LEGAL APPROVAL
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
November 17, 2003
www.boynton-beach.org
Mr. Alan D. Menster, President
Buyer's Investment Group, LTD, Inc.
1400 Allendale Road, Suite #!
West Palm Beach, FL 33405
Re:
For:
File No.
Location:
Dear Mr. Menster:
Zoning Code Variance
Buyer's Investment Group, LTD., Inc.
ZNCV 03-018
S.W. 4th Avenue
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-018, which
represents approval for the Buyer's Investment Group, LTD, Inc. zoning variance. This request is for the
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 1,740 square feet, resulting in a
lot area of 5,760 square feet for a proposed single-family residence within the R-l-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 minimum lot frontage of sixty (60) feet to allow a twelve (12) foot variance,
resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the R-l-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 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5)
foot side yard setback for a proposed single-family residence within the R-l-A single-family zoning district.
The City commission approved this variance on November 5, 2003.
Please include a copy of this letter and Development Order when you submit your application
for permitting at the Building Department.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260.
Sincerely,
~
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Buyers Investment Group, LTD., Inc\ZNCV 03-018 Approval form letter after CC new-
Zoning(ZNCV).doc
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DEVELopr 'NT ORDER OF THE CITY COMM" '~ION OF THE
'CITY OF BOYNTON BEACH, FLOmt$A
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PROJECT NAME: Buyers Investment Group, l TD, Inc.
APPLICANT'S AGENT: Alan D. Menster
APPLICANT'S ADDRESS: 1400 Allendale Rd. Suite 1 West Palm Beach, Fl 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5,2003
TYPE OF RELIEF SOUGHT:
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 1,740 square
feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-1-
A single family zoning district;
Request for relief from the City of Boynton Beach land Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty- (60) feet to allow a twelve (12) foot
variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the
R-1-A single family zoning district;
Request f()r relJef from th~ <;:ity of Boynton Beach Land Development RegulaQons, ~h~pter.?,~~>ning,
Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five
(5) foot side yard setback for a proposed single-family residence within the R-I-A single family zoning
district.
lOCATION OF PROPERTY: SW 4th Avenue
DRAWING{S): SEE EXHIBIT"B" ATTACHED HERETO.
X 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
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 AppJj.cant
~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 Appli93nt's ~ication for relief is hereby F "
~ G~ED subject to the conditions referenceain paragraph 3 hereof.
DENIED
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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
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\pATED:
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Location Map
Buyers Investment Group L TD Inc.
Exhibit "A"
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SURVEYORS.
INO,
(561) 798-4001
19836 47TH PLACE NORTH, LOxAHATCHEE, FLORIDA 33410
SKETCH OF BOUNDARY SURVEY
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LOT 6. BLOCK 20
(OCCUPIED)
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! LOT 19. ~ LOT 20. BLOCK 20
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BLOCK 20 (TH D ELEVATIONs19.43)
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SUR\IEYOR'S NOTES:
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DESCRPT1ON:
LOT 19; LESS THE EAST 2.0 FEET, BlOCK 20. LAKE BOYNTON ESTATES PlAT 1.ACCOROING TO THE PLAT THEREOF. AS
RECCiRDE01N PLAT BOOK 13. PIoGE$ 32ANO 33. OF THE PUBLIC RECORDs OF PALM BEACH~; FLORIDA.
CONTAINING: 5.780 SQUARE FEET (0.13 ACRE) MORE OR LEsS.
PROPERTY CONTRClNO. ~2941~191
Certification: .
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FLORIDo\ REOISlERED I.AICISIiRvEYoR 14225 MYRi:lH w. aow
HOT VAl..O WITHOUT N( SIGNATURE AND SIlOSSED S6U. OF CERTIFYING StIR\'FtOR.
SYMilOL LEGEND
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PROJI!CT NO. J03.Oll18
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Statement of Special Conditions, Hardships or Reasons
Justifying Requested Variance/Exemption
, A~gust 20, 2003.
Leoal Description:
LOT 19, LESS THE EAST 2.0 FEET, BLOCK 20, LAKE BOYNTON
ESTATES PLAT 1, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 13, PAGES 32 AND 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
A. Existina Soecial Conditions and Circumstances
The subject property is a vacant lot which appears to have only been 50 feet wide when
the. subdivision was platted. At some point the East 2.0 feet of this parcel was
transferred to the property owner immediately to the east of this lot, leaving the subject
parcel 48 teetWide~ The . majority of ttleother lots in this 'subdiVision 'are 62.5 feet Wide:
The depth of the property is 125 feet which appears to be the standard depth of the lots
in this subdivision. The applicant desires to construct a new home on the property.
However the width of the property necessities the request for the following three (3)
variances from City of Boynton Beach municipal codes: -
Variance
12.0
1,740
2.5
B. Soecial Conditions and Circumstances Not a Result of Aetions of the Aoolieant
The applicant, Buyer's Invesbnent Group, Ltd., Inc., took title to the subject property via
Tax Deed, dated May 21, 2003 and recorded in Official Record Book 15257, Page 163.
of the Public Records of Palm Beach County Florida. Prior to this time, the applicant
had no right, title nor interest in the property. The property was platted and the East 2,0
feet sold prior to the acquisition of the property by the applicant and it was purchased,
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C. Grantinq PfODOsed Variance Will Not Confer a Soecial Privileae on ADolieant
The applicant wishes to construct an approximately 1 ,750 square foot, single-family
home on the subject property. This home will be approxima)elythe same size as
surrounding homes. The proposed variance will, in no way, create a condition or
circumstance that is not afforded to all other property owners in this subdivision.
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Statement of Special Conditions
'Page 2
D. Utera//nteroretation of Code Will Deny Aoo/ieant of Riahts' Commonly Enioyed By
Others
If interpreted literally, the aforementioned Codes governing lot size, lot width and side
setback requirements would deny the applicant the right to build a home of any size on
this property. The property would be rendered virtually worthless.
E. Reauested Variance is the Minimum Reauired to Allow a Reasonable Use of
Prooertv
Again, the size of the proposed home is in keeping with the size of surrounding homes
within this subdivision, thus assuring its marketability. and maintaining neighborhood
consistency...Thesurvey.and site plan included. ,as. part of this .variance .request show,
that the proposed home is being built in such away that only the minimum variances
necessary are being requested. No variances are sought for the front, rear and east
side set backs.
Further, the side setback variance is requested for the west side of the property that
boarders private, vacant land described as .Outdoor Recreational Park land-, rather
than another single-family residence.
F. Grantino Prooosed Variance is in Keeoino with the Genera/Intent of Code and. Will
Not be Iniurious to the Area or Detrimental to Public Welfal8
The variances listed above are sought for the sole purpose of constructing a single-
family home that is consistent in size and appearlnce with other homes in the area,
. This will not be injurious or detrimental in any way to the surrounding property ~ or
general public. To the contrary, the construction of this home will actually be beneficial
in that: .
1. The improvement of the property increases its taxable value.
2, . The new home should increase surrounding property values as the
property was historically overgrown and being used for the storage of
motor vehicles. In turn this will increase tax reveRues.
3. The improvement of the property will put an end to any past, or
. potential, future Code Enforcement issues related to. the property's .
historical condition as stated above, and related public health, safety .
and welfare concerns.
EXHIBIT "D"
Conditions of Approval
Project name: Buyers Inyestment Group, LTD, Inc.
File number: ZNCV 03-018
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Connnents: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None' - X.
FIRE
Comments: None X
POLICE
Connnents: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
.J
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
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