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AGENDA DOCUMENTS .Sl"f YO';;'.. /~ ~;--.';\ " \ i \ .... f \.. !Jj\ )Ii 0\ /0/ J-' /.~) 'V;'O~\>v . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 5, 2003 July 14,2003 (Noon.) D D August 19, 2003 August 4, 2003 (Noon) D D September 2, 2003 August 18,2003 (Noon) ~ D September 16, 2003 September 2, 2003 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 7. 2003 September 15,2003 (Noon) October 21, 2003 October 6, 2003 (Noon) November 5, 2003 October 20,2003 (Noon) November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM D Administrative D Announcement D City Manager's Report ~ Consent Agenda D Code compliancelLegal Settlements D Legal D New Business D Presentation D Public Hearing D Unfinished Business RECOMMENDATION: Please place this request on the November 5,2003 City Commission Agenda under Consent Agenda The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-249. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Buyer's Investment Group (ZNCV 03-018) Alan D. Menster, Buyer's Investment Group, LTD, Inc. Alan D. Menster S.W, 4th Avenue 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 on,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-I-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-I-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 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. PROGRAM IMPACT: FISCAL IMPACT: AL TERNATIVES: ; Develop e City Manager's Signature /LrJ 7___~ / Planning and Zo Director City Attorney I Finance I Human Resources S:\Planning\SHARED\ WP\PROJECTS\Buyers Investment Group, LTD., Inc\Agenda Item Request Buyer's InvestJT1CJt Goup ZNCY 03-019 11-5-03 .dot DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-24-9 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission Michael W. Rumpf \\\(~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-A. Planner ~ DATE: October 20, 2003 PROJECT NAME/NO: Buyers Investment Group S.W. 4th Ave/ ZNCV 03-018 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 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 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-1-A single family zoning district. PROJECT DESCRIPTION Property Owner: Buyers Investment Group LTD, Inc. Applicant/Agent: Alan D. Menster Location: S.W. 4th Avenue 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: 0.13 Acre (5,760 square feet) Staff Report . . , _~ _ .__ ~..J .~_ ~,_ ~- ...." ..... .41""\ ...Il;;;j".....,UIIUulll .iV. ~-UV-__.....J Page 2 Adjacent Uses: North: A single-family house zoned R-1-A, single family residential district; S.W. 4th Avenue right-of-way, and farther south a single-family residential district zoned P.U.D., Planned Unit Development; South: East: A single-family house zoned R-1-A, single family residential district; and West: A single-family residential district zoned P.U.D., Planned Unit Development. BACKGROUND The subject property is located within the Lake Boynton Estates subdivision. It is currently vacant and zoned R-1-A, single-family residential dwelling district (see Exhibit "A" - Location Map). The Lake Boynton Estates subdivision was platted in 1925. This plat was composed of lots measuring 50 feet wide. However, in an effort to meetthe minimum frontage (60-feet) in the R-1-A District, five (5) lots in the subject block ( S. W. 4th Avenue), the original lot lines were altered by previous owners resulting in the subject parcel having less than fifty feet of frontage. The subject vacant parcel (Lot 19) has a frontage of 48 feet and a total area of 5,760 square feet, and is the westernmost lot on the block, abutting open space within the Woolbright Place P.U.D.. It is a non-conforming lot because it does not meet the R-1-A district regulations. In this case, the provisions within Section 11.1.C.1 Non-conforming Lots is not applicable since the parcel is not an original platted lot and the frontage is less than 50 feet. Mr, Alan D. Menster, applicant for Buyers Investment Group LTD, Inc., is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit"B" - 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 lot regulations for 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: 7 112 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 5,760 square feet; · Lot frontage: 48 feet; · Front setback: 25 feet; · Rear setback: 25 feet; '. Side setbacks: 5 feet. Staff Report Memorandum No PZ-03-249 Page 3 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 lanrt structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning 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 < lanrt building, or structure. f. That the granting 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 emphasizing the applicant's response to the above criteria contained in Exhibit "C". The Lake Boynton Estates subdivision was platted in 1925 with varying lot dimensions. