REVIEW COMMENTS
6.C.l
FOOKES SHED (ZNCV 02-014)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #02-214
Staff Report for
Planning and Development Board and City Commission
Meeting
Date:
October 4, 2002
File No:
ZNCV 02-014
Location:
3220 Canal Drive (Lot 5, Block 9, Chapel Hill)
Owner:
Kevin and Anna Fookes
Project:
Storage shed addition to a single-family house zoned R-1-AAB
Request:
Relief from Land Development Regulations Chapter 2, Zoning Section 4 B 2. requiring a
detached storage structure not exceeding one hundred (100) square feet in area and
seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and
side property lines providing that no easement rights are abridged, to allow a variance of
1 5 feet and an 8 5 feet high storage shed in a residential zoning district.
BACKGROUND
The subject property and neighborhood are currently zoned R-1AAB, single-family residential, and within
the Chapel Hill subdivision. The property is located on the east side of Canal Drive The existing lot
dimensions are the same as approved by plat in 1954 (see Exhibit "A" - Location Map) The applicant
has requested relief from the above-referenced code requirement to allow for the continued existence of
a 96 square foot and 8 5 feet high storage shed built at the southeast corner of the subject property. The
storage shed measures eight (8) feet by twelve (12) feet, and is eight and one-half (8 5) feet high (see
Exhibit "B" - shed plan) For a shed with those dimensions the code requires a twenty-five (25) foot rear
yard setback and ten-foot (10) side yard setback. 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. The applicant placed the
storage shed at 3 feet from the side property line and 4 5 feet from the rear property line encroaching
into a five (5) foot utility easement located at the rear of the property (see Exhibit "C" - survey/site plan).
Although the storage shed is less than one hundred (100) square feet, it is eight and one-half (8 5) feet
in height and encroaches into a five (5) foot utility easement located along the rear property line It
should be noted that Chapter 2, Zoning Section 4 B 2 does not allow any encroachment of utility
easements. Further, the City's Department of Public Works, Engineering Division issued a memorandum
indicating their position in regard to the placement of improvements in utility easements or public rights-
of-way (see Exhibit "0" - Memorandum No 02-212).
The owners did not apply for a permit for the shed. Consequently, Code compliance issued a citation for
the construction and location of the shed In response to the citation, the applicant has submitted this
variance request to rectify the situation If approved, the owners would then be required to obtain all
necessary building permits
ANAL YSIS
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.
Page 2
File No ZNCV 02-014
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.
The applicant's responses to the above criteria (see Exhibit "0"), 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;
2. The subject parcel's size and dimensions, as approved by plat, meet the current code
requirements for a R-1AAB zoned lot; and
3 The variance is made necessary by actions taken by the applicant.
Staff does concur with the applicant that the subject structure is not entirely visible from adjacent
properties Fences and tall hedges separate the adjacent properties to the north and east, which limits
any views to the subject property. However, this storage shed is clearly visible from Canal Drive Staff
feels that the variance request would not have been necessary if the applicant had applied for a building
permit as required. During the permit review process, the applicant would have been informed of the
code regulations regarding the size and proper placement of this storage shed in this zoning district.
Staff realizes through this analysis that the owner has limited options for this storage shed. The proper
placement of a structure of this height is limited by the existing house layout on the property, the district
setback requirements, and additionally, Chapter 2, Zoning, Section 4 B 1 which requires a twelve (12)
foot separation between the principal and accessory buildings.
Staff surveyed the surrounding area and found that none of the adjacent properties have similar sheds
in place City records show that a total of four (4) properties within the Chapel Hill subdivision have been
the subject of variances approved since 1968 with only one (1) for a rear setback.
RECOMMENDATION
Staff recommends that this request for relief from Chapter 2, Zoning, Section 4 B, to allow a 85 feet
high storage shed in a within the R-1-AAB 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, if this variance is approved
1. The applicant must immediately apply for, and obtain all required building permits,
2. The applicant must relocate the storage shed out of the utility easement, and locate it at a
minimum of five (5) from the rear property line; and
3 The applicant must landscape the side of the property where the shed is visible from Canal
Drive.
