Loading...
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 /" .,..J /......... ,~ 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 s ,._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" frl?m: JaTe5 9-eMar3 T:l: 1",l~dy "\'CC5:J:r C.!lte: lZ/2SiZOOl Ti~: Z:Z::2S PM ,,' r i r " i ~ Ii! ~ P Ilh r i~IP: II J i i! ' Q1r i ~hH!1 f 'i ii III ir ~~~ ~i 1 I I q II i ;// i 1:1 I; I I (I l.~~ I ! I I mIll ! II I!n~ ~ , '..> lit, I HH " I H':', \ I! I I Ij I~ ~ ~ (") ! ,,5 P ..; ~ = ,.. r ~,- t - ...., - - - ~......- - ~ t - - - - - I , S I' :;, ~ : ~ i \ ~ L :: ~ _: H__: --L__________~j ) I R..)t;"-= ~~~i1~*1 !j -I o ( ~ i : ,-r ; i! ~~~~~2~;\,,~t.~~~~ . I ~ \ ~ I I :~: ~~~~ '~~~~:~~~ "' ; ~ \ ~~~~>~ I: i: ' 2~~~~"~~~~:~~~ uJ!~1 !ii~ 1 ~::::~>"di\>- I., ~",,-,,," "':::iJ..~j! Ii ),; I ~<~;7ll~, ~ fi~\:,,':--~'::-;, ,':--~, h---'" '! ~ I ~,~'tV IJfII I I~~" ~\'::~"';~':.~"~i.~~~~'---o-~:. !,~~~ I /~~""y : "': "~""""',~:.>"",,' ~ II~ ~'0~ /,,' I) i I: :::,'" .:.:':.::>...::-~>,~::::::' . .1 ~~~~> \ :, I I! Ii :' I:, ~ ~~":\."~.~?'<:~'~~1 y;j ~ : A~t~V ,: U ii' Ii II : ,~ J ,! !'~~~ ~~~~t./' ~ ~ !~~,'>:.? (J I' I: :t ! .::..~ "~~"w"" q \ I I I : :'t G '\~ ~'~ ilo F )' : J I; : ",,"":'-..... t ~ l ~ , , : J : / / I -<C'"":\.,.....,, " " ~ . ~ I /1 ': k--//lj! ".,~,-~ """,,~ S ! I i~ I ,,: _/ ,~':.,~<:~ ~':;~':.~~ ~S. \ ;! I :~: ~ ':.2~~~~~~~~ ,~~~~' _ ; I \" I " '-,,\,' ,....'-' "'\.'\.\.", , I~ ): I ';: ~~"\"'~:::$~~ J ( : ,:~' ','~~,.,~ :~S~~'<~ ,~ I ! ( : I: : .">: ~, ~~~ .,~- I \ I ! I I. "" '.(i ~,<' '.:'-' ; c::= , . ;' <':-'~"~:::"" '~~'" r ~ ) 'I " " ~~ ,,''''~ _.. W4W1'~.__"_""1 s ( ~: J~~~~~-'----l--------- - - : -.'----- ~ I :[-==:T--'~ i : _ .1 ~ I I J ~ I ~~__ _ _ _ _ _ ::::::3 ... J..:_ _ ~......I - - ~...~______--- --------"\----- , ,.r. I i~ 1::1: :~ :~ 11 i! S ! -$=- i" .~~ "e :!:,c.. ~ ~S~:; ~3 :~;~.. ; 1'''!' . MA TH.~EY RESIDE~CE i :" \1 J ;.1 aID r . ~ :; ~.:. iiqJ C/) I t I . L.or j91:ARBOUR F.5TATES i ; ~ i :f f~ l:)o I ~ ! DOYXTON BBCH, FLORIDA ~ :~.J~ , JI '~ H ll' .- I N ~ ..:.: 'C :.t I ~I. ! . ,1 . !'t . 1Il \ ~ I III .. ; ~ i i~ if(i! , 1'IoW.........,................. ..-ca~...._............. .... ....,........--.... __t ~~-... M.~'" _""'.~.......,'~.._T"'aIl..............P..............._.._............-...__... Pac;e 1 of 1 , EXHIBIT "e" \ ,-r;:Ti. .A ~o '..I':l"I41"'3 I:. I. II"'; C) ,,-=::S~:- c~=. l.':/:~i':'..n';,:, 1..7'< .:;~~.:~~: -, ( c: I~ ~I ill I': ! i n!i .1~ i Il~~j Ii ! JI~ I' il J~II~ ,'j!i ! i:j' j;l: 111 ni 1.il1!. ! ff.! I; I ~III It;"1 · '1Ii,;,; I : I i: ! III : ~ I Ii! Il II i~1 I ; III : 1111 , ( I' I !! I,' I ,i I . I I Itil, II . I , -I I , I:!:; 1 I tl..:I I I:! I Illh!!4 I l '...: !ll~i! I :~ & ,~ ~ , "1 Q 1- ~ ~ 1 ====a I r ;1- r- -; - - -..c-;;:~.. -r ~- - - - 1 g ;, r I ,_ ._...