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APPLICATION c . j" PROJECT NAME: MRK,. tCKA LOCATION: 203 NW 3RD STREET PCN: 08-43-45-28-10-001-0091 I FILE NO.: ZNCV 02-005 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: same Pamela Mrkvicka PHONE: PHONE: 561-.734-6847 FAX: FAX: none given ADDRESS: ADDRESS: 203 NW3rd St. Boynton Beach, FL. 33435 Date of submittaVProiected meetin2 dates: SUBMITTAL / RESUBMITT AL 2/13/02 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 2/22/02 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT 3/12/02 AGENCY BOARD CITY COMMISSION MEETING: 3/19/02 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\MRKVICKA\2002 PROJECT TRACKING INFO,doc A) Our house was built in 1925. The finished grade on most of the south side property line is 2'4" higher than that of the city and our surrounding neighbors. B) There is a retaining wall which existed when we bought the property. The retaining wall is a nJnwayllaunching ramp for children. It is also a fa...oote sitting area for assorted inrn\'(duals After the sun goes down it is not uncommon to Ijew ladies soliciting and men selling their products from our retaining wall. We frequently pick up beer bottles and other trash that has been left on our lawn from the night time \,(sitors, Two homes in our area (one down the street the other directly across the street) were recently burglarized. The indi\otdual who robbed the house down the road dumped a stolen lV and bicycle in our yard in his efforts to elude the police. C) The granting of this variance would only gh.e us what e\.el)'one else has or is entitled to haw; a reasonable barrier to insure safety, privacy and protection, D) Denying our request would place us at risk for liability suits, promote undesirable acti\otty in our neighbortlood and depriw us of our right to a reasonabte barrier. E) A 4 foot high fence is allowed from finished grade. We are asking for a 3' 8" stucco wall matching the texture and color of our home running the length of the south side property line minus the 25 foot set back. We would like to continue that height for the 25 foot set back on the west side property line. Prior to beginning this project an old 6 foot high wooden fence ran along the entire west side. F) The completion of this project is in no way detrimental to the pubic welfare. It will cause no traffic concern and will eliminate many safety issues. Approval of this \6riance will complete an imprO\.ement project suited to our 1925 Mission style home. We haw taken out a home equity loan to fund this endea\<>r. This is a substantial inwstment in our home, neighbortloocl and hence this city. FEB , 3 2uu~ Wl!dnesday, February 13, 2IlO2 Amerk:a OnHne: MerI1n MrIlvItka PIge: 1 ~ity Codes Accessed Via Website . ~v.bovnton-beach.org wWw.amlegal.comlboynton_beach_fl.us Has applicant attended a pre-application meeting? '1 Q, S Date 7r" \3/0'/' CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: 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) II B I q, \ D ~ \ \ ~~J.. W) , 0.( -\- . Block \) ~D'i~ ~ 5"-\-5 ~~ ~ c\ A. dol.. -\-;a-r-., Subdivision Plat Book \ 0 Page b ~ or otherwise described as follows: Property Address ;;ro::s N'^-.J s.,.- A St-. PCN Number 09> l....\~ 115 d~ \ D oc>\ OD9 \ 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). .fy(')vY\ c..}A~~ ?-~t"\dlso.rmo-nL\SI\ 'L'b~~j CJ... \...\ ~-\- 'N oS-Q ~ ~ ~ ~~ ~ '-? ~ \ J-. \ n j \."' r"\.Q.., CL 3' ~ " f ,<) r t. U ,c~ ~cl -r~ Cl. .Q Q L~ C\... I, . L\... <CLt ~ !.-..l Ie It ~(..~ 4~ ~, ' The following docu ents 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. B. C. D. E. F. G. H. I. All property lines North arrow Existing structures and paving Existing elevations Rights-of-way, with elevations Easements on or adjacent to the site Utilities on or adjacent to the site Legal Description Number of acres to the nearest one-hundredth (1/100) of an acre r, , i ill j \ I ~'i \ FEB t 3 20UL 1'-' \,~ : l L- Zoning Code Variance Application J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: It' 3. 4. ;-5. 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 Certified list of names and post office addresses of property owners and legal descriptions of their 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 (1 st c1ass--stamps or payment for required postage). Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aQent is submittinQ the petition. a notarized copy of a letter desiQnatinQ him as such must accompany the petition. 