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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), L't-fHPTElc ;J Sccna"'; 5" (E) KEQU 1i21Nt; /vilA/1M vH FR.oNTIU ~ Or &0 FT.. ""'Fa ({ A ~/^,6"LtZ r;-qMIl-Y Rr=>ID~Na -TO /+~LtJH/ :Sb rl" Pt'i:tJ,vTA({J rete V.4R,fjAJC~ 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 ....../ rn ~~ ~:~. ~,OO 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 Page 2 of 2