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AGENDA DOCUMENTS SJ.N3wn~oa VaN39V (t1( " "'<),' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetinfl Dates in to City Clerk's Office D August 3. 2004 (Noon,) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 D Augusl17, 2004 (Noon) August 2,2004 D October 19, 2004 (Noon) October 4, 2004 cgJ September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18.2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF cgJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 7, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, reconunended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04,202. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Citrus Glen (MPMD 04-003) John Schiavo John and Marilyn Schiavo South of Miner Road; east of Lawrence Road Request for Master Plan ModifIcation approval to reduce the side yard setback for pool construction and screen enclosures from 12 feet to 4 feet and from 12 feet to zero (0) feet, respectively, on lot 1, Citrus Glen PUD. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A / Develop ent Depa ent Director ~(J.~ Planning and Z . g Director S:IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM,DOC City Manager's Signature City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-202 STAFF REPORT TO: FROM: Chair and Members Planning and Development Board and City Commission , :(..- Michael W. Rump-m.~ Director of Planning and Zoning Ed Breese~ Principal Planner THRU: DATE: PROJECT NAME/NO: REQUEST: August 13,2004 Citrus Glen MPMD 04-003 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. PROJECT DESCRIPTION Properly Owners: John and Marilyn Schiavo, Lot 1 ApplicanVAgent: John Schiavo Location: Citrus Glen (P.U.D.) Existing Land Use/Zoning: Low Density Residential (LDR)/PUD Proposed Land Use/Zoning: No changes proposed Proposed Use: Pool Installation/Setback Amendment Acreage: 53.6 Acres (entire PUD Master Plan) Adjacent Uses: North: East: Right-of-way for Miner Road, and farther north right-of-way for LWDD L-20 Canal; Right-of-way for Executive Circle, and farther south single-family detached zero lot line homes (Citrus Glen PUD); Single-family detached zero lot line homes (Citrus Glen PUD); South: West: City of Boynton Beach sewer lift station, and farther west right-of-way for Lawrence Road. Staff Report Memorandum No PZ-04-202 Page 2 BACKGROUND John and Marilyn Schiavo, residents of Citrus Glen P.U.D., are requesting that the Master Plan for Citrus Glen (Executive Estates) P.U.D. be modified to reduce the minimum side yard setback for swimming pools and associated screen enclosures, as described within the attached letter of request. The request is to reduce the current twelve (12) foot side setback to zero (0) feet for the screen enclosure and four (4) feet to waters edge of the pool, for Lot 1. The subject plat is a single-family detached zero lot line residential development, comprised of 197 platted lots on 53.6 acres. The P.U.D. is located on the east side of Lawrence Road, south of Miner Road (see Exhibit "A" - Location Map). All 197 lots are developed. The typical lots within this P.U.D. range between 5,000 and 6,000 square feet. All lots front on an intemal road network providing ingress and egress to Lawrence Road and Miner Road. The approved building setbacks are: 20 feet front yard, 15 feet and zero (0) side yard and 15 feet rear yard. As noted above, the side setback for screen enclosures and pools is 12 feet. Although it is more common to process requests for setback modifications within master plans for multiple lots that share a unique characteristic, the analysis below will demonstrate the uniqueness of this individual lot that is the subject of this request. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The Master Plan (see Exhibit "B") submitted by the applicant identifies the properly that is the subject of this request. The applicant also prepared a pool layout depicting the proposed zero (0) foot side setback for the pool screen enclosure and the four (4) foot side setback for the water's edge of the pool (see Exhibit "C" - Proposed Pool Layout). This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. There are no minimum yard setbacks required within PUD's. These are approved with the PUD Master Plan. As such the approved setbacks for Citrus Glen do not conform to setbacks required for conventional single-family zoning districts. With respect to the changes requested, the setbacks were established consitent with other zero lot line developments in the City. The purpose and intent of setbacks is to create separation between units, principally for safety and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be set a certain distance away from the properly lines. The Applicant has submitted a letter from his wife's doctor, Dr. Sami I. Dagher, M.D., of the Palm Beach Institute of Pain Management, indicating that she is being treated for back pain and the importance of her ability to perform exercises in a water environment. The applicant has expressed the need for his wife to perform these water exercises at home to reduce the discomfort involved in driving back and forth to utilize such facilities and