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AGENDA DOCUMENTS Requested City Commission Meeting Dates o November 21, 2000 o December 5, 2000 o December 19,2000 o January 2, 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office November 9,2000 (5'00 p,m) o January 16,2001 o February 6, 2001 [8J February 20, 2001 o March 6, 2001 February 21, 2001 (5'00 p,m,) January 3, 2001 (5'00 p.m,) November 22, 2000 (5'00 p.m.) January 17,2001 (5'00 p,m) December 6, 2000 (5'00 p,m,) February 7, 2001 (5'00 p,m) December 20,2000 (5'00 p,m) o AdmmIstratIve [8J Consent Agenda o PublIc Heanng o BIds o Announcement o Development Plans o New Busmess o Legal o Unfimshed Busmess o PresentatIon RECOMMENDATION: Please place thIS request on the February 20,2001 CIty CommIssion Agenda under Consent Agenda. The Plannmg and Development Board with a 6-1 vote recommended that the subject request be approved. For further details pertammg to thIS request see attached Department of Development Memorandum PZ 01-014 EXPLANATION: PROJECT NAME AGENT OWNER, LOCATION DESCRIPTION GOLFVIEW HARBOUR (Guth Vanance) Fred Guth Fred and Evelyn Guth 1185 S W 27th Avenue Request for a vanance from City of Boynton Beach Land Development RegulatIOns, Chapter 2 _ Zoning, Section 5 C2.a, to place a screen enclosure at 5 feet from the property lme m lIeu of the 7.5 feet required by code for a single-family buildmg m a R-I-AA zomng dIstrict. PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A ALTERNATIVES: N/A :e(J,~~// lannmg and Zoning ector City Manager's Signature Development Department Drrector CIty Attorney / Finance / Human Resources IICH\MAIN\SHRDATAIPlanningISHAREDlWPIPROJECTSIGolfview Harbour Variance GuthlAgenda Item Request Feb, 20, 200l.dot S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMEN)t..dRDER OF THE CITY COMMISSIOl'f OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME FRED & EVELYN GUTH APPLICANT'S AGENT Fred & Evelyn Guth APPLICANT'S ADDRESS. 1185 SW 27th AVENUE DATE OF CITY COMMISSION PUBLIC HEARING February 20,2001 TYPE OF RELIEF SOUGHT. Side yard setback from property line LOCATION OF PROPERTY 1185 SW 27th AVENUE DRAWING(S) SEE EXHIBIT "C" 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 -2L 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 "0" 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. S:IPLANNINGISHAREDlWPIPROJECTSIGOLFVIEW HARBOUR VARIANCE\DEV ORDER SIDE SETBACK,QOC EXHIBIT "C" CondItIons of Approval PrOject name. Fred & Evelyn Guth FIle number: ZNCV-OI-OOl (sIde yard setback) fi Z C d V 1 d d Re erence omnl! o e anance Ann IcatIon ate Januarv 3 2001. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments None X UTILITIES Comments None X FIRE Comments: None X POLICE Comments None X ENGINEERING DIVISION Comments None X BUILDING DIVISION 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 2 To be determmed. S:IPLANNINGISHAREDlWPIPROJECTSIGOLFVIEW HARBOUR VARIANCEICOND OF APPR P&D SIDE SETBACK,DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-014 Staff Report for Planning and Development Board and City Commission Meeting Date: February 13, 2001 File No: ZNCV 01-001 Side setback from property line Location: 1185 SW 27th Avenue (Lot #7, Block 13, Golfview Harbour 2nd Section) Owner: Fred and Evelyn Guth Project: Pool screen enclosure addition to a single-family house zoned R-1-AA Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,C.2 a , to allow a two and one-half (2 5) foot reduction from the minimum of seven and one-half (7 5) foot side setback resulting in a five (5) foot side yard setback. BACKGROUND The subject property and neighborhood are currently zoned R-1-AA, single-family residential The property is located on the south side of SW 27th Avenue (see Exhibit "A" - location map) The applicant has requested relief from the above-referenced code requirements to allow for the continued existence of a pool screen enclosure addition in the rear yard The desired improvement along with the pool was built in 1998, resulting in the location of the enclosure at five (5) feet from the east property line instead of the minimum seven and one-half (7~) feet required in the R-1-AA zoning district (see Exhibit "B" _ pool plan) A permit and the corresponding inspection were approved for the pool and deck; the enclosure permit was applied for but never secured Due to the outstanding permit, the owner was contacted by the City's Building Division. In response to the contact, the applicant submitted the building permit plans