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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" ~:-~~ -~l_:'~~~~ :~~7' ~J l(.=- . I_~ j:l/hl////-L i ,I I ~~ ++-1 jl i I In .f~/_.!.1/9=J~J -'-. ;- h 111 r i IA;'l-~- ~ ( - --r:-~ ' Jj 1/..1. ~/ t I ,~~ ~.c H7fj~ I I IL- -~ .,--. --;..-- .. - ~ ~' 7/~ ~ . . I ',J!f I i I--l_ - - - I -' <l { : I '1 -- ,. I,' '1/,/ E \ i Illl' 1-- L -I (I I ]Ii-~' 'l1 )'. ./ /1 /1 ~/ -1 c....P..(. ~<~ -,- j={ H- i I I I ) ==1, , , ,t. 1/ / J C -1 ----. d J. CIh I I \ ):l ~ t ' i - -- . _ T! I ; ) ~-I.- r ~ "1 A A I Ij \ - - f-- J J '0': ,/ \ '\ - f- -- ~ ; I I =+= !- I j PUI' - _ +-. I , \ /'" 1-'-- r R " / . :;:'" . . '\.:;: -;- I 1__ _' <t '-; E /~ . I r? 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""' a:: ~ o u ~ ~ Ii l- 0" l- V) :x w ~ cD. z ~ ~~ n~~ ! \~8 I <~ i / \ f, >>1 !I 11- :3~1 "'" "''' 0:> u ~::: '-'~ ~= ::>" -~ I:-'~ :x w ~ :.- ..n ~ \ ~ \ I / 9d W~9~ ~B 100c ~l ~ew 10G~0SLT9S 'ON X~d ~~ 128 ~~ ~>- ~o z.... wz . tl..- '" ,..., EXHIBIT "e" ~kill'~.!9\: ..,.I"--:-III.~ '. ~1\O -I':;; I"" ," .:::;1 I l"'.~''''i'- ' ~I!~I~:~IUJ V)::::lU !_ ~ '" ~ ~ ;r;". is ;l(j;:~ V;55=~v; ;t;~~~~ . ~~~~j-j~ t;~~~""'~~. 0 <l1i;~:=l\e~ ~ v.__~;::!5~2~ ~~~'3~~~i~ ~~t5~>ig~$; :!;:;~~~\.~V);!~ c~-lI'I./l=2o~ ~;:'~~iS'@s\:l~ ~l~"<;i-IIE>~~ ~~~~3~~frG. ~~tj~~c~~:7 u-i'iI'~~~.-.....::,1c, ,<:l~o...ti...,~~ ~~~~~~ti~Q ~~~(!:ffi~S~E ffi~~~~::~t; ~~01i~V'5~:l2. ~~G:;:![~~~'O z 2 'C;~11 ~ 0,1 ~ ~I\ .. " . ~I I' I 01 J ...l.."" L.?</t J -"liT ~ 1\ ~JI (, I ~ t ' 1) '-... oJ ":fj) ll~3S S ~jQQ ~JJa WJdd EXHIBIT "0" <r~-k-1Y't~+ at ~IXC'*( Cc-~'Dt-+,c~S .# .:s,- A, 'l~ ...e.&:',-s-k.,S S..e,~LJAII WI'S 1cM.' 14- PQ~+ 6N A4 fJAfct- ~-P t\--~ pr\apeR~ \ i Ne.. .&. ~ k ~ I sf. S,eAW.,q lJ UJA-S bu. d~ F RID R. -k 041{. puR..e"l\-S~ cP +lv.- h,QY't'\e . C ' Tk- VARIANe~ W~ i\ Nt.'1- l^+~~~ U..htk I ~'A<:-e^-r f'f!.~~, O,:tP ~ -Q'(IS+~) SeAWf\-1\ ~'$ S'\~+ iW'\{Jr{,Li~..P ~ _1f:l},j~Jl~ Ne0 S;eAt,.Jt-lJl 64.-l. loRC.kJAn.cJ. Wd'-~V4L),\+~417 __fA} L_._ _ 'lt~hl LA JlJL h~e.>..i. f;:. ljes E" 'jeS" / () nL\ --- 7771 ~ JV>>l~~ , iJ1 cv...cJ, \ ct 2 Q it 1 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