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AGENDA DOCUMENTS ('Sl.~"'~"'< I ' III II o I V, ~,~ /<,,7.. "~ "'0 N \) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetin!!: Dates in to City Clerk's Office 0 April 1,2003 March 17,2003 (Noon.) 0 0 April 15, 2003 March 31, 2003 (Noon) ~ 0 May 6, 2003 April 14, 2003 (Noon) 0 0 May 20, 2003 May 5, 2003 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetin!!: Dates in to City Clerk's Office June 3, 2003 May 19,2003 (Noon) June 17,2003 June 2, 2003 (Noon) July I, 2003 June 16,2003 (Noon) July 15,2003 June 30, 2003 (Noon) City Manager's Report Consent Agenda Code Compliance/Legal Settlements o Legal o New Business o Presentation ~ Public Hearing o Unfinished Business NATURE OF AGENDA ITEM o Administrative o o o o Announcement RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-134. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Hills (ZNCV 03-005) John Shell, VP Construction Habitat for Humanity NW 3rd Court Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of7,500 square feet to allow a variance of3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-l-A single family zoning district. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton HiIls\Boynton Hills Block A Lot 172 ZNCV 03-005\Agenda [tern Request Boynton Hills ZNCV 03-005 6-[ 7-03.dot DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-134 STAFF REPORT THRU: Chairman and Members Community Redevelopment Agency and City Commission ('vl~ V Michael W. Rumpf I Planning and Zoning Director TO: DATE: Maxime Ducoste-A. ~ ill vc.. ~ f' Planner l:!)I /J' .' 0..- {' ~ . 1.- J""""--e- k'C' June 2, 2003 ,. ; /1,;'~ (5 ~f H 6-b I (orf l' c~ !r-..r-{(a..y 0 ~ PROJECT NAME/NO: Boynton Hills N.W. 3" Court; ZNCV 03-005 f< HV"""'~ '" ~ REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, c;hapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow/~ of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A sin9ie family zoning district; and ~ I ~ :. ~ .[ r- ~.4- (=.;'-'--~ FROM: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot f',~+~, variance, resulting in a 20 foot front yard setbag within the R-1-A single family zoning district; an'd r\ 6--..f'. ~ Property Owner: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zonin~, Sef,tion 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a~ 12.5 ~ fob~varYtn~e, resulting in a 12.5 foot rear yard setback W:it~in the R-+-^ sinqle Family L~ ' <Ji"trYct ~ ~ J vf ~ ~~ I~ + I 7 c2 '1, 1'~e.. 13e Y f\- -to..<- -M (c- -.S v ~ L; vl5 -( 0..-.., Ri'A, ?Cl-\.d - f.2c- ~L c~> -f<- c-ti~~ 0+ ' c.~ s; '5 (c. r:.-',....., (y ~~"'- , PROJECT DESCRIPTION Habitat for Humanity Applicant/ Agent: John Shelly-VP Construction Location: N.W. 3rd Court Existing Land Use/Zoning: Low Density Residential (LDR)jR -l-A Proposed Land Use/Zoning: No changes are proposed Proposed Use: Single-family house Acreage: 0.10 Acre (4,379 square feet) Adjacent Uses: Staff Report Memorandum No PZ-03-134 Page 2 North: A single-family house zoned R-l-A, single family residential district; N.W. 3rd Court right-of-way, and farther south a single-family house zoned R-l-A, single family residential district; South: East: A single-family house zoned R-l-A, single family residential district; and West: A single-family house zoned R-l-A, single family residential district. BACKGROUND The subject property is vacant and located within the Boynton Hills subdivision. It is currently zoned R -i-A, single-family residential dwelling district (see Exhibit "A" - Location Map). The lot is currently vacant and remains as oriqinally platted~:rh~ Ooynt6n I Ii II:; .subdivision v,~~ Pld~ed in '1925. Contrary to the qridiron pattern used in the develo ment of most Amencan towns, t is su division used the radial scheme and lagonal avenues over the grid (Sf'': ~~ic , , " . . .. ). . . .sreated manv irre ularl -sha ed and substandard lots b, c . ula ins. The majority of the subdivision is developed including a large portion of the original substandard lots. The subject vacant parcel (Lot 172) has a frontaqe 9f 62 feet and a total area of 4,379 square feet. It is a non-conforming lot becauselt does not meet tr&R'-'~A ~gulations. ~lhis case,~on 11.1.C., Non-conforming regulations is not applicable since the arcel is less s uare feet in area. """A" !!. o. t>O ''b...,re<J..., . Mr. John Shelly, a plicant for Habitat for Humanity, is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit "C" - Proposed Building and Site Plan). It should be noted that the R-l-A zoning district allows development of a single-family residence. The minimum requirements to build a single-family dwelling in the R-l-A zoning district are as follow (Chapter 2, Zoning, Section 5. D.2.a.): . Lot area: 7,500 square feet . Lot frontage: 60 feet . Front setback: 25 feet; . Rear setback: 25 feet; . Side setbacks: 7 112 feet. The applicant is proposing the following lot characteristics and setbacks: . Lot area: 4,379 square feet; . Lot frontage: 62 feet; . Front setback: 20 feet; . Rear setback: 12 112 feet; . Side setbacks: 7 112 feet. 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 lanci structure/ or building involved and which are not applicable to other lands/ structures or buildings in the same zoning Staff Report Memorandum No PZ-03-134 Page 3 district 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 lan~ 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 reviewed the requested variance focusing on the applicant/s response to the above criteria contained in Exhibit "Oil. Indeed, this non conforming circumstance is a result of the subdivision being platted in 1925 according to less stringent standards, and following the aesthetic approach of the City Beautiful movement. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Boynton Hills Subdivision Plat. Staff verified by site visit that the substandard conditions exists, and that a large number of parcels have been developed with single-family homes. Also, regardless of what allowable use is proposed for Lot 172, unless assembled with adjacent property, variances for lot area, front and rear setbacks would be required, as the minimum needed to make possible the reasonable use of the land. Staff concurs with the applicant that special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a//and ''b//above. It should be noted that the construction of a home on the subject lot, 'v':{i~hin the_minimum setb~cks wOLJld J:lotJi.keIX meet the minimum living area requirem~,'~}f~""<-- f- ,.' d \S~~~e. J-. ..",.,Vw\""<;""~..?-c. s..~~ 1'''..c ."1'155',? y<J-G.........+ fc. c.o)-"(.ec....-( a..f' lfV\.tl,c",-{?c~"" I^-....P,c Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. ,c:.~i. There are several substandard par~s within the area, similarly zoned, which were also the subject of 1k f - ~variance approvals in conjunction wi the development of Single-family homes. For example, a single-family. f"Yf(?' ~" home exists on the adjacent lot to the north (lot 1 3) with approximately a is-foot rear setback, as estimated l:~ ....~ l "A by the straight alignment of the rear building Iin . Therefore, denial of this variance request would deprive 'ft.. -{:- ~/ the applicant of the rights already enjoyed by"g.!: ers. Therefore, criteria "c//and "d//are satisfied.(..~iJJ<>'u -;r.~ e. (G 'f /1'/.) , I'):) (.)<;.s. k \oiL'=:.. wK'.C:. t.:lI'-- (0'j-f{o. "). f'A. (G., . Ii". ( ,~ '\,"-<- ( ~,? (,..J,. -" 1\ T With respect to criterion "ell, which ~onsi~ers if the request is ~he minimum necessary t? make possi~le tne 10-7 d reasonable use of the property, a Unit deSign has been selected. Regardless of the bUilding configuration on ".... -I-k~ the lot, any single-family dwelling that would meet the minimum living area standard would still encroach into ,~. vc(~ " the front and rear setbacks. Originally, the applicant proposed a layout that would meet the 25-foot front yard f {,"'-..