APPLICATION
PROJECT NAME: Holly variance
LOCATION: 133 N.E. 4th Avenue
PCN: 08-43-45-21-29-003-0031
I FILE NO.: ZNCV 03-001 I TYPE OF APPLICATION: Code
Variance
AGENT/CONTACT PERSON: OWNER: Janice Holly
George Homrich PHONE:
PHONE: 436-4876 FAX:
FAX: None Given ADDRESS: 1603 Timberlane Circle
ADDRESS: 501 N.E. 3rd Street Greenacres, FL 33463
Boynton Beach, FL. 33425
Date oCsubmittal/Proiected meetine dates:
SUBMITTAL / RESUBMITT AL 1/8/03
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 2/25/03
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/ll/03
AGENCY BOARD
CITY COMMISSION MEETING: 3/18/03
COMMENTS: Side Setbacks and Frontage requirements. 3 variances.
Aeent is contract purchaser.
S:\Planning\SHARED\WP\PROJECTS\Homrich Variance\2002 PROJECT TRACKING INFO.doc
City Codes Accessed Via Website
, \\'v/w.bovnton-beach.org
www.amlegaLcomlboynton_beach_fl.us
Has applicant attended a pre-application meeting?
Date
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) -'3
Block .3 ()f SHAE:PIJ~D ,i\-i)ur,......J " "t$.o'iI'lTf),.)
Subdivision
Plat Book d.
Page
5'9
or otherwise described as follows:
Property Address ~
/33 IV;;;', 4"'" A- VENin:
PCN Number DR - 43- '-6 - )1- d. q - 003 - 00- C03J
Variance requested including code chapter and section, existing code standards (Le,
setback distance, number of required parking spaces etc,), requested standard and the
variance (existing code standard minus requested standard),
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of I 0 F<\~
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.
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
....../
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j
PlA'."
Z01J'\
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
0, 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
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 (1st class--stamps or
payment for required postage),
4, 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.
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
~
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;
0, 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 $1 00,00 for each additional Code section,
,JANIC.G:. +fOLLY
7, Name and address of owner: 'bO:$ 11fv1i3ERLflNI,; C/{i!C'L€, (:1<"<.NfI0':J;;>, FL 33';1.03
8, Name of applicant: ()/aJ1?4'l< HDHR'C14.
9, Applicant's address: 501 NE. ?,/'.I1 ~'-
Date:
n~'~ iJ-'2.(.. 1c,B7~ if.3 6- If i 76
/;1 ~ !-OJsignature of Applicant:
Applicant's p
10, Represent tive 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.
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,
CONTACT:PALM 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:\SHRDATA\Planning\SHARED\WP\FORMS\APPLlCATIONS\ZNCV\ZNCV application with peN.doc
3
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
10 ft. 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.
CONTRACT FOR SALE AND PURCHASE
BUYER:
SELLER:
GEORGE HOMRICH
JANICE HOLLY
Buyer and Seller agree that Seller shall sell and Buyer shall buy the following property (the "Property") upon
the following terms and conditions:
I, PROPERTY LEGAL DESCRIPTION: The southeast Y. of lot 3, block 3, of Shepard addition,
in the City of Boynton Beach, Palm Beach County, Florida
Property Control Numbers: 08-43-45-2] -29-003-003 I
The parties believe the legal description and control numbers to be accurate,
2, PERSONAL PROPERTY: All personal property of Seller located on or used in connection with the
real property,
3, PURCHASE PRICE: $5 ,00
I, Deposit made e (I) day after Buyer and Seller execute this document: $1,000,00
2, Additional p yment due at closing: $4,000,00
4, ACCEPTANCE: T1i' offer expires 7:00 p,m" December 4,2002 (Wednesday),
5, CLOSING: On or before Jatiueday), The parties shall close via mail.
6. TITLE: If Seller has title insurance, Seller shall furnish to Buyer Seller's prior owner's title insurance
policy, Seller shall convey the real property vi Statutory Warranty Deed and the personal
property via "As Is" Bill of Sale (in b c~s e d clear of all liens, encumbrances and
exceptions unacceptable to Buyer),
7,
SURVEY: If Seller has a copy ofa survey, Se
real property,
IS to Buyer Seller's existing survey of the
8, INSPECTION: The Buyer shall have fifteen (15) days from the date after Buyer and Seller execute
this Contract to conduct all inspections it deems relevant (the "Inspection Period"), In the event the
Buyer determines, prior to the expiration of the Inspection Period, for any reason whatsoever, in the
exercise of its sole and absolute discretion, that the Property is not suitable for Buyer, the Buyer shall
be entitled to cancel this Contract and immediately receive a full refund of its deposit. Thereafter each
party shall be forever released from all liability hereunder.
9, DOCUMENTS FOR CLOSING: Buyer's counsel shall prepare the Florida Statutory Warranty
Deed, the Seller's Affidavit, the HUD-I Settlement Statement and all other instruments required by
Buyer. The Seller's Affidavit shall attest to the absence of any financing statements, claims oflien or
potentiallienors and shall state that there are no matters pending against Seller that could give rise to a
lien that would attach to the Property between the disbursing ofthe closing funds and the recording of
the Florida Statutory Warranty Deed, and that Seller has not, and will not, execute any instrument that
could adversely affect the title to the Property,
Page 1 of 2
10, EXPENSES: The Seller shall pay for cost of obtaining payoff and estoppel letters (if any), The Buyer
shall pay for the cost of Florida Documentary Stamp Tax on the Deed, recording corrective
instruments (if any), recording the deed, title insurance and an updated survey,
11. PRORATION: Taxes and other expenses and revenues shall be prorated through the day prior to
closing (tax proration based on the current year's tax bill),
12, DEFAULT: If Buyer fails to perform, the deposit paid by Buyer shall be retained by the Seller as
liquidated damages and in full settlement of any claims for damages (and each party shall be thereafter
forever released from all' " er), If Seller fails to perform, all money paid or deposited by
Buyer pursuant to th' Contract shall rned to Buyer upon demand (and each party shall be
thereafter forever rei ased from all liabilities hereunder), or Buyer shall have the right of specific
performance,
13, ESCROW AGENT: If Angelo, B Boldt, P,A, (the "Escrow Agent") is in doubt as to Escrow
Agent's duties or liabilities under e pr ' ions of this Contract, Escrow Agent may deposit the
subject matter of the escrow with court uyer and Seller shall be jointly and severally liable for
and agree to pay Escrow Agent all reasonable atto 'fees and costs incurred in connection with its
duties hereunder (whether or not the trans s or whether or not the Escrow Agent deposits
the escrow into the court), The partie reto agree at Escrow Agent shall not be liable to any party
for misdelivery to Buyer or Seller of the escrow,
14, MISCELLANEOUS: This Co tract represents the fmal agreement of the parties and no other
agreements or representations shall be binding on the parties, Handwritten provisions shall supersede
printed provisions, Legible facsimile signatures hereon shall be considered as originals, The law of
the State of Florida shall control and the exclusive jurisdiction and venue for any proceeding
hereunder shall be the courts of Palm Beach County, Florida, In the event of any action by any party
hereto against another party, the prevailing party shall be entitled to recover all costs and expenses of
the action including attorneys' fees, The Buyer shall be entitled to assign this Contract but shall not be
released from liability hereunder,
~C0
GEOR
501 N, ,3"' Street
Boynton Beach, Florida 33425
Date: December _' 2002
JA I EHOLLY
1603 imberlane Circle
Greenacres, Florida 33463
Date: December _' 2002
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