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AGENDA DOCUMENTS ~,n_~<;;; i \ , , , , : ' ~ :. c;:. \ /.:r '0\ IV '.. )p'\'-" ../// <:;- / ^, ~ < 'I'ON C> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April I, 2003 March 17,2003 (Noon.) l'8J June 3, 2003 May 19,2003 (Noon) 0 April 15, 2003 March 3 1,2003 (Noon) 0 June 17,2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14, 2003 (Noon) 0 July 1,2003 June 16,2003 (Noon) 0 May 20, 2003 May 5, 2003 (Noon) 0 July 15, 2003 June 30, 2003 (Noon) 0 Admirustrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation l'8J Consent Agenda 0 Public Hearing 0 Code Comphance/Legal Settlements 0 UnfIrushed Busmess RECOMMENDATION: Please place this request on the June 3, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-108. EXPLANATION: PROJECT- AGENT. OWNER: LOCATION: DESCRIPTION Ream Variance (ZNCV 03-004) Peter and Stephanie Ream Peter and Stepharue Ream 710 SW 27th Avenue Request for relief from Chapter 2, Zonmg, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning District, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNATIVE : N/A NIA NIA ent DIrector City Manager's SIgnature 11, (J 7 ---I~_ Plannmg and Zoning ctor City Attorney I Finance I Human Resources 1'ISHRDATA\Planning\SHARED\WP\PROJECTS\Ream Variance\Agenda Item Request Ream Variance ZNCV 03-004 6-3-03,dot S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC .,.,.vor- e; ~....'~~..~.-..~'.~,.-;. ~ J- ,...- -,...,. Ij; ,... - ,'. ~ . ro~ e The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard POBox 310 Boynton Beach, Florida 33425-0310 TEL. 561-742-6260 FAX. 561-742'6259 June 9, 2003 www.boynton-beach.org Mr. and Mrs. Peter Ream 710 S.W. 2ih Avenue Boynton Beach, FL 33435 Re: For: File No. Location: Ream Variance Variance ZNCV 03-004 710 S.W. 2ih Avenue Dear Mr. and Mrs. Ream: Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03- 004, which represents approval of your request for relief from Chapter 2, Zoning, Section 5.C.2. 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 feet, and a rear yard setback of 20 feet. The City Commission approved this variance on June 3, 2003. Rectified site plans including the "Conditions of Approval" must be submitted to the Building Department orior to, or along with first permit request. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, i)$Lp/e Michael W. Rumpf Director of Planning & Zoning MWR: ad Attachment: Development Order Conditions of Approval 5 \Planning\SHARED\WP\PROJECTS\Ream Variance\Approval form letter after CC new.rtf DEVELOPlV' ~T ORDER OF THE CITY COMMI' ION OF THE t:iiY OF BOYNTON BEACH, FLORlLj~ fI /'" PROJECT NAME Ream Variance APPLICANT'S AGENT Peter & Stephanie Ream APPLICANT'S ADDRESS. 710 SW 2ih 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 2ih Avenue DRAWING(S)' SEE EXHIBIT liB" 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 LHAS 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED. fr,- -0:3 7 Other S '\Planning\SHAREDlWP\PROJ ECTS\Ream Variance\DO.d ( , EXHIBIT "B" Statement of special conditions, requested exception or variance (A-F) hardships or reasons justifying the Respond to the six (6) questions below 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. 8. 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. EXHIBIT "D" CondItions of Approval PrOject name Ream Vanance Flle 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 ul.aN LAND SUR~~ORS EXHIBIT "e" 500 Gulfstream Boulevard · Suite #1036 Delray Beach, Florida 33483 Office: 561 276-7575 · FAX: 561 276-6621 FLOfUD^ Sf ^ lE BOARD Of rn..orE:SOf"oW... 9JR VF.YORS AND t-.W'J'f JtS NO. 1.J3OClO7114 (50' TOTAl R!*.) S.W. 27th AVENUE -------~----- 20' P A ~MENT O'l ~ u o -l en ~- o ,." ::2E d U") o U"i N o U"i N IS' PARKWAY 15' FlR. 1/2" No 1.0. 170.80' (M) -~ FlR. 1 /2- No 1.0. BLOO< CORNER FlR. 1/2- No 1.0. <0 O?, 19.10' .~l ~..... ~J.! 111 't't't ~~! 7.80' 2 17.8' 22.20 b Poo.. ~ N::;E .l.C1 l.C1 1-STORY Res. , 710 N CONC. U"i 27.70' - o o .- .- 0") ~ u e -l CD o. 0.60' 14.35' '0 r- 4600' ..; ~ ;.... 14.2 ..n CONC. 19.8' l- e -l fii Ii ~!I -<0 f~'t a.. il P ~ S 'f" j...! ~ AJ~ UJ I I I ~ 1:::>< ~ III .- .- .- 7.70' l- e -l 0.40' 0.80' 6' U.E. 0.80' FlR. 1/2- No 1.0. ----------------- FlR. t/2 No 1.0. 80.00' (M) o .. o. L .