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AGENDA DOCUMENTS ':r,on 0; " o'.,~^. / \ o , ~0 J- ;;.-_ --i?" ~ON 0- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Otlice Meetine: Dates in to City Clerk's Office 0 August 5, 2003 July 1",,2003 (Noon.) ~ October 7, 2003 September 15, 2003 (Noon) 0 August 19,2003 August 4, 2003 (Noon) 0 October 2 t, 2003 October 6, 2003 (Noon) 0 September 2, 2003 August 18, 2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon) 0 September 16,2003 September 2. 2003 (Noon) 0 November 18.2003 November 3, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the October 7, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote (one recusal), reconunended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-219. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Griffith Variance (ZNCV 03-009) Craig Griffith Craig Griffith 1301 NW 8'" Court Request relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single.family home within the R-l.AA zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature ~(<)~ L Panning and Zoning ,lector City Anomey / Finance / Human Resources S.\Plannlng\SHARED\WP\PROJECTS\Griffith Variance\Agenda Item Request Griffith Variance ZNCV 03-009 IO-7-03.dot S.\BULLETINIFOIt\1S\AGENDA ITEM REQUEST FOR.'LDOC DEViOLOPMENT DEPARTMENT PLANN'NG AND ZONING DIVISIGN MEMORANDUM #03-219 Staff Report Planning and Development Board and City Commission Meeting Date: September 23, 2003 File No: ZNCV 03-009 Location: 1301 NW 81h Court (Lot 335, Block 9, Laurel Hills 51h Addition Subdivision) Owner: Craig Griffith Project: Rear addition to an existing single-family dwelling. Variance Request: Relief from Chapter 2, Zoning Section 5.C.2.a, requlnng a minimUm rear yard setback of 25 feet for a single-family home within the R-1-M zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. BACKGROUND The subject property and surrounding neighborhood is zoned R-1-M, single family residential (see Exhibit "A" - Location Map). The lot, developed in 1975, conforms to the current R-1-AA zoning district building and site regulations. Currently, the subject neighborhood is mostly developed The subject property has been improved, and occupied as a single family since 1975 The property is located at the west side of Northwest 8th Avenue with a depth of approximately 135 feet and a frontage of 75 feet. Staff surveyed the area and it was observed that the majority of properties along the west side of NW s'h Avenue comply with the minimum rear setback requirement of 25 feet, as estimated by the straight alignment of the rear building lines with few exceptions. The subject variance is requested because the applicant desires to expand the existing single,family home with a master bedroom/bathroom and home office addition (approximately 871 square feet) (see Exhibit "B" - Survey and Proposed Site Plan). This planned expansion is consistent with new construction and redevelopment projects observed throughout the city. 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 app!f~a!::!s to other lands, structures or buildings in the same zoning district. b. That the special conditions and circ:.:mstance, do not result from the actions of the applic,mt. P,,,ge 2 C iffith '.3riance he r~ - ZNCV 03-Cl09 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 other-iVise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff conducted the analysis focusing primarily on items "a", "b" and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant. Additionally the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s) by various site improvements or alterations. The emphasis of criteria "a", "b" and "c", ir. oresr to justify a hardship, is on naturai or unique limitations relative to other properties within the neighborhood that are similarly zoned, The variance should make more equitable the regulations when applied to the various properties within the area, Alternatively stated, in order to meet criterion "c", one should assume that the same structure proposed similarly on an adjacent property could be constructed without a variance. The subject request has been initiated for the sole expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances. With respect to criterion "e", traditionally, variances are intended to prevent the total denial of reasonable use of a piece of property, If this were applicable to the subject case, then denial of the ability to build this addition would be construed as a denial of the reasonable use of the property. Staff does not concur with this position, but rather believes that the existing improvements on the property, to include the home and a wood shed represent "reasonable use" of a parcel zoned for single-family homes. Furthermore, notwithstanding interior layout and design objectives, there exists nearly 70 feet of depth to the rear property line where measured from the deepest dimension from the existing rear facade (northern portion of rear facade). This is less desirable to the applicant due in part, to it requiring the removal of an existing patio slab, and internal layout but if extended from the northern portion of the rear facade, an expansion could be as wide as 32 feet and still leave a 10-foot side setback, and extend over 40 feet in depth without encroaching into the rear setback. The granting of this variance would be an acknowledgement that there e:<ists no alternative in either the structure ..;ze or loc3tion. Page 3 ::;rlffith Variance cde No. =r,cv 03-009 CONCLUSIONS/RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a., to allow a 20-foot rear setback and a five (5) foot variance within the R-1-M zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "0". Staff understands that the applicant is in need of extra living space within the subject home; however, staff recognizes that the proposed layout of this unit is also to accommodate a swimming pool in the future. Staff is supportive of residential redevelopment and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home expansions, and characteristics of or impact upon surrounding properties. Additionally, staff is proposing to take a closer look at the criteria and circumstances involved in these types of variance requests in the re-write of the Land Development Regulations in the coming year, in an effort to better facilitate neighborhood revitalization, For these reasons, if the Board and City Commission support this request, staff offers the following information for consideration: 1, The proposed addition is to be located at the rear of the property abutting a public right- of-way (Dual frontage/ through lot) and would still provide in excess of a 20-foot rear setback; 2. The subject improvement represents a modest expansion of the home relative to the minimum living area standard applicable to the subject zoning district; and 3. Staff has received no letters of objection, but received only letters of support of the proposed expansion from adjacent property owners. Specifically, those letters are from the abutting property owners to the north. south and east of the subject property, which would be the most impacted by the proposed expansion. MR/mda J.\SHRDA T AIPlannmgISHARED\WPIPROJECTS\GrlffHh VarJance\ZNCV 03-009\5T AFF REP ,doe Location Map GRIFFITH ZNC'v 03-009 EXHIBIT "A" i REel I I I i .-' I e'[ ~, .~ BOYNTON CANAL C-16 -- ~ ", i \ i~ .-l... , 'I 1 -1-, ' . I ' '. (,. I.~ , I , I ,-, ~~ L..-J I ii-----l !---l I ,I rl, I !-'L-J I zl I I z '<::---1 '. <l r-!:2:' I ~I. ! 1->.1 o~-----1 0, -I -III I i -Ii 1 I ! I :c , ()~rl U)i I, -I" I -II -- i i ~3TH A\lF I ! ------ , c I i i I I -Z' !~; Ie:> )1 CIJ~ ____, -1~ i I I I :::... ~, ~, 1 L , I ,-- I I I I I I [ ~IL I 'I I I I I z' ~\ '" -I :c.,/ () -I I I 1 , I 1 I IZ':- :z "I-..J' :-1 ! :c- I~ , ' , I , , , I , '. 'II I I, l4SITE ,VI I t ;j; "~~. 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Response: A special condition exists in that there is no lot adjacent to the property to the rear. The lot backs up to a street right of way (name of street). A special condition also exists in that the location of the existing family room is at the rear of the house and is the logical starting point for a simple addition that will meet the owner's requirements. B. That the special conditions and circumstances do not result from the actions of the applicant. Response: The lot and house where purchased by the applicant in the existing condition and neither configuration was created due to the action of the applicant. C. The granting of the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands. Response: Typical houses constructed within the R1AA zoning district would normally be much larger than the subject property which is a 2 bedroom 1 bath 1 car garage with approximately 1233 square feet of living area With the proposed addition of 871 square feet and consisting of an expanded family room., a home office, and a master bedroom and bath the square footage is increased to 2104 square feet. This proposed area is consistent with what could be expected of any new home within 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. Response: Due to the existing location of the house in the middle of the lot and the existing plan layout the provisions of the chapter would restrict the reasonable expansion of the residence to meet current residential area standards and room sizes. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response: The variance requested represents the minimum required to serve the applicants needs for the addition. 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 other wise detrimental to the public welfare. Response: The variance if granted will improve property values and taxable values as well as continue a trend of improvement in the Laurel Hills Subdivision and on this street in particular. Adequate landscaping will be installed to screen the rear of the addition and the proposed pool as welL EXHIBIT "D" Conditions of Approval Project name: Griffith Variance File number: ZNCV 03-009 Reference' DEPARTMENTS 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 ENGINEERIl'IG DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENTALIST Comments: None X PLAl'Il'IING AND ZONING Comments: None X r-- -, I =1 I' L " "DIT'(n; \L l'LANN:'\G & DEV"LOnIENT BO.\RD CC:\'DITlONS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Conunents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Griffith Variance\COA,doc S:\Planning'Planninr; Templ,ies\Conr..tinn af Appr'y: ') page -P&D ORA 2003 forrr -loc 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 CODY of aaenda 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 Au ust 5, 2003 DAu ust 19, 2003 DSe tember 2 2003 DSe tember 16, 2003 [8JOctober 7, 2003 DOctober 21, 2003 DNovember 5, 2003 DNovember IS, 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 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached [8J All exhibits are attached & marked e. ., Exhibit "A' [8J ~0-Y Department Head's initials: Griffith Variance (ZNCV 03-009) Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: City Manager's signature o Person contacted to pick up -ejected request by bg - 7/19/0c 5:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Aug S-Nc'J 18, 2003.doc on (Dat,,) DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-190 TO: Janet Prainito City Clerk FROM: Michael W. Rumpf Director of Planning and Zoning DATE: July 25,2003 SUBJECT: Griffith Variance-Laurel Hills, North 1/2 of Lot 334 & Lot 335 Rear yard setback variance ZNCV 03-009 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 September 23, 2003 Planning and Development Board meeting, and the October 7, 2003 City Commission meeting. Please advertise in the newspaper and send notice to properly owners accordingly. S:\Planning\SHARED\WP\PROJECTS\Gtiffith Variance\Legal notice.doc REQUEST FOR PUBLISHING LEGAL t, JTICES AND/OR LEGAL ADVERl_JEMENTS 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: Julv 25,2003 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance to allow an addition to a single-familv house to be built with a rear vard setback of 20 feet in lieu of the 25-foot rear vard setback required for a single-familv house in a R-l-AA zoning district. Planning and Development Board meeting to be held on September 23, 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 properlY owners (postmarked September 9. 2003) within 400- foot radius of the subiect properlY. applicant and Director of Planning and Zoning, NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: September 9,2003 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: September 5,2003 APPROVED BY: (I) )1..,. Ie ~ /7 / (O~oJ. ~ 7- (2)~~ (City Attorney) :f' . ~ c, (Date) 1'I'/D?:> (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: Craig Griffith Request: Relief from Chapter 2, Zoning Section 5,C.2,a, requmng a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of5 feet, and a rear yard setback of 20 feet. Location: l30l NW 8th Court Legal: NORTH Y2 of LOT 334 & LOT 335 LAUREL HILLS 5TH ADDITION PLAT BOOK 23, PAGE 183 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, SEPTEMBER 23,2003, 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 September 9,2003 CITY OF BOYNTON BEACH PLANNING AND WNING DIVISION (561) 742-6260