in hopes of obtaining the necessary permits and rectifying the code violation Through this review process the non-conformity was identified, which is the reason for this application. Staff surveyed the area and it was observed that no other screen enclosure in this neighborhood appear to be encroaching into the current side setback of seven and one-half (7~) feet. Furthermore, City records show no other similar variances have been approved within this neighborhood 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. Page 2 File No ZNCV 01-001 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. (Exhibit "C" contains the applicant's response to the above criteria) The analysis of this request is focused on criteria "b" above It is assumed that the homeowner is ultimately responsible for any action on his behalf As such, the property owner is responsible for the outstanding enclosure permit. It is equally assumed that a contractor hired to do a job will know the code and will act in good faith As stated in the application, the homeowner trusted his contractor who, finished the job without securing the necessary permit, resulting in the creation of special conditions by encroaching into the side setback. Staff acknowledges that this situation is possible when the screen enclosure is not installed concurrent with construction of the swimming pool. The Land Development Regulations, Chapter II, Zoning, Section 11 E. SWIMMING POOLS, states "No swimmino 0001 shall be constructed closer than eight (8) feet from any orooerty line ....." and Section 11 F SCREEN ENCLOSURES, requires that: "All screen enclosures (screen walls and screen roof) shall comoly with buildino side yard setback.. ...". Within the R-1-AA zoning district, which has a minimum side setback of seven and one-half (7 }'2) feet, the pool is allowed to be placed one-half (1/2) foot closer to the property line than the screen enclosure Although the lesser setback for the pool is justified by its unobtrusive characteristics, if the pool is not setback to account for the screen enclosure setback, as well as the safety margin of 3 feet (Building Code requires a minimum of 3 feet of interior deck space between the pool edge and screen enclosure), insufficient space remains for the screen enclosure to be placed in a conforming manner It should be noted that the setbacks for these two related site improvements could be changed to minimize the potential conflicts, however, this action would require either an increase in the pool setback, or a decrease in the minimum side setback for a screen enclosure Depending on the zoning district and lot sizes, disadvantages could accompany either amendment. While staff may understand how this situation may, in part, result from less than a complete awareness of the city's regulations regarding screen enclosures and swimming pools, it is still a direct result of avoidable actions taken by the applicant. RECOMMENDATION Therefore, staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a , to allow a two and one-half (2.5) foot side setback variance within the R-1-AA zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements. 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 "0" Page 3 File No ZNCV 01-001 Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties For this reason, and to indicate the consequence of denial, staff offers the following information for consideration' 1 The subject improvement represents a minor addition to the home with no negative impact to the living area standard applicable to the subject zoning district, nor any measurable impact on adjacent properties, 2 Staff has received a letter of support signed by six (6) of the adjacent neighbors, including the owner of the property located immediately adjacent to the subject structure, 3. Due to layout of the site, full compliance would require substantial redesign of both the screen enclosure structure and the pool (to retrofit it with safety handles if inadequate interior desk space is provided) requiring significant cost; and 4 Given the existing location of the pool, and the minimum requirement for separation between pool and screen enclosure (3 feet), the subject request represents the minimum required to make reasonable use of the screen enclosure at its current location It should be stated that this analysis and recommendation were not influenced by the current existence of the improvement, nor does it support or justify construction of any improvement without a permit, or