Any conditions of approval added by the Planning and Development Board or City Commission will be
placed in Exhibit "F"
MRlMOA - Attachments
S:IPlanningISHAREOIWPIPROJECTSIFooke Shed Variance ZNCV 01-0101STAFF REP variance setback.doc
,
REC
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FOOKES STORAGE SHED VARIANCE
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EXHIBIT "0"
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIV~SION
MEMORANDUM NO. 02-212
TO
Maxime Ducoste-Amedee, Planner, Planning & Zoning
FROM
Laurinda Logan, P E , Senior Engineer, Public Works/Engineering
DATE
October 22, 2002
RE
Fookes Variance
ZNCV 02-014
Easements
Max,
In response to your request of 10/21/02 for confirmation regarding allowable use(s) within utility
easements I can offer the following
o The LOR, Chapter 7 5, Article I, Section 18 1 give public utilities the authority to remove any trees
that interfere with utility services, either in utility easements or public rights-of-way
o The Utilities Engineering Design Handbook & Construction Standards, Chapter 1, Article I,
Section E 2 states that "Easements should allow unhindered access to all Department facilities
and mains"
I also spoke with Pete Mazzella, Assistant Director, Utilities, who tells me that he is unaware of any
specific written prohibition in the Code or LOR regarding construction within an easement. He went on to
say that it is only common sense that construction of a structure within a right-of-way is a direct conflict
and that Utilities has never allowed it. As you also know they are selective about the vegetative matter
that is allowed in utility easements
I hope this was of help Please let me know if you have any additional questions
LUck
XC. Jeff Livergood, P E , Director, Public Works (via e-mail)
Pete Mazzella, Assistant to Director, Utilities
H David Kelley, Jr , P E./ P S M , Utility Engineer, Engineering (via e-mail)
File
S'IEngmeeringlKribslFookes Vanance.doc
EXHIBIT "E"
STATEMENT
When a contract was made on the property at 3220 Canal Drive, Boynton Beach, FL it was
determined that the existing Metal Shed was not safe, plus an eye sore This structure is
old,
rusty and ready to collapse. There are several of these old metal shed's in the
neighborhood,
which should also be torn down, for safety reasons.
There is no garage or attic space for personal storage, such as lawn equipment, storage
containers
with decorations, etc This is very much so needed
Since there was no storage space, we purchased a Personal Storage Shed from 'Hitching
Post' out of Delray Beach at a cost of $1700+ for an 8x12 unit. Hitching Post then
delivered
this shed and placed it in the corner of our property boundaries of 3 foot on one side and
4 5 feet on the other They then anchored this into the ground The corner of our property
was
the only spot to place this shed without placing it in the middle of the yard which would of
not only been an inconvenience but also an extreme eye sore
1 Our extreme back neighbor has a 7 foot PVC privacy fence, which they can only see the
very top of the
shed Our neighbor to the left has privacy trees, which she can only see the very top And
our
neighbor to the right indicated that it was a very nice shed and they do not have a problem
with it
being there, plus there is also trees blocking the majority of the view
This shed has been approved by the 'Department of Community Affairs' out of Tallahassee
with a sustained Wind Load of 150 mph. All papers supporting this are attached to this
application.
If there is a problem, you can contact them directly to obtain the specifications.
This shed is in 'NO' way a problem for any other party to be concerned with This is not
distrupting any
other parties property It's not in the front yard It is in the back corner of our property
Yes, you can
see this from the front street, but once we are able to do the Landscaping this will not be
seen
We very much need this storage shed and would greatly appreciate your approval
Thank You!
~~~L
Anna B Fookes 8-19-02
EXHIBIT "F"
Conditions of Approval
PrOject name. Fookes shed vanance
FIle number ZNCV 02-014
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
Comments. None
PARKS AND RECREATION
Comments. None
FORESTER/ENVIRONMENTALIST
Comments. None
PLANNING AND ZONING
Comments. None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments.