to create flexibility in scheduling of these exercises. Additionally, the Homeowners Association has submitted a letter of no objection to the Schiavo's request (see Exhibit "0"). Staff reviewed the subject request focusing on the applicant's justification statement and that of his wife's doctor contained in Exhibits "E" and "F". There exists special conditions peculiar to the subject parcel. Lot 1 is located at the very northwest comer of the development. Lot 1 only abuts one other lot (Lot 2), which is on the opposite side of the house from where the pool is proposed to be constructed. On the side of the Staff Report Memorandum No PZ-04-202 Page 3 house where the pool is proposed, there is 15 feet from the house to the properly line, and then approximately an additional15 feet of open space beyond the subject properly line to the boundary of the PUD. Adjacent to this PUD boundary is a City of Boynton Beach sewer lift station, that seperates the PUD from Lawrence Road. This is the only lot within the Executive Estates section of the Citrus Glen PUD in which a non-zero side yard lot abuts the perimeter of the development. The reduction in the approved side yard setback for the pool and screen enclosure would generate no negative impact upon adjacent properties. The City's Department of Public Works, Utilities and Engineering Divisions reviewed this specific request and indicated they have no objection regarding the placement of the proposed improvements within this setback adjacent to the sewer lift station. RECOMMENDATION Staff recommends that the request for the reduction in the minimum side yard setback for the 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 be approved for the following reasons: 1. This request will not be injurious to the area or detrimental to the public welfare; 2. The location of the subject lot and proposed improvements are adjacent to a City of Boynton Beach sewer lift station; and 3. The uniqueness of Lot 1 in relation to all other lots in the Executive Estates section of the Citrus Glen PUD. This recommendation is subject to the conditions listed in Exhibit "G" Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "G" - Conditions of Approval. 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EXHIBIT C PAGE 61/61 \.\11 I~ =~ - " ~)lI i EXHIBIT 0 Executive Estates of Boynton Beach Homeowners Association, Inc. 195 Temple Ave Boynton Beach, FL 33436 City of Boynton Beaclh Department of Development 100 East Boynton Beaclh Blvd. Boynton Beaclh, 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 Sclhiavo 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, .&:t tJ~ ~obert Moreno, President For the Executive Estates of Boynton Beach HOA EXHIBIT E John & Marilyn Schiavo 159 Executive Circle Boynton Beach, FL 33436 Cell: (561) 818-5344 Home: (561) 736-2016 June 9, 2004 f'; Ii r JUN To: The Boynton Beach City Council [f .,,9 2004 My wife and I are submitting the following documents and formslOeniilbleus 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-groi.md pool. (See letter from Citrus Glen Homeowners' Assn.) i -..J I _ J 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. ResR c~u~ yours, :)JJ;;;:s John J. Schiavo Enclosures O$' ?3' ~6- /8' /0 000 ()()l () PALM BE.....;H INSTITUTE OF PAIN MAh,.(GEMENT EXHIBIT F 2401 SOUTH SEACREST BLVD. . BOYNTON BEACH, FL 33435 (561) 733.8133 . FAX (561) 733-6670 ----- April 22, 2004 SAM 1 I. DAGHER, M.D. ANESTHESIOLOGIST FELLOWSHIP TRAINED IN PAIN MANAGEMENT To Whom It May Concern: Ref: Marilyn Schiavo ADVANCED APPROACH FOR THE TREATMENT OF PAINFUL CONDmoNS OFTHE SPINE ANDTHE NERVOUS SYSTEM Dear Sir or Madam: PRACTICE FOCUS: 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. SCIATICA . 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. LOW BACK PAIN THORACIC & NECK PAIN ARTHRITIS Sincerely, HEADACHES CANCER PAIN rj~~'i-.iA . J) ~'7bff M~ Sami I Dag~r, M.D. SYMPATHETIC DYSTROPHY AND OTHER PAINFUL NERVE DISORDERS EXHIBIT "G" Conditions of Approval Project name: Citrus Glen File number: MPMD 04-003 Reference: Master Plan Modification identified with a June 9 Planning & Zonin!! date staron mar n!!. 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: 1. Prior to construction of the pool, applicable permit shall be obtained and the X construction shall comnlv with 2001 Florida Buildin!! Code, chanter 424. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ki Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHAREDI WPIPROJECTSICitrus GlenIMPMDlCOA.doc 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 CODY of agenda reauest (with back UD) 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. Requested City Deadline for Submittal to City P &. D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 D Au ust 17 2004 [8J Se tember 7 2004 Se tember 21 2004 October 5 2004 D October 19 2004 November 3 2004 November 16 2004 All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~~11( Department Head's initials: ' Citrus Glen (MPMD 04-003) Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: D signature Person contacted to pick up rejected request by bg , 7/19/02 S:IPlanninglPlanning remplates\Agenda Item Cover Sheet Checklist Aug 3 ' Nov 16, 2004.doc on (Date)