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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 Citv Clerk's Office Meetinll Dates in to City Clerk's Office
0 December 3, 2002 November 18, 2002 (Noon) 0 February 4, 2003 January 21, 2003 (Noon)
0 December 17, 2002 December 2, 2002 (Noon) 0 February 18, 2003 February 3, 2003 (Noon)
0 January 7.2003 December 16. 2002 (Noon) 0 March 4, Z003 February 18, 2003 (Noon)
0 January 21, 2003 January 6. 2003 (Noon.) I2$l March 18,. 2003 March 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 AIll10uncement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
I2$l Consent Agenda 0 Public Hearing
0 Code Compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the March 18,2003 City Commission Agenda under Consent
Agenda, The Connnunity Redevelopment Agency Board with a 6 to 1 vote, reconnnended that the subject request for a lot
frontage variance be approved, and the request for a side setback variance be denied, For further details pertaining to the
request, see attached Department Memorandum No, PZ 03-054,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Holly Variance (ZNCV 03-001)
George Homrich
Janice Holly
133 N,E, 4'" Avenue
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5,F,2,a and 5,E,2,a requiring sixty (60) foot minimum lot
frontage to allow a ten (10) foot variance, resulting in a fIfty (50) foot lot frontage for a
single family house within a R-2 zoning district; and
Request relief from Chapter 2, Zoning, Section 5,F,2,a, requiring a minimum side yard
setback often (10) feet to allow for a variance of2.5 feet and a side setbacks of7,5 feet
on each side for a single-family home within the R-2 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
~f !nd~: City Attorney I Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Holly Variance\Agenda Item Request Holly Variance ZNCV 03-001 3-18.03.dot
S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-054
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
THRU:
Michael W, Rumpf
fROM:
Maxime Ducoste
DATE:
February 24, 2003
PROJECT NAME/NO:
Holly Variances/ ZNCV 03-001
REQUEST:
Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 5,f,2.a/ 5,E,2,a, requiring sixty (60) foot minimum lot frontage to allow a ten (10)
foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a
R-2 zoning district; and
Relief from Chapter 2, Zoning, Section 5,f,2,a, requiring a minimum side yard setback often
(10) feet to allow for a variance of 2,5 feet and a side setbacks of 7,5 feet on each side for a
single-family home within the R-2 zoning district.
PROJECT DESCRIPTION
Property Owner: Janice Holly
Applicant/Agent: George Homrich
LDcation: 133 N,E, 4th Avenue, East 50 feet of the south 150 feet of Lot 3, Block 3,
Shepard Addition,
Existing Land Use/Zoning: Medium Density Residential (MeDR)/R-2
Proposed Land Use/Zoning: Medium Density Residential (MeDR)/R-2
Proposed Use: Single-family house
Acreage: 0,17 Acre (7500 square feet)
Adjacent Uses:
North:
A single-family house zoned R-2, single and two-family residential district;
South:
N,E, 4th Avenue right-of-way, and farther south a single-family house zoned R-2,
single and two-family residential district;
East:
Vacant property zoned R-2, single and two-family residential district; and
Staff Report
Memorandum No PZ-03-054
Page 2
West: A duplex property zoned R-2, single and two-family residential district,
BACKGROUND
The subject vacant property is located within the Shepard Addition subdivision, It is currently zoned R-2,
single and two-family residential dwelling district (see Exhibit "A" - Location Map), With the exception of
the adjacent lots to the north, east, and northeast, the neighborhood is mostly developed, The Shepard
Addition was platted in 1912 (see Exhibit "B" -Shepard Addition Subdivision Plat), this plat was composed
of 8 lots each with 100 feet of frontage and 300 feet of depth, However, Lots 1 through 5 have frontage on
N,E, 4th Avenue, Originally, Lot 3 met the minimum requirements of the R-2 zoning district, Subsequently,
Lot 3 was subdivided, which resulted in the creation of the subject vacant parcei, Lot 3,1 (see Exhibit "(" -
Shepard Addition Current Lot Layout), The subject vacant parcel (Lot 3,1) has a frontage of 50 feet and a
total area of 7,500 square feet. It is a non-conforming lot, because it does not meet the R-2 district
regulations, In this case, Section 11.1, Non-conforming regulations is not applicable since the parcel is not
an original whole platted lot.