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 ~ 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. 7. 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. Name and address of owner: PO""YYH.. \ Q. ('y) (' '{.."v \' c:...K C\. ~ 0 t-~ ~ k a..~ . 'd--03 ~\N >("0. S~. ~o'i\'"\~ 6SLo...~ ~L 33Y3~ Name of applicant: 8. 9. Applicant's address: 5 ~ o....~ 0-'0 () '\f-L Applicant's phone #; ls 10 ij J::;' '4 - 10 '0'-11 <'? o........J2... Date; L:' \;, - 0 r Signature of APPlicant~ ~ 10. Representative of the project must be present at all Technic I Review Committee, Planning and Development Board or Community Redevelopment Agency Board and City Commission meetings held to review this project. CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. 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 :\SHRDA T A\PlanningISHARED\WPIFORMS\APPLlCA TIONS\ZNCV\ZNCV application with PCN.doc 3 This Instrument Prepared By: Thomas R Sbahady, Esq. HOUSTON & SHAHADY, PA 316 Northeast Fourth Street Fort Lauderdale, Florida 33301 Property Control No. 08-43-45-28-10-001-0091 -------------(Space above this line for recording data)------------ FEB , 3 ml , i .J WARRANTY DEED (Statutory Form - Section 689.02, F.S.) THIS INDENTURE, made this 15th day of June, 2000, between EDWARD A. COx, also known as EDWARD COx, a single man, whose post office address is % Houston & Shahady, P.A, 316 Northeast Fourth Street, Fort Lauderdale, FL 33301, and THOMAS R. SHAHADY, a married man, whose post office address is % Houston & Shahady, P.A, 316 Northeast Fourth Street, Fort Lauderdale, FL 33301, grantor, and STEPHEN N. LEACH, JR., a single man, and PAMELA A. MRKVICKA, a single woman, as joint tenants with right of survivorship, whose post office address is 203 Northwest Third Street, Boynton Beach, FL 33435, grantee*. WITNESSETHi:hat said grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's successors and assigns forever, the following descn"bed land, situate, lying and being in Palm Beach County, Florida, to-wit: Lots 7,8,9, 10 and 11, Less the West ten feet (10') thereot: Block 1, BOYNTON HEIGHTS REVISED ADDmON, according to the Plat thereof on file in the Office of the Oerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida. SUBJECf TO: 1. Taxes for the year 2000 and subsequent years; 2. Zoning and/or restrictions and prom"bitions imposed by governmental authority; 3. Restrictions, easements, and matters appearing on the plat or otherwise common to the subdivision; 4. Public utility easements of record. N.B. Grantors affirm that the subject property does not now, nor has it ever, constituted the homestead of the Grantors nor is the subject property contiguous to the homestead of Grantors. Said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, grantor has herelDlto set grantors hand and seal the clay and year first above written. Signed, sealed and delivered m our presence: Printed name of \\itnesa If2 STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this 15th day of June, 2000, by EDWARD A COx, also known as EDWARD COx, a single man, and THOMAS R. SHAHADY, a married man, who ~ are personally known to me or who _ produced :&~/;:~;=O:(l_ Name. ~ Notary Public - State of Florida My Commission Expires: I'N'NI'N'N'N'NININNNI"U""'"'' w;,:>u>> ' . ,. , ~V~ "..n...."., CY,dw......1> (:W; Reno L. D~ >' ( '!1 . ~ NQfMy PYbllo( ~"te of Florida ; ( ">.I- 1fT, c~.i~ No. CC 676516 ) ~ OFP.O My Commillion .8xp. 10128/2001 ; ( 1-800-3.NOTAIY. I'Ia. Notary SeniAle &: BoIIdIc C<l ' !''''''''''m''''''''''m''''''''''m""~,,,J DOMESTIC OWNERS AFFIDAVIT STATE OF FLORIDA COUNTY OF BROW ARD BEFORE ME, the undersigned authority, this day personally appeared the undersigned Affiants, (hereinafter referred to singularly or collectively as "Affiant") who being by me first duly sworn, deposes and says: 1. That Affiant is the owner of the following described property: Lots 7, 8,9,10 and 11, Less the West ten feet (10') thereof. Block 1, BOYNTON HEIGHTS REVISED ADOmON, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida. 2. , That this Affidavit is being made with regard to the sale of the above-described property by Affiant to STEPHEN N. LEACH, JR, a single man, and PAMELA A MRKVICKA, a single woman, as joint tenants with right of survivorship, the "Buyer". 