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REVIEW COMMENTS Dt:lfELOPMENT SERVICES DEPARTMb. r MEMORANDUM #PZ 02-059 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: April 9, 2001 File No: ZNCV 02-001 - Front and rear setback Location: Boynton Hills Subdivision, Lot 152, Block C Owner' P.B. Horizons, Inc. Project: Building a single-family home on a parcel zoned R-1-A. Request: Request for two (2) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single-family home on a lot zoned R-1-A. 1) to include an S. 7 -foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front setback; and 2) to include a 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear setback BACKGROUND The subject property, located on the southeast corner of N.W 1st Street and N.W Sth Avenue is zoned R-1-A, single family residential (see Exhibit "A" - Location Map). The lot is currently vacant and remains as originally platted. The Boynton Hills subdivision was originally platted in 1925 Contrary to the gridiron pattern used in the development of most American towns, this subdivision used the radial scheme and diagonal avenues over the grid (see Exhibit "B" - Boynton Hills Subdivision). This design created many irregularly-shaped and substandard lots by current regulations. The majority of the subdivision is developed including a large portion of the original substandard lots. Mr Ash Bullard, agent for P.B. Horizons, Inc. is requesting the above-referenced variances. The applicant proposes to construct a single-family home on a trapezoid-shaped parcel (see Exhibit "C" - Proposal Survey). The total site is approximately 6,900 square feet and has a frontage of 140.25 feel. The parcels on both sides of the subject property are developed. The requirements to build a single-family dwelling unit within the R-1-A zoning district are as follow' . Front setback: 25 feet; . Rear setback: 25 feel. The applicant is proposing the following setbacks: . Front setback: 16.3 feet; . Rear setback: 7.5 feel. Page 2 Boynton Hills Block C Lot 152 Variance File No. ZNCV 02-001 The construction of a single-family home with the above-referenced characteristics requires the two (2) variances as described herein. It is practically impossible to build a single-family home on this shallow lot that will meet both minimum size requirements and setbacks. Staff visited the area and observed that the majority of dwelling units in the neighborhood are detached single-family homes, built on irregular and substandard lots, with some of them having either front or rear setback deficiencies relative to current Land Development Regulations. The subject lot has similar lot constraints (see Exhibit "D" - Survey). 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 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" Indeed, this circumstance is a result of the subdivision being platted in 1925 according to less stringent standards, and following the aesthetic approach of the City Beautiful movement. In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the Boynton Hills Subdivision Plat. Staff verified by site visit 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 special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a" and "b" above. