AGENDA DOCUMENTS
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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
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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.)
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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)