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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 ~"'<..L.JII 'II I- / III I III II D~~" /'-..111111 U ..I n1l' , ~ ~I "E1~~ ~ =f-- -f- _ ~ _ _ I- != J I , , u^ r- - ~ IIIfY -.~ = f- ~ /~ ~!fn/K~ = ./....... :: 1 T>.'== = ~ c C =1- f-- f-- - ..,l -:; r- '.J " / II ~ I-- T ... , t::RQi' - JI 1 in. = 500.0 feet ~ "'/ III p IJ,iY \l.rm ~\' If--(., .-J--... f- " ~ ! ,:: , - ~'< ^ ..Jl:J:1!iJ~ I ~ L /'fT/TTl1 1 -- 1'111111 III )'" NIC .."'..,.... 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MIRAGE POCl..5 If'J" ' PAGE Iill/oU "" ~.. .. . .... -' ,j ~ ill ~, (~ ~ =~ \l . ~ It.. 1 - -~ 10{> ,C?/;~/ " EXHIBIT C . . . , , ~ . , EXHIBIT D . ' 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