REVIEW COMMENTS
7.A.l
BUYER'S INVESTMENT GROUP
(ZNCV 03-018)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-249
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
Michael W. Rumpf ,,\!e-
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-l-A
Proposed Land Use/Zoning: No changes are proposed
Proposed Use: Single-family house
Acreage: 0.13 Acre (5,760 square feet)
Staff Report
Memorandum No PZ-03-249
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 meet the 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., 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 land, 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
land, 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 "(If, 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 "elf, 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 03-01B\STAFF REP. doc
R1A
...
1 in. = 100.0 feet
~...........'.:-....(....)....'............
c 7~U
-, dv:.
).. f () 1'\., \:-; '-
Location Map Buyers Investment Group L TD Inc. Exhibit "A"
EXHIBIT "B"
SURVEYORS
INC.
(561) 798-4001
1933647TH PLACE NORTH, LOXAHATCHEE, FLORIDA 33470
SKETCH OF BOUNDARY SURVEY
,,~
LOT 6, BLOCK 20
(OCCUPIED)
,,"
,
FOUND 518' IRON ROD
....tQ~
FOUND 4')(4' PRM j
LB-193O ("K&N')
(0.1' NORTH, 0.6' WEST)
?.>
1
,'b.
~
-r
~ 11
~ LOT 19, ;;
! BLOCK 20
(VACANT)
22.00' 12.00"
~ i!
"
12.00'
LOT 20, BLOCK 20
(OCCUPIED)
(THRESHOLD ELEVATION=19.43)
TRACT B
CRYST AL KEY AT
WOOLBRIGHT PLACE, P.U.D.
S' WOOD FENCE
FENCE CORNER
(0.1' EAST)
LOCATION MAP
,,~ (:) ,,'\~ .....'O~ (:)
, 0 j PROPOSE: RESIDENCE 0
+ c:i ,'1>. c:i
N N
~ ~
t;
:;l MINIUMUM FINISHED lIi
FLOOR ELEVATION=18.9
I
20.67' 8.00
0.00 !l !l
13.33' .. U5'1Ii
SURVEYOR'S NOTES.
1. Angles silo"'" hereon are taken from the rea>rded plat
2. Distances shown hereon represent field measurements and wilen applicable, coincide
with the recorded plat, unless otherwise noted. Distances shown hereon are in feel and
decimal parts thereof.
3. No search of the Public Rea>rds has been made by this office.
4. No documents regarding additional FestricCk)na, easements. and/or other matters, unIe9Ii
furnished to IhIs office. haw been shown urness stated hereon.
5. Infonnation regarding sub--surface Improvements, enaoachments, andlor overlaps, tf
applicable, has not been determined, unless otherwise noted.
6. Elevations sho'Ml hereon, if applicable. are shown In feet and decimal parts thereof.
Datum is based on the National Geodetic Vertical Datum (NGVDV(MSL) Mean Sea Level.
of 1929.
7. According to the National Flood Insurance Program, Fk>od Insurance Rate Map (FIRM)
Community Panel No. 120196 0003 C, last revised September 30, 1982. this property as
sho'M'l hereon lies in Flood Zones -S- and "C".
8. Public waler and sewer is available.
Ii!
III
PROPOSED
ORNE
,,'!>
,
lb.
FOUND 5/8' IRON ROD
& CAP ('K&N')
.,..
,,,,.
FOUND 518' IRON ROD
& CAP ('OSO")
FOUND 5/8' IRON ROO
& CAP ("K&N')
22706' (MEAS)
,'b'f'
~
th AVENU
,\1~
",'if'
'1>"
,<,.
(22' ASPHALT)
(SO' RIGHT-OF-WAY PER PlAT)
BENCH REFERENCE:
MANHOLE RIM lEVATION=15.9Q
's
~/,j,.9s
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. 08-43-45-29-01-020-0191
Certification:
I hereby certify lI1al this survey is !rue and a>necl \0 the best of my knoY.otedge and
belief and lI1at It meets the Aorida Minimum T ec!1 Standalds as set lorth by the Florida
Board 01 Professional Land Swveyors 1G17~, t:Jorida AdminiSlratlw Code, pursuanl
to Section 472.027, Florida Sta V'
By
SYMBOL LEGEND
Existing EIe.ation
ct Centerlme
@ Sanitary Manhole
FLORIDA REGISTERED LAND SURVEYOR #4225 MYRON W. BLOW
NOT VALID WITHOUT INK SIGNATURE AND EMBOSSED SEAL OF CERTIFYING SURVEYOR
SURVEY DATE. 8-15-03
UPDATES andlor REVISIONS
DATE
BY CK'D NOTE: Hortzon Surve)Ol'S, Inc. and cenlrylng.urwyor I118keno
repnasamations or guarantee. a.1O the infocmalion I1IfIllded hereon
pertl'nng 10 easements, righta-of-WIIY, set back ~nes. l8SI8N8tions.
8grM1menta and other SlmiIBr meters, and funher, Ihil i1stnJmeoI iI
nat intended t:I reflect or set forth all such matters. SLJd'I i'lformation
should be obtall"led and confirmed by others Ihru appropriate tille
verficallOn. landS shown hereon were nOl abstracted for nght-of-wey
and/or easements 01 record.
DRAWN BY: 0
CHECKED BY, MB
FB. FILE P.G.
Underground utitides not kx:ated except as shooMl.
PROJECT NO. J03-0818
\
.....
,
\ '
l
EXHIBIT "e"
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. Existina 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:
Variance
12.0
1,740
2.5
B, Soecial Conditions and Circumstances Not a Result of Actions of the Applicant
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. Grantina Proposed Variance Will Not Confer a Special 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 approximalely 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.
EXHIBIT "e"
"- ','
,.
Statement of Special Conditions
Page 2
D. Literal Interpretation of Code Will Deny Aoolicant 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
Prooerly
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. Grantim] Prooosed Variance is in Keeoino 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 appearfnce 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:
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/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING & DEVELOPMENT 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\Buyers Investment Group, LTD., Inc\COA.doc