exempt the property owner from any penalty applicable to construction activity conducted without proper permits MR/JA Attachments S:IPlanningISHAREDlWPIPROJECTSIGolfview Harbour VariancelStaff Reportdoc 6.A.l GOLF VIEW HARBOUR (GUTH VARIANCE) VARIANCE DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-014 Staff Report for Planning and Development Board and City Commission Meeting Date: February 13, 2001 File No: ZNCV 01-001 Side setback from property line Location: 1185 SW 27th Avenue (Lot #7, Block 13, Golfview Harbour 2nd Section) Owner: Fred and Evelyn Guth Project: Pool screen enclosure addition to a single-family house zoned R-1-AA Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,C 2 a., to allow a two and one-half (2 5) foot reduction from the minimum of seven and one-half (7.5) foot side setback resulting in a five (5) foot side yard setback. BACKGROUND The subject property and neighborhood are currently zoned R-1-AA, single-family residential The property is located on the south side of SW 27'h Avenue (see Exhibit "AU - location map) The applicant has requested relief from the above-referenced code requirements to allow for the continued existence of a pool screen enclosure addition in the rear yard. The desired improvement along with the pool was built in 1998, resulting in the location of the enclosure at five (5) feet from the east property line instead of the minimum seven and one-half (7~) feet required in the R-1-AA zoning district (see Exhibit "B" _ pool plan) A permit and the corresponding inspection were approved for the pool and deck, the enclosure permit was applied for but never secured. Due to the outstanding permit, the owner was contacted by the City's Building Division. In response to the contact, the applicant submitted the building permit plans in hopes of obtaining the necessary permits and rectifying the code violation Through this review process the non-conformity was identified, which is the reason for this application. Staff surveyed the area and it was observed that no other screen enclosure in this neighborhood appear to be encroaching into the current side setback of seven and one-half (7~) feet. Furthermore, City records show no other similar variances have been approved within this neighborhood 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. Page 2 File No. ZNCV 01-001 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. (Exhibit "C" contains the applicant's response to the above criteria) The analysis of this request is focused on criteria "b" above. It is assumed that the homeowner is ultimately responsible for any action on his behalf. As such, the property owner is responsible for the outstanding enclosure permit. It is equally assumed that a contractor hired to do a job will know the code and will act in good faith. As stated in the application, the homeowner trusted his contractor who, finished the job without securing the necessary permit, resulting in the creation of special conditions by encroaching into the side setback. Staff acknowledges that this situation is possible when the screen enclosure is not installed concurrent with construction of the swimming pool The Land Development Regulations, Chapter II, Zoning, Section 11.E SWIMMING POOLS, states' "No swimminq 0001 shall be constructed closer than eiqht (8) feet from anv orooertv line....." and Section 11.F. SCREEN ENCLOSURES, requires that: "All screen enclosures (screen walls and screen roof) shall comolv with buildinq side vard setback.. ... ': Within the R-1-AA zoning district, which has a minimum side setback of seven and one-half (7 'V2) feet, the pool is allowed to be placed one-half (1/2) foot closer to the property line than the screen enclosure Although the lesser setback for the pool is justified by its unobtrusive characteristics, if the pool is not setback to account for the screen enclosure setback, as well as the safety margin of 3 feet (Building Code requires a minimum of 3 feet of interior deck space between the pool edge and screen enclosure), insufficient space remains for the screen enclosure to be placed in a conforming manner. It should be noted that the setbacks for these two related site improvements could be changed to minimize the potential conflicts; however, this action would require either an increase in the pool setback, or a decrease in the minimum side setback for a screen enclosure. Depending on the zoning district and lot sizes, disadvantages could accompany either amendment. While staff may understand how this situation may, in part, result from less than a complete awareness of the city's regulations regarding screen enclosures and swimming pools, it is still a direct result of avoidable actions taken by the applicant. RECOMMENDATION Therefore, staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a , to allow a two and one-half (2.5) foot side setback variance within the R-1-AA zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements. 