It should be noted that the R-2 zoning district allows development of a single-family residence, However,
only the minimum lot area (6000 sq,ft,) and frontage (60 ft,) are as required in the R-1 zoning district,
Therefore, the minimum requirements to build a single-family dwelling in the R-2 zoning district (Chapter 2,
Zoning, Section 5, F.2,a,) are as follow:
. Lot area: 6000 square feet
. Lot frontage: 60 feet
. Front setback: 25 feet;
. Rear setback: 25 feet;
. Side setbacks: 10 feet.
The applicant is proposing the following lot characteristics and setbacks:
. Lot area: 7500 square feet (Chapter 2, Zoning, Section 5, E,2,a,)
. Lot frontage: 50 feet (Chapter 2, Zoning, Section 5, E,2,a,)
. Front setback: 35 feet;
. Rear setback: 79 feet;
. Sids setbacks: 7,5 feet
Mr, George Homrich, applicant and contract purchaser is requesting the two variances referenced above in
order to construct a single-family residence on a substandard lot (see Exhibit "D" - Proposed Building),
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 iands, 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
Staff Report
Memorandum No PZ.03-054
Page 3
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 distrid 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 strudure.
f. That the grant 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 variances focusing on the applicant's response to the above criteria contained
in Exhibit "E", Staff concurs with the applicant's response to criteria "b" above that there exists special
conditions peculiar to the subject parcel, namely lot frontage, Staff acknowledges that the previous owners
have likely caused the non-conformity by subdividing the original conforming lot, therefore conflicting with
criterion ':b"above, Also, regardless of what allowable use is proposed for Lot 3,1, unless assembled with
adjacent property, the subject variance for the lot frontage would be required, as the minimum variance
needed to make possible the reasonable use of the land,
According to the applicant's response to the above criteria, other properties in the neighborhood do not
have 10-foot side yard setbacks, Therefore, the applicant feels that he is also entitled to similar privileges, It
should be noted that any building encroachments on nearby properties were likely done at an earlier time
period when the regulations and process may have been less formal and stringent. It appears that modern
improvements within the area were made according to current regulations (setbacks), The request for side
yard setback reduction could therefore represent a grant of special privilege to the applicant.
With respect to impacts on the area, and satisfying criterion "f' above, regarding the request for setback
reductions staff acknowiedges that if the standard building envelope is expanded closer to the property
lines, the impacts on adjacent properties can include reduced light, air flow, and views, However, due to the
similarity between the proposed single-family use and nearby single and two-family uses, the impacts upon
the abutting parcels are not significant. The subject request for the reduction in the required lot frontage
would likely generate no negative impacts upon adjacent properties, but help improve the overall effort of
redevelopment within this area, It should be noted that the minimum side setback applicable to a 50-foot
wide lot eligible for the non-conforming lot provisions is 7'12 feet,
With respect to item "e" above, which relates to the magnitude and necessity of the variance, Staff realizes
that the design of the proposed residence can be accomplished within the required 10-foot side setbacks
providing a 30-foot wide house, which represents only a S-foot reduction from the maximum width
proposed allowed by the 10-foot side yard setback, The required 10-foot setbacks on both sides of the
proposed house would limit the design of the structure extending it toward the rear of the property where
adequate space exists to compensate for any reduced building width, This option would not likely reduce
any functionality of the proposed residence,
Lastly, staff finds that granting the lot frontage variance would not be injurious to the area or detrimental to
the public welfare, On the contrary, the proposed improvement would be consistent with existing
characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles, However, staff
finds that the variance for both side setback reductions would contrast the improvements in the
neighborhood which comply with the minimum 10-foot side setbacks,
Staff Report
Memorandum No PZ-03-054
Page 4
RECOMMENDATION
Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,f,2,a, / 5,E,2,a, to allow a 10
foot variance from the 60 foot minimum lot frontage to allow a 50 foot lot frontage be approved because of
the following reasons:
1. This request will not be injurious to the area or detrimental to the public welfare;
2, It will be consistent with the existing characteristics of the neighborhood including lot sizes, lot
frontages, house sizes and styles;
3, The variance requested is the minimum necessary to make possible the reasonnable use of the land,
However, staff recommends that the request from Chapter 2, Zoning, Section 5,F,2,a.j 5,E.2,a, to allow for
a side setback variance of 2,5 feet and side setbacks of 7,5 feet on each side for a single-family home be
denied for the following reasons:
1. Lack of traditionai hardship, and specifically, that relief is not necessary to make possible the
reasonnable use of the land;
2, The special conditions and circumstances are a result of actions taken by the applicant (e,g, design
and layout of the proposed improvement); and
3, It is inconsistent with the code requirements,
No conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in the Exhibit "f" - conditions of
approval.