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. There are several substandard parcels within the area, similarly zoned, which were also the subject of variance approvals in conjunction with the development of single-family homes. For example, a single-family home exists on the adjacent lot #139 with a 17 1-foot front setback, which is comparable to the applicant's request. Therefore, denial of this variance request would deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c" and "d" are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected. Regardless of the building configuration on the lot, any single-family dwelling that would meet the minimum living area standard Page 3 Boynton Hills Block C Lot 152 Variance File No. ZNCV 02-001 would still encroach into the front and rear setbacks. This proposed application represents the minimum variance required in achieving the reasonable use of the land. In addition, it should be noted that both lots located to the east and south of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Lastly, staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. Therefore, staff recommends that the requested variances be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow' 1) An 8.7 -foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front yard setback; and 2) A 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear yard setback. If approved, it should be noted that relief should apply to the subject property only as represented in Exhibit "C" of the staff report thereby limiting the minimum 7.5-foot rear setback to a corner of the unit, and precluding the application of this rear setback to the entire rear of the proposed structure. Any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F" MRlMDA S:IPlanningISHAREDlWPIPROJECTSIBOYNTON HILLS BLOCK CLOT 1521STAFF REP-Front and rear setback.doc Location Map EXHIBIT "A" Boynton Hills Block CLot 152 ITIIDi ~.... TIll} rrm JIIII] ~; IttE 1tR ~R 400 0 , $ S:\Planning\SHARED\WP\PROJECTS\BOYNTON HILLS BLOCK CLOT I 52\Location Map.doc EXHI Br"'~; "~I 1/1 ---, - ---- 'N:CLLB ---- -- - -- /14~9l!1 I IQ~_ II ~VL 1-1 U o 7 1I~~ , ....."4t'1 II!! 1/2 1/1 IIO",j09 108 . ., , tJD7l'\ 106 IOS ~, , ., .' ' 0 .. ci ~ .P.t I., ~o .. , ~~ ~ lDl'l ~ <i . ~ ~ .; . ..~ ... , ~ ,~ ~ .. '- -- N -'1 ~ $, 'a' ," So 0 0 0 0 "l .. ~ " " N . , .. 0 1 . ! t .. , "' .. , .. 0 .. ~ .. /;'1 ""'Z 12.3 IZ4 ... . $".97 170 . "1?J?-" i--",~ ,r-\ ~ '" r - -..t.!.~..;-, I . I "..Ji' L ) ~ ,7 ","0 ....._---'.. -I '-J '" /7' ~Jt. -C' N l'- ...., L-' /74 · -". -=1 "" " ,o7..!:p-- -COp.I..~ !i"~'" "\..15i> ':s:.G......~ . '157 01..>'-' . 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HY KSPENSIJJLE: CHARGE AND THAT SAID stRVCY IS DEF>ICTCD JERHIN. THIS SUINEY "'AS F'RCPNlf:D FrR THE: E:)fptICIT PURPOSE: 1T l1JJTAlNINCi A i'lRTUACiE ANDAR TITLE: POLICY TICRaJ'i, [HESS STATED arlCllVlSC JCI<COtI. rHIS SKeTCH 1T SLRVCY S~'JS THE C&lSTRUCrCD h#>ROVEHCNTS THIlT ~Rf" LDCA1TD. THIS SURVEY /S B4SE:D .tlJLELY lJPf1H THE:. eXISrING HllNUNCNTArIa./ AS SHDVN ~ THIS SURVFY .aTS Mn <<FlCCT DR DE:7CRHI1E: lNNC~. THIS StAQVEY IS VALID IN ItCClRDANCC WITH F.S. 627.7842, FOR oil PCRIDD IT 'ilO MYS F'RfM TtC lMJr fT CIRTlFICIITIW THIS SURVCY IS MJT AN AI.. rlVltCSH LAND TITLe S!RVCY. SUBLeT TO THE: ~s IIND IDTATIUNS ~ ~:PC 7/1~{:7lt~ EXHIBIT "e" STP~r;;T ADDRESS VAL.-ivT LOT BOYNTON BEACH, FLORIDA -...\ ':' ,-,' ,. . > ~ {~,~;YA.~ - ~~ ~ ~ ".,-:-,'- ""--'."'.