- r -(l. setback, but would have reduced the rear yard setback to 7 1/2 feet, resulting in placing the building close tQ c.; ("'''' <\.T the neighboring property to the north. f"'-') - ('--f)~c;. ; Y\ ~'1/ Iu.. te. /;;. S-c' ~s. 1~ "'f Co {" ('" co hOo.A- ...k:....<, FIe. f Staff consulted with the applicant regarding options for developing the site. Staff realized with the applicant ?t; n that by moving the proposed structure to 20 feet from the front property line, the rear yard setback would c-,'{ :q. c... in~rease from 7 112 feet to. 12 1/2 feet. This scenario w?uld increase the back yard and would provide greate~^!I~:.... pnvacy between the subject property and the abutting parcel to the north. Therefore, the impact on the J2 <-..5. adjacent property can be reduced to a minimum while preserving the streetscape on S.W. 3rd Court. As such, ~f~ ~7' "IJ t,) c.{ C~ uY. Staff Report Memorandum No PZ-03-134 Page 4 this proposed application represents the minimum variance required in achieving the reasonable use of the land. In addition, it should be noted that the lots located to the north, east and northwest of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Lastly, staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. This request will not be injurious to the area or detrimental to the public welfare; the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. the r ed variances be a roved, thereby granting relief from the t Regulations, Chapter 2-Zoning to allow: C< f ~ 1) A 3,121 square feet reduction from of 4,379 square feet; . d minimum lot area of 7,500 square feet to allow a lot area i 3) A 12.5-foot reduction from the twenty-five (25) foot rear yard setback required by code t foot rear yard setback. ... , 2) A 5-foot reduction from the twenty-five (25) foot front yard setback requir front yard setback; and " .... No conditions of approval are recommended; however, any conditions of approval added by the Com nity .... Redevelopment Agency Board or th.:..- City Commission will b: Placed~n,_ the ~bit "E" - co~ditiO~. of f approval. ~ ~~ .;:-..- a-(' r€!O-6f."iJ?5--:- ,- >VJ~-'.- -_:-:.. ,~ ~J ~~ v'--( Jc-.. f\L~. <> :6,. 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J / ~t ., 113 //2 11/ '] , ~ () I,J, d/l s~ ,=,,-0 > . > .. . ~I ~ '~ ~I ' , '/0 I 109 I /08 I---_l!:~ -E:::--:":::"_ -1:"-:::'--:1= //5' 7' 0 7'" _ ~~ 5O"(t'lT1l~ ~Ac.H e\,.lIo-:=..........~.- . ,~,-;--- --- - ---- - ---- - - .. ., ':; , ~ /07 10/ -'0. -,-1,- ~ - I --~ ",'.. j...... ....y r ..Ii... ~" ,," \ ~ .:.... t." 0-4. ....... f-- i ~ 2: c.n al ~ ~ <:1 ~ I O'8RIEN. SUiTeR & O'8RleN, INC. "..".. aM C'C fIt tt EXHIBIT "e" ,. a... 1'- I 1 I 1+246 '-- I! '-- I' FOu,NO 22,,\ xi ...2.:. 5 ,'\ +248 725.0' '"00 - LOT 773 BL OCK A [XlSTNG R[S{)[NCE FLOOR +25.27 +26'ol~ F"CU'Yf) I.R.", POLE ~, ,..25.8 Q.J' +26,8 cP 50.00' - - '0"'( t:::v ,Q r--a O-J -Jctl '''-''i ~... ~~ 1:,N )... ~ '5 ~ V] >- ~l.I'1 T-'CtO ~~ ~~ ~ ~~ ?d~ ' ~~ laG:: ~ -"'( ~ -~ 'U r-o c--.J -Qj I \ )... ~~ ~ ~ 1 ~~ "" ~~ ~ ~~ ~ :-:1.{) to >-G:: ~\Q I ~ Qr""".' ...., ~ I I I I f"-....~ f"-....v -........ l--U aO -JcQ 6'r~ ...l."'i Ill:' ~ J(" ~'-(. ~ c;j<i .., 0'9' 0 #r:JOc,s - / ,.. '" 90 ',J / r?--V ~:v.s ry'~ eft '110 rf;~~' '\ /,/1.' 00~~:' G /' J(" ,. \,o~$':J~ _t..\ J~ 0 .r:f ~c,.:.i-'?- y~'" /0 >- ..j ~ c.~'\" ~ ' ,,~ ~ "r / /' 7 4~/ /;/''' ,,~ /"o~ x' 1--------------------~----;::.---1 " " 1'.11 EXHIBIT C : ~l ROPOSED BUILDING I ." '"', I I I I I I I I I I I I -.1'; 7= l I I I I I I 1/' I: I' I, I. . I II , I II ,I i, , ",) 11 J / ,/ I I ,./ y/ ,/ , .- /" .- .- /" .- " /" .- " /" " .- / / I j / ./ ,/ /' /' /'\ ',~. \,~ , \,<~;~ \~ " \, \ " /" .- /" /" -> -'.;" I I I 0= I I' I I I I I I I I 1 I I I I I I I ) / \ \, j " " /" " 'V" EXHIBIT "0" Statement of Special Conditions Variance Request by Habitat for Humanity for NE 3rd Ct. 03/31/03 We are requesting variance of the rear setback from 25' to 10' and lot area to 4379 sq, ft. for this irregular lot in order to accommodate the construction of affordable housing in Boynton Beach, A, This lot was given to us by the city but is un-buildable even under the Non-Conforming lot rules, B. The lot would be unbuildable without a variance due to surrounding property restrictions not caused by the applicant, C. This problem is common in this neighborhood, Granting the variance would allow us the privilege of building a SFR enjoyed by current residences. D, See B above, Affordable housing builders need to have this type of variance to obtain infill lots and keep the prices affordable, E, This variance will allow Habitat for Humanity to build much needed affordable housing. F, It is a recognized fact that Habitat homes and home owners upgrade the neighborhoods in which we build, reduce crime, and add to the ta.'( base of the community F or these reasons we feel it is in the community's best interest to grant the variance to facilitate affordable housing. EXHIBIT "E" Conditions of Approval Project name: Boynton Hills NW 3rd Street (Habitat for Humanity) File number: ZNCV 03-005 Reference: I DEP ARTMENTS [ mCLUDE I REJECT I 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Hil1s\Boynton Hills Block A Lot 172 ZNCY 03-005\COA,doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPME(\.IT ORDER OF THE CITY COMMIS~N OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Hills NW 3rd Court Block A, Lot 172 - Habitat for Humanity APPLICANT'S AGENT: John Shelly - VP Construction APPLICANT'S ADDRESS: 2200 NW 2nd Avenue, Suite 209 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Three (3) zoning code variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, for reduction of the minimum lot area to 4,379 square feet, the minimum front yard setback to 20 feet and rear yard setback to 12 ~ feet. LOCATION OF PROPERTY: Boynton Hills Lot 172 Block "A", NW 3rd Court, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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: City Clerk S:\PlannmgISHARED\WPIPROJECTSIBoynton HillslBoynlon Hills Block A Lot 172 ZNCV 03-005\DO,doC 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 CODY of aaenda reauest (with back UD) 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 DJune 3, 2003 ~June 17, 2003 DJul 1, 2003 DJul 15, 2003 Deadline for Submittal to City P & DjCRA Requests Deadline Clerk's Office D D D ~ ~ All back u material is attached All exhibits are attached & marked e. ., Exhibit "A' Department Head's initials:~. Boynton Hills ZNCV 03-00 Please do not write in the shaded area below. City Manager's signature D Legal Department signature 0 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 by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKUST Apr 1-July 15, 2003.doc on (Date) NOTICE 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 injicated, under and pursuant to the provisions of the zoning code of said City: Owner: Habitat for Humanity Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district. Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district. Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district. Location: NW 3rd Court, Boynton Beach, FL. Legal: Lot 172, Block "A", Boynton Hills, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 4 at Page 51. 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, JUNE 10, 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 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 , '- , , '11 PUBLISH: THE POST May 27,2003