1 To be determmed.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
1 To be determmed.
S"\Planning\SHARED\VvP\PROJECTS\Richardson DupleXclNCV\Condition of Approval.doc
DEVELOP :NT ORDER OF THE CITY COMri '''SION OF THE
CITY OF BOYNTON BEACH, FLOMoA
PROJECT NAME' Fookes Variance
APPLICANT'S AGENT Kevin & Anna Fookes
APPLICANT'S ADDRESS 3220 Canal Drive Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION November 19, 2002
TYPE OF RELIEF SOUGHT Relief from Land Development Regulations Chapter 2, Zoning Section 4 B.2.
requiring a detached storage structure not exceeding one hundred (100) square feet in area and
seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side
property lines providing that no easement rights are abridged to allow an 8 5 feet high storage
shed in lieu of seven (7) feet in height as required by code in a residential zoning district.
LOCATION OF PROPERTY 3220 Canal Drive (Lot 5, Block 9, Chapel Hill)
DRAWING(S) SEE EXHIBIT liB" ATTACHED HERETO
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:IPlanni nglSHAREDlWPIPROJECTSIF ookes VariancelOevelop.Order Form-2002-Revised .doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 02-212
TO
Maxime Ducoste-Amedee, Planner, Planning & Zoning
FROM
Laurinda Logan, P E., Senior Engineer, Public Works/Engineering
DATE
October 22,2002
RE
Fookes Variance
ZNCV 02-014
Easements
Max,
In response to your request of 10/21/02 for confirmation regarding allowable use(s) within utility
easements I can offer the following
D The LOR, Chapter 7 5, Article I, Section 18 1 give public utilities the authority to remove any trees
that interfere with utility services, either in utility easements or public rights-of-way
D The Utilities Engineering Design Handbook & Construction Standards, Chapter 1, Article I,
Section E 2 states that "Easements should allow unhindered access to all Department facilities
and mains"
I also spoke with Pete Mazzella, Assistant Director, Utilities, who tells me that he is unaware of any
specific written prohibition in the Code or LOR regarding construction within an easement. He went on to
say that it is only common sense that construction of a structure within a right-of-way is a direct conflict
and that Utilities has never allowed it. As you also know they are selective about the vegetative matter
that is allowed in utility easements
I hope this was of help Please let me know if you have any additional questions
LUck
Xc: Jeff Livergood, P E , Director, Public Works (via e-mail)
Pete Mazzella, Assistant to Director, Utilities
H David Kelley, Jr , P E./ P S M , Utility Engineer, Engineering (via e-mail)
File
S -\Engineering\Kribs\F oakes Variance. doc
JOHN I. ROGERS
714 Hillcrest Road
Boynton Beach, FL 33435-8129
telephone:561-732-9991
Fax:561-732-4035
7one4@msn.com
October 12, 2002
Planning and Zoning Department
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Sirs,
We wish to object to the application of Kevin and Anna Fookes to place a storage shed
within the required setback from the rear property line
First, it sets a precedent that is not acceptable in our subdivision and second, there is a 6 0
foot utility easement that should be observed. It is my understanding that it was installed
without a permit and does not meet the city code in it's installation, which, if true, would
require a reinstallation anyway
We will be away when this comes to a public hearing, hence our letter in lieu of our
attendance.
. ce !y. ~
Rogers (flP c~~~
e~
rei 15.
L_ ;
CHAPEL HILL
ADDRESS HEARD REQUEST
ON
LOTS 44 & 45 09/09/68 REDUCE FRONT FOOTAGE
BLK 11 GRANTED MICHAEL J. BOVE
LOT 57 12/28/70 REDUCE SIDE SETBACKS
BLK 11 GRANTED DR. A. WM. DOMEYER
LOTS 25-27 08/28/72 REDUCE REAR SETBACK
BLK 11 GRANTED DR. & MRS. LLOYD E. LARRICK
LOT 6 9/10/73
BLK4 TABLED REDUCE SIDE SETBACK
10/15/73 DR. HAROLD J. LYNCH, JR.
GRANTED
LOT 45 12/10/73 REDUCE FRONT FOOTAGE
BLK 11 GRANTED MR. & MRS. FREDERICK HACHENBERG
LOTS 10/22/02 REDUCE REAR SETBACK TO ALLOW AN
BLK 9 8.5' STORAGE SHED 4.5' FROM THE REAR
PROPERTY LINE ALLOWING A VARIANCE
OF 20.5'
Kevin & Anna Fookes
S. \CC\WP\Indexes & distribution listsWariance Log\CHAPEL HILL.doc
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