3. That the above described property is free and clear of all liens and encumbrances whatsoever except Mortgages( s) of record which the purchaser(s) assumed and agreed to pay in the Warranty Deed between the parties to the transaction, or which will be paid off and satisfied of record out of the proceeds of the sale of the property. 4. That there are no Mechanics' liens under Chapter 713 of the Florida Statutes filed against the above described property; that there have been no repairs, improvements, or other work done to or labor, materials or services bestowed upon the above described property or any portion thereof. for which any or all of the cost of same remains unpaid; that no person, :fum or corporation is entitled to a lien under Chapter 713 of the Florida Statutes. 5. That Affiant has no knowledge of any violation of city, county or state ordinances, laws, or governmental regulations that pertain to the above described property. 6. That there are no unsatisfied judgments recorded in the county in which the above-described property is located which constitute a lien on the property, nor any federal, state or county tax deficiencies which are a lien against the above-described property, except real estate taxes for the current year. 7. That Affiant is in exclusive possession of the above described property and no person. firm or corporation has any claim of possession which is not a matter of record. 8. That there are no matters pending against the Affiant which could give rise to a lien against the said property through the date of this affidavit or for the period between the effective date of the Title Insurance Connnitment issued by Houston & Shahady, P.A, agent for Attorneys' Title Insurance Fund, Inc. (the Title Insurance Underwriter), to the above-described Buyer and the recording of the interests to be insured. This Affidavit is being expressly made for the purpose of inducing the title insurance underwriter and its agent to insure the title to the above-described property and to disburse accordingly the proceeds from the sale of the above-described real property with the full knowledge that the title insurance agent intends to and shall. in fact, rely upon the truth and accuracy of the statements herein contained 9. Affiant agrees that in the event the current real estate and personal property taxes vary in amount from the figures used in making the prorations had in closing the transfer and conveyance of the above-described property to the said purchaser(s) then a new proration and a correct and proper adjustment will be made upon demand 10. Affiant understand(s) that Section 1445 of the Internal Revenue Code (the "Code") provides that Transferees (purchasers) of a US. real property interest must withhold tax if the Transferors (sellers) are foreign persons. This is to inform the Transferees (purchasers) that the withholding of tax is not required upon our disposition of a US. real property interest., and, we, the Transferors (sellers) hereby certify the following: (a) Affiant is/are not non-resident aliens or foreign persons as defined by Section 1445 of the Code, for purposes of US. income taxation. (b) Affiant US. Taxpayer Identifying Numbers (Social Security Numbers) are 024-26-6611 (as to Edward A Cox) and 233-64-5827 (as to Thomas R Shahady). (c) Affiant home addresses are: Edward A Cox: 9667 Sugar Pines Court Davie, FL 33328 Thomas R Shahady: 430 Northwest 131 Avenue Plantation, Florida 33325 FURTHER THE AFFIANT SAYETH NAUGHT. STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this 15th day of June, 2000, by EDWARD A COx. also known as EDWARD COx. and mOMAS R SHAHADY, who k.. are personally known to me or wh produced as identification and who did take an oath. Nam : Notary Public - State of Florida . 'W>!?IIII!JII""I1II1II1II1"'111111111NII1'"~1 ; ,,'I-' Plte( Rene L. oennwk : : ( ;~)~ ~ Notaty Publio, SllItc of Florida ': ~,\;;Y1.~ Commission No. CC 676516 :' >~ ':~'iFf\.O~ My Commission Exp. 10128/2001 ): >~ . .000-3-NOTARY . FIB. Notary Service &: BoDdina Co. : ' ~)'i ;>,))) )))')))))')')))).W.))))'i'))')')')'))')))))))))...))........." ' My Commission Expires: BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, THAT the undersigned, EDWARD A. CO~ also known as EDWARD CO~ and THOMAS R. SHAHADY, Seller(s), for and in consideration of the sum ofTen and 00/100 Dollars ($10.00), and other valuable consideration to them paid by STEPHEN N. LEACH, JR., a single man, and PAMELA A. MRKVI~ a single woman, as joint tenants with right of survivorship, Buyer(s), do acknowledge full receipt of the consideration from the Buyers, and do hereby grant, bargain, sell, transfer and deliver to the Buyers or to the executors, administrators, and assigns of the Buyers the following goods and chattels: All fixed equipment, all window screens, trea1ments and hardware, all attached floor coverings and attached lighting:fixtures as now installed on said property. Also included are the checked major appliances: stove .2l. refrigerator l, dishwasher -> disposal -' microwave oven -' trash compactor -' washer -' dryer -' owned pool equipment -' ceiling fans _' Additional Personal Property (if any): Water heater, air conditioner, window and door treatments said goods and chattels being located in the following described property: 203 Northwest Third Street Boynton Beach, FL 33435 legally described as follows: Lots 7,8,9,10 and 11, Less the West ten feet (10') thereof, Block 1, BOYNTON HEIGHTS REVISED ADDmON, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD, unto the Buyers and the executors, administrators and assigns of the Buyers forever. ANDhe Sellers do for themselves and their heirs, executors, and administrators, covenant to and with the Buyers and the executors, administrators and assigns of the Buyers that the Sellers are the lawful owners of the said goods and chattels, that the goods and chattels are free from all encwnbrances and that the Sellers have good right to sell the said goods and chattels and that the Sellers will wm'3Ilt and defend the sale of the said goods and chattels hereby made unto the Buyers and the executors, administrators and assigns of the Buyers against the lawful complaints and demands of all persons whomsoever. The Seller(s) have hereunto set their hands and seals this 15th day of June, 2000. SELLER(S): STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this 15th day of June, 2000, by EDWARD A COx, also known as EDWARD COx, md TIfOMAS R SHAHADY, who J::&... are personally known to me or who produced as identification md~d not take m oath. Nam : l('Jt!{{IV~~Of.p<<,W'&!"II"II"""~1 ['~~~v P&e. Rene L. DctUl:Wk ' . ( ~ ~ NaWy PubUo. Sllllll of Florida :' ~ ~~_~ Commi..ion No. CC 676516 '. ( '>OFf\.Q'li My CommiilSion Exp. 10fl8/2001 :' ( ,. ( 1-800-3-NOTARY - F\a. Notary Servioe & BODdiDg Co. ) , f';.,))) ))')'))'))')',..))')')))) ,;..)))))')) 'i',) 'i')')'i',)))))))))')))'i ' My Commission Expires: POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that EDWARD A COX, also known as EDWARD COX, and THOMAS R SHAHADY, have made, constituted and appointed, and by these presents do make, constitute and appoint RENE L. DENMARK. true and lawful attorney for them and in their name, place and stead as to any and all matters and dealings with the closing of the following described property, including the right to sign all closing documents necessary to close the property such as the closing statement, affidavit and any documents required to be signed by the Lender. Lots 7, 8, 9, 10 and Il,Less the West ten feet (10') thereof, Block I, BOYNTON HEIGHTS REVISED ADDmON, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for PalIn Beach CoWlty, Florida, recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida. giving and granting unto RENE L. DENMARK, said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as they might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that RENE L. DENMARK, said attorney or her substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 15th day of June, 2000. Sign~ sealed and delivered in our presence: ~.c__12 E.. A. ~;:ry.xJU\ PDatcd........c..m.-.2 \ STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 15th day of June, 2000, by ED)YARD A COX, also known as EDWARD COX, a single man, and THOMAS R SHAHADY, a married man, who X are personally known ronuwho_~ ~ UJ~tuk.annafi N""; ~'lP.'i1iAJmI SEl My Commission Expires: NOTARY PU8UC . 8TAT! OF FLORIDA 8REHDA 81<R1SSEL CN-oI8IOH. CC8Oll87, ~~ IOMlIO fHMI AM fiflMOTMY1 ~ ~ (j L) r- \ C\-~.~.> ..._/2:- 9--.), <; CD ~ -t\ ..., o 3 z ~ !, *' . f'",,; '. '\ ~ en r-+- . ".' I j )> < CD ,. ..! , z o ;:l. ::J'" <. ~ I 1 ft. '.o!." f.-' .-. r . "I''!,. ".~- - .'" , ",' 1II-t. , . , .. .-... ..., CD Q) ..., '< Q) ..., c. - T \/ \J~ "p ~ .' r\~t ",,'" \ .. .... < ~. =:- o 3 z ~ I r ~ ; j ! ' ....... C/l ..- ~ .'\ ,.. .J'" i )> < CD '. ; ,ltl' I' · z o :4- ::r < ~. I . . .I' I rk~" : '~ \\~ "\' ~~. . ~ L ~'I-" r:. , i b.~ r 1.- ,,' I > I ' ," f. ,.r. ......... CD Q) ..... '0~ ~ ..... c:,' L).e: ,- .' ;, \'. - '\--'" cf::o- ~ '"""C V ~ P 0'> r\- ,. " . , I .z .L ~t - ,