-;- ~ o. i- Scale: I II ': 20 . LOT 6. BLOCK 9 SHEET Z OF 2. SHEETS @ MANHOLE (M.H.) Ii:D CATCH BASIN (C.B.) I' _ Jl.Nrl-lnR fl GUY -Legend- tJ FIRE HYDRANT (F H,) o WATER METER (W M ) ~ CABLE TV. (CATV.) BENCHMARK REFERENCE: fViA DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-108 Staff Report Planning and Development Board and City Commission Meeting Date: May 27, 2003 File No: ZNCV 03-004 Location: 710 SW 2ih Avenue (Lot 11, Block 9, Forest Hills Subdivision) Owner: Peter and Stephanie Ream Project: Rear addition to an existing single-family dwelling Variance Request: Request 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 single-family residential (R-1-AA) zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. BACKGROUND The subject property and surrounding neighborhood is zoned R-1-AA, single family residential (see Exhibit "A" - Location Map). The lot, developed in 2001, conforms to the current R-1-AA zoning district building and site regulations Currently, the subject neighborhood is mostly developed. The property is located at the south side of Southwest 2ih Avenue with a depth of approximately 110 feet and a frontage of 80 feet. Staff surveyed the area and it was observed that the majority of properties along the south side of SW 2ih Avenue comply with the minimum rear setback requirement of 25 feet, as estimated by the straight alignment of the rear building lines with few exceptions The subject variance is requested because the applicant intends to expand the existing single-family home with a bedroomlbathroom addition (approximately 317 square feet) This planned expansion is consistent with new construction and redevelopment projects observed throughout the city 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 Ream Variance File No. ZNCV 03-004 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 "S" contains the applicant's response to the above criteria) Staff conducted the analysis focusing on items "a", "b" and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. According to the applicant's response to the above-criteria, the applicant stated that other properties in the neighborhood do not have the same setback restrictions Therefore, the applicant feels that he is also entitled to the same privilege, and accordingly, has provided a proposed site plan depicting the proposed addition (see Exhibit "C" - Survey and Proposed Site Plan) Staff researched City records and was unable to confirm that any similar variances for setback reductions have been granted within close proximity to the subject property. In the last twelve (12) years, two (2) variances for rear setback reduction have been submitted, and both have been denied due to lack of hardship The subject request has been initiated for the sole expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances Given that the subject property has been improved with a single-family home, and occupied since 2001, and since most other lots in the immediate vicinity have dimensions similar to the subject lot, criteria items "a", "b", "c" and "e" are not met. Further, since the necessity of the variance has been caused by the proposed home expansion, condition "b" above is also not satisfied Staff has observed that several homes in the neighborhood have rear building lines that appear to encroach into the rear yard setback of 25 feet. However, no public records could be located related to proper permitting and/or date of improvements. Staff assumes that due to the age of most homes in this area, many of the observed improvements in the neighborhood may have pre-dated the current setback regulations CONCLUSIONS/RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C 2 a , to allow a 20-foot rear setback and a five (5) foot variance within the R-1-M zoning district, be denied Page 3 Ream Variance File No. ZNCV 03-004 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, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "0" Staff understands that the applicant is in need of extra living space within the subject home, however, staff recognizes that the layout of this unit is built to the extent of the R-1-AA district setback regulations leaving no opportunity for future expansion In order to achieve additional living space, a substantial redesign of the structure would be needed, resulting in significant cost to the applicant Staff also recognizes that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties For this reason, if the Board and City Commission support this request, staff offers the following information for consideration 1 The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district; and 2. Staff has received no letters of objection, but received only letters of support from adjacent property owners Specifically, those letters are from the abutting property owners to the west, the south and east of the subject property, which would be the most impacted by the proposed expansion MR/mda J'\SHRDATAIPlanning\SHAREo\WP\PROJECTSIReam VariancelZNCV 03-004\STAFF REP doc Location Map Ream Variance ZNCV 03-004 / ~ ~ ~ o tJ:' k? ~ I' ---~- ------~------------- ------ (j)--- \ , :E -.j--- -I __I (j) -I ~/ , i i ! I '-"' '~ /~,SITE~,:- . , I' ------. 