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 "0" Page 3 File No. ZNCV 01-001 Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties For this reason, and to indicate the consequence of denial, staff offers the following information for consideration 1. The subject improvement represents a minor addition to the home with no negative impact to the living area standard applicable to the subject zoning district, nor any measurable impact on adjacent properties; 2. Staff has received a letter of support signed by six (6) of the adjacent neighbors, including the owner of the property located immediately adjacent to the subject structure; 3. Due to layout of the site, full compliance would require substantial redesign of both the screen enclosure structure and the pool (to retrofit it with safety handles if inadequate interior desk space is provided) requiring significant cost; and 4 Given the existing location of the pool, and the minimum requirement for separation between pool and screen enclosure (3 feet), the subject request represents the minimum required to make reasonable use of the screen enclosure at its current location It should be stated that this analysis and recommendation were not influenced by the current existence of the improvement, nor does it support or justify construction of any improvement without a permit, or exempt the property owner from any penalty applicable to construction activity conducted without proper permits MR/JA Attachments S:IPlanningISHAREDlWPIPROJECTSIGolfview Harbour VariancelSlaff Reportdoc LOCATION MAP Mr, GUTH Residence EXHIBIT "A" "" ~ or-:K 1- 1'-' - , l L~ >-_: : F-j~, V"'_.r c, ,_,__ ~'~>- IfE-: :,:' ~;:: ~~, " ~~ ;:-~:::j~ H-~~~~ " 'r': 'T , '1v~ ::L~- ",. 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'r. r , 28' ~ 8~~ G\:Ix m2.l>. ~~ :::!(l rm 8g: m D HR 4 HRS GUTf-l 1185 SW 2lTf-l AVE BOYTON BEACf-l, FL HSHElE, ~ c::::;, " HORNIER CONSULTING IENGINIEERS,INC 5755 POWERLlNE ROAD. 1FT. LAUIDERIDAl.1E IFL 33.309 PHONIE NO: (954) 772-4940 IFAX NO: (954) 772-6840 NA T IC"N-AL ~A.~ IN.6TrTU~ EXHIBIT"C" REQUEST FOR VARIANCE January 3, 2001 Mr. and Mrs. Fred H. Guth Golfview Harbour 1185 SW 27th Avenue Boynton Beach, Florida 33426 A. Because the pool screen was installed in 1997, it is a special condition and circumstance peculiar to and not applicable to other lands, structures or buildings in the same zoning district. B. We trusted the contractor (now deceased) for compliance with all building codes, according to our contract. C. We feel that the granting of the requested variance will not give us any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. D. It would deny the right to have the safety and health protections provided by this screened enclosure and would work unnecessary and undue hardship on the applicant to have the structure removed and replaced. SAFETY: Our yard is fenced except for the north section bordering a canal. The pool screen is added protection against a child or animal falling into the pool. HEALTH: The pool screen keeps out waterfowl and most insects. The screening is a hindrance to the entry of snakes and a possible deterrent to alligators. E. We think that the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. F. The variance will not be injurious to the area or otherwise detrimental to the public welfare. We have received many compliments about the screen enclosure. It is an asset to the community. ~ . (' . F }1./- (i~ {-/' )~fll/t7t ~7" /C-/ - #9~ C~ ftaz7~/< LOCATION MAP Mr. GUTH Residence EXHIBIT "A" ----., ~..---II ~ ~ . ~~}=J~ -' "--, c;:: '::::J ~r~, .. -~ L --tc'1'~ .-. - ; --".-J ~- ~~'-"_r c '-! :1:'~ '-' · . -".~ -::1- -- a.t:: - ~ i1 ,-. 0 "i',> ; iT _ r-' ~ r~;~J: ^""'ES OF ',...J~~r:=J"; .- '. 'S_'? I~ L_'..J I 'I-l-- -'-:~ ~:..~. ' -,-- <-,'~ ._,-:Jr~~""I:,;'1 ,-. ... .(~.--, ',_ ',_ ~:j)~~-~~ ~.~ 'y'ft: 't - '- ~~ . ~ ~ ~:.I::; , ,"~ ~, ~ '=== if../_::f'.r ,:1 'y:;:r..l~r, ..L ~;- ~, .. ~,...," ,,' .:~c: ._ '", "'+~f1j '\ .;:::....-;~ i'),~ JJ~ Y , ' ... .~. '":''''' '. ~:3 -r _ ~ ~C:---i~ :1 ' d ~., .. .. ,': =" ~1 (S;v /5/1" -,qvENC/E WQOL.8RIGNT ~UI7~ -"-'~'~ ~ '-;' '~~l: I ~ 11 / i II r- I R I.. II" ~~f::i} r,. ~ !TTl /,' -\ -- . --::', Lt;;;;.ii.1..J · ~~ 'I ) t::" '? J<..:\"~ ~ Ii; ~ ~I~:"" ~j 1 / PCIl-€3=; ~~ ~ .~~~~:,:: 1~., G~ -~ v , ~ ~2~~=: ~ ~I-fif 1" I~;: ~ ~~:~ .:: '~'T' ~7~~E~C:: ~~~~~' r0> ~ ~[ FlYC J,~,L____,___ "1f III I A\. v ~ '~XY. . ~ I~ ~,~~~~(f,Il! 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I I 'I II IT I I I I I ,. ~_ . 7 '/YN rR! 1 , to:. :%-.. -~ ~ " I f / I /. .... ! c......N...<- \ ./ ';.J ,I/.... '-1 MIL'=S(/ \ \ \ L-- ~ .... ~ -' 1 H [~~L 0 "-JUi" 1r- ~ , I t ~ --1 r I \..... I 1 , I I ' I I I ~ I I Ann 1/8 1 I I I C ",1' _I 1=r=r=T ~lJ & 0 ~ 0 r ~lJ r 1> z )ER; ~99-'22 OJ ;:: o ~ -<-> ~~@5 ;~~ ~~!J1 o:r:ti :""'<'0 '-~t= ~rii~ '" -< C) J: ~ DATE: 6-26-91 Swimming :1>ool EXHIBIT"B" :r: Ui;;;~ ~ a!!! D CD ~.. ~ m- r= "T1 5iD mm DR 9 D ~ z: Elm 0111 till tJ2" 1-112" II 15' , ", I ).1' I II' III Sl-lEET · I OF 2 m X Ui -; z: (;\ D m () 7\ iJi ,- '" -I>.: ::J n ';. 1l\ ~ ~ ,. ... ~ 28' g)~~ G':rx m2J>. ~~ ::!() t;m D(Jl m D u: HR ~ HRS GUT~ 1185 SW 2lT~ AVE BOlTON BEAC~, FL ~ HORNER CONSULTING ENGINEERS,INC '~5755 POWERLlNE ROAD. FT. LAUiDERIDAUE FL. 33309 J>. ~ 8'-9" HEHBE, ~ ~ PHONE NO: (954) 772-4940 FAX NO: (954) 772-6840 ""AT1~ ~....~ Il"'ot6TrT\J'T"'e: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO, PZ 01-004 TO: Sue Kruse CIty Clerk FROM: Michael W. Rumpf ~ 1"- DIrector of Plannm~~ 'Zomng DATE: January 22,2001 SUBJECT: Golf VIew Harbour (Mf. Fred Guth pnvate resIdence) Zomng Code Variance 01-001 Accompanying this memorandum you will find an apphcal10n and supporting documentatlOn for the above-referenced case. Checks m the amount of $400.00 to cover the review and processmg of this applicatIOn have been forwarded to the Fmance Department. The legal advertisement for this request w1l1 be forwarded to your office after review by the City Attorney. The requested vanance is scheduled for the February 13, 2001 Planmng and Development Board meetmg. Please advertise m the newspaper and notice to property owners accordmgly J:ISHRDA T AIPlanninglSHAREDI WPIPROJECTSIGolfview Harbour VarianceILegal notice,doc '- l"",,QUEST FOR PUBLISHING "" LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of thIS routmg 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 publishmg date requested below ORIGINATOR: Planning and Zoning PREPARED BY. Michael Rumpf DATE PREPARED January 22,2001 BRIEF DESCRIPTION OF NOTICE OR AD. Zomng Code Vanance for Mr. Fred Guth private residence to place a screen enclosure at five (5) feet from sIde property lIne in lIeu of the seven-and-one-half(7.5) feet required by code. Planning and Development Board meetmg to be held on February 13, 2001, at 7:00 p.m. at the CIty Hall CommIssIOn Chambers, 100 E. Bovnton Beach Blvd., Boynton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size ofHeadlme, Type SIze, SectIOn Placement, Black Boarder, etc ) STANDARD LEGAL AD SEND COPIES OF AD TO' All property owners (postmarked January 29,2001) wIthm 400 foot radius of the sublect property, applIcant and DIrector ofPlannmg and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: January 29,2001 LAST DAY TO FAX TO THE PAPER BY 3.00 P.M.: January 25,2001 APPROVED BY: (dA ~v' Joe ~"I!.[tl<fF (Ongmator) ell ;),2/0/ I ' (Date) (2) (CIty Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED. 1\ ...~ICE 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 heanng as mdIcated, under and pursuant to the prOVISIOns ofthe zoning code of saId City: Owner: Fred & Evelyn Guth Request: Request a variance from the City of Boynton Beach Land Development RegulatIOns, Chapter 2, Zonmg, SectIOn 5.C.2.a, to place a screen enclosure at five (5) feet from the property line m lieu of the seven-and-one-half (7.5) feet reqUIred by code for a smgle-famIly bUIlding m a RlAA zonmg dIstnct. Location: 1185 SW 2ih AVE Legal: Lot 7, Block 13 of Golf View Harbour 2nd Section 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 BL VD. BOYNTON BEACH, FLORIDA, ON TUESDAY, February 13, 2001, AT 7:00 P,M, All mterested parties are notIfied to appear at saId heanngs m person or by attorney and be heard or file any wntten comments pnor to the hearing date. Any person who decIdes to appeal any decIsion of the Planmng and Development Board wIth respect to any matter considered at these meetmgs 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. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST January 29,2001