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-conforming, including those in the Lake Boynton Estates Subdivision Plat. Staff concurs with the applicant's response that there exists special conditions peculiar to the subject parcel. Staff acknowledges that the previous owners have likely caused the non-conformity by subdividing the original platted lots. Also, regardless of what allowable use is proposed for Lot 19, unless assembled with adjacent property, variances for lot area, and frontage 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 required minimum setbacks would not likely meet the minimum living area requirement. However, as proposed by the applicant and with approval of the variances, a 1,750 square foot home is proposed for this lot, comparable with other homes in the immediate vicinity. 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 similar variance approvals. Accordingly, denial of these variance requests 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 provide a minimum living area comparable to the existing residences in the neighborhood would still encroach into the side setback. It should be noted that the applicant is requisting relief from the side setback, which applies to the west property line. Along the western boundary of the subject property, the proposed layout indicates a six (6) foot setback, although the Staff Report Memorandum No PZ-03-249 Page 4 application is for a five-(5) foot setback. Staff acknowledges that to the west of the subject parcel, is an open space/preserve for the Woolbright Place P,U.D., where no buildings or structures are allowed. Therefore, if approved, the proposed setback variance would have no negative impact on the adjacent preserve, and would include a side setback (east) compatible with the adjacent property. As such, 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. 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 house sizes. Lastly as indicated above, the side setback variance being proposed on the west side of the home will allow compliance with the standard side setbck where the property abuts an adjacent built parcel. 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, and 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, which grant relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1) A 1,740 square feet reduction from the required minimum lot area of 7,500 square feet to allow a lot area of 5,760 square feet; 2) A twelve (12)-foot reduction from the sixty (60) foot frontage required by code to allow a 48-foot frontage; and 3) A 2.5-foot reduction from the 7.5 foot side yard setback required by code to allow a 5-foot side yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "0" - Conditions of Approval. MWR/MD S:\Planning\SHARED\WP\PROJECTS\Buyers Investment Group LTD, Inc.\ ZNCV 03-018\STAFF REP.dcc ... I ~~~'~:B~~~~4.{~~"'~~./ ~~~~~~>~~~~;:):;' 1"",.tr~;"'~~~~;i,~",~~K;-c:~1:":"r~~.~~' ~":~:";:~~':t.;,:'~,::"~~..: :-~..,-L~t;;..::: 'co' -.~.~'_:~(,,:~......<:"~. ~ ',. 1 in. = 100.0 feet R1A ~~) . '0'" Location Map Buyers Investment Group L TD Inc. Exhibit "A" :....- ",~~~~:::~.... ,..,~,;;;.~~~ .j..7j EXHIBIT. "B".: SURVEYORS INC. (561) 798-4001 1933647TH PLACE NORTH, LOXAHATCHEE. FLORIDA 33470 SKETCH OF BOUNDARY SURVEY ~?- LOT 6, BLOCK 20 (OCCUPIED) ,,'b + 48.00' FaUNa 5/6" IRON ROO ,~, ~'1. " .. CH....".. LINK FENCE ON U'>IE FOUND4"X4' PRM j ./~/ 'i-- LB.1930 ('1(&N') I (0.1' NORTH. 0.6' WEST) AS M T. t ,,,,. ~ -r ~ II LOT 20, BLOCK 20 LOT 19, (OCCUPIED) i BLOCK 20 (THRESHOLD ELEVATlON"9.43) (VACANT) r YW:IOO FENCE LOCATION MAP FENCe CORNER (CL1'EAST) I 22.00" 12.00" ~ II " 12.00' TRACT B CRYSTAl KEY AT WOOLBRIGHT PLACE, P.U.D. ~'!> 0 ,"'\~ ....fj9 0 , <=! J PROPOSE:RESIDENCE (;) + (;) ,~. Q N N .... .... ~ :a MINIUMUM FINISHED ill I FlOOR ELEVATlON"6.9 2O.sr ..... .... !l !l 13.33' .. t.15' . SURVEYOR'S NOTES: ,. Angles ""'"'" hereon ant raken I'mm !he IIICXlIded pial 2. Distances sh<nM1 hereon repreaent field measurements and ....nen appkable. coincide wtth lhe rea::N'ded plat. unless otherwise noted. Oistances shown hereon are in feel and decimal pans d1en!Iot. 3. No....R:I1 0I1ho Pubic: floc:o:Inn has been...- by 1I1is otIIce. 4. No documenlS regarding additional ntatricOOns. easements. and/or o[he( matters. unIesa furnished ID INa otftce. haw been sho'M'I UNSI staled hereon. 5. Information regarding sub-surface improvemencs. enaoed1menls. and/or CNeI1aps. if app.cable. heo nol been deletmined. unless _.. noled. 6. Elevations shaM! henlOn. if applicable. are shO'Nn in feel and decimal parIS thereof. Dallnn Is based an II1e Nallonal Geodetic VetlIcaI OalUm (NGVDY(I\ISL) Mean Sea L....... of 1929. 7. Accon:flng 10 !he Nallonal Flood In,.,,"nce Ptogrem. Flood Insurance Rate Map (FIRM) Community Panel No. 1201960003 C, lasl revised Sop_bor30. 1962.lhispropenyes shown hllMlOM Iiee in Flood Zones "8' and "C". 8. Public W1lIer and sewer Is .vaiIabIe. l! l'A<ll'OSED III D/WE FOUND 5/6' IRON ROD FOUND 5/8' IRON ROO & CAP ('1(&N") & CAP ('K&/r) ~",'f' ,00'9' .lb. 227.06' (?lEAS) ~~ ,,,,i' " 8 8 on '" ,1~ ",<f' ~~ ,.,. (22' ASPHAlT) ~ '0$ (SO' RIGHT-OF.WAY PER PlAT) BENCH REFERENCE: ~.i,~ WAHHOLE RJM LCVAI1ON_l5..Q8 FOUND 516" IRON ROD & CAP ("050') 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. CONTAINING: 5,760 SQUARE FEET (0.13 ACRE) MORE OR LESS. PROPERTY CONTROL NO. 08-43-4S.~1~191 Certification: I h_y CBt1ify "'81 lhb _ is .... and C<mlCt to !he besl 01 my knooMedge .., belief and "'81 ~ __.. Il1e _~lmum Tec!1 :aI S_nls as .., tanh by !he Florida Board 01 Prof_ Land Swwyore lG17-6, ~. Adminl_ Code. puBUlIIll to Section 472.027. F1crida S V' By FLORIDA REGISTERED LAND SURVEYOR 114225 MYRON W BLOW SYMBOL lEGEND ExlslIng EIewIlon <t Centerline ~ Sanlrary ManhDle NOT VALID WITHOUT INK SIGNA TURE AND EMBOSSED SEAL OF CERTIFYING SURVEYOR. SURVEY DATE: 6-15.03 UPDA res andIot REVISIONS DATE BY CK"O NOTE: .........Surw)OlS.lnC:. --~MneyOt__l'O ,.....,...,. Of P,.,.... '110 ItIe I'Ifonndan ~ ~ ~nftllD"""'" ~y. lei b.at.....~ ..,..".,...net 0Cf'Ier..,.., mil...... and fut\'l_. ". ~. nor ~ I:I~<<'" bnh allUdt ~ Sc.cn I'lbrmdan t:hOuld De dIIIM*I and CllIrIftIIMd I)., olhe/W lhtu ~.. ~ L..-:II.now. hereon _,.. nat.~tv~ .ndIot.......... QI ~ DRAWN BY, 0 CHECKED BY: MB FB. FILE P.G. Unde<graund ullftd_ noI_ ."""",.._. PRD.JECT NO. J03-081 8 "' r<: -.", r~' \.: . . ~~~~. ''''-'..~' -~~0.2~"'~~',7."lJ.'::"'!~e-.. ~EXHIBIT"C"- Statement of Special Conditions, Hardships or Reasons Justifying Requested Variance/Exemption - August 20,2003 Leqal 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. Existinq Special 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 feet wide. The majority of the other 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: A uest Variance 12.0 1,740 2.5 B. Soecial Conditions and Circumstances Not a Result of Actions of the Aoolicant The applicant, Buyer's Investment 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, "as is". C. Grantinq Proposed Variance Will Not Confer a Soecial Privileae on Aoolicant The applicant wishes to construct an approximately 1,750 square foot, single-family home on the subject property. This home will be approximalefy the 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. " \: :.:. -. (" ,. - . E)(H i B1':r I~C'il Statement of Special Conditions Page 2 D. Literal Interpretation of Code Will Deny Applicant 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. Requested Variance is the Minimum Required to Allow a Reasonable Use of Property 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. The survey and site plan included as part of this variance request show that the proposed home is being built in such a way 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. Grantina Proposed Variance is in Keepina with the General Intent of Code and Will Not be Iniurious to the Area or Detrimental to Public Welfare The variances listed above are sought for the sole purpose of constructing a single- family home that is consistent in size and appea~nce with other homes in the area, This will not be injurious or detrimental in any way to the surrounding property owners 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 revenues. 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 Investment Group, L TD, Inc. File number: ZNCV 03-018 Reference: DEP ARTMENTS INCLUDE REJECT 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 FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Buyers Investment Group, LTD., Inc\COA.