LEGAL APPROVAL
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME' Ream Variance
APPLICANT'S AGENT' Peter & Stephanie Ream
APPLICANT'S ADDRESS: 710 SW 27th Avenue Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION. June 3,2003
TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C 2.a, requiring a
minimum rear yard setback of 25 feet for a single-family home within the R-1-AA zoning district, to
allow for a variance of 5 foot, and a rear yard setback of 20 feet.
LOCATION OF PROPERTY. 710 SW 27'h Avenue
DRAWING(S)' SEE EXHIBIT "B" 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
TH IS 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
lL 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
L GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order
6
DATED:
-0:3
7
Other
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EXHIBIT "A"
Ream Variance ZNCV 03-004
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EXHIBIT "B"
Statement of special conditions, hardships or reasons justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F)
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.
We bought our house from a previous owner At the time we had 1 child.
The main house has 2 bedrooms and 2 baths. The previous owner laid the
patio at the 20-foot setback. If we could extend an addition to the
patio this would give us enough room to add an addition that would make
room for our future family members (a new baby on the way!). This would
not be an addition across the entire back of the house. It would be on
one side of the house measuring 22 feet, 10 inches across the back of
the house. The yard is completely fenced in with a hedge around it
This blocks the views of our neighbors from us and us from them.
B. That the special conditions and circumstances do not result
from the actions of the applicant;
Again we did not build this house and have tried to find other ways to
deal with this, besides having to sell our home and move (and we love
our neighborhood) !
C. That granting the variance requested will not confer on the
applicant with any special privilege that is denied by this Ordinance
to other lands, buildings or structures in the same zoning district;
There are many other homes in the neighborhood that do not have the
same setback restrictions. I also have letters of support from
surrounding neighbors in regards to our planned addition.
D. That literal interpretation of the provisions of this chapter
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;
Again, there are many other homes in the neighborhood that do not have
the same setback restrictions. I had the city clerk's office pull all
of the variances granted in the Chapel Hill neighborhood and many have
been granted over the years.
.'
E. That the variance granted is the minimum variance that will
make possible the reasonable use of land, building or structure;
I have spoke to an architect and we tried to figure all of our options.
The way the house is laid out we would be able to build the addition
with only needing to obtain a 5-foot variance to make a comfortable
bedroom and bathroom for our new baby and future children r feel this
would accommodate our family after the birth of our second child and
any there after for many years to come We are a young couple and would
like for our children to grow up in this home.
F That the granting of the variance will be in harmony with the
general intent and purpose of this chapter and that such variance will
not be injurious to the area involved or otherwise detrimental to the
public welfare.
The yard is fully private because of the fence covered by the hedge.
The addition would blend with the rest of the house, and would make it
both look attractive from the outside and be functional on the inside
Again other homes is the same area were not required the same setbacks
EXHIBIT "B"
uT.ON LAND SUR"'="ORS
EXHIBIT "C"
500 Gulfstream Boulevard · Suite #1 03B
Delray Beach, Aorida 33483
Office: 561 27~7575 . FAX: 561 276-6621
AJJRJD^ Sf ^lE OC>MD OF I'ROf'ESilONN. 9..Jt VF.YORS AND MN'f'IJtS NO.I.B0007114
(50' TOTAl RjW.)
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500 Gulfstream Boulevard . Suite r;.~QEOSED SITE PLAN
Delray Beach, Aorida 33483
Office: 561 276-7575 · FAX: 561 276-6621
FLORJD^ Sf ATE BONW OF PROf'FSSION^-I.. ~lR VEYORS AND ,'MI'f'I JtS NO.IJ30007IH
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EXHIBIT "D"
ConditIOns of Approval
Project name: Ream Variance
File number: ZNCV 03-004
Reference"
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments. None X
PUBLIC WORKS- Traffic
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/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
ConditIons of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments.
1 None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
1. To be determined. '1\. hV. 0
S:\Planning\SHARED\ WP\PROJECTSIReam Variance\COA,doc
S:\PlanningIPlanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc