LEGAL APPROVAL
The City ofBoy,ttonBeach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boyntorr-beach.org
September 13, 2004
Mr. John Schiavo
159 Executive Circle
Boynton Beach, Florida 33436
Re:
File No:
Location:
Master Plan Modification - Setbacks
MPMD 04-003
Lot 1, Executive Estates, Citrus Glen PUD
Dear Mr. Schiavo:
Enclosed is the Development Order granted by the City Commission on
September 7,2004, which represents the approval of the master plan modification of
Citrus Glen PUD to reduce the side yard setback for construction of a pool from twelve
(12) feet to four (4) feet and associated pool screen enclosure from twelve (12) feet to
zero (0) feet for Lot 1, Executive Estates, in Citrus Glen.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
~}rJl
L_
Michael W. Rumpf
Director of Planning & Zoning
MWR/jdc
Enclosure: Development Order w/Conditions of Approval
S:IPlanningISHAREDlWPIPROJECTSICitrus GlenlApprovalletter after CC.doc
.
. .
DEVELOPM( ~T ORDER OF THE CITY COMMI~ /ON OF THE
<!IN OF BOYNTO~. ~~~~' -~l?RIDJL .
PROJECT NAME: Citrus Glen in Ii.
('c'l ftp 10 O{'.I
John Schiavo . I
I L.._.____ ___ _'_
APPLICANT'S ADDRESS: 159 Executive CirdeB.QQ.nkir1'Beaeh, FL 33436
D',,'opm.nt
Paz
Building
Engln.erlng
0... L1..n..
City Clerk
>
APPLICANT'S AGENT:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7,2004
TYPE OF RELIEF SOUGHT: Master Plan modification to the Citrus Glen P.U.D. to reduce the side
yard setback for construction of a pool from twelve (12) feet to four (4)
feet and associated pool screen enclosure from twelve (12) feet to zero
(0) feet for Lot 1, Executive Estates, in Citrus Glen.
LOCATION OF PROPERTY: South of Miner Road; East of Lawrence Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The A~nt
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
../ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the properly shall be made in accordance with
and conditions of this order.
DATED: q-IO-o
7. Other
S:IPlannlngISHAREDlWPIPROJECTSICitrus Glenl
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CITRUS GLEN EXHIBIT "A"
LOCATION MAP
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MIRAGE POCl..5 If'J" '
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EXHIBIT C
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EXHIBIT D
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Executive Estates of Boynton Beach
Homeowners Association, Inc.
195 Temple Ave
Boynton Beach, FL 33436
City of Boynton Beach
Department of Development
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
May 28, 2004
RE: Construction of patio and pool at the Schiavo residence -
(159 Executive Drive, Boynton Beach, FL 33436)
To Whom It May Concern:
We the Board of Directors of Executive Estates of Boynton Beach Homeowners
Association, Inc., have no objection for John and Marilyn Schiavo of 159
Executive Drive to build a patio to the property line and a pool within three (3)
feet of the property line.
If you have any questions regarding these matters, please call Art Davidson (of
Associated Property Management) at 588-7210 ext. 20.
Sincerely,
,,~(J~
;Robert Moreno, President
For the Executive Estates of Boynton Beach HOA
'.
John & Marilyn Schiavo
159 Executive Circle
Boynton Beach, FL 33436
Cell: (561) 818-5344
Home: (561) 736-2016
June 9, 2004 C.")', "
Ii n:i JUN 9 2004 !
To: The Boynton Beach City Council [L. '"". , . -.J J
My wife and I are submitting the following documents and formStOenabfe'us to _
change the set back on my property so that we will be able to put a pool in our
yard. We are attempting to put in an approximate 14 x 24 ft in-the-ground pool.
(See letter from Citrus Glen Homeowners' Assn.)
EXHIBIT E . y.
I am requesting to install this particular size pool in order to allow my wife to do
daily water therapy exercises as recommended by her doctor. (See Letter from
Dr. Dagher) My wife is supposed to be doing water exercises twice a day in the
moming and evening.
As you will note by viewing the pool plans, I will be able to go out to our property
line with the screen enclosure and then come in 4 ft. to water's edge. There are
no homes to the west of my residence--the only building present on the west side
of our property being the Boynton Sewer Lift Station. (See the PLAT 1 survey
that shows this)
This can be a win-win situation for both the city of Boynton Beach and myself-
from a tax stand point and from the therapeutic gains for my wife's back injury.
As you will note, from the plans, we intend to follow all other guidelines. We are
Simply asking for your permission to use the maximum space possible for the
pool & screen enclosure. As you will also note, we have a letter from the
Homeowners Association stating their approval for us to extend out to the
property line with a screen enclosure, allowing adequate space in which to build
the pool.
We appreciate your time and consideration in this matter. My wife and I await
your decision.
Enclosures
075 ~J' ~6- /8' /0 000 6CJIO
, .
PALM BEACH INSTITUTE OF PAIN MANAGEMENT EXHIBIT F
2401 SOUTH SEACREST BLVD. . BOYNTON BEACH, FL 33435
(561) 733.8133 FAX (561) 733-6670
April 22, 2004
AMI I. DAGHER, M.D.
ANESTHESIOLOGIST
FELLOWSHIP TRAINED
IN PAIN MANAGEMENT To Whom It May Concern:
ADVANCED APPROACH
FOR THE TREATMENT
OF PAINFUL
CONDmoNS OF THE
SPINE AND THE
NERVOUS SYSTEM
PRACTICE FOCUS:
LOW BACK PAIN
SCIATICA
THORACIC &
NECK PAIN
ARTHRmS
HEADACHES
CANCER PAIN
SYMPATHETIC
DYSTROPHY
AND
OTHER PAINFUL
NERVE DISORDERS
Ref: Marilyn Schiavo
Dear Sir or Madam:
Mrs. Schiavo is a patient of mine who has been treated for
low back and bilateral lower extremities pain due to disc herniations
at L4-5 and L5-S1 and spondylitic changes in the lower lumbar
facet joints.
. It would be very important for her to be able to exercise in a
water environment for these conditions, If you have any questions
please do not hesitate to contact.
Sincerely,
d~,f,UA-' J) i1~tf Mt:J
Sami I Dag~r, M.D.
, .
EXHIBIT "G"
Conditions of Approval
Project name: Citrus Glen
File number: MPMD 04-003
Reference: Master Plan Modification identified with a June 9 Planning & Zoning date stamp marking.
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:
I. Prior to construction of the pool, applicable permit shall be obtained and the X
construction shall comnly with 2001 Florida Building Code, chanter 424.
PARKS AND RECREATION
Connnents: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
"
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conunents:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Conunents:
To be determined. 'II.trlJ.D_
S,\PlanningISHAREDI WP\PROJECfS\Citrus GlenlMPMDlCOA,doc