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 CODV of agenda 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 DAu ust 5, 2003 DAu ust 19 2003 DSe tember 2 2003 DSe tember 16, 2003 DOctober 7, 2003 DOctober 21 2003 ~November 5, 2003 DNovember 18, 2003 < Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head D Wilfred Hawkins for de artments under Administrative Services D Finance De artment for items that involve ex enditure of funds D All back u material is attached ~ All exhibits are attached & marked e. ., Exhibit "A' ~ la:V Department Head's initials: '{\ Buyer's Investment Group (ZNCV 03-018) Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager's signature D Person contacted to pick up rejected request on by bg - 7/19/02 J:\SHRDATA\Planning\Planning Templates\Agenda Item Cover CHECKliST Aug 5-Nov 18, 2003.doc (Date) . . DErARTl\n~1\'-; OF DEVELOPMENT MEMORA1DUM NO. PZ 03-243 TO: Janet Prainito City Clerk \,\vXC-- Michael VV. Rumpf Director of Planning and Zoning FROM: DATE: October 7,2003 SUBJECT: Buyers Investment Group LTD, Inc. Lot Area, Lot Frontage and Side Setback variances ZNCV 03-018 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $600.00 for the variance to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the October 28, 2003 Planning and Development Board meeting, and the November 5, 2003 City Commission meeting. Please advertise in the newspaper and send notice to property owners accordingly. S:\Planning\SHARED\ WP\PROJECTS\Buyers Investment Group L TO, Inc\ZNCV 03-0 I 8\Legal notice. doc 1\ :ICE OF PUBLIC HEARING ,";01 ~CF IS HERE-:UY C'VI~-'" that t1;:- L :lowint.: 3;'1' lca:ion 11.:.:: ;'.crl i~;,,": L- t;:~ r L:\ <', ,> ;,; A\~) DEVELOI>MENT BOAhj) of the CITY OF BOYNTON BEACH, FLORIDA, for a he~,:ing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Buyers Investment Group L TD Inc. 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 of7,500 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: " 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: 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-1-A single family zoning district. Location: North side ofS.W. 4th Avenue approximately 250 feet west ofS.W. ih Street. Legal: 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 PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT 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, OCTOBER 28, 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 PLA1~NING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST October 14, 2003 P~QUEST FOR PUBLISHING LEGAL NOTl ,S AND/OR LEGAL ADVERTISEl\~TS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning Division PREPARED BY: Michael Rumpf DATE PREPARED: October 7. 2003 BRIEF DESCRIPTION OF NOTICE OR AD: Three (3) zoning code variances for a single-family house to be built on a lot with a lot area of 5.760 square feet in lieu of 7.500 square feet required. with a lot frontage of forty-eight (48) feet in lieu of sixty (60) required. and with a side yard setback of five (5) feet in lieu of the 7.5 feet required for a single-family house in a R-I-A zoning district. Planning and Development Board meeting to be held on October 28. 2003 at 6:30 p.m. at the Commission Chambers. City Hall. 100 E. Bovnton Beach Blvd.. Boynton Beach Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked October 14. 2003) within 400 foot radius of the subiect property. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: October 14. 2003 LAST DAY TO FAX TO THE PAPER BY 3 :00 P.M.: October 10. 2003 APPROVED BY: (1) -k()~ (Originator) (2) ~67 Wt!/~ k-. ( ity Attorney) I /0 - 7 -c) J (Date) Iv-IO-C]' (Date) RECEIVED BY CITY CLERK: COMPLETED: ~"TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Buyers Investment Group L TD Inc. 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 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-I-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 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-I-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 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: North side ofS.W. 4th Avenue approximately 250 feet west ofS.W. 7th Street. Legal: 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 PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT 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, OCTOBER 28,2003, 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. PUBLISH: THE POST October 14, 2003 CITY OF BOYNTON BEACH PLANNING AND ZONING DMSION (561) 742-6260 \~. 'r-' :-