~ I ------------___1, \ =::::l ~:F=::~~~~-:--~'~"::{.::,.:,.,~"~-,:.~ ' } = d : ~"..,,:-. \..}.::,....."~-..<,..,,~..,,"~..-:'-. ')1 I t::::::: I II...'..'~..~~...:-.,..~<.~~..~:...,...~~":,': . (' ~ l.~~ f~"~.,~.~'(::".:"'.~::-\\~,~~~"~l. !~ ~ , . ',,-. .. ." ......" ,",'''., ~'. ,:\.,... ','.' n \ === ~ II :~;l..~>......~'''',~~.~~'..:'~~:~~~~,~~~:<.:.1 >, ~ I I.~. ". "~..,~" ....,' ="'...".......... "..."... ~ . ~"~ l 't "'~;J""'"""'".., ""',',,,_l~<~-." '.~ \ ,,,\.:,. II '.1"'_'"" '~'...,,~~, .~~~,.,.j ,.t)1 I .~","~ 1.1 :!;~~~,,<,~~:,~~, "~:",~:,~~,~,.,,:,~; <~I "'I .I*';::V~~.,,,,,,., \,~-I,...., ",- ",........".. I i' -.I' ......~~> , J' "..:~:".~\;:i. :,':"~~~~~'.':-,';-~::~ : I I . l~ ,.;-'';:'''' "''',,' "",, ',...:- I ~~'l ^,~~'Y ~,; I . ~..,.." ::~~;:. "~""""",:-./ : .... ~~~~ ... . I : :'\,>~'~"'~~':\ >~,~,'''':''''-'''.:.~ Ih! ~~~ ~ ~ !I' : ~..:,:-\,~:~~~~,\.,,~...:'->..'.(~"~~'::"'~~I i "t~ \,,',~' II.~' ~~... -~."""'\'''''''''',,':'''''.. ,11',J "'-'~""'> \ ~. -.,\. I I ""',""",,, I ; I ~<..'~~,>-' .. . ~.. I I I ~.....".:~.". .;.... "~,.,,,,~~ ~ 1~: (.~,:;..~ ! 'I. 1;/ II I ,~' ..." ..... II ~?' ( f ~.~ i : J! H i ~~<' ~~~~~~~~,: ~ . E::::' , r ~ I' :., -j : "~~I":'-~"~~':' H. =0 = )":~ I .~. 1 , {.....,~ ,.~~,~ ~ I ~ == ::.,: :' : ~,,:~"', ",~ ..~~? :' ~ == f I :~ I ,~ KI.".'~" '~"11 ~ E::: { :i . ii,' 'I ""'~"'~'" ~"",~'i. : ~ '. I.. ~ I' ~"""~'"",......-,-,-......'''''~~'' I E;' ' :i I .1: !l I ,-"'-'.' .,:::\.,~""",. .~ C; ) : II',!:", I; I t~~~~~~~"~"-;~~~'~~'" ==i .' ~ \~~~~~"~~,~ '~~~ =1 ( , I 'I: ~,~~~~~~~~~,~,~ ' =A ~ tt ",''''''~'''''~,''~~I"r : ~) .r "'r;~"~~'~)...'>"" I ~ " ! ,~~~\::,-~,'~~~'::' __L...T:"..~=-~_------ ,. &.:S';..=~;!:o~!'!'~...:--------...--. I r== \ Ii! ; ~ ~ F. ~...~_ ~ _ _ _ _ _ J - to. L ..,_..~ -_,~_-::-:~:~---'------ ------ I , I , . : ! , .." i' i !~ '8 !~ I I H ::., :Of .! ~ I ..- , I I I ! i I I I i l" , 1~"'.1 H nit ;1iUll; ~ j I i;= I ~i1~~~~EisTE~CE H .~.i Ji~ ~WI'I'il"'! ~~M:)I I BI1Yi'.-rOt\' BEACH. FLOiL'!>"" . ~ · :::.. - f - ::! :t \ : : : i : ~:, :r. J'" - I '- ~ No.~...........~........ ..=--_ -.'- ..................... ___ -.a................._ J1e"....... _~,..........,.. ~......................"............' __--... .................. ~s- iZl - ... I EXHIBIT "e" ------ ---.