APPLICATION
City Codes Accessed Via Website
, \\ .Nw.bo)mton-beach.org
www.:lmleg:lLcomlboynton_bc:lch_f1.us
Has applicant attended a pre-application meeting? '1es
Date ~~
SUBMITTAL DEADLINE:
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SUBMITTAL DATES: .NiNe lEFT __ i
CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION
Please Print (in ink) or Type
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot( s) \ q )
I ,I 0".+ I I i 1.0 ~ek
Block 20 Lake.. 6~V)to'" E"STO\.~t'S rf': ~_ i llec;.~ t1'){ &..s~, Subdivision
Plat Book
13
Page
4:#\. .
~ Ave.V'\ue.
3'2 or otherwise described as follows:
(v (ACC\.V\+ )
Property Address
s.w.
PCN Number
O'?5- 43- 4<) -Q,q - 01- 0'20 - OlC\' I
Variance requested including code chapter and section, existing code standards (i.e.
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code standard minus requested standard).
) (ht~p+e( 2. Sect-to." S (D) (2) (0. ') = 1="rcJV,tGA.~ ~ 60 i - 48
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The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
Zoning Code Variance Application
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
theTr property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as addressed envelopes and postage (151 c1ass--stamps or
payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an a~ent is submittin~ the petition, a notarized copy of a letter desi~natin~ him as
such must accompany the petition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
1:m.&
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 chapter 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 and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
2
Zoning Code Variance Application
6.
An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
6v'1er'S Tvwef"t-ne.n\ GI~"vP, L-\J.) Tnc.
Name and address of owner: i l\: 00 A I i endCL\e Rc.c...d, Sv. ~~ i
\..ve~+ rR\V'n Gec~ch , F"lof',dCL '3,'34:0~
Name of applicant: Ai' P , I
\ (\.Y\ D K e., "tse( ) residel"1t
Applicant's address: (s (vnl2. \
7.
8.
10.
Applicant's phone #: ('S"61) b Sb - 14' 4 7
() /?-0/03
, (
Representative of the project must be present at all Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
Date:
Signature of Applicant:
9.
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
APPLICANT'S PROPERTY.
RS WITHIN FOUR HUNDRED (400) FEET OF THE
All applications received by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property
owners within four hundred (400) feet of the subject property, and addressed envelopes. Applications will not be accepted without
these mailing labels.
CONT ACT:P ALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone: (561) 355-2881
FAX: (561) 355-3881
updated 10/16/01
J :ISHRDA T AIPlanninglSHAREDlWPIFORMSIAPPLlCA T10NS\ZNCV\ZNCV application with PCN.doc
3
Statement of Special Conditions, Hardships or Reasons
Justifying Requested Variance/Exemption
August 20,2003
Leaal 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:
uest Variance
12.0
1,740
2.5
B. Soecial Conditions and Circumstances Not a Result of Actions of the Aoolieant
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 Prooosed Variance Will Not Confer a Soeeial Privileae on Aoolieant
The applicant wishes to construct an approximately 1,750 square foot, single-family
home on the subject property. This home will be approximately 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.
Statement of Special Conditions
Page 2
D. Literal Interoretation of Code Will Denv Aoolicant of Rights Common/v Enioved Bv
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. 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 Prooosed Variance is in Keeoina with the Genera/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 appearance 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,
THE AFFORDABLE HOME COMPANY
1400 ALLEN DALE ROAD, SUITE 1
WEST PALM BEACH, FLORIDA 33405
PHONE: (561) 65&4447 FAX: (561) 65&4469
August20,2003
Boynton Beach Variance Board
Boynton Beach City Commission
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re: Vacant Property Located on Northwest 4th Ave.
To Whom it May Concern:
Buyers Investment Group Ltd., Inc. recently purchased a vacant lot located on
Northwest 4th St. The property is more particularly described as:
Lot 19, Block 20 Lake Boynton Estates Plat No. 1 less the East
2.0 Feet as recorded in Plat Book 13, Page 32 of the Public
Records of Palm Beach County, Florida.
Property Control Number: 08-43-45-29-01-020-0191
This lot is smaller than surrounding lots on the same and adjacent streets.
However, it is of sufficient size to support construction of an approximately 1,750
square foot home. The construction will require the following variances:
1. Lot size - City Code requires a minimum lot size of 7,500 square
feet. The subject property is approximately 5,760 square feet.
2. Frontage - City code requires 60 feet of frontage. The subject
property has approximately 48 feet.
3. Side setback - City Code requires 7.5 feet for the side setback. The
proposed construction will necessitate that only approximately 5 feet
will be available on the west side setback. The east side set back
and front and rear setbacks will be to code, I should also mention
that the western boundary for which the side setback variance is
requested, borders a large undeveloped tract and not another single
family residence.
We feel that the addition of this home will boost adjacent property values and
beautify the street as this vacant lot was overgrown and being used for the
storage of multiple vehicles by others.
Boynton Beach City Commission
Page 2
In addition to the information required by the City to consider a variance from
these codes, I have attached a list of signatures from adjacent property owners
who support the construction of this home. I have also attached a proposed floor
plan and front elevation of the proposed home.
Thank you for your consideration of my request.
t-{)
Alan 0, Mentser
President
ADMlJO
Attachments: (5)
Specific Variances Requested:
1. Lot size - City code requires 7,500 square feet. The subject
property is approximately 5,760 square feet.
Variance Reauested = 1.740 SQuare feet
2. Frontage - City code requires 60 feet of frontage. The subject
property has approximately 48 feet.