MWR/MD
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EXHIBIT "E"
Responses to questions on variance application #5, A-F
A The lot is thin (50 ft.)
B, This lot was originally 50 ft, and has not been changed by applicant.
C. Currently, there are other properties within the area that do not have a
lOft. set-back.
D. The interpretation of the provisions of this chapter currently conflict
with the design of older houses in the area,
E. We are asking for an additional five (5) ft, in order to construct a 35
ft. wide house, increasing curb appeal.
F. In no way will granting this variance negatively effect the appearance
or use of this property or the others surrounding it.
EXHIBIT "F"
Conditions of Approval
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
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT BOARD
CONDITIONS
Project name: Holly Variances
File number: ZNCV 03-001
Reference:
I
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 copy of aaenda reauest (with back up) 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.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e, , Exhibit "A'
[gJ
[gJ
Department Head's initials: \\ v1---
Holly Variance (ZNCV 03-001)
Please do not write in the shaded area below,
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\CityTemplates\City Mgr\Agenda Item Cover Checklist Oec 3-March 18, 2003,doc
on
(Date)
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 03-041
TO:
Janet Prainito
City Clerk
Michael W, Rumpfatf+..
Director of Planning anJ Zoning
FROM:
DATE:
February 10, 2003
SUBJECT:
Holly Variances
133 N,E, 4th Avenue, Boynton Beach, FL.
Lot Frontage and Side Yards Setbacks
ZNCV 03-001
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case, A check in the amount of $600,00 to cover the review and processing
of this variance 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 March II, 2003 Community
Redevelopment Agency Board meeting, and the March 18, 2003 City Commission meeting,
Please advertise in the newspaper and send notice to property owners accordingly,
S:\Planning\SHARED\WP\PROJECTS\ IlollyYariances 03-001\Legal notice.ooc
REQUEST FOR PUBLISHING
LEGAL JTICES AND/OR LEGAL ADVER'EMENTS
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: February 10. 2003
BRIEF DESCRIPTION OF NOTICE OR AD: Three (3) Zoning Code variances for Janice Hollv.
requesting a variance of 10 feet from the required minimum lot frontage of sixty (60) feet.
resulting in a fifty (50) foot lot frontage. and requesting a variance of 2,5 feet from the required
ten (10) foot side vard setback resulting in a 7,5 foot side vard setback on each side for a single-
familv house in a R-2 zoning district, Community Redevelopment Agency Board meeting to be
held on March I L 2003. at 7:00 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 February 25, 2003) within 400
foot radius of the subiect property. applicant and Director of Planning and Zoning,
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: February 25, 2003
LAST DAY TO FAX TO THE PAPER BY 3:00 P,M,: February 21,2003
APPROVED BY:
~;. ~v
(I)
(Ori to
J,JlfJo5
(Date)
z:-li4?p
(Date)
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARIN<
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY 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: Janet Holly
Contract Purchaser: Georges Homrich
Request: Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5,f,2,aJ
5,E,2,a, requiring sixty (60) foot minimum lot frontage to allow a
ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a
single family house within a R-2 zoning district.
Request: Relief from Chapter 2, Zoning, Section 5,f,2,a, requiring a
minimum side yard setback of ten (10) feet to allow for a variance
of 2,5 feet and a side setbacks of 7,5 feet on each side for a single-
family home within the R-2 zoning district.
Location: 133 N,E, 4th Avenue, Boynton Beach, fL.
Legal: The East 50 feet of the South 150 feet of Lot 3, Block 3, Shepard
Addition to Boynton, 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 2, Page 59, of said Public
Records,
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY 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, MARCH 11,2003, AT 7:00 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 Community Redevelopment Agency 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.
CITY OF BOYNTON BEACH
PLANNING Al"D ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST February 25,2003