-- EXHIBI "0" ~ " \l ~ 0;: r 7IJ ~ ",' ::: ~ DJ ~ ~ ! : ~ rn <:l a \.1' " G\ -< Il 0 ~ eo.. Q \A \Jl 11 'iJ) \} 'iJ) '" 11 Q '---- l> :J rn -0 a.J 'l ~~_o I C " N3 r r 0' 7IJ G"GO()O 3,l"i- l> ::> <::) <; a3 N a -~- ~ <:> --1 E I I -< <::"" 3 J55 0 a ;: ~ ~ "'!-~;)l r Q '-" DJ S -< C' -, ::l <::;""Q ~;:+ ::l " .., ~;,H_ ~ " rn '-"'o:r- '-Js:>........'iJ)'iJ) '" Q ~ ~ 0 " .b. '" \.>J ~o;:,. C) C) c ~ ~ a'"" ~~ ~-f n1 0' '-"'''?;] 1> l> .....~ ~ ..... \Jl ..~ g C> N ::lxlS:> \.>.I'" all N "'". i ~~i-~ '" .0> 0 Q '" I \.>J lS:> ~""- I () "'s ~ -; 7IJ 11~ Q C)~ l> C> '-J \.>J 'iJ) \.>J C'b '! Z 3 " - .- ("\~ -; ~ () 7IJ .t.~ ~ ' ~ ~~ ~ ~ n1 ., ():l ..b. ~ ():l C'b rn ' .... -l ~ rn C> ::D 0Z ~ .. ~"'l1~ _ u: CS '" 0' '-J~("\():ls- 0> -'>{,,~ C> '-J _:r '-J ~ N 0 ~ ~..f~ 3 ;Z ) ~ " .- ~ '" 8~ nl '" -; '" 61 6 C> l> .... ~ .... :;> ~ i ::'l N " ~ VI ~ 0 !~ c- :?s ;; " " Q~: ~"'': ,: -oj ~H ff ~ ....~ ~ r~.: -n lEi.. ('i Jol.., ~ ;;,~~ ~ -<t~ :z: ~q "':--.... t'r ;::~~ ..-~ ~"N "'-" ",,:7~ ,q H .. N -::J - .... ~~ " C) 5 C) .; ~ '" ~. ~ i t ~ l1~ ! 11 i r ;'j! tJt f i l r" l- . r ;!} If;- HI , t ~ it ~ l . ts~ . t f . 1 ~ !. ~ i l1~ ~ fi ~lJ \JJ a.1 \JJ ill. ~ I' - \>' \J1 " .b. ~ Z""l <:> .., ., ~ ~ ~ ::> ~ .... ~ s g :r to ~ !' ~ \Jli< <:> ~ ~ ~ o ~ ::J if \Jl" ~ '( " . :r:; - ~ 11' '" ., ~ l> , . ~ t Lo t 37 COccup;d) C> " it 0> () ,,~ a 6000' J :.~ C> C> ~ r ~t 09" 10.5' '" ~ ~ C> 1 i ..... "1~ Q 9 ? Q ~ 5500' 2500' ." ~ N C) Il N "' ~ -, 0> 0 "' ( -0 ~ ~ '" /000' 0'0 if 7IJ -, >J' ~ 1Q('T ("b ::l ("b \:) :r >J' l;L I:l.... l~_ N -,("b ~ N I:l.... C> ." C> ("b 11 4..33' ~ ~ ~ C:l ::l Q " .., ~ G \Jl ~ '7ll d. 40~ C> I-.J .:.<: " C) -:c. " " C> /611' -< b ,.... ~ C> Q ~~, \ft C> 7\1 '" .. Q N :r ""l E 'y, c; \:) C> " ~ N ~ N 'il '" ~ C) "' ~ :is ~ ~ n J IO,Z5' 400 ~ r:: .... r: ~ E 14(,1' Z500' " " .... ." Q~1 c; lb. ~ ..... .... 00. "f ~ . ., 10.5' : 1- 6000' h ~ ~ 00_ ~ it Lot 3'1 COccup;dJ iN;l ,,~ it I~;: f= :5'tJ :.~ "... "'z :..~ .z=:- I !;W NORTH C>~ oc; 0> = ~~ "'- 8 - - ) --0 ~ = iN;l ~ U,'" H.gh..y " I H- fi- G I r <JI Q N::lP.TH () II ~f ~ Z I~ \\ \\ ("\ . if' ft 13 l> 'UI~i:T"~ C> ~ ~ 0 \JJI_.. "' ...' .; -l ~~" ~.J" ..... :> lo/!:,,~_ i? ... ;; i " ~ " ~ ~ ~ .. C> " :;- " 0 c f ~ '" Ir It t ~ i " s: !:> l> Cb G \I L-1 II \( 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 -i-iU DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-019 TO: Janet Prainito City Clerk .r1~ 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) /-/7- 0 2 (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: