AGENDA DOCUMENTS
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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~ '
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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.
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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~-'.- -_:-:.. ,~
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Location Map
Boynton Hills NW 3rd Court
ZNCV 03-005
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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