>'- p rS' eLF ~CL. :rCLF LOT 151 BLOCK C ..,. .. a.F L<rz>m Bt VD -lIQL~IWD ( '" CCNTCRLDE ctF =OWN LINK FENCE: CIJC - ctH:RCTE F = FIELD FMJ 'Fn.Wl1 1R = IRiN RDD IR/PC..1RDN RD1J/PLASTIt; CAP NIl = HNHLC me - UVERHCAD CLCCTJiIC P ..,PUtT 'oIPP '" VOOD PC1'oI€R PiLC ncVATIC1NS SfD'tIN 1fRCCW ~ MUD 1M TIC AlAT~ GCJJIJE:T1C VOlTlCo4L Do4T/M lY 1~ LOT 140 BLOCK C LOT 141 BLOCK C NO ~D 11IIPROVCNCNTS UXATEJJ IN...ESS SH/]YN, NO TITlE SCARCH /lY TIE IDRVCYOR DR FIlRMSJED 10 TIE SlRVEYOI/ BY a/Dfl lR ClTtCRS, LC6AL D€SCRIPTION AS FtRNISHCD 1IY CLIENT IR DTJEIIS, JJ1SCRCPANClH ICnIECN PRCKRTY LINeS or Al1..XJJNING PARCns NOT VCRU"ICD UNl.CSS ~D IERCm JlEAINNGS lJASEJJ iN ASStKJJ 1Jo4Tl.N I.NJ:SS PLAT IICARJNGS ARC INDICATED ON SkETCII. ANGLE:S ReFER 10 THE: ilCCIRD KAT AND ARE 1IASED UN TIlE CE:NrE:RLlfC iJF NoV. 6th STREET LOT 15e. /JLlJCJ( C. 1JDYNTtW HILLS ACCORDING TO nc PLAT THCRCCT AS RECllR/JED IN PLAT BCJOt 4 AT PA6C 51 OF 1HC PUBLIC Ra:tRDS IT PALH lICACH CCJLHTY. FURIM stJ4JCCT TO ANY lJElUCA TlCJNS. LIHITIoTIrItS. R€SrIl/CTlmS. RCSCIlVATlCNS. N6J/DR &.SCIENTS IT RE:CORA MJ CXNQNATlCM IT TITLE H4Ar llY TIE stR\IE'YLW. PRCPAIlCD FrR> o4Ll4N KUSFCLD LDT Ali'!"A"'44499 S~ ~T (410 ACReS) IoflTlC<, THIS SlRVE"Y PIl€PMCD /H ctLD1l SURVCI IS VDID IF NOT IN CDLlJR. P#E1TtJCtPYlNG FfJRIIIJJJJ€N COPYRIGHTeD ,ICIII TCRrAL FLOOD ZONE C COMMUNITY PANEL 120192-01908 DATED: 6-2-99 (FLOOD ZONE -8- -C., -D- &: .X- ARE NDT IN DESIGNATED FLOOD HAZARD ZONE AREA.) o HAROLD NEEO~ PLS '6462 FeR RCFI:RCNCC ~ Y M1T A VAlID SURVeY UNU:.SS SCALD) ""lTH NY CNIJDSSl:JJ AND SlGNCD IN 1lC1J IN/( SURVEY DATE 1-26-02 M & P LAND SURVEYORS PROFESSIONAL LANO SURVEYORS & MAPPERS P.O. BOX 770157 CORAL SPRINCS, FLORIDA 33077 954-240-8219 954-242-6067 FAX 954-340-8455 REVISIONS 1/31/02 HOUSE LAYOUT DRAWN BY: HN CHECKED BY: HN PROJECT NO: lH-21007 EXHIBIT "0" I SURVEY SKETCH ~ w'z SCALe I' .. 31)' ST"~T ADDRESS VAt..rlNT LOT BOYNTON BEACH, FLORIDA ~ o 1 15 3lI GRAPHIC SCALE I " :<~'d;'?ttil,~8:Jt!jpEri'( .'8':' -' >,:;~ - ;:_<)>'''>':<~ .~>,:'{~:' :" .~..:':' ',,: ,.,.., ,...... - . ~ " 1lr~ ~ ~ oue 5' CLF 0.35 CL. ~, "'~ --!' \ f,~ ",'I- --!' 5' CLF VACANT lc OJ '" .. '" "- i'- '" ... .. '" LOT 151 BLOCK C WiENII .... ..~. fVB:~ aF" .. OWN LINK FENCE CCMC - CacRCrr: F "'FInD FN1J =FlVtllJ 1R = 1RlM RDD J1l/PC=IRa<IItDlJ/PU.STIC CI4P NIl .HNHU atE: .. lJV€RHEt4D eLeCTRIC P ",PLAT VPP ..'JIXJlJ ~R PfLC ~ !ij:!j:m' ~ .... " ncVATllMS S/KlW fCRflM IlK RAUB tM nE: NATUIJAL GCDIEUC VCRrJCItL lMTUH U" 1~ LOT 139 BLOCK C Lor 140 BLOCK C LOT 141 BLOCK C THIS SLRVEY IS VALID IN ACQRIWCC WITH F.S. 627.7842. FOft .4 PeRIOD IT 90 1I4Y$ F1tIM YE: lMTE" IT CCRTlFlCATIm THIS SURVf:Y IS /!Dr AN AL TII/IICSH LANJJ TITLe SURvt:Y. /ID IJHIJCRGRWND IHPROVCHCNTS LIXATCD IN-CSS SHO'rIN. MJ TITLe SEARCH BY TIC SURVCYOR OR nRNlSHE:D TO THe SlRVCYOR BY a../VIT OR DncRS, LEGAL /JESCRJPTIaJ AS' FIRNlSHE:D BY CLlDfl OR OTfERS. DISCRU'~S BCrWffN PRfFD?TY LIICS or AD.D1N1NG PItRCCLS f<lJT VCRlPlCD UNLESS MJTf:D IC11UM. BEARINGS BASCD m ASstKD lMTIM LJNLrSS PLAT BEARIM:iS lIRE: INDICATED UN SKCTC~ ANGLES ReFeR TO THE ReCORD PLA T AND ARC BASED ON THE CENTERLI/E IT N.W'. 6th STi?CeT LOT 151!, BUICK C, JJ{]YNT~ HlLLS ACClRlJ1NG TO TIC PL.A T T~RCOF AS RCCDRJJClJ IN PLAT JJDDI( 4 AT PMiE 51 OF TIC PUJJLIC RITCRDS OF PN..H BEACH t:a..WTY. FLIJRIDA. THIS IS TO CERTIFY THAT A SUlVCY VAS PDlfTRPCD {J<J TIC f1?CPf:RTY DCSCRlBE:lJ HCRHlN UNIJCR NY RE:SPflNSIBLE: CHARGE AND THAT SAID SlRVCY IS DEPICTED HCRHlN. THIS SLlRVcr VAS ~ARCD FIR TIC OPt/CIT PfRPOSC OF OBTAINING A HCRTGAGE AND/fR nTLC f'a..ICY UCRCut UNLCSS STATED DTHDlV]SE ILRf:CW THIS SKETCH llF SlRVEY SI-ENS TIC ClWSTRUCTCD IHPRUVC1IENTS THAT 'JCRE: LDCII.TEJJ. THIS SlRVCY ]S BASED SflLELY UPDN THE: EXISTING HONUHCNTATI~ AS S/-IJVN HERE:ON. SUBLeT TD TIC fCJTE:S AND fElTATlTJIS H01HM I<TT1W THIS SUNCY ~lJ IN ctLlR. SlIi'VE"Y IS VDlD IF MJT IN ca.lR PfDTOClPY/NG FIRBlDDCN COPYRIGHTeD HATERIAL SU&ECT TO ANY DCIJICATICMS. LIHlTATllMS. RCSTRlCTTaiS. RnE:RVII.TICMS. NIllAR CASDfCNTS