
Applicant:
Showcase Realty & Contracting, Inc.
Owner
Showcase Realty & Contracting, Inc.
Request:
Relief from Land Development Regulations Chapter 2, Zoning,
Section 5 C.2.a., to allow a single family house on a lot with sixty
(60) feet lot frontage in lieu of the seventy-five (75) feet frontage
required by code in a R-l-AA zoning district.
Location:
NE corner ofSE 1st Street and SE 24th Avenue.
Legal.
Lot 23, High Point Subdivision, according to the Plat thereof, as
recorded in Plat Book 23, Page 225, of the Public Records of Palm
Beach County Florida.
A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD
WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON MONDAY, SEPTEMBER 24,2001, AT 7:00 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 Planning and Development 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.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH.
THE POST
September 9,2001
,
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'OTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
PLANNING AND DEVELOPMENT 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:
Showcase Realty & Contracting, Inc.
Owner
Showcase Realty & Contracting, Inc.
Request:
Relief from Land Development Regulations Chapter 2, Zoning,
Section 5 C.2.a., to allow a single family house on a lot with sixty
(60) feet lot frontage in lieu of the seventy-five (75) feet frontage
required by code in a R -1- AA zoning district.
Location:
NE comer of SE 1st Street and SE 24th Avenue.
Legal.
Lot 23, High Point Subdivision, according to the Plat thereof, as
recorded in Plat Book 23, Page 225, of the Public Records of Palm
Beach County Florida.
A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT 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, SEPTEMBER 25,2001, AT 7:00 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 Planning and Development 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.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH.
THE POST
September 10, 2001