REVIEW COMMENTS
7.A.3
DUFOUR VARIANCE
ZONING CODE VARIANCE
DEVELOPMENT SERVICES DEPARTME~T
MEMORANDUM NO. PZ 01-066
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
April 24, 2001
File No:
ZNCV 01-006 - seawall construction
Location:
926 SW 38th Court, Boynton Beach
Owner:
Judge Kathryn DuFour
Project:
Building a seawall partially outside the property line.
Variance
Request:
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 6, Required Improvements, Section 8, requiring
construction of a seawall along the property line, to allow construction of a
seawall adjacent to an existing seawall with a variance of 10.83 feet.
BACKGROUND
The subject property and nearby neighborhood is currently zoned R-1-AAB, single family
residential. The lot is in the subdivision known as Lake Eden Subdivision Plat No 2, and is
developed in conformity with the R-1-AAB zoning district requirements. The rear yard of the
property has frontage along Lake Eden (see Exhibit "A" -location map). City records show that
a number of variances have been previously approved for properties within the Lake Eden
Subdivision, but none for seawall location
When the Lake Eden Subdivision Plat NO.2 was platted in 1970, the shoreline was not
uniformly bulkheaded, leaving the construction of individual seawalls to respective property
owners The existing dwelling on the subject property was built in 1976, and the existing
seawall was built some years later, following further erosion of the shoreline The seawall was
not built along the property line as required by code, rather it was built traversing the rear
property line within the subject property by 9 83 feet at the easternmost end, and encroaching
the lake area by 9.83 feet at the westernmost end (see Exhibit "B" - survey). The location of the
existing seawall is likely a factor of the configuration of the shoreline which had been partially
eroded within the property line at time of construction The applicant (current owner) purchased
the property in 1997 with the existing seawall in place. According to the applicant, the seawall
has been damaged by the natural effects of the water and is therefore in need of replacement.
The applicant is proposing to reinforce the existing seawall with the construction of a new
seawall placed at a distance of one (1) foot from the existing structure at its western end (or a
total distance of 10.83 feet from the property line). Due to the outward bow in the existing
seawall, the proposed seawall would extend further from the existing seawall at the eastern
end; however, it would be located within the property line, and therefore within the legal limits of
the code (see Exhibit "C" - wall detail) The location of the new seawall outside the property line
requires the subject variance.
Page 2
File No ZNCV 01-006
ANAL YSIS
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 has conducted this analysis focusing in the applicant's response to the above-criteria
contained in the Exhibit "D".
It is the opinion of staff that the existing non-conformity is the responsibility of the current
owner, despite it being in place when acquired (see Exhibit liB") However, staff also
acknowledges that the approval of this variance would allow the continued maintenance of the
shoreline through the construction of a new seawall to reinforce the existing one, therefore
avoiding further erosion of the property into Lake Eden. This action satisfies criteria "e" and "f'
above. Items "e" and "f' essentially require that the request represents the minimum possible
deviation from City regulations to make possible a reasonable use of a structure, and at the
same time not being injurious nor detrimental to the public welfare
Staff inspected the area and it was noted that most properties fronting the lake are bulkheaded,
and include a small dock constructed along the water line. An exception to this finding is the
parcel adjacent to the west of the subject property which lacks waterfront shoreline (it contains
only approximately 25 feet of dry lakefront). It is the position of staff that no negative impacts
on adjacent properties or navigational flow will be created by the proposed variance and
seawall
CONCLUSIONS/RECOMMENDATION
Staff concludes that the approval of the requested variance is necessary for maintenance of the
shoreline, and will allow for the continued reasonable use of the lake and property.
Furthermore, staff feels that the applicant has met hardship criteria "b': "e': and "f' above, as
Page 3
File No. ZNCV 01-006
1) The improvements proposed are necessary for proper maintenance of existing property;
2) the proposed seawall is to be placed immediately opposite the existing seawall thereby
minimizing the variance needed; and
3) as the intent to minimize impact upon the water amenity is met and the variance would
not be injurious to the area or detrimental to the public welfare
It is noteworthy that the applicant has received permit approval or exemption from DEP and
LWDD Lastly, two adjacent property owners have written in support of the subject request,
including that owner of the property to the west of the subject property, and no objections have
been received by staff.
Based on the analysis and conclusions herein, staff recommends that the request for a
variance be approved. This variance would allow the proposed seawall to be constructed
partially outside the subject property line, a distance of 10 83 feet at the westernmost corner of
the property 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
"En
MR/dim
S:IPlanningISHAREDlWPIPROJECTSIDuFour VariancelSTAFF REPORT.doc
EXHIBIT "E"
Conditions of Approval
PrOject name: Dufour Vanance
File number ZNCV 01-006
Reference' ZomnQ" Code Vanance
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments NONE
FIRE
Comments NONE
POLICE
Comments' NONE
ENGINEERING DIVISION
Comments. NONE
BUILDING DIVISION
Comments' NONE
PARKS AND RECREATION
Comments NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments. NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
COMMENTS. NONE
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1 To be determmed.
MWRfblw
J'\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND OF APPROVAL DuFour 04-24-01.DOC
LOCATION MAP
Du Four Residence
EXHIBIT "A"
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14
Boynton Beach Code
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Mmimum sIde yard
Minimum rear yard
Maximum structure height
200 feet
One (1) acre
50 feet
50 feet, each side
50 feet
45 feet, not to
exceed four (4)
stories
3 Off-street parking As provided in
Section 11- H hereinafter.
I. REC RECREATION DISTRICT. These
district regulations are intended to apply to those
existing and proposed recreational areas not located
in planned unit developments Included in these
areas are both public and private recreational tracts
and the waters of Lake Worth and the Intracoastal
Waterway. It is the specific intent of these
regulations to preserve recreational areas for current
use and for the future, consistent with the
comprehensive plan and with the subdivision
regulations .
1. Uses permitted. Within any REC,
Recreation District, no building, structure, land or
water shall be used except for one or more of the
following uses'
a. All public, private and semi-
private recreation areas, including parks,
playgrounds, clubs and golf courses;
b. All non-profit entertainment or
athletic facilities, including beaches, marinas,
campgrounds, stadia and playing fields, swimming
pools and community centers;
c. All water-based activities
mcidental to the use of the Intracoastal Waterway and
1997 S-5
the waters and shores of Lake Worth;
(~
d. Preservation or conservation uses
intended to maintain the general openness or
vegetation of the land for environmental, educational,
archaeological or open-space reasons.
1A. Conditional uses allowed. All profit or
non-profit uses or enterprises considered ancillary to
any of the above permitted uses.
lB. Uses requiring environmental review
permit. Any use listed under 5.1.1. which uses,
handles, stores or displays hazardous materials, or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structure height
100 feet
one (1) acre
25 feet
25 feet, each side
25 feet
45 feet, not to
exceed four (4)
stories
3. Off-street parking.
Section ll-H hereinafter.
As provided in
J. PU PUBLIC USAGE DISTRICT. These
district regulations are intended to apply to those
areas within the city whose ownership and/or
operation is public or whose use is largely publicly or
institutionally oriented, exclusive of those areas whose
use is primarily recreational.
1. Uses permitted. Within any PU, Public
Usage District, no building, structure, land or water
shall be used except for one or more of the following
uses