Variance Reauested = 12 feet
3. Side Setback - City Code requires 7.5 feet. The proposed home
will require a 5 feet for the setback on the west side of the
property.
Variance Reauested = 2.5 feet
, '
To Whom it May Concern:
As an adjacent property owner to the property located on Northwest 4th Street
and more particularly described as:
Lot 19, Block 20 Lake Boynton Estates Plat No. 1 less the East
2 Feet (Plat Book 13, Page 32)
Property Control Number: 08-43-45-29-01-020-0191
I support the variance of the following City Codes to allow for construction of a
new home on the property:
NAME
ADDRESS
DATE
SIGNATURE
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To Whom it May Concern:
As an adjacent property owner to the property located on Northwest 4th Street
and more particularly described as:
Lot 19, Block 20 lake Boynton Estates Plat No. 1 less the East
2 Feet (Plat Book 13, Page 32)
Property Control Number: 08-43-45-29-01-020-0191
I support the variance of the following City Codes to allow for construction of a
new home on the property:
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Recorded in Palm Beach County OS/21/2003(, 2:05 PM Dorothy H. Wilken
O.R. BKlPG 15257/0163 20030295981 AMT 8,100.00 Doc Stamp 56.70
TAX DEED
Dorothy H. Wilken
Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following Tax Sale Certificate Numbered 14131 issued on May 31, 2000 was filed on the Office of the Tax Collector of this
County and application made for the issuance of a tax deed. the applicant having paid or redeemed all other taxes or tax sale
certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice
of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land
was on the 21 th day of May, 2003 offered for sale as required by law for cash to the highest bidder and was sold to:
BUYER'S INVESTMENT GROUP LTD.. INC
ADDRESS:
1400 ALLENDALE ROAD
SUITE I
WEST PALM BEACH,FLORIDA 33405
being the highest bidder and having paid the sum of his bid as required by the Laws of Florida.
NOW, this 21th day of May, 2003 the County of Palm Beach, State of Florida, in consideration of the sum of
($ 8,100.00) EIGHT THOUSAND ONE HUNDRED AND 00 /100....-Dollars, being the amount paid pursuant of the Laws of
Florida docs hereby sell the following lands situated in the County and State and described as follows:
LAKE BOYNTON ESTS PI. 1 LT 1 <J I.E.'iS E 2 FT BLK 20
PROPERTY ID NUMBER 08-43-45-29-01.020-0191
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DOROTHY H. WILKEN (.t~07l:::f,I'C\,
CLERK OF THE CIRCUIT COURT \~ I ill ; 1
PALM BEACH COUNTY "~~~CH~;/
BY: ~/. ~fl.
TAMARA T ~i-/ <-0
On this 21 th day of May, 2003 before me DAVID GILLESPIE personally appeared TAMARA T. STAMBAUGH a Deputy Clerk
for Clerk of the Circuit Court in and for the State and this County known to me to be the person described in and who executed the
foregoing instnunent, and acknowledged the execution of this instrument to be her own free act and deed for the use and purpose
therein mentioned, who is personally known to me and who did not take an oath.
Witness my hand and official seal date aforesaid.
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N9~ARY PUBLIC ST~E OF P(ORIDA
. -~m~~"h David G' elpie
f.ift. f.\Comm1ulon III D 126671l
i~ v...>>~ Expi.re:5 JIW 17, 2006
~l'1 ~~ Bonded lbru
.,~,,\\\, AUiJJOC Bo::cmg Co. flOC.
SURVEYORS,
INC.
(561) 798-4
1933647TH PLACE NORTH, LOXAHATCHEE, FLORIDA 33470
SKETCH OF BOUNDARY SURVEY
LOT 6, BLOCK 20
'1, (OCCUPIED)
",.
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4' CHAIN LINK FENCE ON LINE
FOUND 4"X4" PRM
L8-1930 ("K&N")
(0.1' NORTH, 0.6' WEST)
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LOT 19,
BLOCK 20
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M MINIUMUM FINISHED '"
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FLOOR ELEVATION=18.9 '"
6.00'
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8.00'
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PROPOSED
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FOUND 5/8" IRON ROD
& CAP ("K&N")
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FOUND 5/8" IRON ROD
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LOT 20, BLOCK 20
(OCCUPIED)
(THRESHOLD ELEVATION=19.43)
6' WOOD FENCE
FENCE CORNER
(0.1' EAST)
LOCATION MAP
SURVEYOR'S NOTES:
1. Angles shown hereon are taken from the recorded plat.
2. Distances shown hereon represent field measurements and when applicable
with the recorded plat, unless otherwise noted. Distances shown hereon are in
decimal parts thereof.
3. No search of the Public Records has been made by this office.
4. No documents regarding additional restrictions, easements, and/or other mal
furnished to this office, have been shown unless stated hereon.
5. Infoffilation regarding sub-surface improvements. encroachments, andlor OVI
applicable, has not been deteffilined, unless otherwise noted.
6. Elevations shown hereon, if applicable. are shown in feet and decimal parts t
Datum is based on the National Geodetic Vertical Datum (NGVD)/(MSL) Mean:
of 1929.
7. According to the National Flood Insurance Program, Flood Insurance Rate M
Community Panel No. 1201960003 C. last revised September 30.1982, this pr
shown hereon lies in Flood Zones "8" and "C".
8. Public water and sewer is available.
FOUND 5/8" IRON ROD
& CAP ("K&N")
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"ro.
-.
FOUND 5/8" IRON ROD
& CAP ("OSO")
227.06' (MEAS)