1'1, i I ' , ~ I i'~ , ! I ! ' , i i I I , ): 1_~~Pb _~ , , ii' ~SW'LTTH AV'2------ , , " . 'I - i i i " . i ! 1 ii, R- ~.r-^ i ^ !I ilrv-\ , I i I i -f.JJ - ~ CJ) -I :T (j) ...., ~ , }-, I/)~ ~/ -:co S'~I ,CI) I '[ / 'i r I ' I i I I / I, Ii, i--.-L-&~7=b:t='EEf<= '-! --_.~._~ --'I 400 400 Feet I' ! I EXHIBIT "A" PU ',c---G~ CJ}-- ~ ~- ...., I- (J) '~ ! PU N W~E I \ EXHIBIT "B" Statement of special conditions, requested exception or variance (A-F) hardships or reasons justifying the Respond to the six (6) questions below 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 8. 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 I 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" ; Lri I.:IN LAND SUR"'=~ORS EXHIBIT "e" 500 Gulfstream Boulevard · Suite #1 03B Delray Beach, Rorida 33483 Office: 561 276-7575 · FAX: 561 276-6621 FLORJD^ Sf ^ 1E BOARD OF PROf~ONN.. .9JIt VF.YOR.S ^ND MN'PI Jt..<; NO. ll3(XXJ7111 (50' TOTAL R/W.) S.W. 27th AVENUE -------~----- 20' PA'.f:MENT o ori N o ori N FIR. 1/2- No 1.0. 17.8' IS' PARKWAY FIR. 1/2" No 1.0. 170.80' (M) - --@ FlR. 1/2- No 1.0. BLOCK CORNER '0 '0 ,.... <0 ori ori N N b o ori N 7.80' 2 17.8' 22.20 1910' .~~ ~"a:: ~J.! ~~~ ~~~ '0 0' a, ...= 0.60' '0 r- ,.,.j ~ PQCt N =:E en ~ N CONC. -- U lf1 ori 0 0 ---.J ,.,.j 27.70' 0 CD 4.7Q' 4' ....- ....- o. lD Lrl c-..i 7.90' f- 4.7 , 0 46.00' -1 ~ O.BO' ::E o I""') c::i Lrl en ~ u o ---.J CD -lD lD 1- STORY Res. , 710 ---------- ------- 0.80' FIR. 1/2- No 1.0. iJ1l ~jl .q, if~'t ~ ~~ el ~ S 'f' ~ jij Will ~ iii ....- ....- ...- N f- a ---.J 0.40' r- ori 14-.2 CONC. 19.8' 6' U.E. FlR. 1/2 No 1.0. 80.00' (M) !=' . o. L -. ~ o. \- Scale: J J/ -= 20 . LOT 6, BLOCK 9 SHEET Z OF 2 SHEETS @ MANHOLE (M.H.l 1CI CATCH BASIN (C.B.) -Legend- t1 FIRE HYDRANT (F H,) o WATER METER (W M ) BENCHMARK REFERENCE: _ _a._._"\II,..."T\I\ tV/A 0/'K-~' VltUrs ,-.- ,.2" ~- \, . ( UITON LAND SUR~"nD~ EXHIBIT ."C' 500 Gulfstream Boulevard . Suite ~f~tq~OSED SITE PLAN Delray Beach, Ronda 33483 Office: 561 276-7575 · FAX: 561 276-6621 FLORJD^ Sf ^ lE DONUJ OF PROfl:S.<:JOI'W.. ~t VFYORS AND ,\Ml>J'1 Rae; NO.1.BOO07111 FlR. 1/2" No J.D. m ~ (.) a -..l CD N f- a -..l 'U ,.. ~ .... -.::: " ~ r~ FlR. 1/2 No tD. Scale: J II ~ 20 . 6) MANHOLE (M.H.l (50' TOTAl R;'N.) S.W. 27th AVENUE -------+------ 20' PA ~EtH o ..; ('of o ..; ('of 17.8' IS' PARKWAY 170.80' (M) --@ FlR. 1/2" No tD. BLOCK CORNER FlR. 1/2" No tD. o b ,..... <0 ..; ..; ('of ('of 17.8' 22.20 19.10' ::E o n c:i LO o' a, ...= 12.7' POOL 1-STORY N CONC. Res. I 710 in ..; ~ ,..; 27.70' 4.7Q' LO LO ~ 46.00' 4.7 ' f- a -..l ~ N ::E m --..,/ - ~ ~ (.) 0 0 0 -..l aJ 4' ~ ~ o. -L1l L1l ~ ~ ....... 7.70' 7.90' 0.40' 80.00' (M) 1~ 0.80' USe .f 3tv1u:/u.K I S - ~'\,..d b",/i. reG."I . [I eva:ft<: h ('f Ic.,,)~ st ~ f'lrskd ~loe(' ,-s jr"""..J I~.;d. ~ .-.::, \,,1'\ " ,.....""" ...... :s r<:. 0.80' A FlR. 1/2" No 1.0 ------------ 0.60' 6' U.E. !=' o. j .;"'.a x.", ~1.! iil 't't't ~~E ~ ~~i.; ~jji '<b ~f~'t <+ iG el ~ 2 · S'" i...~ ~ lj~ UJ I I I <.9 1:::::>< ~ III LOT 6, BLOCK 9 SHEET OF 2 SHEETS -Legend- tJ FIRE HYDRANT (F H.l BENCHMARK REFERENCE: 1 I / EXHIBIT "D" Conditions of Approval Project name Ream Vanance 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 I None X ADDITIONAL CITY COMMISSION CONDITIONS Comments' 1 To be determmed. S'\Planning\SHARED\ WP\PROJECTS\Ream Variance\COA.doc S'\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPM~4T ORDER OF THE CITY COMMI~",.ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME Ream Variance APPLICANT'S AGENT Peter & Stephanie Ream APPLICANT'S ADDRESS: 710 SW 2ih 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-M zoning district, to allow for a variance of 5 foot, and a rear yard setback of 20 feet. LOCATION OF PROPERTY 710 SW 27th 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 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. S '\Plan ning\SHARED\WP\PROJECTS\Ream Variance\DO.doc City Clerk CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one COpy of aaenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below, Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DA rill, 2003 DA ril 15, 2003 DMa 6, 2003 DMa 20 2003 ~June 3, 2003 DJune 17 2003 DJul 1, 2003 DJul 15, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A end a Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached ~ All exhibits are attached & marked e. " Exhibit "A' ~ -, ';\ \.-'-' f- Department Head's initials: Ream Variance (ZNCV 03-004) Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request on by bg - 7/19/02 J'\SHRDATA\Planning\Planning Templates\Agenda Item Cover CHECKLIST Apr 1-July 15, 2003.doc (Date) .. DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-094 FROM: Janet Pramito City Clerk ~ Michael w. RmrliI4- r. DIrector of Planning and Zorung TO: DATE: Apnl 21, 2003 SUBJECT: Ream Variance-Forest Hills, Block 9 Lot 11 Rear yard Setback variance ZNCV 03-004 Accompanying thIS memorandum you WIll find an application and supportmg documentatIOn for the above-referenced case. A check in the amount of $400.00 for the variance to cover the review and processmg of thIS application has been forwarded to the Finance Department. The legal advertisement for this request wIll be forwarded to your office after reVIew by the CIty Attorney. The requested vanance IS scheduled for the May 27, 2003 Planrung and Development Board meetmg, and the June 6, 2003 City Commission meeting. Please advertIse III the newspaper and send notice to property owners accordingly. S \Planning\SHARED\WP\PROJECTS\Ream Variance\Legal notice. doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of tills routing 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) workmg days prior to the first pubhsillng date requested below ORIGINATOR: Planning and Zoning DiViSiOn PREPARED BY Michael Rumpf DATE PREPARED: Apnl21, 2003 BRIEF DESCRIPTION OF NOTICE OR AD: Zonmg Code Vanance to allow an addition to a single-family house to be bUllt with a rear yard setback of20 feet m heu of the 25-foot rear yard setback reqUlred for a smgle-family house in a R-1-AA zOlling distnct. Planlling and Development Board meeting to be held on May 27, 2003 at 6:30 p.m. at the CommissiOn Chambers, City Hall, 100 E. Boynton Beach Blvd., Bovnton Beach Flonda. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, SectiOn Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked May 12, 2003) within 400-foot radius of the subiect property, apphcant and Director ofPlannmg and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: May 12, 2003 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: May 9,2003 APPROVED BY: 5), )~ (2) (City Attorney (Date) S-~ 0S ~~v RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the followmg application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as mdicated, under and pursuant to the prOVISIons of the zomng code of said CitY' Owner: Peter and StephanIe Ream Request: Relief from Chapter 2, Zonmg SectIon 5.C.2.a, requmng a mimmum rear yard setback of 25 feet for a smgle- famIly home wIthm the R-l-AA zonmg dIstnct, to allow for a vanance of5 foot, and a rear yard setback of 20 feet. LocatIOn: 710 SW 27th Avenue Legal: FOREST HILLS L T 11 BLK 9 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 BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 27,2003, AT 6:30 P.M. All interested partIes are notIfied to appear at said hearings in person or by attorney and be heard or file any wntten comments pnor to the hearing date. Any person who decIdes to appeal any declSlon of the Planning and Development Board wIth respect to any matter consIdered at these meetings 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 mcludes the testImony and evidence upon which the appeal is to be based. The City shall furnish appropnate auxIliary aids and servIces where necessary to afford an mdIvidual with a disability an equal opportunity to partIcIpate m and enjoy the benefits of a servIce, program, or activIty conducted by the City. Please contact PatncIa Tucker (561) 742- 6268, at least twenty-four (24) hours p nor tot he program 0 r activity in 0 rder for the CIty to reasonably accommodate your request. PUBLISH: THE POST May 12, 2003 CITY OF BOYNTON BEACH PLANNING AND ZONING DMSION (561) 742-6260