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REVIEW COMMENTS 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: Location: ZNCV 01-001 Side setback from property line 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 2ih 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 (7Y:z) feet required in the R-1-AA zoning district (see Exhibit liB" - 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 (7Y:z) feet. Furthermore, City records show no other similar variances have been approved within this neighborhood ANALYSIS 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 swimmina pool shall be constructed closer than eiaht (8) feet from any property line....." and Section 11.F. SCREEN ENCLOSURES, requires that: "All screen enclosures (screen walls and screen roof) shall complv with buildina side yard setback.... .': Within the R-1-AA zoning district, which has a minimum side setback of seven and one-half (7 Y:1) 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:IPlanningISHAREDlWPlPROJECTSIGolfview Harbour VariancelStaff Reportdoc ( ;; ~ ) LOCATION MAP Mr. GUTH Residence EXHIBIT "A" ~ '01",'""'1- · .--. 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LAUIDIERDALIE IFL. 33309 PHONIE NO: (954) 772-4940 IFAX INlO: (954) 772-6840 8'_~1I MEMSE ~ ~ N....TIONA.L. fM-A. r-oot... IN6TI'TUT1! 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 IV; {J, Jcl/~ ~. /C-/ . #-cf~ C/ paz/Z./ EXHIBIT "D" Conditions of Approval Project name' Fred & Evelyn Guth File number: ZNCV-OI-00l (sIde yard setback) R fI Z C d V A I d dJ 3 2001 e erence: omnl! o e anance \.DDllcatlOn ate anuarv 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 FORESTERlENVIRONMENTALIST Comments. None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determmed ADDITIONAL CITY COMMISSION CONDITIONS 2 To be determmed. S:IPLANNINGISHARED\WPIPROJECTSIGOLFVIEW HARBOUR VARIANCEICOND OF APPR P&D SIDE SETBACKDOC