REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-134
STAFF REPORT
FROM:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. Rumpf fX.1.Jt---
Planning and Zoning Director
Maxime Ducoste-A. & AlA
Planner t'~LJ'
TO:
THRU:
DATE:
June 2, 2003
Boynton Hills N.W. 3rd Court/ ZNCV 03-005
PROJECT NAME/NO:
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; 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-1-A single family zoning
district.
PROJECT DESCRIPTION
Property Owner: Habitat for Humanity
Applicant! Agent: John Shelly-VP Construction
Location: N.W. 3rd Court
Existing Land Use/Zoning: Low Density Residential (LDR)/R-1-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-1-A, single family residential district;
N.W. 3rd Court right-of-way, and farther south a single-family house zoned R-1-A,
single family residential district;
South:
East:
A single-family house zoned R-1-A, single family residential district; and
West:
A single-family house zoned R-1-A, single family residential district.
BACKGROUND
The subject property is vacant and located within the Boynton Hills subdivision. It is currently zoned R-1-A,
single-family residential dwelling district (see Exhibit "A" - Location Map). The lot is currently vacant and
remains as originally platted. The Boynton Hills subdivision was platted in 1925. Contrary to the gridiron
pattern used in the development of most American towns, this subdivision used the radial scheme and
diagonal avenues over the grid (see Exhibit "B" - Boynton Hills Subdivision). This design created many
irregularly-shaped and substandard lots by current regulations. The majority of the subdivision is developed
including a large portion of the original substandard lots. The subject vacant parcel (Lot 172) has a frontage
of 62 feet and a total area of 4,379 square feet. It is a non-conforming lot because it does not meet the R-1-A
district regulations. In this case, Section 11.1.C., Non-conforming regulations is not applicable since the
parcel is less than 5,000 square feet in area.
Mr. John Shelly, applicant 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-1-A zoning district allows development of a single-family residence.
The minimum requirements to build a single-family dwelling in the R-1-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 V2 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 1/2 feet;
. Side setbacks: 7 1/2 feet.
ANALYSIS
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
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
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 reviewed the requested variance focusing on the applicant's response to the above criteria contained in
Exhibit "0". 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,
within the minimum setbacks would not likely meet the minimum living area requirement.
Staff also concurs with the applicant that the approval of the variances will not confer any special privileges.
There are several substandard parcels within the area, similarly zoned, which were also the subject of
variance approvals in conjunction with the development of single-family homes. For example, a single-family
home exists on the adjacent lot to the north (lot 173) with approximately a 15-foot rear setback, as estimated
by the straight alignment of the rear building line. Therefore, denial of this variance request would deprive
the applicant of the rights already enjoyed by others. Therefore, criteria "c"and ''d''are satisfied.
With respect to criterion "e", which considers if the request is the minimum necessary to make possible the
reasonable use of the property, a unit design has been selected. Regardless of the building configuration on
the lot, any single-family dwelling that would meet the minimum living area standard would still encroach into
the front and rear setbacks. Originally, the applicant proposed a layout that would meet the 25-foot front yard
setback, but would have reduced the rear yard setback to 7 1/2 feet, resulting in placing the building close to
the neighboring property to the north.
Staff consulted with the applicant regarding options for developing the site. Staff realized with the applicant
that by moving the proposed structure to 20 feet from the front property line, the rear yard setback would
increase from 7 1/2 feet to 12 V2 feet. This scenario would increase the back yard and would provide greater
privacy between the subject property and the abutting parcel to the north. Therefore, the impact on the
adjacent property can be reduced to a minimum while preserving the streetscape on S.W. 3rd Court. As such,
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.
Therefore, staff recommends that the requested variances be approved, thereby granting relief from the
Land Development Regulations, Chapter 2-Zoning to allow:
1) A 3,121 square feet reduction from the required minimum lot area of 7,500 square feet to allow a lot area
of 4,379 square feet;
2) A 5-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 20-foot
front yard setback; and
3) A 12.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 12.5-
foot rear yard setback.
No conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of
approval.
MWRjMD
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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 tax base of the community
For 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:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Boynton Hills\Boynton Hills Block A Lot 172 ZNCV 03-005\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc