LEGAL APPROVAL
-
Ducoste-Amedee, Maxime
From:
Sent:
To:
Subject:
Rumpf, Michael
Friday, May 16, 20032:34 PM
Ducoste-Amedee, Maxime
Black variance
Max, we have Quintus' support to approve the request without a variance based on the characteristics (orientation) of the
adjacent homes, and due to the fact that we accomplish nothing by holding to it. I told him that an application was
submitted. He simply said if it were him, he'd let the guy have it.
Perhaps if you word it like this, after further review, particularly against zoning theory and other cases, we have come to
the conclusion that there is no rationale for a mandatory rear setback on a corner lot, where both adjacent properties
maintain side setbacks where they abut the subject corner lot. Rather than proceeding to the hearing with this justification
for the hardship and variance, we are in support of withdrawing the application and construing the setback to be the "side".
However, a legal ad has already been published leaving us only the remainder of the application fee to refund. Sound
good?
Mike
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SURVEY CERTIFIED TO: Donno H. Block; Sterling Sovlngs Bonk Its
successors ond/or osslgns os their Interest moy oppeor; Universal Land
Title; Inc.
PROPERTY ADDRESS: 202 N.E. 15th Avenue, Boynton Beach, Fl.
DESCRIPTION: FLOOD ZONE: C
Lot 1, Block 14, SECOND ADDITION TO ROLLING GREEN, according to the
Plot thereof on file In the OHlce of the Clerk of the Circuit Court In and
for Polm Beoch County, Florida, recorrJed In Plat Book 24, Page 155.
, HEREBY CERTIFY thai the pia' shown hereon Is 8 true and correct representAtion of a survey of the proporty described In 'he caplton thefOO
m lIt. under my direction. and Is accurale to the best of my knowlodge and bollel, and thai there are no apparont encroachment. ull~ess Iho
, 'lul~hlr cerUly this meets Ihe Minimum TechniCAl Slandartls odoplnd by thl) Florida Board 01 -%d . _%
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Linton Black Variance ZNCV 03-003
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Certified To : Donna H. Black
Prooertv Address: 202 N.E. 15th Avenue, Boynton Beach, FL
Flood Zone: C (FIRM 120196 0004C 9-30-82)
Descriotion:
Lot 1, Block 14, 2ND ADDITION TO ROLLING GREEN, according to the
Plat thereof as recorded in Plat Book 24, Page 155, of the Public
Records of Palm Beach County, Florida.
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SURVIW NOTRS
I) TillS SURVEY IS NOT TO DE USED FOR CONSTRlICTION OR IlESIGN PURPOSES.
2.) Lands shown hereon were not ahslracled by this Office for CltStllltllllli, rigllls-of.way, or olher
in~nlmCnl'l of record.
3.) No underground improvements located unless shown.
4.) All hearings and distances shown hereon are pial nntl measured unless otherwise notcll.
5.) Unl~s.'l it he31'S the signature and the originltl rltised seltl of a Floridlt licensed surveyor And mltppcr,
thi.'llllaplrcport is for infonnationltl purposes only ltnd is not valid.
6.) 'l1\is IimlS "Certificale of Authorization" nllmher is "LB 6R3R"
~ N 0 F F . fiNISHED FLOOR
I~ CALCULATEO FO . FOUND
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REVISIONS
V'P'Or-\'Te ~Ur.!."l;;'" l=~(JM 1'~.s.C}'tl
"TO' ~ 0 2.00
8R . BEARING REFERENCE
".... . ,...."''''11'''1...1 AECORO BOOK
PI . POINT OF INTERSECTION
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Account #
Ad#
Description:
Size:
Amount:
PALM BEACH NEWSPAPERS, INC.
The Palm Beach Post
2751 S. Dixie Hwy., West Palm Beach. FL 33405
Phone: (561) 820-3106 Fax: (561) 820-4340
Legal Advertising Invoice
241582
Advertising Deadlines
7246883
Publish
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Not: Linton Black Variance
7 "
$177.38
Published: May 12, 2003
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
'1
Deadline
Friday 3PM
Friday 3PM
Monday 3PM
Monday 3PM
Wednesday 3PM
Thursday 3PM
Thursday 3PM
/
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Tracey Diglio, who on oath says that she
is Telephone Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper
published at West Palm Beach in Palm Beach County, Florida; that the attached copy of
advertising, being Notice in the matter of Linton Black Variance was published in said
newspaper in the issues ofMav 12.2003. Affiant further says that the said The Post is a
newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach County, Florida,
daily and Sunday and has been entered as second class mail matter at the post office in West
Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the
fIrst publication of the attached copy of advertisement; and affiant further says that she/he has
neither paid nor promised any person, firm or corporation any discount rebate, commission or
refund for the purpose of securing this advertisemer for publicatio~ the sa~ newspaper.
