AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
o November 20, 200 I
o December 4, 200 I
o December 18, 200 I
o January 2, 2002
NATURE OF
AGENDA ITEM
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to Citv Clerk's Officc
November 7, 200 I (5:00 p,m,) 0 January 15,2002
Novcmber 21,2001 (5:00 p,m,) 0 f'ebruary 5, 2002
December 5, 2001 (5:00 p,m,) ~ f'ebruary 19,2002
December 19,2001 (5:00 p,m,) 0 March 5, 2002
January 3, 2002 (5:00 p,m,)
January 16,2002 (5:00 p,m,)
February 6, 2002 (5:00 p,m,)
February 20,2002 (5:00 p,m,)
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Please place this request on the February 19,2002 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved subject to staff comments. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 02-024,
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNATIVES:
WOOSTER VARIANCE ZNCV 01-23
Jeff Wooster
Jeff Wooster
Lot 39 South Road
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5,C.2.a, requiring a twenty-five (25) foot rear yard setback to
allow a fifteen (15) foot variance, and a ten (10) foot rear yard setback within the R-l-AA
single family zoning district.
N/A
N/A
N/A
City Manager's Signature
'~(\]f J
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Planning and Zoning uector CIty Attorney / Fmance / Human Resources
S:IPlanningISHAREDIWPIPROJECTSI Wooster Variance 0 1-023lAgenda Item Request Wooster 01-023,2-19-02,dot
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #PZ 02-024
Staff Report
Community Redevelopment Agency Board and City Commission
Meeting
Date:
January 31, 2002
File No:
ZNCV 01-023 Rear yard setback
Location:
Harbor Estates Lot 39, South Road
Owner:
Jeff Wooster
Project:
New single-family house.
Variance
Request:
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot
rear yard setback to allow a fifteen (15) foot variance, and a ten (10) foot rear
setback within the R-1-AA single family zoning district.
BACKGROUND
The subject vacant property and nearby neighborhood is currently zoned R-1-AA, single family
residential. The applicant desires to develop the property with a single-family home. Currently,
the subject neighborhood is mostly developed (see Exhibit "A" - Location Map).
The following is a description of the zoning districts and land uses of properties that surround
the subject property:
North: South Road right-of-way and farther north single-family homes zoned R-1-AA.
South: Recreation area of a multi-family residential development zoned R-3, farther south a
finger canal from the Intracoastal Waterway.
East: Single-family home zoned R-1-AA.
West: Vacant lot #38 zoned R-1-AA.
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.
. .
Page 2
Wooster Variance
File No. ZNCV 01-023
b. That the special conditions and circumstances do not result from the actions of the
applicant.
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.
Staff has conducted this analysis with a focus on the uniqueness of the subject property relative
to other subdivisions similarly zoned, the history of variance approvals within the subject
subdivision, and neighborhood impact.
According to the applicant's response to the above criteria, contained in the Exhibit "S", it is the
applicant's position that other property owners in the neighborhood have been allowed the
privilege of reduced rear setbacks. The applicant therefore feels that he is also entitled to the
same privilege, and has therefore submitted this application in conjunction with the plans to
construct a 3,600 square foot, 2-story residence (see Exhibit "C" - proposed plan).
Staff's review of city records and field checking verified that several similar variances for
setback reductions have been granted for properties within close proximity to the subject
property. The Harbor Estates Subdivision was platted in 1947 with typical lot dimensions of 100
feet (wide) by 80 feet (deep). About four (4) lots have unique lot depths in excess of 100 feet.
In contrast, other subdivisions throughout the city that are similarly zoned have typical lot
dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots
within this subdivision, when combined with the minimum rear and front setbacks (totaling 50
feet), may limit design flexibility.
It should be noted that it is this information on which staff has found evidence of a hardship.
Unlike the review of previous similar variance applications, which were limited to the subject
subdivision, the comparison with other similarly-zoned subdivisions has revealed the real
uniqueness of the subject plat and therefore the potential for zoning regulations to have
unequal effects within similarly-zoned properties.
With respect to consistency with the intent of the respective zoning regulations, and impacts on
adjacent properties, staff acknowledges that if the standard building envelope is expanded
closer to property lines, the impacts on adjacent properties can include reduced light, air flow,
and views. The applicant proposes to extend the western portion of the building footprint to 10
feet from the property line, leaving the remainder to be setback approximately 25 feet. While
this may maximize views from the proposed home to the Intracoastal Waterway, as well as light
. .
Page 3
Wooster Variance
File No. ZNCV 01-023
and airflow to the future dwelling unit, this may reduce light and airflows, and limit views to the
southeast from the adjacent lot #38 (see Exhibit "0"). A similar variance was also granted to
the adjacent lot #38, however, the proposed plan for lot #38, as represented in the respective
application, was to limit the extent of the building that would be built with a rear setback of 10
feet, rather than 25 feet, to a 20 foot wide section of the central portion of the rear wall. The
benefit of this design is to maintain the standard rear setback of those portions of the home that
are nearest to adjacent homes. It should be noted that there are no dwelling units located
immediately to the rear of lots #38 and #39, but only the parking area and pool for the Lake
Worth Mariner Village townhomes.
