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LEGAL APPROVAL "" ~(7" .. . ::... ".. ~"""'" ...,."": \.u , ~, ~ U .1 \... 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 " DEVELopr 'NT ORDER OF THE CITY COMM" '~ION OF THE 'CITY OF BOYNTON BEACH, FLOmt$A be~ 1'iz.., -eldj ~Uc.. 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 f' 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 \ \pATED: S:\PIanning\SHARED\WP\PROJECTS\Buyers Investm . ~ " ., R1A l' -+- 1 in. = 100.0 feet ,~ ' i. ~ ,((1< \ '\. ) ~ . t- .//, ;' .....J_.~-'- "' ' . ':' - Location Map Buyers Investment Group L TD Inc. Exhibit "A" '. ;~, :.,'.....,c' .f". ;'.,:". . L.. ':"if'\~~!.';i;~;;'; .... : :."EXHI BITi ~B~:~i: ~.. - - -~- -- -----~_._-_. . .... -.' SURVEYORS. INO, (561) 798-4001 19836 47TH PLACE NORTH, LOxAHATCHEE, FLORIDA 33410 SKETCH OF BOUNDARY SURVEY ~,. LOT 6. BLOCK 20 (OCCUPIED) '" + ~.,. " FOUND 518' IRON ROO ",,-:> FouND 4')(4" PRM J Lll-1930 (1<&H") (0.1' NORTH. 0.6' WEST) ...... ~ ~r ! LOT 19. ~ LOT 20. BLOCK 20 ~OCCUPlED) BLOCK 20 (TH D ELEVATIONs19.43) (VACANT) rWDCID ,...,.. LOCAnON MAP PINCE_ (OLrEMTl I ...... ':LOlr ! 9 ,..... TRACT B CRYSTAL KEY AT WOOLBRIGHT PlACE. P.U.D. . r~ ", J-.!- iaNIuMuM FINISHED ; I Fl.OOR ElEVAnONala.9 ';'<& o o O. N ..- SUR\IEYOR'S NOTES: t. NrrJea..-.-....... tam 1hIt__ 2. DiIlIncea __..- _ __ ond........ oppIc:oIJIi,......... ....._...........__ DiIlIncea___In._ond ......... .....- S. No_oI.. PubIc_____..,........ 4. No.cIclcu-*~.........-._ ___.--.__ _ ............ _ _____11II'-" 5.~~__.~.........~...___, .............. _ naj _ dolInlIiMd. ___...... e. ....... _......., ~.. _Infeel ondcloclmll...........,. 0lIIIInI.. bOIled enlhlt _ GeodelIc V..- DIIIm (NGYD)1NSL) Neon Sea LM. 01 tt2ll. 7.-........___"'-' ___Mop(FlRM) ==-~': =='Il"c.:~ SeplImIier30. t982. ....PftlP8I\1- .. PubIc_ond _..-.. IJIlI' .. FOUND 518' IRON ROD & eN> ('K&N') =- FOUND 518' IRON ROO .. eN> ('l<&N') . ...:9' 227.011' (MEAS) . FOUND 518" IRON ROO & eN> ("OSO') ~,. . . ~4 .. 4. (2Z' ASPtW. T) (50' R1GHT4<,w7PER P\.AT) " 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: . ......,....,.... .........,.. _.. _lit ....1IIot............... ond .....,ond....._...."~..........T ............_..,...._ __"'................lluo...... ,.... 10. 17... . _..........COdo,....... "_472.027.~ . . .. ~. ... .. FLORIDo\ REOISlERED I.AICISIiRvEYoR 14225 MYRi:lH w. aow HOT VAl..O WITHOUT N( SIGNATURE AND SIlOSSED S6U. OF CERTIFYING StIR\'FtOR. SYMilOL LEGEND eJlatng EhNIlIon <t CenIeItIne @~- SUIM!Y[Ijl,TE: 8-1lHl3 UPOo\TE8 __REYISIOHS .OATE BY CK'D NOIl!:. -........... .........._-.. ..-..... ",............................--. -..----...--- -....---............-. ..--..-.....-......-......- _bo___...._..._... .......1.andI....... tMi..on... noli.................., --..- DRAWN BY; 0 CHECl<EDBY: Ie F.B. FILE P.G. ~.... nal..........._"'-- PROJI!CT NO. J03.Oll18 . , -' ~'.... .~ .., !o, ~ , \~'.~:-' (~~ ",. :: :;"::~~XHiBTf~fi{j~~ -. . ..~,." .,.';......' ...~;-::...n.:.:..: ..........-.';':'i":"~,....., 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, ~s~. ' 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. '" .... . .t, . / . ,.'=w,,,-,~~ ... E5<HIBrt;l~t ..' (,. OJ" .." ,-:. (. ;: ....... :' 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. ~ S:\Planning\SHARED\WP\PROJECfS\Buyers InveStment Group, LTD., Inc\COA.doc