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Sworn to and subscribed before this 12'" day OfMm7A-/!rJ~
Personally known XX or Produced IdentifIcation
Type ofIdentifIcation Produced
NO. 7246883
NOTICE OF
PUBUC HEARING
NOTICE IS HEREBY GIVEN
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PLANNING AND DEVEL-
OPMENT BOARD of the
I CITY OF BOYNTON
I-BEACH. FLORIDA. lor a
hearing as indicated, under
and pursuant to the provI-
sions of the zoning code 01
said City:
,Owner: LinlonBIack
~ Reque81: Relief from Chap-
; ler 2, Zoning Section
, 5.0.2.8. requiting a mini-
mum lear yard setDack rA 251
leet for a single-family home I
within the R-1-A zomng djs..
tricl.toallowloravarianoeof
14.8 foot, and a rear yard
setbactl; of 1.0.2 feet.
Location: 202 NE 15th
Avenue
Legal: ROLLING GREEN
2ND ADD LT 1 BLK 14
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. BOYN-
TON BEACH BLVD..
BOYN'TON BEACH,
FLORIDA, ON TUESDAY.
MAY 27. 2003, AT 6:30
P.M.
All Intere8t8dpartle&are notI-
tied tel appeat' at said bea,..
Ings In person or by attor-
ney and he hMrd or flIe any
wntten comments prior tQ,
the hearing dBte. Any per-
son who decides to appeaL
any decision of the Plan~
n~ng and Dev&lopmen~
Boai'd with respect to anl'
matter considered at these
meetings will need a record,
of the proceedings aod, fot
such purpose may need ta
ensure that a verbatim.
recordofthe-proceedlngaW
made, which record
includes the testimony and
evidence upon which th.
appeaJ Is to be based.
The City shall furnish appro-
pOate auXIliary aids and S8P'
viee.,where necessary to
afford an individual with, .
disability an equal opportu-
nity to participate in and
enjoy the benefits of a ser-
vice, program. or activity
conducted by the City.
Please contact PatriCIa
Tucker (561) 742. 6268. at
least twenty-four (24) hours
priO:l' to the program or activ-
Ity in -order for the City to
reasonably accommodate
your request
em OF BOYNTON BEACH
PLANNING AND ZONING
DIVISKJN
(561) 742-6260
PUB: The Palm Beach Post
. May 12, 2003
PROOF OF PUBLICATION
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SURVEY CERTIFIED TO: Donno H. Block; Sterling Sovlngs Bank Its
successors ond/or osslgns as their Interest moy oppear; UnIversal Land
TIlle; Inc.
PROPERTY ADDRESS: 202 N.E. 15th Avenue, Boynton Beach, Fl.
DESCRIPTION: FLOOD ZONE: C
Lot 1, Block 14, SECOND ADDITION TO ROLLING GREEN, according to the
Plot thereof on file In the Offlce of the Clerk of the Circuit Court In and
for Polm Beoch County, Florida, recorrJed In Plat Book 24, Page 155,
.LOT z
I HEREBY CERTIFY that 'he pia. shown hereon Is 8 true and correct representation 01 8 survey of the properly described In the caption thernQI
ml:ie under my dlrecllon, and Is accurate to the besl of my knowledge and belief. and thallhere are no apparent encroachments un~eS9 show
I fUlther certify this moets the Minimum TechniCAl SIandard5 adopted by Ihl3 FloridA Board of -%0 . _%
Surveyors Pursuant to Sec. 472.027, F.S., and Rulo 21 HH-6, F.A.C.. This pial is nol valid unless .... ./ h
sealoo with an ombossod surveyors seal. ,./ (,/...[../ ~
nogl".,ed lend Sun'oyor orlo" Cl'rlllh::l\l. No. t
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P.O. BOX 3646 t PHONE 586-2~69
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 03-095
TO:
Janet Prainito
City Clerk /}{}~
Michael W. ~~
Director ofPlanni g and Zoning
FROM:
DATE:
April 21, 2003
SUBJECT:
Linton Black Variance-ROLLING GREEN 2ND ADD LT 1 BLK 14
Rear yard Setback variance
ZNCV 03-003
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $400.00 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 May 27,2003 Planning and Development
Board meeting, and the June 6, 2003 City Commission meeting. Please advertise in the
newspaper and send notice to property owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\Linton Black Variance\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
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: April2L 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance to allow an addition to a
single-family house to be built with a rear yard setback of 10.2 feet in lieu of the 25-foot rear
yard setback required for a single-family house in a R-I-A zoning district. Planning and
Development Board meeting to be held on May 27. 2003 at 6:30 p.m. at the Commission
Chambers. City Hall. 100 E. Bovnton Beach Blvd.. Bovnton 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 May 12. 2003) within 400-foot
radius ofthe subiect property. applicant and Director of Planning and Zoning.
NEWSPAPER(S) TO PUBLISH: The Post
PUBLISHED: May 12. 2003
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: May 9, 2003
APPROVED BY:
~/)J
(Date)
0~~
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE 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:
Linton Black
Request:
Relief from Chapter 2, Zoning Section 5.D.2.a, requmng a
minimum rear yard setback of 25 feet for a single-family home
within the R-I-A zoning district, to allow for a variance of 14.8
foot, and a rear yard setback of 10.2 feet.
Location:
202 NE 15th Avenue
Legal:
ROLLING GREEN 2ND ADD LT I BLK 14
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, MAY 27,2003, 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 Planning and Development 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
May 12, 2003
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260