OF REClR/J. MJ DfNfINIITIaoI OF TlnL HA/JE: BY TIC SlIi'\I'EYllI? FWUWlCD "., ALAN ICLLSFELD LOT ARCA=44499 SDUAIK FErT (410 ACReSJ THIS SlIi'va lXLS #Ill' RCf1..E:CT OR DCTERH11E CNNCRSHIP. ~:P<:;;:4 ;n~ o FLOOD ZONE C COI.1I.1UNITY PANEL 120192~O'908 DATED: 8-2-99 (FLOOD ZONE ~8~, "C~ ~D~ & .X~ ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA.) SURVEY DATE : 1-26-D2 HAROLD NEED~ PLS '5~52 FOR RaTRCNCE OIL Y WT A VALID StliWcr lH.Ett SCALCl1 VIm NY DaDSSEJJ AND SIGNED IN ROJ lNJ( REVISIONS M & P LAND SURVEYORS PROFESSiONAL LANO SURVEYORS & MAPPERS P.O. BOX 770157 CORAL SPRINGS. FlORIDA 33077 954-240-8219 954-242-6067 FAX 954-340-8455 PROJECT NO: 1H-21007 ORA WN BY: HN CHECKED BY: HN EXHIBIT "E" P B Horizons, Inc. 701 NW 13th St. B I Boca Raton, Fl.33486 Special conditions, hardships, or reasons justifYing the variances: A) This is an odd shaped lot, which differs from most of the neighborhood lots, which are 50' wide by varying depths of 100' down to 70' B) This lot was sub-divided prior to P B Horizons purchasing it. Subsequent to the establishment of this lot, zoning requirements have rendered it unusable for a single-family dwelling. C) There are houses on similar sized lots in the district. The proposed house will be in keeping with the neighborhood. D) The present setback requirements present a hardship in that the lot is unbuildable. E) We have downsized the house to the dimensions of 28' X 50'thus allowing the greatest possible setbacks. By doing this we have fallen below the minimum sq. footage requirement for this zone, thus our request for the second variance. "" F) The house proposed will be an addition to the neighborhood. It will be new and landscaped which will be a great improvement over the existing vacant lot. . THE PROPOSED UNIT DIMENSIONS STILL MEET THE REQUIREMENT FOR MINIMUM LIVING AREA EXHIBIT "F" CondItions of Approval Project name: Boynton Hills Block CLot IS2 File number ZNCV 02-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS. Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Connnents: None PARKS AND RECREA nON Connnents: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING 1. Relief should apply to the subject property only as represented in Exhibit "C" of the staff report thereby limiting the minimum 7.S-foot rear setback to a comer of the unit, and precluding the application of this rear setback to the entire rear of the proposed structure. Conditions of Approval 2 I DEPARTMENTS I INCLUDE ! REJECT ! ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1 To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton HilIs\Blk C- Lot 152\Condition of Approval 2 page revised 2002 form.doc DEVELOPM' T ORDER OF THE CITY COMMlf 'IN OF THE ClfY OF BOYNTON BEACH, FLORIDA PROJECT NAME. Boynton Hills Subdivision, Lot 152, Block C APPLICANT'S AGENT Ash Bullard APPLICANT'S ADDRESS: 2644 Lorraine Court DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT Request two (2) variances to build a single-family home on a lot zoned R-1-A to include an 8.7-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front setback; and to include a 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear setback. LOCATION OF PROPERTY Boynton Hills Subdivision, Lot 152, Block C DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X 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 Planning and Development 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 "C" 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:\Planning\SHAREOIWP\PROJECTS\Boynton Hills\Oevelop.Order Boynton Hills Bk CLot 152.doc