CONCLUSIONS/RECOMMENDATION
Staff recommends that this request, by Mr. Jeff Wooster, for a variance from the City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., as
described herein for the purpose of constructing a single-family residence, be approved. This
recommendation is based upon the following:
1) That special conditions exist as represented by the shallow lot depths of the subject
subdivision compared to other subdivisions similarly zoned (i.e. Mission Hill, Chapel
Hill and Golfview Harbour);
2) That numerous similar variances have been granted to other properties within the
subject subdivision including those lots adjacent to the subject lot;
3) That the magnitude of the variance request represents the minimal variance
necessary to make reasonable use of the land; and
4) That impacts upon adjacent properties will be minimized if relief from the setback
only applies to that portion of the proposed structure located a minimum of 30 feet
from the west property line, and a minimum of 20 feet from the east property line
(see Exhibit "E").
Staff acknowledges that the restriction recommended within item #4 above seems to treat
unequally the home on lot #40 to the east; however, the effects of the variance would have less
of an impact upon the current amenities enjoyed at lot #40 (i.e. sun exposure and views to the
Intracoastal Waterway), toward which this home was originally designed.
It should be noted, that in response to property owner concerns about the potential over-
building of lots within the subdivision, staff is considering surveying property owners to clarify
concerns and consider code revisions to address same. This project is expected to commence
during the month of February. If the Board and Commission are not satisfied with the
application, or with the staff recommendation, the Commission may consider as an alternative
the postponement of this review until the study is completed.
Additional conditions of approval recommended by the Community Redevelopment Area Board
or City Commission will be placed in Exhibit "E".
MOAt
S:\PlanningISHAREOIWP\PROJECTSIWoosler Variance-Harbor Estates Lot 39\STAFF REP-Rear yard setbackvar,doc
Location Map EXHIBIT"A"
Harbor Estates Lot 39
~j
300
o
800
1600 Feet
I
N
W~E
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,._J
,. ---.
(
Request for rear setback variance.
Statement of special conditions, hardships and reasons justifying the requested exception
variance.
A. The 25ft. existing rear setback would impose an undue hardship on the use of the
land. The home would only be able to be 30ft. in depth therefore making it not
functional and bring down the overall value of the property. With the setback
reduced to lOft. the home could be built to 45ft. in depth and allow for better use
of the land and home bringing up the property value.
B. The setbacks were imposed by the city and do not result from the actions of the
applicant.
C. There are a total of 40 total lots within the development of Harbour Estates and 18
have applied and been granted the rear setback reduction to 10ft. versus 25ft.
Therefore, the granting of the variance requested would 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. If the variance would not be granted the applicant would be unjustly deprived of
the rights commonly enjoyed by other properties in the same zoning district under
the terms of the Ordinance and would work wmecessary and undue hardship on
the applicant. Because 18 other lots in the development have been granted this
same setback variance they enjoy larger more functional homes and better views.
E. This variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building or structure, maximizing the functionality of
the home as well as the water views.
F. 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. Instead, expanding the
rear setback will add to the community with a larger and more valuable home and
allow for a more aesthetically pleasing front elevation.
..-.-';:"04_.. .
.JtC 2 8 2001
. '
EXHIBIT "B"
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EXHIBIT "E"
Conditions of Approval
Project name: Wooster Variance
File number: ZNCV 01-023
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
P ARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Portions of structure placed less than 25 feet from rear setback shall X
conform to side setback of 30 feet (west side) and 20 feet (east side).
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. to..rl;) ~ X
'"
S:\Planning\SHARED\WP\PROJECTS\Wooster Variance 01-023\Condition of Approval 2 page revised 2002 form.doc
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-019
TO: Janet Prainito
City Clerk
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FROM: Michael W. Rumpl
Director of Planning and Zoning
DATE: January 17, 2002
SUBJECT: Wooster Variance
Harbor Estates Lot 39, South Road, Boynton Beach, FL.
Rear yard Setback
ZNCV 01-023
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $400.00 for the variance to cover the review
and processing 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 variance is scheduled for the February 12, 2002 Community
Redevelopment Agency Board meeting, and the February 19, 2002 City Commission meeting.
Please advertise in the newspaper and send notice to property owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\ Harbor Estates Lot 39. South Road\Legal notice. doc
N" 'ICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD of the CITY OF BOYNTON
BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code of said City:
Owner:
Jeff Wooster
Request:
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2.a,
requiring a twenty-five (25) foot rear yard setback to allow a fifteen
(15) foot variance, and a ten (10) foot rear setback within the R-l-
AA single family zoning district.
Location:
Harbor Estates Lot 39, South Road, Boynton Beach, FL.
Legal:
Lot 39 and the West 15 feet of the East 110 feet of Lot 43, Harbor
Estates, according to the Plat thereof, as recorded in Plat Book 21,
at Page 98, ofthe Public Records of Palm Beach County, Florida.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
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, FEBRUARY 12, 2002, 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 written comments prior to the hearing date. Any person who decides to appeal any
decision of the Community Redevelopment Agency 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 includes the testimony and
evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
January 28, 2002
~QUEST FOR PUBLISHING
LEGAL NO 2ES AND/OR LEGAL ADVERTIS~t1ENTS
A completed copy of this 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)
working days prior to the first publishing date requested below.
ORIGINATOR: Planning and Zoning Division
PREPARED BY: Michael Rumpf DATE PREPARED: January 17. 2002
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for Harbor Estates Lot 39
to reduce rear yard setback to 10 feet from the required 25 feet. Community Redevelopment
Agency Board meeting to be held on February 12. 2002. at 6:30 p.m. at the Commission
Chambers.
City Hall. 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners (vostmarked January 28.2002) within 400 foot
radius ofthe subiect property. applicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: January 28.2002
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: January 24,2002
APPROVED BY:
(1) ?L.u ~~
(Originator)
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(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED: